2003 Revised Code of Washington Supplement: Titles 1 through 91
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General Provisions
Title 1
Title 1
GENERAL PROVISIONS
Chapters
1.16
General definitions.
Chapter 1.16
Chapter 1.16 RCW
GENERAL DEFINITIONS
Sections
1.16.050
1.16.090
1.16.050
"Legal holidays and legislatively recognized days."
Legislative declaration for civil liberties day of remembrance.
1.16.050 "Legal holidays and legislatively recognized
days." The following are legal holidays: Sunday; the first
day of January, commonly called New Year's Day; the third
Monday of January, being celebrated as the anniversary of
the birth of Martin Luther King, Jr.; the third Monday of February to be known as Presidents' Day and to be celebrated as
the anniversary of the births of Abraham Lincoln and George
Washington; the last Monday of May, commonly known as
Memorial Day; the fourth day of July, being the anniversary
of the Declaration of Independence; the first Monday in September, to be known as Labor Day; the eleventh day of
November, to be known as Veterans' Day; the fourth Thursday in November, to be known as Thanksgiving Day; the day
immediately following Thanksgiving Day; and the twentyfifth day of December, commonly called Christmas Day.
Employees of the state and its political subdivisions,
except employees of school districts and except those nonclassified employees of institutions of higher education who
hold appointments or are employed under contracts to perform services for periods of less than twelve consecutive
months, shall be entitled to one paid holiday per calendar
year in addition to those specified in this section. Each
employee of the state or its political subdivisions may select
the day on which the employee desires to take the additional
holiday provided for herein after consultation with the
employer pursuant to guidelines to be promulgated by rule of
the appropriate personnel authority, or in the case of local
government by ordinance or resolution of the legislative
authority.
If any of the above specified state legal holidays are also
federal legal holidays but observed on different dates, only
the state legal holidays shall be recognized as a paid legal
holiday for employees of the state and its political subdivisions except that for port districts and the law enforcement
and public transit employees of municipal corporations,
either the federal or the state legal holiday, but in no case
both, may be recognized as a paid legal holiday for employees.
Whenever any legal holiday, other than Sunday, falls
upon a Sunday, the following Monday shall be the legal holiday.
Whenever any legal holiday falls upon a Saturday, the
preceding Friday shall be the legal holiday.
Nothing in this section shall be construed to have the
effect of adding or deleting the number of paid holidays provided for in an agreement between employees and employers
of political subdivisions of the state or as established by ordi-
1.16.090
nance or resolution of the local government legislative
authority.
The legislature declares that the twelfth day of October
shall be recognized as Columbus Day but shall not be considered a legal holiday for any purposes.
The legislature declares that the ninth day of April shall
be recognized as former prisoner of war recognition day but
shall not be considered a legal holiday for any purposes.
The legislature declares that the twenty-sixth day of January shall be recognized as Washington army and air national
guard day but shall not be considered a legal holiday for any
purposes.
The legislature declares that the seventh day of August
shall be recognized as purple heart recipient recognition day
but shall not be considered a legal holiday for any purposes.
The legislature declares that the second Sunday in October be recognized as Washington state children's day but
shall not be considered a legal holiday for any purposes.
The legislature declares that the sixteenth day of April
shall be recognized as Mother Joseph day and the fourth day
of September as Marcus Whitman day, but neither shall be
considered legal holidays for any purpose.
The legislature declares that the seventh day of December be recognized as Pearl Harbor remembrance day but shall
not be considered a legal holiday for any purpose.
The legislature declares that the nineteenth day of February be recognized as civil liberties day of remembrance but
shall not be considered a legal holiday for any purpose.
[2003 c 68 § 2; 2000 c 60 § 1; 1999 c 26 § 1; 1993 c 129 § 2;
1991 sp.s. c 20 § 1; 1991 c 57 § 2; 1989 c 128 § 1; 1985 c 189
§ 1; 1979 c 77 § 1; 1977 ex.s. c 111 § 1; 1975-'76 2nd ex.s. c
24 § 1; 1975 1st ex.s. c 194 § 1; 1973 2nd ex.s. c 1 § 1; 1969
c 11 § 1; 1955 c 20 § 1; 1927 c 51 § 1; RRS § 61. Prior: 1895
c 3 § 1; 1891 c 41 § 1; 1888 p 107 § 1.]
Finding—1993 c 129: "The legislature finds that Washington's children are one of our most valuable assets, representing hope for the future.
Children today are at risk for many things, including drug and alcohol abuse,
child abuse, suicide, peer pressure, and the economic and educational challenges of a changing world. It is increasingly important for families, schools,
health professionals, caregivers, and workers at state agencies charged with
the protection and help of children to listen to them, to support and encourage them, and to help them build their dreams for the future.
To increase recognition of children's issues, a national children's day is
celebrated in October, with ceremonies and activities devoted to children.
Washington state focuses special attention on its children by establishing a
Washington state children's day." [1993 c 129 § 1.]
Finding—Declaration—1991 c 57: "The legislature finds that the
Washington army and air national guard comprise almost nine thousand dedicated men and women who serve the state and nation on a voluntary basis.
The legislature also finds that the state of Washington benefits from that dedication by immediate access to well-prepared resources in time of natural
disasters and public emergency. The national guard has consistently and frequently responded to state and local emergencies with people and equipment
to provide enforcement assistance, medical services, and overall support to
emergency management services.
The legislature further declares that an annual day of commemoration
should be observed in honor of the achievements, sacrifices, and dedication
of the men and women of the Washington army and air national guard."
[1991 c 57 § 1.]
Court business on legal holidays: RCW 2.28.100, 2.28.110.
School holidays: RCW 28A.150.050.
1.16.090
1.16.090 Legislative declaration for civil liberties day
of remembrance. The legislature recognizes that on February 19, 1942, the President of the United States issued Exec[2003 RCW Supp—page 1]
Title 2
Title 2 RCW: Courts of Record
utive Order 9066 which authorized military rule over civilian
law and lives; that Executive Order 9066 led to the World
War II evacuation and internment of more than one hundred
twenty thousand Japanese Americans, most of whom were
United States citizens by birth; that Japanese Americans lost
their homes and livelihoods and suffered physical and psychological damage; and that, despite widespread hostility and
discrimination, Japanese Americans served with distinction
in the United States military effort as members of the Military
Intelligence Service and in the segregated 100th Infantry Battalion and the 442nd Regimental Combat Team. The legislature further recognizes that in the name of "military necessity," Japanese Americans were deprived of their fundamental constitutional rights and civil liberties; and that the
Japanese American experience during World War II tragically illuminates the fragile nature of our most cherished
national beliefs and values.
The legislature declares that an annual day of recognition
be observed in remembrance of Japanese Americans interned
during World War II as a reminder that, regardless of the
provocation, individual rights and freedoms must never be
denied. [2003 c 68 § 1.]
Title 2
Title 2
COURTS OF RECORD
Chapters
2.08
Superior courts.
2.48
State bar act.
2.56
Administrator for the courts.
Chapter 2.08
Chapter 2.08 RCW
SUPERIOR COURTS
Sections
2.08.062
2.08.064
2.08.180
Judges—Chelan, Douglas, Clark, Grays Harbor, Kitsap, Kittitas, and Lewis counties.
Judges—Benton, Franklin, Clallam, Jefferson, Snohomish,
Asotin, Columbia, Garfield, Cowlitz, Klickitat, and Skamania counties.
Judge pro tempore—Appointment—Oath—Compensation.
2.08.062
2.08.062 Judges—Chelan, Douglas, Clark, Grays
Harbor, Kitsap, Kittitas, and Lewis counties. There shall
be in the county of Chelan four judges of the superior court;
in the county of Douglas one judge of the superior court; in
the county of Clark ten judges of the superior court; in the
county of Grays Harbor three judges of the superior court; in
the county of Kitsap eight judges of the superior court; in the
county of Kittitas two judges of the superior court; in the
county of Lewis three judges of the superior court. [2003 c
96 § 1; 1998 c 270 § 1; 1996 c 208 § 1; 1995 c 117 § 1; 1992
c 189 § 2; 1990 c 186 § 1; 1987 c 323 § 2; 1985 c 357 § 2;
1979 ex.s. c 202 § 2; 1977 ex.s. c 311 § 2; 1975-'76 2nd ex.s.
c 79 § 1; 1971 ex.s. c 83 § 4; 1967 ex.s. c 84 § 2; 1963 c 48 §
2; 1951 c 125 § 4. Prior: 1945 c 20 § 1, part; 1927 c 135 § 1,
part; 1911 c 131 § 1; 1907 c 79 § 1, part; 1907 c 178 § 1, part;
1905 c 36 § 1, part; 1895 c 89 § 1, part; 1891 c 68 § 3, part;
1890 p 341 § 1, part; Rem. Supp. 1945 § 11045-1d, part; RRS
§ 11045-1, part.]
[2003 RCW Supp—page 2]
Effective dates for additional judicial positions—2003 c 96: "(1) The
additional judicial positions created by sections 1 and 2 of this act in Clark
county, Kitsap county, Kittitas county, and Benton and Franklin counties
shall be effective only if each county through its duly constituted legislative
authority documents its approval of any additional positions and its agreement that it will pay out of county funds, without reimbursement from the
state, the expenses of such additional judicial positions as provided by statute.
(2)(a) The additional judicial positions created by section 1 of this act
for the county of Clark take effect as follows: One additional judicial position shall be effective no earlier than the second Monday in January 2004,
and one additional position shall be effective no earlier than the second Monday in January 2005. The actual starting dates for the positions may be established by the Clark county legislative authority upon request of the superior
court and by recommendation of the Clark county executive authority, if any.
(b) The additional judicial position created by section 1 of this act for
the county of Kitsap shall be effective no earlier than the second Monday in
January 2005. The actual starting date for the position may be established by
the Kitsap county legislative authority upon request of the superior court and
by recommendation of the Kitsap county executive authority, if any.
(c) The additional judicial position created by section 1 of this act for
the county of Kittitas shall be effective no earlier than the second Monday in
January 2004. The actual starting date for the position may be established by
the Kittitas county legislative authority upon request of the superior court
and by recommendation of the Kittitas county executive authority, if any.
(d) The additional judicial position created by section 2 of this act
jointly for the counties of Benton and Franklin shall be effective no earlier
than July 1, 2003. The actual starting date for the position may be established by the Benton and Franklin county legislative authorities upon request
of the superior court and by recommendation of the Benton and Franklin
county executive authorities, if any." [2003 c 96 § 3.]
Effective date—1998 c 270: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 1, 1998]." [1998 c 270 § 5.]
Additional judicial positions in Clark, Lewis, and Yakima counties—Start dates—Establishment by county commissioners upon superior court request—1998 c 270: "(1) The additional judicial position created by section 1 of this act for the county of Clark takes effect on April 1,
1998, but the actual starting date for this position may be established by the
Clark county commissioners upon the request of the superior court.
(2) The additional judicial position created by section 1 of this act for
the county of Lewis takes effect on April 1, 1998, but the actual starting date
for this position may be established by the Lewis county commissioners
upon the request of the superior court.
(3) The additional judicial positions created by section 2 of this act for
the county of Yakima take effect on April 1, 1998, but the actual starting
dates for these positions may be established by the Yakima county commissioners upon the request of the superior court." [1998 c 270 § 4.]
Additional judicial positions in Chelan and Douglas counties subject to approval and agreement—1996 c 208: "(1) The three judicial positions serving Chelan and Douglas counties jointly are allocated to Chelan
county, effective upon appointment of a judge to the Douglas county superior court. The additional judicial positions created by section 1, chapter
208, Laws of 1996, are allocated one to Chelan county and one to Douglas
county and each position becomes effective only if each county, through its
duly constituted legislative authority, documents its approval of the additional position and its agreement that it will pay out of county funds, without
reimbursement from the state, the expenses of the additional judicial position
as provided by state law or the state Constitution.
(2) The judicial positions created by section 1, chapter 208, Laws of
1996, shall be effective January 1, 1997." [1998 c 270 § 3; 1996 c 208 § 2.]
Effect—Additional judicial position in Clark county subject to
approval and agreement—1995 c 117: "The additional judicial position
created by section 1 of this act is effective only if Clark county through its
duly constituted legislative authority documents its approval of the additional position and its agreement that it will pay out of county funds, without
reimbursement from the state, the expenses of the additional judicial position
as provided by state law or the state Constitution." [1995 c 117 § 2.]
Effective dates—Additional judicial positions subject to approval
and agreement—1992 c 189: See notes following RCW 2.08.061.
Effective dates—Additional judicial positions in Kitsap and Thurston counties subject to approval and agreement—1990 c 186: "(1)(a)
One additional judicial position created by section 1 of this act and the addi-
Superior Courts
tional judicial position created by section 2 of this act shall be effective July
1, 1990.
(b) The second additional judicial position created by section 1 of this
act shall be effective not later than, and at the discretion of the legislative
authority may be phased in at any time before, January 1, 1994.
(2) The additional judicial positions created by sections 1 and 2 of this
act in Kitsap and Thurston counties shall be effective only if the county
through its duly constituted legislative authority documents its approval of
any additional positions and its agreement that it will pay out of county
funds, without reimbursement from the state, the expenses of such additional
judicial positions as provided by statute. The additional expenses include,
but are not limited to, expenses incurred for court facilities." [1990 c 186 §
4.]
Effective dates—Additional judicial positions in King, Chelan, and
Douglas counties subject to approval and agreement—1987 c 323: See
note following RCW 2.08.061.
Effective dates—Additional judicial positions in Pierce, Clark, and
Snohomish counties subject to approval and agreement—1985 c 357:
See note following RCW 2.08.061.
Adjustment in judicial services: See note following RCW 2.08.065.
Effective date—1977 ex.s. c 311: See note following RCW 2.08.061.
2.08.180
Additional judicial positions in Clallam and Jefferson counties subject to approval and agreement—1982 c 139: "The additional judicial
positions created by section 2 of this 1982 act in Clallam and Jefferson counties shall be effective only if, prior to April 1, 1982, each county through its
duly constituted legislative authority documents its approval of the additional positions and its agreement that it will pay out of county funds, without reimbursement from the state, the expenses of such additional judicial
positions as provided by statute." [1982 c 139 § 3.]
Additional judicial positions in Ferry, Stevens, and Pend Oreille
district subject to approval and agreement—1982 c 139; 1981 c 65: "The
additional judicial position created by this 1981 act in the joint Ferry,
Stevens, and Pend Oreille judicial district shall be effective only if each
county in the judicial district through its duly constituted legislative authority documents its approval of the additional position and its agreement that it
and the other counties comprising the judicial district will pay out of county
funds, without reimbursement from the state, the expenses of such additional
judicial position as provided by statute. As among the counties, the amount
of the judge's salary to be paid by each county shall be in accordance with
RCW 2.08.110 unless otherwise agreed upon by the counties involved."
[1982 c 139 § 1; 1981 c 65 § 3.]
Effective date—1977 ex.s. c 311: See note following RCW 2.08.061.
2.08.180
2.08.064
2.08.064 Judges—Benton, Franklin, Clallam, Jefferson, Snohomish, Asotin, Columbia, Garfield, Cowlitz,
Klickitat, and Skamania counties. There shall be in the
counties of Benton and Franklin jointly, six judges of the
superior court; in the county of Clallam, two judges of the
superior court; in the county of Jefferson, one judge of the
superior court; in the county of Snohomish, fifteen judges of
the superior court; in the counties of Asotin, Columbia and
Garfield jointly, one judge of the superior court; in the county
of Cowlitz, four judges of the superior court; in the counties
of Klickitat and Skamania jointly, one judge of the superior
court. [2003 c 96 § 2; 1997 c 347 § 1; 1993 sp.s. c 14 § 1;
1992 c 189 § 4; 1989 c 328 § 3; 1985 c 357 § 3; 1982 c 139 §
2; 1981 c 65 § 1; 1979 ex.s. c 202 § 3; 1977 ex.s. c 311 § 3;
1974 ex.s. c 192 § 1; 1971 ex.s. c 83 § 3; 1969 ex.s. c 213 §
2; 1967 ex.s. c 84 § 3; 1963 c 35 § 1; 1961 c 67 § 2; 1955 c 19
§ 2; 1951 c 125 § 6. Prior: 1945 c 20 § 1, part; 1927 c 135 §
1, part; 1925 ex.s. c 132 § 1; 1917 c 97 §§ 1-3; 1911 c 40 § 1;
1911 c 129 §§ 1, 2, part; 1907 c 79 § 1, part; 1905 c 36 § 1,
part; 1895 c 89 § 1, part; 1891 c 68 §§ 1, 3, part; 1890 p 341
§ 1, part; Rem. Supp. 1945 § 11045-1d, part; RRS § 11045-1,
part.]
Effective dates for additional judicial positions—2003 c 96: See note
following RCW 2.08.062.
Starting dates of additional judicial positions in Snohomish
county—1997 c 347: "The additional judicial positions created for the
county of Snohomish under section 1 of this act are effective January 1,
1998, but the actual starting dates for these positions may be established by
the Snohomish county council upon request of the superior court and by the
recommendation of the Snohomish county executive." [1997 c 347 § 2.]
Additional judicial position in Cowlitz county subject to approval
and agreement—1993 sp.s. c 14: "The additional judicial position created
by section 1 of this act shall be effective only if Cowlitz county through its
duly constituted legislative authority documents its approval of the additional position and its agreement that it will pay out of county funds, without
reimbursement from the state, the expenses of the additional judicial position
as provided by statute." [1993 sp.s. c 14 § 2.]
Effective dates—Additional judicial positions subject to approval
and agreement—1992 c 189: See notes following RCW 2.08.061.
Intent—Additional judicial positions subject to approval and agreement—Effective dates for additional judicial positions—1989 c 328: See
notes following RCW 2.08.061.
Effective dates—Additional judicial positions in Pierce, Clark, and
Snohomish counties subject to approval and agreement—1989 c 328;
1985 c 357: See note following RCW 2.08.061.
2.08.180 Judge pro tempore—Appointment—
Oath—Compensation. A case in the superior court of any
county may be tried by a judge pro tempore, who must be
either: (1) A member of the bar, agreed upon in writing by
the parties litigant, or their attorneys of record, approved by
the court, and sworn to try the case; or (2) pursuant to
supreme court rule, any sitting elected judge. Any action in
the trial of such cause shall have the same effect as if it was
made by a judge of such court. However, if a previously
elected judge of the superior court retires leaving a pending
case in which the judge has made discretionary rulings, the
judge is entitled to hear the pending case as a judge pro tempore without any written agreement.
A judge pro tempore shall, before entering upon his or
her duties in any cause, take and subscribe the following oath
or affirmation:
"I do solemnly swear (or affirm, as the case may be,) that
I will support the Constitution of the United States and the
Constitution of the State of Washington, and that I will faithfully discharge the duties of the office of judge pro tempore
in the cause wherein . . . . . . is plaintiff and . . . . . . defendant,
according to the best of my ability."
A judge pro tempore who is a practicing attorney and
who is not a retired justice of the supreme court or judge of a
superior court of the state of Washington, or who is not an
active judge of a court of the state of Washington, shall
receive a compensation of one-two hundred fiftieth of the
annual salary of a superior court judge for each day engaged
in said trial, to be paid in the same manner as the salary of the
superior judge. A judge who is an active judge of a court of
the state of Washington shall receive no compensation as
judge pro tempore. A justice or judge who has retired from
the supreme court, court of appeals, or superior court of the
state of Washington shall receive compensation as judge pro
tempore in the amount of sixty percent of the amount payable
to a judge pro tempore under this section, provided that a
retired justice or judge may decline to accept compensation.
[2003 c 247 § 1; 2002 c 137 § 1; 1987 c 73 § 1; 1971 c 81 §
6; 1967 c 149 § 1; 1890 p 343 § 11; RRS § 40.]
Contingent effective date—1987 c 73: "This act shall take effect January 1, 1988, if the proposed amendment to Article IV, section 7 of the state
Constitution, allowing retiring judges to hear pending cases, is validly submitted to and is approved and ratified by the voters at a general election held
[2003 RCW Supp—page 3]
Chapter 2.48
Title 2 RCW: Courts of Record
in November, 1987. If the proposed amendment is not so approved and ratified, this act shall be null and void in its entirety." [1987 c 73 § 2.] Amendment 80 of the state Constitution, amending Article IV, section 7, was
approved by the voters November 3, 1987.
Judges pro tempore: State Constitution Art. 4 § 7.
appointments: RCW 2.56.170.
Chapter 2.48
Chapter 2.48 RCW
STATE BAR ACT
Sections
2.48.180
Definitions—Unlawful practice a crime—Cause for discipline—Unprofessional conduct—Defense—Injunction—
Remedies—Costs—Attorneys' fees—Time limit for action.
(Effective July 1, 2004.)
2.48.180
2.48.180 Definitions—Unlawful practice a crime—
Cause for discipline—Unprofessional conduct—
Defense—Injunction—Remedies—Costs—Attorneys'
fees—Time limit for action. (Effective July 1, 2004.) (1)
As used in this section:
(a) "Legal provider" means an active member in good
standing of the state bar, and any other person authorized by
the Washington state supreme court to engage in full or limited practice of law;
(b) "Nonlawyer" means a person to whom the Washington supreme court has granted a limited authorization to practice law but who practices law outside that authorization, and
a person who is not an active member in good standing of the
state bar, including persons who are disbarred or suspended
from membership;
(c) "Ownership interest" means the right to control the
affairs of a business, or the right to share in the profits of a
business, and includes a loan to the business when the interest
on the loan is based upon the income of the business or the
loan carries more than a commercially reasonable rate of
interest.
(2) The following constitutes unlawful practice of law:
(a) A nonlawyer practices law, or holds himself or herself out as entitled to practice law;
(b) A legal provider holds an investment or ownership
interest in a business primarily engaged in the practice of law,
knowing that a nonlawyer holds an investment or ownership
interest in the business;
(c) A nonlawyer knowingly holds an investment or ownership interest in a business primarily engaged in the practice
of law;
(d) A legal provider works for a business that is primarily engaged in the practice of law, knowing that a nonlawyer
holds an investment or ownership interest in the business; or
(e) A nonlawyer shares legal fees with a legal provider.
(3)(a) Unlawful practice of law is a crime. A single violation of this section is a gross misdemeanor.
(b) Each subsequent violation of this section, whether
alleged in the same or in subsequent prosecutions, is a class C
felony punishable according to chapter 9A.20 RCW.
(4) Nothing contained in this section affects the power of
the courts to grant injunctive or other equitable relief or to
punish as for contempt.
(5) Whenever a legal provider or a person licensed by the
state in a business or profession is convicted, enjoined, or
found liable for damages or a civil penalty or other equitable
relief under this section, the plaintiff's attorney shall provide
[2003 RCW Supp—page 4]
written notification of the judgment to the appropriate regulatory or disciplinary body or agency.
(6) A violation of this section is cause for discipline and
constitutes unprofessional conduct that could result in any
regulatory penalty provided by law, including refusal, revocation, or suspension of a business or professional license, or
right or admission to practice. Conduct that constitutes a violation of this section is unprofessional conduct in violation of
RCW 18.130.180.
(7) In a proceeding under this section it is a defense if
proven by the defendant by a preponderance of the evidence
that, at the time of the offense, the conduct alleged was authorized by the rules of professional conduct or the admission to
practice rules, or Washington business and professions
licensing statutes or rules.
(8) Independent of authority granted to the attorney general, the prosecuting attorney may petition the superior court
for an injunction against a person who has violated this chapter. Remedies in an injunctive action brought by a prosecuting attorney are limited to an order enjoining, restraining, or
preventing the doing of any act or practice that constitutes a
violation of this chapter and imposing a civil penalty of up to
five thousand dollars for each violation. The prevailing party
in the action may, in the discretion of the court, recover its
reasonable investigative costs and the costs of the action
including a reasonable attorney's fee. The degree of proof
required in an action brought under this subsection is a preponderance of the evidence. An action under this subsection
must be brought within three years after the violation of this
chapter occurred. [2003 c 53 § 2; 2001 c 310 § 2. Prior:
1995 c 285 § 26; 1989 c 117 § 13; 1933 c 94 § 14; RRS § 13814.]
Rules of court: RLD 1.1(h).
Intent—2003 c 53: "The legislature intends by this act to reorganize
criminal provisions throughout the Revised Code of Washington to clarify
and simplify the identification and referencing of crimes. It is not intended
that this act effectuate any substantive change to any criminal provision in
the Revised Code of Washington." [2003 c 53 § 1.]
Effective date—2003 c 53: "This act takes effect July 1, 2004." [2003
c 53 § 423.]
Purpose—2001 c 310: "The purpose of this act is to respond to State v.
Thomas, 103 Wn. App. 800, by reenacting and ranking, without changes,
legislation relating to the crime of unlawful practice of law, enacted as sections 26 and 27, chapter 285, Laws of 1995." [2001 c 310 § 1.]
Effective date—2001 c 310: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 14, 2001]." [2001 c 310 § 5.]
Effective date—1995 c 285: See RCW 48.30A.900.
Severability—Effective date—1989 c 117: See RCW 19.154.901 and
19.154.902.
Practicing law with disbarred attorney: RCW 2.48.220(9).
Chapter 2.56
Chapter 2.56 RCW
ADMINISTRATOR FOR THE COURTS
Sections
2.56.180
2.56.190
2.56.180
Family law handbook.
Legal financial obligations—Collection—Distribution of
funds.
2.56.180 Family law handbook. (1) The administrator
for the courts will create a handbook explaining the sections
District Courts—Courts of Limited Jurisdiction
Title 3
Title 3
of Washington law pertaining to the rights and responsibilities of marital partners to each other and to any children during a marriage and a dissolution of marriage. The handbook
may also be provided in videotape or other electronic form.
(2) The handbook created under subsection (1) of this
section will be provided by the county auditor when an individual applies for a marriage license under RCW 26.04.140.
(3) The information contained in the handbook created
under subsection (1) of this section will be reviewed and
updated annually. The handbook must contain the following
information:
(a) Information on prenuptial agreements as contracts
and as a means of structuring financial arrangements and
other aspects of the marital relationship;
(b) Information on shared parental responsibility for
children, including establishing a residential schedule for the
child in the event of the dissolution of the marriage;
(c) Information on notice requirements and standards for
parental relocation;
(d) Information on child support for minor children;
(e) Information on property rights, including equitable
distribution of assets and premarital and postmarital property
rights;
(f) Information on spousal maintenance;
(g) Information on domestic violence, child abuse, and
neglect, including penalties;
(h) Information on the court process for dissolution;
(i) Information on the effects of dissolution on children;
(j) Information on community resources that are available to separating or divorcing persons and their children.
[2003 c 225 § 1; 2002 c 49 § 3.]
Declaration—2002 c 49: "The legislature declares that:
(1) Strong marital relationships result in stronger families, children,
and ultimately, stronger communities and place less of a fiscal burden on the
state; and
(2) The state has a compelling interest in providing couples, applying
for a marriage license, information with regard to marriage and, if contemplated, the effects of divorce." [2002 c 49 § 1.]
2.56.190
2.56.190 Legal financial obligations—Collection—
Distribution of funds. By October 1, 2003, and annually
thereafter, the administrative office of the courts shall distribute such funds to counties for county clerk collection budgets
as are appropriated by the legislature for this purpose, using
the funding formula recommended by the Washington association of county officials. The administrative office of the
courts shall not deduct any amount for indirect or direct costs,
and shall distribute the entire amount appropriated by the legislature to the counties for county clerk collection budgets.
The administrative office of the courts shall report on the
amounts distributed to counties to the appropriate committees
of the legislature no later than December 1, 2003, and annually thereafter.
The administrative office of the courts may expend for
the purposes of billing for legal financial obligations, such
funds as are appropriated for the legislature for this purpose.
[2003 c 379 § 21.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
3.34.020
DISTRICT COURTS—COURTS OF
LIMITED JURISDICTION
Chapters
3.34
District judges.
3.38
District court districts.
3.50
Municipal courts—Alternate provision.
3.62
Income of court.
3.66
Jurisdiction and venue.
Chapter 3.34
Chapter 3.34 RCW
DISTRICT JUDGES
Sections
3.34.010
3.34.020
3.34.100
District judges—Number for each county.
District judges—Number—Changes.
District judges—Vacancies—Remuneration.
3.34.010
3.34.010 District judges—Number for each county.
The number of district judges to be elected in each county
shall be: Adams, two; Asotin, one; Benton, three; Chelan,
two; Clallam, two; Clark, six; Columbia, one; Cowlitz, two;
Douglas, one; Ferry, one; Franklin, one; Garfield, one; Grant,
two; Grays Harbor, two; Island, one; Jefferson, one; King,
twenty-one; Kitsap, three; Kittitas, two; Klickitat, two;
Lewis, two; Lincoln, one; Mason, one; Okanogan, two;
Pacific, two; Pend Oreille, one; Pierce, eleven; San Juan, one;
Skagit, two; Skamania, one; Snohomish, eight; Spokane, ten;
Stevens, one; Thurston, two; Wahkiakum, one; Walla Walla,
two; Whatcom, two; Whitman, one; Yakima, four. This
number may be increased only as provided in RCW 3.34.020.
[2003 c 97 § 1; 2002 c 138 § 1; 1998 c 64 § 1; 1995 c 168 §
1; 1994 c 111 § 1; 1991 c 354 § 1; 1989 c 227 § 6; 1987 c 202
§ 111; 1975 1st ex.s. c 153 § 1; 1973 1st ex.s. c 14 § 1; 1971
ex.s. c 147 § 1; 1970 ex.s. c 23 § 1; 1969 ex.s. c 66 § 1; 1965
ex.s. c 110 § 5; 1961 c 299 § 10.]
Effective date—2003 c 97: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 7, 2003]." [2003 c 97 § 6.]
Effective date—1995 c 168: "This is act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 1, 1995]." [1995 c 168 § 2.]
Intent—1989 c 227: See note following RCW 3.38.070.
Intent—1987 c 202: See note following RCW 2.04.190.
3.34.020
3.34.020 District judges—Number—Changes. (1)
Any change in the number of full and part-time district judges
after January 1, 1992, shall be determined by the legislature
after receiving a recommendation from the supreme court.
The supreme court shall make its recommendations to the
legislature based on an objective workload analysis that takes
into account available judicial resources and the caseload
activity of each court.
(2) The administrator for the courts, under the supervision of the supreme court, may consult with the board of judicial administration and the district and municipal court
judge's association in developing the procedures and methods
of applying the objective workload analysis.
[2003 RCW Supp—page 5]
3.34.100
Title 3 RCW: District Courts—Courts of Limited Jurisdiction
(3) For each recommended change from the number of
full and part-time district judges in any county as of January
1, 1992, the administrator for the courts, under the supervision of the supreme court, shall complete a judicial impact
note detailing any local or state cost associated with such recommended change.
(4) If the legislature approves an increase in the base
number of district judges in any county as of January 1, 1992,
such increase in the base number of district judges and all
related costs may be paid for by the county from moneys provided under RCW 82.14.310, and any such costs shall be
deemed to be expended for criminal justice purposes as provided in *RCW 82.14.315, and such expenses shall not constitute a supplanting of existing funding.
(5)(a) A county legislative authority that desires to
change the number of full or part-time district judges from
the base number on January 1, 1992, must first request the
assistance of the supreme court. The administrator for the
courts, under the supervision of the supreme court, shall conduct an objective workload analysis and make a recommendation of its findings to the legislature for consideration as
provided in this section. Changes in the number of district
court judges may only be made by the legislature in a year in
which the quadrennial election for district court judges is not
held.
(b) The legislative authority of any county may change a
part-time district judge position to a full-time position. [2003
c 97 § 2; 2002 c 83 § 1; 1997 c 41 § 3; 1991 c 313 § 2; 1987
c 202 § 112; 1984 c 258 § 8; 1982 c 29 § 1; 1973 1st ex.s. c
14 § 2; 1970 ex.s. c 23 § 2; 1969 ex.s. c 66 § 7; 1961 c 299 §
11.]
*Reviser's note: RCW 82.14.315 expired July 1, 1991.
Effective date—2003 c 97: See note following RCW 3.34.010.
Intent—1987 c 202: See note following RCW 2.04.190.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Chapter 3.38
Chapter 3.38 RCW
DISTRICT COURT DISTRICTS
Sections
3.38.020
3.38.040
Districting committee—Duties—Districting plan.
Districting plan—Amendment.
3.38.020
3.38.020 Districting committee—Duties—Districting
plan. The district court districting committee shall meet at
the call of the prosecuting attorney to prepare or amend the
plan for the districting of the county into one or more district
court districts in accordance with the provisions of chapters
3.30 through 3.74 RCW. The plan shall include the following:
(1) The boundaries of each district proposed to be established;
(2) The number of judges to be elected in each district or
electoral district, if any. In determining the number of judges
to be elected, the districting committee shall consider the
results of an objective workload analysis conducted by the
administrator for the courts;
(3) The location of the central office, courtrooms and
records of each court;
(4) The other places in the district, if any, where the court
shall sit;
(5) The number and location of district court commissioners to be authorized, if any;
(6) The departments, if any, into which each district
court shall be initially organized, including municipal departments provided for in chapter 3.46 RCW;
(7) The name of each district; and
(8) The allocation of the time and allocation of salary of
each judge who will serve part time in a municipal department. [2003 c 97 § 4; 1984 c 258 § 23; 1965 ex.s. c 110 § 1;
1961 c 299 § 26.]
3.34.100
3.34.100 District judges—Vacancies—Remuneration. If a district judge dies, resigns, is convicted of a felony,
ceases to reside in the district, fails to serve for any reason
except temporary disability, or if his or her term of office is
terminated in any other manner, the office shall be deemed
vacant. The county legislative authority shall fill all vacancies by appointment and the judge thus appointed shall hold
office until the next general election and until a successor is
elected and qualified. However, if a vacancy in the office of
district court judge occurs and the total number of district
court judges remaining in the county is equal to or greater
than the number of district court judges authorized in RCW
3.34.010 then the position shall remain vacant. District
judges shall be granted sick leave in the same manner as other
county employees. A district judge may receive when vacating office remuneration for unused accumulated leave and
sick leave at a rate equal to one day's monetary compensation
for each full day of accrued leave and one day's monetary
compensation for each four full days of accrued sick leave,
the total remuneration for leave and sick leave not to exceed
the equivalent of thirty days' monetary compensation. [2003
c 97 § 3; 1992 c 76 § 1; 1984 c 258 § 16; 1961 c 299 § 19.]
Effective date—2003 c 97: See note following RCW 3.34.010.
[2003 RCW Supp—page 6]
Effective date—2003 c 97: See note following RCW 3.34.010.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.38.040
3.38.040 Districting plan—Amendment. (1) The districting committee may meet for the purpose of amending the
districting plan at any time on call of the county legislative
authority, the chairperson of the committee or a majority of
its members. Amendments to the plan shall be submitted to
the county legislative authority not later than March 15th of
each year for adoption by the county legislative authority following the same procedure as with the original districting
plan. Amendments shall be adopted not later than May 1st
following submission by the districting committee. Any
amendment which would reduce the salary or shorten the
term of any judge shall not be effective until the next regular
election for district judge. All other amendments may be
effective on a date set by the county legislative authority.
(2) The districting committee shall meet within fortyfive days of the effective date of changes in the number of
judges to be elected in each district court district, or electoral
district, if any. Amendments to the plan concerning the number of judges to be elected in each district court district, or
Municipal Courts—Alternate Provision
electoral district, if any, shall be submitted to the county legislative authority not later than ninety days after the effective
date of changes in RCW 3.34.010, and the amendments shall
be adopted not later than one hundred eighty days after the
effective date of changes in RCW 3.34.010. [2003 c 97 § 5;
1984 c 258 § 27; 1969 ex.s. c 66 § 3; 1961 c 299 § 28.]
Effective date—2003 c 97: See note following RCW 3.34.010.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Chapter 3.50 RCW
MUNICIPAL COURTS—ALTERNATE PROVISION
Chapter 3.50
(Formerly: Municipal departments—Alternate provision)
3.62.090
(6) For certifying any document on file or of record in
the clerk's office a fee of five dollars.
(7) For preparing the record of a case for appeal to superior court a fee of forty dollars including any costs of tape
duplication as governed by the rules of appeal for courts of
limited jurisdiction (RALJ).
(8) For duplication of part or all of the electronic tape or
tapes of a proceeding ten dollars per tape.
The fees or charges imposed under this section shall be
allowed as court costs whenever a judgment for costs is
awarded. [2003 c 222 § 15; 1992 c 62 § 8; 1990 c 172 § 2;
1987 c 382 § 2; 1984 c 258 § 309; 1981 c 330 § 1; 1980 c 162
§ 9; 1969 c 25 § 1; 1965 c 55 § 1; 1961 c 299 § 110.]
Effective date—1992 c 62: See RCW 27.24.900.
Effective date—1990 c 172: See note following RCW 7.75.035.
Sections
3.50.440
Penalty if no other punishment prescribed. (Effective July 1,
2004.)
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
3.50.440
3.50.440 Penalty if no other punishment prescribed.
(Effective July 1, 2004.) Every person convicted by the
municipal court of a violation of the criminal provisions of an
ordinance for which no punishment is specifically prescribed
in the ordinance is guilty of a gross misdemeanor and shall be
punished by a fine of not more than five thousand dollars or
imprisonment in the city jail for a period not to exceed one
year, or both such fine and imprisonment. [2003 c 53 § 3;
1984 c 258 § 120; 1961 c 299 § 93.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
Chapter 3.62
Chapter 3.62 RCW
INCOME OF COURT
Sections
3.62.060
3.62.090
3.62.060
Filing fees in civil cases—Fees allowed as court costs.
Public safety and education assessment—Amount.
3.62.060 Filing fees in civil cases—Fees allowed as
court costs. Clerks of the district courts shall collect the following fees for their official services:
(1) In any civil action commenced before or transferred
to a district court, the plaintiff shall, at the time of such commencement or transfer, pay to such court a filing fee of thirtyone dollars plus any surcharge authorized by RCW 7.75.035.
No party shall be compelled to pay to the court any other fees
or charges up to and including the rendition of judgment in
the action other than those listed.
(2) For issuing a writ of garnishment or other writ, or for
filing an attorney issued writ of garnishment, a fee of six dollars.
(3) For filing a supplemental proceeding a fee of twelve
dollars.
(4) For demanding a jury in a civil case a fee of fifty dollars to be paid by the person demanding a jury.
(5) For preparing a transcript of a judgment a fee of six
dollars.
Severability—1981 c 330: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 330 § 11.]
Effective dates, savings—Severability—1980 c 162: See notes following RCW 3.02.010.
3.62.090
3.62.090 Public safety and education assessment—
Amount. (1) There shall be assessed and collected in addition to any fines, forfeitures, or penalties assessed, other than
for parking infractions, by all courts organized under Title 3
or 35 RCW a public safety and education assessment equal to
seventy percent of such fines, forfeitures, or penalties, which
shall be remitted as provided in chapters 3.46, 3.50, 3.62, and
35.20 RCW. The assessment required by this section shall
not be suspended or waived by the court.
(2) There shall be assessed and collected in addition to
any fines, forfeitures, or penalties assessed, other than for
parking infractions and for fines levied under RCW
46.61.5055, and in addition to the public safety and education
assessment required under subsection (1) of this section, by
all courts organized under Title 3 or 35 RCW, an additional
public safety and education assessment equal to fifty percent
of the public safety and education assessment required under
subsection (1) of this section, which shall be remitted to the
state treasurer and deposited as provided in RCW 43.08.250.
The additional assessment required by this subsection shall
not be suspended or waived by the court.
(3) This section does not apply to the fee imposed under
RCW 46.63.110(7) or the penalty imposed under RCW
46.63.110(8). [2003 c 380 § 1; 2001 c 289 § 1; 1997 c 331 §
4; 1995 c 332 § 7; 1994 c 275 § 34; 1986 c 98 § 4; 1984 c 258
§ 337.]
Effective date—1997 c 331: See note following RCW 70.168.135.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Effective date—1986 c 98 § 4: "Section 4 of this act is necessary for
the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take
effect May 1, 1986." [1986 c 98 § 5.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
[2003 RCW Supp—page 7]
Chapter 3.66
Title 3 RCW: District Courts—Courts of Limited Jurisdiction
Intent—1984 c 258: See note following RCW 3.46.120.
Public safety and education account: RCW 43.08.250.
Chapter 3.66
Chapter 3.66 RCW
JURISDICTION AND VENUE
Effective date—1979 c 102: "Sections 2 through 5 of this 1979 amendatory act are necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its existing public
institutions, and shall take effect May 1, 1979." [1979 c 102 § 7.]
3.66.040
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.66.040 Venue—Civil action. (1) An action arising
under RCW 3.66.020 (1), (4), (6), (7), and (9) may be brought
in any district in which the defendant, or, if there be more
than one defendant, where some one of the defendants,
resides at the time the complaint is filed or in which the
defendant, or if there be more than one defendant, where
some one of the defendants may be served with the notice and
complaint in which latter case, however, the district where
the defendant or defendants is or are served must be within
the county in which the defendant or defendants reside. If the
residence of the defendant is not ascertained by reasonable
efforts, the action may be brought in the district in which the
defendant's place of actual physical employment is located.
(2) An action arising under RCW 3.66.020(2) for the
recovery of possession of personal property and RCW
3.66.020(8) shall be brought in the district in which the subject matter of the action or some part thereof is situated.
(3) An action arising under RCW 3.66.020 (3) and (5)
shall be brought in the district in which the cause of action, or
some part thereof arose.
(4) An action arising under RCW 3.66.020(2) for the
recovery of damages for injuries to the person or for injury to
personal property may be brought, at the plaintiff's option,
either in the district in which the cause of action, or some part
thereof, arose, or in the district in which the defendant, or, if
there be more than one defendant, where some one of the
defendants, resides at the time the complaint is filed.
(5) An action against a nonresident of this state, including an action arising under the provisions of chapter 19.190
RCW, may be brought in any district where service of process may be had, or in which the cause of action or some part
thereof arose, or in which the plaintiff or one of them resides.
(6) An action upon the unlawful issuance of a check or
draft may be brought in any district in which the defendant
resides or may be brought in any district in which the check
was issued or presented as payment.
(7) For the purposes of chapters 3.30 through 3.74 RCW,
the residence of a corporation defendant shall be deemed to
be in any district where the corporation transacts business or
has an office for the transaction of business or transacted
business at the time the cause of action arose or where any
person resides upon whom process may be served upon the
corporation, unless herein otherwise provided. [2003 c 27 §
2; 2001 c 45 § 1; 1988 c 71 § 1; 1984 c 258 § 42; 1961 c 299
§ 115.]
Court Congestion Reduction Act of 1981—Purpose—Severability—1981 c 331: See notes following RCW 2.32.070.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Sections
3.66.020
3.66.040
3.66.060
Civil jurisdiction.
Venue—Civil action.
Criminal jurisdiction.
3.66.020
3.66.020 Civil jurisdiction. If the value of the claim or
the amount at issue does not exceed fifty thousand dollars,
exclusive of interest, costs, and attorneys' fees, the district
court shall have jurisdiction and cognizance of the following
civil actions and proceedings:
(1) Actions arising on contract for the recovery of
money;
(2) Actions for damages for injuries to the person, or for
taking or detaining personal property, or for injuring personal
property, or for an injury to real property when no issue
raised by the answer involves the plaintiff's title to or possession of the same and actions to recover the possession of personal property;
(3) Actions for a penalty;
(4) Actions upon a bond conditioned for the payment of
money, when the amount claimed does not exceed fifty thousand dollars, though the penalty of the bond exceeds that
sum, the judgment to be given for the sum actually due, not
exceeding the amount claimed in the complaint;
(5) Actions on an undertaking or surety bond taken by
the court;
(6) Actions for damages for fraud in the sale, purchase,
or exchange of personal property;
(7) Proceedings to take and enter judgment on confession of a defendant;
(8) Proceedings to issue writs of attachment, garnishment and replevin upon goods, chattels, moneys, and effects;
(9) All other actions and proceedings of which jurisdiction is specially conferred by statute, when the title to, or
right of possession of real property is not involved; and
(10) Actions arising under the provisions of chapter
19.190 RCW. [2003 c 27 § 1; 2000 c 49 § 1; 1997 c 246 § 1;
1991 c 33 § 1; 1984 c 258 § 41; 1981 c 331 § 7; 1979 c 102 §
3; 1965 c 95 § 1; 1961 c 299 § 113.]
Effective date—1991 c 33: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1991." [1991 c 33 § 7.]
Application, savings—1979 c 102: "Sections 2, 3, and 4 of this 1979
amendatory act upon taking effect shall apply to all actions filed on or after
December 8, 1977. Any party to an action which is pending on the effective
date of this act shall be permitted to amend any pleadings to reflect such
increase in court jurisdiction: PROVIDED, That nothing in this act shall
affect the validity of judicial acts taken prior to its effective date." [1979 c
102 § 5.]
Severability—1979 c 102: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 c 102 § 6.]
[2003 RCW Supp—page 8]
3.66.060
3.66.060 Criminal jurisdiction. The district court shall
have jurisdiction: (1) Concurrent with the superior court of
all misdemeanors and gross misdemeanors committed in
their respective counties and of all violations of city ordinances. It shall in no event impose a greater punishment than
a fine of five thousand dollars, or imprisonment for one year
in the county or city jail as the case may be, or both such fine
and imprisonment, unless otherwise expressly provided by
Civil Procedure
statute. It may suspend and revoke vehicle operators' licenses
in the cases provided by law; (2) to sit as a committing magistrate and conduct preliminary hearings in cases provided by
law; (3) concurrent with the superior court of a proceeding to
keep the peace in their respective counties; (4) concurrent
with the superior court of all violations under Title 77 RCW;
(5) to hear and determine traffic infractions under chapter
46.63 RCW; and (6) to take recognizance, approve bail, and
arraign defendants held within its jurisdiction on warrants
issued by other courts of limited jurisdiction when those
courts are participating in the program established under
RCW 2.56.160. [2003 c 39 § 1; 2000 c 111 § 3; 1984 c 258
§ 44; 1983 1st ex.s. c 46 § 176; 1982 c 150 § 1; 1961 c 299 §
117.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Title 4
Title 4
CIVIL PROCEDURE
Chapters
4.16
Limitation of actions.
4.24
Special rights of action and special immunities.
4.44
Trial.
4.56
Judgments—Generally.
4.64
Entry of judgments.
Chapter 4.16
Chapter 4.16 RCW
LIMITATION OF ACTIONS
Chapter 4.24
or manufacturer's maintenance recommendations, or commonly accepted homeowner maintenance obligations. In
order to rely upon this defense as it relates to a builder's recommended maintenance schedule, the builder shall show that
the homeowner had written notice of the schedule, the schedule was reasonable at the time it was issued, and the homeowner failed to substantially comply with the written schedule;
(d) To the extent it is caused by the homeowner or his or
her agent's or an independent third party's alterations, ordinary wear and tear, misuse, abuse, or neglect, or by the structure's use for something other than its intended purpose;
(e) As to a particular violation for which the builder has
obtained a valid release;
(f) To the extent that the builder's repair corrected the
alleged violation or defect;
(g) To the extent that a cause of action does not accrue
within the statute of repose pursuant to RCW 4.16.310 or that
an actionable cause as set forth in RCW 4.16.300 is not filed
within the applicable statute of limitations. In contract
actions the applicable contract statute of limitations expires,
regardless of discovery, six years after substantial completion
of construction, or during the period within six years after the
termination of the services enumerated in RCW 4.16.300,
whichever is later;
(h) As to any causes of action to which this section does
not apply, all applicable affirmative defenses are preserved.
(2) This section does not apply to any civil action in tort
alleging personal injury or wrongful death to a person or persons resulting from a construction defect. [2003 c 80 § 1.]
Sections
4.16.327
4.16.326
4.16.327
4.16.326
Actions or claims for construction defects—Comparative
fault.
Actions or claims for construction defects—Emergency
repairs.
4.16.326 Actions or claims for construction defects—
Comparative fault. (1) Persons engaged in any activity
defined in RCW 4.16.300 may be excused, in whole or in
part, from any obligation, damage, loss, or liability for those
defined activities under the principles of comparative fault
for the following affirmative defenses:
(a) To the extent it is caused by an unforeseen act of
nature that caused, prevented, or precluded the activities
defined in RCW 4.16.300 from meeting the applicable building codes, regulations, and ordinances in effect at the commencement of construction. For purposes of this section an
"unforeseen act of nature" means any weather condition,
earthquake, or manmade event such as war, terrorism, or vandalism;
(b) To the extent it is caused by a homeowner's unreasonable failure to minimize or prevent those damages in a
timely manner, including the failure of the homeowner to
allow reasonable and timely access for inspections and
repairs under this section. This includes the failure to give
timely notice to the builder after discovery of a violation, but
does not include damages due to the untimely or inadequate
response of a builder to the homeowner's claim;
(c) To the extent it is caused by the homeowner or his or
her agent, employee, subcontractor, independent contractor,
or consultant by virtue of their failure to follow the builder's
4.16.327 Actions or claims for construction defects—
Emergency repairs. Any person, including but not limited
to contractors, builders, tradespeople, and other providers of
construction, remodel, or repair services, who, without compensation or the expectation of compensation, renders emergency repairs to any structure at the scene of any accident,
disaster, or emergency that has caused or resulted in damage
to the structure is not liable for civil damages resulting from
any act or omission in the rendering of such emergency
repairs, other than acts or omissions constituting gross negligence or willful or wanton misconduct. Any person rendering emergency repairs during the course of regular employment and receiving compensation or expecting to receive
compensation for rendering such repairs is excluded from the
protection of this section.
For the purposes of this section, "accident, disaster, or
emergency" includes an earthquake, windstorm, hurricane,
landslide, flood, volcanic eruption, explosion, fire, or any
similar occurrence. [2003 c 11 § 1.]
Reviser's note: 2003 c 11 § 1 directed that this section be added to
chapter 4.24 RCW. Since this placement appears inappropriate, this section
has been codified as part of chapter 4.16 RCW.
Chapter 4.24
Chapter 4.24 RCW
SPECIAL RIGHTS OF ACTION AND
SPECIAL IMMUNITIES
Sections
4.24.210
Liability of owners or others in possession of land and water
areas for injuries to recreation users—Limitation.
[2003 RCW Supp—page 9]
4.24.210
4.24.300
4.24.320
4.24.550
4.24.710
Title 4 RCW: Civil Procedure
Persons rendering emergency care or transportation—Immunity from liability—Exclusion.
Action by person damaged by malicious mischief to livestock
or by owner damaged by theft of livestock—Treble damages, attorney's fees. (Effective July 1, 2004.)
Sex offenders and kidnapping offenders—Release of information to public—Web site.
Outdoor music festival, campground—Detention.
4.24.210
4.24.210 Liability of owners or others in possession of
land and water areas for injuries to recreation users—
Limitation. (1) Except as otherwise provided in subsection
(3) or (4) of this section, any public or private landowners or
others in lawful possession and control of any lands whether
designated resource, rural, or urban, or water areas or channels and lands adjacent to such areas or channels, who allow
members of the public to use them for the purposes of outdoor recreation, which term includes, but is not limited to, the
cutting, gathering, and removing of firewood by private persons for their personal use without purchasing the firewood
from the landowner, hunting, fishing, camping, picnicking,
swimming, hiking, bicycling, skateboarding or other nonmotorized wheel-based activities, hanggliding, paragliding, rock
climbing, the riding of horses or other animals, clam digging,
pleasure driving of off-road vehicles, snowmobiles, and other
vehicles, boating, nature study, winter or water sports, viewing or enjoying historical, archaeological, scenic, or scientific
sites, without charging a fee of any kind therefor, shall not be
liable for unintentional injuries to such users.
(2) Except as otherwise provided in subsection (3) or (4)
of this section, any public or private landowner or others in
lawful possession and control of any lands whether rural or
urban, or water areas or channels and lands adjacent to such
areas or channels, who offer or allow such land to be used for
purposes of a fish or wildlife cooperative project, or allow
access to such land for cleanup of litter or other solid waste,
shall not be liable for unintentional injuries to any volunteer
group or to any other users.
(3) Any public or private landowner, or others in lawful
possession and control of the land, may charge an administrative fee of up to twenty-five dollars for the cutting, gathering,
and removing of firewood from the land.
(4) Nothing in this section shall prevent the liability of a
landowner or others in lawful possession and control for injuries sustained to users by reason of a known dangerous artificial latent condition for which warning signs have not been
conspicuously posted. A fixed anchor used in rock climbing
and put in place by someone other than a landowner is not a
known dangerous artificial latent condition and a landowner
under subsection (1) of this section shall not be liable for
unintentional injuries resulting from the condition or use of
such an anchor. Nothing in RCW 4.24.200 and 4.24.210 limits or expands in any way the doctrine of attractive nuisance.
Usage by members of the public, volunteer groups, or other
users is permissive and does not support any claim of adverse
possession.
(5) For purposes of this section, a license or permit
issued for statewide use under authority of chapter 79A.05
RCW or Title 77 RCW is not a fee. [2003 c 39 § 2; 2003 c 16
§ 2; 1997 c 26 § 1; 1992 c 52 § 1. Prior: 1991 c 69 § 1; 1991
c 50 § 1; 1980 c 111 § 1; 1979 c 53 § 1; 1972 ex.s. c 153 § 17;
1969 ex.s. c 24 § 2; 1967 c 216 § 2.]
[2003 RCW Supp—page 10]
Reviser's note: This section was amended by 2003 c 16 § 2 and by
2003 c 39 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Finding—2003 c 16: "The legislature finds that some property owners
in Washington are concerned about the possibility of liability arising when
individuals are permitted to engage in potentially dangerous outdoor recreational activities, such as rock climbing. Although RCW 4.24.210 provides
property owners with immunity from legal claims for any unintentional injuries suffered by certain individuals recreating on their land, the legislature
finds that it is important to the promotion of rock climbing opportunities to
specifically include rock climbing as one of the recreational activities that
are included in RCW 4.24.210. By including rock climbing in RCW
4.24.210, the legislature intends merely to provide assurance to the owners
of property suitable for this type of recreation, and does not intend to limit
the application of RCW 4.24.210 to other types of recreation. By providing
that a landowner shall not be liable for any unintentional injuries resulting
from the condition or use of a fixed anchor used in rock climbing, the legislature recognizes that such fixed anchors are recreational equipment used by
climbers for which a landowner has no duty of care." [2003 c 16 § 1.].
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
Off-road and nonhighway vehicles: Chapter 46.09 RCW.
Snowmobiles: Chapter 46.10 RCW.
4.24.300
4.24.300 Persons rendering emergency care or transportation—Immunity from liability—Exclusion. (1) Any
person, including but not limited to a volunteer provider of
emergency or medical services, who without compensation
or the expectation of compensation renders emergency care
at the scene of an emergency or who participates in transporting, not for compensation, therefrom an injured person or
persons for emergency medical treatment shall not be liable
for civil damages resulting from any act or omission in the
rendering of such emergency care or in transporting such persons, other than acts or omissions constituting gross negligence or willful or wanton misconduct. Any person rendering emergency care during the course of regular employment
and receiving compensation or expecting to receive compensation for rendering such care is excluded from the protection
of this subsection.
(2) Any physician licensed under chapter 18.57 or 18.71
RCW in the state of Washington who, without compensation
or the expectation of compensation, provides health care services at a community clinic that is a public or private tax
exempt corporation is not liable for civil damages resulting
from any act or omission in the rendering of such care, other
than acts or omissions constituting gross negligence or willful or wanton misconduct. [2003 c 256 § 1; 1985 c 443 § 19;
1975 c 58 § 1.]
Severability—Effective date—1985 c 443: See notes following RCW
7.69.010.
Citizen's immunity if aiding police officer: RCW 9.01.055.
Infectious disease testing availability: RCW 70.05.180.
4.24.320
4.24.320 Action by person damaged by malicious
mischief to livestock or by owner damaged by theft of
livestock—Treble damages, attorney's fees. (Effective
July 1, 2004.) Any person who suffers damages as a result of
actions described in *RCW 9A.48.080(c) or any owner of a
horse, mule, cow, heifer, bull, steer, swine, or sheep who suffers damages as a result of a willful, unauthorized act
described in RCW 9A.56.080 or 9A.56.083 may bring an
action against the person or persons committing the act in a
court of competent jurisdiction for exemplary damages up to
Special Rights of Action and Special Immunities
three times the actual damages sustained, plus attorney's fees.
[2003 c 53 § 4; 1979 c 145 § 1; 1977 ex.s. c 174 § 3.]
*Reviser's note: RCW 9A.48.080 was amended by 1994 c 261 § 17
deleting subsection (c).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
4.24.550
4.24.550 Sex offenders and kidnapping offenders—
Release of information to public—Web site. (1) In addition to the disclosure under subsection (5) of this section,
public agencies are authorized to release information to the
public regarding sex offenders and kidnapping offenders
when the agency determines that disclosure of the information is relevant and necessary to protect the public and counteract the danger created by the particular offender. This
authorization applies to information regarding: (a) Any person adjudicated or convicted of a sex offense as defined in
RCW 9A.44.130 or a kidnapping offense as defined by RCW
9A.44.130; (b) any person under the jurisdiction of the indeterminate sentence review board as the result of a sex offense
or kidnapping offense; (c) any person committed as a sexually violent predator under chapter 71.09 RCW or as a sexual
psychopath under chapter 71.06 RCW; (d) any person found
not guilty of a sex offense or kidnapping offense by reason of
insanity under chapter 10.77 RCW; and (e) any person found
incompetent to stand trial for a sex offense or kidnapping
offense and subsequently committed under chapter 71.05 or
71.34 RCW.
(2) Except for the information specifically required
under subsection (5) of this section, the extent of the public
disclosure of relevant and necessary information shall be
rationally related to: (a) The level of risk posed by the
offender to the community; (b) the locations where the
offender resides, expects to reside, or is regularly found; and
(c) the needs of the affected community members for information to enhance their individual and collective safety.
(3) Except for the information specifically required
under subsection (5) of this section, local law enforcement
agencies shall consider the following guidelines in determining the extent of a public disclosure made under this section:
(a) For offenders classified as risk level I, the agency shall
share information with other appropriate law enforcement
agencies and may disclose, upon request, relevant, necessary,
and accurate information to any victim or witness to the
offense and to any individual community member who lives
near the residence where the offender resides, expects to
reside, or is regularly found; (b) for offenders classified as
risk level II, the agency may also disclose relevant, necessary, and accurate information to public and private schools,
child day care centers, family day care providers, businesses
and organizations that serve primarily children, women, or
vulnerable adults, and neighbors and community groups near
the residence where the offender resides, expects to reside, or
is regularly found; (c) for offenders classified as risk level III,
the agency may also disclose relevant, necessary, and accurate information to the public at large; and (d) because more
localized notification is not feasible and homeless and transient offenders may present unique risks to the community,
the agency may also disclose relevant, necessary, and accurate information to the public at large for offenders registered
as homeless or transient.
4.24.550
(4) The county sheriff with whom an offender classified
as risk level III is registered shall cause to be published by
legal notice, advertising, or news release a sex offender community notification that conforms to the guidelines established under RCW 4.24.5501 in at least one legal newspaper
with general circulation in the area of the sex offender's registered address or location. The county sheriff shall also
cause to be published consistent with this subsection a current list of level III registered sex offenders, twice yearly.
Unless the information is posted on the web site described in
subsection (5) of this section, this list shall be maintained by
the county sheriff on a publicly accessible web site and shall
be updated at least once per month.
(5)(a) When funded by federal grants or other sources,
the Washington association of sheriffs and police chiefs shall
create and maintain a statewide registered sex offender web
site, which shall be available to the public. The web site shall
post all level III and level II registered sex offenders in the
state of Washington.
(i) For level III offenders, the web site shall contain, but
is not limited to, the registered sex offender's name, relevant
criminal convictions, address by hundred block, physical
description, and photograph. The web site shall provide
mapping capabilities that display the sex offender's address
by hundred block on a map. The web site shall allow citizens
to search for registered sex offenders within the state of
Washington by county, city, zip code, last name, type of conviction, and address by hundred block.
(ii) For level II offenders, the web site shall contain, but
is not limited to, the same information and functionality as
described in (a)(i) of this subsection, provided that it is permissible under state and federal law. If it is not permissible,
the web site shall be limited to the information and functionality that is permissible under state and federal law.
(b) Until the implementation of (a) of this subsection, the
Washington association of sheriffs and police chiefs shall
create a web site available to the public that provides electronic links to county-operated web sites that offer sex
offender registration information.
(6) Local law enforcement agencies that disseminate
information pursuant to this section shall: (a) Review available risk level classifications made by the department of corrections, the department of social and health services, and the
indeterminate sentence review board; (b) assign risk level
classifications to all offenders about whom information will
be disseminated; and (c) make a good faith effort to notify the
public and residents at least fourteen days before the offender
is released from confinement or, where an offender moves
from another jurisdiction, as soon as possible after the agency
learns of the offender's move, except that in no case may this
notification provision be construed to require an extension of
an offender's release date. The juvenile court shall provide
local law enforcement officials with all relevant information
on offenders allowed to remain in the community in a timely
manner.
(7) An appointed or elected public official, public
employee, or public agency as defined in RCW 4.24.470, or
units of local government and its employees, as provided in
RCW 36.28A.010, are immune from civil liability for damages for any discretionary risk level classification decisions
or release of relevant and necessary information, unless it is
[2003 RCW Supp—page 11]
4.24.710
Title 4 RCW: Civil Procedure
shown that the official, employee, or agency acted with gross
negligence or in bad faith. The immunity in this section
applies to risk level classification decisions and the release of
relevant and necessary information regarding any individual
for whom disclosure is authorized. The decision of a local
law enforcement agency or official to classify an offender to
a risk level other than the one assigned by the department of
corrections, the department of social and health services, or
the indeterminate sentence review board, or the release of any
relevant and necessary information based on that different
classification shall not, by itself, be considered gross negligence or bad faith. The immunity provided under this section
applies to the release of relevant and necessary information to
other public officials, public employees, or public agencies,
and to the general public.
(8) Except as may otherwise be provided by law, nothing
in this section shall impose any liability upon a public official, public employee, or public agency for failing to release
information authorized under this section.
(9) Nothing in this section implies that information
regarding persons designated in subsection (1) of this section
is confidential except as may otherwise be provided by law.
(10) When a local law enforcement agency or official
classifies an offender differently than the offender is classified by the end of sentence review committee or the department of social and health services at the time of the offender's
release from confinement, the law enforcement agency or
official shall notify the end of sentence review committee or
the department of social and health services and submit its
reasons supporting the change in classification. Upon implementation of subsection (5)(a) of this section, notification of
the change shall also be sent to the Washington association of
sheriffs and police chiefs. [2003 c 217 § 1; 2002 c 118 § 1.
Prior: 2001 c 283 § 2; 2001 c 169 § 2; 1998 c 220 § 6; prior:
1997 c 364 § 1; 1997 c 113 § 2; 1996 c 215 § 1; 1994 c 129 §
2; 1990 c 3 § 117.]
Conflict with federal requirements—2002 c 118: "If any provision of
this act or its application to any person or circumstance is held invalid due to
a conflict with federal law, the conflicting part of this act is inoperative
solely to the extent of the conflict, and such holding does not affect the operation of the remainder of this act or the application of the provision to other
persons or circumstances." [2002 c 118 § 3.]
Severability—1998 c 220: See note following RCW 9A.44.130.
Severability—1997 c 364: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 364 § 9.]
Findings—1997 c 113: "The legislature finds that offenders who commit kidnapping offenses against minor children pose a substantial threat to
the well-being of our communities. Child victims are especially vulnerable
and unable to protect themselves. The legislature further finds that requiring
sex offenders to register has assisted law enforcement agencies in protecting
their communities. Similar registration requirements for offenders who have
kidnapped or unlawfully imprisoned a child would also assist law enforcement agencies in protecting the children in their communities from further
victimization." [1997 c 113 § 1.]
Findings—Intent—1994 c 129: "The legislature finds that members of
the public may be alarmed when law enforcement officers notify them that a
sex offender who is about to be released from custody will live in or near
their neighborhood. The legislature also finds that if the public is provided
adequate notice and information, the community can develop constructive
plans to prepare themselves and their children for the offender's release. A
sufficient time period allows communities to meet with law enforcement to
discuss and prepare for the release, to establish block watches, to obtain
information about the rights and responsibilities of the community and the
[2003 RCW Supp—page 12]
offender, and to provide education and counseling to their children. Therefore, the legislature intends that when law enforcement officials decide to
notify the public about a sex offender's pending release that notice be given
at least fourteen days before the offender's release whenever possible."
[1994 c 129 § 1.]
Finding—Policy—1990 c 3 § 117: "The legislature finds that sex
offenders pose a high risk of engaging in sex offenses even after being
released from incarceration or commitment and that protection of the public
from sex offenders is a paramount governmental interest. The legislature
further finds that the penal and mental health components of our justice system are largely hidden from public view and that lack of information from
either may result in failure of both systems to meet this paramount concern
of public safety. Overly restrictive confidentiality and liability laws governing the release of information about sexual predators have reduced willingness to release information that could be appropriately released under the
public disclosure laws, and have increased risks to public safety. Persons
found to have committed a sex offense have a reduced expectation of privacy
because of the public's interest in public safety and in the effective operation
of government. Release of information about sexual predators to public
agencies and under limited circumstances, the general public, will further the
governmental interests of public safety and public scrutiny of the criminal
and mental health systems so long as the information released is rationally
related to the furtherance of those goals.
Therefore, this state's policy as expressed in RCW 4.24.550 is to
require the exchange of relevant information about sexual predators among
public agencies and officials and to authorize the release of necessary and
relevant information about sexual predators to members of the general public." [1990 c 3 § 116.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Release of information regarding
convicted sex offenders: RCW 9.94A.846.
juveniles found to have committed sex offenses: RCW 13.40.217.
persons in custody of department of social and health services: RCW
10.77.207, 71.05.427, 71.06.135, 71.09.120.
4.24.710
4.24.710 Outdoor music festival, campground—
Detention. (1) In a civil action brought against the detainer
by reason of a person having been detained on or in the
immediate vicinity of the premises of an outdoor music festival or related campground for the purpose of investigation or
questioning as to the lawfulness of the consumption or possession of alcohol or illegal drugs, it is a defense that the
detained person was detained in a reasonable manner and for
not more than a reasonable time to permit the investigation or
questioning by a law enforcement officer, and that a peace
officer, owner, operator, employee, or agent of the outdoor
music festival had reasonable grounds to believe that the person so detained was unlawfully consuming or attempting to
unlawfully consume or possess, alcohol or illegal drugs on
the premises.
(2) For the purposes of this section:
(a) "Illegal drug" means a controlled substance under
chapter 69.50 RCW for which the person detained does not
have a valid prescription or that is not being consumed in
accordance with the prescription directions and warnings, or
a legend drug under chapter 69.41 RCW for which the person
does not have a valid prescription or that is not being consumed in accordance with the prescription directions and
warnings.
(b) "Outdoor music festival" has the same meaning as in
RCW 70.108.020, except that no minimum time limit is
required.
(c) "Reasonable grounds" include, but are not limited to:
(i) Exhibiting the effects of having consumed liquor,
which means that a person has the odor of liquor on his or her
breath, or that by speech, manner, appearance, behavior, lack
Trial
of coordination, or otherwise exhibits that he or she has consumed liquor, and either:
(A) Is in possession of or in close proximity to a container that has or recently had liquor in it; or
(B) Is shown by other evidence to have recently consumed liquor; or
(ii) Exhibiting the effects of having consumed an illegal
drug, which means that a person by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits
that he or she has consumed an illegal drug, and either:
(A) Is in possession of an illegal drug; or
(B) Is shown by other evidence to have recently consumed an illegal drug.
(d) "Reasonable time" means the time necessary to permit the person detained to make a statement or to refuse to
make a statement, and the time necessary to allow a law
enforcement officer to determine the lawfulness of the consumption or possession of alcohol or illegal drugs. "Reasonable time" may not exceed one hour. [2003 c 219 § 2.]
Chapter 4.44
Chapter 4.44 RCW
TRIAL
Sections
4.44.020
4.44.025
4.44.070
4.44.120
4.44.140
4.44.150
4.44.180
4.44.190
4.44.210
4.44.220
4.44.230
4.44.240
4.44.250
4.44.260
4.44.280
4.44.290
4.44.300
4.44.310
4.44.360
4.44.370
4.44.380
4.44.390
4.44.400
4.44.420
4.44.440
4.44.450
4.44.460
4.44.480
4.44.020
4.44.120
and the clerk shall thereupon enter the cause upon the trial
docket according to the date of the issue.
In case an issue of law raised upon the pleadings is
desired to be brought on for argument, either party shall, at
least five days before the day set apart by the court under its
rules for hearing issues of law, serve upon the opposite party
a like notice of trial and furnish the clerk of the court with a
note of issue as above provided, which note of issue shall
specify that the issue to be tried is an issue of law; and the
clerk of the court shall thereupon enter such action upon the
motion docket of the court.
When a cause has once been placed upon either docket of
the court, if not tried or argued at the time for which notice
was given, it need not be noticed for a subsequent session or
day, but shall remain upon the docket from session to session
or from law day to law day until final disposition or stricken
off by the court. The party upon whom notice of trial is
served may file the note of issue and cause the action to be
placed upon the calendar without further notice. [2003 c 406
§ 1; 1893 c 127 § 35; RRS § 319.]
Rules of court: Cf. CR 40(a).
4.44.025
Notice of trial—Note of issue.
Priority permitted for aged or ill parties in civil cases.
Findings and conclusions, how made.
Impanelling jury—Voir dire, challenge for cause—Number.
Peremptory challenges defined.
Challenges for cause defined.
Implied bias defined.
Challenge for actual bias.
Peremptory challenges, how taken.
Order of taking challenges.
Exceptions to challenges—Determination.
Challenge determination.
Challenge, exception, denial may be oral.
Oath of jurors.
Admonitions to jurors.
Replacement juror procedure.
Care of jury while deliberating.
Expense of keeping jury.
Proceedings when jury have agreed.
Manner of giving verdict.
Number of jurors required to render verdict.
Jury may be polled.
Repealed.
Verdict in action for specific personal property.
Inconsistency between special findings of fact and general verdict.
Jury to assess amount of recovery.
Receiving verdict and discharging jury.
Deposits in court—Order.
4.44.020 Notice of trial—Note of issue. At any time
after the issues of fact are completed in any case by the service of complaint and answer or reply when necessary, as
herein provided, either party may cause the issues of fact to
be brought on for trial, by serving upon the opposite party a
notice of trial at least three days before any day provided by
rules of court for setting causes for trial, which notice shall
give the title of the cause as in the pleadings, and notify the
opposite party that the issues in such action will be brought
on for trial at the time set by the court; and the party giving
such notice of trial shall, at least five days before the day of
setting such causes for trial file with the clerk of the court a
note of issue containing the title of the action, the names of
the attorneys and the date when the last pleading was served;
4.44.025 Priority permitted for aged or ill parties in
civil cases. When setting civil cases for trial, unless otherwise provided by statute, upon motion of a party, the court
may give priority to cases in which a party is frail and over
seventy years of age, a party is afflicted with a terminal illness, or other good cause is shown for an expedited trial date.
[2003 c 406 § 2; 1991 c 197 § 1.]
4.44.070
4.44.070 Findings and conclusions, how made. In any
case tried upon the facts without a jury or with an advisory
jury, any party may, when the evidence is closed, submit distinct and concise proposed findings of fact and conclusions of
law. They may be written and handed to the court, or at the
option of the court, oral, and entered in the record. [2003 c
406 § 3; Code 1881 § 222; 1877 p 47 § 226; 1869 p 56 § 226;
RRS § 341.]
Rules of court: Cf. CR 52(a).
4.44.120
4.44.120 Impanelling jury—Voir dire, challenge for
cause—Number. When the action is called for trial, a panel
of potential jurors shall be selected at random from the citizens summoned for jury service who have appeared and have
not been excused. A voir dire examination of the panel shall
be conducted for the purpose of discovering any basis for
challenge for cause and to permit the intelligent exercise of
peremptory challenges. Any necessary additions to the panel
shall be selected at random from the list of qualified jurors.
The jury shall consist of six persons, unless the parties in their
written demand for jury demand that the jury be twelve in
number or consent to a less number. The parties may consent
to a jury less than six in number but not less than three, and
such consent shall be entered in the record. [2003 c 406 § 4;
1996 c 40 § 1; 1972 ex.s. c 57 § 3; Code 1881 § 206; 1877 p
43 § 210; 1869 p 51 § 210; 1854 p 164 § 185; RRS § 323.]
Rules of court: Cf. CR 48.
Juries, district courts: Chapter 12.12 RCW.
[2003 RCW Supp—page 13]
4.44.140
Title 4 RCW: Civil Procedure
4.44.140
4.44.140 Peremptory challenges defined. A peremptory challenge is an objection to a juror for which no reason
need be given, but upon which the court shall exclude the
juror. [2003 c 406 § 5; Code 1881 § 208; 1877 p 43 § 212;
1869 p 51 § 212; RRS § 325.]
either party in the said order of alternation shall not prevent
the adverse party from using the full number of challenges.
[2003 c 406 § 9; Code 1881 § 215; 1877 p 45 § 219; 1869 p
53 § 219; RRS § 333.]
4.44.220
4.44.150
4.44.150 Challenges for cause defined. A challenge
for cause is an objection to a juror, and may be either:
(1) General; that the juror is disqualified from serving in
any action; or
(2) Particular; that the juror is disqualified from serving
in the action on trial. [2003 c 406 § 6; Code 1881 § 209; 1877
p 43 § 213; 1869 p 51 § 213; RRS § 326.]
4.44.220 Order of taking challenges. The challenges
of either party shall be taken separately in the following
order, including in each challenge all the causes of challenge
belonging to the same class:
(1) Challenges for cause.
(2) Peremptory challenges. [2003 c 406 § 10; Code 1881
§ 216; 1877 p 45 § 220; 1869 p 53 § 220; RRS § 334.]
4.44.230
4.44.180
4.44.180 Implied bias defined. A challenge for
implied bias may be taken for any or all of the following
causes, and not otherwise:
(1) Consanguinity or affinity within the fourth degree to
either party.
(2) Standing in the relation of guardian and ward, attorney and client, master and servant or landlord and tenant, to a
party; or being a member of the family of, or a partner in business with, or in the employment for wages, of a party, or
being surety or bail in the action called for trial, or otherwise,
for a party.
(3) Having served as a juror on a previous trial in the
same action, or in another action between the same parties for
the same cause of action, or in a criminal action by the state
against either party, upon substantially the same facts or
transaction.
(4) Interest on the part of the juror in the event of the
action, or the principal question involved therein, excepting
always, the interest of the juror as a member or citizen of the
county or municipal corporation. [2003 c 406 § 7; Code 1881
§ 212; 1877 p 44 § 216; 1869 p 52 § 216; 1854 p 165 § 187;
RRS § 330.]
4.44.190
4.44.190 Challenge for actual bias. A challenge for
actual bias may be taken for the cause mentioned in RCW
4.44.170(2). But on the trial of such challenge, although it
should appear that the juror challenged has formed or
expressed an opinion upon what he or she may have heard or
read, such opinion shall not of itself be sufficient to sustain
the challenge, but the court must be satisfied, from all the circumstances, that the juror cannot disregard such opinion and
try the issue impartially. [2003 c 406 § 8; Code 1881 § 213;
1877 p 44 § 217; 1869 p 53 § 217; RRS § 331.]
4.44.230 Exceptions to challenges—Determination.
The challenge may be excepted to by the adverse party for
insufficiency, and if so, the court shall determine the sufficiency thereof, assuming the facts alleged therein to be true.
The challenge may be denied by the adverse party, and if so,
the court shall determine the facts and decide the issue. [2003
c 406 § 11; Code 1881 § 217; 1877 p 45 § 221; 1869 p 53 §
221; RRS § 335.]
4.44.240
4.44.240 Challenge determination. When facts are
determined under RCW 4.44.230, the rules of evidence applicable to testimony offered upon the trial of an ordinary issue
of fact shall govern. The juror challenged, or any other person otherwise competent may be examined as a witness by
either party. If the challenge is sustained, the juror shall be
dismissed from the case; otherwise, the juror shall be
retained. [2003 c 406 § 12; Code 1881 § 218; 1877 p 45 §
222; 1869 p 54 § 222; RRS § 336.]
4.44.250
4.44.250 Challenge, exception, denial may be oral.
The challenge, the exception, and the denial may be made
orally. The judge shall enter the same upon the record, along
with the substance of the testimony on either side. [2003 c
406 § 13; Code 1881 § 219; 1877 p 45 § 223; 1869 p 54 §
223; RRS § 337.]
4.44.260
4.44.260 Oath of jurors. When the jury has been
selected, an oath or affirmation shall be administered to the
jurors, in substance that they and each of them, will well, and
truly try, the matter in issue between the plaintiff and defendant, and a true verdict give, according to the law and evidence as given them on the trial. [2003 c 406 § 14; Code
1881 § 220; 1877 p 46 § 224; 1869 p 54 § 224; RRS § 338.]
Oaths and mode of administering: State Constitution Art. 1 § 6.
4.44.210
4.44.210 Peremptory challenges, how taken. The
jurors having been examined as to their qualifications, first
by the plaintiff and then by the defendant, and passed for
cause, the peremptory challenges shall be conducted as follows, to wit:
The plaintiff may challenge one, and then the defendant
may challenge one, and so alternately until the peremptory
challenges shall be exhausted. During this alternating process, if one of the parties declines to exercise a peremptory
challenge, then that party may no longer peremptorily challenge any of the jurors in the group for which challenges are
then being considered and may only peremptorily challenge
any jurors later added to that group. A refusal to challenge by
[2003 RCW Supp—page 14]
4.44.280
4.44.280 Admonitions to jurors. The court may
admonish the jurors that they must not discuss among themselves any subject connected with the trial until they begin
their deliberations. The court may also admonish the jurors
that they must not discuss with nonjurors any subject connected with the trial until the jurors have been dismissed from
the case. [2003 c 406 § 15; 1957 c 7 § 5; Code 1881 § 226;
1877 p 47 § 230; 1869 p 56 § 230; RRS § 345.]
Care of jury while deliberating: RCW 4.44.300.
4.44.290
4.44.290 Replacement juror procedure. If after the
formation of the jury, and before verdict, a juror becomes
Trial
unable to perform his or her duty, the court may discharge the
juror. In that case, unless the parties agree to proceed with
the other jurors: (1) An alternate juror may replace the discharged juror and the jury instructed to start their deliberations anew; (2) a new juror may be sworn and the trial begin
anew; or (3) the jury may be discharged and a new jury then
or afterwards formed. [2003 c 406 § 16; Code 1881 § 227;
1877 p 48 § 231; 1869 p 56 § 231; RRS § 347.]
4.44.300
4.44.300 Care of jury while deliberating. During
deliberations, the jury may be allowed to separate unless
good cause is shown, on the record, for sequestration of the
jury. Unless the members of a deliberating jury are allowed
to separate, they must be kept together in a room provided for
them, or some other convenient place under the charge of one
or more officers, until they agree upon their verdict, or are
discharged by the court. The officer shall, to the best of his
or her ability, keep the jury separate from other persons. The
officer shall not allow any communication to be made to
them, nor make any himself or herself, unless by order of the
court, except to ask them if they have agreed upon their verdict, and the officer shall not, before the verdict is rendered,
communicate to any person the state of their deliberations or
the verdict agreed on. [2003 c 406 § 17; Code 1881 § 229;
1877 p 48 § 233; 1869 p 57 § 233; 1854 p 166 § 194; RRS §
349.]
Rules of court: Cf. CR 47(i), 51(h).
Admonitions to jury, separation: RCW 4.44.280.
4.44.460
[2003 c 406 § 21; 1972 ex.s. c 57 § 4; 1895 c 36 § 1; RRS §
358.]
Trial by jury: State Constitution Art. 1 § 21.
4.44.390
4.44.390 Jury may be polled. After the verdict is
announced, but before it is filed, the jury may be polled at the
request of either party. Each juror may be asked whether the
verdict is his or her individual verdict and whether the verdict
is the jury's collective verdict. If it appears that the verdict is
insufficient because the required number of jurors have not
reached agreement, the jurors may be returned to the jury
room for further deliberation. [2003 c 406 § 22; 1972 ex.s. c
57 § 6; 1895 c 36 § 2; RRS § 359.]
4.44.400
4.44.400 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
4.44.420
4.44.420 Verdict in action for specific personal property. In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff, or
the defendant by his or her answer claims a return thereof, the
jury shall assess the value of the property if their verdict be in
favor of the plaintiff, or if they find in favor of the defendant
and that the defendant is entitled to a return thereof, they may
at the same time assess the damages, if any are claimed in the
complaint or answer, which the prevailing party has sustained
by reason of the detention or taking and withholding such
property. [2003 c 406 § 23; Code 1881 § 241; 1877 p 50 §
245; 1869 p 59 § 245; 1854 p 167 § 199; RRS § 363.]
4.44.310
4.44.310 Expense of keeping jury. If, while the jury
are kept together, either during the progress of the trial or
after their retirement for deliberation, the court orders them to
be provided with suitable and sufficient food and lodging,
they shall be so provided at the expense of the county. [2003
c 406 § 18; Code 1881 § 230; 1877 p 48 § 234; 1869 p 57 §
234; RRS § 350.]
4.44.440
4.44.440 Inconsistency between special findings of
fact and general verdict. When special findings of fact are
inconsistent with the general verdict, the judge may enter
judgment consistent with the findings of fact, may return the
jurors to the jury room for further deliberations, or may order
a new trial. [2003 c 406 § 24; Code 1881 § 243; 1877 p 50 §
247; 1869 p 60 § 247; 1854 p 167 § 201; RRS § 365.]
4.44.360
4.44.360 Proceedings when jury have agreed. When
the jury have agreed upon their verdict they shall be conducted into court by the officer having them in charge. [2003
c 406 § 19; Code 1881 § 236; 1877 p 49 § 240; 1869 p 58 §
240; RRS § 356.]
4.44.370
4.44.370 Manner of giving verdict. The jurors shall be
asked by the court or the clerk whether they have agreed upon
their verdict, and if the presiding juror answers in the affirmative, the presiding juror shall submit the verdict to the court.
[2003 c 406 § 20; Code 1881 § 237; 1877 p 49 § 241; 1869 p
58 § 241; RRS § 357.]
4.44.380
4.44.380 Number of jurors required to render verdict. In all trials by juries of six in the superior court, except
criminal trials, when five of the jurors agree upon a verdict,
the verdict so agreed upon shall be signed by the presiding
juror, and the verdict shall stand as the verdict of the whole
jury, and have all the force and effect of a verdict agreed to by
six jurors. In cases where the jury is twelve in number, a verdict reached by ten shall have the same force and effect as
described above, and the same procedures shall be followed.
Rules of court: Cf. CR 49(b).
4.44.450
4.44.450 Jury to assess amount of recovery. When a
verdict is found for the plaintiff in an action for the recovery
of money, or for the defendant when a setoff for the recovery
of money is established beyond the amount of the plaintiff's
claim as established, the jury shall also assess the amount of
the recovery; they may also, under the direction of the court,
assess the amount of the recovery when the court gives judgment for a party on the pleadings. [2003 c 406 § 25; 1891 c
60 § 3; Code 1881 § 244; 1877 p 50 § 248; 1869 p 60 § 248;
1854 p 167 § 202; RRS § 366.]
4.44.460
4.44.460 Receiving verdict and discharging jury. If
the court determines that the verdict meets the requirements
contained in this chapter and in court rules, the clerk shall file
the verdict. The verdict is then complete and the jury shall be
discharged from the case. The verdict shall be in writing, and
under the direction of the court shall be substantially entered
in the record as of the day's proceedings on which it was
given. [2003 c 406 § 26; Code 1881 § 239; 1877 p 49 § 243;
1869 p 59 § 243; RRS § 361.]
[2003 RCW Supp—page 15]
4.44.480
Title 4 RCW: Civil Procedure
4.44.480
4.44.480 Deposits in court—Order. When it is admitted by the pleading or examination of a party, that the party
possesses or has control of any money, or other thing capable
of delivery, which being the subject of the litigation, is held
by him or her as trustee for another party, or which belongs or
is due to another party, the court may order the same to be
deposited in court, or delivered to such party, with or without
security, subject to the further direction of the court. [2003 c
406 § 27; Code 1881 § 195; 1877 p 41 § 199; 1869 p 49 §
203; 1854 p 163 § 174; RRS § 745.]
Rules of court: Cf. CR 67.
Chapter 4.56
Chapter 4.56 RCW
JUDGMENTS—GENERALLY
Sections
4.56.100
Satisfaction of judgments for payment of money.
4.56.100
4.56.100 Satisfaction of judgments for payment of
money. (1) When any judgment for the payment of money
only shall have been paid or satisfied, the clerk of the court in
which such judgment was rendered shall note upon the record
in the execution docket satisfaction thereof giving the date of
such satisfaction upon either the payment to such clerk of the
amount of such judgment, costs and interest and any accrued
costs by reason of the issuance of any execution, or the filing
with such clerk of a satisfaction entitled in such action and
identifying the same executed by the judgment creditor or his
or her attorney of record in such action or his or her assignee
acknowledged as deeds are acknowledged. The clerk has the
authority to note the satisfaction of judgments for criminal
and juvenile legal financial obligations when the clerk's
record indicates payment in full or as directed by the court.
Every satisfaction of judgment and every partial satisfaction
of judgment which provides for the payment of money shall
clearly designate the judgment creditor and his or her attorney if any, the judgment debtor, the amount or type of satisfaction, whether the satisfaction is full or partial, the cause
number, and the date of entry of the judgment. A certificate
by such clerk of the entry of such satisfaction by him or her
may be filed in the office of the clerk of any county in which
an abstract of such judgment has been filed. When so satisfied by the clerk or the filing of such certificate the lien of
such judgment shall be discharged.
(2) The department of social and health services shall file
a satisfaction of judgment for welfare fraud conviction if a
person does not pay money through the clerk as required
under subsection (1) of this section. [2003 c 379 § 23; 1997
c 358 § 4; 1994 c 185 § 1; 1983 c 28 § 1; 1929 c 60 § 6; RRS
§ 454. Prior: 1893 c 42 § 7.]
4.64.030
4.64.030 Entry of judgment—Form of judgment
summary. (1) The clerk shall enter all judgments in the execution docket, subject to the direction of the court and shall
specify clearly the amount to be recovered, the relief granted,
or other determination of the action.
(2)(a) On the first page of each judgment which provides
for the payment of money, including foreign judgments,
judgments in rem, mandates of judgments, and judgments on
garnishments, the following shall be succinctly summarized:
The judgment creditor and the name of his or her attorney, the
judgment debtor, the amount of the judgment, the interest
owed to the date of the judgment, and the total of the taxable
costs and attorney fees, if known at the time of the entry of
the judgment, and in the entry of a foreign judgment, the filing and expiration dates of the judgment under the laws of the
original jurisdiction.
(b) If the judgment provides for the award of any right,
title, or interest in real property, the first page must also
include an abbreviated legal description of the property in
which the right, title, or interest was awarded by the judgment, including lot, block, plat, or section, township, and
range, and reference to the judgment page number where the
full legal description is included, if applicable; or the assessor's property tax parcel or account number, consistent with
RCW 65.04.045(1) (f) and (g).
(c) If the judgment provides for damages arising from
the ownership, maintenance, or use of a motor vehicle as
specified in RCW 46.29.270, the first page of the judgment
summary must clearly state that the judgment is awarded pursuant to RCW 46.29.270 and that the clerk must give notice
to the department of licensing as outlined in RCW 46.29.310.
(3) If the attorney fees and costs are not included in the
judgment, they shall be summarized in the cost bill when
filed. The clerk may not enter a judgment, and a judgment
does not take effect, until the judgment has a summary in
compliance with this section. The clerk is not liable for an
incorrect summary. [2003 c 43 § 1; 2000 c 41 § 1; 1999 c 296
§ 1; 1997 c 358 § 5; 1995 c 149 § 1; 1994 c 185 § 2; 1987 c
442 § 1107; 1984 c 128 § 6; 1983 c 28 § 2; Code 1881 § 305;
1877 p 62 § 309; 1869 p 75 § 307; RRS § 435.]
Rules of court: Cf. CR 58(a), CR 58(b), CR 78(e).
Title 6
Title 6
ENFORCEMENT OF JUDGMENTS
Chapters
6.27
Garnishment.
6.36
Uniform enforcement of foreign judgments act.
Chapter 6.27
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
Chapter 4.64
Chapter 4.64 RCW
Sections
6.27.010
6.27.020
ENTRY OF JUDGMENTS
6.27.040
Entry of judgment—Form of judgment summary.
6.27.060
6.27.070
6.27.100
Sections
4.64.030
[2003 RCW Supp—page 16]
Chapter 6.27 RCW
GARNISHMENT
Definitions.
Grounds for issuance of writ—Time of issuance of prejudgment writs.
State and municipal corporations subject to garnishment—
Service of writ.
Application for writ—Affidavit—Fee.
Issuance of writ—Form—Dating—Attestation.
Form of writ.
Garnishment
6.27.130
6.27.140
6.27.160
6.27.190
6.27.200
6.27.250
6.27.265
6.27.320
6.27.340
6.27.350
Mailing of writ and judgment or affidavit to judgment
debtor—Mailing of notice and claim form if judgment
debtor is an individual—Service—Return.
Form of returns under RCW 6.27.130.
Claiming exemptions—Form—Hearing—Attorney's fees—
Costs—Release of funds or property.
Answer of garnishee—Contents—Forms.
Default judgment—Reduction upon motion of garnishee—
Attorney's fees.
Judgment against garnishee—Procedure if debt not mature.
Form for judgment against garnishee.
Dismissal of garnishment—Duty of plaintiff—Procedure—
Penalty—Costs.
Continuing lien on earnings—Captions—Additions to writ
and answer forms.
Continuing lien on earnings—When lien becomes effective—
Termination—Second answer.
6.27.010
6.27.010 Definitions. (1) As used in this chapter, the
term "earnings" means compensation paid or payable to an
individual for personal services, whether denominated as
wages, salary, commission, bonus, or otherwise, and includes
periodic payments pursuant to a nongovernmental pension or
retirement program.
(2) As used in this chapter, the term "disposable earnings" means that part of earnings remaining after the deduction from those earnings of any amounts required by law to
be withheld. [2003 c 222 § 16; 1987 c 442 § 1001.]
6.27.020
6.27.020 Grounds for issuance of writ—Time of issuance of prejudgment writs. (1) The clerks of the superior
courts and district courts of this state may issue writs of garnishment returnable to their respective courts for the benefit
of a judgment creditor who has a judgment wholly or partially unsatisfied in the court from which the garnishment is
sought.
(2) Writs of garnishment may be issued in district court
with like effect by the attorney of record for the judgment
creditor, and the form of writ shall be substantially the same
as when issued by the court except that it shall be subscribed
only by the signature of such attorney.
(3) Except as otherwise provided in RCW 6.27.040 and
6.27.330, the superior courts and district courts of this state
may issue prejudgment writs of garnishment to a plaintiff at
the time of commencement of an action or at any time afterward, subject to the requirements of chapter 6.26 RCW.
[2003 c 222 § 1; 1987 c 442 § 1002; 1969 ex.s. c 264 § 1.
Formerly RCW 7.33.010.]
Rules of court: Cf. CR 64.
6.27.040
6.27.040 State and municipal corporations subject to
garnishment—Service of writ. (1) The state of Washington, all counties, cities, towns, school districts and other
municipal corporations shall be subject to garnishment after
judgment has been entered in the principal action, but not
before, in the superior and district courts, in the same manner
and with the same effect, as provided in the case of other garnishees.
(2) The venue of any such garnishment proceeding shall
be the same as for the original action, and the writ shall be
issued by the clerk of the court having jurisdiction of such
original action or by the attorney of record for the judgment
creditor in district court.
(3) The writ of garnishment shall be served upon the
same officer as is required for service of summons upon the
6.27.100
commencement of a civil action against the state, county,
city, town, school district, or other municipal corporation, as
the case may be. [2003 c 222 § 2. Prior: 1987 c 442 § 1004;
1987 c 202 § 134; 1969 ex.s. c 264 § 6. Formerly RCW
7.33.060.]
Intent—1987 c 202: See note following RCW 2.04.190.
6.27.060
6.27.060 Application for writ—Affidavit—Fee. The
judgment creditor as the plaintiff or someone in the judgment
creditor's behalf shall apply for a writ of garnishment by affidavit, stating the following facts: (1) The plaintiff has a judgment wholly or partially unsatisfied in the court from which
the writ is sought; (2) the amount alleged to be due under that
judgment; (3) the plaintiff has reason to believe, and does
believe that the garnishee, stating the garnishee's name and
residence or place of business, is indebted to the defendant in
amounts exceeding those exempted from garnishment by any
state or federal law, or that the garnishee has possession or
control of personal property or effects belonging to the defendant which are not exempted from garnishment by any state
or federal law; and (4) whether or not the garnishee is the
employer of the judgment debtor.
The judgment creditor shall pay to the clerk of the superior court the fee provided by RCW 36.18.020, or to the clerk
of the district court the fee provided by RCW 3.62.060.
[2003 c 222 § 17; 1988 c 231 § 22. Prior: 1987 c 442 § 1006;
1987 c 202 § 133; 1981 c 193 § 3; 1977 ex.s. c 55 § 1; 1969
ex.s. c 264 § 4. Formerly RCW 7.33.040.]
Severability—1988 c 231: See note following RCW 6.01.050.
Intent—1987 c 202: See note following RCW 2.04.190.
6.27.070
6.27.070 Issuance of writ—Form—Dating—Attestation. (1) When application for a writ of garnishment is made
by a judgment creditor and the requirements of RCW
6.27.060 have been complied with, the clerk shall docket the
case in the names of the judgment creditor as plaintiff, the
judgment debtor as defendant, and the garnishee as garnishee
defendant, and shall immediately issue and deliver a writ of
garnishment to the judgment creditor in the form prescribed
in RCW 6.27.100, directed to the garnishee, commanding the
garnishee to answer said writ on forms served with the writ
and complying with RCW 6.27.190 within twenty days after
the service of the writ upon the garnishee. The clerk shall
likewise docket the case when a writ of garnishment issued
by the attorney of record of a judgment creditor is filed.
Whether a writ is issued by the clerk or an attorney, the clerk
shall bear no responsibility for errors contained in the writ.
(2) The writ of garnishment shall be dated and attested as
in the form prescribed in RCW 6.27.100. The name and
office address of the plaintiff's attorney shall be indorsed
thereon or, in case the plaintiff has no attorney, the name and
address of the plaintiff shall be indorsed thereon. The
address of the clerk's office shall appear at the bottom of the
writ. [2003 c 222 § 3; 1987 c 442 § 1007; 1970 ex.s. c 61 §
1. Prior: 1969 ex.s. c 264 § 5. Formerly RCW 7.33.050.]
6.27.100
6.27.100 Form of writ. (1) The writ shall be substantially in the following form, but if the writ is issued under a
court order or judgment for child support, the following statement shall appear conspicuously in the caption: "This gar[2003 RCW Supp—page 17]
6.27.100
Title 6 RCW: Enforcement of Judgments
nishment is based on a judgment or court order for child support"; and if the garnishment is for a continuing lien, the form
shall be modified as provided in RCW 6.27.340; and if the
writ is not directed to an employer for the purpose of garnishing a defendant's earnings, the paragraph relating to the earnings exemption may be omitted and the paragraph relating to
the deduction of processing fees may be omitted; and if the
writ is issued by an attorney, the writ shall be revised as indicated in subsection (2) of this section:
"IN THE . . . . . COURT
OF THE STATE OF WASHINGTON IN AND FOR
THE COUNTY OF . . . . . .
.................... ,
Plaintiff,
vs.
.................... ,
Defendant
.................... ,
Garnishee
No. . . . .
WRIT OF
GARNISHMENT
THE STATE OF WASHINGTON TO: . . . . . . . . . . . . . .
Garnishee
AND TO: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Defendant
The above-named plaintiff has applied for a writ of
garnishment against you, claiming that the above-named
defendant is indebted to plaintiff and that the amount to be
held to satisfy that indebtedness is $ . . . . . ., consisting of:
Balance on Judgment or Amount of Claim
Interest under Judgment from . . . . to . . . .
Taxable Costs and Attorneys' Fees
Estimated Garnishment Costs:
Filing Fee
Service and Affidavit Fees
Postage and Costs of Certified Mail
Answer Fee or Fees (If applicable)
Garnishment Attorney Fee
Other
$....
$....
$....
$....
$....
$....
$....
$....
$....
YOU ARE HEREBY COMMANDED, unless otherwise
directed by the court, by the attorney of record for the plaintiff, or by this writ, not to pay any debt, whether earnings subject to this garnishment or any other debt, owed to the defendant at the time this writ was served and not to deliver, sell,
or transfer, or recognize any sale or transfer of, any personal
property or effects of the defendant in your possession or
control at the time when this writ was served. Any such payment, delivery, sale, or transfer is void to the extent necessary
to satisfy the plaintiff's claim and costs for this writ with
interest.
YOU ARE FURTHER COMMANDED to answer this
writ by filling in the attached form according to the instructions in this writ and in the answer forms and, within twenty
days after the service of the writ upon you, to mail or deliver
the original of such answer to the court, one copy to the plaintiff or the plaintiff's attorney, and one copy to the defendant,
in the envelopes provided.
If, at the time this writ was served, you owed the defendant any earnings (that is, wages, salary, commission, bonus,
[2003 RCW Supp—page 18]
or other compensation for personal services or any periodic
payments pursuant to a nongovernmental pension or retirement program), the defendant is entitled to receive amounts
that are exempt from garnishment under federal and state
law. You must pay the exempt amounts to the defendant on
the day you would customarily pay the compensation or other
periodic payment. As more fully explained in the answer, the
basic exempt amount is the greater of seventy-five percent of
disposable earnings or a minimum amount determined by reference to the employee's pay period, to be calculated as provided in the answer. However, if this writ carries a statement
in the heading that "This garnishment is based on a judgment
or court order for child support," the basic exempt amount is
forty percent of disposable earnings.
IF THIS IS A WRIT FOR A CONTINUING LIEN ON
EARNINGS, YOU MAY DEDUCT A PROCESSING FEE
FROM THE REMAINDER OF THE EMPLOYEE'S EARNINGS AFTER WITHHOLDING UNDER THIS WRIT.
THE PROCESSING FEE MAY NOT EXCEED TWENTY
DOLLARS FOR THE FIRST ANSWER AND TEN DOLLARS AT THE TIME YOU SUBMIT THE SECOND
ANSWER.
If you owe the defendant a debt payable in money in
excess of the amount set forth in the first paragraph of this
writ, hold only the amount set forth in the first paragraph and
any processing fee if one is charged and release all additional
funds or property to defendant.
IF YOU FAIL TO ANSWER THIS WRIT AS COMMANDED, A JUDGMENT MAY BE ENTERED
AGAINST YOU FOR THE FULL AMOUNT OF THE
PLAINTIFF'S CLAIM AGAINST THE DEFENDANT
WITH ACCRUING INTEREST, ATTORNEY FEES, AND
COSTS WHETHER OR NOT YOU OWE ANYTHING TO
THE DEFENDANT. IF YOU PROPERLY ANSWER THIS
WRIT, ANY JUDGMENT AGAINST YOU WILL NOT
EXCEED THE AMOUNT OF ANY NONEXEMPT DEBT
OR THE VALUE OF ANY NONEXEMPT PROPERTY OR
EFFECTS IN YOUR POSSESSION OR CONTROL.
JUDGMENT MAY ALSO BE ENTERED AGAINST
THE DEFENDANT FOR COSTS AND FEES INCURRED
BY THE PLAINTIFF.
Witness, the Honorable . . . . . . . ., Judge of the aboveentitled Court, and the seal thereof, this . . . . day of . . . . . .,
20. . .
[Seal]
.....................
Attorney for
Plaintiff (or
Plaintiff, if no
attorney)
.....................
Address
.....................
Clerk of the
Court
.....................
By
.....................
Address"
(2) If an attorney issues the writ of garnishment, the final
paragraph of the writ, containing the date, and the subscripted
attorney and clerk provisions, shall be replaced with text in
substantially the following form:
Garnishment
"This writ is issued by the undersigned attorney of record
for plaintiff under the authority of chapter 6.27 of the Revised
Code of Washington, and must be complied with in the same
manner as a writ issued by the clerk of the court.
Dated this . . . . . . . .day of . . . . . . . . . ., 20 . . . . . .
.....................
Attorney for Plaintiff
.....................
Address"
vice and, in addition, showing the address of the mailing and
attaching the return receipt or the mailing should it be
returned to the sender as undeliverable. [2003 c 222 § 5;
1988 c 231 § 27; 1987 c 442 § 1013; 1969 ex.s. c 264 § 32.
Formerly RCW 7.33.320.]
Severability—1988 c 231: See note following RCW 6.01.050.
6.27.140
.....................
Address of the Clerk of the
Court
[2003 c 222 § 4; 2000 c 72 § 3; 1998 c 227 § 3; 1997 c 296 §
2; 1988 c 231 § 25; 1987 c 442 § 1010; 1981 c 193 § 4; 1969
ex.s. c 264 § 11. Formerly RCW 7.33.110.]
Severability—1988 c 231: See note following RCW 6.01.050.
6.27.130
6.27.140
6.27.130 Mailing of writ and judgment or affidavit to
judgment debtor—Mailing of notice and claim form if
judgment debtor is an individual—Service—Return. (1)
When a writ is issued under a judgment, on or before the date
of service of the writ on the garnishee, the judgment creditor
shall mail or cause to be mailed to the judgment debtor, by
certified mail, addressed to the last known post office address
of the judgment debtor, (a) a copy of the writ and a copy of
the judgment creditor's affidavit submitted in application for
the writ, and (b) if the judgment debtor is an individual, the
notice and claim form prescribed in RCW 6.27.140. In the
alternative, on or before the day of the service of the writ on
the garnishee or within two days thereafter, the stated documents shall be served on the judgment debtor in the same
manner as is required for personal service of summons upon
a party to an action.
(2) The requirements of this section shall not be jurisdictional, but (a) no disbursement order or judgment against the
garnishee defendant shall be entered unless there is on file the
return or affidavit of service or mailing required by subsection (3) of this section, and (b) if the copies of the writ and
judgment or affidavit, and the notice and claim form if the
defendant is an individual, are not mailed or served as herein
provided, or if any irregularity appears with respect to the
mailing or service, the court, in its discretion, on motion of
the judgment debtor promptly made and supported by affidavit showing that the judgment debtor has suffered substantial
injury from the plaintiff's failure to mail or otherwise to serve
such copies, may set aside the garnishment and award to the
judgment debtor an amount equal to the damages suffered
because of such failure.
(3) If the service on the judgment debtor is made by a
sheriff, the sheriff shall file with the clerk of the court that
issued the writ a signed return showing the time, place, and
manner of service and that the copy of the writ was accompanied by a copy of a judgment or affidavit, and by a notice and
claim form if required by this section, and shall note thereon
fees for making such service. If service is made by any person other than a sheriff, such person shall file an affidavit
including the same information and showing qualifications to
make such service. If service on the judgment debtor is made
by mail, the person making the mailing shall file an affidavit
including the same information as required for return on ser-
6.27.140 Form of returns under RCW 6.27.130. (1)
The notice required by RCW 6.27.130(1) to be mailed to or
served on an individual judgment debtor shall be in the following form, printed or typed in type no smaller than elite
type:
NOTICE OF GARNISHMENT
AND OF YOUR RIGHTS
A Writ of Garnishment issued in a Washington
court has been or will be served on the garnishee
named in the attached copy of the writ. After receipt
of the writ, the garnishee is required to withhold
payment of any money that was due to you and to
withhold any other property of yours that the garnishee held or controlled. This notice of your rights
is required by law.
YOU HAVE THE FOLLOWING EXEMPTION
RIGHTS:
WAGES. If the garnishee is your employer who
owes wages or other personal earnings to you, your
employer is required to pay amounts to you that are
exempt under state and federal laws, as explained in
the writ of garnishment. You should receive a copy
of your employer's answer, which will show how
the exempt amount was calculated. If the garnishment is for child support, the exempt amount paid to
you will be forty percent of wages due you, but if
you are supporting a spouse or dependent child, you
are entitled to claim an additional ten percent as
exempt.
BANK ACCOUNTS. If the garnishee is a bank or
other institution with which you have an account in
which you have deposited benefits such as Temporary Assistance for Needy Families, Supplemental
Security Income (SSI), Social Security, veterans'
benefits, unemployment compensation, or a United
States pension, you may claim the account as fully
exempt if you have deposited only such benefit
funds in the account. It may be partially exempt
even though you have deposited money from other
sources in the same account. An exemption is also
available under RCW 26.16.200, providing that
funds in a community bank account that can be identified as the earnings of a stepparent are exempt
from a garnishment on the child support obligation
of the parent.
OTHER EXEMPTIONS. If the garnishee holds
other property of yours, some or all of it may be
exempt under RCW 6.15.010, a Washington statute
that exempts up to five hundred dollars of property
of your choice (including up to one hundred dollars
[2003 RCW Supp—page 19]
6.27.140
Title 6 RCW: Enforcement of Judgments
in cash or in a bank account) and certain property
such as household furnishings, tools of trade, and a
motor vehicle (all limited by differing dollar values).
HOW TO CLAIM EXEMPTIONS. Fill out the
enclosed claim form and mail or deliver it as
described in instructions on the claim form. If the
plaintiff does not object to your claim, the funds or
other property that you have claimed as exempt
must be released not later than 10 days after the
plaintiff receives your claim form. If the plaintiff
objects, the law requires a hearing not later than 14
days after the plaintiff receives your claim form, and
notice of the objection and hearing date will be
mailed to you at the address that you put on the
claim form.
THE LAW ALSO PROVIDES OTHER EXEMPTION RIGHTS. IF NECESSARY, AN ATTORNEY CAN ASSIST YOU TO ASSERT THESE
AND OTHER RIGHTS, BUT YOU MUST ACT
IMMEDIATELY TO AVOID LOSS OF RIGHTS
BY DELAY.
(2) The claim form required by RCW 6.27.130(1) to be
mailed to or served on an individual judgment debtor shall be
in the following form, printed or typed in type no smaller than
elite type:
[Caption to be filled in by judgment creditor
or plaintiff before mailing.]
.....................
Name of Court
.....................
Plaintiff,
EXEMPTION CLAIM
INSTRUCTIONS:
2.
Read this whole form after reading the enclosed
notice. Then put an X in the box or boxes that
describe your exemption claim or claims and write
in the necessary information on the blank lines. If
additional space is needed, use the bottom of the last
page or attach another sheet.
Make two copies of the completed form. Deliver the
original form by first class mail or in person to the
clerk of the court, whose address is shown at the bottom of the writ of garnishment. Deliver one of the
copies by first class mail or in person to the plaintiff
or plaintiff's attorney, whose name and address are
shown at the bottom of the writ. Keep the other
copy. YOU SHOULD DO THIS AS QUICKLY AS
POSSIBLE, BUT NO LATER THAN 28 DAYS (4
WEEKS) AFTER THE DATE ON THE WRIT.
I/We claim the following money or property as exempt:
[2003 RCW Supp—page 20]
[ ] Temporary assistance for needy families, SSI, or
other public assistance. I receive $ . . . . . monthly.
[ ] Social Security. I receive $ . . . . . monthly.
[ ] Veterans' Benefits. I receive $ . . . . . monthly.
[ ] U.S. Government Pension. I receive $ . . . . .
monthly.
[ ] Unemployment Compensation. I receive $ . . . . .
monthly.
[ ] Child support. I receive $ . . . . . monthly.
[ ] Other. Explain . . . . . . . . . . . . . . . . . . . . . . . . . .
.......................................
IF EXEMPTION IN BANK ACCOUNT IS CLAIMED,
ANSWER ONE OR BOTH OF THE FOLLOWING:
[ ] No money other than from above payments are in
the account.
[ ] Moneys in addition to the above payments have
been deposited in the account. Explain . . . . . . .
.......................................
.......................................
IF EARNINGS ARE GARNISHED FOR CHILD SUPPORT:
[ ] I claim maximum exemption.
[ ] I am supporting another child or other children.
[ ] I am supporting a husband or a wife.
IF PENSION OR RETIREMENT BENEFITS ARE GARNISHED:
[ ]
Name and address of employer who is paying the
benefits: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
........................................
OTHER PROPERTY:
.....................
Garnishee Defendant
1.
[ ] The account contains payments from:
No . . . . . .
vs.
.....................
Defendant,
IF BANK ACCOUNT IS GARNISHED:
[ ]
Describe property . . . . . . . . . . . . . . . . . . . . . . . . .
........................................
(If you claim other personal property as exempt, you
must attach a list of all other personal property that
you own.)
.....................
Print: Your name
.....................
If married,
name of husband/wife
.....................
Your signature
.....................
Signature of husband
or wife
.....................
.....................
Address
.....................
.....................
Address
(if different from yours)
.....................
Telephone number
.....................
Telephone number
(if different from yours)
CAUTION: If the plaintiff objects to your claim, you
will have to go to court and give proof of your claim. For
example, if you claim that a bank account is exempt, you may
have to show the judge your bank statements and papers that
show the source of the money you deposited in the bank.
Garnishment
Your claim may be granted more quickly if you attach copies
of such proof to your claim.
IF THE JUDGE DENIES YOUR EXEMPTION CLAIM,
YOU WILL HAVE TO PAY THE PLAINTIFF'S COSTS.
IF THE JUDGE DECIDES THAT YOU DID NOT MAKE
THE CLAIM IN GOOD FAITH, HE OR SHE MAY
DECIDE THAT YOU MUST PAY THE PLAINTIFF'S
ATTORNEY FEES.
[2003 c 222 § 6; 1997 c 59 § 2; 1987 c 442 § 1014.]
6.27.160
6.27.160 Claiming exemptions—Form—Hearing—
Attorney's fees—Costs—Release of funds or property.
(1) A defendant may claim exemptions from garnishment in
the manner specified by the statute that creates the exemption
or by delivering to or mailing by first class mail to the clerk
of the court out of which the writ was issued a declaration in
substantially the following form or in the form set forth in
RCW 6.27.140 and mailing a copy of the form by first class
mail to the plaintiff or plaintiff's attorney at the address
shown on the writ of garnishment, all not later than twentyeight days after the date stated on the writ except that the time
shall be extended to allow a declaration mailed or delivered
to the clerk within twenty-one days after service of the writ
on the garnishee if service on the garnishee is delayed more
than seven days after the date of the writ.
[NAME OF COURT]
.....................
Plaintiff
No. . . . . .
.....................
Defendant
.....................
Garnishee
6.27.160
claim, cause to be delivered or mailed to the defendant by
first class mail, to the address shown on the exemption claim,
a declaration by self, attorney, or agent, alleging the facts on
which the objection is based, together with notice of date,
time, and place of a hearing on the objection, which hearing
the plaintiff must cause to be noted for a hearing date not later
than fourteen days after the receipt of the claim. After a hearing on an objection to an exemption claim, the court shall
award costs to the prevailing party and may also award an
attorney's fee to the prevailing party if the court concludes
that the exemption claim or the objection to the claim was not
made in good faith. The defendant bears the burden of proving any claimed exemption, including the obligation to provide sufficient documentation to identify the source and
amount of any claimed exempt funds.
(3) If the plaintiff elects not to object to the claim of
exemption, the plaintiff shall, not later than ten days after
receipt of the claim, obtain from the court and deliver to the
garnishee an order directing the garnishee to release such part
of the debt, property, or effects as is covered by the exemption claim. If the plaintiff fails to obtain and deliver the order
as required or otherwise to effect release of the exempt funds
or property, the defendant shall be entitled to recover fifty
dollars from the plaintiff, in addition to actual damages suffered by the defendant from the failure to release the exempt
property. The attorney of record for the plaintiff may, as an
alternative to obtaining a court order releasing exempt funds,
property, or effects, deliver to the garnishee and file with the
court an authorization to release claimed exempt funds, property, or effects, signed by the attorney, in substantially the
following form:
[NAME OF COURT]
CLAIM OF EXEMPTION
I/We claim the following described property or money as
exempt from execution:
.............................................
.............................................
.............................................
. . . . . . . . . . . . . . . . . . . . .,
Plaintiff,
vs.
No. . . . . .
RELEASE OF WRIT OF
GARNISHMENT
. . . . . . . . . . . . . . . . . . . . .,
Defendant
. . . . . . . . . . . . . . . . . . . . .,
Garnishee.
I/We believe the property is exempt because:
.............................................
.............................................
.............................................
.....................
Print name
.....................
Print name of spouse,
if married
.....................
Signature
.....................
Signature
.....................
Address
.....................
Address
.....................
.....................
Telephone number
.....................
.....................
Telephone number
.....................
.....................
(2) A plaintiff who wishes to object to an exemption
claim must, not later than seven days after receipt of the
TO THE ABOVE-NAMED GARNISHEE
You are hereby directed by the attorney for plaintiff,
under the authority of chapter 6.27 of the Revised Code of
Washington, to release the writ of garnishment issued in
this cause on . . . . . ., as follows: . . . . . . . . . . [indicate full
or partial release, and if partial the extent to which the garnishment is released]
You are relieved of your obligation to withhold funds
or property of the defendant to the extent indicated in this
release. Any funds or property covered by this release
which have been withheld, should be returned to the defendant.
Date: . . . . . . . . . . . . . . . . .
.....................
Attorney for Plaintiff
[2003 c 222 § 7; 2002 c 265 § 3; 1988 c 231 § 28; 1987 c 442
§ 1016.]
Severability—1988 c 231: See note following RCW 6.01.050.
[2003 RCW Supp—page 21]
6.27.190
Title 6 RCW: Enforcement of Judgments
6.27.190
6.27.190 Answer of garnishee—Contents—Forms.
The answer of the garnishee shall be signed by the garnishee
or attorney or if the garnishee is a corporation, by an officer,
attorney or duly authorized agent of the garnishee, under penalty of perjury, and the original delivered, either personally or
by mail, to the clerk of the court, one copy to the plaintiff or
the plaintiff's attorney, and one copy to the defendant. The
answer shall be made on a form substantially as appears in
this section, served on the garnishee with the writ. Prior to
serving the answer forms for a writ for continuing lien on
earnings, the plaintiff shall fill in the minimum exemption
amounts for the different pay periods, and the maximum percentages of disposable earnings subject to lien and exempt
from lien. If the garnishment is for a continuing lien, the
answer forms shall be as prescribed in RCW 6.27.340 and
6.27.350. If the writ is not directed to an employer for the
purpose of garnishing the defendant's wages, the paragraphs
in section II of the answer relating to earnings and calculations of withheld amounts may be omitted.
IN THE . . . . . COURT
OF THE STATE OF WASHINGTON IN AND FOR
THE COUNTY OF . . . . . .
.....................
Plaintiff
vs.
.....................
Defendant
.....................
Garnishee Defendant
NO. . . . . .
ANSWER
TO WRIT OF
GARNISHMENT
Weekly
Bi-weekly
$.....
$.....
Gross Earnings
$ . . . . . . . .(1)
Less deductions required by law (social security,
federal withholding tax, etc. Do not include
deductions for child support orders or government
liens here. Deduct child support orders and liens
on line 7):
$ . . . . . . . .(2)
$ . . . . . . . .(3)
Enter . . . . percent of line 3:
$ . . . . . . . .(4)
Enter one of the following exempt amounts*: $ . . . . . . . .(5)
Semi-monthly
Monthly
$.....
$.....
SECTION III. An attorney may answer for the garnishee.
Under penalty of perjury, I affirm that I have examined
this answer, including accompanying schedules, and to the
best of my knowledge and belief it is true, correct, and complete.
*These are minimum exempt amounts that the
defendant must be paid. If your answer
covers more than one pay period, multiply
the preceding amount by the number of pay
periods and/or fraction thereof your answer
covers. If you use a pay period not shown,
prorate the monthly exempt amount.
Subtract the larger of lines 4 and 5 from
line 3:
$ . . . . . . . .(6)
Enter amount (if any) withheld for ongoing
government liens such as child support:
$ . . . . . . . .(7)
Subtract line 7 from line 6. This amount
must be held out for the plaintiff:
$ . . . . . . . .(8)
This is the formula that you will use for withholding each pay
period over the required sixty-day garnishment period.
Deduct any allowable processing fee you may charge from
the amount that is to be paid to the defendant.
If there is any uncertainty about your answer, give an
explanation on the last page or on an attached page.
[2003 RCW Supp—page 22]
SECTION II. At the time of service of the writ of garnishment on the garnishee there was due and owing from the
garnishee to the above-named defendant $ . . . . .
This writ attaches a maximum of . . . . percent of the
defendant's disposable earnings (that is, compensation payable for personal services, whether called wages, salary, commission, bonus, or otherwise, and including periodic payments pursuant to a nongovernmental pension or retirement
program). Calculate the attachable amount as follows:
Disposable Earnings (subtract line 2 from
line 1):
SECTION I. On the date the writ of garnishment was
issued as indicated by the date appearing on the last page of
the writ:
If paid:
(A) The defendant: (check one) . . . . was, . . . . was not
employed by garnishee. If not employed and you have no
possession or control of any funds of defendant, indicate the
last day of employment: . . . . . . .; and complete section III of
this answer and mail or deliver the forms as directed in the
writ;
(B) The defendant: (check one) . . . . did, . . . . did not maintain a financial account with garnishee; and
(C) The garnishee: (check one) . . . . did, . . . . did not have
possession of or control over any funds, personal property, or
effects of the defendant. (List all of defendant's personal
property or effects in your possession or control on the last
page of this answer form or attach a schedule if necessary.)
.....................
.....................
Signature of
Date
Garnishee Defendant
.....................
.....................
Signature of person
Connection with
answering for
garnishee
garnishee
.....................
.....................
Print name of person signing . . . . . . . . . . . . . . . . . . . . .
Address of garnishee
[2003 c 222 § 8; 2000 c 72 § 4; 1997 c 296 § 5; 1988 c 231 §
30; 1987 c 442 § 1019; 1969 ex.s. c 264 § 15. Formerly RCW
7.33.150.]
Rules of court: Cf. SPR 91.04W(c).
Severability—1988 c 231: See note following RCW 6.01.050.
Garnishment
6.27.250
6.27.200
6.27.200 Default judgment—Reduction upon motion
of garnishee—Attorney's fees. If the garnishee fails to
answer the writ within the time prescribed in the writ, after
the time to answer the writ has expired and after required
returns or affidavits have been filed, showing service on the
garnishee and service on or mailing to the defendant, it shall
be lawful for the court to render judgment by default against
such garnishee, after providing a notice to the garnishee by
personal service or first class mail deposited in the mail at
least ten calendar days prior to entry of the judgment, for the
full amount claimed by the plaintiff against the defendant, or
in case the plaintiff has a judgment against the defendant, for
the full amount of the plaintiff's unpaid judgment against the
defendant with all accruing interest and costs as prescribed in
RCW 6.27.090: PROVIDED, That upon motion by the garnishee at any time within seven days following service on, or
mailing to, the garnishee of a copy of the first writ of execution or writ of garnishment under such judgment, the judgment against the garnishee shall be reduced to the amount of
any nonexempt funds or property which was actually in the
possession of the garnishee at the time the writ was served,
plus the cumulative amount of the nonexempt earnings subject to the lien provided for in RCW 6.27.350, or the sum of
one hundred dollars, whichever is more, but in no event to
exceed the full amount claimed by the plaintiff or the amount
of the unpaid judgment against the principal defendant plus
all accruing interest and costs and attorney's fees as prescribed in RCW 6.27.090, and in addition the plaintiff shall
be entitled to a reasonable attorney's fee for the plaintiff's
response to the garnishee's motion to reduce said judgment
against the garnishee under this proviso and the court may
allow additional attorney's fees for other actions taken
because of the garnishee's failure to answer. [2003 c 222 § 9;
1997 c 296 § 6; 1988 c 231 § 31; 1987 c 442 § 1020; 1970
ex.s. c 61 § 10; 1969 ex.s. c 264 § 19. Formerly RCW
7.33.190.]
Rules of court: CR 55, JCR 55.
Severability—1988 c 231: See note following RCW 6.01.050.
6.27.250
6.27.250 Judgment against garnishee—Procedure if
debt not mature. (1)(a) If it appears from the answer of the
garnishee or if it is otherwise made to appear that the garnishee was indebted to the defendant in any amount, not
exempt, when the writ of garnishment was served, and if the
required return or affidavit showing service on or mailing to
the defendant is on file, the court shall render judgment for
the plaintiff against such garnishee for the amount so admitted or found to be due to the defendant from the garnishee,
unless such amount exceeds the amount of the plaintiff's
claim or judgment against the defendant with accruing interest and costs and attorney's fees as prescribed in RCW
6.27.090, in which case it shall be for the amount of such
claim or judgment, with said interest, costs, and fees. In the
case of a superior court garnishment, the court shall order the
garnishee to pay to the plaintiff or to the plaintiff's attorney
through the registry of the court the amount of the judgment
against the garnishee, the clerk of the court shall note receipt
of any such payment, and the clerk of the court shall disburse
the payment to the plaintiff. In the case of a district court garnishment, the court shall order the garnishee to pay the judgment amount directly to the plaintiff or to the plaintiff's attor-
ney. In either case, the court shall inform the garnishee that
failure to pay the amount may result in execution of the judgment, including garnishment.
(b) If, prior to judgment, the garnishee tenders to the
plaintiff or to the plaintiff's attorney or to the court any
amounts due, such tender will support judgment against the
garnishee in the amount so tendered, subject to any exemption claimed within the time required in RCW 6.27.160 after
the amounts are tendered, and subject to any controversion
filed within the time required in RCW 6.27.210 after the
amounts are tendered. Any amounts tendered to the court by
or on behalf of the garnishee or the defendant prior to judgment shall be disbursed to the party entitled to same upon
entry of judgment or order, and any amounts so tendered after
entry of judgment or order shall be disbursed upon receipt to
the party entitled to same.
(2) If it shall appear from the answer of the garnishee and
the same is not controverted, or if it shall appear from the
hearing or trial on controversion or by stipulation of the parties that the garnishee is indebted to the principal defendant in
any sum, but that such indebtedness is not matured and is not
due and payable, and if the required return or affidavit showing service on or mailing to the defendant is on file, the court
shall make an order requiring the garnishee to pay such sum
into court when the same becomes due, the date when such
payment is to be made to be specified in the order, and in
default thereof that judgment shall be entered against the garnishee for the amount of such indebtedness so admitted or
found due. In case the garnishee pays the sum at the time
specified in the order, the payment shall operate as a discharge, otherwise judgment shall be entered against the garnishee for the amount of such indebtedness, which judgment
shall have the same force and effect, and be enforced in the
same manner as other judgments entered against garnishees
as provided in this chapter: PROVIDED, That if judgment is
rendered in favor of the principal defendant, or if any judgment rendered against the principal defendant is satisfied
prior to the date of payment specified in an order of payment
entered under this subsection, the garnishee shall not be
required to make the payment, nor shall any judgment in such
case be entered against the garnishee.
(3) The court shall, upon request of the plaintiff at the
time judgment is rendered against the garnishee or within one
year thereafter, or within one year after service of the writ on
the garnishee if no judgment is taken against the garnishee,
render judgment against the defendant for recoverable garnishment costs and attorney fees. However, if it appears from
the answer of garnishee or otherwise that, at the time the writ
was issued, the garnishee held no funds, personal property, or
effects of the defendant and, in the case of a garnishment on
earnings, the defendant was not employed by the garnishee,
or, in the case of a writ directed to a financial institution, the
defendant maintained no account therein, then the plaintiff
may not be awarded judgment against the defendant for such
costs or attorney fees. [2003 c 222 § 10; 2000 c 72 § 5; 1988
c 231 § 32; 1987 c 442 § 1025; 1969 ex.s. c 264 § 20. Formerly RCW 7.33.200.]
Rules of court: Cf. SPR 91.04W(d).
Severability—1988 c 231: See note following RCW 6.01.050.
[2003 RCW Supp—page 23]
6.27.265
Title 6 RCW: Enforcement of Judgments
6.27.265
6.27.265 Form for judgment against garnishee. The
judgment on garnishee's answer or tendered funds, and for
costs against defendant, and the order to pay funds shall be
substantially in the following form:
IN THE . . . . COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF . . . . .
.....................
Plaintiff
vs.
No. . . . . .
JUDGMENT AND ORDER
TO PAY
(Clerk's Action Required)
.....................
Defendant
.....................
Garnishee
Judgment Summary
Judgment Creditor
............
Garnishment Judgment Debtor
............
Garnishment Judgment Amount
............
Costs Judgment Debtor
............
Costs Judgment Amount
............
Judgments to bear interest at
............
%
Attorney for Judgment Creditor
............
[2003 c 222 § 11; 2000 c 72 § 6.]
6.27.320
6.27.320 Dismissal of garnishment—Duty of plaintiff—Procedure—Penalty—Costs. In any case where garnishee has answered that it is holding funds or property
belonging to defendant and plaintiff shall obtain satisfaction
of the judgment and payment of recoverable garnishment
costs and attorney fees from a source other than the garnishment, upon written demand of the defendant or the garnishee,
it shall be the duty of plaintiff to obtain an order dismissing
the garnishment and to serve it upon the garnishee within
twenty days after the demand or the satisfaction of judgment
and payment of costs and fees, whichever shall be later. The
attorney of record for the plaintiff may, as an alternative to
obtaining a court order dismissing the garnishment, deliver to
the garnishee and file with the court an authorization to dismiss the garnishment in whole or part, signed by the attorney,
in substantially the form indicated in RCW 6.27.160(3). In
the event of the failure of plaintiff to obtain and serve such an
order or release, if garnishee continues to hold such funds or
property, defendant shall be entitled to move for dismissal of
the garnishment and shall further be entitled to a judgment
against plaintiff of one hundred dollars plus defendant's costs
and damages. Dismissal may be on ex parte motion of the
plaintiff. [2003 c 222 § 12; 2000 c 72 § 7; 1969 ex.s. c 264 §
31. Formerly RCW 7.33.310.]
6.27.340
IT APPEARING THAT garnishee was indebted to
defendant in the nonexempt amount of $ . . . . . .; that at the
time the writ of garnishment was issued defendant was
employed by or maintained a financial institution account
with garnishee, or garnishee had in its possession or control
funds, personal property, or effects of defendant; and that
plaintiff has incurred recoverable costs and attorney fees of
$. . . .; now, therefore, it is hereby
ORDERED, ADJUDGED, AND DECREED that plaintiff is awarded judgment against garnishee in the amount of
$. . . .; that plaintiff is awarded judgment against defendant in
the amount of $ . . . . . . for recoverable costs; that, if this is a
superior court order, garnishee shall pay its judgment amount
to plaintiff [or to plaintiff's attorney] through the registry of
the court, and the clerk of the court shall note receipt thereof
and forthwith disburse such payment to plaintiff [or to plaintiff's attorney]; that, if this is a district court order, garnishee
shall pay its judgment amount to plaintiff directly [or to
plaintiff's attorney], and if any payment is received by the
clerk of the court, the clerk shall forthwith disburse such payment to plaintiff [or to plaintiff's attorney]. Garnishee is
advised that the failure to pay its judgment amount may result
in execution of the judgment, including garnishment.
DONE IN OPEN COURT this . . . . . . day of . . . ., 20. .
......................
Judge/Court Commissioner
Presented by:
.................
Attorney for Plaintiff
[2003 RCW Supp—page 24]
6.27.340 Continuing lien on earnings—Captions—
Additions to writ and answer forms. (1) Service of a writ
for a continuing lien shall comply fully with RCW 6.27.110.
(2) The caption of the writ shall be marked "CONTINUING LIEN ON EARNINGS" and the following additional
paragraph shall be included in the writ form prescribed in
RCW 6.27.100:
"THIS IS A WRIT FOR A CONTINUING LIEN.
THE GARNISHEE SHALL HOLD the nonexempt
portion of the defendant's earnings due at the time of
service of this writ and shall also hold the defendant's nonexempt earnings that accrue through the
last payroll period ending on or before SIXTY days
after the date of service of this writ. HOWEVER, IF
THE GARNISHEE IS PRESENTLY HOLDING
THE NONEXEMPT PORTION OF THE DEFENDANT'S EARNINGS UNDER A PREVIOUSLY
SERVED WRIT FOR A CONTINUING LIEN,
THE GARNISHEE SHALL HOLD UNDER THIS
WRIT only the defendant's nonexempt earnings that
accrue from the date the previously served writ or
writs terminate and through the last payroll period
ending on or before sixty days after the date of termination of the previous writ or writs. IN EITHER
CASE, THE GARNISHEE SHALL STOP WITHHOLDING W HEN THE SUM W ITHHELD
EQUALS THE AMOUNT STATED IN THIS
WRIT OF GARNISHMENT."
(3) The answer forms served on an employer with the
writ shall include in the caption, "ANSWER TO WRIT OF
GARNISHMENT FOR CONTINUING LIEN ON EARN-
Uniform Enforcement of Foreign Judgments Act
INGS," and the following paragraph shall be added to section
I of the answer form prescribed in RCW 6.27.190:
"If you are withholding the defendant's nonexempt
earnings under a previously served writ for a continuing lien, answer only sections I and II of this
form and mail or deliver the forms as directed in the
writ. Withhold from the defendant's future nonexempt earnings as directed in the writ, and a second
set of answer forms will be forwarded to you later.
ANSWER: I am presently holding the defendant's
nonexempt earnings under a previous writ served
on . . . . . . that will terminate not later than . . . . . .,
20 . . .
.....................
If you are NOT withholding the defendant's earnings under a previously served writ for a continuing
lien, answer this entire form and mail or deliver the
forms as directed in the writ. A second set of answer
forms will be forwarded to you later for subsequently withheld earnings."
(4) In the event plaintiff fails to comply with this section,
employer may elect to treat the garnishment as one not creating a continuing lien. [2003 c 222 § 13; 1988 c 231 § 34;
1987 c 442 § 1033; 1970 ex.s. c 61 § 6. Formerly RCW
7.33.360.]
Severability—1988 c 231: See note following RCW 6.01.050.
6.27.350
6.27.350 Continuing lien on earnings—When lien
becomes effective—Termination—Second answer. (1)
Where the garnishee's answer to a garnishment for a continuing lien reflects that the defendant is employed by the garnishee, the judgment or balance due thereon as reflected on
the writ of garnishment shall become a lien on earnings due
at the time of the effective date of the writ, as defined in this
subsection, to the extent that they are not exempt from garnishment, and such lien shall continue as to subsequent nonexempt earnings until the total subject to the lien equals the
amount stated on the writ of garnishment or until the expiration of the employer's payroll period ending on or before
sixty days after the effective date of the writ, whichever
occurs first, except that such lien on subsequent earnings
shall terminate sooner if the employment relationship is terminated or if the underlying judgment is vacated, modified,
or satisfied in full or if the writ is dismissed. The "effective
date" of a writ is the date of service of the writ if there is no
previously served writ; otherwise, it is the date of termination
of a previously served writ or writs.
(2) At the time of the expected termination of the lien,
the plaintiff shall mail to the garnishee three additional
stamped envelopes addressed as provided in RCW 6.27.110,
and four additional copies of the answer form prescribed in
RCW 6.27.190. The plaintiff shall replace the text of section
I of the answer form with a statement in substantially the following form: "ANSWER SECTION II OF THIS FORM
WITH RESPECT TO THE TOTAL AMOUNT OF EARNINGS WITHHELD UNDER THIS GARNISHMENT,
INCLUDING THE AMOUNT, IF ANY, STATED IN
Title 7
YOUR FIRST ANSWER, AND WITHIN TWENTY DAYS
AFTER YOU RECEIVE THESE FORMS, MAIL OR
DELIVER THEM AS DIRECTED IN THE WRIT."
Amount due and owing stated in first answer $ . . .
Amount accrued since first answer
$...
TOTAL AMOUNT WITHHELD
$. . .
(3) Within twenty days of receipt of the second answer
form the garnishee shall file a second answer, in the form as
provided in subsection (2) of this section, stating the total
amount held subject to the garnishment. [2003 c 222 § 14;
1997 c 296 § 7; 1988 c 231 § 35; 1987 c 442 § 1034; 1970
ex.s. c 61 § 7. Formerly RCW 7.33.370.]
Severability—1988 c 231: See note following RCW 6.01.050.
Chapter 6.36 RCW
UNIFORM ENFORCEMENT OF FOREIGN
JUDGMENTS ACT
Chapter 6.36
Sections
6.36.035
Affidavit of last address of judgment debtor, creditor—Filing—Notice of filing of judgment—Contents—Effect.
6.36.035
6.36.035 Affidavit of last address of judgment
debtor, creditor—Filing—Notice of filing of judgment—
Contents—Effect. (1) At the time of the filing of the foreign
judgment, the judgment creditor or the judgment creditor's
lawyer shall make and file with the clerk of court an affidavit
setting forth the name and last known post office address of
the judgment debtor, the judgment creditor, and the filing and
expiration date of the judgment in the originating jurisdiction.
(2) Promptly upon the filing of the foreign judgment and
the affidavit, the judgment creditor shall mail notice of the
filing of the foreign judgment to the judgment debtor at the
address given. The notice shall include the name and post
office address of the judgment creditor and the judgment
creditor's lawyer if any in this state. In addition, the judgment
creditor shall file proof of mailing with the clerk.
(3)(a) No execution or other process for enforcement of
a foreign judgment filed in the office of the clerk of a superior
court shall be allowed until ten days after the proof of mailing
has been filed with the clerk by the judgment creditor.
(b) No execution or other process for enforcement of a
foreign judgment filed in the office of the clerk of a district
court shall be allowed until fourteen days after the proof of
mailing has been filed with the clerk by the judgment creditor.
(c) Nothing in this section may be interpreted to extend
the expiration date of a foreign judgment beyond the expiration date under the laws of the jurisdiction where the judgment originated. [2003 c 43 § 2; 1997 c 358 § 1; 1994 c 185
§ 7; 1979 c 97 § 1; 1977 ex.s. c 45 § 2.]
Title 7
Title 7
SPECIAL PROCEEDINGS AND ACTIONS
Chapters
7.40
Injunctions.
7.68
Victims of crimes—Compensation, assistance.
7.70
Actions for injuries resulting from health care.
[2003 RCW Supp—page 25]
Chapter 7.40
7.80
7.84
Title 7 RCW: Special Proceedings and Actions
Civil infractions.
Natural resource infractions.
Chapter 7.40
Chapter 7.40 RCW
INJUNCTIONS
Sections
7.40.230
Injunctions—Fraud in obtaining telecommunications service.
(Effective July 1, 2004.)
7.40.230
7.40.230 Injunctions—Fraud in obtaining telecommunications service. (Effective July 1, 2004.) (1) Whenever it appears that any person is engaged in or about to
engage in any act that constitutes or will constitute a violation
of RCW 9.26A.110, 9.26A.115, or 9.26A.090, the prosecuting attorney, a telecommunications company, or any person
harmed by an alleged violation of RCW 9.26A.110,
9.26A.115, or 9.26A.090 may initiate a civil proceeding in
superior court to enjoin such violation, and may petition the
court to issue an order for the discontinuance of the specific
telephone service being used in violation of RCW 9.26A.110,
9.26A.115, or 9.26A.090.
(2) An action under this section shall be brought in the
county in which the unlawful act or acts are alleged to have
taken place, and shall be commenced by the filing of a verified complaint, or shall be accompanied by an affidavit.
(3) If it is shown to the satisfaction of the court, either by
verified complaint or affidavit, that a person is engaged in or
about to engage in any act that constitutes a violation of RCW
9.26A.110, 9.26A.115, or 9.26A.090, the court may issue a
temporary restraining order to abate and prevent the continuance or recurrence of the act. The court may direct the sheriff
to seize and retain until further order of the court any device
that is being used in violation of RCW 9.26A.110,
9.26A.115, or 9.26A.090. All property seized pursuant to the
order of the court shall remain in the custody of the court.
(4) The court may issue a permanent injunction to
restrain, abate or prevent the continuance or recurrence of the
violation of RCW 9.26A.110, 9.26A.115, or 9.26A.090. The
court may grant declaratory relief, mandatory orders, or any
other relief deemed necessary to accomplish the purposes of
the injunction. The court may retain jurisdiction of the case
for the purpose of enforcing its orders.
(5) If it is shown to the satisfaction of the court, either by
verified complaint or affidavit, that a person is engaged in or
is about to engage in any act that constitutes a violation of
RCW 9.26A.110, 9.26A.115, or 9.26A.090, the court may
issue an order which shall be promptly served upon the person in whose name the telecommunications device is listed,
requiring the party, within a reasonable time, to be fixed by
the court, from the time of service of the petition on the party,
to show cause before the judge why telephone service should
not promptly be discontinued. At the hearing the burden of
proof shall be on the complainant.
(6) Upon a finding by the court that the telecommunications device is being used or has been used in violation of
RCW 9.26A.110 or 9.26A.115, the court may issue an order
requiring the telephone company which is rendering service
over the device to disconnect such service. Upon receipt of
such order, which shall be served upon an officer of the telephone company by the sheriff or deputy of the county in
[2003 RCW Supp—page 26]
which the telecommunications device is installed, the telephone company shall proceed promptly to disconnect and
remove such device and discontinue all telephone service
until further order of the court, provided that the telephone
company may do so without breach of the peace or trespass.
(7) The telecommunications company that petitions the
court for the removal of any telecommunications device
under this section shall be a necessary party to any proceeding or action arising out of or under RCW 9.26A.110 or
9.26A.115.
(8) No telephone company shall be liable for any damages, penalty, or forfeiture, whether civil or criminal, for any
legal act performed in compliance with any order issued by
the court.
(9) Property seized pursuant to the direction of the court
that the court has determined to have been used in violation
of RCW 9.26A.110 or 9.26A.115 shall be forfeited after
notice and hearing. The court may remit or mitigate the forfeiture upon terms and conditions as the court deems reasonable if it finds that such forfeiture was incurred without gross
negligence or without any intent of the petitioner to violate
the law, or it finds the existence of such mitigating circumstances as to justify the remission or the mitigation of the forfeiture. In determining whether to remit or mitigate forfeiture, the court shall consider losses that may have been suffered by victims as the result of the use of the forfeited
property. [2003 c 53 § 5; 1990 c 11 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1990 c 11: See RCW 9.26A.900.
Chapter 7.68
Chapter 7.68 RCW
VICTIMS OF CRIMES—
COMPENSATION, ASSISTANCE
Sections
7.68.350
7.68.350
Washington state task force against the trafficking of persons.
7.68.350 Washington state task force against the trafficking of persons. (1) There is created the Washington state
task force against the trafficking of persons.
(2) The task force shall consist of the following members:
(a) The director of the office of community development, or the director's designee;
(b) The secretary of the department of health, or the secretary's designee;
(c) The secretary of the department of social and health
services, or the secretary's designee;
(d) The director of the department of labor and industries, or the director's designee;
(e) The commissioner of the employment security
department, or the commissioner's designee;
(f) Nine members, selected by the director of the office
of community development, that represent public and private
sector organizations that provide assistance to persons who
are victims of trafficking.
(3) The task force shall be chaired by the director of the
office of community development, or the director's designee.
(4) The task force shall carry out the following activities:
Actions for Injuries Resulting from Health Care
(a) Measure and evaluate the progress of the state in trafficking prevention activities;
(b) Identify available federal, state, and local programs
that provide services to victims of trafficking that include, but
are not limited to health care, human services, housing, education, legal assistance, job training or preparation, interpreting services, English as a second language classes, and victim's compensation; and
(c) Make recommendations on methods to provide a
coordinated system of support and assistance to persons who
are victims of trafficking.
(5) The task force shall report its supplemental findings
and recommendations to the governor and legislature by June
30, 2004.
(6) The office of community development shall provide
necessary administrative and clerical support to the task
force, within available resources.
(7) The members of the task force shall serve without
compensation, but shall be reimbursed for travel expenses as
provided in RCW 43.03.050 and 43.03.060, within available
resources.
(8) The task force expires June 30, 2004. [2003 c 266 §
1.]
Effective date—2003 c 266: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 14, 2003]." [2003 c 266 § 3.]
ing priority. However, no person under this section may provide informed consent to health care:
(a) If a person of higher priority under this section has
refused to give such authorization; or
(b) If there are two or more individuals in the same class
and the decision is not unanimous among all available members of that class.
(3) Before any person authorized to provide informed
consent on behalf of a patient not competent to consent exercises that authority, the person must first determine in good
faith that that patient, if competent, would consent to the proposed health care. If such a determination cannot be made,
the decision to consent to the proposed health care may be
made only after determining that the proposed health care is
in the patient's best interests. [2003 c 283 § 29; 1987 c 162 §
1.]
Severability—Part headings not law—2003 c 283: See RCW
71.32.900 and 71.32.901.
7.70.068
7.70.068 Informed consent—May be contained in
mental health advance directive. Consent to treatment or
admission contained in a validly executed mental health
advance directive constitutes informed consent for purposes
of this chapter. [2003 c 283 § 30.]
Severability—Part headings not law—2003 c 283: See RCW
71.32.900 and 71.32.901.
Chapter 7.80
Chapter 7.70 RCW
ACTIONS FOR INJURIES RESULTING FROM
HEALTH CARE
Chapter 7.70
7.70.065
7.70.068
7.70.065
Informed consent—Persons authorized to provide for patients
who are not competent—Priority.
Informed consent—May be contained in mental health
advance directive.
7.70.065 Informed consent—Persons authorized to
provide for patients who are not competent—Priority. (1)
Informed consent for health care for a patient who is not competent, as defined in RCW 11.88.010(1)(e), to consent may
be obtained from a person authorized to consent on behalf of
such patient. Persons authorized to provide informed consent
to health care on behalf of a patient who is not competent to
consent shall be a member of one of the following classes of
persons in the following order of priority:
(a) The appointed guardian of the patient, if any;
(b) The individual, if any, to whom the patient has given
a durable power of attorney that encompasses the authority to
make health care decisions;
(c) The patient's spouse;
(d) Children of the patient who are at least eighteen years
of age;
(e) Parents of the patient; and
(f) Adult brothers and sisters of the patient.
(2) If the physician seeking informed consent for proposed health care of the patient who is not competent to consent makes reasonable efforts to locate and secure authorization from a competent person in the first or succeeding class
and finds no such person available, authorization may be
given by any person in the next class in the order of descend-
Chapter 7.80 RCW
CIVIL INFRACTIONS
Sections
7.80.120
Sections
7.80.120
Monetary penalties—Restitution.
7.80.120
7.80.120 Monetary penalties—Restitution. (1) A person found to have committed a civil infraction shall be
assessed a monetary penalty.
(a) The maximum penalty and the default amount for a
class 1 civil infraction shall be two hundred fifty dollars, not
including statutory assessments, except for an infraction of
state law involving potentially dangerous litter as specified in
RCW 70.93.060(4) and an infraction of state law involving
violent video or computer games under RCW 9.91.180, in
which case the maximum penalty and default amount is five
hundred dollars;
(b) The maximum penalty and the default amount for a
class 2 civil infraction shall be one hundred twenty-five dollars, not including statutory assessments;
(c) The maximum penalty and the default amount for a
class 3 civil infraction shall be fifty dollars, not including
statutory assessments; and
(d) The maximum penalty and the default amount for a
class 4 civil infraction shall be twenty-five dollars, not
including statutory assessments.
(2) The supreme court shall prescribe by rule the conditions under which local courts may exercise discretion in
assessing fines for civil infractions.
(3) Whenever a monetary penalty is imposed by a court
under this chapter it is immediately payable. If the person is
unable to pay at that time the court may grant an extension of
the period in which the penalty may be paid. If the penalty is
not paid on or before the time established for payment, the
[2003 RCW Supp—page 27]
Chapter 7.84
Title 7 RCW: Special Proceedings and Actions
court may proceed to collect the penalty in the same manner
as other civil judgments and may notify the prosecuting
authority of the failure to pay.
(4) The court may also order a person found to have
committed a civil infraction to make restitution. [2003 c 365
§ 3; 2003 c 337 § 4; 1997 c 159 § 2; 1987 c 456 § 20.]
Reviser's note: This section was amended by 2003 c 337 § 4 and by
2003 c 365 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—2003 c 365: See note following RCW 9.91.180.
Findings—2003 c 337: See note following RCW 70.93.060.
Chapter 7.84
Chapter 7.84 RCW
NATURAL RESOURCE INFRACTIONS
Sections
7.84.020
7.84.040
"Infraction" defined.
Jurisdiction of court—Venue.
7.84.020
7.84.020 "Infraction" defined. Unless the context
clearly requires otherwise, the definition in this section
applies throughout this chapter.
"Infraction" means an offense which, by the terms of
Title 76, 77, 79, or 79A RCW or *chapter 43.30 RCW and
rules adopted under these titles and chapters, is declared not
to be a criminal offense and is subject to the provisions of this
chapter. [2003 c 39 § 3; 1999 c 249 § 503; 1993 c 244 § 3;
1987 c 380 § 2.]
*Reviser's note: Chapter 43.30 RCW was recodified or repealed in its
entirety by chapter 334, Laws of 2003. See Comparative Table for chapter
43.30 RCW in the Table of Disposition of Former RCW Sections, this volume.
Severability—1999 c 249: See note following RCW 79A.05.010.
Intent—1993 c 244: See note following RCW 79A.60.010.
7.84.040
7.84.040 Jurisdiction of court—Venue. (1) Infraction
proceedings may be heard and determined by a district court.
(2) Infraction proceedings shall be brought in the district
court district in which the infraction occurred. If an infraction takes place in the offshore waters, as defined in RCW
77.08.010, the infraction proceeding may be brought in any
county bordering on the Pacific Ocean. [2003 c 39 § 4; 1987
c 380 § 4.]
Title 8
Title 8
EMINENT DOMAIN
Chapters
8.26
Relocation assistance—Real property acquisition
policy.
Chapter 8.26 RCW
RELOCATION ASSISTANCE—REAL PROPERTY
ACQUISITION POLICY
Chapter 8.26
Sections
8.26.020
8.26.035
Definitions.
Payment for moving and related expenses.
8.26.020
8.26.020 Definitions. As used in this chapter:
[2003 RCW Supp—page 28]
(1) The term "state" means any department, commission,
agency, or instrumentality of the state of Washington.
(2) The term "local public agency" applies to any county,
city or town, or other municipal corporation or political subdivision of the state and any person who has the authority to
acquire property by eminent domain under state law, or any
instrumentality of any of the foregoing.
(3) The term "person" means any individual, partnership,
corporation, or association.
(4)(a) The term "displaced person" means, except as provided in (c) of this subsection, any person who moves from
real property, or moves his personal property from real property:
(i) As a direct result of a written notice of intent to
acquire, or the acquisition of, such real property in whole or
in part for a program or project undertaken by a displacing
agency; or
(ii) On which the person is a residential tenant or conducts a small business, a farm operation, or a business
defined in this section, as a direct result of rehabilitation,
demolition, or such other displacing activity as the lead
agency may prescribe, under a program or project undertaken
by a displacing agency in any case in which the displacing
agency determines that the displacement is permanent.
(b) Solely for the purposes of RCW 8.26.035 (1) and (2)
and 8.26.065, the term "displaced person" includes any person who moves from real property, or moves his personal
property from real property:
(i) As a direct result of a written notice of intent to
acquire, or the acquisition of, other real property in whole or
in part on which the person conducts a business or farm operation, for a program or project undertaken by a displacing
agency; or
(ii) As a direct result of rehabilitation, demolition, or
such other displacing activity as the lead agency may prescribe, of other real property on which the person conducts a
business or a farm operation, under a program or project
undertaken by a displacing agency where the displacing
agency determines that the displacement is permanent.
(c) The term "displaced person" does not include:
(i) A person who has been determined, according to criteria established by the lead agency, to be either unlawfully
occupying the displacement dwelling or to have occupied the
dwelling for the purpose of obtaining assistance under this
chapter; or
(ii) In any case in which the displacing agency acquires
property for a program or project, any person (other than a
person who was an occupant of the property at the time it was
acquired) who occupies the property on a rental basis for a
short term or a period subject to termination when the property is needed for the program or project.
(5) The term "business" means any lawful activity,
excepting a farm operation, conducted primarily:
(a) For the purchase, sale, lease, and rental of personal
and real property, and for the manufacture, processing, or
marketing of products, commodities, or other personal property;
(b) For the sale of services to the public;
(c) By a nonprofit organization; or
(d) Solely for the purposes of RCW 8.26.035, for assisting in the purchase, sale, resale, manufacture, processing, or
Crimes and Punishments
Title 9
8.26.035
marketing of products, commodities, personal property, or
services by the erection and maintenance of an outdoor
advertising display or displays, whether or not such display
or displays are located on the premises on which any of the
above activities are conducted.
(6) The term "farm operation" means any activity conducted solely or primarily for the production of one or more
agricultural products or commodities, including timber, for
sale or for home use, and customarily producing such products or commodities in sufficient quantity to be capable of
contributing materially to the operator's support.
(7) The term "comparable replacement dwelling" means
any dwelling that is (a) decent, safe, and sanitary; (b) adequate in size to accommodate the occupants; (c) within the
financial means of the displaced person; (d) functionally
equivalent; (e) in an area not subject to unreasonably adverse
environmental conditions; and (f) in a location generally not
less desirable than the location of the displaced person's
dwelling with respect to public utilities, facilities, services,
and the displaced person's place of employment.
(8) For purposes of RCW 8.26.180 through 8.26.200, the
term "acquiring agency" means:
(a) A state agency or local public agency that has the
authority to acquire property by eminent domain under state
law; or
(b) Any state agency, local public agency, or person that
(i) does not have the authority to acquire property by eminent
domain under state law and (ii) has been designated an
"acquiring agency" under rules adopted by the lead agency.
However, the lead agency may only designate a state agency,
local public agency, or a person as an "acquiring agency" to
the extent that it is necessary in order to qualify for federal
financial assistance.
(9) The term "displacing agency" means the state
agency, local public agency, or any person carrying out a program or project, with federal or state financial assistance, that
causes a person to be a displaced person.
(10) The term "federal financial assistance" means a
grant, loan, or contribution provided by the United States,
except any federal guarantee or insurance and any interest
reduction payment to an individual in connection with the
purchase and occupancy of a residence by that individual.
(11) The term "mortgage" means such classes of liens as
are commonly given to secure advances on, or the unpaid
purchase price of, real property, under the laws of this state,
together with the credit instruments, if any, secured thereby.
(12) The term "lead agency" means the Washington state
department of transportation.
(13) The term "appraisal" means a written statement
independently and impartially prepared by a qualified
appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by
the presentation and analysis of relevant market information.
[2003 c 254 § 1; 1988 c 90 § 2; 1972 ex.s. c 34 § 1; 1971 ex.s.
c 240 § 2.]
Section captions—1988 c 90: See note following RCW 8.26.010.
Application—1972 ex.s. c 34: "Sec. 2. The amendatory language contained in section 1 of this 1972 amendatory act shall apply only to persons
displaced after the effective date of this 1972 amendatory act [February 20,
1972]." [1972 ex.s. c 34 § 2.]
8.26.035 Payment for moving and related expenses.
(1) Whenever a program or project to be undertaken by a displacing agency will result in the displacement of any person,
the displacing agency shall provide for the payment to the
displaced person of:
(a) Actual reasonable expenses in moving himself or herself, or his or her family, business, farm operation, or other
personal property;
(b) Actual direct losses of tangible personal property as a
result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable
expenses that would have been required to relocate the property, in accordance with criteria established by the lead
agency;
(c) Actual reasonable expenses in searching for a
replacement business or farm; and
(d) Actual reasonable expenses necessary to reestablish a
displaced farm, nonprofit organization, or small business at
its new site, in accordance with criteria established by the
lead agency, but not to exceed fifty thousand dollars.
(2) A displaced person eligible for payments under subsection (1) of this section who is displaced from a dwelling
and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (1)
of this section may receive an expense and dislocation allowance determined according to a schedule established by the
lead agency.
(3) A displaced person eligible for payments under subsection (1) of this section who is displaced from the person's
place of business or farm operation and who is eligible under
criteria established by the lead agency may elect to accept the
payment authorized by this subsection in lieu of the payment
authorized by subsection (1) of this section. The payment
shall consist of a fixed payment in an amount to be determined according to criteria established by the lead agency,
except that the payment shall be not less than one thousand
dollars nor more than twenty thousand dollars. A person
whose sole business at the displacement dwelling is the rental
of that property to others does not qualify for a payment
under this subsection. [2003 c 357 § 1; 1988 c 90 § 3.]
Section captions—1988 c 90: See note following RCW 8.26.010.
Title 9
Title 9
CRIMES AND PUNISHMENTS
Chapters
9.05
Sabotage.
9.08
Animals, crimes relating to.
9.16
Brands and marks, crimes relating to.
9.18
Bidding offenses.
9.24
Corporations, crimes relating to.
9.26A Telecommunications crime.
9.35
Identity crimes.
9.40
Fire, crimes relating to.
9.41
Firearms and dangerous weapons.
9.45
Frauds and swindles.
9.46
Gambling—1973 act.
9.47
Gambling.
9.61
Malicious mischief—Injury to property.
9.62
Malicious prosecution—Abuse of process.
9.68
Obscenity and pornography.
[2003 RCW Supp—page 29]
Chapter 9.05
9.68A
9.81
9.82
9.86
9.91
9.92
9.94
9.94A
9.95
Title 9 RCW: Crimes and Punishments
Sexual exploitation of children.
Subversive activities.
Treason.
Flags, crimes relating to.
Miscellaneous crimes.
Punishment.
Prisoners—Correctional institutions.
Sentencing reform act of 1981.
Indeterminate sentences.
Chapter 9.08
Sections
9.08.065
9.08.070
9.08.072
9.08.074
9.08.076
Chapter 9.05
Chapter 9.05 RCW
Chapter 9.08 RCW
ANIMALS, CRIMES RELATING TO
9.08.078
SABOTAGE
Definitions. (Effective July 1, 2004.)
Pet animals—Taking, concealing, injuring, killing, etc.—Penalty. (Effective July 1, 2004.)
Transferring stolen pet animal to a research institution—Penalty. (Effective July 1, 2004.)
Transferring stolen pet animal to a person who has previously
sold a stolen pet animal to a research institution—Penalty.
(Effective July 1, 2004.)
Transferring stolen pet animal to a research institution by a
U.S.D.A. licensed dealer—Penalty. (Effective July 1, 2004.)
Illegal sale, receipt, or transfer of pet animals—Separate
offenses. (Effective July 1, 2004.)
(Formerly: Anarchy and sabotage)
9.08.065
Sections
9.05.030
9.05.060
Assemblages of saboteurs. (Effective July 1, 2004.)
Criminal sabotage defined—Penalty. (Effective July 1, 2004.)
9.05.030
9.05.030 Assemblages of saboteurs. (Effective July 1,
2004.) Whenever two or more persons assemble for the purpose of committing criminal sabotage, as defined in RCW
9.05.060, such an assembly is unlawful, and every person
voluntarily and knowingly participating therein by his or her
presence, aid, or instigation, is guilty of a class B felony and
shall be punished by imprisonment in a state correctional
facility for not more than ten years, or by a fine of not more
than five thousand dollars, or both. [2003 c 53 § 6; 1999 c
191 § 1; 1992 c 7 § 2; 1909 c 249 § 314; 1903 c 45 § 4; RRS
§ 2566.]
9.08.065 Definitions. (Effective July 1, 2004.) As used
in RCW 9.08.070 through 9.08.078:
(1) "Pet animal" means a tamed or domesticated animal
legally retained by a person and kept as a companion. "Pet
animal" does not include livestock raised for commercial purposes.
(2) "Research institution" means a facility licensed by
the United States department of agriculture to use animals in
biomedical or product research.
(3) "U.S.D.A. licensed dealer" means a person who is
licensed or required to be licensed by the United States
department of agriculture to commercially buy, receive, sell,
negotiate for sale, or transport animals. [2003 c 53 § 8; 1989
c 359 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.08.070
9.05.060 Criminal sabotage defined—Penalty.
(Effective July 1, 2004.) (1) Whoever, with intent that his or
her act shall, or with reason to believe that it may, injure,
interfere with, interrupt, supplant, nullify, impair, or obstruct
the owner's or operator's management, operation, or control
of any agricultural, stockraising, lumbering, mining, quarrying, fishing, manufacturing, transportation, mercantile, or
building enterprise, or any other public or private business or
commercial enterprise, wherein any person is employed for
wage, shall willfully damage or destroy, or attempt or
threaten to damage or destroy, any property whatsoever, or
shall unlawfully take or retain, or attempt or threaten unlawfully to take or retain, possession or control of any property,
instrumentality, machine, mechanism, or appliance used in
such business or enterprise, shall be guilty of criminal sabotage.
(2) Criminal sabotage is a class B felony punishable
according to chapter 9A.20 RCW. [2003 c 53 § 7; 1999 c 191
§ 2; 1919 c 173 § 1; RRS § 2563-3.]
9.08.070 Pet animals—Taking, concealing, injuring,
killing, etc.—Penalty. (Effective July 1, 2004.) (1) Any
person who, with intent to deprive or defraud the owner
thereof, does any of the following shall be guilty of a gross
misdemeanor punishable according to chapter 9A.20 RCW
and by a mandatory fine of not less than five hundred dollars
per pet animal, except as provided by subsection (2) of this
section:
(a) Takes, leads away, confines, secretes or converts any
pet animal, except in cases in which the value of the pet animal exceeds two hundred fifty dollars;
(b) Conceals the identity of any pet animal or its owner
by obscuring, altering, or removing from the pet animal any
collar, tag, license, tattoo, or other identifying device or
mark;
(c) Willfully or recklessly kills or injures any pet animal,
unless excused by law.
(2) Nothing in this section shall prohibit a person from
also being convicted of separate offenses under RCW
9A.56.030, 9A.56.040, or 9A.56.050 for theft or under RCW
9A.56.150, 9A.56.160, or 9A.56.170 for possession of stolen
property. [2003 c 53 § 9; 1989 c 359 § 2; 1982 c 114 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Endangering life by breach of labor contract: RCW 49.44.080.
Application of Consumer Protection Act: RCW 19.86.145.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.05.060
Excessive steam in boilers: RCW 70.54.080.
Malicious injury to railroad property: RCW 81.60.070.
Malicious mischief—Injury to property: Chapter 9A.48 RCW.
Sabotaging rolling stock: RCW 81.60.080.
[2003 RCW Supp—page 30]
9.08.072
9.08.072 Transferring stolen pet animal to a research
institution—Penalty. (Effective July 1, 2004.) (1) It is
unlawful for any person to receive with intent to sell to a
research institution in the state of Washington, or sell or oth-
Brands and Marks, Crimes Relating to
erwise directly transfer to a research institution in the state of
Washington, a pet animal that the person knows or has reason
to know has been stolen or fraudulently obtained. This section does not apply to U.S.D.A. licensed dealers.
(2) The first conviction under this section is a gross misdemeanor punishable according to chapter 9A.20 RCW and
by a mandatory fine of not less than five hundred dollars per
pet animal.
(3) A second or subsequent conviction under this section
is a class C felony punishable according to chapter 9A.20
RCW and by a mandatory fine of not less than one thousand
dollars per pet animal.
(4) Nothing in this section shall prohibit a person from
also being convicted of separate offenses under RCW
9A.56.030, 9A.56.040, or 9A.56.050 for theft or under RCW
9A.56.150, 9A.56.160, or 9A.56.170 for possession of stolen
property. [2003 c 53 § 10.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.08.074
9.08.074 Transferring stolen pet animal to a person
who has previously sold a stolen pet animal to a research
institution—Penalty. (Effective July 1, 2004.) (1) It is
unlawful for any person, who knows or has reason to know
that a pet animal has been stolen or fraudulently obtained, to
sell or otherwise transfer the pet animal to another who the
person knows or has reason to know has previously sold a
stolen or fraudulently obtained pet animal to a research institution in the state of Washington.
(2) A conviction under this section is a class C felony
punishable according to chapter 9A.20 RCW and by a mandatory fine of not less than one thousand dollars per pet animal. [2003 c 53 § 11.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.08.076
9.08.076 Transferring stolen pet animal to a research
institution by a U.S.D.A. licensed dealer—Penalty.
(Effective July 1, 2004.) (1) It is unlawful for a U.S.D.A.
licensed dealer to receive with intent to sell, or sell or transfer
directly or through a third party, to a research institution in
the state of Washington, a pet animal that the dealer knows or
has reason to know has been stolen or fraudulently obtained.
(2) A conviction under this section is a class C felony
punishable according to chapter 9A.20 RCW and by a mandatory fine of not less than one thousand dollars per pet animal. [2003 c 53 § 12.]
Chapter 9.18
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 9.16 RCW
BRANDS AND MARKS, CRIMES RELATING TO
Chapter 9.16
Sections
9.16.080
9.16.090
Petroleum products improperly labeled or graded—Penalty.
(Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
9.16.080
9.16.080 Petroleum products improperly labeled or
graded—Penalty. (Effective July 1, 2004.) (1) It shall be
unlawful for any person, firm, or corporation:
(a) To use, adopt, place upon, or permit to be used,
adopted or placed upon, any barrel, tank, drum or other container of gasoline or lubricating oil for internal combustion
engines, sold or offered for sale, or upon any pump or other
device used in delivering the same, any trade name, trademark, designation or other descriptive matter, which is not
the true and correct trade name, trademark, designation or
other descriptive matter of the gasoline or lubricating oil so
sold or offered for sale;
(b) To sell, or offer for sale, or have in his or her or its
possession with intent to sell, any gasoline or lubricating oil,
contained in, or taken from, or through any barrel, tank,
drum, or other container or pump or other device, so unlawfully labeled or marked, as hereinabove provided;
(c) To sell, or offer for sale, or have in his or her or its
possession with intent to sell any gasoline or lubricating oil
for internal combustion engines and to represent to the purchaser, or prospective purchaser, that such gasoline or lubricating oil so sold or offered for sale, is of a quality, grade or
standard, or the product of a particular gasoline or lubricating
oil manufacturing, refining or distributing company or association, other than the true quality, grade, standard, or the
product of a particular gasoline or oil manufacturing, refining
or distributing company or association, of the gasoline or oil
so offered for sale or sold.
(2)(a) Except as provided in (b) of this subsection, any
person, firm, or corporation violating this section is guilty of
a misdemeanor.
(b) A second and each subsequent violation of this section is a gross misdemeanor. [2003 c 53 § 14; 1927 c 222 §
1; RRS § 2637-1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.16.090
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.16.090 Repealed. (Effective July 1, 2004.) See Supplementary Table of Disposition of Former RCW Sections,
this volume.
9.08.078
9.08.078 Illegal sale, receipt, or transfer of pet animals—Separate offenses. (Effective July 1, 2004.) (1) The
sale, receipt, or transfer of each individual pet animal in violation of RCW 9.08.070 through 9.08.078 constitutes a separate offense.
(2) The provisions of RCW 9.08.070 through 9.08.078
shall not apply to the lawful acts of any employee, agent, or
director of any humane society, animal control agency, or
animal shelter operated by or on behalf of any government
agency, operating under law. [2003 c 53 § 13.]
Chapter 9.18
Chapter 9.18 RCW
BIDDING OFFENSES
(Formerly: Bribery and grafting)
Sections
9.18.120
9.18.130
9.18.140
Suppression of competitive bidding. (Effective July 1, 2004.)
Collusion to prevent competitive bidding—Penalty. (Effective
July 1, 2004.)
Repealed. (Effective July 1, 2004.)
[2003 RCW Supp—page 31]
9.18.120
Title 9 RCW: Crimes and Punishments
9.18.120
9.18.120 Suppression of competitive bidding. (Effective July 1, 2004.) (1) When any competitive bid or bids are
to be or have been solicited, requested, or advertised for by
the state of Washington, or any county, city, town or other
municipal corporation therein, or any department of either
thereof, for any work or improvement to be done or constructed for or by such state, county, city, town, or other
municipal corporation, or any department of either thereof, it
shall be unlawful for any person acting for himself or herself
or as agent of another, or as agent for or as a member of any
partnership, unincorporated firm or association, or as an
officer or agent of any corporation, to offer, give, or promise
to give, any money, check, draft, property, or other thing of
value, to another or to any firm, association, or corporation
for the purpose of inducing such other person, firm, association, or corporation, either to refrain from submitting any
bids upon such public work or improvement, or to enter into
any agreement, understanding or arrangement whereby full
and unrestricted competition for the securing of such public
work will be suppressed, prevented, or eliminated; and it
shall be unlawful for any person to solicit, accept, or receive
any money, check, draft, property, or other thing of value
upon a promise or understanding, express or implied, that he
or she individually or as an agent or officer of another person,
persons, or corporation, will refrain from bidding upon such
public work or improvement, or that he or she will on behalf
of himself or herself or such others submit or permit another
to submit for him or her any bid upon such public work or
improvement in such sum as to eliminate full and unrestricted
competition thereon.
(2) A person violating this section is guilty of a gross
misdemeanor. [2003 c 53 § 15; 1921 c 12 § 1; RRS § 23331.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.18.130
9.18.130 Collusion to prevent competitive bidding—
Penalty. (Effective July 1, 2004.) (1) It shall be unlawful for
any person for himself or herself or as an agent or officer of
any other person, persons, or corporation to in any manner
enter into collusion or an understanding with any other person, persons, or corporation to prevent or eliminate full and
unrestricted competition upon any public work or improvement mentioned in RCW 9.18.120.
(2) A person violating this section is guilty of a gross
misdemeanor. [2003 c 53 § 16; 1921 c 12 § 2; RRS § 23332.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.18.140
9.18.140 Repealed. (Effective July 1, 2004.) See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Chapter 9.24 RCW
CORPORATIONS, CRIMES RELATING TO
Chapter 9.24
Sections
9.24.020
9.24.030
9.24.050
Fraudulent issue of stock, scrip, etc. (Effective July 1, 2004.)
Insolvent bank receiving deposit. (Effective July 1, 2004.)
False report of corporation. (Effective July 1, 2004.)
[2003 RCW Supp—page 32]
9.24.020
9.24.020 Fraudulent issue of stock, scrip, etc. (Effective July 1, 2004.) Every officer, agent or other person in the
service of a joint stock company or corporation, domestic or
foreign, who, willfully and knowingly with intent to defraud:
(1) Sells, pledges, or issues, or causes to be sold,
pledged, or issued, or signs or executes, or causes to be
signed or executed, with intent to sell, pledge, or issue, or
cause to be sold, pledged, or issued, any certificate or instrument purporting to be a certificate or evidence of ownership
of any share or shares of such company or corporation, or any
conveyance or encumbrance of real or personal property,
contract, bond, or evidence of debt, or writing purporting to
be a conveyance or encumbrance of real or personal property,
contract, bond or evidence of debt of such company or corporation, without being first duly authorized by such company
or corporation, or contrary to the charter or laws under which
such company or corporation exists, or in excess of the power
of such company or corporation, or of the limit imposed by
law or otherwise upon its power to create or issue stock or
evidence of debt; or,
(2) Reissues, sells, pledges, disposes of, or causes to be
reissued, sold, pledged, or disposed of, any surrendered or
canceled certificate or other evidence of the transfer of ownership of any such share or shares
is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not more than ten
years, or by a fine of not more than five thousand dollars, or
by both. [2003 c 53 § 17; 1992 c 7 § 5; 1909 c 249 § 387;
RRS § 2639. Formerly RCW 9.37.070.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.24.030
9.24.030 Insolvent bank receiving deposit. (Effective
July 1, 2004.) Every owner, officer, stockholder, agent or
employee of any person, firm, corporation or association
engaged, wholly or in part, in the business of banking or
receiving money or negotiable paper or securities on deposit
or in trust, who shall accept or receive, with or without interest, any deposit, or who shall consent thereto or connive
thereat, when he or she knows or has good reason to believe
that such person, firm, corporation or association is unsafe or
insolvent, is guilty of a class B felony and shall be punished
by imprisonment in a state correctional facility for not more
than ten years, or by a fine of not more than ten thousand dollars. [2003 c 53 § 18; 1992 c 7 § 6; 1909 c 249 § 388; 1893 c
111 § 1; RRS § 2640. Formerly RCW 9.45.140.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Application to mutual savings banks: RCW 32.04.120.
Receiving deposits by bank after insolvency: State Constitution Art. 12 § 12,
RCW 30.44.120.
9.24.050
9.24.050 False report of corporation. (Effective July
1, 2004.) Every director, officer or agent of any corporation
or joint stock association, and every person engaged in organizing or promoting any enterprise, who shall knowingly
make or publish or concur in making or publishing any written prospectus, report, exhibit or statement of its affairs or
pecuniary condition, containing any material statement that is
false or exaggerated, is guilty of a class B felony and shall be
punished by imprisonment in a state correctional facility for
Telecommunications Crime
not more than ten years, or by a fine of not more than five
thousand dollars. [2003 c 53 § 19; 1992 c 7 § 7; 1909 c 249
§ 390; RRS § 2642. Formerly RCW 9.38.040.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Application to mutual savings banks: RCW 32.04.120.
Chapter 9.26A
Chapter 9.26A RCW
TELECOMMUNICATIONS CRIME
9.35.020
to conceal the existence or place of origin or destination of
any telephone or telegraph message; or
(2) Sells, gives, or otherwise transfers to another plans or
instructions for making or assembling a telecommunications
device described in subsection (1) of this section with knowledge or reason to believe that the plans may be used to make
or assemble such device. [2003 c 53 § 21.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
(Formerly: Credit cards, crimes relating to)
Chapter 9.35
Sections
9.26A.110
9.26A.115
Chapter 9.35 RCW
IDENTITY CRIMES
Fraud in obtaining telecommunications service—Penalty.
(Effective July 1, 2004.)
Fraud in obtaining telecommunications service—Use of telecommunications device—Penalty. (Effective July 1, 2004.)
Sections
9.35.020
Identity theft. (Effective July 1, 2004.)
9.35.020
9.26A.110
9.26A.110 Fraud in obtaining telecommunications
service—Penalty. (Effective July 1, 2004.) (1) Every person who, with intent to evade the provisions of any order or
rule of the Washington utilities and transportation commission or of any tariff, price list, contract, or any other filing
lawfully submitted to the commission by any telephone, telegraph, or telecommunications company, or with intent to
defraud, obtains telephone, telegraph, or telecommunications
service from any telephone, telegraph, or telecommunications company through: (a) The use of a false or fictitious
name or telephone number; (b) the unauthorized use of the
name or telephone number of another; (c) the physical or
electronic installation of, rearrangement of, or tampering
with any equipment, or use of a telecommunications device;
(d) the commission of computer trespass; or (e) any other
trick, deceit, or fraudulent device, is guilty of a misdemeanor.
(2) If the value of the telephone, telegraph, or telecommunications service that any person obtains in violation of
this section during a period of ninety days exceeds fifty dollars in the aggregate, then such person is guilty of a gross
misdemeanor.
(3) If the value of the telephone, telegraph, or telecommunications service that any person obtains in violation of
this section during a period of ninety days exceeds two hundred fifty dollars in the aggregate, then such person is guilty
of a class C felony punishable according to chapter 9A.20
RCW.
(4) For any act that constitutes a violation of both this
section and RCW 9.26A.115 the provisions of RCW
9.26A.115 shall be exclusive. [2003 c 53 § 20; 1990 c 11 § 2;
1981 c 252 § 1; 1977 ex.s. c 42 § 1; 1974 ex.s. c 160 § 2; 1972
ex.s. c 75 § 1; 1955 c 114 § 1. Formerly RCW 9.45.240.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Injunctive relief for violations: RCW 7.40.230.
9.26A.115
9.26A.115 Fraud in obtaining telecommunications
service—Use of telecommunications device—Penalty.
(Effective July 1, 2004.) Every person is guilty of a class B
felony punishable according to chapter 9A.20 RCW who:
(1) Makes, possesses, sells, gives, or otherwise transfers
to another a telecommunications device with intent to use it
or with knowledge or reason to believe it is intended to be
used to avoid any lawful telephone or telegraph toll charge or
9.35.020 Identity theft. (Effective July 1, 2004.) (1)
No person may knowingly obtain, possess, use, or transfer a
means of identification or financial information of another
person, living or dead, with the intent to commit, or to aid or
abet, any crime.
(2) Violation of this section when the accused or an
accomplice uses the victim's means of identification or financial information and obtains an aggregate total of credit,
money, goods, services, or anything else of value in excess of
one thousand five hundred dollars in value shall constitute
identity theft in the first degree. Identity theft in the first
degree is a class B felony punishable according to chapter
9A.20 RCW.
(3) Violation of this section when the accused or an
accomplice uses the victim's means of identification or financial information and obtains an aggregate total of credit,
money, goods, services, or anything else of value that is less
than one thousand five hundred dollars in value, or when no
credit, money, goods, services, or anything of value is
obtained shall constitute identity theft in the second degree.
Identity theft in the second degree is a class C felony punishable according to chapter 9A.20 RCW.
(4) A person who violates this section is liable for civil
damages of five hundred dollars or actual damages, whichever is greater, including costs to repair the victim's credit
record, and reasonable attorneys' fees as determined by the
court.
(5) In a proceeding under this section, the crime will be
considered to have been committed in any locality where the
person whose means of identification or financial information was appropriated resides, or in which any part of the
offense took place, regardless of whether the defendant was
ever actually in that locality.
(6) The provisions of this section do not apply to any person who obtains another person's driver's license or other
form of identification for the sole purpose of misrepresenting
his or her age.
(7) In a proceeding under this section in which a person's
means of identification or financial information was used
without that person's authorization, and when there has been
a conviction, the sentencing court may issue such orders as
are necessary to correct a public record that contains false
information resulting from a violation of this section. [2003
c 53 § 22; 2001 c 217 § 9; 1999 c 368 § 3.]
[2003 RCW Supp—page 33]
Chapter 9.40
Title 9 RCW: Crimes and Punishments
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Captions not law—2001 c 217: See note following RCW 9.35.005.
Chapter 9.40
Chapter 9.40 RCW
FIRE, CRIMES RELATING TO
9.41.040
9.41.042
9.41.050
9.41.098
9.41.040
Sections
9.40.100
9.40.105
9.40.120
Tampering with fire alarm or fire fighting equipment—False
alarm—Penalties. (Effective July 1, 2004.)
Tampering with fire alarm or fire fighting equipment—Intent
to commit arson—Penalty. (Effective July 1, 2004.)
Incendiary devices—Penalty. (Effective July 1, 2004.)
9.40.100
9.40.100 Tampering with fire alarm or fire fighting
equipment—False alarm—Penalties. (Effective July 1,
2004.) Any person who willfully and without cause tampers
with, molests, injures or breaks any public or private fire
alarm apparatus, emergency phone, radio, or other wire or
signal, or any fire fighting equipment, or who willfully and
without having reasonable grounds for believing a fire exists,
sends, gives, transmits, or sounds any false alarm of fire, by
shouting in a public place or by means of any public or private fire alarm system or signal, or by telephone, is guilty of
a misdemeanor. This provision shall not prohibit the testing
of fire alarm systems by persons authorized to do so, by a fire
department or the chief of the Washington state patrol,
through the director of fire protection. [2003 c 53 § 23; 1995
c 369 § 3; 1990 c 177 § 1; 1986 c 266 § 80; 1967 c 204 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1990 c 177: See RCW 18.160.902.
Severability—1986 c 266: See note following RCW 38.52.005.
9.40.105
9.40.105 Tampering with fire alarm or fire fighting
equipment—Intent to commit arson—Penalty. (Effective
July 1, 2004.) Any person who willfully and without cause
tampers with, molests, injures, or breaks any public or private
fire alarm apparatus, emergency phone, radio, or other wire
or signal, or any fire fighting equipment with the intent to
commit arson, is guilty of a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 24.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.40.120
9.40.120 Incendiary devices—Penalty. (Effective
July 1, 2004.) Every person who possesses, manufactures, or
disposes of an incendiary device knowing it to be such is
guilty of a class B felony punishable according to chapter
9A.20 RCW, and upon conviction, shall be punished by
imprisonment in a state prison for a term of not more than ten
years. [2003 c 53 § 25; 1999 c 352 § 5; 1971 ex.s. c 302 § 4;
1969 ex.s. c 79 § 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Application—1999 c 352 §§ 3-5: See note following RCW 9.94A.515.
Severability—1971 ex.s. c 302: See note following RCW 9.41.010.
Chapter 9.41 RCW
FIREARMS AND DANGEROUS WEAPONS
Chapter 9.41
Sections
[2003 RCW Supp—page 34]
Unlawful possession of firearms—Ownership, possession by
certain persons—Penalties. (Effective July 1, 2004.)
Children—Permissible firearm possession. (Effective July 1,
2004.)
Carrying firearms. (Effective July 1, 2004.)
Forfeiture of firearms—Disposition—Confiscation.
9.41.040 Unlawful possession of firearms—Ownership, possession by certain persons—Penalties. (Effective
July 1, 2004.) (1)(a) A person, whether an adult or juvenile,
is guilty of the crime of unlawful possession of a firearm in
the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted in this state or elsewhere of any serious offense as defined in this chapter.
(b) Unlawful possession of a firearm in the first degree is
a class B felony punishable according to chapter 9A.20
RCW.
(2)(a) A person, whether an adult or juvenile, is guilty of
the crime of unlawful possession of a firearm in the second
degree, if the person does not qualify under subsection (1) of
this section for the crime of unlawful possession of a firearm
in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm:
(i) After having previously been convicted in this state or
elsewhere of any felony not specifically listed as prohibiting
firearm possession under subsection (1) of this section, or any
of the following crimes when committed by one family or
household member against another, committed on or after
July 1, 1993: Assault in the fourth degree, coercion, stalking,
reckless endangerment, criminal trespass in the first degree,
or violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from
a residence (RCW 26.50.060, 26.50.070, 26.50.130, or
10.99.040);
(ii) After having previously been involuntarily committed for mental health treatment under RCW 71.05.320,
71.34.090, chapter 10.77 RCW, or equivalent statutes of
another jurisdiction, unless his or her right to possess a firearm has been restored as provided in RCW 9.41.047;
(iii) If the person is under eighteen years of age, except
as provided in RCW 9.41.042; and/or
(iv) If the person is free on bond or personal recognizance pending trial, appeal, or sentencing for a serious
offense as defined in RCW 9.41.010.
(b) Unlawful possession of a firearm in the second
degree is a class C felony punishable according to chapter
9A.20 RCW.
(3) Notwithstanding RCW 9.41.047 or any other provisions of law, as used in this chapter, a person has been "convicted", whether in an adult court or adjudicated in a juvenile
court, at such time as a plea of guilty has been accepted, or a
verdict of guilty has been filed, notwithstanding the pendency
of any future proceedings including but not limited to sentencing or disposition, post-trial or post-factfinding motions,
and appeals. Conviction includes a dismissal entered after a
period of probation, suspension or deferral of sentence, and
also includes equivalent dispositions by courts in jurisdictions other than Washington state. A person shall not be precluded from possession of a firearm if the conviction has
been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of
Firearms and Dangerous Weapons
the rehabilitation of the person convicted or the conviction or
disposition has been the subject of a pardon, annulment, or
other equivalent procedure based on a finding of innocence.
Where no record of the court's disposition of the charges can
be found, there shall be a rebuttable presumption that the person was not convicted of the charge.
(4) Notwithstanding subsection (1) or (2) of this section,
a person convicted of an offense prohibiting the possession of
a firearm under this section other than murder, manslaughter,
robbery, rape, indecent liberties, arson, assault, kidnapping,
extortion, burglary, or violations with respect to controlled
substances under RCW 69.50.401 and 69.50.410, who
received a probationary sentence under RCW 9.95.200, and
who received a dismissal of the charge under RCW 9.95.240,
shall not be precluded from possession of a firearm as a result
of the conviction. Notwithstanding any other provisions of
this section, if a person is prohibited from possession of a
firearm under subsection (1) or (2) of this section and has not
previously been convicted of a sex offense prohibiting firearm ownership under subsection (1) or (2) of this section
and/or any felony defined under any law as a class A felony
or with a maximum sentence of at least twenty years, or both,
the individual may petition a court of record to have his or her
right to possess a firearm restored:
(a) Under RCW 9.41.047; and/or
(b)(i) If the conviction was for a felony offense, after five
or more consecutive years in the community without being
convicted or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no
prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW
9.94A.525; or
(ii) If the conviction was for a nonfelony offense, after
three or more consecutive years in the community without
being convicted or currently charged with any felony, gross
misdemeanor, or misdemeanor crimes, if the individual has
no prior felony convictions that prohibit the possession of a
firearm counted as part of the offender score under RCW
9.94A.525 and the individual has completed all conditions of
the sentence.
(5) In addition to any other penalty provided for by law,
if a person under the age of eighteen years is found by a court
to have possessed a firearm in a vehicle in violation of subsection (1) or (2) of this section or to have committed an
offense while armed with a firearm during which offense a
motor vehicle served an integral function, the court shall
notify the department of licensing within twenty-four hours
and the person's privilege to drive shall be revoked under
RCW 46.20.265.
(6) Nothing in chapter 129, Laws of 1995 shall ever be
construed or interpreted as preventing an offender from being
charged and subsequently convicted for the separate felony
crimes of theft of a firearm or possession of a stolen firearm,
or both, in addition to being charged and subsequently convicted under this section for unlawful possession of a firearm
in the first or second degree. Notwithstanding any other law,
if the offender is convicted under this section for unlawful
possession of a firearm in the first or second degree and for
the felony crimes of theft of a firearm or possession of a stolen firearm, or both, then the offender shall serve consecutive
9.41.042
sentences for each of the felony crimes of conviction listed in
this subsection.
(7) Each firearm unlawfully possessed under this section
shall be a separate offense. [2003 c 53 § 26; 1997 c 338 § 47;
1996 c 295 § 2. Prior: 1995 c 129 § 16 (Initiative Measure
No. 159); 1994 sp.s. c 7 § 402; prior: 1992 c 205 § 118; 1992
c 168 § 2; 1983 c 232 § 2; 1961 c 124 § 3; 1935 c 172 § 4;
RRS § 2516-4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010.
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
Severability—1992 c 168: See note following RCW 9.41.070.
Severability—1983 c 232: See note following RCW 9.41.010.
9.41.042
9.41.042 Children—Permissible firearm possession.
(Effective July 1, 2004.) RCW 9.41.040(2)(a)(iii) shall not
apply to any person under the age of eighteen years who is:
(1) In attendance at a hunter's safety course or a firearms
safety course;
(2) Engaging in practice in the use of a firearm or target
shooting at an established range authorized by the governing
body of the jurisdiction in which such range is located or any
other area where the discharge of a firearm is not prohibited;
(3) Engaging in an organized competition involving the
use of a firearm, or participating in or practicing for a performance by an organized group that uses firearms as a part of
the performance;
(4) Hunting or trapping under a valid license issued to
the person under Title 77 RCW;
(5) In an area where the discharge of a firearm is permitted, is not trespassing, and the person either: (a) Is at least
fourteen years of age, has been issued a hunter safety certificate, and is using a lawful firearm other than a pistol; or (b) is
under the supervision of a parent, guardian, or other adult
approved for the purpose by the parent or guardian;
(6) Traveling with any unloaded firearm in the person's
possession to or from any activity described in subsection (1),
(2), (3), (4), or (5) of this section;
(7) On real property under the control of his or her parent, other relative, or legal guardian and who has the permission of the parent or legal guardian to possess a firearm;
(8) At his or her residence and who, with the permission
of his or her parent or legal guardian, possesses a firearm for
the purpose of exercising the rights specified in RCW
9A.16.020(3); or
(9) Is a member of the armed forces of the United States,
national guard, or organized reserves, when on duty. [2003 c
53 § 27; 1999 c 143 § 2; 1994 sp.s. c 7 § 403.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
[2003 RCW Supp—page 35]
9.41.050
Title 9 RCW: Crimes and Punishments
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010.
9.41.050
9.41.050 Carrying firearms. (Effective July 1, 2004.)
(1)(a) Except in the person's place of abode or fixed place of
business, a person shall not carry a pistol concealed on his or
her person without a license to carry a concealed pistol.
(b) Every licensee shall have his or her concealed pistol
license in his or her immediate possession at all times that he
or she is required by this section to have a concealed pistol
license and shall display the same upon demand to any police
officer or to any other person when and if required by law to
do so. Any violation of this subsection (1)(b) shall be a class
1 civil infraction under chapter 7.80 RCW and shall be punished accordingly pursuant to chapter 7.80 RCW and the
infraction rules for courts of limited jurisdiction.
(2)(a) A person shall not carry or place a loaded pistol in
any vehicle unless the person has a license to carry a concealed pistol and: (i) The pistol is on the licensee's person,
(ii) the licensee is within the vehicle at all times that the pistol
is there, or (iii) the licensee is away from the vehicle and the
pistol is locked within the vehicle and concealed from view
from outside the vehicle.
(b) A violation of this subsection is a misdemeanor.
(3)(a) A person at least eighteen years of age who is in
possession of an unloaded pistol shall not leave the unloaded
pistol in a vehicle unless the unloaded pistol is locked within
the vehicle and concealed from view from outside the vehicle.
(b) A violation of this subsection is a misdemeanor.
(4) Nothing in this section permits the possession of firearms illegal to possess under state or federal law. [2003 c 53
§ 28; 1997 c 200 § 1; 1996 c 295 § 4; 1994 sp.s. c 7 § 405;
1982 1st ex.s. c 47 § 3; 1961 c 124 § 4; 1935 c 172 § 5; RRS
§ 2516-5.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010.
Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.
9.41.098
9.41.098 Forfeiture of firearms—Disposition—Confiscation. (1) The superior courts and the courts of limited
jurisdiction of the state may order forfeiture of a firearm
which is proven to be:
(a) Found concealed on a person not authorized by RCW
9.41.060 or 9.41.070 to carry a concealed pistol: PROVIDED, That it is an absolute defense to forfeiture if the person possessed a valid Washington concealed pistol license
within the preceding two years and has not become ineligible
for a concealed pistol license in the interim. Before the firearm may be returned, the person must pay the past due
renewal fee and the current renewal fee;
(b) Commercially sold to any person without an application as required by RCW 9.41.090;
(c) In the possession of a person prohibited from possessing the firearm under RCW 9.41.040 or 9.41.045;
[2003 RCW Supp—page 36]
(d) In the possession or under the control of a person at
the time the person committed or was arrested for committing
a felony or committing a nonfelony crime in which a firearm
was used or displayed;
(e) In the possession of a person who is in any place in
which a concealed pistol license is required, and who is under
the influence of any drug or under the influence of intoxicating liquor, as defined in chapter 46.61 RCW;
(f) In the possession of a person free on bail or personal
recognizance pending trial, appeal, or sentencing for a felony
or for a nonfelony crime in which a firearm was used or displayed, except that violations of Title 77 RCW shall not
result in forfeiture under this section;
(g) In the possession of a person found to have been
mentally incompetent while in possession of a firearm when
apprehended or who is thereafter committed pursuant to
chapter 10.77 or 71.05 RCW;
(h) Used or displayed by a person in the violation of a
proper written order of a court of general jurisdiction; or
(i) Used in the commission of a felony or of a nonfelony
crime in which a firearm was used or displayed.
(2) Upon order of forfeiture, the court in its discretion
may order destruction of any forfeited firearm. A court may
temporarily retain forfeited firearms needed for evidence.
(a) Except as provided in (b), (c), and (d) of this subsection, firearms that are: (i) Judicially forfeited and no longer
needed for evidence; or (ii) forfeited due to a failure to make
a claim under RCW 63.32.010 or 63.40.010; may be disposed
of in any manner determined by the local legislative authority. Any proceeds of an auction or trade may be retained by
the legislative authority. This subsection (2)(a) applies only
to firearms that come into the possession of the law enforcement agency after June 30, 1993.
By midnight, June 30, 1993, every law enforcement
agency shall prepare an inventory, under oath, of every firearm that has been judicially forfeited, has been seized and
may be subject to judicial forfeiture, or that has been, or may
be, forfeited due to a failure to make a claim under RCW
63.32.010 or 63.40.010.
(b) Except as provided in (c) of this subsection, of the
inventoried firearms a law enforcement agency shall destroy
illegal firearms, may retain a maximum of ten percent of
legal forfeited firearms for agency use, and shall either:
(i) Comply with the provisions for the auction of firearms in RCW 9.41.098 that were in effect immediately preceding May 7, 1993; or
(ii) Trade, auction, or arrange for the auction of, rifles
and shotguns. In addition, the law enforcement agency shall
either trade, auction, or arrange for the auction of, short firearms, or shall pay a fee of twenty-five dollars to the state treasurer for every short firearm neither auctioned nor traded, to
a maximum of fifty thousand dollars. The fees shall be
accompanied by an inventory, under oath, of every short firearm listed in the inventory required by (a) of this subsection,
that has been neither traded nor auctioned. The state treasurer shall credit the fees to the firearms range account established in RCW 79A.25.210. All trades or auctions of firearms under this subsection shall be to licensed dealers. Proceeds of any auction less costs, including actual costs of
storage and sale, shall be forwarded to the firearms range
account established in RCW 79A.25.210.
Frauds and Swindles
9.45.210
9.45.020
(c) Antique firearms and firearms recognized as curios,
relics, and firearms of particular historical significance by the
United States treasury department bureau of alcohol, tobacco,
and firearms are exempt from destruction and shall be disposed of by auction or trade to licensed dealers.
(d) Firearms in the possession of the Washington state
patrol on or after May 7, 1993, that are judicially forfeited
and no longer needed for evidence, or forfeited due to a failure to make a claim under RCW 63.35.020, must be disposed
of as follows: (i) Firearms illegal for any person to possess
must be destroyed; (ii) the Washington state patrol may retain
a maximum of ten percent of legal firearms for agency use;
and (iii) all other legal firearms must be auctioned or traded
to licensed dealers. The Washington state patrol may retain
any proceeds of an auction or trade.
(3) The court shall order the firearm returned to the
owner upon a showing that there is no probable cause to
believe a violation of subsection (1) of this section existed or
the firearm was stolen from the owner or the owner neither
had knowledge of nor consented to the act or omission
involving the firearm which resulted in its forfeiture.
(4) A law enforcement officer of the state or of any
county or municipality may confiscate a firearm found to be
in the possession of a person under circumstances specified
in subsection (1) of this section. After confiscation, the firearm shall not be surrendered except: (a) To the prosecuting
attorney for use in subsequent legal proceedings; (b) for disposition according to an order of a court having jurisdiction
as provided in subsection (1) of this section; or (c) to the
owner if the proceedings are dismissed or as directed in subsection (3) of this section. [2003 c 39 § 5; 1996 c 295 § 10;
1994 sp.s. c 7 § 414; 1993 c 243 § 1; 1989 c 222 § 8; 1988 c
223 § 2. Prior: 1987 c 506 § 91; 1987 c 373 § 7; 1986 c 153
§ 1; 1983 c 232 § 6.]
9.45.020 Substitution of child. (Effective July 1,
2004.) Every person to whom a child has been confided for
nursing, education or any other purpose, who, with intent to
deceive a person, guardian or relative of such child, shall substitute or produce to such parent, guardian or relative, another
child or person in the place of the child so confided, is guilty
of a class B felony and shall be punished by imprisonment in
a state correctional facility for not more than ten years. [2003
c 53 § 29; 1992 c 7 § 9; 1909 c 249 § 123; RRS § 2375.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010.
Effective date—1993 c 243: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 7, 1993]." [1993 c 243 § 2.]
Severability—1989 c 222: See RCW 63.35.900.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Legislative finding, purpose—Severability—1987 c 373: See notes
following RCW 46.61.502.
Severability—1983 c 232: See note following RCW 9.41.010.
Chapter 9.45
Chapter 9.45 RCW
FRAUDS AND SWINDLES
Sections
9.45.020
9.45.124
9.45.126
9.45.210
9.45.220
9.45.230
Substitution of child. (Effective July 1, 2004.)
Measurement of commodities—Measuring inaccurately—
Altering measuring devices—Penalty. (Effective July 1,
2004.)
Measurement of commodities—Inducing violations—Penalty.
(Effective July 1, 2004.)
Altering sample or certificate of assay. (Effective July 1,
2004.)
Making false sample or assay of ore. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.45.124
9.45.124 Measurement of commodities—Measuring
inaccurately—Altering measuring devices—Penalty.
(Effective July 1, 2004.) Every person, corporation, or association whether profit or nonprofit, who shall ask or receive,
or conspire to ask or receive, directly or indirectly, any compensation, gratuity, or reward or any promise thereof, on any
agreement or understanding that he or she shall (1) intentionally make an inaccurate visual or mechanical measurement or
an intentionally inaccurate recording of any visual or
mechanical measurement of goods, raw materials, and agricultural products (whether severed or unsevered from the
land) which he or she has or will have the duty to measure, or
shall (2) intentionally change, alter or affect, for the purpose
of making an inaccurate measurement, any equipment or
other device which is designed to measure, either qualitatively or quantitatively, such goods, raw materials, and agricultural products, or shall intentionally alter the recordation
of such measurements, is guilty of a class B felony, punishable by imprisonment in a state correctional facility for not
more than ten years, or by a fine of not more than five thousand dollars, or both. [2003 c 53 § 30; 1992 c 7 § 11; 1967 c
200 § 2.]
9.45.126
9.45.126 Measurement of commodities—Inducing
violations—Penalty. (Effective July 1, 2004.) Every person
who shall give, offer or promise, or conspire to give, offer or
promise, directly or indirectly, any compensation, gratuity or
reward to any person, corporation, independent contractor, or
agent, employee or servant thereof with intent to violate
RCW 9.45.124, is guilty of a class B felony, punishable by
imprisonment in a state correctional facility for not more than
ten years, or by a fine of not more than five thousand dollars,
or both. [2003 c 53 § 31; 1992 c 7 § 12; 1967 c 200 § 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.45.210
9.45.210 Altering sample or certificate of assay.
(Effective July 1, 2004.) Any person who shall interfere with
or in any manner change samples of ores or bullion produced
for sampling, or change or alter samples or packages of ores
or bullion which have been purchased for assaying, or who
shall change or alter any certificate of sampling or assaying,
with intent to cheat, wrong or defraud, is guilty of a class C
felony, punishable by imprisonment in a state correctional
facility for not less than one year nor more than five years, or
by a fine of not less than fifty nor more than one thousand
[2003 RCW Supp—page 37]
9.45.220
Title 9 RCW: Crimes and Punishments
dollars, or by both such fine and imprisonment. [2003 c 53 §
32; 1890 p 99 § 2; RRS § 2712.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.45.220
9.45.220 Making false sample or assay of ore. (Effective July 1, 2004.) Any person who shall, with intent to
cheat, wrong or defraud, make or publish a false sample of
ore or bullion, or who shall make or publish or cause to be
published a false assay of ore or bullion, is guilty of a class C
felony, punishable by imprisonment in a state correctional
facility for not less than one year nor more than five years, or
by a fine of not less than fifty nor more than one thousand
dollars, or by both such fine and imprisonment. [2003 c 53 §
33; 1890 p 99 § 3; RRS § 2713.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.45.230
9.45.230 Repealed. (Effective July 1, 2004.) See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Chapter 9.46
Chapter 9.46 RCW
GAMBLING—1973 ACT
Sections
9.46.071
9.46.155
9.46.215
Information for compulsive gamblers.
Applicants and licensees—Bribes to public officials, employees, agents—Penalty. (Effective July 1, 2004.)
Ownership or interest in gambling device—Penalty—Exceptions. (Effective July 1, 2004.)
9.46.071
9.46.071 Information for compulsive gamblers. The
legislature recognizes that some individuals in this state are
problem or compulsive gamblers. Because the state promotes and regulates gambling through the activities of the
state lottery commission, the Washington horse racing commission, and the Washington state gambling commission, the
state has the responsibility to continue to provide resources
for the support of services for problem and compulsive gamblers. Therefore, at a minimum, the Washington state gambling commission, the Washington horse racing commission,
and the state lottery commission shall jointly develop informational signs concerning problem and compulsive gambling which include a toll-free hot line number for problem
and compulsive gamblers. The signs shall be placed in the
establishments of gambling licensees, horse racing licensees,
and lottery retailers. In addition, the Washington state gambling commission, the Washington horse racing commission,
and the state lottery commission may also contract with other
qualified entities to provide public awareness, training, and
other services to ensure the intent of this section is fulfilled.
[2003 c 75 § 1; 1994 c 218 § 6.]
Effective date—1994 c 218: See note following RCW 9.46.010.
9.46.155
9.46.155 Applicants and licensees—Bribes to public
officials, employees, agents—Penalty. (Effective July 1,
2004.) (1) No applicant or licensee shall give or provide, or
offer to give or provide, directly or indirectly, to any public
official or employee or agent of this state, or any of its agencies or political subdivisions, any compensation or reward, or
share of the money or property paid or received through gam[2003 RCW Supp—page 38]
bling activities, in consideration for obtaining any license,
authorization, permission or privilege to participate in any
gaming operations except as authorized by this chapter or
rules adopted pursuant thereto.
(2) Violation of this section is a class C felony for which
a person, upon conviction, shall be punished by imprisonment for not more than five years or a fine of not more than
one hundred thousand dollars, or both. [2003 c 53 § 34; 1981
c 139 § 15.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1981 c 139: See note following RCW 9.46.070.
9.46.215
9.46.215 Ownership or interest in gambling device—
Penalty—Exceptions. (Effective July 1, 2004.) (1) Whoever knowingly owns, manufactures, possesses, buys, sells,
rents, leases, finances, holds a security interest in, stores,
repairs, or transports any gambling device or offers or solicits
any interest therein, whether through an agent or employee or
otherwise, is guilty of a class C felony and shall be fined not
more than one hundred thousand dollars or imprisoned not
more than five years or both.
(2) This section does not apply to persons licensed by the
commission, or who are otherwise authorized by this chapter,
or by commission rule, to conduct gambling activities without a license, respecting devices that are to be used, or are
being used, solely in that activity for which the license was
issued, or for which the person has been otherwise authorized
if:
(a) The person is acting in conformance with this chapter
and the rules adopted under this chapter; and
(b) The devices are a type and kind traditionally and usually employed in connection with the particular activity.
(3) This section also does not apply to any act or acts by
the persons in furtherance of the activity for which the license
was issued, or for which the person is authorized, when the
activity is conducted in compliance with this chapter and in
accordance with the rules adopted under this chapter.
(4) In the enforcement of this section direct possession of
any such a gambling device is presumed to be knowing possession thereof. [2003 c 53 § 35; 1994 c 218 § 9.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1994 c 218: See note following RCW 9.46.010.
Chapter 9.47
Chapter 9.47 RCW
GAMBLING
Sections
9.47.090
9.47.120
9.47.090
Maintaining bucket shop—Penalty. (Effective July 1, 2004.)
Bunco steering. (Effective July 1, 2004.)
9.47.090 Maintaining bucket shop—Penalty. (Effective July 1, 2004.) Every person, whether in his or her own
behalf, or as agent, servant or employee of another person,
within or outside of this state, who shall open, conduct or
carry on any bucket shop, or make or offer to make any contract described in RCW 9.47.080, or with intent to make such
a contract, or assist therein, shall receive, exhibit, or display
any statement of market prices of any commodities, securities, or property, is guilty of a class C felony and shall be pun-
Malicious Mischief—Injury to Property
Chapter 9.68
9.61.230
ished by imprisonment in a state correctional facility for not
more than five years. [2003 c 53 § 36; 1992 c 7 § 13; 1909 c
249 § 224; RRS § 2476.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.47.120
9.47.120 Bunco steering. (Effective July 1, 2004.)
Every person who shall entice, or induce another, upon any
pretense, to go to any place where any gambling game,
scheme or device, or any trick, sleight of hand performance,
fraud or fraudulent scheme, cards, dice or device, is being
conducted or operated; or while in such place shall entice or
induce another to bet, wager or hazard any money or property, or representative of either, upon any such game, scheme,
device, trick, sleight of hand performance, fraud or fraudulent
scheme, cards, dice, or device, or to execute any obligation
for the payment of money, or delivery of property, or to lose,
advance, or loan any money or property, or representative of
either, is guilty of a class B felony and shall be punished by
imprisonment in a state correctional facility for not more than
ten years. [2003 c 53 § 37; 1992 c 7 § 14; 1909 c 249 § 227;
RRS § 2479.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Swindling: Chapter 9A.60 RCW.
Chapter 9.61 RCW
MALICIOUS MISCHIEF—INJURY TO PROPERTY
Chapter 9.61
9.61.170
9.61.180
9.61.230
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1992 c 186: See note following RCW 9A.46.110.
Sections
9.61.160
9.61.230 Telephone harassment. (Effective July 1,
2004.) (1) Every person who, with intent to harass, intimidate, torment or embarrass any other person, shall make a
telephone call to such other person:
(a) Using any lewd, lascivious, profane, indecent, or
obscene words or language, or suggesting the commission of
any lewd or lascivious act; or
(b) Anonymously or repeatedly or at an extremely inconvenient hour, whether or not conversation ensues; or
(c) Threatening to inflict injury on the person or property
of the person called or any member of his or her family or
household;
is guilty of a gross misdemeanor, except as provided in subsection (2) of this section.
(2) The person is guilty of a class C felony punishable
according to chapter 9A.20 RCW if either of the following
applies:
(a) That person has previously been convicted of any
crime of harassment, as defined in RCW 9A.46.060, with the
same victim or member of the victim's family or household or
any person specifically named in a no-contact or no-harassment order in this or any other state; or
(b) That person harasses another person under subsection (1)(c) of this section by threatening to kill the person
threatened or any other person. [2003 c 53 § 39; 1992 c 186
§ 6; 1985 c 288 § 11; 1967 c 16 § 1.]
Threats to bomb or injure property—Penalty. (Effective July
1, 2004.)
Repealed. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Telephone harassment. (Effective July 1, 2004.)
Effective date—Severability—1985 c 288: See RCW 9A.46.905 and
9A.46.910.
Severability—1967 c 16: "If any portion of this act is held to be unconstitutional or void, such decision shall not affect the validity of the remaining
parts of this act." [1967 c 16 § 4.]
Communicating with child for immoral purposes: RCW 9.68A.090.
9.61.160
9.61.160 Threats to bomb or injure property—Penalty. (Effective July 1, 2004.) (1) It shall be unlawful for any
person to threaten to bomb or otherwise injure any public or
private school building, any place of worship or public
assembly, any governmental property, or any other building,
common carrier, or structure, or any place used for human
occupancy; or to communicate or repeat any information
concerning such a threatened bombing or injury, knowing
such information to be false and with intent to alarm the person or persons to whom the information is communicated or
repeated.
(2) It shall not be a defense to any prosecution under this
section that the threatened bombing or injury was a hoax.
(3) A violation of this section is a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 38; 1977
ex.s. c 231 § 1; 1959 c 141 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.61.170
9.61.170 Repealed. (Effective July 1, 2004.) See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Interference with telephone message: RCW 9A.48.070, 9A.48.080.
Chapter 9.62 RCW
MALICIOUS PROSECUTION—ABUSE OF PROCESS
Chapter 9.62
Sections
9.62.010
9.62.010
9.62.010 Malicious prosecution. (Effective July 1,
2004.) Every person who shall, maliciously and without
probable cause therefor, cause or attempt to cause another to
be arrested or proceeded against for any crime of which he or
she is innocent:
(1) If such crime be a felony, is guilty of a class C felony
and shall be punished by imprisonment in a state correctional
facility for not more than five years; and
(2) If such crime be a gross misdemeanor or misdemeanor, shall be guilty of a misdemeanor. [2003 c 53 § 40;
1992 c 7 § 15; 1909 c 249 § 117; Code 1881 § 899; 1873 p
203 § 98; 1854 p 92 § 89; RRS § 2369.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 9.68
9.61.180
9.61.180 Repealed. (Effective July 1, 2004.) See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Malicious prosecution. (Effective July 1, 2004.)
Chapter 9.68 RCW
OBSCENITY AND PORNOGRAPHY
Sections
[2003 RCW Supp—page 39]
9.68.060
9.68.060
Title 9 RCW: Crimes and Punishments
"Erotic material"—Determination by court—Labeling—Penalties. (Effective July 1, 2004.)
9.68.060
9.68.060 "Erotic material"—Determination by
court—Labeling—Penalties. (Effective July 1, 2004.) (1)
When it appears that material which may be deemed erotic is
being sold, distributed, or exhibited in this state, the prosecuting attorney of the county in which the sale, distribution, or
exhibition is taking place may apply to the superior court for
a hearing to determine the character of the material with
respect to whether it is erotic material.
(2) Notice of the hearing shall immediately be served
upon the dealer, distributor, or exhibitor selling or otherwise
distributing or exhibiting the alleged erotic material. The
superior court shall hold a hearing not later than five days
from the service of notice to determine whether the subject
matter is erotic material within the meaning of RCW
9.68.050.
(3) If the superior court rules that the subject material is
erotic material, then, following such adjudication:
(a) If the subject material is written or printed, or is a
sound recording, the court shall issue an order requiring that
an "adults only" label be placed on the publication or sound
recording, if such publication or sound recording is going to
continue to be distributed. Whenever the superior court
orders a publication or sound recording to have an "adults
only" label placed thereon, such label shall be impressed on
the front cover of all copies of such erotic publication or
sound recording sold or otherwise distributed in the state of
Washington. Such labels shall be in forty-eight point bold
face type located in a conspicuous place on the front cover of
the publication or sound recording. All dealers and distributors are hereby prohibited from displaying erotic publications
or sound recordings in their store windows, on outside newsstands on public thoroughfares, or in any other manner so as
to make an erotic publication or the contents of an erotic
sound recording readily accessible to minors.
(b) If the subject material is a motion picture, the court
shall issue an order requiring that such motion picture shall
be labeled "adults only". The exhibitor shall prominently display a sign saying "adults only" at the place of exhibition, and
any advertising of the motion picture shall contain a statement that it is for adults only. Such exhibitor shall also display a sign at the place where admission tickets are sold stating that it is unlawful for minors to misrepresent their age.
(4) Failure to comply with a court order issued under the
provisions of this section shall subject the dealer, distributor,
or exhibitor to contempt proceedings.
(5) Any person who, after the court determines material
to be erotic, sells, distributes, or exhibits the erotic material to
a minor shall be guilty of violating RCW 9.68.050 through
9.68.120, such violation to carry the following penalties:
(a) For the first offense a misdemeanor and upon conviction shall be fined not more than five hundred dollars, or
imprisoned in the county jail not more than six months;
(b) For the second offense a gross misdemeanor and
upon conviction shall be fined not more than one thousand
dollars, or imprisoned not more than one year;
(c) For all subsequent offenses a class B felony and upon
conviction shall be fined not more than five thousand dollars,
[2003 RCW Supp—page 40]
or imprisoned not less than one year. [2003 c 53 § 41; 1992
c 5 § 2; 1969 ex.s. c 256 § 14.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1969 ex.s. c 256: See note following RCW 9.68.050.
Chapter 9.68A RCW
SEXUAL EXPLOITATION OF CHILDREN
Chapter 9.68A
(Formerly: Child pornography)
Sections
9.68A.090
9.68A.090
9.68A.140
9.68A.150
9.68A.160
Communication with minor for immoral purposes. (Effective
until July 1, 2004.)
Communication with minor for immoral purposes—Penalties.
(Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Allowing minor on premises of live erotic performance—Definitions—Penalty. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
9.68A.090
9.68A.090 Communication with minor for immoral
purposes. (Effective until July 1, 2004.) A person who
communicates with a minor for immoral purposes, or a person who communicates with someone the person believes to
be a minor for immoral purposes, is guilty of a gross misdemeanor, unless that person has previously been convicted
under this section or of a felony sexual offense under chapter
9.68A, 9A.44, or 9A.64 RCW or of any other felony sexual
offense in this or any other state, in which case the person is
guilty of a class C felony punishable under chapter 9A.20
RCW. [2003 c 26 § 1; 1989 c 32 § 7; 1986 c 319 § 2; 1984 c
262 § 8.]
9.68A.090
9.68A.090 Communication with minor for immoral
purposes—Penalties. (Effective July 1, 2004.) (1) Except
as provided in subsection (2) of this section, a person who
communicates with a minor for immoral purposes, or a person who communicates with someone the person believes to
be a minor for immoral purposes, is guilty of a gross misdemeanor.
(2) A person who communicates with a minor for
immoral purposes is guilty of a class C felony punishable
according to chapter 9A.20 RCW if the person has previously
been convicted under this section or of a felony sexual
offense under chapter 9.68A, 9A.44, or 9A.64 RCW or of any
other felony sexual offense in this or any other state. [2003 c
53 § 42; 2003 c 26 § 1; 1989 c 32 § 7; 1986 c 319 § 2; 1984 c
262 § 8.]
Reviser's note: This section was amended by 2003 c 26 § 1 and by
2003 c 53 § 42, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.68A.140
9.68A.140 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
9.68A.150
9.68A.150 Allowing minor on premises of live erotic
performance—Definitions—Penalty. (Effective July 1,
2004.) (1) No person may knowingly allow a minor to be on
the premises of a commercial establishment open to the pub-
Subversive Activities
lic if there is a live performance containing matter which is
erotic material.
(2) Any person who is convicted of violating this section
is guilty of a gross misdemeanor.
(3) For the purposes of this section:
(a) "Minor" means any person under the age of eighteen
years.
(b) "Erotic materials" means live performance:
(i) Which the average person, applying contemporary
community standards, would find, when considered as a
whole, appeals to the prurient interest of minors; and
(ii) Which explicitly depicts or describes patently offensive representations or descriptions of sexually explicit conduct as defined in RCW 9.68A.011; and
(iii) Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value for minors.
(c) "Live performance" means any play, show, skit,
dance, or other exhibition performed or presented to, or
before an audience of one or more, with or without consideration.
(d) "Person" means any individual, partnership, firm,
association, corporation, or other legal entity. [2003 c 53 §
43; 1987 c 396 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1987 c 396: See note following RCW 9.68A.140.
Chapter 9.86
nization to be a subversive organization or a foreign subversive organization; or
(e) Destroy any books, records or files, or secrete any
funds in this state of a subversive organization or a foreign
subversive organization, knowing the organization to be
such.
(2) Any person upon a plea of guilty or upon conviction
of violating any of the provisions of this section shall be fined
not more than ten thousand dollars, or imprisoned for not
more than ten years, or both, at the discretion of the court.
[2003 c 53 § 44; 1951 c 254 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.81.030
9.81.030 Membership in subversive organization is
felony—Penalty. (Effective July 1, 2004.) It is a class C felony for any person after June 1, 1951, to become, or after
September 1, 1951, to remain a member of a subversive organization or a foreign subversive organization knowing the
organization to be a subversive organization or foreign subversive organization. Any person upon a plea of guilty or
upon conviction of violating this section shall be fined not
more than five thousand dollars, or imprisoned for not more
than five years, or both, at the discretion of the court. [2003
c 53 § 45; 1951 c 254 § 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.68A.160
9.68A.160 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 9.81
Chapter 9.81 RCW
SUBVERSIVE ACTIVITIES
9.81.100
9.81.100 Repealed. (Effective July 1, 2004.) See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Chapter 9.82
TREASON
Sections
9.81.020
9.81.030
9.81.100
9.81.020
Chapter 9.82 RCW
Subversive activities made felony—Penalty. (Effective July 1,
2004.)
Membership in subversive organization is felony—Penalty.
(Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
9.81.020 Subversive activities made felony—Penalty.
(Effective July 1, 2004.) (1) It is a class B felony for any person knowingly and willfully to:
(a) Commit, attempt to commit, or aid in the commission
of any act intended to overthrow, destroy or alter, or to assist
in the overthrow, destruction or alteration of, the constitutional form of the government of the United States, or of the
state of Washington or any political subdivision of either of
them, by revolution, force or violence; or
(b) Advocate, abet, advise, or teach by any means any
person to commit, attempt to commit, or assist in the commission of any such act under such circumstances as to constitute
a clear and present danger to the security of the United States,
or of the state of Washington or of any political subdivision
of either of them; or
(c) Conspire with one or more persons to commit any
such act; or
(d) Assist in the formation or participate in the management or to contribute to the support of any subversive organization or foreign subversive organization knowing the orga-
Sections
9.82.010
Defined—Penalty. (Effective July 1, 2004.)
9.82.010
9.82.010 Defined—Penalty. (Effective July 1, 2004.)
(1) Treason against the people of the state consists in—
(a) Levying war against the people of the state, or
(b) Adhering to its enemies, or
(c) Giving them aid and comfort.
(2) Treason is a class A felony and punishable by death.
(3) No person shall be convicted for treason unless upon
the testimony of two witnesses to the same overt act or by
confession in open court. [2003 c 53 § 46; 1909 c 249 § 65;
RRS § 2317.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Treason defined and evidence required: State Constitution Art. 1 § 27.
Chapter 9.86
Chapter 9.86 RCW
FLAGS, CRIMES RELATING TO
Sections
9.86.020
9.86.030
9.86.050
Improper use of flag prohibited. (Effective July 1, 2004.)
Desecration of flag. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
[2003 RCW Supp—page 41]
9.86.020
Title 9 RCW: Crimes and Punishments
9.86.020
9.86.020 Improper use of flag prohibited. (Effective
July 1, 2004.) (1) No person shall, in any manner, for exhibition or display:
(a) Place or cause to be placed any word, figure, mark,
picture, design, drawing or advertisement of any nature upon
any flag, standard, color, ensign or shield of the United States
or of this state, or authorized by any law of the United States
or of this state; or
(b) Expose to public view any such flag, standard, color,
ensign or shield upon which shall have been printed, painted
or otherwise produced, or to which shall have been attached,
appended, affixed or annexed any such word, figure, mark,
picture, design, drawing or advertisement; or
(c) Expose to public view for sale, manufacture, or otherwise, or to sell, give, or have in possession for sale, for gift
or for use for any purpose, any substance, being an article of
merchandise, or receptacle, or thing for holding or carrying
merchandise, upon or to which shall have been produced or
attached any such flag, standard, color, ensign or shield, in
order to advertise, call attention to, decorate, mark or distinguish such article or substance.
(2) A violation of this section is a gross misdemeanor.
[2003 c 53 § 47; 1919 c 107 § 2; 1909 c 249 § 423; 1901 c 154
§ 1; RRS § 2675-2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.86.030
9.86.030 Desecration of flag. (Effective July 1, 2004.)
(1) No person shall knowingly cast contempt upon any flag,
standard, color, ensign or shield, as defined in RCW
9.86.010, by publicly mutilating, defacing, defiling, burning,
or trampling upon the flag, standard, color, ensign or shield.
(2) A violation of this section is a gross misdemeanor.
[2003 c 53 § 48; 1969 ex.s. c 110 § 1; 1919 c 107 § 3; 1909 c
249 § 423; RRS § 2675-3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.86.050
9.86.050 Repealed. (Effective July 1, 2004.) See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Chapter 9.91
Chapter 9.91 RCW
MISCELLANEOUS CRIMES
Sections
9.91.140
9.91.142
9.91.144
9.91.170
9.91.180
Food stamps—Unlawful sale. (Effective July 1, 2004.)
Food stamps—Trafficking. (Effective July 1, 2004.)
Food stamps—Unlawful redemption. (Effective July 1, 2004.)
Interfering with dog guide or service animal. (Effective July 1,
2004.)
Violent video or computer games.
9.91.140
9.91.140 Food stamps—Unlawful sale. (Effective
July 1, 2004.) A person who sells food stamps obtained
through the program established under RCW 74.04.500 or
food stamp benefits transferred electronically, or food purchased therewith, is guilty of the following:
(1) A gross misdemeanor if the value of the stamps, benefits, or food transferred exceeds one hundred dollars; or
[2003 RCW Supp—page 42]
(2) A misdemeanor if the value of the stamps, benefits,
or food transferred is one hundred dollars or less. [2003 c 53
§ 49; 1998 c 79 § 1; 1996 c 78 § 1; 1988 c 62 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.91.142
9.91.142 Food stamps—Trafficking. (Effective July
1, 2004.) A person who purchases, or who otherwise
acquires and sells, or who traffics in, food stamps as defined
by the federal food stamp act, as amended, 7 U.S.C. Sec.
2011 et seq., or food stamp benefits transferred electronically, is guilty of the following:
(1) A class C felony punishable according to chapter
9A.20 RCW if the face value of the stamps or benefits
exceeds one hundred dollars; or
(2) A gross misdemeanor if the face value of the stamps
or benefits is one hundred dollars or less. [2003 c 53 § 50.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.91.144
9.91.144 Food stamps—Unlawful redemption.
(Effective July 1, 2004.) A person who, in violation of 7
U.S.C. Sec. 2024(c), obtains and presents food stamps as
defined by the federal food stamp act, as amended, 7 U.S.C.
Sec. 2011 et seq., or food stamp benefits transferred electronically, for redemption or causes such stamps or benefits to be
presented for redemption through the program established
under RCW 74.04.500 is guilty of a class C felony punishable
according to chapter 9A.20 RCW. [2003 c 53 § 51.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.91.170
9.91.170 Interfering with dog guide or service animal. (Effective July 1, 2004.) (1)(a) Any person who has
received notice that his or her behavior is interfering with the
use of a dog guide or service animal who continues with reckless disregard to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or his
or her dog guide or service animal is guilty of a misdemeanor,
except as provided in (b) of this subsection.
(b) A second or subsequent violation of this subsection is
a gross misdemeanor.
(2)(a) Any person who, with reckless disregard, allows
his or her dog to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or his
or her dog guide or service animal is guilty of a misdemeanor,
except as provided in (b) of this subsection.
(b) A second or subsequent violation of this subsection is
a gross misdemeanor.
(3) Any person who, with reckless disregard, injures,
disables, or causes the death of a dog guide or service animal
is guilty of a gross misdemeanor.
(4) Any person who, with reckless disregard, allows his
or her dog to injure, disable, or cause the death of a dog guide
or service animal is guilty of a gross misdemeanor.
(5) Any person who intentionally injures, disables, or
causes the death of a dog guide or service animal is guilty of
a class C felony punishable according to chapter 9A.20
RCW.
Punishment
(6) Any person who wrongfully obtains or exerts unauthorized control over a dog guide or service animal with the
intent to deprive the dog guide or service animal user of his or
her dog guide or service animal is guilty of theft in the first
degree, RCW 9A.56.030.
(7)(a) In any case in which the defendant is convicted of
a violation of this section, he or she shall also be ordered to
make full restitution for all damages, including incidental and
consequential expenses incurred by the dog guide or service
animal user and the dog guide or service animal which arise
out of or are related to the criminal offense.
(b) Restitution for a conviction under this section shall
include, but is not limited to:
(i) The value of the replacement of an incapacitated or
deceased dog guide or service animal, the training of a
replacement dog guide or service animal, or retraining of the
affected dog guide or service animal and all related veterinary
and care expenses; and
(ii) Medical expenses of the dog guide or service animal
user, training of the dog guide or service animal user, and
compensation for wages or earned income lost by the dog
guide or service animal user.
(8) Nothing in this section shall affect any civil remedies
available for violation of this section.
(9) For purposes of this section, the following definitions
apply:
(a) "Dog guide" means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose
of assisting hearing impaired persons.
(b) "Service animal" means an animal that is trained for
the purposes of assisting or accommodating a disabled person's sensory, mental, or physical disability.
(c) "Notice" means a verbal or otherwise communicated
warning prescribing the behavior of another person and a
request that the person stop their behavior.
(d) "Value" means the value to the dog guide or service
animal user and does not refer to cost or fair market value.
[2003 c 53 § 52; 2001 c 112 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Short title—2001 c 112: "This act may be known and cited as Layla's
Law." [2001 c 112 § 1.]
9.91.180
9.91.180 Violent video or computer games. (1) A person who sells, rents, or permits to be sold or rented, any video
or computer game they know to be a violent video or computer game to any minor has committed a class 1 civil infraction as provided in RCW 7.80.120.
(2) "Minor" means a person under seventeen years of
age.
(3) "Person" means a retailer engaged in the business of
selling or renting video or computer games including any
individual, partnership, corporation, or association who is
subject to the tax on retailers under RCW 82.04.250.
(4) "Violent video or computer game" means a video or
computer game that contains realistic or photographic-like
depictions of aggressive conflict in which the player kills,
injures, or otherwise causes physical harm to a human form
in the game who is depicted, by dress or other recognizable
symbols, as a public law enforcement officer. [2003 c 365 §
2.]
9.94.010
Findings—2003 c 365: "The legislature finds that there has been an
increase in studies showing a correlation between exposure to violent video
and computer games and various forms of hostile and antisocial behavior.
The entertainment software industry's ratings and content descriptors of
video and computer games reflect that some video and computer games are
suitable only for adults due to graphic depictions of sex and/or violence.
Furthermore, some video and computer games focus on violence specifically
against public law enforcement officers such as police and fire fighters. The
legislature encourages retailers and parents to utilize the rating system.
In addition, the legislature finds there is a compelling interest to curb
hostile and antisocial behavior in Washington's youth and to foster respect
for public law enforcement officers." [2003 c 365 § 1.]
Chapter 9.92
Chapter 9.92 RCW
PUNISHMENT
Sections
9.92.066
Termination of suspended sentence—Restoration of civil
rights—Vacation of conviction.
9.92.066
9.92.066 Termination of suspended sentence—Restoration of civil rights—Vacation of conviction. (1) Upon
termination of any suspended sentence under RCW 9.92.060
or 9.95.210, such person may apply to the court for restoration of his or her civil rights. Thereupon the court may in its
discretion enter an order directing that such defendant shall
thereafter be released from all penalties and disabilities
resulting from the offense or crime of which he or she has
been convicted.
(2)(a) Upon termination of a suspended sentence under
RCW 9.92.060 or 9.95.210, the person may apply to the sentencing court for a vacation of the person's record of conviction under RCW 9.94A.640. The court may, in its discretion,
clear the record of conviction if it finds the person has met the
equivalent of the tests in RCW 9.94A.640(2) as those tests
would be applied to a person convicted of a crime committed
before July 1, 1984.
(b) The clerk of the court in which the vacation order is
entered shall immediately transmit the order vacating the
conviction to the Washington state patrol identification section and to the local police agency, if any, which holds criminal history information for the person who is the subject of
the conviction. The Washington state patrol and any such
local police agency shall immediately update their records to
reflect the vacation of the conviction, and shall transmit the
order vacating the conviction to the federal bureau of investigation. A conviction that has been vacated under this section
may not be disseminated or disclosed by the state patrol or
local law enforcement agency to any person, except other
criminal justice enforcement agencies. [2003 c 66 § 2; 1971
ex.s. c 188 § 3.]
Applicability—1984 c 209: See RCW 9.92.900.
Chapter 9.94 RCW
PRISONERS—CORRECTIONAL INSTITUTIONS
Chapter 9.94
Sections
9.94.010
9.94.020
9.94.030
Prison riot—Penalty. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Holding person hostage—Interference with officer's duties.
(Effective July 1, 2004.)
9.94.010
9.94.010 Prison riot—Penalty. (Effective July 1,
2004.) (1) Whenever two or more inmates of a correctional
[2003 RCW Supp—page 43]
9.94.020
Title 9 RCW: Crimes and Punishments
institution assemble for any purpose, and act in such a manner as to disturb the good order of the institution and contrary
to the commands of the officers of the institution, by the use
of force or violence, or the threat thereof, and whether acting
in concert or not, they shall be guilty of prison riot.
(2) Every inmate of a correctional institution who is
guilty of prison riot or of voluntarily participating therein by
being present at, or by instigating, aiding, or abetting the
same, is guilty of a class B felony and shall be punished by
imprisonment in a state correctional institution for not less
than one year nor more than ten years, which shall be in addition to the sentence being served. [2003 c 53 § 53; 1995 c
314 § 1; 1955 c 241 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.94.020
9.94.020 Repealed. (Effective July 1, 2004.) See Supplementary Table of Disposition of Former RCW Sections,
this volume.
9.94.030
9.94.030 Holding person hostage—Interference with
officer's duties. (Effective July 1, 2004.) Whenever any
inmate of a correctional institution shall hold, or participate
in holding, any person as a hostage, by force or violence, or
the threat thereof, or shall prevent, or participate in preventing an officer of such institution from carrying out his or her
duties, by force or violence, or the threat thereof, he or she
shall be guilty of a class B felony and upon conviction shall
be punished by imprisonment in a state correctional institution for not less than one year nor more than ten years. [2003
c 53 § 54; 1995 c 314 § 3; 1992 c 7 § 20; 1957 c 112 § 1; 1955
c 241 § 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Interfering with public officer: Chapter 9A.76 RCW.
Kidnapping: Chapter 9A.40 RCW.
Chapter 9.94A
Chapter 9.94A RCW
SENTENCING REFORM ACT OF 1981
Sections
9.94A.030
9.94A.501
Definitions. (Effective July 1, 2004.)
Risk assessment—Risk categories—Department must supervise specified offenders. (Expires July 1, 2010.)
9.94A.515 Table 2—Crimes included within each seriousness level.
(Expires July 1, 2004.)
9.94A.515 Table 2—Crimes included within each seriousness level.
(Effective July 1, 2004.)
9.94A.518 Table 4—Drug offenses seriousness level. (Effective July 1,
2004.)
9.94A.533 Adjustments to standard sentences. (Effective July 1, 2004.)
9.94A.535 Departures from the guidelines.
9.94A.545 Community custody.
9.94A.550 Fines. (Effective July 1, 2004.)
9.94A.605 Methamphetamine—Manufacturing with child on premises—
Special allegation. (Effective July 1, 2004.)
9.94A.610 Drug offenders—Notice of release or escape. (Effective July
1, 2004.)
9.94A.637 Discharge upon completion of sentence—Certificate of discharge—Obligations, counseling after discharge.
9.94A.700 Community placement.
9.94A.705 Community placement for specified offenders.
9.94A.715 Community custody for specified offenders.
9.94A.720 Supervision of offenders.
9.94A.728 Earned release time.
9.94A.7281 Legislative declaration—Earned release time not an entitlement.
9.94A.7282 Earned release study.
[2003 RCW Supp—page 44]
9.94A.731
9.94A.734
9.94A.750
9.94A.753
9.94A.760
9.94A.772
9.94A.775
9.94A.780
9.94A.925
9.94A.030
Term of partial confinement, work release, home detention.
Home detention—Conditions. (Effective July 1, 2004.)
Restitution.
Restitution—Application dates.
Legal financial obligations.
Legal financial obligations—Monthly payment, starting
dates—Construction.
Legal financial obligations—Termination of supervision—
Monitoring of payments.
Offender supervision assessments.
Application—2003 c 379 §§ 13-27.
9.94A.030 Definitions. (Effective July 1, 2004.)
Unless the context clearly requires otherwise, the definitions
in this section apply throughout this chapter.
(1) "Board" means the indeterminate sentence review
board created under chapter 9.95 RCW.
(2) "Collect," or any derivative thereof, "collect and
remit," or "collect and deliver," when used with reference to
the department, means that the department, either directly or
through a collection agreement authorized by RCW
9.94A.760, is responsible for monitoring and enforcing the
offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment
to the superior court clerk without depositing it in a departmental account.
(3) "Commission" means the sentencing guidelines commission.
(4) "Community corrections officer" means an employee
of the department who is responsible for carrying out specific
duties in supervision of sentenced offenders and monitoring
of sentence conditions.
(5) "Community custody" means that portion of an
offender's sentence of confinement in lieu of earned release
time or imposed pursuant to RCW 9.94A.505(2)(b),
9.94A.650 through 9.94A.670, 9.94A.690, 9.94A.700
through 9.94A.715, or 9.94A.545, served in the community
subject to controls placed on the offender's movement and
activities by the department. For offenders placed on community custody for crimes committed on or after July 1,
2000, the department shall assess the offender's risk of reoffense and may establish and modify conditions of community
custody, in addition to those imposed by the court, based
upon the risk to community safety.
(6) "Community custody range" means the minimum
and maximum period of community custody included as part
of a sentence under RCW 9.94A.715, as established by the
commission or the legislature under RCW 9.94A.850, for
crimes committed on or after July 1, 2000.
(7) "Community placement" means that period during
which the offender is subject to the conditions of community
custody and/or postrelease supervision, which begins either
upon completion of the term of confinement (postrelease
supervision) or at such time as the offender is transferred to
community custody in lieu of earned release. Community
placement may consist of entirely community custody,
entirely postrelease supervision, or a combination of the two.
(8) "Community restitution" means compulsory service,
without compensation, performed for the benefit of the community by the offender.
(9) "Community supervision" means a period of time
during which a convicted offender is subject to crime-related
prohibitions and other sentence conditions imposed by a
Sentencing Reform Act of 1981
court pursuant to this chapter or RCW 16.52.200(6) or
46.61.524. Where the court finds that any offender has a
chemical dependency that has contributed to his or her
offense, the conditions of supervision may, subject to available resources, include treatment. For purposes of the interstate compact for out-of-state supervision of parolees and
probationers, RCW 9.95.270, community supervision is the
functional equivalent of probation and should be considered
the same as probation by other states.
(10) "Confinement" means total or partial confinement.
(11) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a
finding of guilty, and acceptance of a plea of guilty.
(12) "Crime-related prohibition" means an order of a
court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an
offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct. However, affirmative acts necessary to monitor compliance with
the order of a court may be required by the department.
(13) "Criminal history" means the list of a defendant's
prior convictions and juvenile adjudications, whether in this
state, in federal court, or elsewhere.
(a) The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof; and (ii) whether the
defendant has been incarcerated and the length of incarceration.
(b) A conviction may be removed from a defendant's
criminal history only if it is vacated pursuant to RCW
9.96.060, 9.94A.640, 9.95.240, or a similar out-of-state statute, or if the conviction has been vacated pursuant to a governor's pardon.
(c) The determination of a defendant's criminal history is
distinct from the determination of an offender score. A prior
conviction that was not included in an offender score calculated pursuant to a former version of the sentencing reform
act remains part of the defendant's criminal history.
(14) "Day fine" means a fine imposed by the sentencing
court that equals the difference between the offender's net
daily income and the reasonable obligations that the offender
has for the support of the offender and any dependents.
(15) "Day reporting" means a program of enhanced
supervision designed to monitor the offender's daily activities
and compliance with sentence conditions, and in which the
offender is required to report daily to a specific location designated by the department or the sentencing court.
(16) "Department" means the department of corrections.
(17) "Determinate sentence" means a sentence that states
with exactitude the number of actual years, months, or days
of total confinement, of partial confinement, of community
supervision, the number of actual hours or days of community restitution work, or dollars or terms of a legal financial
obligation. The fact that an offender through earned release
can reduce the actual period of confinement shall not affect
the classification of the sentence as a determinate sentence.
(18) "Disposable earnings" means that part of the earnings of an offender remaining after the deduction from those
earnings of any amount required by law to be withheld. For
the purposes of this definition, "earnings" means compensa-
9.94A.030
tion paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise,
and, notwithstanding any other provision of law making the
payments exempt from garnishment, attachment, or other
process to satisfy a court-ordered legal financial obligation,
specifically includes periodic payments pursuant to pension
or retirement programs, or insurance policies of any type, but
does not include payments made under Title 50 RCW, except
as provided in RCW 50.40.020 and 50.40.050, or Title 74
RCW.
(19) "Drug offender sentencing alternative" is a sentencing option available to persons convicted of a felony offense
other than a violent offense or a sex offense and who are eligible for the option under RCW 9.94A.660.
(20) "Drug offense" means:
(a) Any felony violation of chapter 69.50 RCW except
possession of a controlled substance (RCW 69.50.4013) or
forged prescription for a controlled substance (RCW
69.50.403);
(b) Any offense defined as a felony under federal law
that relates to the possession, manufacture, distribution, or
transportation of a controlled substance; or
(c) Any out-of-state conviction for an offense that under
the laws of this state would be a felony classified as a drug
offense under (a) of this subsection.
(21) "Earned release" means earned release from confinement as provided in RCW 9.94A.728.
(22) "Escape" means:
(a) Sexually violent predator escape (RCW 9A.76.115),
escape in the first degree (RCW 9A.76.110), escape in the
second degree (RCW 9A.76.120), willful failure to return
from furlough (*RCW 72.66.060), willful failure to return
from work release (*RCW 72.65.070), or willful failure to be
available for supervision by the department while in community custody (RCW 72.09.310); or
(b) Any federal or out-of-state conviction for an offense
that under the laws of this state would be a felony classified
as an escape under (a) of this subsection.
(23) "Felony traffic offense" means:
(a) Vehicular homicide (RCW 46.61.520), vehicular
assault (RCW 46.61.522), eluding a police officer (RCW
46.61.024), or felony hit-and-run injury-accident (RCW
46.52.020(4)); or
(b) Any federal or out-of-state conviction for an offense
that under the laws of this state would be a felony classified
as a felony traffic offense under (a) of this subsection.
(24) "Fine" means a specific sum of money ordered by
the sentencing court to be paid by the offender to the court
over a specific period of time.
(25) "First-time offender" means any person who has no
prior convictions for a felony and is eligible for the first-time
offender waiver under RCW 9.94A.650.
(26) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance.
(27) "Legal financial obligation" means a sum of money
that is ordered by a superior court of the state of Washington
for legal financial obligations which may include restitution
to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs,
county or interlocal drug funds, court-appointed attorneys'
[2003 RCW Supp—page 45]
9.94A.030
Title 9 RCW: Crimes and Punishments
fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony
conviction. Upon conviction for vehicular assault while
under the influence of intoxicating liquor or any drug, RCW
46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW
46.61.520(1)(a), legal financial obligations may also include
payment to a public agency of the expense of an emergency
response to the incident resulting in the conviction, subject to
RCW 38.52.430.
(28) "Most serious offense" means any of the following
felonies or a felony attempt to commit any of the following
felonies:
(a) Any felony defined under any law as a class A felony
or criminal solicitation of or criminal conspiracy to commit a
class A felony;
(b) Assault in the second degree;
(c) Assault of a child in the second degree;
(d) Child molestation in the second degree;
(e) Controlled substance homicide;
(f) Extortion in the first degree;
(g) Incest when committed against a child under age
fourteen;
(h) Indecent liberties;
(i) Kidnapping in the second degree;
(j) Leading organized crime;
(k) Manslaughter in the first degree;
(l) Manslaughter in the second degree;
(m) Promoting prostitution in the first degree;
(n) Rape in the third degree;
(o) Robbery in the second degree;
(p) Sexual exploitation;
(q) Vehicular assault, when caused by the operation or
driving of a vehicle by a person while under the influence of
intoxicating liquor or any drug or by the operation or driving
of a vehicle in a reckless manner;
(r) Vehicular homicide, when proximately caused by the
driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW
46.61.502, or by the operation of any vehicle in a reckless
manner;
(s) Any other class B felony offense with a finding of
sexual motivation;
(t) Any other felony with a deadly weapon verdict under
RCW 9.94A.602;
(u) Any felony offense in effect at any time prior to
December 2, 1993, that is comparable to a most serious
offense under this subsection, or any federal or out-of-state
conviction for an offense that under the laws of this state
would be a felony classified as a most serious offense under
this subsection;
(v)(i) A prior conviction for indecent liberties under
**RCW 9A.88.100(1) (a), (b), and (c), chapter 260, Laws of
1975 1st ex. sess. as it existed until July 1, 1979, RCW
9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979,
until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d)
as it existed from June 11, 1986, until July 1, 1988;
(ii) A prior conviction for indecent liberties under RCW
9A.44.100(1)(c) as it existed from June 11, 1986, until July 1,
1988, if: (A) The crime was committed against a child under
the age of fourteen; or (B) the relationship between the victim
[2003 RCW Supp—page 46]
and perpetrator is included in the definition of indecent liberties under RCW 9A.44.100(1)(c) as it existed from July 1,
1988, through July 27, 1997, or RCW 9A.44.100(1) (d) or (e)
as it existed from July 25, 1993, through July 27, 1997.
(29) "Nonviolent offense" means an offense which is not
a violent offense.
(30) "Offender" means a person who has committed a
felony established by state law and is eighteen years of age or
older or is less than eighteen years of age but whose case is
under superior court jurisdiction under RCW 13.04.030 or
has been transferred by the appropriate juvenile court to a
criminal court pursuant to RCW 13.40.110. Throughout this
chapter, the terms "offender" and "defendant" are used interchangeably.
(31) "Partial confinement" means confinement for no
more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by
the court, in an approved residence, for a substantial portion
of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home
detention.
(32) "Persistent offender" is an offender who:
(a)(i) Has been convicted in this state of any felony considered a most serious offense; and
(ii) Has, before the commission of the offense under (a)
of this subsection, been convicted as an offender on at least
two separate occasions, whether in this state or elsewhere, of
felonies that under the laws of this state would be considered
most serious offenses and would be included in the offender
score under RCW 9.94A.525; provided that of the two or
more previous convictions, at least one conviction must have
occurred before the commission of any of the other most serious offenses for which the offender was previously convicted; or
(b)(i) Has been convicted of: (A) Rape in the first
degree, rape of a child in the first degree, child molestation in
the first degree, rape in the second degree, rape of a child in
the second degree, or indecent liberties by forcible compulsion; (B) any of the following offenses with a finding of sexual motivation: Murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first
degree, kidnapping in the second degree, assault in the first
degree, assault in the second degree, assault of a child in the
first degree, or burglary in the first degree; or (C) an attempt
to commit any crime listed in this subsection (32)(b)(i); and
(ii) Has, before the commission of the offense under
(b)(i) of this subsection, been convicted as an offender on at
least one occasion, whether in this state or elsewhere, of an
offense listed in (b)(i) of this subsection or any federal or outof-state offense or offense under prior Washington law that is
comparable to the offenses listed in (b)(i) of this subsection.
A conviction for rape of a child in the first degree constitutes
a conviction under (b)(i) of this subsection only when the
offender was sixteen years of age or older when the offender
committed the offense. A conviction for rape of a child in the
second degree constitutes a conviction under (b)(i) of this
subsection only when the offender was eighteen years of age
or older when the offender committed the offense.
Sentencing Reform Act of 1981
(33) "Postrelease supervision" is that portion of an
offender's community placement that is not community custody.
(34) "Restitution" means a specific sum of money
ordered by the sentencing court to be paid by the offender to
the court over a specified period of time as payment of damages. The sum may include both public and private costs.
(35) "Risk assessment" means the application of an
objective instrument supported by research and adopted by
the department for the purpose of assessing an offender's risk
of reoffense, taking into consideration the nature of the harm
done by the offender, place and circumstances of the offender
related to risk, the offender's relationship to any victim, and
any information provided to the department by victims. The
results of a risk assessment shall not be based on unconfirmed
or unconfirmable allegations.
(36) "Serious traffic offense" means:
(a) Driving while under the influence of intoxicating
liquor or any drug (RCW 46.61.502), actual physical control
while under the influence of intoxicating liquor or any drug
(RCW 46.61.504), reckless driving (RCW 46.61.500), or hitand-run an attended vehicle (RCW 46.52.020(5)); or
(b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would
be classified as a serious traffic offense under (a) of this subsection.
(37) "Serious violent offense" is a subcategory of violent
offense and means:
(a)(i) Murder in the first degree;
(ii) Homicide by abuse;
(iii) Murder in the second degree;
(iv) Manslaughter in the first degree;
(v) Assault in the first degree;
(vi) Kidnapping in the first degree;
(vii) Rape in the first degree;
(viii) Assault of a child in the first degree; or
(ix) An attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or
(b) Any federal or out-of-state conviction for an offense
that under the laws of this state would be a felony classified
as a serious violent offense under (a) of this subsection.
(38) "Sex offense" means:
(a)(i) A felony that is a violation of chapter 9A.44 RCW
other than RCW 9A.44.130(11);
(ii) A violation of RCW 9A.64.020;
(iii) A felony that is a violation of chapter 9.68A RCW
other than RCW 9.68A.070 or 9.68A.080; or
(iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to
commit such crimes;
(b) Any conviction for a felony offense in effect at any
time prior to July 1, 1976, that is comparable to a felony classified as a sex offense in (a) of this subsection;
(c) A felony with a finding of sexual motivation under
RCW 9.94A.835 or 13.40.135; or
(d) Any federal or out-of-state conviction for an offense
that under the laws of this state would be a felony classified
as a sex offense under (a) of this subsection.
(39) "Sexual motivation" means that one of the purposes
for which the defendant committed the crime was for the purpose of his or her sexual gratification.
9.94A.030
(40) "Standard sentence range" means the sentencing
court's discretionary range in imposing a nonappealable sentence.
(41) "Statutory maximum sentence" means the maximum length of time for which an offender may be confined as
punishment for a crime as prescribed in chapter 9A.20 RCW,
RCW 9.92.010, the statute defining the crime, or other statute
defining the maximum penalty for a crime.
(42) "Total confinement" means confinement inside the
physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW
72.64.050 and 72.64.060.
(43) "Transition training" means written and verbal
instructions and assistance provided by the department to the
offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's
requirements and obligations during the offender's period of
community custody.
(44) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person
or property as a direct result of the crime charged.
(45) "Violent offense" means:
(a) Any of the following felonies:
(i) Any felony defined under any law as a class A felony
or an attempt to commit a class A felony;
(ii) Criminal solicitation of or criminal conspiracy to
commit a class A felony;
(iii) Manslaughter in the first degree;
(iv) Manslaughter in the second degree;
(v) Indecent liberties if committed by forcible compulsion;
(vi) Kidnapping in the second degree;
(vii) Arson in the second degree;
(viii) Assault in the second degree;
(ix) Assault of a child in the second degree;
(x) Extortion in the first degree;
(xi) Robbery in the second degree;
(xii) Drive-by shooting;
(xiii) Vehicular assault, when caused by the operation or
driving of a vehicle by a person while under the influence of
intoxicating liquor or any drug or by the operation or driving
of a vehicle in a reckless manner; and
(xiv) Vehicular homicide, when proximately caused by
the driving of any vehicle by any person while under the
influence of intoxicating liquor or any drug as defined by
RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(b) Any conviction for a felony offense in effect at any
time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense
that under the laws of this state would be a felony classified
as a violent offense under (a) or (b) of this subsection.
(46) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of
the community that complies with RCW 9.94A.725.
(47) "Work ethic camp" means an alternative incarceration program as provided in RCW 9.94A.690 designed to
reduce recidivism and lower the cost of corrections by requir[2003 RCW Supp—page 47]
9.94A.030
Title 9 RCW: Crimes and Punishments
ing offenders to complete a comprehensive array of realworld job and vocational experiences, character-building
work ethics training, life management skills development,
substance abuse rehabilitation, counseling, literacy training,
and basic adult education.
(48) "Work release" means a program of partial confinement available to offenders who are employed or engaged as
a student in a regular course of study at school. [2003 c 53 §
55. Prior: 2002 c 175 § 5; 2002 c 107 § 2; prior: 2001 2nd
sp.s. c 12 § 301; 2001 c 300 § 3; 2001 c 7 § 2; prior: 2001 c
287 § 4; 2001 c 95 § 1; 2000 c 28 § 2; 1999 c 352 § 8; 1999 c
197 § 1; 1999 c 196 § 2; 1998 c 290 § 3; prior: 1997 c 365 §
1; 1997 c 340 § 4; 1997 c 339 § 1; 1997 c 338 § 2; 1997 c 144
§ 1; 1997 c 70 § 1; prior: 1996 c 289 § 1; 1996 c 275 § 5;
prior: 1995 c 268 § 2; 1995 c 108 § 1; 1995 c 101 § 2; 1994
c 261 § 16; prior: 1994 c 1 § 3 (Initiative Measure No. 593,
approved November 2, 1993); 1993 c 338 § 2; 1993 c 251 §
4; 1993 c 164 § 1; prior: 1992 c 145 § 6; 1992 c 75 § 1; prior:
1991 c 348 § 4; 1991 c 290 § 3; 1991 c 181 § 1; 1991 c 32 §
1; 1990 c 3 § 602; prior: 1989 c 394 § 1; 1989 c 252 § 2;
prior: 1988 c 157 § 1; 1988 c 154 § 2; 1988 c 153 § 1; 1988
c 145 § 11; prior: 1987 c 458 § 1; 1987 c 456 § 1; 1987 c 187
§ 3; 1986 c 257 § 17; 1985 c 346 § 5; 1984 c 209 § 3; 1983 c
164 § 9; 1983 c 163 § 1; 1982 c 192 § 1; 1981 c 137 § 3.]
Reviser's note: *(1) RCW 72.66.060 and 72.65.070 were repealed by
2001 c 264 § 7. Cf. 2001 c 264 § 8.
**(2) RCW 9A.88.100 was recodified as RCW 9A.44.100 pursuant to
1979 ex.s. c 244 § 17.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—2002 c 107: "The legislature considers the majority opinions
in State v. Cruz, 139 Wn.2d 186 (1999), and State v. Smith, Cause No.
70683-2 (September 6, 2001), to be wrongly decided, since neither properly
interpreted legislative intent. When the legislature enacted the sentencing
reform act, chapter 9.94A RCW, and each time the legislature has amended
the act, the legislature intended that an offender's criminal history and
offender score be determined using the statutory provisions that were in
effect on the day the current offense was committed.
Although certain prior convictions previously were not counted in the
offender score or included in the criminal history pursuant to former versions
of RCW 9.94A.525, or RCW 9.94A.030, those prior convictions need not be
"revived" because they were never vacated. As noted in the minority opinions in Cruz and Smith, such application of the law does not involve retroactive application or violate ex postfacto prohibitions. Additionally, the Washington state supreme court has repeatedly held in the past that the provisions
of the sentencing reform act act upon and punish only current conduct; the
sentencing reform act does not act upon or alter the punishment for prior convictions. SeeIn re Personal Restraint Petition of Williams, 111 Wn.2d 353,
(1988). The legislature has never intended to create in an offender a vested
right with respect to whether a prior conviction is excluded when calculating
an offender score or with respect to how a prior conviction is counted in the
offender score for a current offense." [2002 c 107 § 1.]
Application—2002 c 107: "RCW 9.94A.030(13) (b) and (c) and
9.94A.525(18) apply only to current offenses committed on or after June 13,
2002. No offender who committed his or her current offense prior to June
13, 2002, may be subject to resentencing as a result of this act." [2002 c 107
§ 4.]
Application—2001 2nd sp.s. c 12 §§ 301-363: "(1) Sections 301
through 363 of this act shall not affect the validity of any sentence imposed
under any other law for any offense committed before, on, or after September 1, 2001.
(2) Sections 301 through 363 of this act shall apply to offenses committed on or after September 1, 2001." [2001 2nd sp.s. c 12 § 503.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Effective dates—2001 c 287: See note following RCW 9A.76.115.
[2003 RCW Supp—page 48]
Effective date—2001 c 95: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."
[2001 c 95 § 3.]
Finding—Intent—2001 c 7: "The legislature finds that an ambiguity
may exist regarding whether out-of-state convictions or convictions under
prior Washington law, for sex offenses that are comparable to current Washington offenses, count when determining whether an offender is a persistent
offender. This act is intended to clarify the legislature's intent that out-ofstate convictions for comparable sex offenses and prior Washington convictions for comparable sex offenses shall be used to determine whether an
offender meets the definition of a persistent offender." [2001 c 7 § 1.]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Severability—1999 c 197: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1999 c 197 § 14.]
Construction—Short title—1999 c 196: See RCW 72.09.904 and
72.09.905.
Severability—1999 c 196: See note following RCW 9.94A.010.
Application—Effective date—Severability—1998 c 290: See notes
following RCW 69.50.401.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Finding—1996 c 275: See note following RCW 9.94A.505.
Application—1996 c 275 §§ 1-5: See note following RCW 9.94A.505.
Purpose—1995 c 268: "In order to eliminate a potential ambiguity over
the scope of the term "sex offense," this act clarifies that for general purposes
the definition of "sex offense" does not include any misdemeanors or gross
misdemeanors. For purposes of the registration of sex offenders pursuant to
RCW 9A.44.130, however, the definition of "sex offense" is expanded to
include those gross misdemeanors that constitute attempts, conspiracies, and
solicitations to commit class C felonies." [1995 c 268 § 1.]
Effective date—1995 c 108: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 19, 1995]." [1995 c 108 § 6.]
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Severability—Short title—Captions—1994 c 1: See notes following
RCW 9.94A.555.
Severability—Effective date—1993 c 338: See notes following RCW
72.09.400.
Finding—Intent—1993 c 251: See note following RCW 38.52.430.
Effective date—1991 c 348: See note following RCW 46.61.520.
Effective date—Application—1990 c 3 §§ 601-605: See note following RCW 9.94A.835.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Purpose—1989 c 252: "The purpose of this act is to create a system
that: (1) Assists the courts in sentencing felony offenders regarding the
offenders' legal financial obligations; (2) holds offenders accountable to victims, counties, cities, the state, municipalities, and society for the assessed
costs associated with their crimes; and (3) provides remedies for an individual or other entities to recoup or at least defray a portion of the loss associated with the costs of felonious behavior." [1989 c 252 § 1.]
Prospective application—1989 c 252: "Except for sections 18, 22, 23,
and 24 of this act, this act applies prospectively only and not retrospectively.
It applies only to offenses committed on or after the effective date of this
act." [1989 c 252 § 27.]
Effective dates—1989 c 252: "(1) Sections 1 through 17, 19 through
21, 25, 26, and 28 of this act shall take effect July 1, 1990 unless otherwise
directed by law.
(2) Sections 18, 22, 23, and 24 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and shall take effect
July 1, 1989." [1989 c 252 § 30.]
Sentencing Reform Act of 1981
Severability—1989 c 252: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1989 c 252 § 31.]
Application—1988 c 157: "This act applies to crimes committed after
July 1, 1988." [1988 c 157 § 7.]
Effective date—1988 c 153: "This act shall take effect July 1, 1988."
[1988 c 153 § 16.]
Application of increased sanctions—1988 c 153: "Increased sanctions authorized by this act are applicable only to those persons committing
offenses after July 1, 1988." [1988 c 153 § 15.]
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.
Severability—1987 c 458: See note following RCW 48.21.160.
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: "Sections 17 through 35 of this
act shall take effect July 1, 1986." [1986 c 257 § 38.]
Effective dates—1984 c 209: See note following RCW 9.92.150.
9.94A.515
(iii) The conditions of the offender's community custody, community placement, or community supervision
include chemical dependency treatment;
(iv) The offender was sentenced under RCW 9.94A.650
or 9.94A.670; or
(v) The offender is subject to supervision pursuant to
RCW 9.94A.745.
(3) The department is not authorized to, and may not,
supervise any offender sentenced to a term of community
custody, community placement, or community supervision
unless the offender is one for whom supervision is required
under subsection (2) of this section.
(4) This section expires July 1, 2010. [2003 c 379 § 3.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Effective date—1983 c 163: See note following RCW 9.94A.505.
9.94A.515
9.94A.501
9.94A.501 Risk assessment—Risk categories—
Department must supervise specified offenders. (Expires
July 1, 2010.) (1) When the department performs a risk
assessment pursuant to RCW 9.94A.500, or to determine a
person's conditions of supervision, the risk assessment shall
classify the offender into one of at least four risk categories.
(2) The department shall supervise every offender sentenced to a term of community custody, community placement, or community supervision:
(a) Whose risk assessment places that offender in one of
the two highest risk categories; or
(b) Regardless of the offender's risk category if:
(i) The offender's current conviction is for:
(A) A sex offense;
(B) A violent offense;
(C) A crime against persons as defined in RCW
9.94A.411;
(D) A felony that is domestic violence as defined in
RCW 10.99.020;
(E) A violation of RCW 9A.52.025 (residential burglary);
(F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or
possession with intent to deliver methamphetamine; or
(G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor);
(ii) The offender has a prior conviction for:
(A) A sex offense;
(B) A violent offense;
(C) A crime against persons as defined in RCW
9.94A.411;
(D) A felony that is domestic violence as defined in
RCW 10.99.020;
(E) A violation of RCW 9A.52.025 (residential burglary);
(F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or
possession with intent to deliver methamphetamine; or
(G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor);
9.94A.515 Table 2—Crimes included within each
seriousness level. (Expires July 1, 2004.)
XVI
XV
XIV
XIII
XII
XI
X
TABLE 2
CRIMES INCLUDED WITHIN EACH
SERIOUSNESS LEVEL
Aggravated Murder 1 (RCW 10.95.020)
Homicide by abuse (RCW 9A.32.055)
Malicious explosion 1 (RCW
70.74.280(1))
Murder 1 (RCW 9A.32.030)
Murder 2 (RCW 9A.32.050)
Trafficking 1 (RCW 9A.40.100(1))
Malicious explosion 2 (RCW
70.74.280(2))
Malicious placement of an explosive 1
(RCW 70.74.270(1))
Assault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
Malicious placement of an imitation
device 1 (RCW 70.74.272(1)(a))
Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
Trafficking 2 (RCW 9A.40.100(2))
Manslaughter 1 (RCW 9A.32.060)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
Child Molestation 1 (RCW 9A.44.083)
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
Kidnapping 1 (RCW 9A.40.020)
Leading Organized Crime (RCW
9A.82.060(1)(a))
Malicious explosion 3 (RCW
70.74.280(3))
Manufacture of methamphetamine
(RCW 69.50.401(a)(1)(ii))
[2003 RCW Supp—page 49]
9.94A.515
Title 9 RCW: Crimes and Punishments
Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or
II, or flunitrazepam from Schedule
IV to someone under 18 (RCW
69.50.406)
Sexually Violent Predator Escape (RCW
9A.76.115)
IX Assault of a Child 2 (RCW 9A.36.130)
Controlled Substance Homicide (RCW
69.50.415)
Explosive devices prohibited (RCW
70.74.180)
Hit and Run—Death (RCW
46.52.020(4)(a))
Homicide by Watercraft, by being under
the influence of intoxicating liquor
or any drug (RCW 79A.60.050)
Inciting Criminal Profiteering (RCW
9A.82.060(1)(b))
Malicious placement of an explosive 2
(RCW 70.74.270(2))
Over 18 and deliver narcotic from
Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to
someone under 18 and 3 years junior
(RCW 69.50.406)
Robbery 1 (RCW 9A.56.200)
Sexual Exploitation (RCW 9.68A.040)
Vehicular Homicide, by being under the
influence of intoxicating liquor or
any drug (RCW 46.61.520)
VIII Arson 1 (RCW 9A.48.020)
Deliver or possess with intent to deliver
methamphetamine (RCW
69.50.401(a)(1)(ii))
Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)
Manslaughter 2 (RCW 9A.32.070)
Manufacture, deliver, or possess with
intent to deliver amphetamine
(RCW 69.50.401(a)(1)(ii))
Manufacture, deliver, or possess with
intent to deliver heroin or cocaine
(RCW 69.50.401(a)(1)(i))
Possession of Ephedrine or any of its
Salts or Isomers or Salts of Isomers,
Pseudoephedrine or any of its Salts
or Isomers or Salts of Isomers, Pressurized Ammonia Gas, or Pressurized Ammonia Gas Solution with
intent to manufacture methamphetamine (RCW 69.50.440)
[2003 RCW Supp—page 50]
Promoting Prostitution 1 (RCW
9A.88.070)
Selling for profit (controlled or counterfeit) any controlled substance (RCW
69.50.410)
Theft of Ammonia (RCW 69.55.010)
Vehicular Homicide, by the operation of
any vehicle in a reckless manner
(RCW 46.61.520)
VII Burglary 1 (RCW 9A.52.020)
Child Molestation 2 (RCW 9A.44.086)
Civil Disorder Training (RCW
9A.48.120)
Dealing in depictions of minor engaged
in sexually explicit conduct (RCW
9.68A.050)
Drive-by Shooting (RCW 9A.36.045)
Homicide by Watercraft, by disregard
for the safety of others (RCW
79A.60.050)
Indecent Liberties (without forcible
compulsion) (RCW 9A.44.100(1)
(b) and (c))
Introducing Contraband 1 (RCW
9A.76.140)
Involving a minor in drug dealing (RCW
69.50.401(f))
Malicious placement of an explosive 3
(RCW 70.74.270(3))
Sending, bringing into state depictions of
minor engaged in sexually explicit
conduct (RCW 9.68A.060)
Unlawful Possession of a Firearm in the
first degree (RCW 9.41.040(1)(a))
Use of a Machine Gun in Commission of
a Felony (RCW 9.41.225)
Vehicular Homicide, by disregard for the
safety of others (RCW 46.61.520)
VI Bail Jumping with Murder 1 (RCW
9A.76.170(3)(a))
Bribery (RCW 9A.68.010)
Incest 1 (RCW 9A.64.020(1))
Intimidating a Judge (RCW 9A.72.160)
Intimidating a Juror/Witness (RCW
9A.72.110, 9A.72.130)
Malicious placement of an imitation
device 2 (RCW 70.74.272(1)(b))
Manufacture, deliver, or possess with
intent to deliver narcotics from
Schedule I or II (except heroin or
cocaine) or flunitrazepam from
Schedule IV (RCW
69.50.401(a)(1)(i))
Rape of a Child 3 (RCW 9A.44.079)
Sentencing Reform Act of 1981
Theft of a Firearm (RCW 9A.56.300)
Unlawful Storage of Ammonia (RCW
69.55.020)
V Abandonment of dependent person 1
(RCW 9A.42.060)
Advancing money or property for extortionate extension of credit (RCW
9A.82.030)
Bail Jumping with class A Felony (RCW
9A.76.170(3)(b))
Child Molestation 3 (RCW 9A.44.089)
Criminal Mistreatment 1 (RCW
9A.42.020)
Custodial Sexual Misconduct 1 (RCW
9A.44.160)
Delivery of imitation controlled substance by person eighteen or over to
person under eighteen (RCW
69.52.030(2))
Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050,
26.09.300, 26.10.220, 26.26.138,
26.50.110, 26.52.070, or 74.34.145)
Extortion 1 (RCW 9A.56.120)
Extortionate Extension of Credit (RCW
9A.82.020)
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
Incest 2 (RCW 9A.64.020(2))
Kidnapping 2 (RCW 9A.40.030)
Perjury 1 (RCW 9A.72.020)
Persistent prison misbehavior (RCW
9.94.070)
Possession of a Stolen Firearm (RCW
9A.56.310)
Rape 3 (RCW 9A.44.060)
Rendering Criminal Assistance 1 (RCW
9A.76.070)
Sexual Misconduct with a Minor 1
(RCW 9A.44.093)
Sexually Violating Human Remains
(RCW 9A.44.105)
Stalking (RCW 9A.46.110)
Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070(1))
IV Arson 2 (RCW 9A.48.030)
Assault 2 (RCW 9A.36.021)
Assault by Watercraft (RCW
79A.60.060)
Bribing a Witness/Bribe Received by
Witness (RCW 9A.72.090,
9A.72.100)
Cheating 1 (RCW 9.46.1961)
9.94A.515
Commercial Bribery (RCW 9A.68.060)
Counterfeiting (RCW 9.16.035(4))
Endangerment with a Controlled Substance (RCW 9A.42.100)
Escape 1 (RCW 9A.76.110)
Hit and Run—Injury (RCW
46.52.020(4)(b))
Hit and Run with Vessel—Injury Accident (RCW 79A.60.200(3))
Identity Theft 1 (RCW 9.35.020(2)(a))
Indecent Exposure to Person Under Age
Fourteen (subsequent sex offense)
(RCW 9A.88.010)
Influencing Outcome of Sporting Event
(RCW 9A.82.070)
Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))
Malicious Harassment (RCW
9A.36.080)
Manufacture, deliver, or possess with
intent to deliver narcotics from
Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW
69.50.401(a)(1) (iii) through (v))
Residential Burglary (RCW 9A.52.025)
Robbery 2 (RCW 9A.56.210)
Theft of Livestock 1 (RCW 9A.56.080)
Threats to Bomb (RCW 9.61.160)
Unlawful factoring of a credit card or
payment card transaction (RCW
9A.56.290(4)(b))
Unlawful transaction of health coverage
as a health care service contractor
(RCW 48.44.016(3))
Unlawful transaction of health coverage
as a health maintenance organization (RCW 48.46.033(3))
Unlawful transaction of insurance business (RCW 48.15.023(3))
Unlicensed practice as an insurance professional (RCW 48.17.063(3))
Use of Proceeds of Criminal Profiteering
(RCW 9A.82.080 (1) and (2))
Vehicular Assault, by being under the
influence of intoxicating liquor or
any drug, or by the operation or
driving of a vehicle in a reckless
manner (RCW 46.61.522)
Willful Failure to Return from Furlough
(*RCW 72.66.060)
III Abandonment of dependent person 2
(RCW 9A.42.070)
[2003 RCW Supp—page 51]
9.94A.515
Title 9 RCW: Crimes and Punishments
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW 9A.36.140)
Bail Jumping with class B or C Felony
(RCW 9A.76.170(3)(c))
Burglary 2 (RCW 9A.52.030)
Communication with a Minor for
Immoral Purposes (RCW
9.68A.090)
Criminal Gang Intimidation (RCW
9A.46.120)
Criminal Mistreatment 2 (RCW
9A.42.030)
Custodial Assault (RCW 9A.36.100)
Delivery of a material in lieu of a controlled substance (RCW
69.50.401(c))
Escape 2 (RCW 9A.76.120)
Extortion 2 (RCW 9A.56.130)
Harassment (RCW 9A.46.020)
Intimidating a Public Servant (RCW
9A.76.180)
Introducing Contraband 2 (RCW
9A.76.150)
Maintaining a Dwelling or Place for
Controlled Substances (RCW
69.50.402(a)(6))
Malicious Injury to Railroad Property
(RCW 81.60.070)
Manufacture, deliver, or possess with
intent to deliver marijuana (RCW
69.50.401(a)(1)(iii))
Manufacture, distribute, or possess with
intent to distribute an imitation controlled substance (RCW
69.52.030(1))
Patronizing a Juvenile Prostitute (RCW
9.68A.100)
Perjury 2 (RCW 9A.72.030)
Possession of Incendiary Device (RCW
9.40.120)
Possession of Machine Gun or ShortBarreled Shotgun or Rifle (RCW
9.41.190)
Promoting Prostitution 2 (RCW
9A.88.080)
Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))
Securities Act violation (RCW
21.20.400)
Tampering with a Witness (RCW
9A.72.120)
Telephone Harassment (subsequent conviction or threat of death) (RCW
9.61.230)
[2003 RCW Supp—page 52]
Theft of Livestock 2 (RCW 9A.56.080)
Unlawful Imprisonment (RCW
9A.40.040)
Unlawful possession of firearm in the
second degree (RCW
9.41.040(1)(b))
Unlawful Use of Building for Drug Purposes (RCW 69.53.010)
Vehicular Assault, by the operation or
driving of a vehicle with disregard
for the safety of others (RCW
46.61.522)
Willful Failure to Return from Work
Release (*RCW 72.65.070)
II Computer Trespass 1 (RCW 9A.52.110)
Counterfeiting (RCW 9.16.035(3))
Create, deliver, or possess a counterfeit
controlled substance (RCW
69.50.401(b))
Escape from Community Custody (RCW
72.09.310)
Health Care False Claims (RCW
48.80.030)
Identity Theft 2 (RCW 9.35.020(2)(b))
Improperly Obtaining Financial Information (RCW 9.35.010)
Malicious Mischief 1 (RCW 9A.48.070)
Possession of controlled substance that is
either heroin or narcotics from
Schedule I or II or flunitrazepam
from Schedule IV (RCW
69.50.401(d))
Possession of phencyclidine (PCP)
(RCW 69.50.401(d))
Possession of Stolen Property 1 (RCW
9A.56.150)
Theft 1 (RCW 9A.56.030)
Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more)
(RCW 9A.56.096(4))
Trafficking in Insurance Claims (RCW
48.30A.015)
Unlawful factoring of a credit card or
payment card transaction (RCW
9A.56.290(4)(a))
Unlawful Practice of Law (RCW
2.48.180)
Unlicensed Practice of a Profession or
Business (RCW 18.130.190(7))
I Attempting to Elude a Pursuing Police
Vehicle (RCW 46.61.024)
False Verification for Welfare (RCW
74.08.055)
Sentencing Reform Act of 1981
Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled
Substance (RCW 69.50.403)
Forgery (RCW 9A.60.020)
Fraudulent Creation or Revocation of a
Mental Health Advance Directive
(RCW 9A.60.060)
Malicious Mischief 2 (RCW 9A.48.080)
Mineral Trespass (RCW 78.44.330)
Possess Controlled Substance that is a
Narcotic from Schedule III, IV, or V
or Non-narcotic from Schedule I-V
(except phencyclidine or flunitrazepam) (RCW 69.50.401(d))
Possession of Stolen Property 2 (RCW
9A.56.160)
Reckless Burning 1 (RCW 9A.48.040)
Taking Motor Vehicle Without Permission 2 (RCW 9A.56.070(2))
Theft 2 (RCW 9A.56.040)
Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less
than one thousand five hundred dollars) (RCW 9A.56.096(4))
Transaction of insurance business
beyond the scope of licensure (RCW
48.17.063(4))
Unlawful Issuance of Checks or Drafts
(RCW 9A.56.060)
Unlawful Possession of Fictitious Identification (RCW 9A.56.320)
Unlawful Possession of Instruments of
Financial Fraud (RCW 9A.56.320)
Unlawful Possession of Payment Instruments (RCW 9A.56.320)
Unlawful Possession of a Personal Identification Device (RCW 9A.56.320)
Unlawful Production of Payment Instruments (RCW 9A.56.320)
Unlawful Use of Food Stamps (RCW
9.91.140 (2) and (3))
Vehicle Prowl 1 (RCW 9A.52.095)
[2003 c 335 § 4; 2003 c 283 § 32; 2003 c 267 § 2; 2003 c 250
§ 13; 2003 c 119 § 7; 2003 c 52 § 3. Prior: 2002 c 340 § 2;
2002 c 324 § 2; (2002 c 290 § 2 expired July 1, 2003); 2002
c 253 § 4; 2002 c 229 § 2; 2002 c 134 § 2; 2002 c 133 § 4;
prior: 2001 2nd sp.s. c 12 § 361; 2001 c 300 § 4; 2001 c 217
§ 12; 2001 c 17 § 1; prior: 2001 c 310 § 4; 2001 c 287 § 3;
2001 c 224 § 3; 2001 c 222 § 24; 2001 c 207 § 3; 2000 c 225
§ 5; 2000 c 119 § 17; 2000 c 66 § 2; prior: 1999 c 352 § 3;
1999 c 322 § 5; 1999 c 45 § 4; prior: 1998 c 290 § 4; 1998 c
219 § 4; 1998 c 82 § 1; 1998 c 78 § 1; prior: 1997 c 365 § 4;
1997 c 346 § 3; 1997 c 340 § 1; 1997 c 338 § 51; 1997 c 266
§ 15; 1997 c 120 § 5; prior: 1996 c 302 § 6; 1996 c 205 § 3;
9.94A.515
1996 c 36 § 2; prior: 1995 c 385 § 2; 1995 c 285 § 28; 1995
c 129 § 3 (Initiative Measure No. 159); prior: (1994 sp.s. c 7
§ 510 repealed by 1995 c 129 § 19 (Initiative Measure No.
159)); 1994 c 275 § 20; 1994 c 53 § 2; prior: 1992 c 145 § 4;
1992 c 75 § 3; 1991 c 32 § 3; 1990 c 3 § 702; prior: 1989 2nd
ex.s. c 1 § 3; 1989 c 412 § 3; 1989 c 405 § 1; 1989 c 271 §
102; 1989 c 99 § 1; prior: 1988 c 218 § 2; 1988 c 145 § 12;
1988 c 62 § 2; prior: 1987 c 224 § 1; 1987 c 187 § 4; 1986 c
257 § 23; 1984 c 209 § 17; 1983 c 115 § 3. Formerly RCW
9.94A.320.]
Reviser's note: *(1) RCW 72.66.060 and 72.65.070 were repealed by
2001 c 264 § 7. Cf. 2001 c 264 § 8.
(2) This section was amended by 2003 c 52 § 3, 2003 c 119 § 7, 2003 c
250 § 13, 2003 c 267 § 2, 2003 c 283 § 32, and by 2003 c 335 § 4, each without reference to the other. All amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see
RCW 1.12.025(1).
Expiration date—2003 c 335 § 4: "Section 4 of this act expires July 1,
2004." [2003 c 335 § 7.]
Expiration date—2003 c 283 § 32: "Section 32 of this act expires July
1, 2004." [2003 c 283 § 36.]
Severability—Part headings not law—2003 c 283: See RCW
71.32.900 and 71.32.901.
Expiration date—2003 c 267 § 2: "Section 2 of this act expires July 1,
2004." [2003 c 267 § 8.]
Expiration date—2003 c 250 § 13: "Section 13 of this act expires July
1, 2004." [2003 c 250 § 16.]
Severability—2003 c 250: See note following RCW 48.01.080.
Expiration date—2003 c 119 § 7: "Section 7 of this act expires July 1,
2004." [2003 c 119 § 9.]
Expiration date—2003 c 52 § 3: "Section 3 of this act expires July 1,
2004." [2003 c 52 § 5.]
Study and report—2002 c 324: See note following RCW 9A.56.070.
Effective date—2002 c 290 §§ 2 and 3: "Sections 2 and 3 of this act
take effect July 1, 2002, and apply to crimes committed on or after July 1,
2002." [2002 c 290 § 29.]
Expiration date—2002 c 290 § 2: "Section 2 of this act expires July 1,
2003." [2003 c 379 § 9; 2002 c 290 § 30.]
Intent—2002 c 290: See note following RCW 9.94A.517.
Effective date—2002 c 229: See note following RCW 9A.42.100.
Effective date—2002 c 134: See note following RCW 69.50.440.
Effective date—2002 c 133: See note following RCW 69.55.010.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Purpose—Effective date—2001 c 310: See notes following RCW
2.48.180.
Effective dates—2001 c 287: See note following RCW 9A.76.115.
Purpose—Effective date—2001 c 224: See notes following RCW
9A.68.060.
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
Captions not law—2001 c 217: See note following RCW 9.35.005.
Purpose—Effective date—2001 c 207: See notes following RCW
18.130.190.
Severability—2000 c 225: See note following RCW 69.55.010.
Effective date—2000 c 119 § 17: "Section 17 of this act takes effect
July 1, 2000." [2000 c 119 § 30.]
Application—2000 c 119: See note following RCW 26.50.021.
Alphabetization—1999 c 352: "The code reviser shall alphabetize the
offenses within each seriousness level in RCW 9.94A.320, including any
offenses added in the 1999 legislative session." [1999 c 352 § 6.]
[2003 RCW Supp—page 53]
9.94A.515
Title 9 RCW: Crimes and Punishments
Application—1999 c 352 §§ 3-5: "The amendments made by sections
3 through 5, chapter 352, Laws of 1999 shall apply to offenses committed on
or after July 25, 1999, except that the amendments made by chapter 352,
Laws of 1999 to seriousness level V in RCW 9.94A.320 shall apply to
offenses committed on or after July 1, 2000." [1999 c 352 § 7.]
Application—Effective date—Severability—1998 c 290: See notes
following RCW 69.50.401.
Application—1998 c 78: "This act applies to crimes committed on or
after July 1, 1998." [1998 c 78 § 2.]
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
Severability—1996 c 302: See note following RCW 9A.42.010.
Effective date—1995 c 285: See RCW 48.30A.900.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Contingent expiration date—1994 sp.s. c 7: See note following RCW
43.70.540.
Finding—Intent—Severability—Effective dates—1994 sp.s. c 7:
See notes following RCW 43.70.540.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Effective date—1989 2nd ex.s. c 1: See note following RCW
9A.52.025.
Finding—Intent—1989 c 271 §§ 102, 109, and 110: See note following RCW 9A.36.050.
Application—1989 c 271 §§ 101-111: See note following RCW
9.94A.510.
Severability—1989 c 271: See note following RCW 9.94A.510.
Application—1989 c 99: "This act applies to crimes committed after
July 1, 1989." [1989 c 99 § 2.]
Effective date—1989 c 99: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1989." [1989 c 99 § 3.]
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.
Effective date—Application—1987 c 224: "This act is necessary for
the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take
effect on July 1, 1987. It shall apply to crimes committed on or after July 1,
1987." [1987 c 224 § 2.]
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: See note following RCW
9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
9.94A.515
9.94A.515 Table 2—Crimes included within each
seriousness level. (Effective July 1, 2004.)
TABLE 2
CRIMES INCLUDED WITHIN EACH
SERIOUSNESS LEVEL
XVI Aggravated Murder 1 (RCW 10.95.020)
XV Homicide by abuse (RCW 9A.32.055)
Malicious explosion 1 (RCW
70.74.280(1))
Murder 1 (RCW 9A.32.030)
[2003 RCW Supp—page 54]
XIV Murder 2 (RCW 9A.32.050)
Trafficking 1 (RCW 9A.40.100(1))
XIII Malicious explosion 2 (RCW
70.74.280(2))
Malicious placement of an explosive 1
(RCW 70.74.270(1))
XII Assault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
Malicious placement of an imitation
device 1 (RCW 70.74.272(1)(a))
Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
Trafficking 2 (RCW 9A.40.100(2))
XI Manslaughter 1 (RCW 9A.32.060)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
X Child Molestation 1 (RCW 9A.44.083)
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
Kidnapping 1 (RCW 9A.40.020)
Leading Organized Crime (RCW
9A.82.060(1)(a))
Malicious explosion 3 (RCW
70.74.280(3))
Sexually Violent Predator Escape (RCW
9A.76.115)
IX Assault of a Child 2 (RCW 9A.36.130)
Explosive devices prohibited (RCW
70.74.180)
Hit and Run—Death (RCW
46.52.020(4)(a))
Homicide by Watercraft, by being under
the influence of intoxicating liquor
or any drug (RCW 79A.60.050)
Inciting Criminal Profiteering (RCW
9A.82.060(1)(b))
Malicious placement of an explosive 2
(RCW 70.74.270(2))
Robbery 1 (RCW 9A.56.200)
Sexual Exploitation (RCW 9.68A.040)
Vehicular Homicide, by being under the
influence of intoxicating liquor or
any drug (RCW 46.61.520)
VIII Arson 1 (RCW 9A.48.020)
Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)
Manslaughter 2 (RCW 9A.32.070)
Promoting Prostitution 1 (RCW
9A.88.070)
Theft of Ammonia (RCW 69.55.010)
Sentencing Reform Act of 1981
Vehicular Homicide, by the operation of
any vehicle in a reckless manner
(RCW 46.61.520)
VII Burglary 1 (RCW 9A.52.020)
Child Molestation 2 (RCW 9A.44.086)
Civil Disorder Training (RCW
9A.48.120)
Dealing in depictions of minor engaged
in sexually explicit conduct (RCW
9.68A.050)
Drive-by Shooting (RCW 9A.36.045)
Homicide by Watercraft, by disregard
for the safety of others (RCW
79A.60.050)
Indecent Liberties (without forcible
compulsion) (RCW 9A.44.100(1)
(b) and (c))
Introducing Contraband 1 (RCW
9A.76.140)
Malicious placement of an explosive 3
(RCW 70.74.270(3))
Sending, bringing into state depictions of
minor engaged in sexually explicit
conduct (RCW 9.68A.060)
Unlawful Possession of a Firearm in the
first degree (RCW 9.41.040(1))
Use of a Machine Gun in Commission of
a Felony (RCW 9.41.225)
Vehicular Homicide, by disregard for the
safety of others (RCW 46.61.520)
VI Bail Jumping with Murder 1 (RCW
9A.76.170(3)(a))
Bribery (RCW 9A.68.010)
Incest 1 (RCW 9A.64.020(1))
Intimidating a Judge (RCW 9A.72.160)
Intimidating a Juror/Witness (RCW
9A.72.110, 9A.72.130)
Malicious placement of an imitation
device 2 (RCW 70.74.272(1)(b))
Rape of a Child 3 (RCW 9A.44.079)
Theft of a Firearm (RCW 9A.56.300)
Unlawful Storage of Ammonia (RCW
69.55.020)
V Abandonment of dependent person 1
(RCW 9A.42.060)
Advancing money or property for extortionate extension of credit (RCW
9A.82.030)
Bail Jumping with class A Felony (RCW
9A.76.170(3)(b))
Child Molestation 3 (RCW 9A.44.089)
Criminal Mistreatment 1 (RCW
9A.42.020)
9.94A.515
Custodial Sexual Misconduct 1 (RCW
9A.44.160)
Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050,
26.09.300, 26.10.220, 26.26.138,
26.50.110, 26.52.070, or 74.34.145)
Extortion 1 (RCW 9A.56.120)
Extortionate Extension of Credit (RCW
9A.82.020)
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
Incest 2 (RCW 9A.64.020(2))
Kidnapping 2 (RCW 9A.40.030)
Perjury 1 (RCW 9A.72.020)
Persistent prison misbehavior (RCW
9.94.070)
Possession of a Stolen Firearm (RCW
9A.56.310)
Rape 3 (RCW 9A.44.060)
Rendering Criminal Assistance 1 (RCW
9A.76.070)
Sexual Misconduct with a Minor 1
(RCW 9A.44.093)
Sexually Violating Human Remains
(RCW 9A.44.105)
Stalking (RCW 9A.46.110)
Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070)
IV Arson 2 (RCW 9A.48.030)
Assault 2 (RCW 9A.36.021)
Assault by Watercraft (RCW
79A.60.060)
Bribing a Witness/Bribe Received by
Witness (RCW 9A.72.090,
9A.72.100)
Cheating 1 (RCW 9.46.1961)
Commercial Bribery (RCW 9A.68.060)
Counterfeiting (RCW 9.16.035(4))
Endangerment with a Controlled Substance (RCW 9A.42.100)
Escape 1 (RCW 9A.76.110)
Hit and Run—Injury (RCW
46.52.020(4)(b))
Hit and Run with Vessel—Injury Accident (RCW 79A.60.200(3))
Identity Theft 1 (RCW 9.35.020(2))
Indecent Exposure to Person Under Age
Fourteen (subsequent sex offense)
(RCW 9A.88.010)
Influencing Outcome of Sporting Event
(RCW 9A.82.070)
Malicious Harassment (RCW
9A.36.080)
[2003 RCW Supp—page 55]
9.94A.515
Title 9 RCW: Crimes and Punishments
Residential Burglary (RCW 9A.52.025)
Robbery 2 (RCW 9A.56.210)
Theft of Livestock 1 (RCW 9A.56.080)
Threats to Bomb (RCW 9.61.160)
Trafficking in Stolen Property 1 (RCW
9A.82.050)
Unlawful factoring of a credit card or
payment card transaction (RCW
9A.56.290(4)(b))
Unlawful transaction of health coverage
as a health care service contractor
(RCW 48.44.016(3))
Unlawful transaction of health coverage
as a health maintenance organization (RCW 48.46.033(3))
Unlawful transaction of insurance business (RCW 48.15.023(3))
Unlicensed practice as an insurance professional (RCW 48.17.063(3))
Use of Proceeds of Criminal Profiteering
(RCW 9A.82.080 (1) and (2))
Vehicular Assault, by being under the
influence of intoxicating liquor or
any drug, or by the operation or
driving of a vehicle in a reckless
manner (RCW 46.61.522)
Willful Failure to Return from Furlough
(*RCW 72.66.060)
III Abandonment of dependent person 2
(RCW 9A.42.070)
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW 9A.36.140)
Bail Jumping with class B or C Felony
(RCW 9A.76.170(3)(c))
Burglary 2 (RCW 9A.52.030)
Communication with a Minor for
Immoral Purposes (RCW
9.68A.090)
Criminal Gang Intimidation (RCW
9A.46.120)
Criminal Mistreatment 2 (RCW
9A.42.030)
Custodial Assault (RCW 9A.36.100)
Escape 2 (RCW 9A.76.120)
Extortion 2 (RCW 9A.56.130)
Harassment (RCW 9A.46.020)
Intimidating a Public Servant (RCW
9A.76.180)
Introducing Contraband 2 (RCW
9A.76.150)
Malicious Injury to Railroad Property
(RCW 81.60.070)
[2003 RCW Supp—page 56]
Patronizing a Juvenile Prostitute (RCW
9.68A.100)
Perjury 2 (RCW 9A.72.030)
Possession of Incendiary Device (RCW
9.40.120)
Possession of Machine Gun or ShortBarreled Shotgun or Rifle (RCW
9.41.190)
Promoting Prostitution 2 (RCW
9A.88.080)
Securities Act violation (RCW
21.20.400)
Tampering with a Witness (RCW
9A.72.120)
Telephone Harassment (subsequent conviction or threat of death) (RCW
9.61.230(2))
Theft of Livestock 2 (RCW 9A.56.083)
Trafficking in Stolen Property 2 (RCW
9A.82.055)
Unlawful Imprisonment (RCW
9A.40.040)
Unlawful possession of firearm in the
second degree (RCW 9.41.040(2))
Vehicular Assault, by the operation or
driving of a vehicle with disregard
for the safety of others (RCW
46.61.522)
Willful Failure to Return from Work
Release (*RCW 72.65.070)
II Computer Trespass 1 (RCW 9A.52.110)
Counterfeiting (RCW 9.16.035(3))
Escape from Community Custody (RCW
72.09.310)
Health Care False Claims (RCW
48.80.030)
Identity Theft 2 (RCW 9.35.020(3))
Improperly Obtaining Financial Information (RCW 9.35.010)
Malicious Mischief 1 (RCW 9A.48.070)
Possession of Stolen Property 1 (RCW
9A.56.150)
Theft 1 (RCW 9A.56.030)
Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more)
(RCW 9A.56.096(5)(a))
Trafficking in Insurance Claims (RCW
48.30A.015)
Unlawful factoring of a credit card or
payment card transaction (RCW
9A.56.290(4)(a))
Unlawful Practice of Law (RCW
2.48.180)
Sentencing Reform Act of 1981
Unlicensed Practice of a Profession or
Business (RCW 18.130.190(7))
I Attempting to Elude a Pursuing Police
Vehicle (RCW 46.61.024)
False Verification for Welfare (RCW
74.08.055)
Forgery (RCW 9A.60.020)
Fraudulent Creation or Revocation of a
Mental Health Advance Directive
(RCW 9A.60.060)
Malicious Mischief 2 (RCW 9A.48.080)
Mineral Trespass (RCW 78.44.330)
Possession of Stolen Property 2 (RCW
9A.56.160)
Reckless Burning 1 (RCW 9A.48.040)
Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075)
Theft 2 (RCW 9A.56.040)
Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less
than one thousand five hundred dollars) (RCW 9A.56.096(5)(b))
Transaction of insurance business
beyond the scope of licensure (RCW
48.17.063(4))
Unlawful Issuance of Checks or Drafts
(RCW 9A.56.060)
Unlawful Possession of Fictitious Identification (RCW 9A.56.320)
Unlawful Possession of Instruments of
Financial Fraud (RCW 9A.56.320)
Unlawful Possession of Payment Instruments (RCW 9A.56.320)
Unlawful Possession of a Personal Identification Device (RCW 9A.56.320)
Unlawful Production of Payment Instruments (RCW 9A.56.320)
Unlawful Trafficking in Food Stamps
(RCW 9.91.142)
Unlawful Use of Food Stamps (RCW
9.91.144)
Vehicle Prowl 1 (RCW 9A.52.095)
[2003 c 335 § 5; 2003 c 283 § 33; 2003 c 267 § 3; 2003 c 250
§ 14; 2003 c 119 § 8; 2003 c 53 § 56; 2003 c 52 § 4. Prior:
2002 c 340 § 2; 2002 c 324 § 2; 2002 c 290 § 7; 2002 c 253 §
4; 2002 c 229 § 2; 2002 c 134 § 2; 2002 c 133 § 4; prior: 2001
2nd sp.s. c 12 § 361; 2001 c 300 § 4; 2001 c 217 § 12; 2001 c
17 § 1; prior: 2001 c 310 § 4; 2001 c 287 § 3; 2001 c 224 §
3; 2001 c 222 § 24; 2001 c 207 § 3; 2000 c 225 § 5; 2000 c
119 § 17; 2000 c 66 § 2; prior: 1999 c 352 § 3; 1999 c 322 §
5; 1999 c 45 § 4; prior: 1998 c 290 § 4; 1998 c 219 § 4; 1998
c 82 § 1; 1998 c 78 § 1; prior: 1997 c 365 § 4; 1997 c 346 §
3; 1997 c 340 § 1; 1997 c 338 § 51; 1997 c 266 § 15; 1997 c
9.94A.515
120 § 5; prior: 1996 c 302 § 6; 1996 c 205 § 3; 1996 c 36 §
2; prior: 1995 c 385 § 2; 1995 c 285 § 28; 1995 c 129 § 3 (Initiative Measure No. 159); prior: (1994 sp.s. c 7 § 510
repealed by 1995 c 129 § 19 (Initiative Measure No. 159));
1994 c 275 § 20; 1994 c 53 § 2; prior: 1992 c 145 § 4; 1992
c 75 § 3; 1991 c 32 § 3; 1990 c 3 § 702; prior: 1989 2nd ex.s.
c 1 § 3; 1989 c 412 § 3; 1989 c 405 § 1; 1989 c 271 § 102;
1989 c 99 § 1; prior: 1988 c 218 § 2; 1988 c 145 § 12; 1988
c 62 § 2; prior: 1987 c 224 § 1; 1987 c 187 § 4; 1986 c 257 §
23; 1984 c 209 § 17; 1983 c 115 § 3. Formerly RCW
9.94A.320.]
Reviser's note: *(1) RCW 72.66.060 and 72.65.070 were repealed by
2001 c 264 § 7. Cf. 2001 c 264 § 8.
(2) This section was amended by 2003 c 52 § 4, 2003 c 53 § 56, 2003 c
119 § 8, 2003 c 250 § 14, 2003 c 267 § 3, 2003 c 283 § 33, and by 2003 c 335
§ 5, each without reference to the other. All amendments are incorporated in
the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 335 § 5: "Section 5 of this act takes effect July
1, 2004." [2003 c 335 § 8.]
Effective date—2003 c 283 § 33: "Section 33 of this act takes effect
July 1, 2004." [2003 c 283 § 37.]
Severability—Part headings not law—2003 c 283: See RCW
71.32.900 and 71.32.901.
Effective date—2003 c 267 § 3: "Section 3 of this act takes effect July
1, 2004." [2003 c 267 § 9.]
Effective date—2003 c 250 § 14: "Section 14 of this act takes effect
July 1, 2004." [2003 c 250 § 17.]
Severability—2003 c 250: See note following RCW 48.01.080.
Effective date—2003 c 119 § 8: "Section 8 of this act takes effect July
1, 2004." [2003 c 119 § 10.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2003 c 52 § 4: "Section 4 of this act takes effect July
1, 2004." [2003 c 52 § 6.]
Study and report—2002 c 324: See note following RCW 9A.56.070.
Effective date—2002 c 290 §§ 7-11 and 14-23: "Sections 7 through 11
and 14 through 23 of this act take effect July 1, 2003." [2003 c 379 § 10;
2002 c 290 § 31.]
Intent—2002 c 290: See note following RCW 9.94A.517.
Effective date—2002 c 229: See note following RCW 9A.42.100.
Effective date—2002 c 134: See note following RCW 69.50.440.
Effective date—2002 c 133: See note following RCW 69.55.010.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Purpose—Effective date—2001 c 310: See notes following RCW
2.48.180.
Effective dates—2001 c 287: See note following RCW 9A.76.115.
Purpose—Effective date—2001 c 224: See notes following RCW
9A.68.060.
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
Captions not law—2001 c 217: See note following RCW 9.35.005.
Purpose—Effective date—2001 c 207: See notes following RCW
18.130.190.
Severability—2000 c 225: See note following RCW 69.55.010.
Effective date—2000 c 119 § 17: "Section 17 of this act takes effect
July 1, 2000." [2000 c 119 § 30.]
Application—2000 c 119: See note following RCW 26.50.021.
Alphabetization—1999 c 352: "The code reviser shall alphabetize the
offenses within each seriousness level in RCW 9.94A.320, including any
offenses added in the 1999 legislative session." [1999 c 352 § 6.]
[2003 RCW Supp—page 57]
9.94A.518
Title 9 RCW: Crimes and Punishments
Application—1999 c 352 §§ 3-5: "The amendments made by sections
3 through 5, chapter 352, Laws of 1999 shall apply to offenses committed on
or after July 25, 1999, except that the amendments made by chapter 352,
Laws of 1999 to seriousness level V in RCW 9.94A.320 shall apply to
offenses committed on or after July 1, 2000." [1999 c 352 § 7.]
Application—Effective date—Severability—1998 c 290: See notes
following RCW 69.50.401.
Application—1998 c 78: "This act applies to crimes committed on or
after July 1, 1998." [1998 c 78 § 2.]
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
Severability—1996 c 302: See note following RCW 9A.42.010.
Effective date—1995 c 285: See RCW 48.30A.900.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Contingent expiration date—1994 sp.s. c 7: See note following RCW
43.70.540.
Finding—Intent—Severability—Effective dates—1994 sp.s. c 7:
See notes following RCW 43.70.540.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Effective date—1989 2nd ex.s. c 1: See note following RCW
9A.52.025.
Finding—Intent—1989 c 271 §§ 102, 109, and 110: See note following RCW 9A.36.050.
Application—1989 c 271 §§ 101-111: See note following RCW
9.94A.510.
Severability—1989 c 271: See note following RCW 9.94A.510.
Application—1989 c 99: "This act applies to crimes committed after
July 1, 1989." [1989 c 99 § 2.]
Effective date—1989 c 99: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1989." [1989 c 99 § 3.]
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.
Effective date—Application—1987 c 224: "This act is necessary for
the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take
effect on July 1, 1987. It shall apply to crimes committed on or after July 1,
1987." [1987 c 224 § 2.]
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: See note following RCW
9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
9.94A.518
9.94A.518 Table 4—Drug offenses seriousness level.
(Effective July 1, 2004.)
TABLE 4
DRUG OFFENSES
INCLUDED WITHIN EACH SERIOUSNESS LEVEL
III Any felony offense under chapter 69.50
RCW with a deadly weapon special
verdict under RCW 9.94A.602
Controlled Substance Homicide (RCW
69.50.415)
[2003 RCW Supp—page 58]
Delivery of imitation controlled substance by person eighteen or over to
person under eighteen (RCW
69.52.030(2))
Involving a minor in drug dealing (RCW
69.50.4015)
Manufacture of methamphetamine
(RCW 69.50.401(2)(b))
Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or
II, or flunitrazepam from Schedule
IV to someone under 18 (RCW
69.50.406)
Over 18 and deliver narcotic from
Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to
someone under 18 and 3 years junior
(RCW 69.50.406)
Possession of Ephedrine, Pseudoephedrine, or Anhydrous Ammonia with
intent to manufacture
methamphetamine * (RCW
69.50.440)
Selling for profit (controlled or counterfeit) any controlled substance (RCW
69.50.410)
II Create, deliver, or possess a counterfeit
controlled substance (RCW
69.50.4011)
Deliver or possess with intent to deliver
methamphetamine (RCW
69.50.401(2)(b))
Delivery of a material in lieu of a controlled substance (RCW
69.50.4012)
Maintaining a Dwelling or Place for
Controlled Substances (RCW
69.50.402(1)(f))
Manufacture, deliver, or possess with
intent to deliver amphetamine
(RCW 69.50.401(2)(b))
Manufacture, deliver, or possess with
intent to deliver narcotics from
Schedule I or II or flunitrazepam
from Schedule IV (RCW
69.50.401(2)(a))
Manufacture, deliver, or possess with
intent to deliver narcotics from
Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW
69.50.401(2) (c) through (e))
Sentencing Reform Act of 1981
Manufacture, distribute, or possess with
intent to distribute an imitation controlled substance (RCW
69.52.030(1))
I Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled
Substance (RCW 69.50.403)
Manufacture, deliver, or possess with
intent to deliver marijuana (RCW
69.50.401(2)(c))
Possess Controlled Substance that is a
Narcotic from Schedule III, IV, or V
or Nonnarcotic from Schedule I-V
(RCW 69.50.4013)
Possession of Controlled Substance that
is either heroin or narcotics from
Schedule I or II (RCW 69.50.4013)
Unlawful Use of Building for Drug Purposes (RCW 69.53.010)
[2003 c 53 § 57; 2002 c 290 § 9.]
*Reviser's note: cf. 2002 c 134 § 1.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
9.94A.533
9.94A.533 Adjustments to standard sentences.
(Effective July 1, 2004.) (1) The provisions of this section
apply to the standard sentence ranges determined by RCW
9.94A.510 or 9.94A.517.
(2) For persons convicted of the anticipatory offenses of
criminal attempt, solicitation, or conspiracy under chapter
9A.28 RCW, the standard sentence range is determined by
locating the sentencing grid sentence range defined by the
appropriate offender score and the seriousness level of the
completed crime, and multiplying the range by seventy-five
percent.
(3) The following additional times shall be added to the
standard sentence range for felony crimes committed after
July 23, 1995, if the offender or an accomplice was armed
with a firearm as defined in RCW 9.41.010 and the offender
is being sentenced for one of the crimes listed in this subsection as eligible for any firearm enhancements based on the
classification of the completed felony crime. If the offender
is being sentenced for more than one offense, the firearm
enhancement or enhancements must be added to the total
period of confinement for all offenses, regardless of which
underlying offense is subject to a firearm enhancement. If
the offender or an accomplice was armed with a firearm as
defined in RCW 9.41.010 and the offender is being sentenced
for an anticipatory offense under chapter 9A.28 RCW to
commit one of the crimes listed in this subsection as eligible
for any firearm enhancements, the following additional times
shall be added to the standard sentence range determined
under subsection (2) of this section based on the felony crime
of conviction as classified under RCW 9A.28.020:
9.94A.533
(a) Five years for any felony defined under any law as a
class A felony or with a statutory maximum sentence of at
least twenty years, or both, and not covered under (f) of this
subsection;
(b) Three years for any felony defined under any law as
a class B felony or with a statutory maximum sentence of ten
years, or both, and not covered under (f) of this subsection;
(c) Eighteen months for any felony defined under any
law as a class C felony or with a statutory maximum sentence
of five years, or both, and not covered under (f) of this subsection;
(d) If the offender is being sentenced for any firearm
enhancements under (a), (b), and/or (c) of this subsection and
the offender has previously been sentenced for any deadly
weapon enhancements after July 23, 1995, under (a), (b),
and/or (c) of this subsection or subsection (4)(a), (b), and/or
(c) of this section, or both, all firearm enhancements under
this subsection shall be twice the amount of the enhancement
listed;
(e) Notwithstanding any other provision of law, all firearm enhancements under this section are mandatory, shall be
served in total confinement, and shall run consecutively to all
other sentencing provisions, including other firearm or
deadly weapon enhancements, for all offenses sentenced
under this chapter. However, whether or not a mandatory
minimum term has expired, an offender serving a sentence
under this subsection may be granted an extraordinary medical placement when authorized under RCW 9.94A.728(4);
(f) The firearm enhancements in this section shall apply
to all felony crimes except the following: Possession of a
machine gun, possessing a stolen firearm, drive-by shooting,
theft of a firearm, unlawful possession of a firearm in the first
and second degree, and use of a machine gun in a felony;
(g) If the standard sentence range under this section
exceeds the statutory maximum sentence for the offense, the
statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender. If the addition of a firearm enhancement increases the sentence so that
it would exceed the statutory maximum for the offense, the
portion of the sentence representing the enhancement may
not be reduced.
(4) The following additional times shall be added to the
standard sentence range for felony crimes committed after
July 23, 1995, if the offender or an accomplice was armed
with a deadly weapon other than a firearm as defined in RCW
9.41.010 and the offender is being sentenced for one of the
crimes listed in this subsection as eligible for any deadly
weapon enhancements based on the classification of the completed felony crime. If the offender is being sentenced for
more than one offense, the deadly weapon enhancement or
enhancements must be added to the total period of confinement for all offenses, regardless of which underlying offense
is subject to a deadly weapon enhancement. If the offender or
an accomplice was armed with a deadly weapon other than a
firearm as defined in RCW 9.41.010 and the offender is being
sentenced for an anticipatory offense under chapter 9A.28
RCW to commit one of the crimes listed in this subsection as
eligible for any deadly weapon enhancements, the following
additional times shall be added to the standard sentence range
determined under subsection (2) of this section based on the
[2003 RCW Supp—page 59]
9.94A.535
Title 9 RCW: Crimes and Punishments
felony crime of conviction as classified under RCW
9A.28.020:
(a) Two years for any felony defined under any law as a
class A felony or with a statutory maximum sentence of at
least twenty years, or both, and not covered under (f) of this
subsection;
(b) One year for any felony defined under any law as a
class B felony or with a statutory maximum sentence of ten
years, or both, and not covered under (f) of this subsection;
(c) Six months for any felony defined under any law as a
class C felony or with a statutory maximum sentence of five
years, or both, and not covered under (f) of this subsection;
(d) If the offender is being sentenced under (a), (b),
and/or (c) of this subsection for any deadly weapon enhancements and the offender has previously been sentenced for any
deadly weapon enhancements after July 23, 1995, under (a),
(b), and/or (c) of this subsection or subsection (3)(a), (b),
and/or (c) of this section, or both, all deadly weapon enhancements under this subsection shall be twice the amount of the
enhancement listed;
(e) Notwithstanding any other provision of law, all
deadly weapon enhancements under this section are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other
firearm or deadly weapon enhancements, for all offenses sentenced under this chapter. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this subsection may be granted an extraordinary
medical placement when authorized under RCW
9.94A.728(4);
(f) The deadly weapon enhancements in this section shall
apply to all felony crimes except the following: Possession
of a machine gun, possessing a stolen firearm, drive-by
shooting, theft of a firearm, unlawful possession of a firearm
in the first and second degree, and use of a machine gun in a
felony;
(g) If the standard sentence range under this section
exceeds the statutory maximum sentence for the offense, the
statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender. If the addition of a deadly weapon enhancement increases the sentence
so that it would exceed the statutory maximum for the
offense, the portion of the sentence representing the enhancement may not be reduced.
(5) The following additional times shall be added to the
standard sentence range if the offender or an accomplice
committed the offense while in a county jail or state correctional facility and the offender is being sentenced for one of
the crimes listed in this subsection. If the offender or an
accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility, and
the offender is being sentenced for an anticipatory offense
under chapter 9A.28 RCW to commit one of the crimes listed
in this subsection, the following additional times shall be
added to the standard sentence range determined under subsection (2) of this section:
(a) Eighteen months for offenses committed under RCW
69.50.401(2) (a) or (b) or 69.50.410;
(b) Fifteen months for offenses committed under RCW
69.50.401(2) (c), (d), or (e);
[2003 RCW Supp—page 60]
(c) Twelve months for offenses committed under RCW
69.50.4013.
For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be
deemed to be part of that facility or county jail.
(6) An additional twenty-four months shall be added to
the standard sentence range for any ranked offense involving
a violation of chapter 69.50 RCW if the offense was also a
violation of RCW 69.50.435 or 9.94A.605.
(7) An additional two years shall be added to the standard sentence range for vehicular homicide committed while
under the influence of intoxicating liquor or any drug as
defined by RCW 46.61.502 for each prior offense as defined
in RCW 46.61.5055. [2003 c 53 § 58; 2002 c 290 § 11.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
9.94A.535
9.94A.535 Departures from the guidelines. The court
may impose a sentence outside the standard sentence range
for an offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence. Whenever a sentence outside
the standard sentence range is imposed, the court shall set
forth the reasons for its decision in written findings of fact
and conclusions of law. A sentence outside the standard sentence range shall be a determinate sentence unless it is
imposed on an offender sentenced under RCW 9.94A.712.
An exceptional sentence imposed on an offender sentenced
under RCW 9.94A.712 shall be to a minimum term set by the
court and a maximum term equal to the statutory maximum
sentence for the offense of conviction under chapter 9A.20
RCW.
If the sentencing court finds that an exceptional sentence
outside the standard sentence range should be imposed, the
sentence is subject to review only as provided for in RCW
9.94A.585(4).
A departure from the standards in RCW 9.94A.589 (1)
and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to
the limitations in this section, and may be appealed by the
offender or the state as set forth in RCW 9.94A.585 (2)
through (6).
The following are illustrative factors which the court
may consider in the exercise of its discretion to impose an
exceptional sentence. The following are illustrative only and
are not intended to be exclusive reasons for exceptional sentences.
(1) Mitigating Circumstances
(a) To a significant degree, the victim was an initiator,
willing participant, aggressor, or provoker of the incident.
(b) Before detection, the defendant compensated, or
made a good faith effort to compensate, the victim of the
criminal conduct for any damage or injury sustained.
(c) The defendant committed the crime under duress,
coercion, threat, or compulsion insufficient to constitute a
complete defense but which significantly affected his or her
conduct.
Sentencing Reform Act of 1981
(d) The defendant, with no apparent predisposition to do
so, was induced by others to participate in the crime.
(e) The defendant's capacity to appreciate the wrongfulness of his or her conduct, or to conform his or her conduct to
the requirements of the law, was significantly impaired. Voluntary use of drugs or alcohol is excluded.
(f) The offense was principally accomplished by another
person and the defendant manifested extreme caution or sincere concern for the safety or well-being of the victim.
(g) The operation of the multiple offense policy of RCW
9.94A.589 results in a presumptive sentence that is clearly
excessive in light of the purpose of this chapter, as expressed
in RCW 9.94A.010.
(h) The defendant or the defendant's children suffered a
continuing pattern of physical or sexual abuse by the victim
of the offense and the offense is a response to that abuse.
(2) Aggravating Circumstances
(a) The defendant's conduct during the commission of
the current offense manifested deliberate cruelty to the victim.
(b) The defendant knew or should have known that the
victim of the current offense was particularly vulnerable or
incapable of resistance due to extreme youth, advanced age,
disability, or ill health.
(c) The current offense was a violent offense, and the
defendant knew that the victim of the current offense was
pregnant.
(d) The current offense was a major economic offense or
series of offenses, so identified by a consideration of any of
the following factors:
(i) The current offense involved multiple victims or multiple incidents per victim;
(ii) The current offense involved attempted or actual
monetary loss substantially greater than typical for the
offense;
(iii) The current offense involved a high degree of
sophistication or planning or occurred over a lengthy period
of time; or
(iv) The defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission of the current offense.
(e) The current offense was a major violation of the Uniform Controlled Substances Act, chapter 69.50 RCW
(VUCSA), related to trafficking in controlled substances,
which was more onerous than the typical offense of its statutory definition: The presence of ANY of the following may
identify a current offense as a major VUCSA:
(i) The current offense involved at least three separate
transactions in which controlled substances were sold, transferred, or possessed with intent to do so;
(ii) The current offense involved an attempted or actual
sale or transfer of controlled substances in quantities substantially larger than for personal use;
(iii) The current offense involved the manufacture of
controlled substances for use by other parties;
(iv) The circumstances of the current offense reveal the
offender to have occupied a high position in the drug distribution hierarchy;
(v) The current offense involved a high degree of sophistication or planning, occurred over a lengthy period of time,
or involved a broad geographic area of disbursement; or
9.94A.535
(vi) The offender used his or her position or status to
facilitate the commission of the current offense, including
positions of trust, confidence or fiduciary responsibility (e.g.,
pharmacist, physician, or other medical professional).
(f) The current offense included a finding of sexual motivation pursuant to RCW 9.94A.835.
(g) The offense was part of an ongoing pattern of sexual
abuse of the same victim under the age of eighteen years
manifested by multiple incidents over a prolonged period of
time.
(h) The current offense involved domestic violence, as
defined in RCW 10.99.020, and one or more of the following
was present:
(i) The offense was part of an ongoing pattern of psychological, physical, or sexual abuse of the victim manifested by
multiple incidents over a prolonged period of time;
(ii) The offense occurred within sight or sound of the
victim's or the offender's minor children under the age of
eighteen years; or
(iii) The offender's conduct during the commission of the
current offense manifested deliberate cruelty or intimidation
of the victim.
(i) The operation of the multiple offense policy of RCW
9.94A.589 results in a presumptive sentence that is clearly
too lenient in light of the purpose of this chapter, as expressed
in RCW 9.94A.010.
(j) The defendant's prior unscored misdemeanor or prior
unscored foreign criminal history results in a presumptive
sentence that is clearly too lenient in light of the purpose of
this chapter, as expressed in RCW 9.94A.010.
(k) The offense resulted in the pregnancy of a child victim of rape.
(l) The defendant knew that the victim of the current
offense was a youth who was not residing with a legal custodian and the defendant established or promoted the relationship for the primary purpose of victimization.
(m) The offense was committed with the intent to
obstruct or impair human or animal health care or agricultural
or forestry research or commercial production.
(n) The current offense is trafficking in the first degree or
trafficking in the second degree and any victim was a minor
at the time of the offense. [2003 c 267 § 4; 2002 c 169 § 1;
2001 2nd sp.s. c 12 § 314; 2000 c 28 § 8; 1999 c 330 § 1; 1997
c 52 § 4. Prior: 1996 c 248 § 2; 1996 c 121 § 1; 1995 c 316
§ 2; 1990 c 3 § 603; 1989 c 408 § 1; 1987 c 131 § 2; 1986 c
257 § 27; 1984 c 209 § 24; 1983 c 115 § 10. Formerly RCW
9.94A.390.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Effective date—1996 c 121: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 21, 1996]." [1996 c 121 § 2.]
Effective date—Application—1990 c 3 §§ 601 through 605: See note
following RCW 9.94A.835.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Severability—1986 c 257: See note following RCW 9A.56.010.
[2003 RCW Supp—page 61]
9.94A.545
Title 9 RCW: Crimes and Punishments
Effective date—1986 c 257 §§ 17 through 35: See note following
RCW 9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
9.94A.545
9.94A.545 Community custody. Except as provided in
RCW 9.94A.650, on all sentences of confinement for one
year or less, in which the offender is convicted of a sex
offense, a violent offense, a crime against a person under
RCW 9.94A.411, or felony violation of chapter 69.50 or
69.52 RCW or an attempt, conspiracy, or solicitation to commit such a crime, the court may impose up to one year of
community custody, subject to conditions and sanctions as
authorized in RCW 9.94A.715 and 9.94A.720. An offender
shall be on community custody as of the date of sentencing.
However, during the time for which the offender is in total or
partial confinement pursuant to the sentence or a violation of
the sentence, the period of community custody shall toll.
[2003 c 379 § 8; 2000 c 28 § 13; 1999 c 196 § 10; 1988 c 143
§ 23; 1984 c 209 § 22. Formerly RCW 9.94A.383.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Effective date—1999 c 196 § 10: "Section 10 of this act takes effect
July 1, 2000, and applies only to offenses committed on or after July 1,
2000." [1999 c 196 § 19.]
Construction—Short title—1999 c 196: See RCW 72.09.904 and
72.09.905.
Severability—1999 c 196: See note following RCW 9.94A.010.
Applicability—1988 c 143 §§ 21-24: See note following RCW
9.94A.505.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
9.94A.550
9.94A.550 Fines. (Effective July 1, 2004.) Unless otherwise provided by a statute of this state, on all sentences
under this chapter the court may impose fines according to
the following ranges:
Class A felonies
Class B felonies
Class C felonies
$0 - 50,000
$0 - 20,000
$0 - 10,000
[2003 c 53 § 59; 1984 c 209 § 23. Formerly RCW
9.94A.386.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
9.94A.605
9.94A.605 Methamphetamine—Manufacturing with
child on premises—Special allegation. (Effective July 1,
2004.) In a criminal case where:
(1) The defendant has been convicted of (a) manufacture
of a controlled substance under RCW 69.50.401 relating to
manufacture of methamphetamine; or (b) possession of ephedrine or any of its salts or isomers or salts of isomers, pseudoephedrine or any of its salts or isomers or salts of isomers,
pressurized ammonia gas, or pressurized ammonia gas solution with intent to manufacture methamphetamine, as defined
in RCW 69.50.440; and
(2) There has been a special allegation pleaded and
proven beyond a reasonable doubt that the defendant com[2003 RCW Supp—page 62]
mitted the crime when a person under the age of eighteen was
present in or upon the premises of manufacture;
the court shall make a finding of fact of the special allegation,
or if a jury trial is had, the jury shall, if it finds the defendant
guilty, also find a special verdict as to the special allegation.
[2003 c 53 § 60; 2002 c 134 § 3; 2000 c 132 § 1. Formerly
RCW 9.94A.128.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2002 c 134: See note following RCW 69.50.440.
9.94A.610
9.94A.610 Drug offenders—Notice of release or
escape. (Effective July 1, 2004.) (1) At the earliest possible
date, and in no event later than ten days before release except
in the event of escape or emergency furloughs as defined in
RCW 72.66.010, the department of corrections shall send
written notice of parole, community placement, work release
placement, furlough, or escape about a specific inmate convicted of a serious drug offense to the following if such notice
has been requested in writing about a specific inmate convicted of a serious drug offense:
(a) Any witnesses who testified against the inmate in any
court proceedings involving the serious drug offense; and
(b) Any person specified in writing by the prosecuting
attorney.
Information regarding witnesses requesting the notice, information regarding any other person specified in writing by the
prosecuting attorney to receive the notice, and the notice are
confidential and shall not be available to the inmate.
(2) If an inmate convicted of a serious drug offense
escapes from a correctional facility, the department of corrections shall immediately notify, by the most reasonable and
expedient means available, the chief of police of the city and
the sheriff of the county in which the inmate resided immediately before the inmate's arrest and conviction. If previously
requested, the department shall also notify the witnesses who
are entitled to notice under this section. If the inmate is
recaptured, the department shall send notice to the persons
designated in this subsection as soon as possible but in no
event later than two working days after the department learns
of such recapture.
(3) If any witness is under the age of sixteen, the notice
required by this section shall be sent to the parents or legal
guardian of the child.
(4) The department of corrections shall send the notices
required by this section to the last address provided to the
department by the requesting party. The requesting party
shall furnish the department with a current address.
(5) For purposes of this section, "serious drug offense"
means an offense under RCW 69.50.401(2) (a) or (b) or
69.50.4011(2) (a) or (b). [2003 c 53 § 61; 1996 c 205 § 4;
1991 c 147 § 1. Formerly RCW 9.94A.154.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.94A.637
9.94A.637 Discharge upon completion of sentence—
Certificate of discharge—Obligations, counseling after
discharge. (1)(a) When an offender has completed all
requirements of the sentence, including any and all legal
financial obligations, and while under the custody and supervision of the department, the secretary or the secretary's des-
Sentencing Reform Act of 1981
ignee shall notify the sentencing court, which shall discharge
the offender and provide the offender with a certificate of discharge by issuing the certificate to the offender in person or
by mailing the certificate to the offender's last known
address.
(b)(i) When an offender has reached the end of his or her
supervision with the department and has completed all the
requirements of the sentence except his or her legal financial
obligations, the secretary's designee shall provide the county
clerk with a notice that the offender has completed all nonfinancial requirements of the sentence.
(ii) When the department has provided the county clerk
with notice that an offender has completed all the requirements of the sentence and the offender subsequently satisfies
all legal financial obligations under the sentence, the county
clerk shall notify the sentencing court, including the notice
from the department, which shall discharge the offender and
provide the offender with a certificate of discharge by issuing
the certificate to the offender in person or by mailing the certificate to the offender's last known address.
(2) The court shall send a copy of every signed certificate of discharge to the auditor for the county in which the
court resides and to the department. The department shall
create and maintain a data base containing the names of all
felons who have been issued certificates of discharge, the
date of discharge, and the date of conviction and offense.
(3) An offender who is not convicted of a violent offense
or a sex offense and is sentenced to a term involving community supervision may be considered for a discharge of sentence by the sentencing court prior to the completion of community supervision, provided that the offender has completed
at least one-half of the term of community supervision and
has met all other sentence requirements.
(4) Except as provided in subsection (5) of this section,
the discharge shall have the effect of restoring all civil rights
lost by operation of law upon conviction, and the certificate
of discharge shall so state. Nothing in this section prohibits
the use of an offender's prior record for purposes of determining sentences for later offenses as provided in this chapter.
Nothing in this section affects or prevents use of the
offender's prior conviction in a later criminal prosecution
either as an element of an offense or for impeachment purposes. A certificate of discharge is not based on a finding of
rehabilitation.
(5) Unless otherwise ordered by the sentencing court, a
certificate of discharge shall not terminate the offender's obligation to comply with an order issued under chapter 10.99
RCW that excludes or prohibits the offender from having
contact with a specified person or coming within a set distance of any specified location that was contained in the judgment and sentence. An offender who violates such an order
after a certificate of discharge has been issued shall be subject
to prosecution according to the chapter under which the order
was originally issued.
(6) Upon release from custody, the offender may apply
to the department for counseling and help in adjusting to the
community. This voluntary help may be provided for up to
one year following the release from custody. [2003 c 379 §
19; 2002 c 16 § 2; 2000 c 119 § 3; 1994 c 271 § 901; 1984 c
209 § 14; 1981 c 137 § 22. Formerly RCW 9.94A.220.]
9.94A.700
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
Intent—2002 c 16: "The legislature recognizes that an individual's
right to vote is a hallmark of a free and inclusive society and that it is in the
best interests of society to provide reasonable opportunities and processes
for an offender to regain the right to vote after completion of all of the
requirements of his or her sentence. The legislature intends to clarify the
method by which the court may fulfill its already existing direction to provide discharged offenders with their certificates of discharge." [2002 c 16 §
1.]
Application—2000 c 119: See note following RCW 26.50.021.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
Effective date—1981 c 137: See RCW 9.94A.905.
9.94A.700
9.94A.700 Community placement. When a court sentences an offender to a term of total confinement in the custody of the department for any of the offenses specified in
this section, the court shall also sentence the offender to a
term of community placement as provided in this section.
Except as provided in RCW 9.94A.501, the department shall
supervise any sentence of community placement imposed
under this section.
(1) The court shall order a one-year term of community
placement for the following:
(a) A sex offense or a serious violent offense committed
after July 1, 1988, but before July 1, 1990; or
(b) An offense committed on or after July 1, 1988, but
before July 25, 1999, that is:
(i) Assault in the second degree;
(ii) Assault of a child in the second degree;
(iii) A crime against persons where it is determined in
accordance with RCW 9.94A.602 that the offender or an
accomplice was armed with a deadly weapon at the time of
commission; or
(iv) A felony offense under chapter 69.50 or 69.52 RCW
not sentenced under RCW 9.94A.660.
(2) The court shall sentence the offender to a term of
community placement of two years or up to the period of
earned release awarded pursuant to RCW 9.94A.728, whichever is longer, for:
(a) An offense categorized as a sex offense committed on
or after July 1, 1990, but before June 6, 1996, including those
sex offenses also included in other offense categories;
(b) A serious violent offense other than a sex offense
committed on or after July 1, 1990, but before July 1, 2000;
or
(c) A vehicular homicide or vehicular assault committed
on or after July 1, 1990, but before July 1, 2000.
(3) The community placement ordered under this section
shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release. When the court sentences an offender to the statutory maximum sentence then
the community placement portion of the sentence shall consist entirely of the community custody to which the offender
may become eligible. Any period of community custody
actually served shall be credited against the community
placement portion of the sentence.
[2003 RCW Supp—page 63]
9.94A.705
Title 9 RCW: Crimes and Punishments
(4) Unless a condition is waived by the court, the terms
of any community placement imposed under this section
shall include the following conditions:
(a) The offender shall report to and be available for contact with the assigned community corrections officer as
directed;
(b) The offender shall work at department-approved education, employment, or community restitution, or any combination thereof;
(c) The offender shall not possess or consume controlled
substances except pursuant to lawfully issued prescriptions;
(d) The offender shall pay supervision fees as determined by the department; and
(e) The residence location and living arrangements shall
be subject to the prior approval of the department during the
period of community placement.
(5) As a part of any terms of community placement
imposed under this section, the court may also order one or
more of the following special conditions:
(a) The offender shall remain within, or outside of, a
specified geographical boundary;
(b) The offender shall not have direct or indirect contact
with the victim of the crime or a specified class of individuals;
(c) The offender shall participate in crime-related treatment or counseling services;
(d) The offender shall not consume alcohol; or
(e) The offender shall comply with any crime-related
prohibitions.
(6) An offender convicted of a felony sex offense against
a minor victim after June 6, 1996, shall comply with any
terms and conditions of community placement imposed by
the department relating to contact between the sex offender
and a minor victim or a child of similar age or circumstance
as a previous victim.
(7) Prior to or during community placement, upon recommendation of the department, the sentencing court may
remove or modify any conditions of community placement so
as not to be more restrictive. [2003 c 379 § 4; 2002 c 175 §
13; 2000 c 28 § 22.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Effective date—2002 c 175: See note following RCW 7.80.130.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.705
9.94A.705 Community placement for specified
offenders. Except for persons sentenced under RCW
9.94A.700(2) or 9.94A.710, when a court sentences a person
to a term of total confinement to the custody of the department for a violent offense, any crime against persons under
RCW 9.94A.411(2), or any felony offense under chapter
69.50 or 69.52 RCW not sentenced under RCW 9.94A.660,
committed on or after July 25, 1999, but before July 1, 2000,
the court shall in addition to the other terms of the sentence,
sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with
RCW 9.94A.728 (1) and (2). When the court sentences the
offender under this section to the statutory maximum period
[2003 RCW Supp—page 64]
of confinement, then the community placement portion of the
sentence shall consist entirely of such community custody to
which the offender may become eligible, in accordance with
RCW 9.94A.728 (1) and (2). Any period of community custody actually served shall be credited against the community
placement portion of the sentence. Except as provided in
RCW 9.94A.501, the department shall supervise any sentence of community placement or community custody
imposed under this section. [2003 c 379 § 5; 2000 c 28 § 23.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.715
9.94A.715 Community custody for specified offenders. (1) When a court sentences a person to the custody of the
department for a sex offense not sentenced under RCW
9.94A.712, a violent offense, any crime against persons
under RCW 9.94A.411(2), or a felony offense under chapter
69.50 or 69.52 RCW, committed on or after July 1, 2000, the
court shall in addition to the other terms of the sentence, sentence the offender to community custody for the community
custody range established under RCW 9.94A.850 or up to the
period of earned release awarded pursuant to RCW
9.94A.728 (1) and (2), whichever is longer. The community
custody shall begin: (a) Upon completion of the term of confinement; (b) at such time as the offender is transferred to
community custody in lieu of earned release in accordance
with RCW 9.94A.728 (1) and (2); or (c) with regard to
offenders sentenced under RCW 9.94A.660, upon failure to
complete or administrative termination from the special drug
offender sentencing alternative program. Except as provided
in RCW 9.94A.501, the department shall supervise any sentence of community custody imposed under this section.
(2)(a) Unless a condition is waived by the court, the conditions of community custody shall include those provided
for in RCW 9.94A.700(4). The conditions may also include
those provided for in RCW 9.94A.700(5). The court may
also order the offender to participate in rehabilitative programs or otherwise perform affirmative conduct reasonably
related to the circumstances of the offense, the offender's risk
of reoffending, or the safety of the community, and the
department shall enforce such conditions pursuant to subsection (6) of this section.
(b) As part of any sentence that includes a term of community custody imposed under this subsection, the court shall
also require the offender to comply with any conditions
imposed by the department under RCW 9.94A.720. The
department shall assess the offender's risk of reoffense and
may establish and modify additional conditions of the
offender's community custody based upon the risk to community safety. In addition, the department may require the
offender to participate in rehabilitative programs, or otherwise perform affirmative conduct, and to obey all laws.
(c) The department may not impose conditions that are
contrary to those ordered by the court and may not contravene or decrease court imposed conditions. The department
shall notify the offender in writing of any such conditions or
modifications. In setting, modifying, and enforcing conditions of community custody, the department shall be deemed
to be performing a quasi-judicial function.
Sentencing Reform Act of 1981
(3) If an offender violates conditions imposed by the
court or the department pursuant to this section during community custody, the department may transfer the offender to
a more restrictive confinement status and impose other available sanctions as provided in RCW 9.94A.737 and
9.94A.740.
(4) Except for terms of community custody under RCW
9.94A.670, the department shall discharge the offender from
community custody on a date determined by the department,
which the department may modify, based on risk and performance of the offender, within the range or at the end of the
period of earned release, whichever is later.
(5) At any time prior to the completion or termination of
a sex offender's term of community custody, if the court finds
that public safety would be enhanced, the court may impose
and enforce an order extending any or all of the conditions
imposed pursuant to this section for a period up to the maximum allowable sentence for the crime as it is classified in
chapter 9A.20 RCW, regardless of the expiration of the
offender's term of community custody. If a violation of a
condition extended under this subsection occurs after the
expiration of the offender's term of community custody, it
shall be deemed a violation of the sentence for the purposes
of RCW 9.94A.631 and may be punishable as contempt of
court as provided for in RCW 7.21.040. If the court extends
a condition beyond the expiration of the term of community
custody, the department is not responsible for supervision of
the offender's compliance with the condition.
(6) Within the funds available for community custody,
the department shall determine conditions and duration of
community custody on the basis of risk to community safety,
and shall supervise offenders during community custody on
the basis of risk to community safety and conditions imposed
by the court. The secretary shall adopt rules to implement the
provisions of this subsection.
(7) By the close of the next business day after receiving
notice of a condition imposed or modified by the department,
an offender may request an administrative review under rules
adopted by the department. The condition shall remain in
effect unless the reviewing officer finds that it is not reasonably related to any of the following: (a) The crime of conviction; (b) the offender's risk of reoffending; or (c) the safety of
the community. [2003 c 379 § 6; 2001 2nd sp.s. c 12 § 302;
2001 c 10 § 5; 2000 c 28 § 25.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Intent—Effective date—2001 c 10: See notes following RCW
9.94A.505.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.720
9.94A.720 Supervision of offenders. (1)(a) Except as
provided in RCW 9.94A.501, all offenders sentenced to
terms involving community supervision, community restitution, community placement, or community custody shall be
under the supervision of the department and shall follow
explicitly the instructions and conditions of the department.
9.94A.720
The department may require an offender to perform affirmative acts it deems appropriate to monitor compliance with the
conditions of the sentence imposed. The department may
only supervise the offender's compliance with payment of
legal financial obligations during any period in which the
department is authorized to supervise the offender in the
community under RCW 9.94A.501.
(b) The instructions shall include, at a minimum, reporting as directed to a community corrections officer, remaining
within prescribed geographical boundaries, notifying the
community corrections officer of any change in the offender's
address or employment, and paying the supervision fee
assessment.
(c) For offenders sentenced to terms involving community custody for crimes committed on or after June 6, 1996,
the department may include, in addition to the instructions in
(b) of this subsection, any appropriate conditions of supervision, including but not limited to, prohibiting the offender
from having contact with any other specified individuals or
specific class of individuals.
(d) For offenders sentenced to terms of community custody for crimes committed on or after July 1, 2000, the
department may impose conditions as specified in RCW
9.94A.715.
The conditions authorized under (c) of this subsection
may be imposed by the department prior to or during an
offender's community custody term. If a violation of conditions imposed by the court or the department pursuant to
RCW 9.94A.710 occurs during community custody, it shall
be deemed a violation of community placement for the purposes of RCW 9.94A.740 and shall authorize the department
to transfer an offender to a more restrictive confinement status as provided in RCW 9.94A.737. At any time prior to the
completion of an offender's term of community custody, the
department may recommend to the court that any or all of the
conditions imposed by the court or the department pursuant
to RCW 9.94A.710 or 9.94A.715 be continued beyond the
expiration of the offender's term of community custody as
authorized in RCW 9.94A.715 (3) or (5).
The department may require offenders to pay for special
services rendered on or after July 25, 1993, including electronic monitoring, day reporting, and telephone reporting,
dependent upon the offender's ability to pay. The department
may pay for these services for offenders who are not able to
pay.
(2) No offender sentenced to terms involving community
supervision, community restitution, community custody, or
community placement under the supervision of the department may own, use, or possess firearms or ammunition.
Offenders who own, use, or are found to be in actual or constructive possession of firearms or ammunition shall be subject to the violation process and sanctions under RCW
9.94A.634, 9.94A.737, and 9.94A.740. "Constructive possession" as used in this subsection means the power and
intent to control the firearm or ammunition. "Firearm" as
used in this subsection has the same definition as in RCW
9.41.010. [2003 c 379 § 7; 2002 c 175 § 14; 2000 c 28 § 26.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Effective date—2002 c 175: See note following RCW 7.80.130.
[2003 RCW Supp—page 65]
9.94A.728
Title 9 RCW: Crimes and Punishments
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.728
9.94A.728 Earned release time. No person serving a
sentence imposed pursuant to this chapter and committed to
the custody of the department shall leave the confines of the
correctional facility or be released prior to the expiration of
the sentence except as follows:
(1) Except as otherwise provided for in subsection (2) of
this section, the term of the sentence of an offender committed to a correctional facility operated by the department may
be reduced by earned release time in accordance with procedures that shall be developed and promulgated by the correctional agency having jurisdiction in which the offender is
confined. The earned release time shall be for good behavior
and good performance, as determined by the correctional
agency having jurisdiction. The correctional agency shall not
credit the offender with earned release credits in advance of
the offender actually earning the credits. Any program established pursuant to this section shall allow an offender to earn
early release credits for presentence incarceration. If an
offender is transferred from a county jail to the department,
the administrator of a county jail facility shall certify to the
department the amount of time spent in custody at the facility
and the amount of earned release time. An offender who has
been convicted of a felony committed after July 23, 1995,
that involves any applicable deadly weapon enhancements
under RCW 9.94A.533 (3) or (4), or both, shall not receive
any good time credits or earned release time for that portion
of his or her sentence that results from any deadly weapon
enhancements.
(a) In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 1990, and before July 1, 2003, the
aggregate earned release time may not exceed fifteen percent
of the sentence. In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony,
committed on or after July 1, 2003, the aggregate earned
release time may not exceed ten percent of the sentence.
(b)(i) In the case of an offender who qualifies under
(b)(ii) of this subsection, the aggregate earned release time
may not exceed fifty percent of the sentence.
(ii) An offender is qualified to earn up to fifty percent of
aggregate earned release time under this subsection (1)(b) if
he or she:
(A) Is classified in one of the two lowest risk categories
under (b)(iii) of this subsection;
(B) Is not confined pursuant to a sentence for:
(I) A sex offense;
(II) A violent offense;
(III) A crime against persons as defined in RCW
9.94A.411;
(IV) A felony that is domestic violence as defined in
RCW 10.99.020;
(V) A violation of RCW 9A.52.025 (residential burglary);
(VI) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or
[2003 RCW Supp—page 66]
(VII) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled
substance to a minor); and
(C) Has no prior conviction for:
(I) A sex offense;
(II) A violent offense;
(III) A crime against persons as defined in RCW
9.94A.411;
(IV) A felony that is domestic violence as defined in
RCW 10.99.020;
(V) A violation of RCW 9A.52.025 (residential burglary);
(VI) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or
(VII) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled
substance to a minor).
(iii) For purposes of determining an offender's eligibility
under this subsection (1)(b), the department shall perform a
risk assessment of every offender committed to a correctional
facility operated by the department who has no current or
prior conviction for a sex offense, a violent offense, a crime
against persons as defined in RCW 9.94A.411, a felony that
is domestic violence as defined in RCW 10.99.020, a violation of RCW 9A.52.025 (residential burglary), a violation of,
or an attempt, solicitation, or conspiracy to violate, RCW
69.50.401 by manufacture or delivery or possession with
intent to deliver methamphetamine, or a violation of, or an
attempt, solicitation, or conspiracy to violate, RCW
69.50.406 (delivery of a controlled substance to a minor).
The department must classify each assessed offender in one
of four risk categories between highest and lowest risk.
(iv) The department shall recalculate the earned release
time and reschedule the expected release dates for each qualified offender under this subsection (1)(b).
(v) This subsection (1)(b) applies retroactively to eligible offenders serving terms of total confinement in a state
correctional facility as of July 1, 2003.
(vi) This subsection (1)(b) does not apply to offenders
convicted after July 1, 2010.
(c) In no other case shall the aggregate earned release
time exceed one-third of the total sentence;
(2)(a) A person convicted of a sex offense or an offense
categorized as a serious violent offense, assault in the second
degree, vehicular homicide, vehicular assault, assault of a
child in the second degree, any crime against persons where
it is determined in accordance with RCW 9.94A.602 that the
offender or an accomplice was armed with a deadly weapon
at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW, committed before July 1, 2000, may
become eligible, in accordance with a program developed by
the department, for transfer to community custody status in
lieu of earned release time pursuant to subsection (1) of this
section;
(b) A person convicted of a sex offense, a violent
offense, any crime against persons under RCW
9.94A.411(2), or a felony offense under chapter 69.50 or
69.52 RCW, committed on or after July 1, 2000, may become
eligible, in accordance with a program developed by the
department, for transfer to community custody status in lieu
Sentencing Reform Act of 1981
of earned release time pursuant to subsection (1) of this section;
(c) The department shall, as a part of its program for
release to the community in lieu of earned release, require the
offender to propose a release plan that includes an approved
residence and living arrangement. All offenders with community placement or community custody terms eligible for
release to community custody status in lieu of earned release
shall provide an approved residence and living arrangement
prior to release to the community;
(d) The department may deny transfer to community custody status in lieu of earned release time pursuant to subsection (1) of this section if the department determines an
offender's release plan, including proposed residence location
and living arrangements, may violate the conditions of the
sentence or conditions of supervision, place the offender at
risk to violate the conditions of the sentence, place the
offender at risk to reoffend, or present a risk to victim safety
or community safety. The department's authority under this
section is independent of any court-ordered condition of sentence or statutory provision regarding conditions for community custody or community placement;
(3) An offender may leave a correctional facility pursuant to an authorized furlough or leave of absence. In addition, offenders may leave a correctional facility when in the
custody of a corrections officer or officers;
(4)(a) The secretary may authorize an extraordinary
medical placement for an offender when all of the following
conditions exist:
(i) The offender has a medical condition that is serious
enough to require costly care or treatment;
(ii) The offender poses a low risk to the community
because he or she is physically incapacitated due to age or the
medical condition; and
(iii) Granting the extraordinary medical placement will
result in a cost savings to the state.
(b) An offender sentenced to death or to life imprisonment without the possibility of release or parole is not eligible
for an extraordinary medical placement.
(c) The secretary shall require electronic monitoring for
all offenders in extraordinary medical placement unless the
electronic monitoring equipment interferes with the function
of the offender's medical equipment or results in the loss of
funding for the offender's medical care. The secretary shall
specify who shall provide the monitoring services and the
terms under which the monitoring shall be performed.
(d) The secretary may revoke an extraordinary medical
placement under this subsection at any time;
(5) The governor, upon recommendation from the clemency and pardons board, may grant an extraordinary release
for reasons of serious health problems, senility, advanced
age, extraordinary meritorious acts, or other extraordinary
circumstances;
(6) No more than the final six months of the sentence
may be served in partial confinement designed to aid the
offender in finding work and reestablishing himself or herself
in the community;
(7) The governor may pardon any offender;
(8) The department may release an offender from confinement any time within ten days before a release date calculated under this section; and
9.94A.728
(9) An offender may leave a correctional facility prior to
completion of his or her sentence if the sentence has been
reduced as provided in RCW 9.94A.870.
Notwithstanding any other provisions of this section, an
offender sentenced for a felony crime listed in RCW
9.94A.540 as subject to a mandatory minimum sentence of
total confinement shall not be released from total confinement before the completion of the listed mandatory minimum
sentence for that felony crime of conviction unless allowed
under RCW 9.94A.540, however persistent offenders are not
eligible for extraordinary medical placement. [2003 c 379 §
1. Prior: 2002 c 290 § 21; 2002 c 50 § 2; 2000 c 28 § 28;
prior: 1999 c 324 § 1; 1999 c 37 § 1; 1996 c 199 § 2; 1995 c
129 § 7 (Initiative Measure No. 159); 1992 c 145 § 8; 1990 c
3 § 202; 1989 c 248 § 2; prior: 1988 c 153 § 3; 1988 c 3 § 1;
1984 c 209 § 8; 1982 c 192 § 6; 1981 c 137 § 15. Formerly
RCW 9.94A.150.]
Severability—2003 c 379: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2003 c 379 § 28.]
Effective dates—2003 c 379: "(1) Sections 1 through 12, 20, and 28 of
this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and take effect July 1, 2003.
(2) Sections 13 through 19 and 21 through 27 of this act take effect
October 1, 2003." [2003 c 379 § 29.]
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Intent—2002 c 50: "The legislature has determined in RCW
9.94A.728(2) that the department of corrections may transfer offenders to
community custody status in lieu of earned release time in accordance with a
program developed by the department of corrections. It is the legislature's
intent, in response to: In re: Capello 106 Wn.App. 576 (2001), to clarify the
law to reflect that the secretary of the department has, and has had since
enactment of the community placement act of 1988, the authority to require
all offenders, eligible for release to community custody status in lieu of
earned release, to provide a release plan that includes an approved residence
and living arrangement prior to any transfer to the community." [2002 c 50
§ 1.]
Application—2002 c 50: "This act applies to all offenders with community placement or community custody terms currently incarcerated either
before, on, or after March 14, 2002." [2002 c 50 § 3.]
Severability—2002 c 50: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2002 c 50 § 4.]
Effective date—2002 c 50: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 14, 2002]." [2002 c 50 § 5.]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Severability—1996 c 199: See note following RCW 9.94A.505.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Application—1989 c 248: See note following RCW 9.92.151.
Effective date—Application of increased sanctions—1988 c 153:
See notes following RCW 9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
Effective date—1981 c 137: See RCW 9.94A.905.
[2003 RCW Supp—page 67]
9.94A.7281
Title 9 RCW: Crimes and Punishments
9.94A.7281
9.94A.7281 Legislative declaration—Earned release
time not an entitlement. The legislature declares that the
changes to the maximum percentages of earned release time
in chapter 379, Laws of 2003 do not create any expectation
that the percentage of earned release time cannot be revised
and offenders have no reason to conclude that the maximum
percentage of earned release time is an entitlement or creates
any liberty interest. The legislature retains full control over
the right to revise the percentages of earned release time
available to offenders at any time. This section applies to
persons convicted on or after July 1, 2003. [2003 c 379 § 2.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
9.94A.7282
9.94A.7282 Earned release study. The Washington
state institute for public policy shall study the results of the
changes in earned release under section 1, chapter 379, Laws
of 2003. The study shall determine whether the changes in
earned release affect the rate of recidivism or the type of
offenses committed by persons whose release dates were
affected by the changes in chapter 379, Laws of 2003. The
Washington state institute for public policy shall report its
findings to the governor and the appropriate committees of
the legislature no later than December 1, 2008. [2003 c 379
§ 12.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
9.94A.731
9.94A.731 Term of partial confinement, work
release, home detention. (1) An offender sentenced to a
term of partial confinement shall be confined in the facility
for at least eight hours per day or, if serving a work crew sentence shall comply with the conditions of that sentence as set
forth in RCW 9.94A.030(31) and 9.94A.725. The offender
shall be required as a condition of partial confinement to
report to the facility at designated times. During the period of
partial confinement, an offender may be required to comply
with crime-related prohibitions and affirmative conditions
imposed by the court or the department pursuant to this chapter.
(2) An offender in a county jail ordered to serve all or
part of a term of less than one year in work release, work
crew, or a program of home detention who violates the rules
of the work release facility, work crew, or program of home
detention or fails to remain employed or enrolled in school
may be transferred to the appropriate county detention facility without further court order but shall, upon request, be
notified of the right to request an administrative hearing on
the issue of whether or not the offender failed to comply with
the order and relevant conditions. Pending such hearing, or
in the absence of a request for the hearing, the offender shall
serve the remainder of the term of confinement as total confinement. This subsection shall not affect transfer or placement of offenders committed to the department.
(3) Participation in work release shall be conditioned
upon the offender attending work or school at regularly
defined hours and abiding by the rules of the work release
facility. [2003 c 254 § 2; 2000 c 28 § 29; 1999 c 143 § 15;
1991 c 181 § 4; 1988 c 154 § 4; 1987 c 456 § 3; 1981 c 137 §
18. Formerly RCW 9.94A.180.]
[2003 RCW Supp—page 68]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Effective date—1981 c 137: See RCW 9.94A.905.
9.94A.734
9.94A.734 Home detention—Conditions. (Effective
July 1, 2004.) (1) Home detention may not be imposed for
offenders convicted of:
(a) A violent offense;
(b) Any sex offense;
(c) Any drug offense;
(d) Reckless burning in the first or second degree as
defined in RCW 9A.48.040 or 9A.48.050;
(e) Assault in the third degree as defined in RCW
9A.36.031;
(f) Assault of a child in the third degree;
(g) Unlawful imprisonment as defined in RCW
9A.40.040; or
(h) Harassment as defined in RCW 9A.46.020.
Home detention may be imposed for offenders convicted of
possession of a controlled substance under RCW 69.50.4013
or forged prescription for a controlled substance under RCW
69.50.403 if the offender fulfills the participation conditions
set forth in this section and is monitored for drug use by a
treatment alternatives to street crime program or a comparable court or agency-referred program.
(2) Home detention may be imposed for offenders convicted of burglary in the second degree as defined in RCW
9A.52.030 or residential burglary conditioned upon the
offender:
(a) Successfully completing twenty-one days in a work
release program;
(b) Having no convictions for burglary in the second
degree or residential burglary during the preceding two years
and not more than two prior convictions for burglary or residential burglary;
(c) Having no convictions for a violent felony offense
during the preceding two years and not more than two prior
convictions for a violent felony offense;
(d) Having no prior charges of escape; and
(e) Fulfilling the other conditions of the home detention
program.
(3) Participation in a home detention program shall be
conditioned upon:
(a) The offender obtaining or maintaining current
employment or attending a regular course of school study at
regularly defined hours, or the offender performing parental
duties to offspring or minors normally in the custody of the
offender;
(b) Abiding by the rules of the home detention program;
and
(c) Compliance with court-ordered legal financial obligations. The home detention program may also be made
available to offenders whose charges and convictions do not
otherwise disqualify them if medical or health-related conditions, concerns or treatment would be better addressed under
the home detention program, or where the health and welfare
of the offender, other inmates, or staff would be jeopardized
by the offender's incarceration. Participation in the home
detention program for medical or health-related reasons is
conditioned on the offender abiding by the rules of the home
detention program and complying with court-ordered restitu-
Sentencing Reform Act of 1981
tion. [2003 c 53 § 62; 2000 c 28 § 30; 1995 c 108 § 2. Formerly RCW 9.94A.185.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Effective date—1995 c 108: See note following RCW 9.94A.030.
9.94A.750
9.94A.750 Restitution. This section applies to offenses
committed on or before July 1, 1985.
(1) If restitution is ordered, the court shall determine the
amount of restitution due at the sentencing hearing or within
one hundred eighty days. The court may continue the hearing
beyond the one hundred eighty days for good cause. The
court shall then set a minimum monthly payment that the
offender is required to make towards the restitution that is
ordered. The court should take into consideration the total
amount of the restitution owed, the offender's present, past,
and future ability to pay, as well as any assets that the
offender may have.
(2) During the period of supervision, the community corrections officer may examine the offender to determine if
there has been a change in circumstances that warrants an
amendment of the monthly payment schedule. The community corrections officer may recommend a change to the
schedule of payment and shall inform the court of the recommended change and the reasons for the change. The sentencing court may then reset the monthly minimum payments
based on the report from the community corrections officer
of the change in circumstances.
(3) Except as provided in subsection (6) of this section,
restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury
to or loss of property, actual expenses incurred for treatment
for injury to persons, and lost wages resulting from injury.
Restitution shall not include reimbursement for damages for
mental anguish, pain and suffering, or other intangible losses,
but may include the costs of counseling reasonably related to
the offense. The amount of restitution shall not exceed double the amount of the offender's gain or the victim's loss from
the commission of the offense.
(4) For the purposes of this section, the offender shall
remain under the court's jurisdiction for a term of ten years
following the offender's release from total confinement or ten
years subsequent to the entry of the judgment and sentence,
whichever period is longer. Prior to the expiration of the initial ten-year period, the superior court may extend jurisdiction under the criminal judgment an additional ten years for
payment of restitution. The portion of the sentence concerning restitution may be modified as to amount, terms and conditions during either the initial ten-year period or subsequent
ten-year period if the criminal judgment is extended, regardless of the expiration of the offender's term of community
supervision and regardless of the statutory maximum sentence for the crime. The court may not reduce the total
amount of restitution ordered because the offender may lack
the ability to pay the total amount. The offender's compliance with the restitution shall be supervised by the department only during any period which the department is authorized to supervise the offender in the community under RCW
9.94A.728, 9.94A.501, or in which the offender is in confine-
9.94A.750
ment in a state correctional institution or a correctional facility pursuant to a transfer agreement with the department, and
the department shall supervise the offender's compliance during any such period. The department is responsible for supervision of the offender only during confinement and authorized supervision and not during any subsequent period in
which the offender remains under the court's jurisdiction.
The county clerk is authorized to collect unpaid restitution at
any time the offender remains under the jurisdiction of the
court for purposes of his or her legal financial obligations.
(5) Restitution may be ordered whenever the offender is
convicted of an offense which results in injury to any person
or damage to or loss of property or as provided in subsection
(6) of this section. In addition, restitution may be ordered to
pay for an injury, loss, or damage if the offender pleads guilty
to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay
restitution to a victim of an offense or offenses which are not
prosecuted pursuant to a plea agreement.
(6) Restitution for the crime of rape of a child in the first,
second, or third degree, in which the victim becomes pregnant, shall include: (a) All of the victim's medical expenses
that are associated with the rape and resulting pregnancy; and
(b) child support for any child born as a result of the rape if
child support is ordered pursuant to a proceeding in superior
court or administrative order for support for that child. The
clerk must forward any restitution payments made on behalf
of the victim's child to the Washington state child support
registry under chapter 26.23 RCW. Identifying information
about the victim and child shall not be included in the order.
The offender shall receive a credit against any obligation
owing under the administrative or superior court order for
support of the victim's child. For the purposes of this subsection, the offender shall remain under the court's jurisdiction
until the offender has satisfied support obligations under the
superior court or administrative order but not longer than a
maximum term of twenty-five years following the offender's
release from total confinement or twenty-five years subsequent to the entry of the judgment and sentence, whichever
period is longer. The court may not reduce the total amount
of restitution ordered because the offender may lack the ability to pay the total amount. The department shall supervise
the offender's compliance with the restitution ordered under
this subsection.
(7) In addition to any sentence that may be imposed, an
offender who has been found guilty of an offense involving
fraud or other deceptive practice or an organization which has
been found guilty of any such offense may be ordered by the
sentencing court to give notice of the conviction to the class
of persons or to the sector of the public affected by the conviction or financially interested in the subject matter of the
offense by mail, by advertising in designated areas or through
designated media, or by other appropriate means.
(8) This section does not limit civil remedies or defenses
available to the victim or offender including support enforcement remedies for support ordered under subsection (6) of
this section for a child born as a result of a rape of a child victim. The court shall identify in the judgment and sentence the
victim or victims entitled to restitution and what amount is
due each victim. The state or victim may enforce the courtordered restitution in the same manner as a judgment in a
[2003 RCW Supp—page 69]
9.94A.753
Title 9 RCW: Crimes and Punishments
civil action. Restitution collected through civil enforcement
must be paid through the registry of the court and must be distributed proportionately according to each victim's loss when
there is more than one victim. [2003 c 379 § 15; 2000 c 28 §
32. Prior: 1997 c 121 § 3; 1997 c 52 § 1; 1995 c 231 § 1;
1994 c 271 § 601; 1989 c 252 § 5; 1987 c 281 § 3; 1982 c 192
§ 5; 1981 c 137 § 14. Formerly RCW 9.94A.140.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Retroactive application—1995 c 231 §§ 1 and 2: "Sections 1 and 2 of
this act shall apply retroactively to allow courts to set restitution in cases sentenced prior to July 23, 1995, if:
(1) The court failed to set restitution within sixty days of sentencing as
required by RCW 9.94A.140 prior to July 23, 1995;
(2) The defendant was sentenced no more than three hundred sixty-five
days before July 23, 1995; and
(3) The defendant is not unfairly prejudiced by the delay.
In those cases, the court may set restitution within one hundred eighty
days of July 23, 1995, or at a later hearing set by the court for good cause."
[1995 c 231 § 5.]
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
Effective date—1987 c 281: See note following RCW 7.68.020.
9.94A.753
9.94A.753 Restitution—Application dates. This section applies to offenses committed after July 1, 1985.
(1) When restitution is ordered, the court shall determine
the amount of restitution due at the sentencing hearing or
within one hundred eighty days except as provided in subsection (7) of this section. The court may continue the hearing
beyond the one hundred eighty days for good cause. The
court shall then set a minimum monthly payment that the
offender is required to make towards the restitution that is
ordered. The court should take into consideration the total
amount of the restitution owed, the offender's present, past,
and future ability to pay, as well as any assets that the
offender may have.
(2) During the period of supervision, the community corrections officer may examine the offender to determine if
there has been a change in circumstances that warrants an
amendment of the monthly payment schedule. The community corrections officer may recommend a change to the
schedule of payment and shall inform the court of the recommended change and the reasons for the change. The sentencing court may then reset the monthly minimum payments
based on the report from the community corrections officer
of the change in circumstances.
(3) Except as provided in subsection (6) of this section,
restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury
to or loss of property, actual expenses incurred for treatment
for injury to persons, and lost wages resulting from injury.
Restitution shall not include reimbursement for damages for
mental anguish, pain and suffering, or other intangible losses,
but may include the costs of counseling reasonably related to
the offense. The amount of restitution shall not exceed dou[2003 RCW Supp—page 70]
ble the amount of the offender's gain or the victim's loss from
the commission of the crime.
(4) For the purposes of this section, for an offense committed prior to July 1, 2000, the offender shall remain under
the court's jurisdiction for a term of ten years following the
offender's release from total confinement or ten years subsequent to the entry of the judgment and sentence, whichever
period ends later. Prior to the expiration of the initial ten-year
period, the superior court may extend jurisdiction under the
criminal judgment an additional ten years for payment of restitution. For an offense committed on or after July 1, 2000,
the offender shall remain under the court's jurisdiction until
the obligation is completely satisfied, regardless of the statutory maximum for the crime. The portion of the sentence
concerning restitution may be modified as to amount, terms,
and conditions during any period of time the offender
remains under the court's jurisdiction, regardless of the expiration of the offender's term of community supervision and
regardless of the statutory maximum sentence for the crime.
The court may not reduce the total amount of restitution
ordered because the offender may lack the ability to pay the
total amount. The offender's compliance with the restitution
shall be supervised by the department only during any period
which the department is authorized to supervise the offender
in the community under RCW 9.94A.728, 9.94A.501, or in
which the offender is in confinement in a state correctional
institution or a correctional facility pursuant to a transfer
agreement with the department, and the department shall
supervise the offender's compliance during any such period.
The department is responsible for supervision of the offender
only during confinement and authorized supervision and not
during any subsequent period in which the offender remains
under the court's jurisdiction. The county clerk is authorized
to collect unpaid restitution at any time the offender remains
under the jurisdiction of the court for purposes of his or her
legal financial obligations.
(5) Restitution shall be ordered whenever the offender is
convicted of an offense which results in injury to any person
or damage to or loss of property or as provided in subsection
(6) of this section unless extraordinary circumstances exist
which make restitution inappropriate in the court's judgment
and the court sets forth such circumstances in the record. In
addition, restitution shall be ordered to pay for an injury, loss,
or damage if the offender pleads guilty to a lesser offense or
fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim
of an offense or offenses which are not prosecuted pursuant
to a plea agreement.
(6) Restitution for the crime of rape of a child in the first,
second, or third degree, in which the victim becomes pregnant, shall include: (a) All of the victim's medical expenses
that are associated with the rape and resulting pregnancy; and
(b) child support for any child born as a result of the rape if
child support is ordered pursuant to a civil superior court or
administrative order for support for that child. The clerk
must forward any restitution payments made on behalf of the
victim's child to the Washington state child support registry
under chapter 26.23 RCW. Identifying information about the
victim and child shall not be included in the order. The
offender shall receive a credit against any obligation owing
under the administrative or superior court order for support of
Sentencing Reform Act of 1981
the victim's child. For the purposes of this subsection, the
offender shall remain under the court's jurisdiction until the
offender has satisfied support obligations under the superior
court or administrative order for the period provided in RCW
4.16.020 or a maximum term of twenty-five years following
the offender's release from total confinement or twenty-five
years subsequent to the entry of the judgment and sentence,
whichever period is longer. The court may not reduce the
total amount of restitution ordered because the offender may
lack the ability to pay the total amount. The department shall
supervise the offender's compliance with the restitution
ordered under this subsection.
(7) Regardless of the provisions of subsections (1)
through (6) of this section, the court shall order restitution in
all cases where the victim is entitled to benefits under the
crime victims' compensation act, chapter 7.68 RCW. If the
court does not order restitution and the victim of the crime
has been determined to be entitled to benefits under the crime
victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation
program, may petition the court within one year of entry of
the judgment and sentence for entry of a restitution order.
Upon receipt of a petition from the department of labor and
industries, the court shall hold a restitution hearing and shall
enter a restitution order.
(8) In addition to any sentence that may be imposed, an
offender who has been found guilty of an offense involving
fraud or other deceptive practice or an organization which has
been found guilty of any such offense may be ordered by the
sentencing court to give notice of the conviction to the class
of persons or to the sector of the public affected by the conviction or financially interested in the subject matter of the
offense by mail, by advertising in designated areas or through
designated media, or by other appropriate means.
(9) This section does not limit civil remedies or defenses
available to the victim, survivors of the victim, or offender
including support enforcement remedies for support ordered
under subsection (6) of this section for a child born as a result
of a rape of a child victim. The court shall identify in the
judgment and sentence the victim or victims entitled to restitution and what amount is due each victim. The state or victim may enforce the court-ordered restitution in the same
manner as a judgment in a civil action. Restitution collected
through civil enforcement must be paid through the registry
of the court and must be distributed proportionately according to each victim's loss when there is more than one victim.
[2003 c 379 § 16. Prior: 2000 c 226 § 3; 2000 c 28 § 33;
prior: 1997 c 121 § 4; 1997 c 52 § 2; prior: 1995 c 231 § 2;
1995 c 33 § 4; 1994 c 271 § 602; 1989 c 252 § 6; 1987 c 281
§ 4; 1985 c 443 § 10. Formerly RCW 9.94A.142.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
Finding—Intent—Severability—2000 c 226: See notes following
RCW 9.94A.505.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Retroactive application—1995 c 231 §§ 1 and 2: See note following
RCW 9.94A.750.
9.94A.760
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
Effective date—1987 c 281: See note following RCW 7.68.020.
Severability—Effective date—1985 c 443: See notes following RCW
7.69.010.
9.94A.760
9.94A.760 Legal financial obligations. (1) Whenever
a person is convicted of a felony, the court may order the payment of a legal financial obligation as part of the sentence.
The court must on either the judgment and sentence or on a
subsequent order to pay, designate the total amount of a legal
financial obligation and segregate this amount among the
separate assessments made for restitution, costs, fines, and
other assessments required by law. On the same order, the
court is also to set a sum that the offender is required to pay
on a monthly basis towards satisfying the legal financial obligation. If the court fails to set the offender monthly payment
amount, the department shall set the amount. Upon receipt of
an offender's monthly payment, restitution shall be paid prior
to any payments of other monetary obligations. After restitution is satisfied, the county clerk shall distribute the payment
proportionally among all other fines, costs, and assessments
imposed, unless otherwise ordered by the court.
(2) If the court determines that the offender, at the time
of sentencing, has the means to pay for the cost of incarceration, the court may require the offender to pay for the cost of
incarceration at a rate of fifty dollars per day of incarceration.
Payment of other court-ordered financial obligations, including all legal financial obligations and costs of supervision
shall take precedence over the payment of the cost of incarceration ordered by the court. All funds recovered from
offenders for the cost of incarceration in the county jail shall
be remitted to the county and the costs of incarceration in a
prison shall be remitted to the department.
(3) The court may add to the judgment and sentence or
subsequent order to pay a statement that a notice of payroll
deduction is to be issued immediately. If the court chooses
not to order the immediate issuance of a notice of payroll
deduction at sentencing, the court shall add to the judgment
and sentence or subsequent order to pay a statement that a
notice of payroll deduction may be issued or other incomewithholding action may be taken, without further notice to
the offender if a monthly court-ordered legal financial obligation payment is not paid when due, and an amount equal to or
greater than the amount payable for one month is owed.
If a judgment and sentence or subsequent order to pay
does not include the statement that a notice of payroll deduction may be issued or other income-withholding action may
be taken if a monthly legal financial obligation payment is
past due, the department or the county clerk may serve a
notice on the offender stating such requirements and authorizations. Service shall be by personal service or any form of
mail requiring a return receipt.
(4) Independent of the department or the county clerk,
the party or entity to whom the legal financial obligation is
owed shall have the authority to use any other remedies available to the party or entity to collect the legal financial obligation. These remedies include enforcement in the same manner as a judgment in a civil action by the party or entity to
[2003 RCW Supp—page 71]
9.94A.760
Title 9 RCW: Crimes and Punishments
whom the legal financial obligation is owed. Restitution collected through civil enforcement must be paid through the
registry of the court and must be distributed proportionately
according to each victim's loss when there is more than one
victim. The judgment and sentence shall identify the party or
entity to whom restitution is owed so that the state, party, or
entity may enforce the judgment. If restitution is ordered
pursuant to RCW 9.94A.750(6) or 9.94A.753(6) to a victim
of rape of a child or a victim's child born from the rape, the
Washington state child support registry shall be identified as
the party to whom payments must be made. Restitution obligations arising from the rape of a child in the first, second, or
third degree that result in the pregnancy of the victim may be
enforced for the time periods provided under RCW
9.94A.750(6) and 9.94A.753(6). All other legal financial
obligations for an offense committed prior to July 1, 2000,
may be enforced at any time during the ten-year period following the offender's release from total confinement or
within ten years of entry of the judgment and sentence,
whichever period ends later. Prior to the expiration of the initial ten-year period, the superior court may extend the criminal judgment an additional ten years for payment of legal
financial obligations including crime victims' assessments.
All other legal financial obligations for an offense committed
on or after July 1, 2000, may be enforced at any time the
offender remains under the court's jurisdiction. For an
offense committed on or after July 1, 2000, the court shall
retain jurisdiction over the offender, for purposes of the
offender's compliance with payment of the legal financial
obligations, until the obligation is completely satisfied,
regardless of the statutory maximum for the crime. The
department may only supervise the offender's compliance
with payment of the legal financial obligations during any
period in which the department is authorized to supervise the
offender in the community under RCW 9.94A.728,
9.94A.501, or in which the offender is confined in a state correctional institution or a correctional facility pursuant to a
transfer agreement with the department, and the department
shall supervise the offender's compliance during any such
period. The department is not responsible for supervision of
the offender during any subsequent period of time the
offender remains under the court's jurisdiction. The county
clerk is authorized to collect unpaid legal financial obligations at any time the offender remains under the jurisdiction
of the court for purposes of his or her legal financial obligations.
(5) In order to assist the court in setting a monthly sum
that the offender must pay during the period of supervision,
the offender is required to report to the department for purposes of preparing a recommendation to the court. When
reporting, the offender is required, under oath, to respond
truthfully and honestly to all questions concerning present,
past, and future earning capabilities and the location and
nature of all property or financial assets. The offender is further required to bring all documents requested by the department.
(6) After completing the investigation, the department
shall make a report to the court on the amount of the monthly
payment that the offender should be required to make
towards a satisfied legal financial obligation.
[2003 RCW Supp—page 72]
(7)(a) During the period of supervision, the department
may make a recommendation to the court that the offender's
monthly payment schedule be modified so as to reflect a
change in financial circumstances. If the department sets the
monthly payment amount, the department may modify the
monthly payment amount without the matter being returned
to the court. During the period of supervision, the department
may require the offender to report to the department for the
purposes of reviewing the appropriateness of the collection
schedule for the legal financial obligation. During this
reporting, the offender is required under oath to respond
truthfully and honestly to all questions concerning earning
capabilities and the location and nature of all property or
financial assets. The offender shall bring all documents
requested by the department in order to prepare the collection
schedule.
(b) Subsequent to any period of supervision, or if the
department is not authorized to supervise the offender in the
community, the county clerk may make a recommendation to
the court that the offender's monthly payment schedule be
modified so as to reflect a change in financial circumstances.
If the county clerk sets the monthly payment amount, the
clerk may modify the monthly payment amount without the
matter being returned to the court. During the period of
repayment, the county clerk may require the offender to
report to the clerk for the purpose of reviewing the appropriateness of the collection schedule for the legal financial obligation. During this reporting, the offender is required under
oath to respond truthfully and honestly to all questions concerning earning capabilities and the location and nature of all
property or financial assets. The offender shall bring all documents requested by the county clerk in order to prepare the
collection schedule.
(8) After the judgment and sentence or payment order is
entered, the department is authorized, for any period of supervision, to collect the legal financial obligation from the
offender. Subsequent to any period of supervision or, if the
department is not authorized to supervise the offender in the
community, the county clerk is authorized to collect unpaid
legal financial obligations from the offender. Any amount
collected by the department shall be remitted daily to the
county clerk for the purpose of disbursements. The department and the county clerks are authorized, but not required,
to accept credit cards as payment for a legal financial obligation, and any costs incurred related to accepting credit card
payments shall be the responsibility of the offender.
(9) The department or any obligee of the legal financial
obligation may seek a mandatory wage assignment for the
purposes of obtaining satisfaction for the legal financial obligation pursuant to RCW 9.94A.7701. Any party obtaining a
wage assignment shall notify the county clerk. The county
clerks shall notify the department, or the administrative office
of the courts, whichever is providing the monthly billing for
the offender.
(10) The requirement that the offender pay a monthly
sum towards a legal financial obligation constitutes a condition or requirement of a sentence and the offender is subject
to the penalties for noncompliance as provided in RCW
9.94A.634, 9.94A.737, or 9.94A.740.
(11)(a) Until January 1, 2004, the department shall mail
individualized monthly billings to the address known by the
Sentencing Reform Act of 1981
department for each offender with an unsatisfied legal financial obligation.
(b) Beginning January 1, 2004, the administrative office
of the courts shall mail individualized monthly billings to the
address known by the office for each offender with an unsatisfied legal financial obligation.
(c) The billing shall direct payments, other than outstanding cost of supervision assessments under RCW
9.94A.780, parole assessments under RCW 72.04A.120, and
cost of probation assessments under RCW 9.95.214, to the
county clerk, and cost of supervision, parole, or probation
assessments to the department.
(d) The county clerk shall provide the administrative
office of the courts with notice of payments by such offenders
no less frequently than weekly.
(e) The county clerks, the administrative office of the
courts, and the department shall maintain agreements to
implement this subsection.
(12) The department shall arrange for the collection of
unpaid legal financial obligations during any period of supervision in the community through the county clerk. The
department shall either collect unpaid legal financial obligations or arrange for collections through another entity if the
clerk does not assume responsibility for collection pursuant
to subsection (4) of this section. The costs for collection services shall be paid by the offender.
(13) Nothing in this chapter makes the department, the
state, the counties, or any state or county employees, agents,
or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations or for the acts of any offender who is no longer, or was
not, subject to supervision by the department for a term of
community custody, community placement, or community
supervision, and who remains under the jurisdiction of the
court for payment of legal financial obligations. [2003 c 379
§ 14; 2001 c 10 § 3. Prior: 2000 c 226 § 4; 2000 c 28 § 31;
1999 c 196 § 6; prior: 1997 c 121 § 5; 1997 c 52 § 3; 1995 c
231 § 3; 1991 c 93 § 2; 1989 c 252 § 3. Formerly RCW
9.94A.145.]
Intent—Purpose—2003 c 379 §§ 13-27: "The legislature intends to
revise and improve the processes for billing and collecting legal financial
obligations. The purpose of sections 13 through 27, chapter 379, Laws of
2003 is to respond to suggestions and requests made by county government
officials, and in particular county clerks, to assume the collection of such
obligations in cooperation and coordination with the department of corrections and the administrative office for [of] the courts. The legislature undertakes this effort following a collaboration between local officials, the department of corrections, and the administrative office for [of] the courts. The
intent of sections 13 through 27, chapter 379, Laws of 2003 is to promote an
increased and more efficient collection of legal financial obligations and, as
a result, improve the likelihood that the affected agencies will increase the
collections which will provide additional benefits to all parties and, in particular, crime victims whose restitution is dependent upon the collections."
[2003 c 379 § 13.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Effective date—2001 c 10: See notes following RCW
9.94A.505.
Finding—Intent—Severability—2000 c 226: See notes following
RCW 9.94A.505.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Construction—Short title—1999 c 196: See RCW 72.09.904 and
72.09.905.
9.94A.780
Severability—1999 c 196: See note following RCW 9.94A.010.
Retroactive application—Captions not law—1991 c 93: See notes
following RCW 9.94A.7601.
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
9.94A.772
9.94A.772 Legal financial obligations—Monthly
payment, starting dates—Construction. Notwithstanding
any other provision of state law, monthly payment or starting
dates set by the court or the department before or after October 1, 2003, shall not be construed as a limitation on the due
date or amount of legal financial obligations, which may be
immediately collected by civil means. Monthly payments
and commencement dates are to be construed to be applicable
solely as a limitation upon the deprivation of an offender's
liberty for nonpayment. [2003 c 379 § 22.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
9.94A.775
9.94A.775 Legal financial obligations—Termination
of supervision—Monitoring of payments. If an offender
with an unsatisfied legal financial obligation is not subject to
supervision by the department for a term of community
placement, community custody, or community supervision,
or has not completed payment of all legal financial obligations included in the sentence at the expiration of his or her
term of community placement, community custody, or community supervision, the department shall notify the administrative office of the courts of the termination of the offender's
supervision and provide information to the administrative
office of the courts to enable the county clerk to monitor payment of the remaining obligations. The county clerk is authorized to monitor payment after such notification. The secretary of corrections and the administrator for the courts shall
enter into an interagency agreement to facilitate the electronic transfer of information about offenders, unpaid obligations, and payees to carry out the purposes of this section.
[2003 c 379 § 17.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
9.94A.780
9.94A.780 Offender supervision assessments. (1)
Whenever a punishment imposed under this chapter requires
supervision services to be provided, the offender shall pay to
the department of corrections the monthly assessment, prescribed under subsection (2) of this section, which shall be
for the duration of the terms of supervision and which shall
be considered as payment or part payment of the cost of providing supervision to the offender. The department may
exempt or defer a person from the payment of all or any part
of the assessment based upon any of the following factors:
(a) The offender has diligently attempted but has been
unable to obtain employment that provides the offender sufficient income to make such payments.
(b) The offender is a student in a school, college, university, or a course of vocational or technical training designed
to fit the student for gainful employment.
[2003 RCW Supp—page 73]
9.94A.925
Title 9 RCW: Crimes and Punishments
Chapter 9.95
(c) The offender has an employment handicap, as determined by an examination acceptable to or ordered by the
department.
(d) The offender's age prevents him or her from obtaining employment.
(e) The offender is responsible for the support of dependents and the payment of the assessment constitutes an undue
hardship on the offender.
(f) Other extenuating circumstances as determined by
the department.
(2) The department of corrections shall adopt a rule prescribing the amount of the assessment. The department may,
if it finds it appropriate, prescribe a schedule of assessments
that shall vary in accordance with the intensity or cost of the
supervision. The department may not prescribe any assessment that is less than ten dollars nor more than fifty dollars.
(3) All amounts required to be paid under this section
shall be collected by the department of corrections and
deposited by the department in the dedicated fund established
pursuant to RCW 72.11.040.
(4) This section shall not apply to probation services provided under an interstate compact pursuant to chapter 9.95
RCW or to probation services provided for persons placed on
probation prior to June 10, 1982.
(5) If a county clerk assumes responsibility for collection
of unpaid legal financial obligations under RCW 9.94A.760,
or under any agreement with the department under that section, whether before or after the completion of any period of
community placement, community custody, or community
supervision, the clerk may impose a monthly or annual
assessment for the cost of collections. The amount of the
assessment shall not exceed the actual cost of collections.
The county clerk may exempt or defer payment of all or part
of the assessment based upon any of the factors listed in subsection (1) of this section. The offender shall pay the assessment under this subsection to the county clerk who shall
apply it to the cost of collecting legal financial obligations
under RCW 9.94A.760. [2003 c 379 § 18; 1991 c 104 § 1;
1989 c 252 § 8; 1984 c 209 § 15; 1982 c 207 § 2. Formerly
RCW 9.94A.270.]
Chapter 9.95 RCW
INDETERMINATE SENTENCES
(Formerly: Prison terms, paroles, and probation)
Sections
9.95.017
9.95.055
9.95.070
9.95.110
9.95.120
9.95.240
9.95.435
9.95.440
Criteria for confinement and parole.
Reduction of sentences during war emergency.
Reductions for good behavior.
Parole.
Suspension, revision of parole—Community corrections officers—Hearing—Retaking violators—Reinstatement.
Dismissal of information or indictment after probation completed—Vacation of conviction.
Sex offenders—Postrelease transfer to more restrictive confinement.
Sex offenders—Reinstatement of release.
9.95.017
9.95.017 Criteria for confinement and parole. (1)
The board shall cause to be prepared criteria for duration of
confinement, release on parole, and length of parole for persons committed to prison for crimes committed before July 1,
1984.
The proposed criteria should take into consideration
RCW 9.95.009(2). Before submission to the governor, the
board shall solicit comments and review on their proposed
criteria for parole release.
(2) Persons committed to the department of corrections
and who are under the authority of the board for crimes committed on or after September 1, 2001, are subject to the provisions for duration of confinement, release to community
custody, and length of community custody established in
RCW 9.94A.712, 9.94A.713, 72.09.335, and 9.95.420
through 9.95.440. [2003 c 218 § 2; 2001 2nd sp.s. c 12 § 321;
1986 c 224 § 11.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Effective date—Severability—1986 c 224: See notes following RCW
9.95.001.
9.95.055
9.94A.925 Application—2003 c 379 §§ 13-27. The
provisions of sections 13 through 27, chapter 379, Laws of
2003 apply to all offenders currently, or in the future, subject
to sentences with unsatisfied legal financial obligations. The
provisions of sections 13 through 27, chapter 379, Laws of
2003 do not change the amount of any legal financial obligation or the maximum term for which any offender is, or may
be, under the jurisdiction of the court for collection of legal
financial obligations. [2003 c 379 § 24.]
9.95.055 Reduction of sentences during war emergency. The indeterminate sentence review board is hereby
granted authority, in the event of a declaration by the governor that a war emergency exists, including a general mobilization, and for the duration thereof only, to reduce downward
the minimum term, as set by the board, of any inmate under
the jurisdiction of the board confined in a state correctional
facility, who will be accepted by and inducted into the armed
services: PROVIDED, That a reduction downward shall not
be made under this section for those inmates who: (1) Are
confined for (a) treason; (b) murder in the first degree; or (c)
rape of a child in the first degree where the victim is under ten
years of age or an equivalent offense under prior law; (2) are
being considered for civil commitment as a sexually violent
predator under chapter 71.09 RCW; or (3) were sentenced
under RCW 9.94A.712 for a crime committed on or after
September 1, 2001. [2003 c 218 § 3; 2001 2nd sp.s. c 12 §
325; 1992 c 7 § 25; 1951 c 239 § 1.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
9.94A.925
[2003 RCW Supp—page 74]
Indeterminate Sentences
9.95.120
9.95.070
9.95.070 Reductions for good behavior. (1) Every
prisoner, convicted of a crime committed before July 1, 1984,
who has a favorable record of conduct at a state correctional
institution, and who performs in a faithful, diligent, industrious, orderly and peaceable manner the work, duties, and tasks
assigned to him or her to the satisfaction of the superintendent of the institution, and in whose behalf the superintendent
of the institution files a report certifying that his or her conduct and work have been meritorious and recommending
allowance of time credits to him or her, shall upon, but not
until, the adoption of such recommendation by the indeterminate sentence review board, be allowed time credit reductions
from the term of imprisonment fixed by the board.
(2) Offenders sentenced under RCW 9.94A.712 for a
crime committed on or after September 1, 2001, are subject to
the earned release provisions for sex offenders established in
RCW 9.94A.728. [2003 c 218 § 4; 2001 2nd sp.s. c 12 § 327;
1999 c 143 § 19; 1955 c 133 § 8. Prior: 1947 c 92 § 1, part;
1935 c 114 § 2, part; Rem. Supp. 1947 § 10249-2, part.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.110
9.95.110 Parole. (1) The board may permit an offender
convicted of a crime committed before July 1, 1984, to leave
the buildings and enclosures of a state correctional institution
on parole, after such convicted person has served the period
of confinement fixed for him or her by the board, less time
credits for good behavior and diligence in work: PROVIDED, That in no case shall an inmate be credited with
more than one-third of his or her sentence as fixed by the
board.
The board may establish rules and regulations under
which an offender may be allowed to leave the confines of a
state correctional institution on parole, and may return such
person to the confines of the institution from which he or she
was paroled, at its discretion.
(2) The board may permit an offender convicted of a
crime committed on or after September 1, 2001, and sentenced under RCW 9.94A.712, to leave a state correctional
institution on community custody according to the provisions
of RCW 9.94A.712, 9.94A.713, 72.09.335, and 9.95.420
through 9.95.440. The person may be returned to the institution following a violation of his or her conditions of release to
community custody pursuant to the hearing provisions of
RCW 9.95.435. [2003 c 218 § 7; 2001 2nd sp.s. c 12 § 331;
1999 c 143 § 21; 1955 c 133 § 12. Prior: 1939 c 142 § 1, part;
1935 c 114 § 4, part; RRS § 10249-4, part.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.120
9.95.120 Suspension, revision of parole—Community corrections officers—Hearing—Retaking violators—
Reinstatement. Whenever the board or a community corrections officer of this state has reason to believe a person convicted of a crime committed before July 1, 1984, has
breached a condition of his or her parole or violated the law
of any state where he or she may then be or the rules and reg-
ulations of the board, any community corrections officer of
this state may arrest or cause the arrest and detention and suspension of parole of such convicted person pending a determination by the board whether the parole of such convicted
person shall be revoked. All facts and circumstances surrounding the violation by such convicted person shall be
reported to the board by the community corrections officer,
with recommendations. The board, after consultation with
the secretary of corrections, shall make all rules and regulations concerning procedural matters, which shall include the
time when state community corrections officers shall file
with the board reports required by this section, procedures
pertaining thereto and the filing of such information as may
be necessary to enable the board to perform its functions
under this section. On the basis of the report by the community corrections officer, or at any time upon its own discretion, the board may revise or modify the conditions of parole
or order the suspension of parole by the issuance of a written
order bearing its seal, which order shall be sufficient warrant
for all peace officers to take into custody any convicted person who may be on parole and retain such person in their custody until arrangements can be made by the board for his or
her return to a state correctional institution for convicted felons. Any such revision or modification of the conditions of
parole or the order suspending parole shall be personally
served upon the parolee.
Any parolee arrested and detained in physical custody by
the authority of a state community corrections officer, or
upon the written order of the board, shall not be released from
custody on bail or personal recognizance, except upon
approval of the board and the issuance by the board of an
order of reinstatement on parole on the same or modified conditions of parole.
All chiefs of police, marshals of cities and towns, sheriffs of counties, and all police, prison, and peace officers and
constables shall execute any such order in the same manner
as any ordinary criminal process.
Whenever a paroled prisoner is accused of a violation of
his or her parole, other than the commission of, and conviction for, a felony or misdemeanor under the laws of this state
or the laws of any state where he or she may then be, he or she
shall be entitled to a fair and impartial hearing of such
charges within thirty days from the time that he or she is
served with charges of the violation of conditions of parole
after his or her arrest and detention. The hearing shall be held
before one or more members of the board at a place or places,
within this state, reasonably near the site of the alleged violation or violations of parole.
In the event that the board suspends a parole by reason of
an alleged parole violation or in the event that a parole is suspended pending the disposition of a new criminal charge, the
board shall have the power to nullify the order of suspension
and reinstate the individual to parole under previous conditions or any new conditions that the board may determine
advisable. Before the board shall nullify an order of suspension and reinstate a parole they shall have determined that the
best interests of society and the individual shall best be
served by such reinstatement rather than a return to a correctional institution. [2003 c 218 § 5; 2001 2nd sp.s. c 12 § 333;
1999 c 143 § 22; 1981 c 136 § 37; 1979 c 141 § 2; 1969 c 98
[2003 RCW Supp—page 75]
9.95.240
Title 9 RCW: Crimes and Punishments
§ 2; 1961 c 106 § 2; 1955 c 133 § 13. Prior: 1939 c 142 § 1,
part; 1935 c 114 § 4, part; RRS § 10249-4, part.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Effective date—1981 c 136: See RCW 72.09.900.
Severability—1969 c 98: "If any provision of this act, or its application
to any person or circumstance is invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not
affected." [1969 c 98 § 10.]
Effective date—1969 c 98: "This act shall take effect on July 1, 1969."
[1969 c 98 § 11.]
Violations of parole or probation—Revision of parole conditions—Rearrest—Detention: RCW 72.04A.090.
9.95.240
9.95.240 Dismissal of information or indictment after
probation completed—Vacation of conviction. (1) Every
defendant who has fulfilled the conditions of his or her probation for the entire period thereof, or who shall have been
discharged from probation prior to the termination of the
period thereof, may at any time prior to the expiration of the
maximum period of punishment for the offense for which he
or she has been convicted be permitted in the discretion of the
court to withdraw his or her plea of guilty and enter a plea of
not guilty, or if he or she has been convicted after a plea of
not guilty, the court may in its discretion set aside the verdict
of guilty; and in either case, the court may thereupon dismiss
the information or indictment against such defendant, who
shall thereafter be released from all penalties and disabilities
resulting from the offense or crime of which he or she has
been convicted. The probationer shall be informed of this
right in his or her probation papers: PROVIDED, That in any
subsequent prosecution, for any other offense, such prior
conviction may be pleaded and proved, and shall have the
same effect as if probation had not been granted, or the information or indictment dismissed.
(2)(a) After the period of probation has expired, the
defendant may apply to the sentencing court for a vacation of
the defendant's record of conviction under RCW 9.94A.640.
The court may, in its discretion, clear the record of conviction
if it finds the defendant has met the equivalent of the tests in
RCW 9.94A.640(2) as those tests would be applied to a person convicted of a crime committed before July 1, 1984.
(b) The clerk of the court in which the vacation order is
entered shall immediately transmit the order vacating the
conviction to the Washington state patrol identification section and to the local police agency, if any, which holds criminal history information for the person who is the subject of
the conviction. The Washington state patrol and any such
local police agency shall immediately update their records to
reflect the vacation of the conviction, and shall transmit the
order vacating the conviction to the federal bureau of investigation. A conviction that has been vacated under this section
may not be disseminated or disclosed by the state patrol or
local law enforcement agency to any person, except other
criminal justice enforcement agencies. [2003 c 66 § 1; 1957
c 227 § 7. Prior: 1939 c 125 § 1, part; RRS § 10249-5e.]
Severability—1939 c 125: See note following RCW 9.95.200.
Gambling commission—Denial, suspension, or revocation of license, permit—Other provisions not applicable: RCW 9.46.075.
Juvenile courts, probation officers: RCW 13.04.040, 13.04.050.
[2003 RCW Supp—page 76]
State lottery commission—Denial, suspension, and revocation of licenses—
Other provisions not applicable: RCW 67.70.090.
9.95.435
9.95.435 Sex offenders—Postrelease transfer to more
restrictive confinement. (1) If an offender released by the
board under RCW 9.95.420 violates any condition or requirement of community custody, the board may transfer the
offender to a more restrictive confinement status to serve up
to the remaining portion of the sentence, less credit for any
period actually spent in community custody or in detention
awaiting disposition of an alleged violation and subject to the
limitations of subsection (2) of this section.
(2) Following the hearing specified in subsection (3) of
this section, the board may impose sanctions such as work
release, home detention with electronic monitoring, work
crew, community restitution, inpatient treatment, daily
reporting, curfew, educational or counseling sessions, supervision enhanced through electronic monitoring, or any other
sanctions available in the community, or may suspend or
revoke the release to community custody whenever an
offender released by the board under RCW 9.95.420 violates
any condition or requirement of community custody.
(3) If an offender released by the board under RCW
9.95.420 is accused of violating any condition or requirement
of community custody, he or she is entitled to a hearing
before the board or a designee of the board prior to the imposition of sanctions. The hearing shall be considered as
offender disciplinary proceedings and shall not be subject to
chapter 34.05 RCW. The board shall develop hearing procedures and a structure of graduated sanctions consistent with
the hearing procedures and graduated sanctions developed
pursuant to RCW 9.94A.737. The board may suspend the
offender's release to community custody and confine the
offender in a correctional institution owned, operated by, or
operated under contract with the state prior to the hearing
unless the offender has been arrested and confined for a new
criminal offense.
(4) The hearing procedures required under subsection (3)
of this section shall be developed by rule and include the following:
(a) Hearings shall be conducted by members or designees of the board unless the board enters into an agreement
with the department to use the hearing officers established
under RCW 9.94A.737;
(b) The board shall provide the offender with written
notice of the violation, the evidence relied upon, and the reasons the particular sanction was imposed. The notice shall
include a statement of the rights specified in this subsection,
and the offender's right to file a personal restraint petition
under court rules after the final decision of the board;
(c) The hearing shall be held unless waived by the
offender, and shall be electronically recorded. For offenders
not in total confinement, the hearing shall be held within
thirty days of service of notice of the violation, but not less
than twenty-four hours after notice of the violation. For
offenders in total confinement, the hearing shall be held
within thirty days of service of notice of the violation, but not
less than twenty-four hours after notice of the violation. The
board or its designee shall make a determination whether
probable cause exists to believe the violation or violations
Washington Criminal Code
occurred. The determination shall be made within forty-eight
hours of receipt of the allegation;
(d) The offender shall have the right to: (i) Be present at
the hearing; (ii) have the assistance of a person qualified to
assist the offender in the hearing, appointed by the hearing
examiner if the offender has a language or communications
barrier; (iii) testify or remain silent; (iv) call witnesses and
present documentary evidence; (v) question witnesses who
appear and testify; and (vi) be represented by counsel if revocation of the release to community custody upon a finding of
violation is a probable sanction for the violation. The board
may not revoke the release to community custody of any
offender who was not represented by counsel at the hearing,
unless the offender has waived the right to counsel; and
(e) The sanction shall take effect if affirmed by the hearing examiner.
(5) Within seven days after the hearing examiner's decision, the offender may appeal the decision to a panel of three
reviewing examiners designated by the chair of the board or
by the chair's designee. The sanction shall be reversed or
modified if a majority of the panel finds that the sanction was
not reasonably related to any of the following: (a) The crime
of conviction; (b) the violation committed; (c) the offender's
risk of reoffending; or (d) the safety of the community.
(6) For purposes of this section, no finding of a violation
of conditions may be based on unconfirmed or unconfirmable
allegations. [2003 c 218 § 1; 2002 c 175 § 17; 2001 2nd sp.s.
c 12 § 309.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.440
9.95.440 Sex offenders—Reinstatement of release. In
the event the board suspends the release status of an offender
released under RCW 9.95.420 by reason of an alleged violation of a condition of release, or pending disposition of a new
criminal charge, the board may nullify the suspension order
and reinstate release under previous conditions or any new
conditions the board determines advisable under RCW
9.94A.713(5). Before the board may nullify a suspension
order and reinstate release, it shall determine that the best
interests of society and the offender shall be served by such
reinstatement rather than return to confinement. [2003 c 218
§ 6; 2001 2nd sp.s. c 12 § 310.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Title 9A
Title 9A
WASHINGTON CRIMINAL CODE
Chapters
9A.16 Defenses.
9A.20 Classification of crimes.
9A.32 Homicide.
9A.36 Assault—Physical harm.
9A.16.120
9A.40 Kidnapping, unlawful imprisonment, and custodial interference.
9A.44 Sex offenses.
9A.46 Harassment.
9A.48 Arson, reckless burning, and malicious mischief.
9A.56 Theft and robbery.
9A.60 Fraud.
9A.64 Family offenses.
9A.76 Obstructing governmental operation.
9A.82 Criminal profiteering act.
9A.84 Public disturbance.
9A.88 Indecent exposure—Prostitution.
Chapter 9A.16
Chapter 9A.16 RCW
DEFENSES
Sections
9A.16.120
Outdoor music festival, campground—Detention.
9A.16.120
9A.16.120 Outdoor music festival, campground—
Detention. (1) In a criminal action brought against the
detainer by reason of a person having been detained on or in
the immediate vicinity of the premises of an outdoor music
festival or related campground for the purpose of pursuing an
investigation or questioning by a law enforcement officer as
to the lawfulness of the consumption or possession of alcohol
or illegal drugs, it is a defense that the detained person was
detained in a reasonable manner and for not more than a reasonable time to permit the investigation or questioning by a
law enforcement officer, and that a peace officer, owner,
operator, employee, or agent of the outdoor music festival
had reasonable grounds to believe that the person so detained
was unlawfully consuming or attempting to unlawfully consume or possess, alcohol or illegal drugs on the premises.
(2) For the purposes of this section:
(a) "Illegal drug" means a controlled substance under
chapter 69.50 RCW for which the person detained does not
have a valid prescription or that is not being consumed in
accordance with the prescription directions and warnings, or
a legend drug under chapter 69.41 RCW for which the person
does not have a valid prescription or that is not being consumed in accordance with the prescription directions and
warnings.
(b) "Outdoor music festival" has the same meaning as in
RCW 70.108.020, except that no minimum time limit is
required.
(c) "Reasonable grounds" include, but are not limited to:
(i) Exhibiting the effects of having consumed liquor,
which means that a person has the odor of liquor on his or her
breath, or that by speech, manner, appearance, behavior, lack
of coordination, or otherwise exhibits that he or she has consumed liquor, and either:
(A) Is in possession of or in close proximity to a container that has or recently had liquor in it; or
(B) Is shown by other evidence to have recently consumed liquor; or
(ii) Exhibiting the effects of having consumed an illegal
drug, which means that a person by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits
that he or she has consumed an illegal drug, and either:
(A) Is in possession of an illegal drug; or
[2003 RCW Supp—page 77]
Chapter 9A.20
Title 9A RCW: Washington Criminal Code
(B) Is shown by other evidence to have recently consumed an illegal drug.
(d) "Reasonable time" means the time necessary to permit the person detained to make a statement or to refuse to
make a statement, and the time necessary to allow a law
enforcement officer to determine the lawfulness of the consumption or possession of alcohol or illegal drugs. "Reasonable time" may not exceed one hour. [2003 c 219 § 1.]
Chapter 9A.20
Chapter 9A.20 RCW
CLASSIFICATION OF CRIMES
Sections
9A.20.021
9A.20.021
Maximum sentences for crimes committed July 1, 1984, and
after. (Effective until July 1, 2004.)
Maximum sentences for crimes committed July 1, 1984, and
after. (Effective July 1, 2004.)
9A.20.021
9A.20.021 Maximum sentences for crimes committed
July 1, 1984, and after. (Effective until July 1, 2004.) (1)
Felony. Unless a different maximum sentence for a classified
felony is specifically established by statute, no person convicted of a classified felony shall be punished by confinement
or fine exceeding the following:
(a) For a class A felony, by confinement in a state correctional institution for a term of life imprisonment, or by a fine
in an amount fixed by the court of fifty thousand dollars, or
by both such confinement and fine;
(b) For a class B felony, by confinement in a state correctional institution for a term of ten years, or by a fine in an
amount fixed by the court of twenty thousand dollars, or by
both such confinement and fine;
(c) For a class C felony, by confinement in a state correctional institution for five years, or by a fine in an amount
fixed by the court of ten thousand dollars, or by both such
confinement and fine.
(2) Gross misdemeanor. Every person convicted of a
gross misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term
fixed by the court of not more than one year, or by a fine in an
amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.
(3) Misdemeanor. Every person convicted of a misdemeanor defined in Title 9A RCW shall be punished by
imprisonment in the county jail for a maximum term fixed by
the court of not more than ninety days, or by a fine in an
amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine.
(4) This section applies to only those crimes committed
on or after July 1, 1984. [2003 c 288 § 7; 1982 c 192 § 10.]
Penalty assessments in addition to fine or bail forfeiture—Crime victim and
witness programs in county: RCW 7.68.035.
9A.20.021
9A.20.021 Maximum sentences for crimes committed
July 1, 1984, and after. (Effective July 1, 2004.) (1) Felony. Unless a different maximum sentence for a classified
felony is specifically established by a statute of this state, no
person convicted of a classified felony shall be punished by
confinement or fine exceeding the following:
(a) For a class A felony, by confinement in a state correctional institution for a term of life imprisonment, or by a fine
[2003 RCW Supp—page 78]
in an amount fixed by the court of fifty thousand dollars, or
by both such confinement and fine;
(b) For a class B felony, by confinement in a state correctional institution for a term of ten years, or by a fine in an
amount fixed by the court of twenty thousand dollars, or by
both such confinement and fine;
(c) For a class C felony, by confinement in a state correctional institution for five years, or by a fine in an amount
fixed by the court of ten thousand dollars, or by both such
confinement and fine.
(2) Gross misdemeanor. Every person convicted of a
gross misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term
fixed by the court of not more than one year, or by a fine in an
amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.
(3) Misdemeanor. Every person convicted of a misdemeanor defined in Title 9A RCW shall be punished by
imprisonment in the county jail for a maximum term fixed by
the court of not more than ninety days, or by a fine in an
amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine.
(4) This section applies to only those crimes committed
on or after July 1, 1984. [2003 c 288 § 7; 2003 c 53 § 63;
1982 c 192 § 10.]
Reviser's note: This section was amended by 2003 c 53 § 63 and by
2003 c 288 § 7, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Penalty assessments in addition to fine or bail forfeiture—Crime victim and
witness programs in county: RCW 7.68.035.
Chapter 9A.32
Chapter 9A.32 RCW
HOMICIDE
Sections
9A.32.050
9A.32.050
Murder in the second degree.
9A.32.050 Murder in the second degree. (1) A person
is guilty of murder in the second degree when:
(a) With intent to cause the death of another person but
without premeditation, he or she causes the death of such person or of a third person; or
(b) He or she commits or attempts to commit any felony,
including assault, other than those enumerated in RCW
9A.32.030(1)(c), and, in the course of and in furtherance of
such crime or in immediate flight therefrom, he or she, or
another participant, causes the death of a person other than
one of the participants; except that in any prosecution under
this subdivision (1)(b) in which the defendant was not the
only participant in the underlying crime, if established by the
defendant by a preponderance of the evidence, it is a defense
that the defendant:
(i) Did not commit the homicidal act or in any way
solicit, request, command, importune, cause, or aid the commission thereof; and
(ii) Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or
serious physical injury; and
Assault—Physical Harm
9A.40.070
(iii) Had no reasonable grounds to believe that any other
participant was armed with such a weapon, instrument, article, or substance; and
(iv) Had no reasonable grounds to believe that any other
participant intended to engage in conduct likely to result in
death or serious physical injury.
(2) Murder in the second degree is a class A felony.
[2003 c 3 § 2; 1975-'76 2nd ex.s. c 38 § 4; 1975 1st ex.s. c 260
§ 9A.32.050.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Findings—Intent—2003 c 3: "The legislature finds that the 1975 legislature clearly and unambiguously stated that any felony, including assault,
can be a predicate offense for felony murder. The intent was evident: Punish, under the applicable murder statutes, those who commit a homicide in
the course and in furtherance of a felony. This legislature reaffirms that original intent and further intends to honor and reinforce the court's decisions
over the past twenty-eight years interpreting "in furtherance of" as requiring
the death to be sufficiently close in time and proximity to the predicate felony. The legislature does not agree with or accept the court's findings of legislative intent in State v. Andress, Docket No. 71170-4 (October 24, 2002),
and reasserts that assault has always been and still remains a predicate
offense for felony murder in the second degree.
To prevent a miscarriage of the legislature's original intent, the legislature finds in light of State v. Andress, Docket No. 71170-4 (October 24,
2002), that it is necessary to amend RCW 9A.32.050. This amendment is
intended to be curative in nature. The legislature urges the supreme court to
apply this interpretation retroactively to July 1, 1976." [2003 c 3 § 1.]
Effective date—1988 c 206 §§ 916, 917: "Sections 916 and 917 of this
act shall take effect July 1, 1988." [1988 c 206 § 922.]
Effective date—2003 c 3: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[February 12, 2003]." [2003 c 3 § 3.]
Effective date—Severability—1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.
Chapter 9A.36
Chapter 9A.36 RCW
ASSAULT—PHYSICAL HARM
Sections
9A.36.021
9A.36.021
Assault in the second degree. (Effective July 1, 2004.)
9A.36.021 Assault in the second degree. (Effective
July 1, 2004.) (1) A person is guilty of assault in the second
degree if he or she, under circumstances not amounting to
assault in the first degree:
(a) Intentionally assaults another and thereby recklessly
inflicts substantial bodily harm; or
(b) Intentionally and unlawfully causes substantial
bodily harm to an unborn quick child by intentionally and
unlawfully inflicting any injury upon the mother of such
child; or
(c) Assaults another with a deadly weapon; or
(d) With intent to inflict bodily harm, administers to or
causes to be taken by another, poison or any other destructive
or noxious substance; or
(e) With intent to commit a felony, assaults another; or
(f) Knowingly inflicts bodily harm which by design
causes such pain or agony as to be the equivalent of that produced by torture.
(2)(a) Except as provided in (b) of this subsection,
assault in the second degree is a class B felony.
(b) Assault in the second degree with a finding of sexual
motivation under RCW 9.94A.835 or 13.40.135 is a class A
felony. [2003 c 53 § 64; 2001 2nd sp.s. c 12 § 355; 1997 c
196 § 2. Prior: 1988 c 266 § 2; 1988 c 206 § 916; 1988 c 158
§ 2; 1987 c 324 § 2; 1986 c 257 § 5.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Effective date—1988 c 266: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1988." [1988 c 266 § 3.]
Severability—1988 c 206: See RCW 70.24.900.
Effective date—1988 c 158: See note following RCW 9A.04.110.
Effective date—1987 c 324: See note following RCW 9A.04.110.
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 3-10: See note following RCW
9A.04.110.
Chapter 9A.40 RCW
KIDNAPPING, UNLAWFUL IMPRISONMENT, AND
CUSTODIAL INTERFERENCE
Chapter 9A.40
Sections
9A.40.030
9A.40.070
9A.40.100
Kidnapping in the second degree. (Effective July 1, 2004.)
Custodial interference in the second degree. (Effective July 1,
2004.)
Trafficking.
9A.40.030
9A.40.030 Kidnapping in the second degree. (Effective July 1, 2004.) (1) A person is guilty of kidnapping in the
second degree if he or she intentionally abducts another person under circumstances not amounting to kidnapping in the
first degree.
(2) In any prosecution for kidnapping in the second
degree, it is a defense if established by the defendant by a preponderance of the evidence that (a) the abduction does not
include the use of or intent to use or threat to use deadly force,
and (b) the actor is a relative of the person abducted, and (c)
the actor's sole intent is to assume custody of that person.
Nothing contained in this paragraph shall constitute a defense
to a prosecution for, or preclude a conviction of, any other
crime.
(3)(a) Except as provided in (b) of this subsection, kidnapping in the second degree is a class B felony.
(b) Kidnapping in the second degree with a finding of
sexual motivation under RCW 9.94A.835 or 13.40.135 is a
class A felony. [2003 c 53 § 65; 2001 2nd sp.s. c 12 § 356;
1975 1st ex.s. c 260 § 9A.40.030.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9A.40.070
9A.40.070 Custodial interference in the second
degree. (Effective July 1, 2004.) (1) A relative of a person
is guilty of custodial interference in the second degree if, with
the intent to deny access to such person by a parent, guardian,
institution, agency, or other person having a lawful right to
physical custody of such person, the relative takes, entices,
retains, detains, or conceals the person from a parent, guard[2003 RCW Supp—page 79]
9A.40.100
Title 9A RCW: Washington Criminal Code
Chapter 9A.44
ian, institution, agency, or other person having a lawful right
to physical custody of such person. This subsection shall not
apply to a parent's noncompliance with a court-ordered
parenting plan.
(2) A parent of a child is guilty of custodial interference
in the second degree if: (a) The parent takes, entices, retains,
detains, or conceals the child, with the intent to deny access,
from the other parent having the lawful right to time with the
child pursuant to a court-ordered parenting plan; or (b) the
parent has not complied with the residential provisions of a
court-ordered parenting plan after a finding of contempt
under RCW 26.09.160(3); or (c) if the court finds that the
parent has engaged in a pattern of willful violations of the
court-ordered residential provisions.
(3) Nothing in subsection (2)(b) of this section prohibits
conviction of custodial interference in the second degree
under subsection (2)(a) or (c) of this section in absence of
findings of contempt.
(4)(a) The first conviction of custodial interference in the
second degree is a gross misdemeanor.
(b) The second or subsequent conviction of custodial
interference in the second degree is a class C felony. [2003 c
53 § 66; 1989 c 318 § 2; 1984 c 95 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1989 c 318: See note following RCW 26.09.160.
Severability—1984 c 95: See note following RCW 9A.40.060.
9A.40.100
9A.40.100 Trafficking. (1)(a) A person is guilty of
trafficking in the first degree when:
(i) Such person:
(A) Recruits, harbors, transports, provides, or obtains by
any means another person knowing that force, fraud, or coercion as defined in RCW 9A.36.070 will be used to cause the
person to engage in forced labor or involuntary servitude; or
(B) Benefits financially or by receiving anything of
value from participation in a venture that has engaged in acts
set forth in (a)(i)(A) of this subsection; and
(ii) The acts or venture set forth in (a)(i) of this subsection:
(A) Involve committing or attempting to commit kidnapping;
(B) Involve a finding of sexual motivation under RCW
9.94A.835; or
(C) Result in a death.
(b) Trafficking in the first degree is a class A felony.
(2)(a) A person is guilty of trafficking in the second
degree when such person:
(i) Recruits, harbors, transports, provides, or obtains by
any means another person knowing that force, fraud, or coercion as defined in RCW 9A.36.070 will be used to cause the
person to engage in forced labor or involuntary servitude; or
(ii) Benefits financially or by receiving anything of value
from participation in a venture that has engaged in acts set
forth in (a)(i) of this subsection.
(b) Trafficking in the second degree is a class A felony.
[2003 c 267 § 1.]
[2003 RCW Supp—page 80]
Chapter 9A.44 RCW
SEX OFFENSES
Sections
9A.44.100
9A.44.115
9A.44.130
9A.44.130
Indecent liberties. (Effective July 1, 2004.)
Voyeurism.
Registration of sex offenders and kidnapping offenders—Procedures—Definition—Penalties. (Effective until July 1,
2004.)
Registration of sex offenders and kidnapping offenders—Procedures—Definition—Penalties. (Effective July 1, 2004.)
9A.44.100
9A.44.100 Indecent liberties. (Effective July 1, 2004.)
(1) A person is guilty of indecent liberties when he or she
knowingly causes another person who is not his or her spouse
to have sexual contact with him or her or another:
(a) By forcible compulsion;
(b) When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or
physically helpless;
(c) When the victim is developmentally disabled and the
perpetrator is a person who is not married to the victim and
who has supervisory authority over the victim;
(d) When the perpetrator is a health care provider, the
victim is a client or patient, and the sexual contact occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must
prove by a preponderance of the evidence that the client or
patient consented to the sexual contact with the knowledge
that the sexual contact was not for the purpose of treatment;
(e) When the victim is a resident of a facility for mentally
disordered or chemically dependent persons and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or
(f) When the victim is a frail elder or vulnerable adult
and the perpetrator is a person who is not married to the victim and who has a significant relationship with the victim.
(2)(a) Except as provided in (b) of this subsection, indecent liberties is a class B felony.
(b) Indecent liberties by forcible compulsion is a class A
felony. [2003 c 53 § 67; 2001 2nd sp.s. c 12 § 359; 1997 c
392 § 515; 1993 c 477 § 3; 1988 c 146 § 2; 1988 c 145 § 10;
1986 c 131 § 1; 1975 1st ex.s. c 260 § 9A.88.100. Formerly
RCW 9A.88.100.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Severability—Effective dates—1988 c 146: See notes following
RCW 9A.44.050.
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.
9A.44.115
9A.44.115 Voyeurism. (1) As used in this section:
(a) "Intimate areas" means any portion of a person's body
or undergarments that is covered by clothing and intended to
be protected from public view;
Sex Offenses
(b) "Photographs" or "films" means the making of a photograph, motion picture film, videotape, digital image, or any
other recording or transmission of the image of a person;
(c) "Place where he or she would have a reasonable
expectation of privacy" means:
(i) A place where a reasonable person would believe that
he or she could disrobe in privacy, without being concerned
that his or her undressing was being photographed or filmed
by another; or
(ii) A place where one may reasonably expect to be safe
from casual or hostile intrusion or surveillance;
(d) "Surveillance" means secret observation of the activities of another person for the purpose of spying upon and
invading the privacy of the person;
(e) "Views" means the intentional looking upon of
another person for more than a brief period of time, in other
than a casual or cursory manner, with the unaided eye or with
a device designed or intended to improve visual acuity.
(2) A person commits the crime of voyeurism if, for the
purpose of arousing or gratifying the sexual desire of any person, he or she knowingly views, photographs, or films:
(a) Another person without that person's knowledge and
consent while the person being viewed, photographed, or
filmed is in a place where he or she would have a reasonable
expectation of privacy; or
(b) The intimate areas of another person without that person's knowledge and consent and under circumstances where
the person has a reasonable expectation of privacy, whether
in a public or private place.
(3) Voyeurism is a class C felony.
(4) This section does not apply to viewing, photographing, or filming by personnel of the department of corrections
or of a local jail or correctional facility for security purposes
or during investigation of alleged misconduct by a person in
the custody of the department of corrections or the local jail
or correctional facility.
(5) If a person is convicted of a violation of this section,
the court may order the destruction of any photograph,
motion picture film, digital image, videotape, or any other
recording of an image that was made by the person in violation of this section. [2003 c 213 § 1; 1998 c 221 § 1.]
Effective date—2003 c 213: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 12, 2003]." [2003 c 213 § 2.]
9A.44.130
9A.44.130 Registration of sex offenders and kidnapping offenders—Procedures—Definition—Penalties.
(Effective until July 1, 2004.) (1) Any adult or juvenile
residing whether or not the person has a fixed residence, or
who is a student, is employed, or carries on a vocation in this
state who has been found to have committed or has been convicted of any sex offense or kidnapping offense, or who has
been found not guilty by reason of insanity under chapter
10.77 RCW of committing any sex offense or kidnapping
offense, shall register with the county sheriff for the county
of the person's residence, or if the person is not a resident of
Washington, the county of the person's school, or place of
employment or vocation, or as otherwise specified in this section. Where a person required to register under this section is
in custody of the state department of corrections, the state
9A.44.130
department of social and health services, a local division of
youth services, or a local jail or juvenile detention facility as
a result of a sex offense or kidnapping offense, the person
shall also register at the time of release from custody with an
official designated by the agency that has jurisdiction over
the person. In addition, any such adult or juvenile: (a) Who
is admitted to a public or private institution of higher education shall, within ten days of enrolling or by the first business
day after arriving at the institution, whichever is earlier,
notify the sheriff for the county of the person's residence of
the person's intent to attend the institution; (b) who gains
employment at a public or private institution of higher education shall, within ten days of accepting employment or by the
first business day after commencing work at the institution,
whichever is earlier, notify the sheriff for the county of the
person's residence of the person's employment by the institution; or (c) whose enrollment or employment at a public or
private institution of higher education is terminated shall,
within ten days of such termination, notify the sheriff for the
county of the person's residence of the person's termination of
enrollment or employment at the institution. Persons
required to register under this section who are enrolled in a
public or private institution of higher education on June 11,
1998, must notify the county sheriff immediately. The sheriff shall notify the institution's department of public safety
and shall provide that department with the same information
provided to a county sheriff under subsection (3) of this section.
(2) This section may not be construed to confer any powers pursuant to RCW 4.24.500 upon the public safety department of any public or private institution of higher education.
(3)(a) The person shall provide the following information when registering: (i) Name; (ii) address; (iii) date and
place of birth; (iv) place of employment; (v) crime for which
convicted; (vi) date and place of conviction; (vii) aliases
used; (viii) social security number; (ix) photograph; and (x)
fingerprints.
(b) Any person who lacks a fixed residence shall provide
the following information when registering: (i) Name; (ii)
date and place of birth; (iii) place of employment; (iv) crime
for which convicted; (v) date and place of conviction; (vi)
aliases used; (vii) social security number; (viii) photograph;
(ix) fingerprints; and (x) where he or she plans to stay.
(4)(a) Offenders shall register with the county sheriff
within the following deadlines. For purposes of this section
the term "conviction" refers to adult convictions and juvenile
adjudications for sex offenses or kidnapping offenses:
(i) OFFENDERS IN CUSTODY. (A) Sex offenders
who committed a sex offense on, before, or after February 28,
1990, and who, on or after July 28, 1991, are in custody, as a
result of that offense, of the state department of corrections,
the state department of social and health services, a local
division of youth services, or a local jail or juvenile detention
facility, and (B) kidnapping offenders who on or after July
27, 1997, are in custody of the state department of corrections, the state department of social and health services, a
local division of youth services, or a local jail or juvenile
detention facility, must register at the time of release from
custody with an official designated by the agency that has
jurisdiction over the offender. The agency shall within three
days forward the registration information to the county sher[2003 RCW Supp—page 81]
9A.44.130
Title 9A RCW: Washington Criminal Code
iff for the county of the offender's anticipated residence. The
offender must also register within twenty-four hours from the
time of release with the county sheriff for the county of the
person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. The agency that has jurisdiction over the
offender shall provide notice to the offender of the duty to
register. Failure to register at the time of release and within
twenty-four hours of release constitutes a violation of this
section and is punishable as provided in subsection (10) of
this section.
When the agency with jurisdiction intends to release an
offender with a duty to register under this section, and the
agency has knowledge that the offender is eligible for developmental disability services from the department of social
and health services, the agency shall notify the division of
developmental disabilities of the release. Notice shall occur
not more than thirty days before the offender is to be released.
The agency and the division shall assist the offender in meeting the initial registration requirement under this section.
Failure to provide such assistance shall not constitute a
defense for any violation of this section.
(ii) OFFENDERS NOT IN CUSTODY BUT UNDER
STATE OR LOCAL JURISDICTION. Sex offenders who,
on July 28, 1991, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the
department of correction's active supervision, as defined by
the department of corrections, the state department of social
and health services, or a local division of youth services, for
sex offenses committed before, on, or after February 28,
1990, must register within ten days of July 28, 1991. Kidnapping offenders who, on July 27, 1997, are not in custody but
are under the jurisdiction of the indeterminate sentence
review board or under the department of correction's active
supervision, as defined by the department of corrections, the
state department of social and health services, or a local division of youth services, for kidnapping offenses committed
before, on, or after July 27, 1997, must register within ten
days of July 27, 1997. A change in supervision status of a sex
offender who was required to register under this subsection
(4)(a)(ii) as of July 28, 1991, or a kidnapping offender
required to register as of July 27, 1997, shall not relieve the
offender of the duty to register or to reregister following a
change in residence. The obligation to register shall only
cease pursuant to RCW 9A.44.140.
(iii) OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on or after July 23, 1995, and kidnapping offenders who, on or after July 27, 1997, as a result
of that offense are in the custody of the United States bureau
of prisons or other federal or military correctional agency for
sex offenses committed before, on, or after February 28,
1990, or kidnapping offenses committed on, before, or after
July 27, 1997, must register within twenty-four hours from
the time of release with the county sheriff for the county of
the person's residence, or if the person is not a resident of
Washington, the county of the person's school, or place of
employment or vocation. Sex offenders who, on July 23,
1995, are not in custody but are under the jurisdiction of the
United States bureau of prisons, United States courts, United
States parole commission, or military parole board for sex
offenses committed before, on, or after February 28, 1990,
[2003 RCW Supp—page 82]
must register within ten days of July 23, 1995. Kidnapping
offenders who, on July 27, 1997, are not in custody but are
under the jurisdiction of the United States bureau of prisons,
United States courts, United States parole commission, or
military parole board for kidnapping offenses committed
before, on, or after July 27, 1997, must register within ten
days of July 27, 1997. A change in supervision status of a sex
offender who was required to register under this subsection
(4)(a)(iii) as of July 23, 1995, or a kidnapping offender
required to register as of July 27, 1997 shall not relieve the
offender of the duty to register or to reregister following a
change in residence, or if the person is not a resident of
Washington, the county of the person's school, or place of
employment or vocation. The obligation to register shall
only cease pursuant to RCW 9A.44.140.
(iv) OFFENDERS WHO ARE CONVICTED BUT
NOT CONFINED. Sex offenders who are convicted of a sex
offense on or after July 28, 1991, for a sex offense that was
committed on or after February 28, 1990, and kidnapping
offenders who are convicted on or after July 27, 1997, for a
kidnapping offense that was committed on or after July 27,
1997, but who are not sentenced to serve a term of confinement immediately upon sentencing, shall report to the county
sheriff to register immediately upon completion of being sentenced.
(v) OFFENDERS WHO ARE NEW RESIDENTS OR
RETURNING WASHINGTON RESIDENTS. Sex offenders and kidnapping offenders who move to Washington state
from another state or a foreign country that are not under the
jurisdiction of the state department of corrections, the indeterminate sentence review board, or the state department of
social and health services at the time of moving to Washington, must register within thirty days of establishing residence
or reestablishing residence if the person is a former Washington resident. The duty to register under this subsection
applies to sex offenders convicted under the laws of another
state or a foreign country, federal or military statutes, or
Washington state for offenses committed on or after February
28, 1990, and to kidnapping offenders convicted under the
laws of another state or a foreign country, federal or military
statutes, or Washington state for offenses committed on or
after July 27, 1997. Sex offenders and kidnapping offenders
from other states or a foreign country who, when they move
to Washington, are under the jurisdiction of the department of
corrections, the indeterminate sentence review board, or the
department of social and health services must register within
twenty-four hours of moving to Washington. The agency
that has jurisdiction over the offender shall notify the
offender of the registration requirements before the offender
moves to Washington.
(vi) OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. Any adult or juvenile who has been
found not guilty by reason of insanity under chapter 10.77
RCW of (A) committing a sex offense on, before, or after
February 28, 1990, and who, on or after July 23, 1995, is in
custody, as a result of that finding, of the state department of
social and health services, or (B) committing a kidnapping
offense on, before, or after July 27, 1997, and who on or after
July 27, 1997, is in custody, as a result of that finding, of the
state department of social and health services, must register
within twenty-four hours from the time of release with the
Sex Offenses
county sheriff for the county of the person's residence. The
state department of social and health services shall provide
notice to the adult or juvenile in its custody of the duty to register. Any adult or juvenile who has been found not guilty by
reason of insanity of committing a sex offense on, before, or
after February 28, 1990, but who was released before July 23,
1995, or any adult or juvenile who has been found not guilty
by reason of insanity of committing a kidnapping offense but
who was released before July 27, 1997, shall be required to
register within twenty-four hours of receiving notice of this
registration requirement. The state department of social and
health services shall make reasonable attempts within available resources to notify sex offenders who were released
before July 23, 1995, and kidnapping offenders who were
released before July 27, 1997. Failure to register within
twenty-four hours of release, or of receiving notice, constitutes a violation of this section and is punishable as provided
in subsection (10) of this section.
(vii) OFFENDERS WHO LACK A FIXED RESIDENCE. Any person who lacks a fixed residence and leaves
the county in which he or she is registered and enters and
remains within a new county for twenty-four hours is
required to register with the county sheriff not more than
twenty-four hours after entering the county and provide the
information required in subsection (3)(b) of this section.
(viii) OFFENDERS WHO LACK A FIXED RESIDENCE AND WHO ARE UNDER SUPERVISION.
Offenders who lack a fixed residence and who are under the
supervision of the department shall register in the county of
their supervision.
(ix) OFFENDERS WHO MOVE TO, WORK, CARRY
ON A VOCATION, OR ATTEND SCHOOL IN ANOTHER
STATE. Offenders required to register in Washington, who
move to another state, or who work, carry on a vocation, or
attend school in another state shall register a new address,
fingerprints, and photograph with the new state within ten
days after establishing residence, or after beginning to work,
carry on a vocation, or attend school in the new state. The
person must also send written notice within ten days of moving to the new state or to a foreign country to the county sheriff with whom the person last registered in Washington state.
The county sheriff shall promptly forward this information to
the Washington state patrol.
(b) Failure to register within the time required under this
section constitutes a per se violation of this section and is
punishable as provided in subsection (10) of this section. The
county sheriff shall not be required to determine whether the
person is living within the county.
(c) An arrest on charges of failure to register, service of
an information, or a complaint for a violation of this section,
or arraignment on charges for a violation of this section, constitutes actual notice of the duty to register. Any person
charged with the crime of failure to register under this section
who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice of the
duty through arrest, service, or arraignment. Failure to register as required under this subsection (4)(c) constitutes
grounds for filing another charge of failing to register. Registering following arrest, service, or arraignment on charges
shall not relieve the offender from criminal liability for failure to register prior to the filing of the original charge.
9A.44.130
(d) The deadlines for the duty to register under this section do not relieve any sex offender of the duty to register
under this section as it existed prior to July 28, 1991.
(5)(a) If any person required to register pursuant to this
section changes his or her residence address within the same
county, the person must send written notice of the change of
address to the county sheriff within seventy-two hours of
moving. If any person required to register pursuant to this
section moves to a new county, the person must send written
notice of the change of address at least fourteen days before
moving to the county sheriff in the new county of residence
and must register with that county sheriff within twenty-four
hours of moving. The person must also send written notice
within ten days of the change of address in the new county to
the county sheriff with whom the person last registered. The
county sheriff with whom the person last registered shall
promptly forward the information concerning the change of
address to the county sheriff for the county of the person's
new residence. Upon receipt of notice of change of address
to a new state, the county sheriff shall promptly forward the
information regarding the change of address to the agency
designated by the new state as the state's offender registration
agency.
(b) It is an affirmative defense to a charge that the person
failed to send a notice at least fourteen days in advance of
moving as required under (a) of this subsection that the person did not know the location of his or her new residence at
least fourteen days before moving. The defendant must
establish the defense by a preponderance of the evidence and,
to prevail on the defense, must also prove by a preponderance
that the defendant sent the required notice within twenty-four
hours of determining the new address.
(6)(a) Any person required to register under this section
who lacks a fixed residence shall provide written notice to the
sheriff of the county where he or she last registered within
forty-eight hours excluding weekends and holidays after
ceasing to have a fixed residence. The notice shall include
the information required by subsection (3)(b) of this section,
except the photograph and fingerprints. The county sheriff
may, for reasonable cause, require the offender to provide a
photograph and fingerprints. The sheriff shall forward this
information to the sheriff of the county in which the person
intends to reside, if the person intends to reside in another
county.
(b) A person who lacks a fixed residence must report
weekly, in person, to the sheriff of the county where he or she
is registered. The weekly report shall be on a day specified
by the county sheriff's office, and shall occur during normal
business hours. The county sheriff's office may require the
person to list the locations where the person has stayed during
the last seven days. The lack of a fixed residence is a factor
that may be considered in determining an offender's risk level
and shall make the offender subject to disclosure of information to the public at large pursuant to RCW 4.24.550.
(c) If any person required to register pursuant to this section does not have a fixed residence, it is an affirmative
defense to the charge of failure to register, that he or she provided written notice to the sheriff of the county where he or
she last registered within forty-eight hours excluding weekends and holidays after ceasing to have a fixed residence and
has subsequently complied with the requirements of subsec[2003 RCW Supp—page 83]
9A.44.130
Title 9A RCW: Washington Criminal Code
tions (4)(a)(vii) or (viii) and (6) of this section. To prevail,
the person must prove the defense by a preponderance of the
evidence.
(7) A sex offender subject to registration requirements
under this section who applies to change his or her name
under RCW 4.24.130 or any other law shall submit a copy of
the application to the county sheriff of the county of the person's residence and to the state patrol not fewer than five days
before the entry of an order granting the name change. No
sex offender under the requirement to register under this section at the time of application shall be granted an order
changing his or her name if the court finds that doing so will
interfere with legitimate law enforcement interests, except
that no order shall be denied when the name change is
requested for religious or legitimate cultural reasons or in
recognition of marriage or dissolution of marriage. A sex
offender under the requirement to register under this section
who receives an order changing his or her name shall submit
a copy of the order to the county sheriff of the county of the
person's residence and to the state patrol within five days of
the entry of the order.
(8) The county sheriff shall obtain a photograph of the
individual and shall obtain a copy of the individual's fingerprints.
(9) For the purpose of RCW 9A.44.130, 10.01.200,
43.43.540, 70.48.470, and 72.09.330:
(a) "Sex offense" means:
(i) Any offense defined as a sex offense by RCW
9.94A.030;
(ii) Any violation under RCW 9A.44.096 (sexual misconduct with a minor in the second degree);
(iii) Any violation under RCW 9.68A.090 (communication with a minor for immoral purposes);
(iv) Any federal or out-of-state conviction for an offense
that under the laws of this state would be classified as a sex
offense under this subsection; and
(v) Any gross misdemeanor that is, under chapter 9A.28
RCW, a criminal attempt, criminal solicitation, or criminal
conspiracy to commit an offense that is classified as a sex
offense under RCW 9.94A.030 or this subsection.
(b) "Kidnapping offense" means: (i) The crimes of kidnapping in the first degree, kidnapping in the second degree,
and unlawful imprisonment, as defined in chapter 9A.40
RCW, where the victim is a minor and the offender is not the
minor's parent; (ii) any offense that is, under chapter 9A.28
RCW, a criminal attempt, criminal solicitation, or criminal
conspiracy to commit an offense that is classified as a kidnapping offense under this subsection (9)(b); and (iii) any federal
or out-of-state conviction for an offense that under the laws
of this state would be classified as a kidnapping offense under
this subsection (9)(b).
(c) "Employed" or "carries on a vocation" means
employment that is full-time or part-time for a period of time
exceeding fourteen days, or for an aggregate period of time
exceeding thirty days during any calendar year. A person is
employed or carries on a vocation whether the person's
employment is financially compensated, volunteered, or for
the purpose of government or educational benefit.
(d) "Student" means a person who is enrolled, on a fulltime or part-time basis, in any public or private educational
institution. An educational institution includes any second[2003 RCW Supp—page 84]
ary school, trade or professional institution, or institution of
higher education.
(10) A person who knowingly fails to register with the
county sheriff or notify the county sheriff, or who changes his
or her name without notifying the county sheriff and the state
patrol, as required by this section is guilty of a class C felony
if the crime for which the individual was convicted was a felony sex offense as defined in subsection (9)(a) of this section
or a federal or out-of-state conviction for an offense that
under the laws of this state would be a felony sex offense as
defined in subsection (9)(a) of this section. If the crime was
other than a felony or a federal or out-of-state conviction for
an offense that under the laws of this state would be other
than a felony, violation of this section is a gross misdemeanor.
(11) A person who knowingly fails to register or who
moves within the state without notifying the county sheriff as
required by this section is guilty of a class C felony if the
crime for which the individual was convicted was a felony
kidnapping offense as defined in subsection (9)(b) of this section or a federal or out-of-state conviction for an offense that
under the laws of this state would be a felony kidnapping
offense as defined in subsection (9)(b) of this section. If the
crime was other than a felony or a federal or out-of-state conviction for an offense that under the laws of this state would
be other than a felony, violation of this section is a gross misdemeanor. [2003 c 215 § 1; 2002 c 31 § 1. Prior: 2001 c 169
§ 1; 2001 c 95 § 2; 2000 c 91 § 2; prior: 1999 sp.s. c 6 § 2;
1999 c 352 § 9; prior: 1998 c 220 § 1; 1998 c 139 § 1; prior:
1997 c 340 § 3; 1997 c 113 § 3; 1996 c 275 § 11; prior: 1995
c 268 § 3; 1995 c 248 § 1; 1995 c 195 § 1; 1994 c 84 § 2; 1991
c 274 § 2; 1990 c 3 § 402.]
Application—2002 c 31: "This act applies to all persons convicted of
communication with a minor either on, before, or after July 1, 2001, unless
otherwise relieved of the duty to register under RCW 9A.44.140." [2002 c
31 § 2.]
Severability—2002 c 31: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2002 c 31 § 3.]
Effective date—2002 c 31: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 12, 2002]." [2002 c 31 § 4.]
Effective date—2001 c 95: See note following RCW 9.94A.030.
Intent—1999 sp.s. c 6: "It is the intent of this act to revise the law on
registration of sex and kidnapping offenders in response to the case of State
v. Pickett, Docket number 41562-0-I. The legislature intends that all sex and
kidnapping offenders whose history requires them to register shall do so
regardless of whether the person has a fixed residence. The lack of a residential address is not to be construed to preclude registration as a sex or kidnapping offender. The legislature intends that persons who lack a residential
address shall have an affirmative duty to report to the appropriate county
sheriff, based on the level of risk of offending." [1999 sp.s. c 6 § 1.]
Effective date—1999 sp.s. c 6: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[June 7, 1999]." [1999 sp.s. c 6 § 3.]
Severability—1998 c 220: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1998 c 220 § 7.]
Findings—1997 c 113: See note following RCW 4.24.550.
Finding—1996 c 275: See note following RCW 9.94A.505.
Purpose—1995 c 268: See note following RCW 9.94A.030.
Sex Offenses
Intent—1994 c 84: "This act is intended to clarify existing law and is
not intended to reflect a substantive change in the law." [1994 c 84 § 1.]
Finding and intent—1991 c 274: "The legislature finds that sex
offender registration has assisted law enforcement agencies in protecting
their communities. This act is intended to clarify and amend the deadlines
for sex offenders to register. This act's clarification or amendment of RCW
9A.44.130 does not relieve the obligation of sex offenders to comply with
the registration requirements of RCW 9A.44.130 as that statute exists before
July 28, 1991." [1991 c 274 § 1.]
Finding—Policy—1990 c 3 § 402: "The legislature finds that sex
offenders often pose a high risk of reoffense, and that law enforcement's
efforts to protect their communities, conduct investigations, and quickly
apprehend offenders who commit sex offenses, are impaired by the lack of
information available to law enforcement agencies about convicted sex
offenders who live within the law enforcement agency's jurisdiction. Therefore, this state's policy is to assist local law enforcement agencies' efforts to
protect their communities by regulating sex offenders by requiring sex
offenders to register with local law enforcement agencies as provided in
RCW 9A.44.130." [1990 c 3 § 401.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
9A.44.130
9A.44.130 Registration of sex offenders and kidnapping offenders—Procedures—Definition—Penalties.
(Effective July 1, 2004.) (1) Any adult or juvenile residing
whether or not the person has a fixed residence, or who is a
student, is employed, or carries on a vocation in this state
who has been found to have committed or has been convicted
of any sex offense or kidnapping offense, or who has been
found not guilty by reason of insanity under chapter 10.77
RCW of committing any sex offense or kidnapping offense,
shall register with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation, or as otherwise specified in this section.
Where a person required to register under this section is in
custody of the state department of corrections, the state
department of social and health services, a local division of
youth services, or a local jail or juvenile detention facility as
a result of a sex offense or kidnapping offense, the person
shall also register at the time of release from custody with an
official designated by the agency that has jurisdiction over
the person. In addition, any such adult or juvenile: (a) Who
is admitted to a public or private institution of higher education shall, within ten days of enrolling or by the first business
day after arriving at the institution, whichever is earlier,
notify the sheriff for the county of the person's residence of
the person's intent to attend the institution; (b) who gains
employment at a public or private institution of higher education shall, within ten days of accepting employment or by the
first business day after commencing work at the institution,
whichever is earlier, notify the sheriff for the county of the
person's residence of the person's employment by the institution; or (c) whose enrollment or employment at a public or
private institution of higher education is terminated shall,
within ten days of such termination, notify the sheriff for the
county of the person's residence of the person's termination of
enrollment or employment at the institution. Persons
required to register under this section who are enrolled in a
public or private institution of higher education on June 11,
1998, must notify the county sheriff immediately. The sheriff shall notify the institution's department of public safety
and shall provide that department with the same information
9A.44.130
provided to a county sheriff under subsection (3) of this section.
(2) This section may not be construed to confer any powers pursuant to RCW 4.24.500 upon the public safety department of any public or private institution of higher education.
(3)(a) The person shall provide the following information when registering: (i) Name; (ii) address; (iii) date and
place of birth; (iv) place of employment; (v) crime for which
convicted; (vi) date and place of conviction; (vii) aliases
used; (viii) social security number; (ix) photograph; and (x)
fingerprints.
(b) Any person who lacks a fixed residence shall provide
the following information when registering: (i) Name; (ii)
date and place of birth; (iii) place of employment; (iv) crime
for which convicted; (v) date and place of conviction; (vi)
aliases used; (vii) social security number; (viii) photograph;
(ix) fingerprints; and (x) where he or she plans to stay.
(4)(a) Offenders shall register with the county sheriff
within the following deadlines. For purposes of this section
the term "conviction" refers to adult convictions and juvenile
adjudications for sex offenses or kidnapping offenses:
(i) OFFENDERS IN CUSTODY. (A) Sex offenders
who committed a sex offense on, before, or after February 28,
1990, and who, on or after July 28, 1991, are in custody, as a
result of that offense, of the state department of corrections,
the state department of social and health services, a local
division of youth services, or a local jail or juvenile detention
facility, and (B) kidnapping offenders who on or after July
27, 1997, are in custody of the state department of corrections, the state department of social and health services, a
local division of youth services, or a local jail or juvenile
detention facility, must register at the time of release from
custody with an official designated by the agency that has
jurisdiction over the offender. The agency shall within three
days forward the registration information to the county sheriff for the county of the offender's anticipated residence. The
offender must also register within twenty-four hours from the
time of release with the county sheriff for the county of the
person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. The agency that has jurisdiction over the
offender shall provide notice to the offender of the duty to
register. Failure to register at the time of release and within
twenty-four hours of release constitutes a violation of this
section and is punishable as provided in subsection (10) of
this section.
When the agency with jurisdiction intends to release an
offender with a duty to register under this section, and the
agency has knowledge that the offender is eligible for developmental disability services from the department of social
and health services, the agency shall notify the division of
developmental disabilities of the release. Notice shall occur
not more than thirty days before the offender is to be released.
The agency and the division shall assist the offender in meeting the initial registration requirement under this section.
Failure to provide such assistance shall not constitute a
defense for any violation of this section.
(ii) OFFENDERS NOT IN CUSTODY BUT UNDER
STATE OR LOCAL JURISDICTION. Sex offenders who,
on July 28, 1991, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the
[2003 RCW Supp—page 85]
9A.44.130
Title 9A RCW: Washington Criminal Code
department of correction's active supervision, as defined by
the department of corrections, the state department of social
and health services, or a local division of youth services, for
sex offenses committed before, on, or after February 28,
1990, must register within ten days of July 28, 1991. Kidnapping offenders who, on July 27, 1997, are not in custody but
are under the jurisdiction of the indeterminate sentence
review board or under the department of correction's active
supervision, as defined by the department of corrections, the
state department of social and health services, or a local division of youth services, for kidnapping offenses committed
before, on, or after July 27, 1997, must register within ten
days of July 27, 1997. A change in supervision status of a sex
offender who was required to register under this subsection
(4)(a)(ii) as of July 28, 1991, or a kidnapping offender
required to register as of July 27, 1997, shall not relieve the
offender of the duty to register or to reregister following a
change in residence. The obligation to register shall only
cease pursuant to RCW 9A.44.140.
(iii) OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on or after July 23, 1995, and kidnapping offenders who, on or after July 27, 1997, as a result
of that offense are in the custody of the United States bureau
of prisons or other federal or military correctional agency for
sex offenses committed before, on, or after February 28,
1990, or kidnapping offenses committed on, before, or after
July 27, 1997, must register within twenty-four hours from
the time of release with the county sheriff for the county of
the person's residence, or if the person is not a resident of
Washington, the county of the person's school, or place of
employment or vocation. Sex offenders who, on July 23,
1995, are not in custody but are under the jurisdiction of the
United States bureau of prisons, United States courts, United
States parole commission, or military parole board for sex
offenses committed before, on, or after February 28, 1990,
must register within ten days of July 23, 1995. Kidnapping
offenders who, on July 27, 1997, are not in custody but are
under the jurisdiction of the United States bureau of prisons,
United States courts, United States parole commission, or
military parole board for kidnapping offenses committed
before, on, or after July 27, 1997, must register within ten
days of July 27, 1997. A change in supervision status of a sex
offender who was required to register under this subsection
(4)(a)(iii) as of July 23, 1995, or a kidnapping offender
required to register as of July 27, 1997 shall not relieve the
offender of the duty to register or to reregister following a
change in residence, or if the person is not a resident of
Washington, the county of the person's school, or place of
employment or vocation. The obligation to register shall
only cease pursuant to RCW 9A.44.140.
(iv) OFFENDERS WHO ARE CONVICTED BUT
NOT CONFINED. Sex offenders who are convicted of a sex
offense on or after July 28, 1991, for a sex offense that was
committed on or after February 28, 1990, and kidnapping
offenders who are convicted on or after July 27, 1997, for a
kidnapping offense that was committed on or after July 27,
1997, but who are not sentenced to serve a term of confinement immediately upon sentencing, shall report to the county
sheriff to register immediately upon completion of being sentenced.
[2003 RCW Supp—page 86]
(v) OFFENDERS WHO ARE NEW RESIDENTS OR
RETURNING WASHINGTON RESIDENTS. Sex offenders and kidnapping offenders who move to Washington state
from another state or a foreign country that are not under the
jurisdiction of the state department of corrections, the indeterminate sentence review board, or the state department of
social and health services at the time of moving to Washington, must register within thirty days of establishing residence
or reestablishing residence if the person is a former Washington resident. The duty to register under this subsection
applies to sex offenders convicted under the laws of another
state or a foreign country, federal or military statutes, or
Washington state for offenses committed on or after February
28, 1990, and to kidnapping offenders convicted under the
laws of another state or a foreign country, federal or military
statutes, or Washington state for offenses committed on or
after July 27, 1997. Sex offenders and kidnapping offenders
from other states or a foreign country who, when they move
to Washington, are under the jurisdiction of the department of
corrections, the indeterminate sentence review board, or the
department of social and health services must register within
twenty-four hours of moving to Washington. The agency
that has jurisdiction over the offender shall notify the
offender of the registration requirements before the offender
moves to Washington.
(vi) OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. Any adult or juvenile who has been
found not guilty by reason of insanity under chapter 10.77
RCW of (A) committing a sex offense on, before, or after
February 28, 1990, and who, on or after July 23, 1995, is in
custody, as a result of that finding, of the state department of
social and health services, or (B) committing a kidnapping
offense on, before, or after July 27, 1997, and who on or after
July 27, 1997, is in custody, as a result of that finding, of the
state department of social and health services, must register
within twenty-four hours from the time of release with the
county sheriff for the county of the person's residence. The
state department of social and health services shall provide
notice to the adult or juvenile in its custody of the duty to register. Any adult or juvenile who has been found not guilty by
reason of insanity of committing a sex offense on, before, or
after February 28, 1990, but who was released before July 23,
1995, or any adult or juvenile who has been found not guilty
by reason of insanity of committing a kidnapping offense but
who was released before July 27, 1997, shall be required to
register within twenty-four hours of receiving notice of this
registration requirement. The state department of social and
health services shall make reasonable attempts within available resources to notify sex offenders who were released
before July 23, 1995, and kidnapping offenders who were
released before July 27, 1997. Failure to register within
twenty-four hours of release, or of receiving notice, constitutes a violation of this section and is punishable as provided
in subsection (10) of this section.
(vii) OFFENDERS WHO LACK A FIXED RESIDENCE. Any person who lacks a fixed residence and leaves
the county in which he or she is registered and enters and
remains within a new county for twenty-four hours is
required to register with the county sheriff not more than
twenty-four hours after entering the county and provide the
information required in subsection (3)(b) of this section.
Sex Offenses
(viii) OFFENDERS WHO LACK A FIXED RESIDENCE AND WHO ARE UNDER SUPERVISION.
Offenders who lack a fixed residence and who are under the
supervision of the department shall register in the county of
their supervision.
(ix) OFFENDERS WHO MOVE TO, WORK, CARRY
ON A VOCATION, OR ATTEND SCHOOL IN ANOTHER
STATE. Offenders required to register in Washington, who
move to another state, or who work, carry on a vocation, or
attend school in another state shall register a new address,
fingerprints, and photograph with the new state within ten
days after establishing residence, or after beginning to work,
carry on a vocation, or attend school in the new state. The
person must also send written notice within ten days of moving to the new state or to a foreign country to the county sheriff with whom the person last registered in Washington state.
The county sheriff shall promptly forward this information to
the Washington state patrol.
(b) Failure to register within the time required under this
section constitutes a per se violation of this section and is
punishable as provided in subsection (10) of this section. The
county sheriff shall not be required to determine whether the
person is living within the county.
(c) An arrest on charges of failure to register, service of
an information, or a complaint for a violation of this section,
or arraignment on charges for a violation of this section, constitutes actual notice of the duty to register. Any person
charged with the crime of failure to register under this section
who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice of the
duty through arrest, service, or arraignment. Failure to register as required under this subsection (4)(c) constitutes
grounds for filing another charge of failing to register. Registering following arrest, service, or arraignment on charges
shall not relieve the offender from criminal liability for failure to register prior to the filing of the original charge.
(d) The deadlines for the duty to register under this section do not relieve any sex offender of the duty to register
under this section as it existed prior to July 28, 1991.
(5)(a) If any person required to register pursuant to this
section changes his or her residence address within the same
county, the person must send written notice of the change of
address to the county sheriff within seventy-two hours of
moving. If any person required to register pursuant to this
section moves to a new county, the person must send written
notice of the change of address at least fourteen days before
moving to the county sheriff in the new county of residence
and must register with that county sheriff within twenty-four
hours of moving. The person must also send written notice
within ten days of the change of address in the new county to
the county sheriff with whom the person last registered. The
county sheriff with whom the person last registered shall
promptly forward the information concerning the change of
address to the county sheriff for the county of the person's
new residence. Upon receipt of notice of change of address
to a new state, the county sheriff shall promptly forward the
information regarding the change of address to the agency
designated by the new state as the state's offender registration
agency.
(b) It is an affirmative defense to a charge that the person
failed to send a notice at least fourteen days in advance of
9A.44.130
moving as required under (a) of this subsection that the person did not know the location of his or her new residence at
least fourteen days before moving. The defendant must
establish the defense by a preponderance of the evidence and,
to prevail on the defense, must also prove by a preponderance
that the defendant sent the required notice within twenty-four
hours of determining the new address.
(6)(a) Any person required to register under this section
who lacks a fixed residence shall provide written notice to the
sheriff of the county where he or she last registered within
forty-eight hours excluding weekends and holidays after
ceasing to have a fixed residence. The notice shall include
the information required by subsection (3)(b) of this section,
except the photograph and fingerprints. The county sheriff
may, for reasonable cause, require the offender to provide a
photograph and fingerprints. The sheriff shall forward this
information to the sheriff of the county in which the person
intends to reside, if the person intends to reside in another
county.
(b) A person who lacks a fixed residence must report
weekly, in person, to the sheriff of the county where he or she
is registered. The weekly report shall be on a day specified
by the county sheriff's office, and shall occur during normal
business hours. The county sheriff's office may require the
person to list the locations where the person has stayed during
the last seven days. The lack of a fixed residence is a factor
that may be considered in determining an offender's risk level
and shall make the offender subject to disclosure of information to the public at large pursuant to RCW 4.24.550.
(c) If any person required to register pursuant to this section does not have a fixed residence, it is an affirmative
defense to the charge of failure to register, that he or she provided written notice to the sheriff of the county where he or
she last registered within forty-eight hours excluding weekends and holidays after ceasing to have a fixed residence and
has subsequently complied with the requirements of subsections (4)(a)(vii) or (viii) and (6) of this section. To prevail,
the person must prove the defense by a preponderance of the
evidence.
(7) A sex offender subject to registration requirements
under this section who applies to change his or her name
under RCW 4.24.130 or any other law shall submit a copy of
the application to the county sheriff of the county of the person's residence and to the state patrol not fewer than five days
before the entry of an order granting the name change. No
sex offender under the requirement to register under this section at the time of application shall be granted an order
changing his or her name if the court finds that doing so will
interfere with legitimate law enforcement interests, except
that no order shall be denied when the name change is
requested for religious or legitimate cultural reasons or in
recognition of marriage or dissolution of marriage. A sex
offender under the requirement to register under this section
who receives an order changing his or her name shall submit
a copy of the order to the county sheriff of the county of the
person's residence and to the state patrol within five days of
the entry of the order.
(8) The county sheriff shall obtain a photograph of the
individual and shall obtain a copy of the individual's fingerprints.
[2003 RCW Supp—page 87]
9A.44.130
Title 9A RCW: Washington Criminal Code
(9) For the purpose of RCW 9A.44.130, 10.01.200,
43.43.540, 70.48.470, and 72.09.330:
(a) "Sex offense" means:
(i) Any offense defined as a sex offense by RCW
9.94A.030;
(ii) Any violation under RCW 9A.44.096 (sexual misconduct with a minor in the second degree);
(iii) Any violation under RCW 9.68A.090 (communication with a minor for immoral purposes);
(iv) Any federal or out-of-state conviction for an offense
that under the laws of this state would be classified as a sex
offense under this subsection; and
(v) Any gross misdemeanor that is, under chapter 9A.28
RCW, a criminal attempt, criminal solicitation, or criminal
conspiracy to commit an offense that is classified as a sex
offense under RCW 9.94A.030 or this subsection.
(b) "Kidnapping offense" means: (i) The crimes of kidnapping in the first degree, kidnapping in the second degree,
and unlawful imprisonment, as defined in chapter 9A.40
RCW, where the victim is a minor and the offender is not the
minor's parent; (ii) any offense that is, under chapter 9A.28
RCW, a criminal attempt, criminal solicitation, or criminal
conspiracy to commit an offense that is classified as a kidnapping offense under this subsection (9)(b); and (iii) any federal
or out-of-state conviction for an offense that under the laws
of this state would be classified as a kidnapping offense under
this subsection (9)(b).
(c) "Employed" or "carries on a vocation" means
employment that is full-time or part-time for a period of time
exceeding fourteen days, or for an aggregate period of time
exceeding thirty days during any calendar year. A person is
employed or carries on a vocation whether the person's
employment is financially compensated, volunteered, or for
the purpose of government or educational benefit.
(d) "Student" means a person who is enrolled, on a fulltime or part-time basis, in any public or private educational
institution. An educational institution includes any secondary school, trade or professional institution, or institution of
higher education.
(10)(a) A person who knowingly fails to register with the
county sheriff or notify the county sheriff, or who changes his
or her name without notifying the county sheriff and the state
patrol, as required by this section is guilty of a class C felony
if the crime for which the individual was convicted was a felony sex offense as defined in subsection (9)(a) of this section
or a federal or out-of-state conviction for an offense that
under the laws of this state would be a felony sex offense as
defined in subsection (9)(a) of this section.
(b) If the crime for which the individual was convicted
was other than a felony or a federal or out-of-state conviction
for an offense that under the laws of this state would be other
than a felony, violation of this section is a gross misdemeanor.
(11)(a) A person who knowingly fails to register or who
moves within the state without notifying the county sheriff as
required by this section is guilty of a class C felony if the
crime for which the individual was convicted was a felony
kidnapping offense as defined in subsection (9)(b) of this section or a federal or out-of-state conviction for an offense that
under the laws of this state would be a felony kidnapping
offense as defined in subsection (9)(b) of this section.
[2003 RCW Supp—page 88]
(b) If the crime for which the individual was convicted
was other than a felony or a federal or out-of-state conviction
for an offense that under the laws of this state would be other
than a felony, violation of this section is a gross misdemeanor. [2003 c 215 § 1; 2003 c 53 § 68; 2002 c 31 § 1.
Prior: 2001 c 169 § 1; 2001 c 95 § 2; 2000 c 91 § 2; prior:
1999 sp.s. c 6 § 2; 1999 c 352 § 9; prior: 1998 c 220 § 1; 1998
c 139 § 1; prior: 1997 c 340 § 3; 1997 c 113 § 3; 1996 c 275
§ 11; prior: 1995 c 268 § 3; 1995 c 248 § 1; 1995 c 195 § 1;
1994 c 84 § 2; 1991 c 274 § 2; 1990 c 3 § 402.]
Reviser's note: This section was amended by 2003 c 53 § 68 and by
2003 c 215 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Application—2002 c 31: "This act applies to all persons convicted of
communication with a minor either on, before, or after July 1, 2001, unless
otherwise relieved of the duty to register under RCW 9A.44.140." [2002 c
31 § 2.]
Severability—2002 c 31: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2002 c 31 § 3.]
Effective date—2002 c 31: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 12, 2002]." [2002 c 31 § 4.]
Effective date—2001 c 95: See note following RCW 9.94A.030.
Intent—1999 sp.s. c 6: "It is the intent of this act to revise the law on
registration of sex and kidnapping offenders in response to the case of State
v. Pickett, Docket number 41562-0-I. The legislature intends that all sex and
kidnapping offenders whose history requires them to register shall do so
regardless of whether the person has a fixed residence. The lack of a residential address is not to be construed to preclude registration as a sex or kidnapping offender. The legislature intends that persons who lack a residential
address shall have an affirmative duty to report to the appropriate county
sheriff, based on the level of risk of offending." [1999 sp.s. c 6 § 1.]
Effective date—1999 sp.s. c 6: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[June 7, 1999]." [1999 sp.s. c 6 § 3.]
Severability—1998 c 220: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1998 c 220 § 7.]
Findings—1997 c 113: See note following RCW 4.24.550.
Finding—1996 c 275: See note following RCW 9.94A.505.
Purpose—1995 c 268: See note following RCW 9.94A.030.
Intent—1994 c 84: "This act is intended to clarify existing law and is
not intended to reflect a substantive change in the law." [1994 c 84 § 1.]
Finding and intent—1991 c 274: "The legislature finds that sex
offender registration has assisted law enforcement agencies in protecting
their communities. This act is intended to clarify and amend the deadlines
for sex offenders to register. This act's clarification or amendment of RCW
9A.44.130 does not relieve the obligation of sex offenders to comply with
the registration requirements of RCW 9A.44.130 as that statute exists before
July 28, 1991." [1991 c 274 § 1.]
Finding—Policy—1990 c 3 § 402: "The legislature finds that sex
offenders often pose a high risk of reoffense, and that law enforcement's
efforts to protect their communities, conduct investigations, and quickly
apprehend offenders who commit sex offenses, are impaired by the lack of
information available to law enforcement agencies about convicted sex
offenders who live within the law enforcement agency's jurisdiction. Therefore, this state's policy is to assist local law enforcement agencies' efforts to
protect their communities by regulating sex offenders by requiring sex
offenders to register with local law enforcement agencies as provided in
RCW 9A.44.130." [1990 c 3 § 401.]
Harassment
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Chapter 9A.46
Chapter 9A.46 RCW
HARASSMENT
Sections
9A.46.020
9A.46.110
Definition—Penalties. (Effective July 1, 2004.)
Stalking. (Effective July 1, 2004.)
9A.46.020
9A.46.020 Definition—Penalties. (Effective July 1,
2004.) (1) A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly
threatens:
(i) To cause bodily injury immediately or in the future to
the person threatened or to any other person; or
(ii) To cause physical damage to the property of a person
other than the actor; or
(iii) To subject the person threatened or any other person
to physical confinement or restraint; or
(iv) Maliciously to do any other act which is intended to
substantially harm the person threatened or another with
respect to his or her physical or mental health or safety; and
(b) The person by words or conduct places the person
threatened in reasonable fear that the threat will be carried
out. "Words or conduct" includes, in addition to any other
form of communication or conduct, the sending of an electronic communication.
(2)(a) Except as provided in (b) of this subsection, a person who harasses another is guilty of a gross misdemeanor.
(b) A person who harasses another is guilty of a class C
felony if either of the following applies: (i) The person has
previously been convicted in this or any other state of any
crime of harassment, as defined in RCW 9A.46.060, of the
same victim or members of the victim's family or household
or any person specifically named in a no-contact or noharassment order; or (ii) the person harasses another person
under subsection (1)(a)(i) of this section by threatening to kill
the person threatened or any other person.
(3) The penalties provided in this section for harassment
do not preclude the victim from seeking any other remedy
otherwise available under law. [2003 c 53 § 69; 1999 c 27 §
2; 1997 c 105 § 1; 1992 c 186 § 2; 1985 c 288 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Intent—1999 c 27: "It is the intent of chapter 27, Laws of 1999 to clarify that electronic communications are included in the types of conduct and
actions that can constitute the crimes of harassment and stalking. It is not the
intent of the legislature, by adoption of chapter 27, Laws of 1999, to restrict
in any way the types of conduct or actions that can constitute harassment or
stalking." [1999 c 27 § 1.]
Severability—1992 c 186: See note following RCW 9A.46.110.
9A.46.110
9A.46.110 Stalking. (Effective July 1, 2004.) (1) A
person commits the crime of stalking if, without lawful
authority and under circumstances not amounting to a felony
attempt of another crime:
(a) He or she intentionally and repeatedly harasses or
repeatedly follows another person; and
(b) The person being harassed or followed is placed in
fear that the stalker intends to injure the person, another person, or property of the person or of another person. The feel-
9A.46.110
ing of fear must be one that a reasonable person in the same
situation would experience under all the circumstances; and
(c) The stalker either:
(i) Intends to frighten, intimidate, or harass the person; or
(ii) Knows or reasonably should know that the person is
afraid, intimidated, or harassed even if the stalker did not
intend to place the person in fear or intimidate or harass the
person.
(2)(a) It is not a defense to the crime of stalking under
subsection (1)(c)(i) of this section that the stalker was not
given actual notice that the person did not want the stalker to
contact or follow the person; and
(b) It is not a defense to the crime of stalking under subsection (1)(c)(ii) of this section that the stalker did not intend
to frighten, intimidate, or harass the person.
(3) It shall be a defense to the crime of stalking that the
defendant is a licensed private investigator acting within the
capacity of his or her license as provided by chapter 18.165
RCW.
(4) Attempts to contact or follow the person after being
given actual notice that the person does not want to be contacted or followed constitutes prima facie evidence that the
stalker intends to intimidate or harass the person. "Contact"
includes, in addition to any other form of contact or communication, the sending of an electronic communication to the
person.
(5)(a) Except as provided in (b) of this subsection, a person who stalks another person is guilty of a gross misdemeanor.
(b) A person who stalks another is guilty of a class C felony if any of the following applies: (i) The stalker has previously been convicted in this state or any other state of any
crime of harassment, as defined in RCW 9A.46.060, of the
same victim or members of the victim's family or household
or any person specifically named in a protective order; (ii) the
stalking violates any protective order protecting the person
being stalked; (iii) the stalker has previously been convicted
of a gross misdemeanor or felony stalking offense under this
section for stalking another person; (iv) the stalker was armed
with a deadly weapon, as defined in RCW 9.94A.602, while
stalking the person; (v) the stalker's victim is or was a law
enforcement officer, judge, juror, attorney, victim advocate,
legislator, or community correction's officer, and the stalker
stalked the victim to retaliate against the victim for an act the
victim performed during the course of official duties or to
influence the victim's performance of official duties; or (vi)
the stalker's victim is a current, former, or prospective witness in an adjudicative proceeding, and the stalker stalked the
victim to retaliate against the victim as a result of the victim's
testimony or potential testimony.
(6) As used in this section:
(a) "Follows" means deliberately maintaining visual or
physical proximity to a specific person over a period of time.
A finding that the alleged stalker repeatedly and deliberately
appears at the person's home, school, place of employment,
business, or any other location to maintain visual or physical
proximity to the person is sufficient to find that the alleged
stalker follows the person. It is not necessary to establish that
the alleged stalker follows the person while in transit from
one location to another.
[2003 RCW Supp—page 89]
Chapter 9A.48
Title 9A RCW: Washington Criminal Code
(b) "Harasses" means unlawful harassment as defined in
RCW 10.14.020.
(c) "Protective order" means any temporary or permanent court order prohibiting or limiting violence against,
harassment of, contact or communication with, or physical
proximity to another person.
(d) "Repeatedly" means on two or more separate occasions. [2003 c 53 § 70. Prior: 1999 c 143 § 35; 1999 c 27 §
3; 1994 c 271 § 801; 1992 c 186 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Intent—1999 c 27: See note following RCW 9A.46.020.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Severability—1992 c 186: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1992 c 186 § 10.]
Chapter 9A.48
Chapter 9A.48 RCW
ARSON, RECKLESS BURNING, AND
MALICIOUS MISCHIEF
Sections
9A.48.090
Malicious mischief in the third degree. (Effective July 1,
2004.)
9A.48.090
9A.48.090 Malicious mischief in the third degree.
(Effective July 1, 2004.) (1) A person is guilty of malicious
mischief in the third degree if he or she:
(a) Knowingly and maliciously causes physical damage
to the property of another, under circumstances not amounting to malicious mischief in the first or second degree; or
(b) Writes, paints, or draws any inscription, figure, or
mark of any type on any public or private building or other
structure or any real or personal property owned by any other
person unless the person has obtained the express permission
of the owner or operator of the property, under circumstances
not amounting to malicious mischief in the first or second
degree.
(2)(a) Malicious mischief in the third degree under subsection (1)(a) of this section is a gross misdemeanor if the
damage to the property is in an amount exceeding fifty dollars.
(b) Malicious mischief in the third degree under subsection (1)(a) of this section is a misdemeanor if the damage to
the property is fifty dollars or less.
(c) Malicious mischief in the third degree under subsection (1)(b) of this section is a gross misdemeanor. [2003 c 53
§ 71; 1996 c 35 § 1; 1975 1st ex.s. c 260 § 9A.48.090.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 9A.56
Chapter 9A.56 RCW
THEFT AND ROBBERY
Sections
9A.56.070
9A.56.075
9A.56.080
9A.56.083
Taking motor vehicle without permission in the first degree.
(Effective July 1, 2004.)
Taking motor vehicle without permission in the second degree.
(Effective July 1, 2004.)
Theft of livestock in the first degree. (Effective July 1, 2004.)
Theft of livestock in the second degree. (Effective July 1,
2004.)
[2003 RCW Supp—page 90]
9A.56.085
9A.56.096
9A.56.280
9A.56.290
9A.56.320
9A.56.330
Minimum fine for theft of livestock. (Effective July 1, 2004.)
Theft of rental, leased, or lease-purchased property. (Effective
July 1, 2004.)
Credit, debit cards, checks, etc.—Definitions.
Credit, payment cards—Unlawful factoring of transactions.
Financial fraud—Unlawful possession, production of instruments of.
Possession of another's identification.
9A.56.070
9A.56.070 Taking motor vehicle without permission
in the first degree. (Effective July 1, 2004.) (1) A person is
guilty of taking a motor vehicle without permission in the
first degree if he or she, without the permission of the owner
or person entitled to possession, intentionally takes or drives
away an automobile or motor vehicle, whether propelled by
steam, electricity, or internal combustion engine, that is the
property of another, and he or she:
(a) Alters the motor vehicle for the purpose of changing
its appearance or primary identification, including obscuring,
removing, or changing the manufacturer's serial number or
the vehicle identification number plates;
(b) Removes, or participates in the removal of, parts
from the motor vehicle with the intent to sell the parts;
(c) Exports, or attempts to export, the motor vehicle
across state lines or out of the United States for profit;
(d) Intends to sell the motor vehicle; or
(e) Is engaged in a conspiracy and the central object of
the conspiratorial agreement is the theft of motor vehicles for
sale to others for profit.
(2) Taking a motor vehicle without permission in the
first degree is a class B felony. [2003 c 53 § 72; 2002 c 324
§ 1; 1975 1st ex.s. c 260 § 9A.56.070.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Study and report—2002 c 324: "The sentencing guidelines commission shall study the impact of the sentencing changes in this act upon the
incidence of the crime of taking a motor vehicle without permission. By
December 2004, the commission shall submit a report to the governor and
the legislature. The report shall address:
(1) Whether the creation of the crime of taking a motor vehicle without
permission in the first degree and the increased penalties for that new crime
have resulted in a reduction in the number of convictions for taking a motor
vehicle without permission in the first or second degree; and
(2) Whether there are other actions, either civil or criminal, that could
have the effect of further decreasing the incidence of these crimes, including
but not limited to: The revocation of driving privileges, double scoring of
prior convictions, or increasing penalties for juveniles." [2002 c 324 § 4.]
9A.56.075
9A.56.075 Taking motor vehicle without permission
in the second degree. (Effective July 1, 2004.) (1) A person
is guilty of taking a motor vehicle without permission in the
second degree if he or she, without the permission of the
owner or person entitled to possession, intentionally takes or
drives away any automobile or motor vehicle, whether propelled by steam, electricity, or internal combustion engine,
that is the property of another, or he or she voluntarily rides
in or upon the automobile or motor vehicle with knowledge
of the fact that the automobile or motor vehicle was unlawfully taken.
(2) Taking a motor vehicle without permission in the
second degree is a class C felony. [2003 c 53 § 73.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Theft and Robbery
9A.56.080
9A.56.080 Theft of livestock in the first degree.
(Effective July 1, 2004.) (1) Every person who, with intent
to sell or exchange and to deprive or defraud the lawful
owner thereof, willfully takes, leads, or transports away, conceals, withholds, slaughters, or otherwise appropriates any
horse, mule, cow, heifer, bull, steer, swine, or sheep is guilty
of theft of livestock in the first degree.
(2) Theft of livestock in the first degree is a class B felony. [2003 c 53 § 74; 1986 c 257 § 32; 1977 ex.s. c 174 § 2;
1975 1st ex.s. c 260 § 9A.56.080.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: See note following RCW
9.94A.030.
Action by owner of damaged or stolen livestock: RCW 4.24.320.
9A.56.083
9A.56.083 Theft of livestock in the second degree.
(Effective July 1, 2004.) (1) A person who commits what
would otherwise be theft of livestock in the first degree but
without intent to sell or exchange, and for the person's own
use only, is guilty of theft of livestock in the second degree.
(2) Theft of livestock in the second degree is a class C
felony. [2003 c 53 § 75.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9A.56.085
9A.56.085 Minimum fine for theft of livestock.
(Effective July 1, 2004.) (1) Whenever a person is convicted
of a violation of RCW 9A.56.080 or 9A.56.083, the convicting court shall order the person to pay the amount of two
thousand dollars for each animal killed or possessed.
(2) For the purpose of this section, the term "convicted"
includes a plea of guilty, a finding of guilt regardless of
whether the imposition of the sentence is deferred or any part
of the penalty is suspended, or the levying of a fine.
(3) If two or more persons are convicted of any violation
of this section, the amount required under this section shall be
imposed upon them jointly and severally.
(4) The fine in this section shall be imposed in addition
to and regardless of any penalty, including fines or costs, that
is provided for any violation of this section. The amount
imposed by this section shall be included by the court in any
pronouncement of sentence and may not be suspended,
waived, modified, or deferred in any respect. Nothing in this
section may be construed to abridge or alter alternative rights
of action or remedies in equity or under common law or statutory law, criminal or civil.
(5) A defaulted payment or any installment payment may
be collected by any means authorized by law for the enforcement of orders of the court or collection of a fine or costs,
including vacation of a deferral of sentencing or of a suspension of sentence.
(6) The two thousand dollars additional penalty shall be
remitted by the county treasurer to the state treasurer as provided under RCW 10.82.070. [2003 c 53 § 76; 1989 c 131 §
1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9A.56.280
9A.56.096
9A.56.096 Theft of rental, leased, or lease-purchased
property. (Effective July 1, 2004.) (1) A person who, with
intent to deprive the owner or owner's agent, wrongfully
obtains, or exerts unauthorized control over, or by color or
aid of deception gains control of personal property that is
rented or leased to the person, is guilty of theft of rental,
leased, or lease-purchased property.
(2) The finder of fact may presume intent to deprive if
the finder of fact finds either of the following:
(a) That the person who rented or leased the property
failed to return or make arrangements acceptable to the owner
of the property or the owner's agent to return the property to
the owner or the owner's agent within seventy-two hours after
receipt of proper notice following the due date of the rental,
lease, or lease-purchase agreement; or
(b) That the renter or lessee presented identification to
the owner or the owner's agent that was materially false, fictitious, or not current with respect to name, address, place of
employment, or other appropriate items.
(3) As used in subsection (2) of this section, "proper
notice" consists of a written demand by the owner or the
owner's agent made after the due date of the rental, lease, or
lease-purchase period, mailed by certified or registered mail
to the renter or lessee at: (a) The address the renter or lessee
gave when the contract was made; or (b) the renter or lessee's
last known address if later furnished in writing by the renter,
lessee, or the agent of the renter or lessee.
(4) The replacement value of the property obtained must
be utilized in determining the amount involved in the theft of
rental, leased, or lease-purchased property.
(5)(a) Theft of rental, leased, or lease-purchased property is a class B felony if the rental, leased, or lease-purchased property is valued at one thousand five hundred dollars or more.
(b) Theft of rental, leased, or lease-purchased property is
a class C felony if the rental, leased, or lease-purchased property is valued at two hundred fifty dollars or more but less
than one thousand five hundred dollars.
(c) Theft of rental, leased, or lease-purchased property is
a gross misdemeanor if the rental, leased, or lease-purchased
property is valued at less than two hundred fifty dollars.
(6) This section applies to rental agreements that provide
that the renter may return the property any time within the
rental period and pay only for the time the renter actually
retained the property, in addition to any minimum rental fee,
to lease agreements, and to lease-purchase agreements as
defined under RCW 63.19.010. This section does not apply
to rental or leasing of real property under the residential landlord-tenant act, chapter 59.18 RCW. [2003 c 53 § 77; 1997 c
346 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9A.56.280
9A.56.280 Credit, debit cards, checks, etc.—Definitions. As used in RCW 9A.56.280, 9A.56.290, 9A.60.020,
9A.56.320, and 9A.56.330, unless the context requires otherwise:
(1) "Cardholder" means a person to whom a credit card
or payment card is issued or a person who otherwise is authorized to use a credit card or payment card.
[2003 RCW Supp—page 91]
9A.56.290
Title 9A RCW: Washington Criminal Code
(2) "Check" means a negotiable instrument that meets
the definition of "check" under RCW 62A.3-104 or a blank
form instrument that would meet the definition of "check"
under RCW 62A.3-104 if it were completed and signed.
(3) "Credit card" means a card, plate, booklet, credit card
number, credit card account number, or other identifying
symbol, instrument, or device that can be used to pay for, or
to obtain on credit, goods or services.
(4) "Credit card or payment card transaction" means a
sale or other transaction in which a credit card or payment
card is used to pay for, or to obtain on credit, goods or services.
(5) "Credit card or payment card transaction record"
means a record or evidence of a credit card or payment card
transaction, including, without limitation, a paper, sales draft,
instrument, or other writing and an electronic or magnetic
transmission or record.
(6) "Debit card" means a card used to obtain goods or
services by a transaction that debits the cardholder's account,
rather than extending credit.
(7) "Financial information" means financial information
as defined in RCW 9.35.005.
(8) "Financial institution" means a bank, trust company,
mutual savings bank, savings and loan association, or credit
union authorized under state or federal law to do business and
accept deposits in Washington.
(9) "Means of identification" means means of identification as defined in RCW 9.35.005.
(10) "Merchant" means an owner or operator of any
retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent
contractor of such owner or operator. "Merchant" also means
a person who receives from an authorized user, a payment
card or information from a payment card, or what the person
believes to be a payment card or information from a payment
card, as the instrument for obtaining, purchasing, or receiving
goods, services, money, or anything else of value from the
person.
(11) "Payment card" means a credit card, charge card,
debit card, stored value card, or any card that is issued to an
authorized card user and that allows the user to obtain goods,
services, money, or anything else of value from a merchant.
(12) "Person" means an individual, partnership, corporation, trust, or unincorporated association, but does not include
a financial institution or its authorized employees, representatives, or agents.
(13) "Personal identification" means any driver's license,
passport, or identification card actually or purportedly issued
by any federal, state, local or foreign governmental entity;
any credit card or debit card; or any employee identification
card actually or purportedly issued by any employer, public
or private, including but not limited to a badge or identification or access card.
(14) "Reencoder" means an electronic device that places
encoded information from a payment card onto a different
payment card.
(15) "Scanning device" means a scanner, reader, or any
other electronic device that is used to access, read, scan,
obtain, memorize, or store, temporarily or permanently,
information encoded on a payment card. [2003 c 119 § 3;
2003 c 52 § 1; 1993 c 484 § 1.]
[2003 RCW Supp—page 92]
Reviser's note: This section was amended by 2003 c 52 § 1 and by
2003 c 119 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
9A.56.290
9A.56.290 Credit, payment cards—Unlawful factoring of transactions. (1) A person commits the crime of
unlawful factoring of a credit card or payment card transaction if the person:
(a) Uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information
encoded on a payment card without the permission of the
authorized user of the payment card or with the intent to
defraud the authorized user, another person, or a financial
institution;
(b) Uses a reencoder to place information encoded on a
payment card onto a different card without the permission of
the authorized issuer of the card from which the information
is being reencoded or with the intent to defraud the authorized user, another person, or a financial institution;
(c) Presents to or deposits with, or causes another to
present to or deposit with, a financial institution for payment
a credit card or payment card transaction record that is not the
result of a credit card or payment card transaction between
the cardholder and the person;
(d) Employs, solicits, or otherwise causes a merchant or
an employee, representative, or agent of a merchant to
present to or deposit with a financial institution for payment
a credit card or payment card transaction record that is not the
result of a credit card or payment card transaction between
the cardholder and the merchant; or
(e) Employs, solicits, or otherwise causes another to
become a merchant for purposes of engaging in conduct
made unlawful by this section.
(2) Normal transactions conducted by or through airline
reporting corporation-appointed travel agents or cruise-only
travel agents recognized by passenger cruise lines are not
considered factoring for the purposes of this section.
(3) In a proceeding under this section that is related to an
identity theft under RCW 9.35.020, the crime will be considered to have been committed in any locality where the person
whose means of identification or financial information was
appropriated resides, or in which any part of the offense took
place, regardless of whether the defendant was ever actually
in that locality.
(4)(a) Unlawful factoring of a credit card or payment
card transaction is a class C felony.
(b) A second or subsequent violation of subsection (1) of
this section is a class B felony. [2003 c 119 § 4; 2003 c 52 §
2; 1993 c 484 § 2.]
Reviser's note: This section was amended by 2003 c 52 § 2 and by
2003 c 119 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
9A.56.320
9A.56.320 Financial fraud—Unlawful possession,
production of instruments of. (1) A person is guilty of
unlawful production of payment instruments if he or she
prints or produces a check or other payment instrument in the
name of a person or entity, or with the routing number or
account number of a person or entity, without the permission
of the person or entity to manufacture or reproduce such pay-
Fraud
ment instrument with such name, routing number, or account
number.
(2)(a) A person is guilty of unlawful possession of payment instruments if he or she possesses two or more checks
or other payment instruments, alone or in combination:
(i) In the name of a person or entity, or with the routing
number or account number of a person or entity, without the
permission of the person or entity to possess such payment
instrument, and with intent either to deprive the person of
possession of such payment instrument or to commit theft,
forgery, or identity theft; or
(ii) In the name of a fictitious person or entity, or with a
fictitious routing number or account number of a person or
entity, with intent to use the payment instruments to commit
theft, forgery, or identity theft.
(b) (a)(i) of this subsection does not apply to:
(i) A person or financial institution that has lawful possession of a check, which is endorsed to that person or financial institution; and
(ii) A person or financial institution that processes
checks for a lawful business purpose.
(3) A person is guilty of unlawful possession of a personal identification device if the person possesses a personal
identification device with intent to use such device to commit
theft, forgery, or identity theft. "Personal identification
device" includes any machine or instrument whose purpose is
to manufacture or print any driver's license or identification
card issued by any state or the federal government, or any
employee identification issued by any employer, public or
private, including but not limited to badges and identification
cards, or any credit or debit card.
(4) A person is guilty of unlawful possession of fictitious
identification if the person possesses a personal identification
card with a fictitious person's identification with intent to use
such identification card to commit theft, forgery, or identity
theft, when the possession does not amount to a violation of
RCW 9.35.020.
(5) A person is guilty of unlawful possession of instruments of financial fraud if the person possesses a check-making machine, equipment, or software, with intent to use or
distribute checks for purposes of defrauding an account
holder, business, financial institution, or any other person or
organization.
(6) This section does not apply to:
(a) A person, business, or other entity, that has lawful
possession of a check, which is endorsed to that person, business, or other entity;
(b) A financial institution or other entity that processes
checks for a lawful business purpose;
(c) A person engaged in a lawful business who obtains
another person's personal identification in the ordinary
course of that lawful business;
(d) A person who obtains another person's personal identification for the sole purpose of misrepresenting his or her
age; and
(e) A law enforcement agency that produces or displays
counterfeit credit or debit cards, checks or other payment
instruments, or personal identification devices for investigative or educational purposes.
(7) In a proceeding under this section that is related to an
identity theft under RCW 9.35.020, the crime will be consid-
9A.60.020
ered to have been committed in any locality where the person
whose means of identification or financial information was
appropriated resides, or in which any part of the offense took
place, regardless of whether the defendant was ever actually
in that locality.
(8) A violation of this section is a class C felony. [2003
c 119 § 1.]
9A.56.330
9A.56.330 Possession of another's identification. (1)
A person is guilty of possession of another's identification if
the person knowingly possesses personal identification bearing another person's identity, when the person possessing the
personal identification does not have the other person's permission to possess it, and when the possession does not
amount to a violation of RCW 9.35.020.
(2) This section does not apply to:
(a) A person who obtains, by means other than theft,
another person's personal identification for the sole purpose
of misrepresenting his or her age;
(b) A person engaged in a lawful business who obtains
another person's personal identification in the ordinary
course of business;
(c) A person who finds another person's lost personal
identification, does not intend to deprive the other person of
the personal identification or to use it to commit a crime, and
takes reasonably prompt steps to return it to its owner; and
(d) A law enforcement agency that produces or displays
counterfeit credit or debit cards, checks or other payment
instruments, or personal identification for investigative or
educational purposes.
(3) In a proceeding under this section that is related to an
identity theft under RCW 9.35.020, the crime will be considered to have been committed in any locality where the person
whose means of identification or financial information was
appropriated resides, or in which any part of the offense took
place, regardless of whether the defendant was ever actually
in that locality.
(4) A violation of this section is a gross misdemeanor.
[2003 c 119 § 2.]
Chapter 9A.60
Chapter 9A.60 RCW
FRAUD
Sections
9A.60.020
9A.60.040
9A.60.045
9A.60.060
Forgery.
Criminal impersonation in the first degree. (Effective July 1,
2004.)
Criminal impersonation in the second degree. (Effective July
1, 2004.)
Fraudulent creation or revocation of a mental health advance
directive.
9A.60.020
9A.60.020 Forgery. (1) A person is guilty of forgery if,
with intent to injure or defraud:
(a) He falsely makes, completes, or alters a written
instrument or;
(b) He possesses, utters, offers, disposes of, or puts off as
true a written instrument which he knows to be forged.
(2) In a proceeding under this section that is related to an
identity theft under RCW 9.35.020, the crime will be considered to have been committed in any locality where the person
whose means of identification or financial information was
[2003 RCW Supp—page 93]
9A.60.040
Title 9A RCW: Washington Criminal Code
Chapter 9A.64
appropriated resides, or in which any part of the offense took
place, regardless of whether the defendant was ever actually
in that locality.
(3) Forgery is a class C felony. [2003 c 119 § 5; 1975'76 2nd ex.s. c 38 § 13; 1975 1st ex.s. c 260 § 9A.60.020.]
Effective date—Severability—1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.
9A.60.040
9A.60.040 Criminal impersonation in the first
degree. (Effective July 1, 2004.) (1) A person is guilty of
criminal impersonation in the first degree if the person:
(a) Assumes a false identity and does an act in his or her
assumed character with intent to defraud another or for any
other unlawful purpose; or
(b) Pretends to be a representative of some person or
organization or a public servant and does an act in his or her
pretended capacity with intent to defraud another or for any
other unlawful purpose.
(2) Criminal impersonation in the first degree is a gross
misdemeanor. [2003 c 53 § 78; 1993 c 457 § 1; 1975 1st ex.s.
c 260 § 9A.60.040.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9A.60.045
9A.60.045 Criminal impersonation in the second
degree. (Effective July 1, 2004.) (1) A person is guilty of
criminal impersonation in the second degree if the person:
(a) Claims to be a law enforcement officer or creates an
impression that he or she is a law enforcement officer; and
(b) Under circumstances not amounting to criminal
impersonation in the first degree, does an act with intent to
convey the impression that he or she is acting in an official
capacity and a reasonable person would believe the person is
a law enforcement officer.
(2) Criminal impersonation in the second degree is a
misdemeanor. [2003 c 53 § 79.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9A.60.060
9A.60.060 Fraudulent creation or revocation of a
mental health advance directive. (1) For purposes of this
section "mental health advance directive" means a written
document that is a "mental health advance directive" as
defined in RCW 71.32.020.
(2) A person is guilty of fraudulent creation or revocation of a mental health advance directive if he or she knowingly:
(a) Makes, completes, alters, or revokes the mental
health advance directive of another without the principal's
consent;
(b) Utters, offers, or puts off as true a mental health
advance directive that he or she knows to be forged; or
(c) Obtains or prevents the signature of a principal or
witness to a mental health advance directive by deception or
duress.
(3) Fraudulent creation or revocation of a mental health
advance directive is a class C felony. [2003 c 283 § 31.]
Severability—Part headings not law—2003 c 283: See RCW
71.32.900 and 71.32.901.
[2003 RCW Supp—page 94]
Chapter 9A.64 RCW
FAMILY OFFENSES
Sections
9A.64.020
9A.64.030
Incest. (Effective July 1, 2004.)
Child selling—Child buying. (Effective July 1, 2004.)
9A.64.020
9A.64.020 Incest. (Effective July 1, 2004.) (1)(a) A
person is guilty of incest in the first degree if he or she
engages in sexual intercourse with a person whom he or she
knows to be related to him or her, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of
either the whole or the half blood.
(b) Incest in the first degree is a class B felony.
(2)(a) A person is guilty of incest in the second degree if
he or she engages in sexual contact with a person whom he or
she knows to be related to him or her, either legitimately or
illegitimately, as an ancestor, descendant, brother, or sister of
either the whole or the half blood.
(b) Incest in the second degree is a class C felony.
(3) As used in this section:
(a) "Descendant" includes stepchildren and adopted children under eighteen years of age;
(b) "Sexual contact" has the same meaning as in RCW
9A.44.010; and
(c) "Sexual intercourse" has the same meaning as in
RCW 9A.44.010. [2003 c 53 § 80; 1999 c 143 § 39; 1985 c
53 § 1; 1982 c 129 § 3; 1975 1st ex.s. c 260 § 9A.64.020.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1982 c 129: See note following RCW 9A.04.080.
9A.64.030
9A.64.030 Child selling—Child buying. (Effective
July 1, 2004.) (1) It is unlawful for any person to sell or purchase a minor child.
(2) A transaction shall not be a purchase or sale under
subsection (1) of this section if any of the following exists:
(a) The transaction is between the parents of the minor
child; or
(b) The transaction is between a person receiving or to
receive the child and an agency recognized under RCW
26.33.020; or
(c) The transaction is between the person receiving or to
receive the child and a state agency or other governmental
agency; or
(d) The transaction is pursuant to chapter 26.34 RCW; or
(e) The transaction is pursuant to court order; or
(f) The only consideration paid by the person receiving
or to receive the child is intended to pay for the prenatal hospital or medical expenses involved in the birth of the child, or
attorneys' fees and court costs involved in effectuating transfer of child custody.
(3)(a) Child selling is a class C felony.
(b) Child buying is a class C felony. [2003 c 53 § 81;
1985 c 7 § 3; 1980 c 85 § 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1980 c 85: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1980 c 85 § 5.]
Obstructing Governmental Operation
Chapter 9A.76 RCW
OBSTRUCTING GOVERNMENTAL OPERATION
9A.82.010
Chapter 9A.76
Sections
9A.76.023
9A.76.070
9A.76.080
9A.76.200
Disarming a law enforcement or corrections officer. (Effective
July 1, 2004.)
Rendering criminal assistance in the first degree. (Effective
July 1, 2004.)
Rendering criminal assistance in the second degree. (Effective
July 1, 2004.)
Harming a police dog, accelerant detection dog, or police
horse.
9A.76.023
9A.76.023 Disarming a law enforcement or corrections officer. (Effective July 1, 2004.) (1) A person is guilty
of disarming a law enforcement officer if with intent to interfere with the performance of the officer's duties the person
knowingly removes a firearm or weapon from the person of a
law enforcement officer or corrections officer or deprives a
law enforcement officer or corrections officer of the use of a
firearm or weapon, when the officer is acting within the
scope of the officer's duties, does not consent to the removal,
and the person has reasonable cause to know or knows that
the individual is a law enforcement or corrections officer.
(2)(a) Except as provided in (b) of this subsection, disarming a law enforcement or corrections officer is a class C
felony.
(b) Disarming a law enforcement or corrections officer is
a class B felony if the firearm involved is discharged when
the person removes the firearm. [2003 c 53 § 82; 1998 c 252
§ 1.]
(b) Rendering criminal assistance in the second degree is
a misdemeanor if it is established by a preponderance of the
evidence that the actor is a relative as defined in RCW
9A.76.060. [2003 c 53 § 84; 1982 1st ex.s. c 47 § 22; 1975
1st ex.s. c 260 § 9A.76.080.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.
9A.76.200
9A.76.200 Harming a police dog, accelerant detection dog, or police horse. (1) A person is guilty of harming
a police dog, accelerant detection dog, or police horse, if he
or she maliciously injures, disables, shoots, or kills by any
means any dog or horse that the person knows or has reason
to know to be a police dog or accelerant detection dog, as
defined in RCW 4.24.410, or police horse, as defined in subsection (2) of this section, whether or not the dog or horse is
actually engaged in police or accelerant detection work at the
time of the injury.
(2) "Police horse" means any horse used or kept for use
by a law enforcement officer in discharging any legal duty or
power of his or her office.
(3) Harming a police dog, accelerant detection dog, or
police horse is a class C felony. [2003 c 269 § 1; 1993 c 180
§ 2; 1989 c 26 § 2; 1982 c 22 § 2.]
Chapter 9A.82
Chapter 9A.82 RCW
CRIMINAL PROFITEERING ACT
(Formerly: Racketeering)
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Sections
9A.76.070
9A.76.070 Rendering criminal assistance in the first
degree. (Effective July 1, 2004.) (1) A person is guilty of
rendering criminal assistance in the first degree if he or she
renders criminal assistance to a person who has committed or
is being sought for murder in the first degree or any class A
felony or equivalent juvenile offense.
(2)(a) Except as provided in (b) of this subsection, rendering criminal assistance in the first degree is a class C felony.
(b) Rendering criminal assistance in the first degree is a
gross misdemeanor if it is established by a preponderance of
the evidence that the actor is a relative as defined in RCW
9A.76.060. [2003 c 53 § 83; 1982 1st ex.s. c 47 § 21; 1975
1st ex.s. c 260 § 9A.76.070.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.
9A.76.080
9A.76.080 Rendering criminal assistance in the second degree. (Effective July 1, 2004.) (1) A person is guilty
of rendering criminal assistance in the second degree if he or
she renders criminal assistance to a person who has committed or is being sought for a class B or class C felony or an
equivalent juvenile offense or to someone being sought for
violation of parole, probation, or community supervision.
(2)(a) Except as provided in (b) of this subsection, rendering criminal assistance in the second degree is a gross misdemeanor.
9A.82.010
9A.82.010
9A.82.050
9A.82.055
9A.82.060
9A.82.080
9A.82.090
9A.82.100
9A.82.120
9A.82.160
Definitions. (Effective until July 1, 2004.)
Definitions. (Effective July 1, 2004.)
Trafficking in stolen property in the first degree. (Effective
July 1, 2004.)
Trafficking in stolen property in the second degree. (Effective
July 1, 2004.)
Leading organized crime. (Effective July 1, 2004.)
Use of proceeds of criminal profiteering—Controlling enterprise or realty—Conspiracy or attempt. (Effective July 1,
2004.)
Orders restraining criminal profiteering—When issued.
Remedies and procedures.
Criminal profiteering lien—Authority, procedures.
Criminal profiteering lien—Trustee's failure to comply, evasion of procedures or lien. (Effective July 1, 2004.)
9A.82.010
9A.82.010 Definitions. (Effective until July 1, 2004.)
Unless the context requires the contrary, the definitions in
this section apply throughout this chapter.
(1)(a) "Beneficial interest" means:
(i) The interest of a person as a beneficiary under a trust
established under Title 11 RCW in which the trustee for the
trust holds legal or record title to real property;
(ii) The interest of a person as a beneficiary under any
other trust arrangement under which a trustee holds legal or
record title to real property for the benefit of the beneficiary;
or
(iii) The interest of a person under any other form of
express fiduciary arrangement under which one person holds
legal or record title to real property for the benefit of the other
person.
[2003 RCW Supp—page 95]
9A.82.010
Title 9A RCW: Washington Criminal Code
(b) "Beneficial interest" does not include the interest of a
stockholder in a corporation or the interest of a partner in a
general partnership or limited partnership.
(c) A beneficial interest is considered to be located
where the real property owned by the trustee is located.
(2) "Control" means the possession of a sufficient interest to permit substantial direction over the affairs of an enterprise.
(3) "Creditor" means a person making an extension of
credit or a person claiming by, under, or through a person
making an extension of credit.
(4) "Criminal profiteering" means any act, including any
anticipatory or completed offense, committed for financial
gain, that is chargeable or indictable under the laws of the
state in which the act occurred and, if the act occurred in a
state other than this state, would be chargeable or indictable
under the laws of this state had the act occurred in this state
and punishable as a felony and by imprisonment for more
than one year, regardless of whether the act is charged or
indicted, as any of the following:
(a) Murder, as defined in RCW 9A.32.030 and
9A.32.050;
(b) Robbery, as defined in RCW 9A.56.200 and
9A.56.210;
(c) Kidnapping, as defined in RCW 9A.40.020 and
9A.40.030;
(d) Forgery, as defined in RCW 9A.60.020 and
9A.60.030;
(e) Theft, as defined in RCW 9A.56.030, 9A.56.040,
9A.56.060, and 9A.56.080;
(f) Unlawful sale of subscription television services, as
defined in RCW 9A.56.230;
(g) Theft of telecommunication services or unlawful
manufacture of a telecommunication device, as defined in
RCW 9A.56.262 and 9A.56.264;
(h) Child selling or child buying, as defined in RCW
9A.64.030;
(i) Bribery, as defined in RCW 9A.68.010, 9A.68.020,
9A.68.040, and 9A.68.050;
(j) Gambling, as defined in RCW 9.46.220 and 9.46.215
and 9.46.217;
(k) Extortion, as defined in RCW 9A.56.120 and
9A.56.130;
(l) Unlawful production of payment instruments, unlawful possession of payment instruments, unlawful possession
of a personal identification device, unlawful possession of
fictitious identification, or unlawful possession of instruments of financial fraud, as defined in RCW 9A.56.320;
(m) Extortionate extension of credit, as defined in RCW
9A.82.020;
(n) Advancing money for use in an extortionate extension of credit, as defined in RCW 9A.82.030;
(o) Collection of an extortionate extension of credit, as
defined in RCW 9A.82.040;
(p) Collection of an unlawful debt, as defined in RCW
9A.82.045;
(q) Delivery or manufacture of controlled substances or
possession with intent to deliver or manufacture controlled
substances under chapter 69.50 RCW;
(r) Trafficking in stolen property, as defined in RCW
9A.82.050;
[2003 RCW Supp—page 96]
(s) Leading organized crime, as defined in RCW
9A.82.060;
(t) Money laundering, as defined in RCW 9A.83.020;
(u) Obstructing criminal investigations or prosecutions
in violation of RCW 9A.72.090, 9A.72.100, 9A.72.110,
9A.72.120, 9A.72.130, 9A.76.070, or 9A.76.180;
(v) Fraud in the purchase or sale of securities, as defined
in RCW 21.20.010;
(w) Promoting pornography, as defined in RCW
9.68.140;
(x) Sexual exploitation of children, as defined in RCW
9.68A.040, 9.68A.050, and 9.68A.060;
(y) Promoting prostitution, as defined in RCW
9A.88.070 and 9A.88.080;
(z) Arson, as defined in RCW 9A.48.020 and 9A.48.030;
(aa) Assault, as defined in RCW 9A.36.011 and
9A.36.021;
(bb) Assault of a child, as defined in RCW 9A.36.120
and 9A.36.130;
(cc) A pattern of equity skimming, as defined in RCW
61.34.020;
(dd) Commercial telephone solicitation in violation of
RCW 19.158.040(1);
(ee) Trafficking in insurance claims, as defined in RCW
48.30A.015;
(ff) Unlawful practice of law, as defined in RCW
2.48.180;
(gg) Commercial bribery, as defined in RCW 9A.68.060;
(hh) Health care false claims, as defined in RCW
48.80.030;
(ii) Unlicensed practice of a profession or business, as
defined in RCW 18.130.190(7);
(jj) Improperly obtaining financial information, as
defined in RCW 9.35.010;
(kk) Identity theft, as defined in RCW 9.35.020;
(ll) Unlawful shipment of cigarettes in violation of RCW
70.155.105(6) (a) or (b); or
(mm) Unlawful shipment of cigarettes in violation of
RCW 82.24.110(2).
(5) "Dealer in property" means a person who buys and
sells property as a business.
(6) "Debtor" means a person to whom an extension of
credit is made or a person who guarantees the repayment of
an extension of credit or in any manner undertakes to indemnify the creditor against loss resulting from the failure of a
person to whom an extension is made to repay the same.
(7) "Documentary material" means any book, paper,
document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data
compilation from which information can be obtained or from
which information can be translated into usable form, or
other tangible item.
(8) "Enterprise" includes any individual, sole proprietorship, partnership, corporation, business trust, or other profit
or nonprofit legal entity, and includes any union, association,
or group of individuals associated in fact although not a legal
entity, and both illicit and licit enterprises and governmental
and nongovernmental entities.
(9) "Extortionate extension of credit" means an extension of credit with respect to which it is the understanding of
the creditor and the debtor at the time the extension is made
Criminal Profiteering Act
that delay in making repayment or failure to make repayment
could result in the use of violence or other criminal means to
cause harm to the person, reputation, or property of any person.
(10) "Extortionate means" means the use, or an express
or implicit threat of use, of violence or other criminal means
to cause harm to the person, reputation, or property of any
person.
(11) "Financial institution" means any bank, trust company, savings and loan association, savings bank, mutual savings bank, credit union, or loan company under the jurisdiction of the state or an agency of the United States.
(12) "Pattern of criminal profiteering activity" means
engaging in at least three acts of criminal profiteering, one of
which occurred after July 1, 1985, and the last of which
occurred within five years, excluding any period of imprisonment, after the commission of the earliest act of criminal
profiteering. In order to constitute a pattern, the three acts
must have the same or similar intent, results, accomplices,
principals, victims, or methods of commission, or be otherwise interrelated by distinguishing characteristics including a
nexus to the same enterprise, and must not be isolated events.
However, in any civil proceedings brought pursuant to RCW
9A.82.100 by any person other than the attorney general or
county prosecuting attorney in which one or more acts of
fraud in the purchase or sale of securities are asserted as acts
of criminal profiteering activity, it is a condition to civil liability under RCW 9A.82.100 that the defendant has been
convicted in a criminal proceeding of fraud in the purchase or
sale of securities under RCW 21.20.400 or under the laws of
another state or of the United States requiring the same elements of proof, but such conviction need not relate to any act
or acts asserted as acts of criminal profiteering activity in
such civil action under RCW 9A.82.100.
(13) "Real property" means any real property or interest
in real property, including but not limited to a land sale contract, lease, or mortgage of real property.
(14) "Records" means any book, paper, writing, record,
computer program, or other material.
(15) "Repayment of an extension of credit" means the
repayment, satisfaction, or discharge in whole or in part of a
debt or claim, acknowledged or disputed, valid or invalid,
resulting from or in connection with that extension of credit.
(16) "Stolen property" means property that has been
obtained by theft, robbery, or extortion.
(17) "To collect an extension of credit" means to induce
in any way a person to make repayment thereof.
(18) "To extend credit" means to make or renew a loan or
to enter into an agreement, tacit or express, whereby the
repayment or satisfaction of a debt or claim, whether
acknowledged or disputed, valid or invalid, and however
arising, may or shall be deferred.
(19) "Traffic" means to sell, transfer, distribute, dispense, or otherwise dispose of stolen property to another person, or to buy, receive, possess, or obtain control of stolen
property, with intent to sell, transfer, distribute, dispense, or
otherwise dispose of the property to another person.
(20)(a) "Trustee" means:
(i) A person acting as a trustee under a trust established
under Title 11 RCW in which the trustee holds legal or record
title to real property;
9A.82.010
(ii) A person who holds legal or record title to real property in which another person has a beneficial interest; or
(iii) A successor trustee to a person who is a trustee
under (a)(i) or (ii) of this subsection.
(b) "Trustee" does not mean a person appointed or acting
as:
(i) A personal representative under Title 11 RCW;
(ii) A trustee of any testamentary trust;
(iii) A trustee of any indenture of trust under which a
bond is issued; or
(iv) A trustee under a deed of trust.
(21) "Unlawful debt" means any money or other thing of
value constituting principal or interest of a debt that is legally
unenforceable in the state in full or in part because the debt
was incurred or contracted:
(a) In violation of any one of the following:
(i) Chapter 67.16 RCW relating to horse racing;
(ii) Chapter 9.46 RCW relating to gambling;
(b) In a gambling activity in violation of federal law; or
(c) In connection with the business of lending money or
a thing of value at a rate that is at least twice the permitted
rate under the applicable state or federal law relating to usury.
[2003 c 119 § 6; 2003 c 113 § 3. Prior: 2001 c 222 § 3; 2001
c 217 § 11; prior: 1999 c 143 § 40; prior: 1995 c 285 § 34;
1995 c 92 § 5; 1994 c 218 § 17; prior: 1992 c 210 § 6; 1992
c 145 § 13; 1989 c 20 § 17; 1988 c 33 § 5; 1986 c 78 § 1; 1985
c 455 § 2; 1984 c 270 § 1.]
Reviser's note: This section was amended by 2003 c 113 § 3 and by
2003 c 119 § 6, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
Captions not law—2001 c 217: See note following RCW 9.35.005.
Effective date—1995 c 285: See RCW 48.30A.900.
Effective date—1994 c 218: See note following RCW 9.46.010.
Severability—Effective date—1989 c 20: See RCW 19.158.900 and
19.158.901.
Effective date—1988 c 33 § 5: "Section 5 of this act shall take effect
July 1, 1988." [1988 c 33 § 8.]
Severability—1988 c 33: See RCW 61.34.900.
9A.82.010
9A.82.010 Definitions. (Effective July 1, 2004.)
Unless the context requires the contrary, the definitions in
this section apply throughout this chapter.
(1)(a) "Beneficial interest" means:
(i) The interest of a person as a beneficiary under a trust
established under Title 11 RCW in which the trustee for the
trust holds legal or record title to real property;
(ii) The interest of a person as a beneficiary under any
other trust arrangement under which a trustee holds legal or
record title to real property for the benefit of the beneficiary;
or
(iii) The interest of a person under any other form of
express fiduciary arrangement under which one person holds
legal or record title to real property for the benefit of the other
person.
(b) "Beneficial interest" does not include the interest of a
stockholder in a corporation or the interest of a partner in a
general partnership or limited partnership.
[2003 RCW Supp—page 97]
9A.82.010
Title 9A RCW: Washington Criminal Code
(c) A beneficial interest is considered to be located
where the real property owned by the trustee is located.
(2) "Control" means the possession of a sufficient interest to permit substantial direction over the affairs of an enterprise.
(3) "Creditor" means a person making an extension of
credit or a person claiming by, under, or through a person
making an extension of credit.
(4) "Criminal profiteering" means any act, including any
anticipatory or completed offense, committed for financial
gain, that is chargeable or indictable under the laws of the
state in which the act occurred and, if the act occurred in a
state other than this state, would be chargeable or indictable
under the laws of this state had the act occurred in this state
and punishable as a felony and by imprisonment for more
than one year, regardless of whether the act is charged or
indicted, as any of the following:
(a) Murder, as defined in RCW 9A.32.030 and
9A.32.050;
(b) Robbery, as defined in RCW 9A.56.200 and
9A.56.210;
(c) Kidnapping, as defined in RCW 9A.40.020 and
9A.40.030;
(d) Forgery, as defined in RCW 9A.60.020 and
9A.60.030;
(e) Theft, as defined in RCW 9A.56.030, 9A.56.040,
9A.56.060, 9A.56.080, and 9A.56.083;
(f) Unlawful sale of subscription television services, as
defined in RCW 9A.56.230;
(g) Theft of telecommunication services or unlawful
manufacture of a telecommunication device, as defined in
RCW 9A.56.262 and 9A.56.264;
(h) Child selling or child buying, as defined in RCW
9A.64.030;
(i) Bribery, as defined in RCW 9A.68.010, 9A.68.020,
9A.68.040, and 9A.68.050;
(j) Gambling, as defined in RCW 9.46.220 and 9.46.215
and 9.46.217;
(k) Extortion, as defined in RCW 9A.56.120 and
9A.56.130;
(l) Unlawful production of payment instruments, unlawful possession of payment instruments, unlawful possession
of a personal identification device, unlawful possession of
fictitious identification, or unlawful possession of instruments of financial fraud, as defined in RCW 9A.56.320;
(m) Extortionate extension of credit, as defined in RCW
9A.82.020;
(n) Advancing money for use in an extortionate extension of credit, as defined in RCW 9A.82.030;
(o) Collection of an extortionate extension of credit, as
defined in RCW 9A.82.040;
(p) Collection of an unlawful debt, as defined in RCW
9A.82.045;
(q) Delivery or manufacture of controlled substances or
possession with intent to deliver or manufacture controlled
substances under chapter 69.50 RCW;
(r) Trafficking in stolen property, as defined in RCW
9A.82.050;
(s) Leading organized crime, as defined in RCW
9A.82.060;
(t) Money laundering, as defined in RCW 9A.83.020;
[2003 RCW Supp—page 98]
(u) Obstructing criminal investigations or prosecutions
in violation of RCW 9A.72.090, 9A.72.100, 9A.72.110,
9A.72.120, 9A.72.130, 9A.76.070, or 9A.76.180;
(v) Fraud in the purchase or sale of securities, as defined
in RCW 21.20.010;
(w) Promoting pornography, as defined in RCW
9.68.140;
(x) Sexual exploitation of children, as defined in RCW
9.68A.040, 9.68A.050, and 9.68A.060;
(y) Promoting prostitution, as defined in RCW
9A.88.070 and 9A.88.080;
(z) Arson, as defined in RCW 9A.48.020 and 9A.48.030;
(aa) Assault, as defined in RCW 9A.36.011 and
9A.36.021;
(bb) Assault of a child, as defined in RCW 9A.36.120
and 9A.36.130;
(cc) A pattern of equity skimming, as defined in RCW
61.34.020;
(dd) Commercial telephone solicitation in violation of
RCW 19.158.040(1);
(ee) Trafficking in insurance claims, as defined in RCW
48.30A.015;
(ff) Unlawful practice of law, as defined in RCW
2.48.180;
(gg) Commercial bribery, as defined in RCW 9A.68.060;
(hh) Health care false claims, as defined in RCW
48.80.030;
(ii) Unlicensed practice of a profession or business, as
defined in RCW 18.130.190(7);
(jj) Improperly obtaining financial information, as
defined in RCW 9.35.010;
(kk) Identity theft, as defined in RCW 9.35.020;
(ll) Unlawful shipment of cigarettes in violation of RCW
70.155.105(6) (a) or (b); or
(mm) Unlawful shipment of cigarettes in violation of
RCW 82.24.110(2).
(5) "Dealer in property" means a person who buys and
sells property as a business.
(6) "Debtor" means a person to whom an extension of
credit is made or a person who guarantees the repayment of
an extension of credit or in any manner undertakes to indemnify the creditor against loss resulting from the failure of a
person to whom an extension is made to repay the same.
(7) "Documentary material" means any book, paper,
document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data
compilation from which information can be obtained or from
which information can be translated into usable form, or
other tangible item.
(8) "Enterprise" includes any individual, sole proprietorship, partnership, corporation, business trust, or other profit
or nonprofit legal entity, and includes any union, association,
or group of individuals associated in fact although not a legal
entity, and both illicit and licit enterprises and governmental
and nongovernmental entities.
(9) "Extortionate extension of credit" means an extension of credit with respect to which it is the understanding of
the creditor and the debtor at the time the extension is made
that delay in making repayment or failure to make repayment
could result in the use of violence or other criminal means to
Criminal Profiteering Act
cause harm to the person, reputation, or property of any person.
(10) "Extortionate means" means the use, or an express
or implicit threat of use, of violence or other criminal means
to cause harm to the person, reputation, or property of any
person.
(11) "Financial institution" means any bank, trust company, savings and loan association, savings bank, mutual savings bank, credit union, or loan company under the jurisdiction of the state or an agency of the United States.
(12) "Pattern of criminal profiteering activity" means
engaging in at least three acts of criminal profiteering, one of
which occurred after July 1, 1985, and the last of which
occurred within five years, excluding any period of imprisonment, after the commission of the earliest act of criminal
profiteering. In order to constitute a pattern, the three acts
must have the same or similar intent, results, accomplices,
principals, victims, or methods of commission, or be otherwise interrelated by distinguishing characteristics including a
nexus to the same enterprise, and must not be isolated events.
However, in any civil proceedings brought pursuant to RCW
9A.82.100 by any person other than the attorney general or
county prosecuting attorney in which one or more acts of
fraud in the purchase or sale of securities are asserted as acts
of criminal profiteering activity, it is a condition to civil liability under RCW 9A.82.100 that the defendant has been
convicted in a criminal proceeding of fraud in the purchase or
sale of securities under RCW 21.20.400 or under the laws of
another state or of the United States requiring the same elements of proof, but such conviction need not relate to any act
or acts asserted as acts of criminal profiteering activity in
such civil action under RCW 9A.82.100.
(13) "Real property" means any real property or interest
in real property, including but not limited to a land sale contract, lease, or mortgage of real property.
(14) "Records" means any book, paper, writing, record,
computer program, or other material.
(15) "Repayment of an extension of credit" means the
repayment, satisfaction, or discharge in whole or in part of a
debt or claim, acknowledged or disputed, valid or invalid,
resulting from or in connection with that extension of credit.
(16) "Stolen property" means property that has been
obtained by theft, robbery, or extortion.
(17) "To collect an extension of credit" means to induce
in any way a person to make repayment thereof.
(18) "To extend credit" means to make or renew a loan or
to enter into an agreement, tacit or express, whereby the
repayment or satisfaction of a debt or claim, whether
acknowledged or disputed, valid or invalid, and however
arising, may or shall be deferred.
(19) "Traffic" means to sell, transfer, distribute, dispense, or otherwise dispose of stolen property to another person, or to buy, receive, possess, or obtain control of stolen
property, with intent to sell, transfer, distribute, dispense, or
otherwise dispose of the property to another person.
(20)(a) "Trustee" means:
(i) A person acting as a trustee under a trust established
under Title 11 RCW in which the trustee holds legal or record
title to real property;
(ii) A person who holds legal or record title to real property in which another person has a beneficial interest; or
9A.82.055
(iii) A successor trustee to a person who is a trustee
under (a)(i) or (ii) of this subsection.
(b) "Trustee" does not mean a person appointed or acting
as:
(i) A personal representative under Title 11 RCW;
(ii) A trustee of any testamentary trust;
(iii) A trustee of any indenture of trust under which a
bond is issued; or
(iv) A trustee under a deed of trust.
(21) "Unlawful debt" means any money or other thing of
value constituting principal or interest of a debt that is legally
unenforceable in the state in full or in part because the debt
was incurred or contracted:
(a) In violation of any one of the following:
(i) Chapter 67.16 RCW relating to horse racing;
(ii) Chapter 9.46 RCW relating to gambling;
(b) In a gambling activity in violation of federal law; or
(c) In connection with the business of lending money or
a thing of value at a rate that is at least twice the permitted
rate under the applicable state or federal law relating to usury.
[2003 c 119 § 6; 2003 c 113 § 3; 2003 c 53 § 85. Prior: 2001
c 222 § 3; 2001 c 217 § 11; prior: 1999 c 143 § 40; prior:
1995 c 285 § 34; 1995 c 92 § 5; 1994 c 218 § 17; prior: 1992
c 210 § 6; 1992 c 145 § 13; 1989 c 20 § 17; 1988 c 33 § 5;
1986 c 78 § 1; 1985 c 455 § 2; 1984 c 270 § 1.]
Reviser's note: This section was amended by 2003 c 53 § 85, 2003 c
113 § 3, and by 2003 c 119 § 6, each without reference to the other. All
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
Captions not law—2001 c 217: See note following RCW 9.35.005.
Effective date—1995 c 285: See RCW 48.30A.900.
Effective date—1994 c 218: See note following RCW 9.46.010.
Severability—Effective date—1989 c 20: See RCW 19.158.900 and
19.158.901.
Effective date—1988 c 33 § 5: "Section 5 of this act shall take effect
July 1, 1988." [1988 c 33 § 8.]
Severability—1988 c 33: See RCW 61.34.900.
9A.82.050
9A.82.050 Trafficking in stolen property in the first
degree. (Effective July 1, 2004.) (1) A person who knowingly initiates, organizes, plans, finances, directs, manages,
or supervises the theft of property for sale to others, or who
knowingly traffics in stolen property, is guilty of trafficking
in stolen property in the first degree.
(2) Trafficking in stolen property in the first degree is a
class B felony. [2003 c 53 § 86; 2001 c 222 § 8. Prior: 1984
c 270 § 5.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.055
9A.82.055 Trafficking in stolen property in the second degree. (Effective July 1, 2004.) (1) A person who
recklessly traffics in stolen property is guilty of trafficking in
stolen property in the second degree.
(2) Trafficking in stolen property in the second degree is
a class C felony. [2003 c 53 § 87.]
[2003 RCW Supp—page 99]
9A.82.060
Title 9A RCW: Washington Criminal Code
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9A.82.060
9A.82.060 Leading organized crime. (Effective July
1, 2004.) (1) A person commits the offense of leading organized crime by:
(a) Intentionally organizing, managing, directing, supervising, or financing any three or more persons with the intent
to engage in a pattern of criminal profiteering activity; or
(b) Intentionally inciting or inducing others to engage in
violence or intimidation with the intent to further or promote
the accomplishment of a pattern of criminal profiteering
activity.
(2)(a) Leading organized crime as defined in subsection
(1)(a) of this section is a class A felony.
(b) Leading organized crime as defined in subsection
(1)(b) of this section is a class B felony. [2003 c 53 § 88;
2001 c 222 § 9. Prior: 1985 c 455 § 7; 1984 c 270 § 6.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.080
9A.82.080 Use of proceeds of criminal profiteering—
Controlling enterprise or realty—Conspiracy or attempt.
(Effective July 1, 2004.) (1)(a) It is unlawful for a person
who has knowingly received any of the proceeds derived,
directly or indirectly, from a pattern of criminal profiteering
activity to use or invest, whether directly or indirectly, any
part of the proceeds, or the proceeds derived from the investment or use thereof, in the acquisition of any title to, or any
right, interest, or equity in, real property or in the establishment or operation of any enterprise.
(b) A violation of this subsection is a class B felony.
(2)(a) It is unlawful for a person knowingly to acquire or
maintain, directly or indirectly, any interest in or control of
any enterprise or real property through a pattern of criminal
profiteering activity.
(b) A violation of this subsection is a class B felony.
(3)(a) It is unlawful for a person knowingly to conspire
or attempt to violate subsection (1) or (2) of this section.
(b) A violation of this subsection is a class C felony.
[2003 c 53 § 89; 2001 c 222 § 11. Prior: 1985 c 455 § 8; 1984
c 270 § 8.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.090
9A.82.090 Orders restraining criminal profiteering—When issued. During the pendency of any criminal
case charging a violation of RCW 9A.82.060 or 9A.82.080,
or an offense defined in RCW 9A.40.100, the superior court
may, in addition to its other powers, issue an order pursuant
to RCW 9A.82.100 (2) or (3). Upon conviction of a person
for a violation of RCW 9A.82.060 or 9A.82.080, or an
offense defined in RCW 9A.40.100, the superior court may,
in addition to its other powers of disposition, issue an order
pursuant to RCW 9A.82.100. [2003 c 267 § 5; 2001 c 222 §
13. Prior: 1985 c 455 § 10; 1984 c 270 § 9.]
[2003 RCW Supp—page 100]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.100
9A.82.100 Remedies and procedures. (1)(a) A person
who sustains injury to his or her person, business, or property
by an act of criminal profiteering that is part of a pattern of
criminal profiteering activity, or by an offense defined in
RCW 9A.40.100, or by a violation of RCW 9A.82.060 or
9A.82.080 may file an action in superior court for the recovery of damages and the costs of the suit, including reasonable
investigative and attorney's fees.
(b) The attorney general or county prosecuting attorney
may file an action: (i) On behalf of those persons injured or,
respectively, on behalf of the state or county if the entity has
sustained damages, or (ii) to prevent, restrain, or remedy a
pattern of criminal profiteering activity, or an offense defined
in RCW 9A.40.100, or a violation of RCW 9A.82.060 or
9A.82.080.
(c) An action for damages filed by or on behalf of an
injured person, the state, or the county shall be for the recovery of damages and the costs of the suit, including reasonable
investigative and attorney's fees.
(d) In an action filed to prevent, restrain, or remedy a pattern of criminal profiteering activity, or an offense defined in
RCW 9A.40.100, or a violation of RCW 9A.82.060 or
9A.82.080, the court, upon proof of the violation, may
impose a civil penalty not exceeding two hundred fifty thousand dollars, in addition to awarding the cost of the suit,
including reasonable investigative and attorney's fees.
(2) The superior court has jurisdiction to prevent,
restrain, and remedy a pattern of criminal profiteering, or an
offense defined in RCW 9A.40.100, or a violation of RCW
9A.82.060 or 9A.82.080 after making provision for the rights
of all innocent persons affected by the violation and after
hearing or trial, as appropriate, by issuing appropriate orders.
(3) Prior to a determination of liability, orders issued
under subsection (2) of this section may include, but are not
limited to, entering restraining orders or prohibitions or taking such other actions, including the acceptance of satisfactory performance bonds, in connection with any property or
other interest subject to damages, forfeiture, or other
restraints pursuant to this section as the court deems proper.
The orders may also include attachment, receivership, or
injunctive relief in regard to personal or real property pursuant to Title 7 RCW. In shaping the reach or scope of receivership, attachment, or injunctive relief, the superior court
shall provide for the protection of bona fide interests in property, including community property, of persons who were not
involved in the violation of this chapter, except to the extent
that such interests or property were acquired or used in such
a way as to be subject to forfeiture under RCW
9A.82.100(4)(f).
(4) Following a determination of liability, orders may
include, but are not limited to:
(a) Ordering any person to divest himself or herself of
any interest, direct or indirect, in any enterprise.
(b) Imposing reasonable restrictions on the future activities or investments of any person, including prohibiting any
person from engaging in the same type of endeavor as the
enterprise engaged in, the activities of which affect the laws
Criminal Profiteering Act
of this state, to the extent the Constitutions of the United
States and this state permit.
(c) Ordering dissolution or reorganization of any enterprise.
(d) Ordering the payment of actual damages sustained to
those persons injured by a violation of RCW 9A.82.060 or
9A.82.080, or an offense defined in RCW 9A.40.100, or an
act of criminal profiteering that is part of a pattern of criminal
profiteering, and in the court's discretion, increasing the payment to an amount not exceeding three times the actual damages sustained.
(e) Ordering the payment of all costs and expenses of the
prosecution and investigation of a pattern of criminal profiteering, or an offense defined in RCW 9A.40.100, activity or
a violation of RCW 9A.82.060 or 9A.82.080, civil and criminal, incurred by the state or county, including any costs of
defense provided at public expense, as appropriate to the state
general fund or the antiprofiteering revolving fund of the
county.
(f) Ordering forfeiture first as restitution to any person
damaged by an act of criminal profiteering that is part of a
pattern of criminal profiteering, or by an offense defined in
RCW 9A.40.100, then to the state general fund or antiprofiteering revolving fund of the county, as appropriate, to the
extent not already ordered to be paid in other damages, of the
following:
(i) Any property or other interest acquired or maintained
in violation of RCW 9A.82.060 or 9A.82.080 to the extent of
the investment of funds, and any appreciation or income
attributable to the investment, from a violation of RCW
9A.82.060 or 9A.82.080.
(ii) Any property, contractual right, or claim against
property used to influence any enterprise that a person has
established, operated, controlled, conducted, or participated
in the conduct of, in violation of RCW 9A.82.060 or
9A.82.080.
(iii) All proceeds traceable to or derived from an offense
included in the pattern of criminal profiteering activity, or an
offense defined in RCW 9A.40.100, and all moneys, negotiable instruments, securities, and other things of value significantly used or intended to be used significantly to facilitate
commission of the offense.
(g) Ordering payment to the state general fund or antiprofiteering revolving fund of the county, as appropriate, of
an amount equal to the gain a person has acquired or maintained through an offense included in the definition of criminal profiteering.
(5) In addition to or in lieu of an action under this section, the attorney general or county prosecuting attorney may
file an action for forfeiture to the state general fund or antiprofiteering revolving fund of the county, as appropriate, to
the extent not already ordered paid pursuant to this section, of
the following:
(a) Any interest acquired or maintained by a person in
violation of RCW 9A.82.060 or 9A.82.080 to the extent of
the investment of funds obtained from a violation of RCW
9A.82.060 or 9A.82.080 and any appreciation or income
attributable to the investment.
(b) Any property, contractual right, or claim against
property used to influence any enterprise that a person has
established, operated, controlled, conducted, or participated
9A.82.100
in the conduct of, in violation of RCW 9A.82.060 or
9A.82.080.
(c) All proceeds traceable to or derived from an offense
included in the pattern of criminal profiteering activity, or an
offense defined in RCW 9A.40.100, and all moneys, negotiable instruments, securities, and other things of value significantly used or intended to be used significantly to facilitate
the commission of the offense.
(6) A defendant convicted in any criminal proceeding is
precluded in any civil proceeding from denying the essential
allegations of the criminal offense proven in the criminal trial
in which the defendant was convicted. For the purposes of
this subsection, a conviction shall be deemed to have
occurred upon a verdict, finding, or plea of guilty, notwithstanding the fact that appellate review of the conviction and
sentence has been or may be sought. If a subsequent reversal
of the conviction occurs, any judgment that was based upon
that conviction may be reopened upon motion of the defendant.
(7) The initiation of civil proceedings under this section
shall be commenced within three years after discovery of the
pattern of criminal profiteering activity or after the pattern
should reasonably have been discovered or, in the case of an
offense that is defined in RCW 9A.40.100, within three years
after the final disposition of any criminal charges relating to
the offense, whichever is later.
(8) The attorney general or county prosecuting attorney
may, in a civil action brought pursuant to this section, file
with the clerk of the superior court a certificate stating that
the case is of special public importance. A copy of that certificate shall be furnished immediately by the clerk to the presiding chief judge of the superior court in which the action is
pending and, upon receipt of the copy, the judge shall immediately designate a judge to hear and determine the action.
The judge so designated shall promptly assign the action for
hearing, participate in the hearings and determination, and
cause the action to be expedited.
(9) The standard of proof in actions brought pursuant to
this section is the preponderance of the evidence test.
(10) A person other than the attorney general or county
prosecuting attorney who files an action under this section
shall serve notice and one copy of the pleading on the attorney general within thirty days after the action is filed with the
superior court. The notice shall identify the action, the person, and the person's attorney. Service of the notice does not
limit or otherwise affect the right of the state to maintain an
action under this section or intervene in a pending action nor
does it authorize the person to name the state or the attorney
general as a party to the action.
(11) Except in cases filed by a county prosecuting attorney, the attorney general may, upon timely application, intervene in any civil action or proceeding brought under this section if the attorney general certifies that in the attorney general's opinion the action is of special public importance.
Upon intervention, the attorney general may assert any available claim and is entitled to the same relief as if the attorney
general had instituted a separate action.
(12) In addition to the attorney general's right to intervene as a party in any action under this section, the attorney
general may appear as amicus curiae in any proceeding in
which a claim under this section has been asserted or in
[2003 RCW Supp—page 101]
9A.82.120
Title 9A RCW: Washington Criminal Code
Application—1989 c 271 §§ 101-111: See note following RCW
9.94A.510.
requested forfeiture to the state or county, a description of the
property or interests sought to be paid or forfeited;
(h) If known to the attorney general or county prosecuting attorney filing the lien, a description of property that is
subject to forfeiture to the state or property in which the
defendant has an interest that is available to satisfy a judgment entered in favor of the state; and
(i) Such other information as the attorney general or
county prosecuting attorney filing the lien deems appropriate.
(3) The attorney general or the county prosecuting attorney filing the lien may amend a lien filed under this section at
any time by filing an amended criminal profiteering lien in
accordance with this section that identifies the prior lien
amended.
(4) The attorney general or the county prosecuting attorney filing the lien shall, as soon as practical after filing a
criminal profiteering lien, furnish to any person named in the
lien a notice of the filing of the lien. Failure to furnish notice
under this subsection does not invalidate or otherwise affect a
criminal profiteering lien filed in accordance with this section.
(5)(a) A criminal profiteering lien is perfected against
interests in personal property in the same manner as a security interest in like property pursuant to RCW 62A.9A-301
through 62A.9A-316 or as otherwise required to perfect a
security interest in like property under applicable law. In the
case of perfection by filing, the state shall file, in lieu of a
financing statement in the form prescribed by RCW
62A.9A-502, a notice of lien in substantially the following
form:
Severability—1989 c 271: See note following RCW 9.94A.510.
NOTICE OF LIEN
which a court is interpreting RCW 9A.82.010, 9A.82.080,
9A.82.090, 9A.82.110, or 9A.82.120, or this section.
(13) A private civil action under this section does not
limit any other civil or criminal action under this chapter or
any other provision. Private civil remedies provided under
this section are supplemental and not mutually exclusive.
(14) Upon motion by the defendant, the court may authorize the sale or transfer of assets subject to an order or lien
authorized by this chapter for the purpose of paying actual
attorney's fees and costs of defense. The motion shall specify
the assets for which sale or transfer is sought and shall be
accompanied by the defendant's sworn statement that the
defendant has no other assets available for such purposes. No
order authorizing such sale or transfer may be entered unless
the court finds that the assets involved are not subject to possible forfeiture under RCW 9A.82.100(4)(f). Prior to disposition of the motion, the court shall notify the state of the
assets sought to be sold or transferred and shall hear argument on the issue of whether the assets are subject to forfeiture under RCW 9A.82.100(4)(f). Such a motion may be
made from time to time and shall be heard by the court on an
expedited basis.
(15) In an action brought under subsection (1)(a) and
(b)(i) of this section, either party has the right to a jury trial.
[2003 c 267 § 6; 2001 c 222 § 14. Prior: 1989 c 271 § 111;
1985 c 455 § 11; 1984 c 270 § 10.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.120
9A.82.120 Criminal profiteering lien—Authority,
procedures. (1) The state, upon filing a criminal action
under RCW 9A.82.060 or 9A.82.080 or for an offense
defined in RCW 9A.40.100, or a civil action under RCW
9A.82.100, may file in accordance with this section a criminal profiteering lien. A filing fee or other charge is not
required for filing a criminal profiteering lien.
(2) A criminal profiteering lien shall be signed by the
attorney general or the county prosecuting attorney representing the state in the action and shall set forth the following
information:
(a) The name of the defendant whose property or other
interests are to be subject to the lien;
(b) In the discretion of the attorney general or county
prosecuting attorney filing the lien, any aliases or fictitious
names of the defendant named in the lien;
(c) If known to the attorney general or county prosecuting attorney filing the lien, the present residence or principal
place of business of the person named in the lien;
(d) A reference to the proceeding pursuant to which the
lien is filed, including the name of the court, the title of the
action, and the court's file number for the proceeding;
(e) The name and address of the attorney representing
the state in the proceeding pursuant to which the lien is filed;
(f) A statement that the notice is being filed pursuant to
this section;
(g) The amount that the state claims in the action or, with
respect to property or other interests that the state has
[2003 RCW Supp—page 102]
Pursuant to RCW 9A.82.120, the state of Washington
claims a criminal profiteering lien on all real and personal
property of:
Name:
Address:
................
................
................
State of Washington
.......................
By (authorized signature)
On receipt of such a notice from the state, a filing officer
shall, without payment of filing fee, file and index the notice
as if it were a financing statement naming the state as secured
party and the defendant as debtor.
(b) A criminal profiteering lien is perfected against interests in real property by filing the lien in the office where a
mortgage on the real estate would be filed or recorded. The
filing officer shall file and index the criminal profiteering
lien, without payment of a filing fee, in the same manner as a
mortgage.
(6) The filing of a criminal profiteering lien in accordance with this section creates a lien in favor of the state in:
(a) Any interest of the defendant, in real property situated in the county in which the lien is filed, then maintained,
or thereafter acquired in the name of the defendant identified
in the lien;
(b) Any interest of the defendant, in personal property
situated in this state, then maintained or thereafter acquired in
the name of the defendant identified in the lien; and
Public Disturbance
(c) Any property identified in the lien to the extent of the
defendant's interest therein.
(7) The lien created in favor of the state in accordance
with this section, when filed or otherwise perfected as provided in subsection (5) of this section, has, with respect to
any of the property described in subsection (6) of this section,
the same priority determined pursuant to the laws of this state
as a mortgage or security interest given for value (but not a
purchase money security interest) and perfected in the same
manner with respect to such property; except that any lien
perfected pursuant to Title 60 RCW by any person who, in
the ordinary course of his or her business, furnishes labor,
services, or materials, or rents, leases, or otherwise supplies
equipment, without knowledge of the criminal profiteering
lien, is superior to the criminal profiteering lien.
(8) Upon entry of judgment in favor of the state, the state
may proceed to execute thereon as in the case of any other
judgment, except that in order to preserve the state's lien priority as provided in this section the state shall, in addition to
such other notice as is required by law, give at least thirty
days' notice of the execution to any person possessing at the
time the notice is given, an interest recorded subsequent to
the date the state's lien was perfected.
(9) Upon the entry of a final judgment in favor of the
state providing for forfeiture of property to the state, the title
of the state to the property:
(a) In the case of real property or a beneficial interest in
real property, relates back to the date of filing the criminal
profiteering lien or, if no criminal profiteering lien is filed,
then to the date of recording of the final judgment or the
abstract thereof; or
(b) In the case of personal property or a beneficial interest in personal property, relates back to the date the personal
property was seized by the state, or the date of filing of a
criminal profiteering lien in accordance with this section,
whichever is earlier, but if the property was not seized and no
criminal profiteering lien was filed then to the date the final
judgment was filed with the department of licensing and, if
the personal property is an aircraft, with the federal aviation
administration.
(10) This section does not limit the right of the state to
obtain any order or injunction, receivership, writ, attachment,
garnishment, or other remedy authorized under RCW
9A.82.100 or appropriate to protect the interests of the state
or available under other applicable law.
(11) In a civil or criminal action under this chapter, the
superior court shall provide for the protection of bona fide
interests in property, including community property, subject
to liens of persons who were not involved in the violation of
this chapter, except to the extent that such interests or property were acquired or used in such a way as to be subject to
forfeiture pursuant to RCW 9A.82.100(4)(f). [2003 c 267 §
7; 2001 c 222 § 16. Prior: 1985 c 455 § 13; 1984 c 270 § 12.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.160
9A.82.160 Criminal profiteering lien—Trustee's failure to comply, evasion of procedures or lien. (Effective
July 1, 2004.) (1) A trustee who knowingly fails to comply
with RCW 9A.82.130(1) is guilty of a gross misdemeanor.
9A.88.010
(2) A trustee who conveys title to real property after service of the notice as provided in RCW 9A.82.130(1) with the
intent to evade the provisions of RCW 9A.82.100 or
9A.82.120 with respect to such property is guilty of a class C
felony. [2003 c 53 § 90; 2001 c 222 § 20. Prior: 1985 c 455
§ 17; 1984 c 270 § 16.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
Chapter 9A.84
Chapter 9A.84 RCW
PUBLIC DISTURBANCE
Sections
9A.84.010
Riot. (Effective July 1, 2004.)
9A.84.010
9A.84.010 Riot. (Effective July 1, 2004.) (1) A person
is guilty of the crime of riot if, acting with three or more other
persons, he or she knowingly and unlawfully uses or threatens to use force, or in any way participates in the use of such
force, against any other person or against property.
(2)(a) Except as provided in (b) of this subsection, the
crime of riot is a gross misdemeanor.
(b) The crime of riot is a class C felony if the actor is
armed with a deadly weapon. [2003 c 53 § 91; 1975 1st ex.s.
c 260 § 9A.84.010.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 9A.88 RCW
INDECENT EXPOSURE—PROSTITUTION
Chapter 9A.88
(Formerly: Public indecency—Prostitution)
Sections
9A.88.010
Indecent exposure. (Effective July 1, 2004.)
9A.88.010
9A.88.010 Indecent exposure. (Effective July 1,
2004.) (1) A person is guilty of indecent exposure if he or she
intentionally makes any open and obscene exposure of his or
her person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm. The act of
breastfeeding or expressing breast milk is not indecent exposure.
(2)(a) Except as provided in (b) and (c) of this subsection, indecent exposure is a misdemeanor.
(b) Indecent exposure is a gross misdemeanor on the first
offense if the person exposes himself or herself to a person
under the age of fourteen years.
(c) Indecent exposure is a class C felony if the person has
previously been convicted under this section or of a sex
offense as defined in RCW 9.94A.030. [2003 c 53 § 92; 2001
c 88 § 2; 1990 c 3 § 904; 1987 c 277 § 1; 1975 1st ex.s. c 260
§ 9A.88.010.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Acknowledgment—Declaration—Findings—2001 c 88: See note
following RCW 43.70.640.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
[2003 RCW Supp—page 103]
Title 10
Title 10 RCW: Criminal Procedure
Title 10
Title 10
CRIMINAL PROCEDURE
Chapters
10.05
Deferred prosecution—Courts of limited jurisdiction.
10.58
Evidence.
10.66
Drug traffickers—Off-limits orders.
10.73
Criminal appeals.
10.79
Searches and seizures.
10.95
Capital punishment—Aggravated first degree
murder.
10.98
Criminal justice information act.
10.105
Property involved in a felony.
Chapter 10.05 RCW
DEFERRED PROSECUTION—COURTS OF
LIMITED JURISDICTION
Chapter 10.05
Sections
10.05.120
10.05.140
Dismissal of charges.
Conditions of granting.
10.05.120
10.05.120 Dismissal of charges. (1) Three years after
receiving proof of successful completion of the two-year
treatment program, and following proof to the court that the
petitioner has complied with the conditions imposed by the
court following successful completion of the two-year treatment program, but not before five years following entry of
the order of deferred prosecution pursuant to a petition
brought under RCW 10.05.020(1), the court shall dismiss the
charges pending against the petitioner.
(2) When a deferred prosecution is ordered pursuant to a
petition brought under RCW 10.05.020(2) and the court has
received proof that the petitioner has successfully completed
the child welfare service plan, or the plan has been terminated
because the alleged victim has reached his or her majority
and there are no other minor children in the home, the court
shall dismiss the charges pending against the petitioner:
PROVIDED, That in any case where the petitioner's parental
rights have been terminated with regard to the alleged victim
due to abuse or neglect that occurred during the pendency of
the deferred prosecution, the termination shall be per se evidence that the petitioner did not successfully complete the
child welfare service plan. [2003 c 220 § 1; 2002 c 219 § 14;
1998 c 208 § 3; 1994 c 275 § 19; 1985 c 352 § 15; 1983 c 165
§ 45; 1975 1st ex.s. c 244 § 12.]
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Effective date—1998 c 208: See note following RCW 10.05.010.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
10.05.140
10.05.140 Conditions of granting. As a condition of
granting a deferred prosecution petition, the court shall order
that the petitioner shall not operate a motor vehicle upon the
public highways without a valid operator's license and proof
of liability insurance. The amount of liability insurance shall
[2003 RCW Supp—page 104]
be established by the court at not less than that established by
RCW 46.29.490. As a condition of granting a deferred prosecution petition, the court shall also order the installation of
an interlock or other device under RCW 46.20.720 for a petitioner who has previously been convicted of a violation of
RCW 46.61.502 or 46.61.504 or an equivalent local ordinance or a petitioner who has been charged with such an
offense and had an alcohol concentration of at least .15, or by
reason of the person's refusal to take a test offered pursuant to
RCW 46.20.308 there is no test result indicating the person's
alcohol concentration. For any other petitioner, the court
may order the installation of an interlock device under RCW
46.20.720(1) as a condition of granting a deferred prosecution petition. As a condition of granting a deferred prosecution petition, the court may order the petitioner to make restitution and to pay costs as defined in RCW 10.01.160. To
help ensure continued sobriety and reduce the likelihood of
reoffense, the court may order reasonable conditions during
the period of the deferred prosecution including, but not limited to, attendance at self-help recovery support groups for
alcoholism or drugs, complete abstinence from alcohol and
all nonprescribed mind-altering drugs, periodic urinalysis or
breath analysis, and maintaining law-abiding behavior. The
court may terminate the deferred prosecution program upon
violation of the deferred prosecution order. [2003 c 220 § 2;
1999 c 331 § 4; 1997 c 229 § 2; 1991 c 247 § 1; 1985 c 352 §
16.]
Effective date—1999 c 331: See note following RCW 9.94A.525.
Effective date—1997 c 229: See note following RCW 10.05.090.
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
Chapter 10.58
Chapter 10.58 RCW
EVIDENCE
Sections
10.58.035
10.58.035
Statement of defendant—Admissibility.
10.58.035 Statement of defendant—Admissibility.
(1) In criminal and juvenile offense proceedings where independent proof of the corpus delicti is absent, and the alleged
victim of the crime is dead or incompetent to testify, a lawfully obtained and otherwise admissible confession, admission, or other statement of the defendant shall be admissible
into evidence if there is substantial independent evidence that
would tend to establish the trustworthiness of the confession,
admission, or other statement of the defendant.
(2) In determining whether there is substantial independent evidence that the confession, admission, or other statement of the defendant is trustworthy, the court shall consider,
but is not limited to:
(a) Whether there is any evidence corroborating or contradicting the facts set out in the statement, including the elements of the offense;
(b) The character of the witness reporting the statement
and the number of witnesses to the statement;
(c) Whether a record of the statement was made and the
timing of the making of the record in relation to the making
of the statement; and/or
(d) The relationship between the witness and the defendant.
Drug Traffickers—Off-Limits Orders
(3) Where the court finds that the confession, admission,
or other statement of the defendant is sufficiently trustworthy
to be admitted, the court shall issue a written order setting
forth the rationale for admission.
(4) Nothing in this section may be construed to prevent
the defendant from arguing to the jury or judge in a bench
trial that the statement is not trustworthy or that the evidence
is otherwise insufficient to convict. [2003 c 179 § 1.]
Chapter 10.66 RCW
DRUG TRAFFICKERS—OFF-LIMITS ORDERS
Chapter 10.66
Sections
10.66.090
Penalties. (Effective July 1, 2004.)
10.66.090
10.66.090 Penalties. (Effective July 1, 2004.) (1) A
person who willfully disobeys an off-limits order issued
under this chapter is guilty of a gross misdemeanor.
(2) A person is guilty of a class C felony punishable
according to chapter 9A.20 RCW if the person willfully disobeys an off-limits order in violation of the terms of the order
and also either:
(a) Enters or remains in a PADT area that is within one
thousand feet of any school; or
(b) Is convicted of a second or subsequent violation of
this chapter. [2003 c 53 § 93; 1989 c 271 § 223.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 10.73
Chapter 10.73 RCW
CRIMINAL APPEALS
Sections
10.73.170
DNA testing requests.
10.79.015
request within thirty days of denial of the request by the prosecutor. The appeal shall be to the attorney general's office. If
the attorney general's office determines that it is likely that
the DNA testing would demonstrate innocence on a more
probable than not basis, then the attorney general's office
shall request DNA testing by the Washington state patrol
crime laboratory.
(4) Notwithstanding any other provision of law, any biological material that has been secured in connection with a
criminal case prior to July 22, 2001, may not be destroyed
before January 1, 2005. [2003 c 100 § 1; 2001 c 301 § 1;
2000 c 92 § 1.]
Construction—2001 c 301: "Nothing in this act may be construed to
create a new or additional cause of action in any court. Nothing in this act
shall be construed to limit any rights offenders might otherwise have to court
access under any other statutory or constitutional provision." [2001 c 301 §
2.]
Report on DNA testing—2000 c 92: "By December 1, 2001, the office
of public defense shall prepare a report detailing the following: (1) The number of postconviction DNA test requests approved by the respective prosecutor; (2) the number of postconviction DNA test requests denied by the
respective prosecutor and a summary of the basis for the denials; (3) the
number of appeals for postconviction DNA testing approved by the attorney
general's office; (4) the number of appeals for postconviction DNA testing
denied by the attorney general's office and a summary of the basis for the
denials; and (5) a summary of the results of the postconviction DNA tests
conducted pursuant to RCW 10.73.170 (2) and (3). The report shall also provide an estimate of the number of persons convicted of crimes where DNA
evidence was not admitted because the court ruled DNA testing did not meet
acceptable scientific standards or where DNA testing technology was not
sufficiently developed to test the DNA evidence in the case." [2000 c 92 §
2.]
Intent—2000 c 92: "Nothing in chapter 92, Laws of 2000 is intended
to create a legal right or cause of action. Nothing in chapter 92, Laws of
2000 is intended to deny or alter any existing legal right or cause of action.
Nothing in chapter 92, Laws of 2000 should be interpreted to deny postconviction DNA testing requests under existing law by convicted and incarcerated persons who were sentenced to confinement for a term less than life or
the death penalty." [2000 c 92 § 4.]
10.73.170
10.73.170 DNA testing requests. (1) On or before
December 31, 2004, a person in this state who has been convicted of a felony and is currently serving a term of imprisonment and who has been denied postconviction DNA testing
may submit a request to the state Office of Public Defense,
which will transmit the request to the county prosecutor in the
county where the conviction was obtained for postconviction
DNA testing, if DNA evidence was not admitted because the
court ruled DNA testing did not meet acceptable scientific
standards or DNA testing technology was not sufficiently
developed to test the DNA evidence in the case. On and after
January 1, 2005, a person must raise the DNA issues at trial
or on appeal.
(2) The prosecutor shall screen the request. The request
shall be reviewed based upon the likelihood that the DNA
evidence would demonstrate innocence on a more probable
than not basis. The prosecutor shall inform the requestor and
the state Office of Public Defense of the decision, and shall,
in the case of an adverse decision, advise the requestor of
appeals rights. Upon determining that testing should occur
and the evidence still exists, the prosecutor shall request
DNA testing by the Washington state patrol crime laboratory.
Contact with victims shall be handled through victim/witness
divisions.
(3) A person denied a request made pursuant to subsections (1) and (2) of this section has a right to appeal his or her
Chapter 10.79
Chapter 10.79 RCW
SEARCHES AND SEIZURES
Sections
10.79.015
10.79.040
10.79.045
Other grounds for issuance of search warrant. (Effective July
1, 2004.)
Search without warrant unlawful—Penalty. (Effective July 1,
2004.)
Repealed. (Effective July 1, 2004.)
10.79.015
10.79.015 Other grounds for issuance of search warrant. (Effective July 1, 2004.) Any such magistrate, when
satisfied that there is reasonable cause, may also, upon like
complaint made on oath, issue search warrant in the following cases, to wit:
(1) To search for and seize any counterfeit or spurious
coin, or forged instruments, or tools, machines or materials,
prepared or provided for making either of them.
(2) To search for and seize any gaming apparatus used or
kept, and to be used in any unlawful gaming house, or in any
building, apartment or place, resorted to for the purpose of
unlawful gaming.
(3) To search for and seize any evidence material to the
investigation or prosecution of any homicide or any felony:
PROVIDED, That if the evidence is sought to be secured
from any radio or television station or from any regularly
[2003 RCW Supp—page 105]
10.79.040
Title 10 RCW: Criminal Procedure
published newspaper, magazine or wire service, or from any
employee of such station, wire service or publication, the evidence shall be secured only through a subpoena duces tecum
unless: (a) There is probable cause to believe that the person
or persons in possession of the evidence may be involved in
the crime under investigation; or (b) there is probable cause
to believe that the evidence sought to be seized will be
destroyed or hidden if subpoena duces tecum procedures are
followed. As used in this subsection, "person or persons"
includes both natural and judicial persons.
(4) To search for and seize any instrument, apparatus or
device used to obtain telephone or telegraph service in violation of RCW 9.26A.110 or 9.26A.115. [2003 c 53 § 94; 1980
c 52 § 1; 1972 ex.s. c 75 § 2; 1969 c 83 § 1; 1949 c 86 § 1;
Code 1881 § 986; 1873 p 216 § 154; 1854 p 101 § 2; Rem.
Supp. 1949 § 2238. Formerly RCW 10.79.010, part.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
10.79.040
10.79.040 Search without warrant unlawful—Penalty. (Effective July 1, 2004.) (1) It shall be unlawful for any
policeman or other peace officer to enter and search any private dwelling house or place of residence without the authority of a search warrant issued upon a complaint as by law provided.
(2) Any policeman or other peace officer violating the
provisions of this section is guilty of a gross misdemeanor.
[2003 c 53 § 95; 1921 c 71 § 1; RRS § 2240-1. FORMER
PART OF SECTION: 1921 c 71 § 2; RRS § 2240-2, now
codified as RCW 10.79.045.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
10.79.045
10.79.045 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 10.95
Chapter 10.95 RCW
CAPITAL PUNISHMENT—AGGRAVATED FIRST
DEGREE MURDER
Sections
10.95.020
Definition. (Effective July 1, 2004.)
10.95.020
10.95.020 Definition. (Effective July 1, 2004.) A person is guilty of aggravated first degree murder, a class A felony, if he or she commits first degree murder as defined by
RCW 9A.32.030(1)(a), as now or hereafter amended, and one
or more of the following aggravating circumstances exist:
(1) The victim was a law enforcement officer, corrections officer, or fire fighter who was performing his or her
official duties at the time of the act resulting in death and the
victim was known or reasonably should have been known by
the person to be such at the time of the killing;
(2) At the time of the act resulting in the death, the person was serving a term of imprisonment, had escaped, or was
on authorized or unauthorized leave in or from a state facility
or program for the incarceration or treatment of persons adjudicated guilty of crimes;
[2003 RCW Supp—page 106]
(3) At the time of the act resulting in death, the person
was in custody in a county or county-city jail as a consequence of having been adjudicated guilty of a felony;
(4) The person committed the murder pursuant to an
agreement that he or she would receive money or any other
thing of value for committing the murder;
(5) The person solicited another person to commit the
murder and had paid or had agreed to pay money or any other
thing of value for committing the murder;
(6) The person committed the murder to obtain or maintain his or her membership or to advance his or her position
in the hierarchy of an organization, association, or identifiable group;
(7) The murder was committed during the course of or as
a result of a shooting where the discharge of the firearm, as
defined in RCW 9.41.010, is either from a motor vehicle or
from the immediate area of a motor vehicle that was used to
transport the shooter or the firearm, or both, to the scene of
the discharge;
(8) The victim was:
(a) A judge; juror or former juror; prospective, current,
or former witness in an adjudicative proceeding; prosecuting
attorney; deputy prosecuting attorney; defense attorney; a
member of the indeterminate sentence review board; or a probation or parole officer; and
(b) The murder was related to the exercise of official
duties performed or to be performed by the victim;
(9) The person committed the murder to conceal the
commission of a crime or to protect or conceal the identity of
any person committing a crime, including, but specifically
not limited to, any attempt to avoid prosecution as a persistent offender as defined in RCW 9.94A.030;
(10) There was more than one victim and the murders
were part of a common scheme or plan or the result of a single act of the person;
(11) The murder was committed in the course of, in furtherance of, or in immediate flight from one of the following
crimes:
(a) Robbery in the first or second degree;
(b) Rape in the first or second degree;
(c) Burglary in the first or second degree or residential
burglary;
(d) Kidnapping in the first degree; or
(e) Arson in the first degree;
(12) The victim was regularly employed or selfemployed as a newsreporter and the murder was committed
to obstruct or hinder the investigative, research, or reporting
activities of the victim;
(13) At the time the person committed the murder, there
existed a court order, issued in this or any other state, which
prohibited the person from either contacting the victim,
molesting the victim, or disturbing the peace of the victim,
and the person had knowledge of the existence of that order;
(14) At the time the person committed the murder, the
person and the victim were "family or household members"
as that term is defined in RCW 10.99.020(1), and the person
had previously engaged in a pattern or practice of three or
more of the following crimes committed upon the victim
within a five-year period, regardless of whether a conviction
resulted:
(a) Harassment as defined in RCW 9A.46.020; or
Criminal Justice Information Act
(b) Any criminal assault. [2003 c 53 § 96; 1998 c 305 §
1. Prior: 1995 c 129 § 17 (Initiative Measure No. 159); 1994
c 121 § 3; 1981 c 138 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Chapter 10.98 RCW
CRIMINAL JUSTICE INFORMATION ACT
Chapter 10.98
Sections
10.98.160
10.98.200
10.98.210
10.98.220
10.98.230
10.98.240
Procedures, development considerations—Washington integrated justice information board, review and recommendations.
Findings—Intent.
Washington integrated justice information board—Members.
Washington integrated justice information board—Meetings.
Washington integrated justice information board—Powers and
duties.
Washington integrated justice information board—Report.
10.98.160
10.98.160 Procedures, development considerations—
Washington integrated justice information board, review
and recommendations. In the development and modification of the procedures, definitions, and reporting capabilities
of the section, the department, the office of financial management, and the responsible agencies and persons shall consider
the needs of other criminal justice agencies such as the
administrator for the courts, local law enforcement agencies,
local jails, the sentencing guidelines commission, the indeterminate sentence review board, the clemency board, prosecuting attorneys, and affected state agencies such as the office of
financial management and legislative committees dealing
with criminal justice issues. The Washington integrated justice information board shall review and provide recommendations to state justice agencies and the courts for development and modification of the statewide justice information
network. [2003 c 104 § 2; 1999 c 143 § 53; 1987 c 462 § 5;
1984 c 17 § 16.]
Effective dates—1987 c 462: See note following RCW 13.04.116.
10.98.200
10.98.200 Findings—Intent. (1) The legislature finds
that each of the state's justice agencies and the courts have
developed independent information systems to address independent management and planning needs, that the state's justice information system is fragmented, and that access to
complete, accurate, and timely justice information is difficult
and inefficient.
(2) The legislature declares that the purpose of chapter
104, Laws of 2003 is to develop and maintain, in a cost-effective manner, a statewide network of criminal justice information that enables sharing and integrated delivery of justice
information maintained in the state's independent information systems and that will:
(a) Maximize standardization of data and communications technology among law enforcement agencies, jails,
prosecuting attorneys, the courts, corrections, and licensing;
(b) Reduce redundant data collection and input efforts;
(c) Reduce or eliminate paper-based information
exchanges;
(d) Improve work flow within the criminal justice system;
10.98.210
(e) Provide complete, accurate, and timely information
to criminal justice agencies and courts in a single computer
session; and
(f) Maintain security and privacy rights respecting criminal justice information.
(3) Statewide coordination of criminal justice information will improve:
(a) The safety of the public and the safety of law enforcement officers and other public servants, by making more
complete, accurate, and timely information concerning
offenders available to all criminal justice agencies and courts;
(b) Decision making, by increasing the availability of
statistical measures for review, evaluation, and promulgation
of public policy; and
(c) Access to complete, accurate, and timely information
by the public, to the extent permitted pursuant to chapters
10.97 and 42.17 RCW.
(4) The legislature encourages state and local criminal
justice agencies and courts to collaborate in the development
of justice information systems, as criminal justice agencies
and courts collect the most complete, accurate, and timely
information regarding offenders.
(5) The legislature finds that the implementation, operation, and continuing enhancement of a statewide justice information network that enables sharing and integrated delivery
of information maintained in the state's independent information systems is critical to the complete, accurate, and timely
performance of criminal background checks and to the effective communications between and among law enforcement,
the courts, executive agencies, and political subdivisions of
the state. The legislature further finds and declares that it is
in the best interests of the citizens of the state and for the
enhancement of public safety that the Washington integrated
justice information board be created as soon as possible.
(6) The legislature finds that the intent, purpose, and
goals of chapter 104, Laws of 2003 will be implemented most
effectively by a board having the power, authority, and
responsibility to develop, maintain, and enhance a statewide
justice information network that enables sharing and integrated delivery of justice information maintained in the
state's independent information systems. [2003 c 104 § 1.]
10.98.210
10.98.210 Washington integrated justice information
board—Members. (1) There is created the Washington
integrated justice information board. The board shall be
composed of the following members:
(a) A representative appointed by the governor;
(b) The attorney general;
(c) The chief of the state patrol;
(d) The secretary of the department of corrections;
(e) The director of the department of licensing;
(f) The administrator for the courts;
(g) The director of the office of financial management;
(h) The director of the department of information services;
(i) The assistant secretary of the department of social and
health services responsible for juvenile rehabilitation programs;
(j) A sheriff appointed by the Washington association of
sheriffs and police chiefs;
[2003 RCW Supp—page 107]
10.98.220
Title 10 RCW: Criminal Procedure
(k) A police chief appointed by the Washington association of sheriffs and police chiefs;
(l) A county legislative authority member appointed by
the Washington state association of counties;
(m) An elected county clerk appointed by the Washington association of county clerks;
(n) A representative appointed by the Washington association of city and county information systems;
(o) Two representatives appointed by the judicial information system committee;
(p) A representative appointed by the association of
Washington cities; and
(q) An elected prosecutor appointed by the Washington
association of prosecuting attorneys.
These members shall constitute the membership of the
board with full voting rights and shall serve at the pleasure of
the appointing authority. Each member may, in writing,
appoint a designee to serve in the member's absence. Any
member of the board shall immediately cease to be a member
if he or she ceases to hold the particular office or employment
that was the basis of the appointment. Vacancies shall be
filled in the same manner that the original appointments were
made to the board.
(2) The board may appoint additional justice information
stakeholders as nonvoting members to the board.
(3) In making the appointments, the appointing authorities shall endeavor to assure that there is committed board
membership having expertise relating to state and local criminal justice business practices and to information sharing and
integration technology. [2003 c 104 § 3.]
10.98.220
10.98.220 Washington integrated justice information
board—Meetings. The board shall elect a chair and vicechair from among its voting members. Nine voting members
of the board shall constitute a quorum. Meetings may be
called by the chair or upon the written request of three members of the board. Meeting participation may be by means of
conference call or any other communication equipment that
allows all persons participating in the meeting to speak and
hear all participants. [2003 c 104 § 4.]
10.98.230
10.98.230 Washington integrated justice information
board—Powers and duties. (1) The board shall have the
following powers and duties related to integration of justice
information:
(a) Meet at such times and places as may be designated
by the chair or by three voting members of the board;
(b) Adopt its own bylaws, and such other rules governing
the board and the conduct of its meetings as the board may
deem reasonable or convenient;
(c) Coordinate and facilitate the governance, implementation, operation, maintenance, and enhancement of sharing
and integrated delivery of complete, accurate, and timely justice information;
(d) Increase the use of automated electronic data transfer
among state justice agencies, local justice agencies, and
courts;
(e) Establish and implement uniform data standards and
protocols for data transfer and sharing, interface applications,
and connectivity standards;
[2003 RCW Supp—page 108]
(f) Provide state agency and court justice information to
criminal justice agencies and courts through connections and
applications that enable single session access from multiple
platforms;
(g) Pursue, develop, and coordinate grants and other
funding opportunities for state and local justice information
projects that will expand or enhance the sharing and integrated delivery of statewide justice information;
(h) Assess state and local agencies' projects and plans for
sharing and delivery of integrated justice information, as may
be requested by the agencies, the director of the office of
financial management, the supreme court, or the legislature;
(i) Assist the office of financial management with budgetary and policy review of state agency plans affecting the
justice information network;
(j) Recommend to the governor, the supreme court, and
the legislature those legislative changes and appropriations
needed to implement, maintain, and enhance a statewide justice information network and to assure the availability of
complete, accurate, and timely justice information;
(k) Encourage coordination, consistency, and compatibility among courts, state agency, and local agency justice
information systems and projects; and
(l) Adopt strategic and tactical planning goals and objectives that implement, maintain, and enhance sharing and integrated delivery of justice information for the state.
(2)(a) Nothing in this section supersedes the authority of
the information services board under chapter 43.105 RCW.
(b) Nothing in this section supersedes the authority of
courts, state agencies, and local agencies to control and maintain access to information within their independent systems.
[2003 c 104 § 5.]
10.98.240
10.98.240 Washington integrated justice information
board—Report. The board shall file a report with the governor, the supreme court, and the chairs and ranking minority
members of the senate and house committees with jurisdiction over criminal justice funding and policy by September 1,
2004, and not less than every two years thereafter. The report
shall include specific goals for improving criminal justice
information systems integration, a timeline and identifiable
benchmarks for achieving those goals, and recommendations
concerning legislative changes and appropriations needed to
implement, operate, and enhance a statewide justice information network to assure the availability of complete, accurate,
and timely justice information. [2003 c 104 § 6.]
Chapter 10.105 RCW
Chapter 10.105
PROPERTY INVOLVED IN A FELONY
Sections
10.105.900
Application.
10.105.900
10.105.900 Application. This chapter does not apply to
property subject to forfeiture under chapter 66.32 RCW,
RCW 69.50.505, 9.41.098, 9.46.231, 9A.82.100, 9A.83.030,
7.48.090, or 77.15.070. [2003 c 39 § 6; 1994 c 218 § 18;
1993 c 288 § 1.]
Effective date—1994 c 218: See note following RCW 9.46.010.
Probate and Trust Law
Title 11
Title 11
PROBATE AND TRUST LAW
Chapters
11.68 Settlement of estates without administration.
11.94 Power of attorney.
11.97 Effect of trust instrument.
Chapter 11.68
Chapter 11.68 RCW
SETTLEMENT OF ESTATES WITHOUT
ADMINISTRATION
11.94.010
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Application, construction—Severability—Effective date—1974
ex.s. c 117: See RCW 11.02.080 and notes following.
Chapter 11.94
Chapter 11.94 RCW
POWER OF ATTORNEY
Sections
11.94.010
11.94.150
Designation—Authority—Effect of acts done—Appointment
of guardian, effect—Accounting—Reliance on instrument.
Mental health treatment decisions—Compensation of agent
prohibited—Reimbursement of expenses allowed.
11.94.010
Sections
11.68.090
Powers of personal representative under nonintervention
will—Scope—Relief from duties, restrictions, liabilities by
will.
11.68.090
11.68.090 Powers of personal representative under
nonintervention will—Scope—Relief from duties, restrictions, liabilities by will. (1) Any personal representative acting under nonintervention powers may borrow money on the
general credit of the estate and may mortgage, encumber,
lease, sell, exchange, convey, and otherwise have the same
powers, and be subject to the same limitations of liability,
that a trustee has under RCW 11.98.070 and chapters 11.100
and 11.102 RCW with regard to the assets of the estate, both
real and personal, all without an order of court and without
notice, approval, or confirmation, and in all other respects
administer and settle the estate of the decedent without intervention of court. Except as otherwise specifically provided
in this title or by order of court, a personal representative acting under nonintervention powers may exercise the powers
granted to a personal representative under chapter 11.76
RCW but is not obligated to comply with the duties imposed
on personal representatives by that chapter. A party to such a
transaction and the party's successors in interest are entitled
to have it conclusively presumed that the transaction is necessary for the administration of the decedent's estate.
(2) Except as otherwise provided in chapter 11.108
RCW or elsewhere in order to preserve a marital deduction
from estate taxes, a testator may by a will relieve the personal
representative from any or all of the duties, restrictions, and
liabilities imposed: Under common law; by chapters 11.54,
11.56, 11.100, 11.102, and 11.104A RCW; or by RCW
11.28.270 and 11.28.280, 11.68.095, and 11.98.070. In addition, a testator may likewise alter or deny any or all of the
privileges and powers conferred by this title, and may add
duties, restrictions, liabilities, privileges, or powers to those
imposed or granted by this title. If any common law or any
statute referenced earlier in this subsection is in conflict with
a will, the will controls whether or not specific reference is
made in the will to this section. However, notwithstanding
the rest of this subsection, a personal representative may not
be relieved of the duty to act in good faith and with honest
judgment. [2003 c 254 § 3; 1997 c 252 § 66; 1988 c 29 § 3;
1985 c 30 § 7. Prior: 1984 c 149 § 10; 1974 ex.s. c 117 § 21.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.94.010 Designation—Authority—Effect of acts
done—Appointment of guardian, effect—Accounting—
Reliance on instrument. (1) Whenever a principal designates another as his or her attorney in fact or agent, by a
power of attorney in writing, and the writing contains the
words "This power of attorney shall not be affected by disability of the principal," or "This power of attorney shall
become effective upon the disability of the principal," or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's disability, the authority of the attorney in fact or agent is
exercisable on behalf of the principal as provided notwithstanding later disability or incapacity of the principal at law
or later uncertainty as to whether the principal is dead or
alive. All acts done by the attorney in fact or agent pursuant
to the power during any period of disability or incompetence
or uncertainty as to whether the principal is dead or alive
have the same effect and inure to the benefit of and bind the
principal or the principal's guardian or heirs, devisees, and
personal representative as if the principal were alive, competent, and not disabled. A principal may nominate, by a durable power of attorney, the guardian or limited guardian of his
or her estate or person for consideration by the court if protective proceedings for the principal's person or estate are
thereafter commenced. The court shall make its appointment
in accordance with the principal's most recent nomination in
a durable power of attorney except for good cause or disqualification. If a guardian thereafter is appointed for the principal, the attorney in fact or agent, during the continuance of
the appointment, shall account to the guardian rather than the
principal. The guardian has the same power the principal
would have had if the principal were not disabled or incompetent, to revoke, suspend or terminate all or any part of the
power of attorney or agency.
(2) Persons shall place reasonable reliance on any determination of disability or incompetence as provided in the
instrument that specifies the time and the circumstances
under which the power of attorney document becomes effective.
(3)(a) A principal may authorize his or her attorney-infact to provide informed consent for health care decisions on
the principal's behalf. If a principal has appointed more than
one agent with authority to make mental health treatment
decisions in accordance with a directive under chapter 71.32
RCW, to the extent of any conflict, the most recently
appointed agent shall be treated as the principal's agent for
mental health treatment decisions unless provided otherwise
in either appointment.
[2003 RCW Supp—page 109]
11.94.150
Title 11 RCW: Probate and Trust Law
(b) Unless he or she is the spouse, or adult child or
brother or sister of the principal, none of the following persons may act as the attorney-in-fact for the principal: Any of
the principal's physicians, the physicians' employees, or the
owners, administrators, or employees of the health care facility or long-term care facility as defined in RCW 43.190.020
where the principal resides or receives care. Except when the
principal has consented in a mental health advance directive
executed under chapter 71.32 RCW to inpatient admission or
electroconvulsive therapy, this authorization is subject to the
same limitations as those that apply to a guardian under RCW
11.92.043(5) (a) through (c). [2003 c 283 § 27; 1995 c 297 §
9; 1989 c 211 § 1; 1985 c 30 § 25. Prior: 1984 c 149 § 26;
1974 ex.s. c 117 § 52.]
Severability—Part headings not law—2003 c 283: See RCW
71.32.900 and 71.32.901.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Application, construction—Severability—Effective date—1974
ex.s. c 117: See RCW 11.02.080 and notes following.
11.94.150
11.94.150 Mental health treatment decisions—Compensation of agent prohibited—Reimbursement of
expenses allowed. No person appointed by a principal as an
agent to make mental health treatment decisions pursuant to a
mental health advance directive under chapter 71.32 RCW
shall be compensated for the performance of his or her duties
as an agent to make mental health treatment decisions. This
section does not prohibit an agent from receiving reimbursement for reasonable expenses incurred in the performance of
his or her duties under chapter 71.32 RCW. [2003 c 283 §
28.]
Severability—Part headings not law—2003 c 283: See RCW
71.32.900 and 71.32.901.
Chapter 11.97
Chapter 11.97 RCW
EFFECT OF TRUST INSTRUMENT
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.97.900
11.97.900 Application of chapter. This chapter applies
to the provisions of chapters 11.95, 11.98, 11.100, and
11.104A RCW and to RCW 11.106.020. [2003 c 254 § 5;
1985 c 30 § 39. Prior: 1984 c 149 § 65.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Title 13
Title 13
JUVENILE COURTS AND
JUVENILE OFFENDERS
Chapters
13.24 Interstate compact on juveniles.
13.34 Juvenile court act—Dependency and termination
of parent-child relationship.
13.40 Juvenile justice act of 1977.
13.50 Keeping and release of records by juvenile justice
or care agencies.
Chapter 13.24 RCW
INTERSTATE COMPACT ON JUVENILES
Chapter 13.24
Sections
13.24.010
13.24.011
13.24.020
13.24.021
Repealed. (Contingent effective date.)
Execution of compact. (Contingent effective date.)
Repealed. (Contingent effective date.)
Designation of state council. (Contingent effective date.)
13.24.010
13.24.010 Repealed. (Contingent effective date.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
13.24.011
Sections
11.97.010
11.97.900
Power of trustor—Trust provisions control.
Application of chapter.
11.97.010
11.97.010 Power of trustor—Trust provisions control. The trustor of a trust may by the provisions of the trust
relieve the trustee from any or all of the duties, restrictions,
and liabilities which would otherwise be imposed by chapters
11.95, 11.98, 11.100, and 11.104A RCW and RCW
11.106.020, or may alter or deny any or all of the privileges
and powers conferred by those provisions; or may add duties,
restrictions, liabilities, privileges, or powers to those imposed
or granted by those provisions. If any specific provision of
those chapters is in conflict with the provisions of a trust, the
provisions of the trust control whether or not specific reference is made in the trust to any of those chapters, except as
provided in RCW 11.98.200 through 11.98.240 and
11.95.100 through 11.95.150. In no event may a trustee be
relieved of the duty to act in good faith and with honest judgment. [2003 c 254 § 4; 1993 c 339 § 1; 1985 c 30 § 38. Prior:
1984 c 149 § 64; 1959 c 124 § 2. Formerly RCW 30.99.020.]
Severability—1993 c 339: See note following RCW 11.98.200.
[2003 RCW Supp—page 110]
13.24.011 Execution of compact. (Contingent effective date.)
EXECUTION OF THE COMPACT
The governor is hereby authorized and directed to execute a compact on behalf of this state with any other state or
states legally joining therein in the form substantially as follows. No provision of this compact will interfere with this
state's authority to determine policy regarding juvenile
offenders and nonoffenders within this state.
THE INTERSTATE COMPACT FOR JUVENILES
ARTICLE I - Purpose
The compacting states to this interstate compact recognize that each state is responsible for the proper supervision
or return of juveniles, delinquents, and status offenders who
are on probation or parole and who have absconded, escaped,
or run away from supervision and control and in so doing
have endangered their own safety and the safety of others.
The compacting states also recognize that each state is
responsible for the safe return of juveniles who have run
away from home and in doing so have left their state of resi-
Interstate Compact on Juveniles
dence. The compacting states also recognize that congress,
by enacting the crime control act, 4 U.S.C. Sec. 112 (1965),
has authorized and encouraged compacts for cooperative
efforts and mutual assistance in the prevention of crime.
It is the purpose of this compact, through means of joint
and cooperative action among the compacting states, to: (1)
Ensure that the adjudicated juveniles and status offenders
subject to this compact are provided adequate supervision
and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state; (2) ensure
that the public safety interests of the citizens, including the
victims of juvenile offenders, in both the sending and receiving states are adequately protected; (3) return juveniles who
have run away, absconded, or escaped from supervision or
control or have been accused of an offense to the state
requesting their return; (4) make contracts for the cooperative
institutionalization in public facilities in member states for
delinquent youth needing special services; (5) provide for the
effective tracking and supervision of juveniles; (6) equitably
allocate the costs, benefits, and obligations of the compacting
states; (7) establish procedures to manage the movement
between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or
any other criminal or juvenile justice agency that has jurisdiction over juvenile offenders; (8) ensure immediate notice to
jurisdictions where defined offenders may travel or relocate
across state lines; (9) establish procedures to resolve pending
charges (detainers) against juvenile offenders before transfer
or release to the community under the terms of this compact;
(10) establish a system of uniform data collection on information pertaining to juveniles subject to this compact that
allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to
heads of state executive, judicial, and legislative branches
and juvenile and criminal justice administrators; (11) monitor
compliance with rules governing interstate movement of
juveniles and initiate interventions to address and correct
noncompliance; (12) coordinate training and education
regarding the regulation of interstate movement of juveniles
for officials involved in such activity; and (13) coordinate the
implementation and operation of the compact with the interstate compact for the placement of children, the interstate
compact for adult offender supervision, and other compacts
affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise. It is the policy of
the compacting states that the activities conducted by the
interstate commission created in this section are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe
their individual and collective duties and responsibilities for
the prompt return and acceptance of juveniles subject to the
provisions of this compact. The provisions of this compact
shall be reasonably and liberally construed to accomplish the
purposes and policies of the compact.
ARTICLE II - Definitions
As used in this compact, unless the context clearly
requires a different construction:
(1) "Bylaws" means those bylaws established by the
interstate commission for its governance, or for directing or
controlling its actions or conduct.
13.24.011
(2) "Commissioner" means the voting representative of
each compacting state appointed under Article III of this
compact.
(3) "Compact administrator" means the individual in
each compacting state appointed under the terms of this compact, responsible for the administration and management of
the state's supervision and transfer of juveniles subject to the
terms of this compact, the rules adopted by the interstate
commission, and policies adopted by the state council under
this compact.
(4) "Compacting state" means any state that has enacted
the enabling legislation for this compact.
(5) "Court" means any court having jurisdiction over
delinquent, neglected, or dependent children.
(6) "Deputy compact administrator" means the individual, if any, in each compacting state appointed to act on
behalf of a compact administrator under the terms of this
compact responsible for the administration and management
of the state's supervision and transfer of juveniles subject to
the terms of this compact, the rules adopted by the interstate
commission, and policies adopted by the state council under
this compact.
(7) "Interstate commission" means the interstate commission for juveniles created by Article III of this compact.
(8) "Juvenile" means any person defined as a juvenile in
any member state or by the rules of the interstate commission, including:
(a) An accused delinquent, meaning a person charged
with an offense that, if committed by an adult, would be a
criminal offense;
(b) An adjudicated delinquent, meaning a person found
to have committed an offense that, if committed by an adult,
would be a criminal offense;
(c) An accused status offender, meaning a person
charged with an offense that would not be a criminal offense
if committed by an adult;
(d) An adjudicated status offender, meaning a person
found to have committed an offense that would not be a criminal offense if committed by an adult; and
(e) A nonoffender, meaning a person in need of supervision who has not been accused or adjudicated a status
offender or delinquent.
(9) "Noncompacting state" means any state that has not
enacted the enabling legislation for this compact.
(10) "Probation or parole" means any kind of supervision
or conditional release of juveniles authorized under the laws
of the compacting states.
(11) "Rule" means a written statement by the interstate
commission issued under Article VI of this compact that is of
general applicability, implements, interprets, or prescribes a
policy or provision of the compact or an organizational, procedural, or practice requirement of the commission, and has
the force and effect of statutory law in a compacting state.
This includes the amendment, repeal, or suspension of an
existing rule.
(12) "State" means a state of the United States, the District of Columbia (or its designee), the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.
[2003 RCW Supp—page 111]
13.24.011
Title 13 RCW: Juvenile Courts and Juvenile Offenders
ARTICLE III - Interstate Commission for Juveniles
(1) The compacting states hereby create the "interstate
commission for juveniles." The interstate commission shall
be a body corporate and joint agency of the compacting
states. The interstate commission shall have all the responsibilities, powers, and duties set forth in this section, and such
additional powers as may be conferred upon it by subsequent
action of the respective legislatures of the compacting states
in accordance with the terms of this compact.
(2) The interstate commission shall consist of commissioners appointed by the appropriate appointing authority in
each state under the rules and requirements of each compacting state and in consultation with the state council for interstate juvenile supervision. The commissioner shall be the
compact administrator, deputy compact administrator, or
designee from that state who shall serve on the interstate
commission in such capacity under the applicable law of the
compacting state.
(3) In addition to the commissioners who are the voting
representatives of each state, the interstate commission shall
include individuals who are not commissioners, but who are
members of interested organizations. Such noncommissioner
members must include a member of the national organizations of governors, legislators, state chief justices, attorneys
general, interstate compact for adult offender supervision,
interstate compact for the placement of children, juvenile justice and juvenile corrections officials, and crime victims. All
noncommissioner members of the interstate commission
shall be nonvoting members. The interstate commission may
provide in its bylaws for such additional nonvoting members,
including members of other national organizations, in such
numbers as shall be determined by the commission.
(4) Each compacting state represented at any meeting of
the commission is entitled to one vote. A majority of the
compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the
bylaws of the interstate commission.
(5) The interstate commission shall meet at least once
each calendar year. The chair may call additional meetings
and, upon the request of a simple majority of the compacting
states, shall call additional meetings. Public notice shall be
given of all meetings and meetings shall be open to the public.
(6) The interstate commission shall establish an executive committee, which shall include commission officers,
members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the
interstate commission during periods when the interstate
commission is not in session, with the exception of rule making and/or amendment to the compact. The executive committee shall oversee the day-to-day activities of the administration of the compact managed by an executive director and
interstate commission staff, administer enforcement and
compliance with the compact, its bylaws, and rules, and perform such other duties as directed by the interstate commission or set forth in the bylaws.
(7) Each member of the interstate commission may cast
a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission.
A member shall vote in person and shall not delegate a vote
[2003 RCW Supp—page 112]
to another compacting state. However, a commissioner, in
consultation with the state council, shall appoint another
authorized representative, in the absence of the commissioner
from that state, to cast a vote on behalf of the compacting
state at a specified meeting. The bylaws may provide for
members' participation in meetings by telephone or other
means of telecommunication or electronic communication.
(8) The interstate commission's bylaws shall establish
conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate
commission may exempt from disclosure any information or
official records to the extent they would adversely affect personal privacy rights or proprietary interests.
(9) Public notice shall be given of all meetings and all
meetings shall be open to the public, except as set forth in the
rules or as otherwise provided in the compact. The interstate
commission and any of its committees may close a meeting to
the public where it determines by two-thirds vote that an open
meeting would be likely to:
(a) Relate solely to the interstate commission's internal
personnel practices and procedures;
(b) Disclose matters specifically exempted from disclosure by statute;
(c) Disclose trade secrets or commercial or financial
information that is privileged or confidential;
(d) Involve accusing any person of a crime, or formally
censuring any person;
(e) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of
personal privacy;
(f) Disclose investigative records compiled for law
enforcement purposes;
(g) Disclose information contained in or related to examination, operating, or condition reports prepared by, or on
behalf of or for the use of, the interstate commission with
respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity;
(h) Disclose information, the premature disclosure of
which would significantly endanger the stability of a regulated person or entity; or
(i) Specifically relate to the interstate commission's issuance of a subpoena, or its participation in a civil action or
other legal proceeding.
(10) For every closed meeting, the interstate commission's legal counsel shall publicly certify that, in the legal
counsel's opinion, the meeting may be closed to the public,
and shall reference each relevant exemptive provision. The
interstate commission shall keep minutes that fully and
clearly describe all matters discussed in any meeting and
shall provide a full and accurate summary of any actions
taken, and the reasons therefore, including a description of
each of the views expressed on any item and the record of any
roll call vote reflected in the vote of each member on the
question. All documents considered in connection with any
action shall be identified in the minutes.
(11) The interstate commission shall collect standardized
data concerning the interstate movement of juveniles as
directed through its rules that specify the data to be collected,
the means of collection and data exchange, and reporting
requirements. Such methods of data collection, exchange,
Interstate Compact on Juveniles
and reporting shall insofar as is reasonably possible conform
to current technology and coordinate its information functions with the appropriate repository of records.
ARTICLE IV - Powers and Duties of the
Interstate Commission
The commission has the following powers and duties:
(1) Provide for dispute resolution among compacting
states;
(2) Adopt rules to effect the purposes and obligations of
this compact which shall have the force and effect of statutory law and shall be binding in the compacting states to the
extent and in the manner provided in this compact;
(3) Oversee, supervise, and coordinate the interstate
movement of juveniles subject to this compact and any
bylaws adopted and rules adopted by the interstate commission;
(4) Enforce compliance with the compact provisions, the
rules adopted by the interstate commission, and the bylaws,
using all necessary and proper means, including but not limited to the use of judicial process;
(5) Establish and maintain offices that are located within
one or more of the compacting states;
(6) Purchase and maintain insurance and bonds;
(7) Borrow, accept, hire, or contract for personnel services;
(8) Establish and appoint committees and hire staff that
it deems necessary to carry out its functions including, but
not limited to, an executive committee as required by Article
III of this compact that may act on behalf of the interstate
commission in carrying out its powers and duties;
(9) Elect or appoint officers, attorneys, employees,
agents, or consultants, and to fix their compensation, define
their duties and determine their qualifications, and to establish the interstate commission's personnel policies and programs relating to inter alia, conflicts of interest, rates of compensation, and qualifications of personnel;
(10) Accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive,
use, and dispose of the donations and grants;
(11) Lease, purchase, accept contributions or donations
of, or otherwise to own, hold, improve, or use any property,
real, personal, or mixed;
(12) Sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property, real, personal,
or mixed;
(13) Establish a budget and make expenditures and levy
dues as provided in Article VIII of this compact;
(14) Sue and be sued;
(15) Adopt a seal and bylaws governing the management
and operation of the interstate commission;
(16) Perform such functions as may be necessary or
appropriate to achieve the purposes of this compact;
(17) Report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning
the activities of the interstate commission during the preceding year. Reports shall also include any recommendations
adopted by the interstate commission;
(18) Coordinate education, training, and public awareness regarding the interstate movement of juveniles for officials involved in such activity;
13.24.011
(19) Establish uniform standards of the reporting, collecting, and exchanging of data; and
(20) Maintain its corporate books and records in accordance with the bylaws.
ARTICLE V - Organization and Operation
of the Interstate Commission
Section A. Bylaws
The interstate commission shall, by a majority of the
members present and voting, within twelve months after the
first interstate commission meeting, adopt bylaws to govern
its conduct as may be necessary or appropriate to carry out
the purposes of the compact, including, but not limited to:
(1) Establishing the fiscal year of the interstate commission;
(2) Establishing an executive committee and such other
committees as may be necessary;
(3) Providing for the establishment of committees governing any general or specific delegation of any authority or
function of the interstate commission;
(4) Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring
reasonable notice of each such meeting;
(5) Establishing the titles and responsibilities of the
officers of the interstate commission;
(6) Providing a mechanism for concluding the operations
of the interstate commission and the return of any surplus
funds that may exist upon the termination of the compact
after the payment and/or reserving of all of its debts and obligations;
(7) Providing "start-up" rules for initial administration of
the compact; and
(8) Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
Section B. Officers and staff
(1) The interstate commission shall, by a majority of the
members, elect annually from among its members a chair and
a vice-chair, each of whom has the authority and duties that
are specified in the bylaws. The chair or, in the chair's
absence or disability, the vice-chair shall preside at all meetings of the interstate commission. The officers so elected
shall serve without compensation or remuneration from the
interstate commission. However, subject to the availability
of budgeted funds, the officers shall be reimbursed for any
ordinary and necessary costs and expenses incurred by them
in the performance of their duties and responsibilities as
officers of the interstate commission.
(2) The interstate commission shall, through its executive committee, appoint or retain an executive director for
such period, upon such terms and conditions, and for such
compensation as the interstate commission deems appropriate. The executive director shall serve as secretary to the
interstate commission, but shall not be a member and shall
hire and supervise such other staff as authorized by the interstate commission.
[2003 RCW Supp—page 113]
13.24.011
Title 13 RCW: Juvenile Courts and Juvenile Offenders
Section C. Qualified immunity, defense, and indemnification
(1) The commission's executive director and employees
are immune from suit and liability, either personally or in
their official capacity, for any claim for damage to, loss of
property, personal injury, or other civil liability caused or
arising out of or relating to any actual or alleged act, error, or
omission that occurred, or that such person had a reasonable
basis for believing occurred within the scope of commission
employment, duties, or responsibilities. However, any such
person is not protected from suit or liability for any damage,
loss, injury, or liability caused by the intentional or willful
and wanton misconduct of any such person.
(2) The liability of any commissioner, or the employee or
agent of a commissioner, acting within the scope of such person's employment or duties for acts, errors, or omissions
occurring within such person's state may not exceed the limits of liability set forth under the constitution and laws of that
state for state officials, employees, and agents. Nothing in
this subsection shall be construed to protect any such person
from suit or liability for any damage, loss, injury, or liability
caused by the intentional or willful and wanton misconduct
of any such person.
(3) The interstate commission shall defend the executive
director or the employees or representatives of the interstate
commission and, subject to the approval of the attorney general of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner's representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act,
error, or omission that occurred within the scope of interstate
commission employment, duties, or responsibilities, or that
the defendant had a reasonable basis for believing occurred
within the scope of interstate commission employment,
duties, or responsibilities, if the actual or alleged act, error, or
omission did not result from intentional or willful and wanton
misconduct on the part of such person.
(4) The interstate commission shall indemnify and hold
the commissioner of a compacting state, or the commissioner's representatives or employees, or the interstate commission's representatives or employees, harmless in the
amount of any settlement or judgment obtained against such
persons arising out of any actual or alleged act, error, or
omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the
scope of interstate commission employment, duties, or
responsibilities, if the actual or alleged act, error, or omission
did not result from intentional or willful and wanton misconduct on the part of such persons.
ARTICLE VI - Rule-making Functions of the
Interstate Commission
(1) The interstate commission shall adopt and publish
rules in order to effectively and efficiently achieve the purposes of the compact.
(2) Rule making shall occur pursuant to the criteria set
forth in this article and the bylaws and rules adopted pursuant
thereto. Such rule making shall substantially conform to the
principles of the "model state administrative procedures act,"
1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or
[2003 RCW Supp—page 114]
such other administrative procedures act, as the interstate
commission deems appropriate consistent with due process
requirements under the United States Constitution as now or
hereafter interpreted by the United States supreme court. All
rules and amendments become binding as of the date specified, as published with the final version of the rule as
approved by the commission.
(3) When adopting a rule, the interstate commission
shall, at a minimum:
(a) Publish the proposed rule's entire text stating the reason or reasons for that proposed rule;
(b) Allow and invite any and all persons to submit written data, facts, opinions, and arguments, which information
shall be added to the record, and be made publicly available;
(c) Provide an opportunity for an informal hearing if
petitioned by ten or more persons; and
(d) Adopt a final rule and its effective date, if appropriate, based on input from state or local officials, or interested
parties.
(4) The interstate commission shall allow, not later than
sixty days after a rule is adopted, any interested person to file
a petition in the United States district court for the District of
Columbia or in the federal district court where the interstate
commission's principal office is located for judicial review of
such rule. If the court finds that the interstate commission's
action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set
it aside. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the
model state administrative procedures act.
(5) If a majority of the legislatures of the compacting
states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that rule to have no further force and effect in any
compacting state.
(6) The existing rules governing the operation of the
interstate compact on juveniles superseded by chapter 180,
Laws of 2003 shall be null and void twelve months after the
first meeting of the interstate commission created under this
section.
(7) Upon determination by the interstate commission
that a state of emergency exists, it may adopt an emergency
rule that becomes effective immediately upon adoption.
However, the usual rule-making procedures shall be retroactively applied to the rule as soon as reasonably possible, but
no later than ninety days after the effective date of the emergency rule.
ARTICLE VII - Oversight, Enforcement, and Dispute
Resolution by the Interstate Commission
Section A. Oversight
(1) The interstate commission shall oversee the administration and operations of the interstate movement of juveniles
subject to this compact in the compacting states and shall
monitor such activities being administered in noncompacting
states that may significantly affect compacting states.
(2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions
necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the
Interstate Compact on Juveniles
rules adopted under this section shall be received by all the
judges, public officers, commissions, and departments of the
state government as evidence of the authorized statute and
administrative rules. All courts shall take judicial notice of
the compact and the rules. In any judicial or administrative
proceeding in a compacting state pertaining to the subject
matter of this compact which may affect the powers, responsibilities, or actions of the interstate commission, it shall be
entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for
all purposes.
Section B. Dispute resolution
(1) The compacting states shall report to the interstate
commission on all issues and activities necessary for the
administration of the compact as well as issues and activities
pertaining to compliance with the compact and its bylaws and
rules.
(2) The interstate commission shall attempt, upon the
request of a compacting state, to resolve any disputes or other
issues that are subject to the compact and that may arise
among compacting states and between compacting and noncompacting states. The commission shall adopt a rule providing for both mediation and binding dispute resolution for
disputes among the compacting states.
(3) The interstate commission, in the reasonable exercise
of its discretion, shall enforce the provisions and rules of this
compact using any or all means set forth in Article XI of this
compact.
ARTICLE VIII - Finance
(1) The interstate commission shall pay or provide for
the payment of the reasonable expenses of its establishment,
organization, and ongoing activities.
(2) The interstate commission shall levy on and collect
an annual assessment from each compacting state to cover
the cost of the internal operations and activities of the interstate commission and its staff which must be in a total
amount sufficient to cover the interstate commission's annual
budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be
determined by the interstate commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting
state and shall adopt a rule binding upon all compacting states
that governs the assessment.
(3) The interstate commission shall not incur any obligations of any kind before securing the funds adequate to meet
the same; nor shall the interstate commission pledge the
credit of any of the compacting states, except by and with the
authority of the compacting state.
(4) The interstate commission shall keep accurate
accounts of all receipts and disbursements. The receipts and
disbursements of the interstate commission shall be subject to
the audit and accounting procedures established under its
bylaws. However, all receipts and disbursements of funds
handled by the interstate commission shall be audited yearly
by a certified or licensed public accountant and the report of
the audit shall be included in and become part of the annual
report of the interstate commission.
13.24.011
ARTICLE IX - The State Council
Each member state shall create a state council for interstate juvenile supervision. While each state may determine
the membership of its own state council, its membership must
include at least one representative from the legislative, judicial, and executive branches of government, victims groups,
and the compact administrator, deputy compact administrator, or designee. Each compacting state retains the right to
determine the qualifications of the compact administrator or
deputy compact administrator. Each state council will advise
and may exercise oversight and advocacy concerning that
state's participation in interstate commission activities and
other duties as may be determined by that state, including but
not limited to development of policy concerning operations
and procedures of the compact within that state.
Pursuant to this compact, the governor shall designate an
individual who shall be the compact administrator and who,
acting jointly with like officers of other party states, shall
promulgate rules and regulations to carry out more effectively the terms of the compact. The governor shall designate
the compact administrator from a list of six individuals, three
of whom are recommended by the Washington association of
juvenile court administrators and three of whom are recommended by the juvenile rehabilitation administration of the
department of social and health services. The administrator
shall serve subject to the pleasure of the governor. The
administrator shall cooperate with all departments, agencies,
and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements
entered into by this state.
ARTICLE X - Compacting States, Effective Date,
and Amendment
(1) Any state, the District of Columbia or its designee,
the Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, and the Northern Marianas
Islands as defined in Article II of this compact is eligible to
become a compacting state.
(2) The compact shall become effective and binding
upon legislative enactment of the compact into law by no less
than thirty-five of the states. The initial effective date shall
be the later of July 1, 2004, or upon enactment into law by the
thirty-fifth jurisdiction. Thereafter, it shall become effective
and binding as to any other compacting state upon enactment
of the compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the interstate commission on a nonvoting basis before adoption of the compact by all states and
territories of the United States.
(3) The interstate commission may propose amendments
to the compact for enactment by the compacting states. No
amendment shall become effective and binding upon the
interstate commission and the compacting states unless and
until it is enacted into law by unanimous consent of the compacting states.
[2003 RCW Supp—page 115]
13.24.011
Title 13 RCW: Juvenile Courts and Juvenile Offenders
ARTICLE XI - Withdrawal, Default, Termination,
and Judicial Enforcement
Section A. Withdrawal
(1) Once effective, the compact shall continue in force
and remain binding upon each and every compacting state.
However, a compacting state may withdraw from the compact by repealing the statute that enacted the compact into
law.
(2) The effective date of withdrawal is the effective date
of the repeal.
(3) The withdrawing state shall immediately notify the
chair of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other
compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting
the compact or upon such later date as determined by the
interstate commission.
Section B. Technical Assistance, Fines, Suspension,
Termination, and Default
(1) If the interstate commission determines that any compacting state has at any time defaulted in the performance of
any of its obligations or responsibilities under this compact,
or the bylaws or adopted rules, the interstate commission may
impose any or all of the following penalties:
(a) Remedial training and technical assistance as
directed by the interstate commission;
(b) Alternative dispute resolution;
(c) Fines, fees, and costs in such amounts as set by the
interstate commission; and
(d) Suspension or termination of membership in the
compact, which shall be imposed only after all other reasonable means of securing compliance under the bylaws and
rules have been exhausted and the interstate commission has
determined that the offending state is in default. Immediate
notice of suspension shall be given by the interstate commission to the governor, the chief justice or the chief judicial
officer of the state, the majority and minority leaders of the
defaulting state's legislature, and the state council. The
grounds for default include, but are not limited to, failure of a
compacting state to perform such obligations or responsibilities imposed upon it by this compact, the bylaws, or rules and
any other grounds designated in commission bylaws and
rules. The interstate commission shall immediately notify the
defaulting state in writing of the penalty imposed by the interstate commission and of the default pending a cure of the
default. The commission shall stipulate the conditions and
the time period within which the defaulting state must cure its
default. If the defaulting state fails to cure the default within
the time period specified by the commission, the defaulting
state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights,
[2003 RCW Supp—page 116]
privileges, and benefits conferred by this compact shall be
terminated from the effective date of termination.
(2) Within sixty days of the effective date of termination
of a defaulting state, the interstate commission shall notify
the governor, the chief justice or chief judicial officer, the
majority and minority leaders of the defaulting state's legislature, and the state council of such termination.
(3) The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.
(4) The interstate commission shall not bear any costs
relating to the defaulting state unless otherwise mutually
agreed upon in writing between the interstate commission
and the defaulting state.
(5) Reinstatement following termination of any compacting state requires both a reenactment of the compact by
the defaulting state and the approval of the interstate commission pursuant to the rules.
Section C. Judicial enforcement
The interstate commission may, by majority vote of the
members, initiate legal action in the United States district
court for the District of Columbia or, at the discretion of the
interstate commission, in the federal district where the interstate commission has its offices, to enforce compliance with
the provisions of the compact, its rules, and bylaws against
any compacting state in default. In the event judicial enforcement is necessary, the prevailing party shall be awarded all
costs of such litigation including reasonable attorneys' fees.
Section D. Dissolution of compact
(1) The compact dissolves effective upon the date of the
withdrawal or default of the compacting state, which reduces
membership in the compact to one compacting state.
(2) Upon the dissolution of this compact, the compact
becomes null and void and shall be of no further force or
effect, and the business and affairs of the interstate commission shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XII - Severability and Construction
(1) The provisions of this compact are severable, and if
any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact are
enforceable.
(2) The provisions of this compact shall be liberally construed to effectuate its purposes.
ARTICLE XIII - Binding Effect of Compact and Other Laws
Section A. Other laws
(1) Nothing in this section prevents the enforcement of
any other law of a compacting state that is consistent with this
compact.
(2) All compacting states' laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
Section B. Binding effect of the compact
(1) All lawful actions of the interstate commission,
including all rules and bylaws adopted by the interstate commission, are binding upon the compacting states.
(2) All agreements between the interstate commission
and the compacting states are binding in accordance with
their terms.
(3) Upon the request of a party to a conflict over meaning
or interpretation of interstate commission actions, and upon a
majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or
interpretation.
(4) In the event any provision of this compact exceeds
the constitutional limits imposed on the legislature of any
compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the interstate commission shall be ineffective and such obligations,
duties, powers, or jurisdiction shall remain in the compacting
state and shall be exercised by the agency thereof to which
such obligations, duties, powers, or jurisdiction are delegated
by law in effect at the time this compact becomes effective.
[2003 c 180 § 1.]
Contingent effective date—2003 c 180: "This act takes effect July 1,
2004, or when the interstate compact for juveniles is adopted by thirty-five
or more states, whichever occurs later." [2003 c 180 § 4.]
13.24.020
13.24.020 Repealed. (Contingent effective date.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
13.24.021
13.24.021 Designation of state council. (Contingent
effective date.) Pursuant to the compact created in RCW
13.24.011, the governor is hereby authorized and empowered
to designate a state council as required in Article IX of the
compact. [2003 c 180 § 2.]
Contingent effective date—2003 c 180: See note following RCW
13.24.011.
Chapter 13.34 RCW
JUVENILE COURT ACT—DEPENDENCY AND
TERMINATION OF PARENT-CHILD
RELATIONSHIP
Chapter 13.34
Sections
13.34.030
13.34.115
13.34.130
13.34.136
13.34.138
13.34.145
13.34.200
13.34.210
13.34.260
13.34.030
Definitions.
Hearings—Public excluded when in the best interests of the
child—Notes and records—Video recordings.
Order of disposition for a dependent child, alternatives—Petition seeking termination of parent-child relationship—Contact with siblings—Placement with relatives.
Permanency plan of care.
Review hearings—Findings—Housing assistance.
Permanency plan required—Permanency planning hearing—
Time limits—Review hearing—Petition for termination of
parental rights—Guardianship petition—Agency responsibility to provide services to parents—Due process rights.
Order terminating parent and child relationship—Rights of
parties when granted.
Order terminating parent and child relationship—Custody
where no one has parental rights.
Foster home placement—Parental preferences—Foster parent
contact with birth parents encouraged.
13.34.030 Definitions. For purposes of this chapter:
13.34.030
(1) "Abandoned" means when the child's parent, guardian, or other custodian has expressed, either by statement or
conduct, an intent to forego, for an extended period, parental
rights or responsibilities despite an ability to exercise such
rights and responsibilities. If the court finds that the petitioner has exercised due diligence in attempting to locate the
parent, no contact between the child and the child's parent,
guardian, or other custodian for a period of three months creates a rebuttable presumption of abandonment, even if there
is no expressed intent to abandon.
(2) "Child" and "juvenile" means any individual under
the age of eighteen years.
(3) "Current placement episode" means the period of
time that begins with the most recent date that the child was
removed from the home of the parent, guardian, or legal custodian for purposes of placement in out-of-home care and
continues until: (a) The child returns home; (b) an adoption
decree, a permanent custody order, or guardianship order is
entered; or (c) the dependency is dismissed, whichever
occurs first.
(4) "Dependency guardian" means the person, nonprofit
corporation, or Indian tribe appointed by the court pursuant to
this chapter for the limited purpose of assisting the court in
the supervision of the dependency.
(5) "Dependent child" means any child who:
(a) Has been abandoned;
(b) Is abused or neglected as defined in chapter 26.44
RCW by a person legally responsible for the care of the child;
or
(c) Has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to
the child's psychological or physical development.
(6) "Developmental disability" means a disability attributable to mental retardation, cerebral palsy, epilepsy, autism,
or another neurological or other condition of an individual
found by the secretary to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, which disability originates
before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which
constitutes a substantial handicap to the individual.
(7) "Guardian" means the person or agency that: (a) Has
been appointed as the guardian of a child in a legal proceeding other than a proceeding under this chapter; and (b) has the
legal right to custody of the child pursuant to such appointment. The term "guardian" shall not include a "dependency
guardian" appointed pursuant to a proceeding under this
chapter.
(8) "Guardian ad litem" means a person, appointed by
the court to represent the best interests of a child in a proceeding under this chapter, or in any matter which may be consolidated with a proceeding under this chapter. A "courtappointed special advocate" appointed by the court to be the
guardian ad litem for the child, or to perform substantially the
same duties and functions as a guardian ad litem, shall be
deemed to be guardian ad litem for all purposes and uses of
this chapter.
(9) "Guardian ad litem program" means a court-authorized volunteer program, which is or may be established by
the superior court of the county in which such proceeding is
[2003 RCW Supp—page 117]
13.34.115
Title 13 RCW: Juvenile Courts and Juvenile Offenders
filed, to manage all aspects of volunteer guardian ad litem
representation for children alleged or found to be dependent.
Such management shall include but is not limited to: Recruitment, screening, training, supervision, assignment, and discharge of volunteers.
(10) "Indigent" means a person who, at any stage of a
court proceeding, is:
(a) Receiving one of the following types of public assistance: Temporary assistance for needy families, general
assistance, poverty-related veterans' benefits, food stamps or
food stamp benefits transferred electronically, refugee resettlement benefits, medicaid, or supplemental security income;
or
(b) Involuntarily committed to a public mental health
facility; or
(c) Receiving an annual income, after taxes, of one hundred twenty-five percent or less of the federally established
poverty level; or
(d) Unable to pay the anticipated cost of counsel for the
matter before the court because his or her available funds are
insufficient to pay any amount for the retention of counsel.
(11) "Out-of-home care" means placement in a foster
family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the
child's parent, guardian, or legal custodian, not required to be
licensed pursuant to chapter 74.15 RCW.
(12) "Preventive services" means preservation services,
as defined in chapter 74.14C RCW, and other reasonably
available services, including housing services, capable of
preventing the need for out-of-home placement while protecting the child. Housing services may include, but are not
limited to, referrals to federal, state, local, or private agencies
or organizations, assistance with forms and applications, or
financial subsidies for housing.
(13) "Shelter care" means temporary physical care in a
facility licensed pursuant to RCW 74.15.030 or in a home not
required to be licensed pursuant to RCW 74.15.030.
(14) "Sibling" means a child's birth brother, birth sister,
adoptive brother, adoptive sister, half-brother, or half-sister,
or as defined by the law or custom of the Indian child's tribe
for an Indian child as defined in 25 U.S.C. Sec. 1903(4).
(15) "Social study" means a written evaluation of matters
relevant to the disposition of the case and shall contain the
following information:
(a) A statement of the specific harm or harms to the child
that intervention is designed to alleviate;
(b) A description of the specific services and activities,
for both the parents and child, that are needed in order to prevent serious harm to the child; the reasons why such services
and activities are likely to be useful; the availability of any
proposed services; and the agency's overall plan for ensuring
that the services will be delivered. The description shall
identify the services chosen and approved by the parent;
(c) If removal is recommended, a full description of the
reasons why the child cannot be protected adequately in the
home, including a description of any previous efforts to work
with the parents and the child in the home; the in-home treatment programs that have been considered and rejected; the
preventive services that have been offered or provided and
have failed to prevent the need for out-of-home placement,
unless the health, safety, and welfare of the child cannot be
[2003 RCW Supp—page 118]
protected adequately in the home; and the parents' attitude
toward placement of the child;
(d) A statement of the likely harms the child will suffer
as a result of removal;
(e) A description of the steps that will be taken to minimize the harm to the child that may result if separation occurs
including an assessment of the child's relationship and emotional bond with any siblings, and the agency's plan to provide ongoing contact between the child and the child's siblings if appropriate; and
(f) Behavior that will be expected before determination
that supervision of the family or placement is no longer necessary. [2003 c 227 § 2; 2002 c 52 § 3; 2000 c 122 § 1; 1999
c 267 § 6; 1998 c 130 § 1; 1997 c 386 § 7; 1995 c 311 § 23;
1994 c 288 § 1; 1993 c 241 § 1; 1988 c 176 § 901; 1987 c 524
§ 3; 1983 c 311 § 2; 1982 c 129 § 4; 1979 c 155 § 37; 1977
ex.s. c 291 § 31.]
Intent—2003 c 227: See note following RCW 13.34.130.
Intent—2002 c 52: See note following RCW 13.34.025.
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
Conflict with federal requirements—1993 c 241: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and this finding does not affect the operation
of the remainder of this act in its application to the agencies concerned. The
rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [1993 c 241 § 5.]
Severability—1988 c 176: See RCW 71A.10.900.
Legislative finding—1983 c 311: "The legislature finds that in order
for the state to receive federal funds for family foster care under Title IV-B
and Title IV-E of the social security act, all children in family foster care
must be subjected to periodic court review. Unfortunately, this includes children who are developmentally disabled and who are placed in family foster
care solely because their parents have determined that the children's service
needs require out-of-home placement. Except for providing such needed
services, the parents of these children are completely competent to care for
the children. The legislature intends by this act to minimize the embarrassment and inconvenience of developmentally disabled persons and their families caused by complying with these federal requirements." [1983 c 311 §
1.]
Severability—1982 c 129: See note following RCW 9A.04.080.
Effective date—Severability—1979 c 155: See notes following RCW
13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following
RCW 13.04.005.
13.34.115
13.34.115 Hearings—Public excluded when in the
best interests of the child—Notes and records—Video
recordings. (1) All hearings shall be public, and conducted
at any time or place within the limits of the county, except if
the judge finds that excluding the public is in the best interests of the child.
(2) Either parent, or the child's attorney or guardian ad
litem, may move to close a hearing at any time. If the judge
finds that it is in the best interests of the child the court shall
exclude the public.
(3) If the public is excluded from the hearing, the following people may attend the closed hearing unless the judge
finds it is not in the best interests of the child:
(a) The child's relatives;
(b) The child's foster parents if the child resides in foster
care; and
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
(c) Any person requested by the parent.
(4) Stenographic notes or any device which accurately
records the proceedings may be required as provided in other
civil cases pursuant to RCW 2.32.200.
(5) Any video recording of the proceedings may be
released pursuant to RCW 13.50.100, however, the video
recording may not be televised, broadcast, or further disseminated to the public. [2003 c 228 § 1; 2000 c 122 § 12.]
13.34.130
13.34.130 Order of disposition for a dependent child,
alternatives—Petition seeking termination of parentchild relationship—Contact with siblings—Placement
with relatives. If, after a fact-finding hearing pursuant to
RCW 13.34.110, it has been proven by a preponderance of
the evidence that the child is dependent within the meaning of
RCW 13.34.030 after consideration of the social study prepared pursuant to RCW 13.34.110 and after a disposition
hearing has been held pursuant to RCW 13.34.110, the court
shall enter an order of disposition pursuant to this section.
(1) The court shall order one of the following dispositions of the case:
(a) Order a disposition other than removal of the child
from his or her home, which shall provide a program
designed to alleviate the immediate danger to the child, to
mitigate or cure any damage the child has already suffered,
and to aid the parents so that the child will not be endangered
in the future. In determining the disposition, the court should
choose those services, including housing assistance, that least
interfere with family autonomy and are adequate to protect
the child.
(b) Order the child to be removed from his or her home
and into the custody, control, and care of a relative or the
department or a licensed child placing agency for placement
in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be
licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause to believe that the health, safety, or welfare of
the child would be jeopardized or that efforts to reunite the
parent and child will be hindered, such child shall be placed
with a person who is: (i) Related to the child as defined in
RCW 74.15.020(2)(a) with whom the child has a relationship
and is comfortable; and (ii) willing and available to care for
the child.
(2) Placement of the child with a relative under this subsection shall be given preference by the court. An order for
out-of-home placement may be made only if the court finds
that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home
and to make it possible for the child to return home, specifying the services that have been provided to the child and the
child's parent, guardian, or legal custodian, and that preventive services have been offered or provided and have failed to
prevent the need for out-of-home placement, unless the
health, safety, and welfare of the child cannot be protected
adequately in the home, and that:
(a) There is no parent or guardian available to care for
such child;
(b) The parent, guardian, or legal custodian is not willing
to take custody of the child; or
(c) The court finds, by clear, cogent, and convincing evidence, a manifest danger exists that the child will suffer seri-
13.34.130
ous abuse or neglect if the child is not removed from the
home and an order under RCW 26.44.063 would not protect
the child from danger.
(3) If the court has ordered a child removed from his or
her home pursuant to subsection (1)(b) of this section, the
court shall consider whether it is in a child's best interest to be
placed with, have contact with, or have visits with siblings.
(a) There shall be a presumption that such placement,
contact, or visits are in the best interests of the child provided
that:
(i) The court has jurisdiction over all siblings subject to
the order of placement, contact, or visitation pursuant to petitions filed under this chapter or the parents of a child for
whom there is no jurisdiction are willing to agree; and
(ii) There is no reasonable cause to believe that the
health, safety, or welfare of any child subject to the order of
placement, contact, or visitation would be jeopardized or that
efforts to reunite the parent and child would be hindered by
such placement, contact, or visitation. In no event shall
parental visitation time be reduced in order to provide sibling
visitation.
(b) The court may also order placement, contact, or visitation of a child with a step-brother or step-sister provided
that in addition to the factors in (a) of this subsection, the
child has a relationship and is comfortable with the step-sibling.
(4) If the court has ordered a child removed from his or
her home pursuant to subsection (1)(b) of this section, the
court may order that a petition seeking termination of the parent and child relationship be filed if the requirements of RCW
13.34.132 are met.
(5) If there is insufficient information at the time of the
disposition hearing upon which to base a determination
regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall
direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and
report the results of such investigation to the court within
thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before
placement, but as soon as possible after placement. Any
placements with relatives, pursuant to this section, shall be
contingent upon cooperation by the relative with the agency
case plan and compliance with court orders related to the care
and supervision of the child including, but not limited to,
court orders regarding parent-child contacts, sibling contacts,
and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for
removal of the child from the relative's home, subject to
review by the court. [2003 c 227 § 3; 2002 c 52 § 5; 2000 c
122 § 15. Prior: 1999 c 267 § 16; 1999 c 267 § 9; 1999 c 173
§ 3; prior: 1998 c 314 § 2; 1998 c 130 § 2; 1997 c 280 § 1;
prior: 1995 c 313 § 2; 1995 c 311 § 19; 1995 c 53 § 1; 1994
c 288 § 4; 1992 c 145 § 14; 1991 c 127 § 4; prior: 1990 c 284
§ 32; 1990 c 246 § 5; 1989 1st ex.s. c 17 § 17; prior: 1988 c
194 § 1; 1988 c 190 § 2; 1988 c 189 § 2; 1984 c 188 § 4; prior:
1983 c 311 § 5; 1983 c 246 § 2; 1979 c 155 § 46; 1977 ex.s. c
291 § 41.]
Intent—2003 c 227: "It is the intent of the legislature to recognize the
importance of emotional ties formed by siblings with each other, especially
[2003 RCW Supp—page 119]
13.34.136
Title 13 RCW: Juvenile Courts and Juvenile Offenders
in those circumstances which warrant court intervention into family relationships. It is the intent of the legislature to encourage the courts and public
agencies which deal with families to acknowledge and give thoughtful consideration to the quality and nature of sibling relationships when intervening
in family relationships. It is not the intent of the legislature to create legal
obligations or responsibilities between siblings and other family members
whether by blood or marriage, step families, foster families, or adopted families that do not already exist. Neither is it the intent of the legislature to
mandate sibling placement, contact, or visitation if there is reasonable cause
to believe that the health, safety, or welfare of a child or siblings would be
jeopardized. Finally, it is not the intent of the legislature to manufacture or
anticipate family relationships which do not exist at the time of the court
intervention, or to disrupt already existing positive family relationships."
[2003 c 227 § 1.]
Intent—2002 c 52: See note following RCW 13.34.025.
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
Short title—Purpose—Entitlement not granted—Federal waivers—1999 c 267 §§ 10-26: See RCW 74.15.900 and 74.15.901.
Severability—1999 c 173: See note following RCW 13.34.125.
Finding—Effective date—1990 c 284: See notes following RCW
74.13.250.
Severability—1990 c 246: See note following RCW 13.34.060.
Legislative finding—1983 c 311: See note following RCW 13.34.030.
Effective date—Severability—1979 c 155: See notes following RCW
13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following
RCW 13.04.005.
13.34.136
13.34.136 Permanency plan of care. (1) Whenever a
child is ordered removed from the child's home, the agency
charged with his or her care shall provide the court with:
(a) A permanency plan of care that shall identify one of
the following outcomes as a primary goal and may identify
additional outcomes as alternative goals: Return of the child
to the home of the child's parent, guardian, or legal custodian;
adoption; guardianship; permanent legal custody; long-term
relative or foster care, until the child is age eighteen, with a
written agreement between the parties and the care provider;
successful completion of a responsible living skills program;
or independent living, if appropriate and if the child is age
sixteen or older. The department shall not discharge a child
to an independent living situation before the child is eighteen
years of age unless the child becomes emancipated pursuant
to chapter 13.64 RCW;
(b) Unless the court has ordered, pursuant to RCW
13.34.130(4), that a termination petition be filed, a specific
plan as to where the child will be placed, what steps will be
taken to return the child home, what steps the agency will
take to promote existing appropriate sibling relationships
and/or facilitate placement together or contact in accordance
with the best interests of each child, and what actions the
agency will take to maintain parent-child ties. All aspects of
the plan shall include the goal of achieving permanence for
the child.
(i) The agency plan shall specify what services the parents will be offered to enable them to resume custody, what
requirements the parents must meet to resume custody, and a
time limit for each service plan and parental requirement.
(ii) The agency shall encourage the maximum parent and
child and sibling contact possible, including regular visitation
and participation by the parents in the care of the child while
the child is in placement. Visitation may be limited or denied
[2003 RCW Supp—page 120]
only if the court determines that such limitation or denial is
necessary to protect the child's health, safety, or welfare.
(iii) A child shall be placed as close to the child's home
as possible, preferably in the child's own neighborhood,
unless the court finds that placement at a greater distance is
necessary to promote the child's or parents' well-being.
(iv) The agency charged with supervising a child in
placement shall provide all reasonable services that are available within the agency, or within the community, or those
services which the department has existing contracts to purchase. It shall report to the court if it is unable to provide
such services; and
(c) If the court has ordered, pursuant to RCW
13.34.130(4), that a termination petition be filed, a specific
plan as to where the child will be placed, what steps will be
taken to achieve permanency for the child, services to be
offered or provided to the child, and, if visitation would be in
the best interests of the child, a recommendation to the court
regarding visitation between parent and child pending a factfinding hearing on the termination petition. The agency shall
not be required to develop a plan of services for the parents or
provide services to the parents if the court orders a termination petition be filed. However, reasonable efforts to ensure
visitation and contact between siblings shall be made unless
there is reasonable cause to believe the best interests of the
child or siblings would be jeopardized.
(2) If the court determines that the continuation of reasonable efforts to prevent or eliminate the need to remove the
child from his or her home or to safely return the child home
should not be part of the permanency plan of care for the
child, reasonable efforts shall be made to place the child in a
timely manner and to complete whatever steps are necessary
to finalize the permanent placement of the child.
(3) The court shall consider the child's relationships with
the child's siblings in accordance with RCW 13.34.130(3).
[2003 c 227 § 4; 2002 c 52 § 6; 2000 c 122 § 18.]
Intent—2003 c 227: See note following RCW 13.34.130.
Intent—2002 c 52: See note following RCW 13.34.025.
13.34.138
13.34.138 Review hearings—Findings—Housing
assistance. (1) Except for children whose cases are reviewed
by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by
the court at least every six months from the beginning date of
the placement episode or the date dependency is established,
whichever is first, at a hearing in which it shall be determined
whether court supervision should continue. The initial
review hearing shall be an in-court review and shall be set six
months from the beginning date of the placement episode or
no more than ninety days from the entry of the disposition
order, whichever comes first. The initial review hearing may
be a permanency planning hearing when necessary to meet
the time frames set forth in RCW 13.34.145(3) or 13.34.134.
The review shall include findings regarding the agency and
parental completion of disposition plan requirements, and if
necessary, revised permanency time limits. This review shall
consider both the agency's and parent's efforts that demonstrate consistent measurable progress over time in meeting
the disposition plan requirements. The requirements for the
initial review hearing, including the in-court requirement,
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
shall be accomplished within existing resources. The supervising agency shall provide a foster parent, preadoptive parent, or relative with notice of, and their right to an opportunity to be heard in, a review hearing pertaining to the child,
but only if that person is currently providing care to that child
at the time of the hearing. This section shall not be construed
to grant party status to any person who has been provided an
opportunity to be heard.
(a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth
in RCW 13.34.130 no longer exists. The parents, guardian,
or legal custodian shall report to the court the efforts they
have made to correct the conditions which led to removal. If
a child is returned, casework supervision shall continue for a
period of six months, at which time there shall be a hearing
on the need for continued intervention.
(b) If the child is not returned home, the court shall
establish in writing:
(i) Whether reasonable services have been provided to or
offered to the parties to facilitate reunion, specifying the services provided or offered;
(ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including
whether consideration and preference has been given to
placement with the child's relatives;
(iii) Whether there is a continuing need for placement
and whether the placement is appropriate;
(iv) Whether there has been compliance with the case
plan by the child, the child's parents, and the agency supervising the placement;
(v) Whether progress has been made toward correcting
the problems that necessitated the child's placement in out-ofhome care;
(vi) Whether the parents have visited the child and any
reasons why visitation has not occurred or has been infrequent;
(vii) Whether additional services, including housing
assistance, are needed to facilitate the return of the child to
the child's parents; if so, the court shall order that reasonable
services be offered specifying such services; and
(viii) The projected date by which the child will be
returned home or other permanent plan of care will be implemented.
(c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship
be filed.
(2) The court's ability to order housing assistance under
RCW 13.34.130 and this section is: (a) Limited to cases in
which homelessness or the lack of adequate and safe housing
is the primary reason for an out-of-home placement; and (b)
subject to the availability of funds appropriated for this specific purpose.
(3) The court shall consider the child's relationship with
siblings in accordance with RCW 13.34.130(3). [2003 c 227
§ 5; 2001 c 332 § 5; 2000 c 122 § 19.]
Intent—2003 c 227: See note following RCW 13.34.130.
13.34.145
13.34.145 Permanency plan required—Permanency
planning hearing—Time limits—Review hearing—Petition for termination of parental rights—Guardianship
petition—Agency responsibility to provide services to
13.34.145
parents—Due process rights. (1) A permanency plan shall
be developed no later than sixty days from the time the supervising agency assumes responsibility for providing services,
including placing the child, or at the time of a hearing under
RCW 13.34.130, whichever occurs first. The permanency
planning process continues until a permanency planning goal
is achieved or dependency is dismissed. The planning process shall include reasonable efforts to return the child to the
parent's home.
(a) Whenever a child is placed in out-of-home care pursuant to RCW 13.34.130, the agency that has custody of the
child shall provide the court with a written permanency plan
of care directed towards securing a safe, stable, and permanent home for the child as soon as possible. The plan shall
identify one of the following outcomes as the primary goal
and may also identify additional outcomes as alternative
goals: Return of the child to the home of the child's parent,
guardian, or legal custodian; adoption; guardianship; permanent legal custody; long-term relative or foster care, until the
child is age eighteen, with a written agreement between the
parties and the care provider; a responsible living skills program; and independent living, if appropriate and if the child
is age sixteen or older and the provisions of subsection (2) of
this section are met.
(b) The identified outcomes and goals of the permanency
plan may change over time based upon the circumstances of
the particular case.
(c) Permanency planning goals should be achieved at the
earliest possible date, preferably before the child has been in
out-of-home care for fifteen months. In cases where parental
rights have been terminated, the child is legally free for adoption, and adoption has been identified as the primary permanency planning goal, it shall be a goal to complete the adoption within six months following entry of the termination
order.
(d) For purposes related to permanency planning:
(i) "Guardianship" means a dependency guardianship, a
legal guardianship pursuant to chapter 11.88 RCW, or equivalent laws of another state or a federally recognized Indian
tribe.
(ii) "Permanent custody order" means a custody order
entered pursuant to chapter 26.10 RCW.
(iii) "Permanent legal custody" means legal custody pursuant to chapter 26.10 RCW or equivalent laws of another
state or of a federally recognized Indian tribe.
(2) Whenever a permanency plan identifies independent
living as a goal, the plan shall also specifically identify the
services that will be provided to assist the child to make a
successful transition from foster care to independent living.
Before the court approves independent living as a permanency plan of care, the court shall make a finding that the provision of services to assist the child in making a transition
from foster care to independent living will allow the child to
manage his or her financial, personal, social, educational, and
nonfinancial affairs. The department shall not discharge a
child to an independent living situation before the child is
eighteen years of age unless the child becomes emancipated
pursuant to chapter 13.64 RCW.
(3) A permanency planning hearing shall be held in all
cases where the child has remained in out-of-home care for at
least nine months and an adoption decree, guardianship
[2003 RCW Supp—page 121]
13.34.200
Title 13 RCW: Juvenile Courts and Juvenile Offenders
order, or permanent custody order has not previously been
entered. The hearing shall take place no later than twelve
months following commencement of the current placement
episode.
(4) Whenever a child is removed from the home of a
dependency guardian or long-term relative or foster care provider, and the child is not returned to the home of the parent,
guardian, or legal custodian but is placed in out-of-home
care, a permanency planning hearing shall take place no later
than twelve months, as provided in subsection (3) of this section, following the date of removal unless, prior to the hearing, the child returns to the home of the dependency guardian
or long-term care provider, the child is placed in the home of
the parent, guardian, or legal custodian, an adoption decree,
guardianship order, or a permanent custody order is entered,
or the dependency is dismissed.
(5) No later than ten working days prior to the permanency planning hearing, the agency having custody of the
child shall submit a written permanency plan to the court and
shall mail a copy of the plan to all parties and their legal
counsel, if any.
(6) At the permanency planning hearing, the court shall
enter findings as required by RCW 13.34.138 and shall
review the permanency plan prepared by the agency. If the
child has resided in the home of a foster parent or relative for
more than six months prior to the permanency planning hearing, the court shall also enter a finding regarding whether the
foster parent or relative was informed of the hearing as
required in RCW 74.13.280 and 13.34.138. If a goal of longterm foster or relative care has been achieved prior to the permanency planning hearing, the court shall review the child's
status to determine whether the placement and the plan for
the child's care remain appropriate. In cases where the primary permanency planning goal has not been achieved, the
court shall inquire regarding the reasons why the primary
goal has not been achieved and determine what needs to be
done to make it possible to achieve the primary goal. In all
cases, the court shall:
(a)(i) Order the permanency plan prepared by the agency
to be implemented; or
(ii) Modify the permanency plan, and order implementation of the modified plan; and
(b)(i) Order the child returned home only if the court
finds that a reason for removal as set forth in RCW 13.34.130
no longer exists; or
(ii) Order the child to remain in out-of-home care for a
limited specified time period while efforts are made to implement the permanency plan.
(7) If the court orders the child returned home, casework
supervision shall continue for at least six months, at which
time a review hearing shall be held pursuant to RCW
13.34.138, and the court shall determine the need for continued intervention.
(8) The juvenile court may hear a petition for permanent
legal custody when: (a) The court has ordered implementation of a permanency plan that includes permanent legal custody; and (b) the party pursuing the permanent legal custody
is the party identified in the permanency plan as the prospective legal custodian. During the pendency of such proceeding, the court shall conduct review hearings and further permanency planning hearings as provided in this chapter. At
[2003 RCW Supp—page 122]
the conclusion of the legal guardianship or permanent legal
custody proceeding, a juvenile court hearing shall be held for
the purpose of determining whether dependency should be
dismissed. If a guardianship or permanent custody order has
been entered, the dependency shall be dismissed.
(9) Continued juvenile court jurisdiction under this chapter shall not be a barrier to the entry of an order establishing a
legal guardianship or permanent legal custody when the
requirements of subsection (8) of this section are met.
(10) Following the first permanency planning hearing,
the court shall hold a further permanency planning hearing in
accordance with this section at least once every twelve
months until a permanency planning goal is achieved or the
dependency is dismissed, whichever occurs first.
(11) Except as provided in RCW 13.34.235, the status of
all dependent children shall continue to be reviewed by the
court at least once every six months, in accordance with
RCW 13.34.138, until the dependency is dismissed. Prior to
the second permanency planning hearing, the agency that has
custody of the child shall consider whether to file a petition
for termination of parental rights.
(12) Nothing in this chapter may be construed to limit
the ability of the agency that has custody of the child to file a
petition for termination of parental rights or a guardianship
petition at any time following the establishment of dependency. Upon the filing of such a petition, a fact-finding hearing shall be scheduled and held in accordance with this chapter unless the agency requests dismissal of the petition prior
to the hearing or unless the parties enter an agreed order terminating parental rights, establishing guardianship, or otherwise resolving the matter.
(13) The approval of a permanency plan that does not
contemplate return of the child to the parent does not relieve
the supervising agency of its obligation to provide reasonable
services, under this chapter, intended to effectuate the return
of the child to the parent, including but not limited to, visitation rights. The court shall consider the child's relationships
with siblings in accordance with RCW 13.34.130.
(14) Nothing in this chapter may be construed to limit
the procedural due process rights of any party in a termination or guardianship proceeding filed under this chapter.
[2003 c 227 § 6. Prior: 2000 c 135 § 4; 2000 c 122 § 20; 1999
c 267 § 17; prior: 1998 c 314 § 3; 1998 c 130 § 3; prior: 1995
c 311 § 20; 1995 c 53 § 2; 1994 c 288 § 5; 1993 c 412 § 1;
1989 1st ex.s. c 17 § 18; 1988 c 194 § 3.]
Intent—2003 c 227: See note following RCW 13.34.130.
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
Short title—Purpose—Entitlement not granted—Federal waivers—1999 c 267 §§ 10-26: See RCW 74.15.900 and 74.15.901.
13.34.200
13.34.200 Order terminating parent and child relationship—Rights of parties when granted. (1) Upon the
termination of parental rights pursuant to RCW 13.34.180, all
rights, powers, privileges, immunities, duties, and obligations, including any rights to custody, control, visitation, or
support existing between the child and parent shall be severed and terminated and the parent shall have no standing to
appear at any further legal proceedings concerning the child:
PROVIDED, That any support obligation existing prior to the
effective date of the order terminating parental rights shall
Juvenile Justice Act of 1977
not be severed or terminated. The rights of one parent may be
terminated without affecting the rights of the other parent and
the order shall so state.
(2) An order terminating the parent and child relationship shall not disentitle a child to any benefit due the child
from any third person, agency, state, or the United States, nor
shall any action under this chapter be deemed to affect any
rights and benefits that an Indian child derives from the
child's descent from a member of a federally recognized
Indian tribe.
(3) An order terminating the parent-child relationship
shall include a statement addressing the status of the child's
sibling relationships and the nature and extent of sibling
placement, contact, or visits. [2003 c 227 § 7; 2000 c 122 §
27; 1977 ex.s. c 291 § 48.]
Intent—2003 c 227: See note following RCW 13.34.130.
Effective dates—Severability—1977 ex.s. c 291: See notes following
RCW 13.04.005.
13.34.210
13.34.210 Order terminating parent and child relationship—Custody where no one has parental rights. If,
upon entering an order terminating the parental rights of a
parent, there remains no parent having parental rights, the
court shall commit the child to the custody of the department
or to a licensed child-placing agency willing to accept custody for the purpose of placing the child for adoption. If an
adoptive home has not been identified, the department or
agency shall place the child in a licensed foster home, or take
other suitable measures for the care and welfare of the child.
The custodian shall have authority to consent to the adoption
of the child consistent with chapter 26.33 RCW, the marriage
of the child, the enlistment of the child in the armed forces of
the United States, necessary surgical and other medical treatment for the child, and to consent to such other matters as
might normally be required of the parent of the child.
If a child has not been adopted within six months after
the date of the order and a guardianship of the child under
RCW 13.34.231 or chapter 11.88 RCW, or a permanent custody order under chapter 26.10 RCW, has not been entered by
the court, the court shall review the case every six months
until a decree of adoption is entered except for those cases
which are reviewed by a citizen review board under chapter
13.70 RCW. The supervising agency shall take reasonable
steps to ensure that the child maintains relationships with siblings as provided in RCW 13.34.130(3) and shall report to the
court the status and extent of such relationships. [2003 c 227
§ 8; 2000 c 122 § 28; 1991 c 127 § 6; 1988 c 203 § 2; 1979 c
155 § 49; 1977 ex.s. c 291 § 49.]
Intent—2003 c 227: See note following RCW 13.34.130.
Effective date—Severability—1979 c 155: See notes following RCW
13.04.011.
such as family constellation, sibling relationships, ethnicity,
and religion shall be considered when matching children to
foster homes. Parental authority is appropriate in areas that
are not connected with the abuse or neglect that resulted in
the dependency and shall be integrated through the foster care
team.
(2) When a child is placed in out-of-home care foster
parents are encouraged to:
(a) Provide consultation to the foster care team based
upon their experience with the child placed in their care;
(b) Assist the birth parents by helping them understand
their child's needs and correlating appropriate parenting
responses;
(c) Participate in educational activities, and enter into
community-building activities with birth families and other
foster families;
(d) Transport children to family time visits with birth
families and assist children and their families in maximizing
the purposefulness of family time.
(3) For purposes of this section, "foster care team" means
the foster parent currently providing care, the currently
assigned social worker, and the parent or parents; and "birth
family" means the persons described in RCW
74.15.020(2)(a). [2003 c 226 § 2; 2002 c 52 § 7; 2000 c 122
§ 32; 1990 c 284 § 25.]
Findings—Intent—2003 c 226: "The legislature finds that a large
group of children spend a significant part of their lives in foster care. Each
individual connected to a child in an out-of-home placement must have an
abiding appreciation of the seriousness of the child's separation from his or
her family and the past, whether that separation is short, long, or permanent
in nature. It is the intent of the legislature to recognize and honor the history
and the family connections that each child brings to an out-of-home placement.
The legislature finds that creating and sanctioning a connection
between a child's birth parents and foster family, when appropriate, can
result in better relationships among birth families, children, foster families,
and social workers. Creating and sanctioning this connection can result in
greater foster placement stability and fewer disruptions for children, as well
as greater satisfaction for foster parents and social workers." [2003 c 226 §
1.]
Intent—2002 c 52: See note following RCW 13.34.025.
Finding—Effective date—1990 c 284: See notes following RCW
74.13.250.
Chapter 13.40
13.34.260 Foster home placement—Parental preferences—Foster parent contact with birth parents encouraged. (1) In an attempt to minimize the inherent intrusion in
the lives of families involved in the foster care system and to
maintain parental authority where appropriate, the department, absent good cause, shall follow the wishes of the natural parent regarding the placement of the child. Preferences
Chapter 13.40 RCW
JUVENILE JUSTICE ACT OF 1977
Sections
13.40.030
13.40.0357
13.40.0357
13.40.070
Effective dates—Severability—1977 ex.s. c 291: See notes following
RCW 13.04.005.
13.34.260
Chapter 13.40
13.40.160
13.40.160
13.40.165
13.40.167
Security guidelines—Legislative review—Limitations on permissible ranges of confinement.
Juvenile offender sentencing standards. (Effective until July 1,
2004.)
Juvenile offender sentencing standards. (Effective July 1,
2004.)
Complaints—Screening—Filing information—Diversion—
Modification of community supervision—Notice to parent
or guardian—Probation counselor acting for prosecutor—
Referral to mediation or reconciliation programs. (Effective
July 1, 2004.)
Disposition order—Court's action prescribed—Disposition
outside standard range—Right of appeal—Special sex
offender disposition alternative. (Effective until July 1,
2004.)
Disposition order—Court's action prescribed—Disposition
outside standard range—Right of appeal—Special sex
offender disposition alternative. (Effective July 1, 2004.)
Chemical dependency disposition alternative.
Mental health disposition alternative.
[2003 RCW Supp—page 123]
13.40.030
13.40.169
13.40.193
13.40.265
13.40.430
13.40.460
Title 13 RCW: Juvenile Courts and Juvenile Offenders
Community commitment disposition alternative—Pilot
project. (Expires July 1, 2005.)
Firearms—Length of confinement. (Effective July 1, 2004.)
Firearm, alcohol, and drug violations. (Effective July 1, 2004.)
Disparity in disposition of juvenile offenders—Data collection.
Juvenile rehabilitation programs—Administration.
D
A
Malicious Mischief 3 (<$50 is E class)
(9A.48.090)
E
Tampering with Fire Alarm Apparatus
(9.40.100)
E
Possession of Incendiary Device (9.40.120) B+
A
B+
C+
D+
B+
D+
C+
D+
C+
Assault and Other Crimes Involving
Physical Harm
Assault 1 (9A.36.011)
Assault 2 (9A.36.021)
Assault 3 (9A.36.031)
Assault 4 (9A.36.041)
Drive-By Shooting (9A.36.045)
Reckless Endangerment (9A.36.050)
Promoting Suicide Attempt (9A.36.060)
Coercion (9A.36.070)
Custodial Assault (9A.36.100)
B+
B
B
D
D
E
C
C
D
Burglary and Trespass
Burglary 1 (9A.52.020)
C+
Residential Burglary (9A.52.025)
C
Burglary 2 (9A.52.030)
C
Burglary Tools (Possession of) (9A.52.060) E
Criminal Trespass 1 (9A.52.070)
E
Criminal Trespass 2 (9A.52.080)
E
Mineral Trespass (78.44.330)
C
Vehicle Prowling 1 (9A.52.095)
D
Vehicle Prowling 2 (9A.52.100)
E
E
13.40.030
13.40.030 Security guidelines—Legislative review—
Limitations on permissible ranges of confinement. (1)
The secretary shall submit guidelines pertaining to the nature
of the security to be imposed on youth placed in his or her
custody based on the age, offense(s), and criminal history of
the juvenile offender. Such guidelines shall be submitted to
the legislature for its review no later than November 1st of
each year. The department shall include security status definitions in the security guidelines it submits to the legislature
pursuant to this section.
(2) The permissible ranges of confinement resulting
from a finding of manifest injustice under RCW 13.40.0357
are subject to the following limitations:
(a) Where the maximum term in the range is ninety days
or less, the minimum term in the range may be no less than
fifty percent of the maximum term in the range;
(b) Where the maximum term in the range is greater than
ninety days but not greater than one year, the minimum term
in the range may be no less than seventy-five percent of the
maximum term in the range; and
(c) Where the maximum term in the range is more than
one year, the minimum term in the range may be no less than
eighty percent of the maximum term in the range. [2003 c
207 § 5; 1996 c 232 § 5; 1989 c 407 § 3; 1985 c 73 § 1; 1983
c 191 § 6; 1981 c 299 § 5; 1979 c 155 § 55; 1977 ex.s. c 291
§ 57.]
E
C
Effective dates—1996 c 232: See note following RCW 9.94A.850.
C+
Legislative ratification—1989 c 271: "The legislature ratifies the
juvenile disposition standards commission guidelines submitted to the 1989
legislature and endorses the action to increase penalties for juvenile drug
offenders." [1989 c 271 § 602.]
E
B+
Effective date—1985 c 73: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1985." [1985 c 73 § 3.]
C
Effective date—Severability—1979 c 155: See notes following RCW
13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following
RCW 13.04.005.
E
C
C+
13.40.0357
13.40.0357 Juvenile offender sentencing standards.
(Effective until July 1, 2004.)
DESCRIPTION AND OFFENSE CATEGORY
JUVENILE
DISPOSITION
OFFENSE
CATEGORY DESCRIPTION (RCW CITATION)
JUVENILE DISPOSITION
CATEGORY FOR
ATTEMPT, BAILJUMP,
CONSPIRACY, OR
SOLICITATION
................................................
Arson and Malicious Mischief
A
Arson 1 (9A.48.020)
B+
B
Arson 2 (9A.48.030)
C
C
Reckless Burning 1 (9A.48.040)
D
D
Reckless Burning 2 (9A.48.050)
E
B
Malicious Mischief 1 (9A.48.070)
C
C
Malicious Mischief 2 (9A.48.080)
D
[2003 RCW Supp—page 124]
E
B
C
C
C
B+
C+
D+
E
C+
E
D+
E
D+
Drugs
Possession/Consumption of Alcohol
(66.44.270)
E
Illegally Obtaining Legend Drug
(69.41.020)
D
Sale, Delivery, Possession of Legend Drug
with Intent to Sell (69.41.030)
D+
Possession of Legend Drug (69.41.030)
E
Violation of Uniform Controlled Substances
Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(a)(1) (i) or (ii)) B+
Violation of Uniform Controlled Substances
Act - Nonnarcotic Sale (69.50.401(a)(1)(iii))C
Possession of Marihuana <40 grams
(69.50.401(e))
E
Fraudulently Obtaining Controlled Substance (69.50.403)
C
Sale of Controlled Substance for Profit
(69.50.410)
C+
Unlawful Inhalation (9.47A.020)
E
Violation of Uniform Controlled Substances
Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances
(69.50.401(b)(1) (i) or (ii))
B
Violation of Uniform Controlled Substances
Act - Nonnarcotic Counterfeit Substances
(69.50.401(b)(1) (iii), (iv), (v))
C
Violation of Uniform Controlled Substances
Act - Possession of a Controlled Substance
(69.50.401(d))
C
Violation of Uniform Controlled Substances
Act - Possession of a Controlled Substance
(69.50.401(c))
C
Juvenile Justice Act of 1977
B
B
E
C
D+
D
Firearms and Weapons
Theft of Firearm (9A.56.300)
Possession of Stolen Firearm (9A.56.310)
Carrying Loaded Pistol Without Permit
(9.41.050)
Possession of Firearms by Minor (<18)
(9.41.040(1)(b)(iii))
Possession of Dangerous Weapon
(9.41.250)
Intimidating Another Person by use of
Weapon (9.41.270)
C
A
B+
B+
C+
C
D
D
C
C
E
C
E
B
C
D
C
E
A+
A+
B+
C+
B+
Homicide
Murder 1 (9A.32.030)
Murder 2 (9A.32.050)
Manslaughter 1 (9A.32.060)
Manslaughter 2 (9A.32.070)
Vehicular Homicide (46.61.520)
A
B+
C+
D+
C+
A
B+
C+
Kidnapping
Kidnap 1 (9A.40.020)
Kidnap 2 (9A.40.030)
Unlawful Imprisonment (9A.40.040)
B+
C+
D+
E
B
C
E
B+
B+
Obstructing Governmental Operation
Obstructing a Law Enforcement Officer
(9A.76.020)
Resisting Arrest (9A.76.040)
Introducing Contraband 1 (9A.76.140)
Introducing Contraband 2 (9A.76.150)
Introducing Contraband 3 (9A.76.160)
Intimidating a Public Servant (9A.76.180)
Intimidating a Witness (9A.72.110)
E
E
C
D
E
C+
C+
C+
D+
E
E
Public Disturbance
Riot with Weapon (9A.84.010)
Riot Without Weapon (9A.84.010)
Failure to Disperse (9A.84.020)
Disorderly Conduct (9A.84.030)
E
B+
C
D
E
C
C
D+
E
E
E
D
B+
C+
E
B+
AB
Sex Crimes
Rape 1 (9A.44.040)
Rape 2 (9A.44.050)
Rape 3 (9A.44.060)
Rape of a Child 1 (9A.44.073)
Rape of a Child 2 (9A.44.076)
Incest 1 (9A.64.020(1))
Incest 2 (9A.64.020(2))
Indecent Exposure (Victim <14)
(9A.88.010)
Indecent Exposure (Victim 14 or over)
(9A.88.010)
Promoting Prostitution 1 (9A.88.070)
Promoting Prostitution 2 (9A.88.080)
O & A (Prostitution) (9A.88.030)
Indecent Liberties (9A.44.100)
Child Molestation 1 (9A.44.083)
Child Molestation 2 (9A.44.086)
E
C+
D+
E
C+
B+
C+
B
C
D
B
Theft, Robbery, Extortion, and Forgery
Theft 1 (9A.56.030)
Theft 2 (9A.56.040)
Theft 3 (9A.56.050)
Theft of Livestock (9A.56.080)
C
D
E
C
A
AC+
AB+
B
C
D+
E
E
D
B
C
C
D
E
A
B
C
B+
B+
D+
B+
C+
C
D
D
E
V
E
13.40.0357
Forgery (9A.60.020)
D
Robbery 1 (9A.56.200)
B+
Robbery 2 (9A.56.210)
C+
Extortion 1 (9A.56.120)
C+
Extortion 2 (9A.56.130)
D+
Identity Theft 1 (9.35.020(2)(a))
D
Identity Theft 2 (9.35.020(2)(b))
E
Improperly Obtaining Financial Information
(9.35.010)
E
Possession of Stolen Property 1 (9A.56.150)C
Possession of Stolen Property 2 (9A.56.160)D
Possession of Stolen Property 3 (9A.56.170)E
Taking Motor Vehicle Without Permission 1
and 2 (9A.56.070 (1) and (2))
D
Motor Vehicle Related Crimes
Driving Without a License (46.20.005)
Hit and Run - Death (46.52.020(4)(a))
Hit and Run - Injury (46.52.020(4)(b))
Hit and Run-Attended (46.52.020(5))
Hit and Run-Unattended (46.52.010)
Vehicular Assault (46.61.522)
Attempting to Elude Pursuing Police Vehicle (46.61.024)
Reckless Driving (46.61.500)
Driving While Under the Influence
(46.61.502 and 46.61.504)
E
C+
D
E
E
D
D
E
E
Other
Bomb Threat (9.61.160)
C
Escape 11 (9A.76.110)
C
C
Escape 21 (9A.76.120)
Escape 3 (9A.76.130)
E
Obscene, Harassing, Etc., Phone Calls
(9.61.230)
E
Other Offense Equivalent to an Adult Class
A Felony
B+
Other Offense Equivalent to an Adult Class
B Felony
C
Other Offense Equivalent to an Adult Class
C Felony
D
Other Offense Equivalent to an Adult Gross
Misdemeanor
E
Other Offense Equivalent to an Adult Misdemeanor
E
Violation of Order of Restitution, Community Supervision, or Confinement
(13.40.200)2
V
Escape 1 and 2 and Attempted Escape 1 and 2 are classed as
C offenses and the standard range is established as follows:
1
1st escape or attempted escape during 12-month period 4 weeks confinement
2nd escape or attempted escape during 12-month period
- 8 weeks confinement
3rd and subsequent escape or attempted escape during
12-month period - 12 weeks confinement
If the court finds that a respondent has violated terms of an
order, it may impose a penalty of up to 30 days of confinement.
2
[2003 RCW Supp—page 125]
13.40.0357
Title 13 RCW: Juvenile Courts and Juvenile Offenders
JUVENILE SENTENCING STANDARDS
This schedule must be used for juvenile offenders. The court
may select sentencing option A, B, C, D, or RCW 13.40.167.
OPTION A
JUVENILE OFFENDER
SENTENCING GRID
STANDARD RANGE
A+
180 WEEKS TO AGE 21 YEARS
A
103 WEEKS TO 129 WEEKS
A-
15-36
WEEKS
EXCEPT
30-40
WEEKS FOR
15-17
YEAR OLDS
Current B+
Offense
Category
B
C+
52-65
WEEKS
80-100
WEEKS
103-129
WEEKS
15-36
WEEKS
52-65
WEEKS
80-100 103-129
WEEKS WEEKS
LOCAL
SANCTIONS (LS)
15-36 WEEKS
52-65
WEEKS
LS
15-36 WEEKS
C
LS
D+
LS
D
LS
E
15-36 WEEKS
Local Sanctions:
0 to 30 Days
0 to 12 Months Community Supervision
0 to 150 Hours Community Restitution
$0 to $500 Fine
LS
0
1
2
3
4
or more
PRIOR ADJUDICATIONS
NOTE: References in the grid to days or weeks mean periods
of confinement.
(1) The vertical axis of the grid is the current offense category. The current offense category is determined by the
offense of adjudication.
(2) The horizontal axis of the grid is the number of prior
adjudications included in the juvenile's criminal history.
Each prior felony adjudication shall count as one point. Each
prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be
rounded down.
(3) The standard range disposition for each offense is
determined by the intersection of the column defined by the
prior adjudications and the row defined by the current offense
category.
(4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.
(5) A current offense that is a violation is equivalent to
an offense category of E. However, a disposition for a violation shall not include confinement.
OR
OPTION B
SUSPENDED DISPOSITION ALTERNATIVE
(1) If the offender is subject to a standard range disposition involving confinement by the department, the court may
impose the standard range and suspend the disposition on
[2003 RCW Supp—page 126]
condition that the offender comply with one or more local
sanctions and any educational or treatment requirement. The
treatment programs provided to the offender must be
research-based best practice programs as identified by the
Washington state institute for public policy or the joint legislative audit and review committee.
(2) If the offender fails to comply with the suspended
disposition, the court may impose sanctions pursuant to
RCW 13.40.200 or may revoke the suspended disposition
and order the disposition's execution.
(3) An offender is ineligible for the suspended disposition option under this section if the offender is:
(a) Adjudicated of an A+ offense;
(b) Fourteen years of age or older and is adjudicated of
one or more of the following offenses:
(i) A class A offense, or an attempt, conspiracy, or solicitation to commit a class A offense;
(ii) Manslaughter in the first degree (RCW 9A.32.060);
or
(iii) Assault in the second degree (RCW 9A.36.021),
extortion in the first degree (RCW 9A.56.120), kidnapping in
the second degree (RCW 9A.40.030), robbery in the second
degree (RCW 9A.56.210), residential burglary (RCW
9A .5 2 .0 2 5) , bu r glar y in th e seco nd deg r ee (R CW
9A.52.030), drive-by shooting (RCW 9A.36.045), vehicular
homicide (RCW 46.61.520), hit and run death (RCW
46.52.020(4)(a)), intimidating a witness (RCW 9A.72.110),
violation of the uniform controlled substances act (*RCW
69.50.401(a)(1) (i) or (ii)), or manslaughter 2 (RCW
9A.32.070), when the offense includes infliction of bodily
harm upon another or when during the commission or immediate withdrawal from the offense the respondent was armed
with a deadly weapon;
(c) Ordered to serve a disposition for a firearm violation
under RCW 13.40.193; or
(d) Adjudicated of a sex offense as defined in RCW
9.94A.030.
OR
OPTION C
CHEMICAL DEPENDENCY
DISPOSITION ALTERNATIVE
If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement
and has not committed an A- or B+ offense, the court may
impose a disposition under RCW 13.40.160(4) and
13.40.165.
OR
OPTION D
MANIFEST INJUSTICE
If the court determines that a disposition under option A, B,
or C would effectuate a manifest injustice, the court shall
impose a disposition outside the standard range under RCW
13.40.160(2). [2003 c 378 § 2; 2003 c 335 § 6. Prior: 2002
c 324 § 3; 2002 c 175 § 20; 2001 c 217 § 13; 2000 c 66 § 3;
1998 c 290 § 5; prior: 1997 c 338 § 12; (1997 c 338 § 11
expired July 1, 1998); 1997 c 66 § 6; 1996 c 205 § 6; 1995 c
395 § 3; 1994 sp.s. c 7 § 522; 1989 c 407 § 7.]
Reviser's note: *(1) RCW 69.50.401 was amended by 2003 c 53 § 331,
effective July 1, 2004, changing subsection (a)(1)(i) and (ii) to subsection
Juvenile Justice Act of 1977
(2)(a) and (b).
(2) This section was amended by 2003 c 335 § 6 and by 2003 c 378 §
2, each without reference to the other. Both amendments are incorporated in
the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Study and report—2002 c 324: See note following RCW 9A.56.070.
Effective date—2002 c 175: See note following RCW 7.80.130.
Captions not law—2001 c 217: See note following RCW 9.35.005.
Application—Effective date—Severability—1998 c 290: See notes
following RCW 69.50.401.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Finding—Evaluation—Report—1997 c 338: "The legislature finds it
critical to evaluate the effectiveness of the revisions made in this act to juvenile sentencing for purposes of measuring improvements in public safety and
reduction of recidivism.
To accomplish this evaluation, the Washington state institute for public
policy shall conduct a study of the sentencing revisions. The study shall: (1)
Be conducted starting January 1, 2001; (2) examine whether the revisions
have affected the rate of initial offense commission and recidivism; (3) determine the impacts of the revisions by age, race, and gender impacts of the
revisions; (4) compare the utilization and effectiveness of sentencing alternatives and manifest injustice determinations before and after the revisions;
and (5) examine the impact and effectiveness of changes made in the exclusive original jurisdiction of juvenile court over juvenile offenders.
The institute shall report the results of the study to the governor and
legislature not later than July 1, 2002." [1997 c 338 § 59.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
C+
Custodial Assault (9A.36.100)
B+
B
B
D
D
E
C
C
D
Burglary and Trespass
Burglary 1 (9A.52.020)
C+
Residential Burglary (9A.52.025)
C
Burglary 2 (9A.52.030)
C
Burglary Tools (Possession of) (9A.52.060) E
Criminal Trespass 1 (9A.52.070)
E
Criminal Trespass 2 (9A.52.080)
E
Mineral Trespass (78.44.330)
C
Vehicle Prowling 1 (9A.52.095)
D
Vehicle Prowling 2 (9A.52.100)
E
E
C
C+
E
B+
C
E
13.40.0357
13.40.0357 Juvenile offender sentencing standards.
(Effective July 1, 2004.)
C
DESCRIPTION AND OFFENSE CATEGORY
C+
JUVENILE
DISPOSITION
OFFENSE
CATEGORY DESCRIPTION (RCW CITATION)
JUVENILE DISPOSITION
CATEGORY FOR
ATTEMPT, BAILJUMP,
CONSPIRACY, OR
SOLICITATION
................................................
Arson and Malicious Mischief
A
Arson 1 (9A.48.020)
B+
B
Arson 2 (9A.48.030)
C
C
Reckless Burning 1 (9A.48.040)
D
D
Reckless Burning 2 (9A.48.050)
E
B
Malicious Mischief 1 (9A.48.070)
C
C
Malicious Mischief 2 (9A.48.080)
D
D
Malicious Mischief 3 (9A.48.090(2) (a) and
(c))
E
E
Malicious Mischief 3 (9A.48.090(2)(b))
E
E
Tampering with Fire Alarm Apparatus
(9.40.100)
E
E
Tampering with Fire Alarm Apparatus with
Intent to Commit Arson (9.40.105)
E
A
Possession of Incendiary Device (9.40.120) B+
A
B+
C+
D+
B+
D+
C+
D+
Assault and Other Crimes Involving
Physical Harm
Assault 1 (9A.36.011)
Assault 2 (9A.36.021)
Assault 3 (9A.36.031)
Assault 4 (9A.36.041)
Drive-By Shooting (9A.36.045)
Reckless Endangerment (9A.36.050)
Promoting Suicide Attempt (9A.36.060)
Coercion (9A.36.070)
E
B
C
C
C
B
B
E
C
B+
C+
D+
E
C+
E
D+
E
13.40.0357
D+
D
A+
A+
D+
Drugs
Possession/Consumption of Alcohol
(66.44.270)
E
Illegally Obtaining Legend Drug
(69.41.020)
D
Sale, Delivery, Possession of Legend Drug
with Intent to Sell (69.41.030(2)(a))
D+
Possession of Legend Drug
(69.41.030(2)(b))
E
Violation of Uniform Controlled Substances
Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(2) (a) or (b))
B+
Violation of Uniform Controlled Substances
Act - Nonnarcotic Sale (69.50.401(2)(c)) C
Possession of Marihuana <40 grams
(69.50.4014)
E
Fraudulently Obtaining Controlled Substance (69.50.403)
C
Sale of Controlled Substance for Profit
(69.50.410)
C+
Unlawful Inhalation (9.47A.020)
E
Violation of Uniform Controlled Substances
Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances
(69.50.4011(2) (a) or (b))
B
Violation of Uniform Controlled Substances
Act - Nonnarcotic Counterfeit Substances
(69.50.4011(2) (c), (d), or (e))
C
Violation of Uniform Controlled Substances
Act - Possession of a Controlled Substance
(69.50.4013)
C
Violation of Uniform Controlled Substances
Act - Possession of a Controlled Substance
(69.50.4012)
C
Firearms and Weapons
Theft of Firearm (9A.56.300)
Possession of Stolen Firearm (9A.56.310)
Carrying Loaded Pistol Without Permit
(9.41.050)
Possession of Firearms by Minor (<18)
(9.41.040(2)(a)(iii))
Possession of Dangerous Weapon
(9.41.250)
Intimidating Another Person by use of
Weapon (9.41.270)
E
Homicide
Murder 1 (9A.32.030)
Murder 2 (9A.32.050)
A
B+
C
C
E
C
E
[2003 RCW Supp—page 127]
13.40.0357
Title 13 RCW: Juvenile Courts and Juvenile Offenders
B+
C+
B+
Manslaughter 1 (9A.32.060)
Manslaughter 2 (9A.32.070)
Vehicular Homicide (46.61.520)
A
B+
C+
Kidnapping
Kidnap 1 (9A.40.020)
Kidnap 2 (9A.40.030)
Unlawful Imprisonment (9A.40.040)
B+
C+
D+
E
B
C
E
B+
B+
Obstructing Governmental Operation
Obstructing a Law Enforcement Officer
(9A.76.020)
Resisting Arrest (9A.76.040)
Introducing Contraband 1 (9A.76.140)
Introducing Contraband 2 (9A.76.150)
Introducing Contraband 3 (9A.76.160)
Intimidating a Public Servant (9A.76.180)
Intimidating a Witness (9A.72.110)
E
E
C
D
E
C+
C+
C+
D+
E
E
Public Disturbance
Riot with Weapon (9A.84.010(2)(b))
Riot Without Weapon (9A.84.010(2)(a))
Failure to Disperse (9A.84.020)
Disorderly Conduct (9A.84.030)
C
D+
E
E
E
D
A
AC+
AB+
B
C
D+
E
B+
C+
E
B+
AB
B
C
D
B
C
A
B+
B+
C+
C
D
D
B
C
D
Sex Crimes
Rape 1 (9A.44.040)
Rape 2 (9A.44.050)
Rape 3 (9A.44.060)
Rape of a Child 1 (9A.44.073)
Rape of a Child 2 (9A.44.076)
Incest 1 (9A.64.020(1))
Incest 2 (9A.64.020(2))
Indecent Exposure (Victim <14)
(9A.88.010)
Indecent Exposure (Victim 14 or over)
(9A.88.010)
Promoting Prostitution 1 (9A.88.070)
Promoting Prostitution 2 (9A.88.080)
O & A (Prostitution) (9A.88.030)
Indecent Liberties (9A.44.100)
Child Molestation 1 (9A.44.083)
Child Molestation 2 (9A.44.086)
C+
D+
C+
Taking Motor Vehicle Without Permission 1
and 2 (9A.56.070 and 9A.56.075)
D
Motor Vehicle Related Crimes
Driving Without a License (46.20.005)
Hit and Run - Death (46.52.020(4)(a))
Hit and Run - Injury (46.52.020(4)(b))
Hit and Run-Attended (46.52.020(5))
Hit and Run-Unattended (46.52.010)
Vehicular Assault (46.61.522)
Attempting to Elude Pursuing Police Vehicle (46.61.024)
Reckless Driving (46.61.500)
Driving While Under the Influence
(46.61.502 and 46.61.504)
E
B+
C
D
E
C
C
E
D
A
B
E
V
E
C+
D+
E
C+
B+
C+
Theft, Robbery, Extortion, and Forgery
Theft 1 (9A.56.030)
C
Theft 2 (9A.56.040)
D
Theft 3 (9A.56.050)
E
Theft of Livestock 1 and 2 (9A.56.080 and
9A.56.083)
C
Forgery (9A.60.020)
D
Robbery 1 (9A.56.200)
B+
Robbery 2 (9A.56.210)
C+
Extortion 1 (9A.56.120)
C+
Extortion 2 (9A.56.130)
D+
Identity Theft 1 (9.35.020(2))
D
Identity Theft 2 (9.35.020(3))
E
Improperly Obtaining Financial Information
(9.35.010)
E
Possession of Stolen Property 1 (9A.56.150)C
Possession of Stolen Property 2 (9A.56.160)D
Possession of Stolen Property 3 (9A.56.170)E
C
D
E
E
Escape 1 and 2 and Attempted Escape 1 and 2 are classed as
C offenses and the standard range is established as follows:
1
1st escape or attempted escape during 12-month period 4 weeks confinement
2nd escape or attempted escape during 12-month period
- 8 weeks confinement
3rd and subsequent escape or attempted escape during
12-month period - 12 weeks confinement
If the court finds that a respondent has violated terms of an
order, it may impose a penalty of up to 30 days of confinement.
2
JUVENILE SENTENCING STANDARDS
This schedule must be used for juvenile offenders. The court
may select sentencing option A, B, C, D, or RCW 13.40.167.
OPTION A
JUVENILE OFFENDER
SENTENCING GRID
STANDARD RANGE
A+
180 WEEKS TO AGE 21 YEARS
A
103 WEEKS TO 129 WEEKS
A-
[2003 RCW Supp—page 128]
D
E
Other
Bomb Threat (9.61.160)
C
Escape 11 (9A.76.110)
C
Escape 21 (9A.76.120)
C
Escape 3 (9A.76.130)
E
Obscene, Harassing, Etc., Phone Calls
(9.61.230)
E
Other Offense Equivalent to an Adult Class
A Felony
B+
Other Offense Equivalent to an Adult Class
B Felony
C
Other Offense Equivalent to an Adult Class
C Felony
D
Other Offense Equivalent to an Adult Gross
Misdemeanor
E
Other Offense Equivalent to an Adult Misdemeanor
E
Violation of Order of Restitution, Community Supervision, or Confinement
(13.40.200)2
V
B
C
C
D
E
B+
B+
D+
B+
C+
C
D
E
C+
D
E
E
D
15-36
WEEKS
52-65
WEEKS
80-100
WEEKS
103-129
WEEKS
Juvenile Justice Act of 1977
EXCEPT
30-40
WEEKS FOR
15-17
YEAR OLDS
Current B+
Offense
Category
B
C+
15-36
WEEKS
52-65
WEEKS
80-100 103-129
WEEKS WEEKS
LOCAL
SANCTIONS (LS)
15-36 WEEKS
52-65
WEEKS
LS
15-36 WEEKS
C
LS
D+
LS
D
LS
E
15-36 WEEKS
Local Sanctions:
0 to 30 Days
0 to 12 Months Community Supervision
0 to 150 Hours Community Restitution
$0 to $500 Fine
LS
0
1
2
3
4
or more
PRIOR ADJUDICATIONS
NOTE: References in the grid to days or weeks mean periods
of confinement.
(1) The vertical axis of the grid is the current offense category. The current offense category is determined by the
offense of adjudication.
(2) The horizontal axis of the grid is the number of prior
adjudications included in the juvenile's criminal history.
Each prior felony adjudication shall count as one point. Each
prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be
rounded down.
(3) The standard range disposition for each offense is
determined by the intersection of the column defined by the
prior adjudications and the row defined by the current offense
category.
(4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.
(5) A current offense that is a violation is equivalent to
an offense category of E. However, a disposition for a violation shall not include confinement.
OR
OPTION B
SUSPENDED DISPOSITION ALTERNATIVE
(1) If the offender is subject to a standard range disposition involving confinement by the department, the court may
impose the standard range and suspend the disposition on
condition that the offender comply with one or more local
sanctions and any educational or treatment requirement. The
treatment programs provided to the offender must be
research-based best practice programs as identified by the
Washington state institute for public policy or the joint legislative audit and review committee.
(2) If the offender fails to comply with the suspended
disposition, the court may impose sanctions pursuant to
RCW 13.40.200 or may revoke the suspended disposition
and order the disposition's execution.
(3) An offender is ineligible for the suspended disposition option under this section if the offender is:
(a) Adjudicated of an A+ offense;
13.40.0357
(b) Fourteen years of age or older and is adjudicated of
one or more of the following offenses:
(i) A class A offense, or an attempt, conspiracy, or solicitation to commit a class A offense;
(ii) Manslaughter in the first degree (RCW 9A.32.060);
or
(iii) Assault in the second degree (RCW 9A.36.021),
extortion in the first degree (RCW 9A.56.120), kidnapping in
the second degree (RCW 9A.40.030), robbery in the second
degree (RCW 9A.56.210), residential burglary (RCW
9A .5 2 .0 2 5) , bu r glar y in th e seco nd deg r ee (R CW
9A.52.030), drive-by shooting (RCW 9A.36.045), vehicular
homicide (RCW 46.61.520), hit and run death (RCW
46.52.020(4)(a)), intimidating a witness (RCW 9A.72.110),
violation of the uniform controlled substances act (*RCW
69.50.401(a)(1) (i) or (ii)), or manslaughter 2 (RCW
9A.32.070), when the offense includes infliction of bodily
harm upon another or when during the commission or immediate withdrawal from the offense the respondent was armed
with a deadly weapon;
(c) Ordered to serve a disposition for a firearm violation
under RCW 13.40.193; or
(d) Adjudicated of a sex offense as defined in RCW
9.94A.030.
OR
OPTION C
CHEMICAL DEPENDENCY
DISPOSITION ALTERNATIVE
If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement
and has not committed an A- or B+ offense, the court may
impose a disposition under RCW 13.40.160(4) and
13.40.165.
OR
OPTION D
MANIFEST INJUSTICE
If the court determines that a disposition under option A, B,
or C would effectuate a manifest injustice, the court shall
impose a disposition outside the standard range under RCW
13.40.160(2). [2003 c 378 § 2; 2003 c 335 § 6; 2003 c 53 §
97. Prior: 2002 c 324 § 3; 2002 c 175 § 20; 2001 c 217 § 13;
2000 c 66 § 3; 1998 c 290 § 5; prior: 1997 c 338 § 12; (1997
c 338 § 11 expired July 1, 1998); 1997 c 66 § 6; 1996 c 205 §
6; 1995 c 395 § 3; 1994 sp.s. c 7 § 522; 1989 c 407 § 7.]
Reviser's note: *(1) RCW 69.50.401 was amended by 2003 c 53 § 331,
effective July 1, 2004, changing subsection (a)(1)(i) and (ii) to subsection
(2)(a) and (b).
(2) This section was amended by 2003 c 53 § 97, 2003 c 335 § 6, and
by 2003 c 378 § 2, each without reference to the other. All amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Study and report—2002 c 324: See note following RCW 9A.56.070.
Effective date—2002 c 175: See note following RCW 7.80.130.
Captions not law—2001 c 217: See note following RCW 9.35.005.
Application—Effective date—Severability—1998 c 290: See notes
following RCW 69.50.401.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
[2003 RCW Supp—page 129]
13.40.070
Title 13 RCW: Juvenile Courts and Juvenile Offenders
Finding—Evaluation—Report—1997 c 338: "The legislature finds it
critical to evaluate the effectiveness of the revisions made in this act to juvenile sentencing for purposes of measuring improvements in public safety and
reduction of recidivism.
To accomplish this evaluation, the Washington state institute for public
policy shall conduct a study of the sentencing revisions. The study shall: (1)
Be conducted starting January 1, 2001; (2) examine whether the revisions
have affected the rate of initial offense commission and recidivism; (3) determine the impacts of the revisions by age, race, and gender impacts of the
revisions; (4) compare the utilization and effectiveness of sentencing alternatives and manifest injustice determinations before and after the revisions;
and (5) examine the impact and effectiveness of changes made in the exclusive original jurisdiction of juvenile court over juvenile offenders.
The institute shall report the results of the study to the governor and
legislature not later than July 1, 2002." [1997 c 338 § 59.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
13.40.070
13.40.070 Complaints—Screening—Filing information—Diversion—Modification of community supervision—Notice to parent or guardian—Probation counselor
acting for prosecutor—Referral to mediation or reconciliation programs. (Effective July 1, 2004.) (1) Complaints
referred to the juvenile court alleging the commission of an
offense shall be referred directly to the prosecutor. The prosecutor, upon receipt of a complaint, shall screen the complaint to determine whether:
(a) The alleged facts bring the case within the jurisdiction of the court; and
(b) On a basis of available evidence there is probable
cause to believe that the juvenile did commit the offense.
(2) If the identical alleged acts constitute an offense
under both the law of this state and an ordinance of any city
or county of this state, state law shall govern the prosecutor's
screening and charging decision for both filed and diverted
cases.
(3) If the requirements of subsections (1)(a) and (b) of
this section are met, the prosecutor shall either file an information in juvenile court or divert the case, as set forth in subsections (5), (6), and (7) of this section. If the prosecutor
finds that the requirements of subsection (1)(a) and (b) of this
section are not met, the prosecutor shall maintain a record, for
one year, of such decision and the reasons therefor. In lieu of
filing an information or diverting an offense a prosecutor
may file a motion to modify community supervision where
such offense constitutes a violation of community supervision.
(4) An information shall be a plain, concise, and definite
written statement of the essential facts constituting the
offense charged. It shall be signed by the prosecuting attorney and conform to chapter 10.37 RCW.
(5) Where a case is legally sufficient, the prosecutor shall
file an information with the juvenile court if:
(a) An alleged offender is accused of a class A felony, a
class B felony, an attempt to commit a class B felony, a class
C felony listed in RCW 9.94A.411(2) as a crime against persons or listed in RCW 9A.46.060 as a crime of harassment, or
a class C felony that is a violation of RCW 9.41.080 or
9.41.040(2)(a)(iii); or
(b) An alleged offender is accused of a felony and has a
criminal history of any felony, or at least two gross misdemeanors, or at least two misdemeanors; or
(c) An alleged offender has previously been committed
to the department; or
[2003 RCW Supp—page 130]
(d) An alleged offender has been referred by a diversion
unit for prosecution or desires prosecution instead of diversion; or
(e) An alleged offender has two or more diversion agreements on the alleged offender's criminal history; or
(f) A special allegation has been filed that the offender or
an accomplice was armed with a firearm when the offense
was committed.
(6) Where a case is legally sufficient the prosecutor shall
divert the case if the alleged offense is a misdemeanor or
gross misdemeanor or violation and the alleged offense is the
offender's first offense or violation. If the alleged offender is
charged with a related offense that must or may be filed under
subsections (5) and (7) of this section, a case under this subsection may also be filed.
(7) Where a case is legally sufficient and falls into neither subsection (5) nor (6) of this section, it may be filed or
diverted. In deciding whether to file or divert an offense
under this section the prosecutor shall be guided only by the
length, seriousness, and recency of the alleged offender's
criminal history and the circumstances surrounding the commission of the alleged offense.
(8) Whenever a juvenile is placed in custody or, where
not placed in custody, referred to a diversion interview, the
parent or legal guardian of the juvenile shall be notified as
soon as possible concerning the allegation made against the
juvenile and the current status of the juvenile. Where a case
involves victims of crimes against persons or victims whose
property has not been recovered at the time a juvenile is
referred to a diversion unit, the victim shall be notified of the
referral and informed how to contact the unit.
(9) The responsibilities of the prosecutor under subsections (1) through (8) of this section may be performed by a
juvenile court probation counselor for any complaint referred
to the court alleging the commission of an offense which
would not be a felony if committed by an adult, if the prosecutor has given sufficient written notice to the juvenile court
that the prosecutor will not review such complaints.
(10) The prosecutor, juvenile court probation counselor,
or diversion unit may, in exercising their authority under this
section or RCW 13.40.080, refer juveniles to mediation or
victim offender reconciliation programs. Such mediation or
victim offender reconciliation programs shall be voluntary
for victims. [2003 c 53 § 98; 2001 c 175 § 2; 1997 c 338 § 17;
1994 sp.s. c 7 § 543; 1992 c 205 § 107; 1989 c 407 § 9; 1983
c 191 § 18; 1981 c 299 § 7; 1979 c 155 § 60; 1977 ex.s. c 291
§ 61.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Application—1994 sp.s. c 7 §§ 540-545: See note following RCW
13.50.010.
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
Effective date—Severability—1979 c 155: See notes following RCW
13.04.011.
Juvenile Justice Act of 1977
Effective dates—Severability—1977 ex.s. c 291: See notes following
RCW 13.04.005.
13.40.160
13.40.160 Disposition order—Court's action prescribed—Disposition outside standard range—Right of
appeal—Special sex offender disposition alternative.
(Effective until July 1, 2004.) (1) The standard range disposition for a juvenile adjudicated of an offense is determined
according to RCW 13.40.0357.
(a) When the court sentences an offender to a local sanction as provided in RCW 13.40.0357 option A, the court shall
impose a determinate disposition within the standard ranges,
except as provided in subsection (2), (3), (4), (5), or (6) of this
section. The disposition may be comprised of one or more
local sanctions.
(b) When the court sentences an offender to a standard
range as provided in RCW 13.40.0357 option A that includes
a term of confinement exceeding thirty days, commitment
shall be to the department for the standard range of confinement, except as provided in subsection (2), (3), (4), (5), or (6)
of this section.
(2) If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would
effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option D of
RCW 13.40.0357. The court's finding of manifest injustice
shall be supported by clear and convincing evidence.
A disposition outside the standard range shall be determinate and shall be comprised of confinement or community
supervision, or a combination thereof. When a judge finds a
manifest injustice and imposes a sentence of confinement
exceeding thirty days, the court shall sentence the juvenile to
a maximum term, and the provisions of RCW 13.40.030(2)
shall be used to determine the range. A disposition outside
the standard range is appealable under RCW 13.40.230 by
the state or the respondent. A disposition within the standard
range is not appealable under RCW 13.40.230.
(3) When a juvenile offender is found to have committed
a sex offense, other than a sex offense that is also a serious
violent offense as defined by RCW 9.94A.030, and has no
history of a prior sex offense, the court, on its own motion or
the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to
treatment.
The report of the examination shall include at a minimum the following: The respondent's version of the facts and
the official version of the facts, the respondent's offense history, an assessment of problems in addition to alleged deviant
behaviors, the respondent's social, educational, and employment situation, and other evaluation measures used. The
report shall set forth the sources of the evaluator's information.
The examiner shall assess and report regarding the
respondent's amenability to treatment and relative risk to the
community. A proposed treatment plan shall be provided and
shall include, at a minimum:
(a)(i) Frequency and type of contact between the
offender and therapist;
(ii) Specific issues to be addressed in the treatment and
description of planned treatment modalities;
13.40.160
(iii) Monitoring plans, including any requirements
regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;
(iv) Anticipated length of treatment; and
(v) Recommended crime-related prohibitions.
The court on its own motion may order, or on a motion
by the state shall order, a second examination regarding the
offender's amenability to treatment. The evaluator shall be
selected by the party making the motion. The defendant shall
pay the cost of any second examination ordered unless the
court finds the defendant to be indigent in which case the
state shall pay the cost.
After receipt of reports of the examination, the court
shall then consider whether the offender and the community
will benefit from use of this special sex offender disposition
alternative and consider the victim's opinion whether the
offender should receive a treatment disposition under this
section. If the court determines that this special sex offender
disposition alternative is appropriate, then the court shall
impose a determinate disposition within the standard range
for the offense, or if the court concludes, and enters reasons
for its conclusions, that such disposition would cause a manifest injustice, the court shall impose a disposition under
option D, and the court may suspend the execution of the disposition and place the offender on community supervision for
at least two years. As a condition of the suspended disposition, the court may impose the conditions of community
supervision and other conditions, including up to thirty days
of confinement and requirements that the offender do any one
or more of the following:
(b)(i) Devote time to a specific education, employment,
or occupation;
(ii) Undergo available outpatient sex offender treatment
for up to two years, or inpatient sex offender treatment not to
exceed the standard range of confinement for that offense. A
community mental health center may not be used for such
treatment unless it has an appropriate program designed for
sex offender treatment. The respondent shall not change sex
offender treatment providers or treatment conditions without
first notifying the prosecutor, the probation counselor, and
the court, and shall not change providers without court
approval after a hearing if the prosecutor or probation counselor object to the change;
(iii) Remain within prescribed geographical boundaries
and notify the court or the probation counselor prior to any
change in the offender's address, educational program, or
employment;
(iv) Report to the prosecutor and the probation counselor
prior to any change in a sex offender treatment provider. This
change shall have prior approval by the court;
(v) Report as directed to the court and a probation counselor;
(vi) Pay all court-ordered legal financial obligations, perform community restitution, or any combination thereof;
(vii) Make restitution to the victim for the cost of any
counseling reasonably related to the offense;
(viii) Comply with the conditions of any court-ordered
probation bond; or
(ix) The court shall order that the offender may not
attend the public or approved private elementary, middle, or
high school attended by the victim or the victim's siblings.
[2003 RCW Supp—page 131]
13.40.160
Title 13 RCW: Juvenile Courts and Juvenile Offenders
The parents or legal guardians of the offender are responsible
for transportation or other costs associated with the offender's
change of school that would otherwise be paid by the school
district. The court shall send notice of the disposition and
restriction on attending the same school as the victim or victim's siblings to the public or approved private school the
juvenile will attend, if known, or if unknown, to the approved
private schools and the public school district board of directors of the district in which the juvenile resides or intends to
reside. This notice must be sent at the earliest possible date
but not later than ten calendar days after entry of the disposition.
The sex offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the
court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of
attendance, respondent's compliance with requirements,
treatment activities, the respondent's relative progress in
treatment, and any other material specified by the court at the
time of the disposition.
At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.
Except as provided in this subsection (3), after July 1,
1991, examinations and treatment ordered pursuant to this
subsection shall only be conducted by sex offender treatment
providers certified by the department of health pursuant to
chapter 18.155 RCW. A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health
pursuant to chapter 18.155 RCW if the court finds that: (A)
The offender has already moved to another state or plans to
move to another state for reasons other than circumventing
the certification requirements; (B) no certified providers are
available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (3) and the rules
adopted by the department of health.
If the offender violates any condition of the disposition
or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the disposition or the court
may impose a penalty of up to thirty days' confinement for
violating conditions of the disposition. The court may order
both execution of the disposition and up to thirty days' confinement for the violation of the conditions of the disposition.
The court shall give credit for any confinement time previously served if that confinement was for the offense for
which the suspension is being revoked.
For purposes of this section, "victim" means any person
who has sustained emotional, psychological, physical, or
financial injury to person or property as a direct result of the
crime charged. "Victim" may also include a known parent or
guardian of a victim who is a minor child unless the parent or
guardian is the perpetrator of the offense.
A disposition entered under this subsection (3) is not
appealable under RCW 13.40.230.
(4) If the juvenile offender is subject to a standard range
disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court
may impose the disposition alternative under RCW
13.40.165.
[2003 RCW Supp—page 132]
(5) If a juvenile is subject to a commitment of 15 to 65
weeks of confinement, the court may impose the disposition
alternative under RCW 13.40.167.
(6) When the offender is subject to a standard range
commitment of 15 to 36 weeks and is ineligible for a suspended disposition alternative, a manifest injustice disposition below the standard range, special sex offender disposition alternative, chemical dependency disposition alternative,
or mental health disposition alternative, the court in a county
with a pilot program under RCW 13.40.169 may impose the
disposition alternative under RCW 13.40.169.
(7) RCW 13.40.193 shall govern the disposition of any
juvenile adjudicated of possessing a firearm in violation of
RCW 9.41.040(1)(b)(iii) or any crime in which a special
finding is entered that the juvenile was armed with a firearm.
(8) Whenever a juvenile offender is entitled to credit for
time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of
credit for time served.
(9) Except as provided under subsection (3), (4), (5), or
(6) of this section, or option B of RCW 13.40.0357, or RCW
13.40.127, the court shall not suspend or defer the imposition
or the execution of the disposition.
(10) In no case shall the term of confinement imposed by
the court at disposition exceed that to which an adult could be
subjected for the same offense. [2003 c 378 § 3; 2002 c 175
§ 22; 1999 c 91 § 2. Prior: 1997 c 338 § 25; 1997 c 265 § 1;
1995 c 395 § 7; 1994 sp.s. c 7 § 523; 1992 c 45 § 6; 1990 c 3
§ 302; 1989 c 407 § 4; 1983 c 191 § 8; 1981 c 299 § 13; 1979
c 155 § 68; 1977 ex.s. c 291 § 70.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Severability—1997 c 265: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 265 § 9.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Severability—Application—1992 c 45: See notes following RCW
9.94A.840.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Effective date—Severability—1979 c 155: See notes following RCW
13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following
RCW 13.04.005.
13.40.160
13.40.160 Disposition order—Court's action prescribed—Disposition outside standard range—Right of
appeal—Special sex offender disposition alternative.
(Effective July 1, 2004.) (1) The standard range disposition
for a juvenile adjudicated of an offense is determined according to RCW 13.40.0357.
(a) When the court sentences an offender to a local sanction as provided in RCW 13.40.0357 option A, the court shall
impose a determinate disposition within the standard ranges,
except as provided in subsection (2), (3), (4), (5), or (6) of this
section. The disposition may be comprised of one or more
local sanctions.
Juvenile Justice Act of 1977
(b) When the court sentences an offender to a standard
range as provided in RCW 13.40.0357 option A that includes
a term of confinement exceeding thirty days, commitment
shall be to the department for the standard range of confinement, except as provided in subsection (2), (3), (4), (5), or (6)
of this section.
(2) If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would
effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option D of
RCW 13.40.0357. The court's finding of manifest injustice
shall be supported by clear and convincing evidence.
A disposition outside the standard range shall be determinate and shall be comprised of confinement or community
supervision, or a combination thereof. When a judge finds a
manifest injustice and imposes a sentence of confinement
exceeding thirty days, the court shall sentence the juvenile to
a maximum term, and the provisions of RCW 13.40.030(2)
shall be used to determine the range. A disposition outside
the standard range is appealable under RCW 13.40.230 by
the state or the respondent. A disposition within the standard
range is not appealable under RCW 13.40.230.
(3) When a juvenile offender is found to have committed
a sex offense, other than a sex offense that is also a serious
violent offense as defined by RCW 9.94A.030, and has no
history of a prior sex offense, the court, on its own motion or
the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to
treatment.
The report of the examination shall include at a minimum the following: The respondent's version of the facts and
the official version of the facts, the respondent's offense history, an assessment of problems in addition to alleged deviant
behaviors, the respondent's social, educational, and employment situation, and other evaluation measures used. The
report shall set forth the sources of the evaluator's information.
The examiner shall assess and report regarding the
respondent's amenability to treatment and relative risk to the
community. A proposed treatment plan shall be provided and
shall include, at a minimum:
(a)(i) Frequency and type of contact between the
offender and therapist;
(ii) Specific issues to be addressed in the treatment and
description of planned treatment modalities;
(iii) Monitoring plans, including any requirements
regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;
(iv) Anticipated length of treatment; and
(v) Recommended crime-related prohibitions.
The court on its own motion may order, or on a motion
by the state shall order, a second examination regarding the
offender's amenability to treatment. The evaluator shall be
selected by the party making the motion. The defendant shall
pay the cost of any second examination ordered unless the
court finds the defendant to be indigent in which case the
state shall pay the cost.
After receipt of reports of the examination, the court
shall then consider whether the offender and the community
will benefit from use of this special sex offender disposition
alternative and consider the victim's opinion whether the
13.40.160
offender should receive a treatment disposition under this
section. If the court determines that this special sex offender
disposition alternative is appropriate, then the court shall
impose a determinate disposition within the standard range
for the offense, or if the court concludes, and enters reasons
for its conclusions, that such disposition would cause a manifest injustice, the court shall impose a disposition under
option D, and the court may suspend the execution of the disposition and place the offender on community supervision for
at least two years. As a condition of the suspended disposition, the court may impose the conditions of community
supervision and other conditions, including up to thirty days
of confinement and requirements that the offender do any one
or more of the following:
(b)(i) Devote time to a specific education, employment,
or occupation;
(ii) Undergo available outpatient sex offender treatment
for up to two years, or inpatient sex offender treatment not to
exceed the standard range of confinement for that offense. A
community mental health center may not be used for such
treatment unless it has an appropriate program designed for
sex offender treatment. The respondent shall not change sex
offender treatment providers or treatment conditions without
first notifying the prosecutor, the probation counselor, and
the court, and shall not change providers without court
approval after a hearing if the prosecutor or probation counselor object to the change;
(iii) Remain within prescribed geographical boundaries
and notify the court or the probation counselor prior to any
change in the offender's address, educational program, or
employment;
(iv) Report to the prosecutor and the probation counselor
prior to any change in a sex offender treatment provider. This
change shall have prior approval by the court;
(v) Report as directed to the court and a probation counselor;
(vi) Pay all court-ordered legal financial obligations, perform community restitution, or any combination thereof;
(vii) Make restitution to the victim for the cost of any
counseling reasonably related to the offense;
(viii) Comply with the conditions of any court-ordered
probation bond; or
(ix) The court shall order that the offender may not
attend the public or approved private elementary, middle, or
high school attended by the victim or the victim's siblings.
The parents or legal guardians of the offender are responsible
for transportation or other costs associated with the offender's
change of school that would otherwise be paid by the school
district. The court shall send notice of the disposition and
restriction on attending the same school as the victim or victim's siblings to the public or approved private school the
juvenile will attend, if known, or if unknown, to the approved
private schools and the public school district board of directors of the district in which the juvenile resides or intends to
reside. This notice must be sent at the earliest possible date
but not later than ten calendar days after entry of the disposition.
The sex offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the
court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of
[2003 RCW Supp—page 133]
13.40.165
Title 13 RCW: Juvenile Courts and Juvenile Offenders
attendance, respondent's compliance with requirements,
treatment activities, the respondent's relative progress in
treatment, and any other material specified by the court at the
time of the disposition.
At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.
Except as provided in this subsection (3), after July 1,
1991, examinations and treatment ordered pursuant to this
subsection shall only be conducted by sex offender treatment
providers certified by the department of health pursuant to
chapter 18.155 RCW. A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health
pursuant to chapter 18.155 RCW if the court finds that: (A)
The offender has already moved to another state or plans to
move to another state for reasons other than circumventing
the certification requirements; (B) no certified providers are
available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (3) and the rules
adopted by the department of health.
If the offender violates any condition of the disposition
or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the disposition or the court
may impose a penalty of up to thirty days' confinement for
violating conditions of the disposition. The court may order
both execution of the disposition and up to thirty days' confinement for the violation of the conditions of the disposition.
The court shall give credit for any confinement time previously served if that confinement was for the offense for
which the suspension is being revoked.
For purposes of this section, "victim" means any person
who has sustained emotional, psychological, physical, or
financial injury to person or property as a direct result of the
crime charged. "Victim" may also include a known parent or
guardian of a victim who is a minor child unless the parent or
guardian is the perpetrator of the offense.
A disposition entered under this subsection (3) is not
appealable under RCW 13.40.230.
(4) If the juvenile offender is subject to a standard range
disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court
may impose the disposition alternative under RCW
13.40.165.
(5) If a juvenile is subject to a commitment of 15 to 65
weeks of confinement, the court may impose the disposition
alternative under RCW 13.40.167.
(6) When the offender is subject to a standard range
commitment of 15 to 36 weeks and is ineligible for a suspended disposition alternative, a manifest injustice disposition below the standard range, special sex offender disposition alternative, chemical dependency disposition alternative,
or mental health disposition alternative, the court in a county
with a pilot program under RCW 13.40.169 may impose the
disposition alternative under RCW 13.40.169.
(7) RCW 13.40.193 shall govern the disposition of any
juvenile adjudicated of possessing a firearm in violation of
RCW 9.41.040(2)(a)(iii) or any crime in which a special finding is entered that the juvenile was armed with a firearm.
[2003 RCW Supp—page 134]
(8) Whenever a juvenile offender is entitled to credit for
time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of
credit for time served.
(9) Except as provided under subsection (3), (4), (5), or
(6) of this section, or option B of RCW 13.40.0357, or RCW
13.40.127, the court shall not suspend or defer the imposition
or the execution of the disposition.
(10) In no case shall the term of confinement imposed by
the court at disposition exceed that to which an adult could be
subjected for the same offense. [2003 c 378 § 3; 2003 c 53 §
99; 2002 c 175 § 22; 1999 c 91 § 2. Prior: 1997 c 338 § 25;
1997 c 265 § 1; 1995 c 395 § 7; 1994 sp.s. c 7 § 523; 1992 c
45 § 6; 1990 c 3 § 302; 1989 c 407 § 4; 1983 c 191 § 8; 1981
c 299 § 13; 1979 c 155 § 68; 1977 ex.s. c 291 § 70.]
Reviser's note: This section was amended by 2003 c 53 § 99 and by
2003 c 378 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Severability—1997 c 265: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 265 § 9.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Severability—Application—1992 c 45: See notes following RCW
9.94A.840.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Effective date—Severability—1979 c 155: See notes following RCW
13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following
RCW 13.04.005.
13.40.165
13.40.165 Chemical dependency disposition alternative. (1) The purpose of this disposition alternative is to
ensure that successful treatment options to reduce recidivism
are available to eligible youth, pursuant to RCW 70.96A.520.
The court must consider eligibility for the chemical dependency disposition alternative when a juvenile offender is subject to a standard range disposition of local sanctions or 15 to
36 weeks of confinement and has not committed an A- or B+
offense, other than a first time B+ offense under chapter
69.50 RCW. The court, on its own motion or the motion of
the state or the respondent if the evidence shows that the
offender may be chemically dependent or substance abusing,
may order an examination by a chemical dependency counselor from a chemical dependency treatment facility approved
under chapter 70.96A RCW to determine if the youth is
chemically dependent or substance abusing. The offender
shall pay the cost of any examination ordered under this subsection unless the court finds that the offender is indigent and
no third party insurance coverage is available, in which case
the state shall pay the cost.
(2) The report of the examination shall include at a minimum the following: The respondent's version of the facts
Juvenile Justice Act of 1977
and the official version of the facts, the respondent's offense
history, an assessment of drug-alcohol problems and previous treatment attempts, the respondent's social, educational,
and employment situation, and other evaluation measures
used. The report shall set forth the sources of the examiner's
information.
(3) The examiner shall assess and report regarding the
respondent's relative risk to the community. A proposed
treatment plan shall be provided and shall include, at a minimum:
(a) Whether inpatient and/or outpatient treatment is recommended;
(b) Availability of appropriate treatment;
(c) Monitoring plans, including any requirements
regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;
(d) Anticipated length of treatment; and
(e) Recommended crime-related prohibitions.
(4) The court on its own motion may order, or on a
motion by the state or the respondent shall order, a second
examination. The evaluator shall be selected by the party
making the motion. The requesting party shall pay the cost of
any examination ordered under this subsection unless the
requesting party is the offender and the court finds that the
offender is indigent and no third party insurance coverage is
available, in which case the state shall pay the cost.
(5)(a) After receipt of reports of the examination, the
court shall then consider whether the offender and the community will benefit from use of this chemical dependency
disposition alternative and consider the victim's opinion
whether the offender should receive a treatment disposition
under this section.
(b) If the court determines that this chemical dependency
disposition alternative is appropriate, then the court shall
impose the standard range for the offense, or if the court concludes, and enters reasons for its conclusion, that such disposition would effectuate a manifest injustice, the court shall
impose a disposition above the standard range as indicated in
option D of RCW 13.40.0357 if the disposition is an increase
from the standard range and the confinement of the offender
does not exceed a maximum of fifty-two weeks, suspend execution of the disposition, and place the offender on community supervision for up to one year. As a condition of the suspended disposition, the court shall require the offender to
undergo available outpatient drug/alcohol treatment and/or
inpatient drug/alcohol treatment. For purposes of this section, inpatient treatment may not exceed ninety days. As a
condition of the suspended disposition, the court may impose
conditions of community supervision and other sanctions,
including up to thirty days of confinement, one hundred fifty
hours of community restitution, and payment of legal financial obligations and restitution.
(6) The drug/alcohol treatment provider shall submit
monthly reports on the respondent's progress in treatment to
the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of
attendance, respondent's compliance with requirements,
treatment activities, the respondent's relative progress in
treatment, and any other material specified by the court at the
time of the disposition.
13.40.167
At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.
If the offender violates any condition of the disposition
or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may impose sanctions
pursuant to RCW 13.40.200 or revoke the suspension and
order execution of the disposition. The court shall give credit
for any confinement time previously served if that confinement was for the offense for which the suspension is being
revoked.
(7) For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or
financial injury to person or property as a direct result of the
offense charged.
(8) Whenever a juvenile offender is entitled to credit for
time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of
credit for time served.
(9) In no case shall the term of confinement imposed by
the court at disposition exceed that to which an adult could be
subjected for the same offense.
(10) A disposition under this section is not appealable
under RCW 13.40.230. [2003 c 378 § 6. Prior: 2002 c 175
§ 23; 2002 c 42 § 1; 2001 c 164 § 1; 1997 c 338 § 26.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Effectiveness standards—1997 c 338 § 26: "The University of Washington shall develop standards for measuring effectiveness of treatment programs established under section 26 of this act. The standards shall be developed and presented to the governor and legislature not later than January 1,
1998. The standards shall include methods for measuring success factors
following treatment. Success factors shall include, but need not be limited
to, continued use of alcohol or controlled substances, arrests, violations of
terms of community supervision, and convictions for subsequent offenses."
[1997 c 338 § 27.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
13.40.167
13.40.167 Mental health disposition alternative. (1)
When an offender is subject to a standard range commitment
of 15 to 65 weeks, the court may:
(a) Impose the standard range; or
(b) Suspend the standard range disposition on condition
that the offender complies with the terms of this mental
health disposition alternative.
(2) The court may impose this disposition alternative
when the court finds the following:
(a) The offender has a current diagnosis, consistent with
the American psychiatry association diagnostic and statistical
manual of mental disorders, of axis I psychiatric disorder,
excluding youth that are diagnosed as solely having a conduct disorder, oppositional defiant disorder, substance abuse
disorder, paraphilia, or pedophilia;
(b) An appropriate treatment option is available in the
local community;
(c) The plan for the offender identifies and addresses
requirements for successful participation and completion of
the treatment intervention program including: Incentives and
graduated sanctions designed specifically for amenable
youth, including the use of detention, detoxication, and inpatient or outpatient substance abuse treatment and psychiat[2003 RCW Supp—page 135]
13.40.169
Title 13 RCW: Juvenile Courts and Juvenile Offenders
ric hospitalization, and structured community support consisting of mental health providers, probation, educational and
vocational advocates, child welfare services, and family and
community support. For any mental health treatment ordered
for an offender under this section, the treatment option
selected shall be chosen from among programs which have
been successful in addressing mental health needs of juveniles and successful in mental health treatment of juveniles
and identified as research-based best practice programs. A
list of programs which meet these criteria shall be agreed
upon by: The Washington association of juvenile court
administrators, the juvenile rehabilitation administration of
the department of social and health services, a representative
of the division of public behavioral health and justice policy
at the University of Washington, and the Washington institute for public policy. The list of programs shall be created
not later than July 1, 2003. The group shall provide the list to
all superior courts, its own membership, the legislature, and
the governor. The group shall meet annually and revise the
list as appropriate; and
(d) The offender, offender's family, and community will
benefit from use of the mental health disposition alternative.
(3) The court on its own motion may order, or on motion
by either party, shall order a comprehensive mental health
evaluation to determine if the offender has a designated mental disorder. The court may also order a chemical dependency evaluation to determine if the offender also has a cooccurring chemical dependency disorder. The evaluation
shall include at a minimum the following: The offender's
version of the facts and the official version of the facts, the
offender's offense, an assessment of the offender's mental
health and drug-alcohol problems and previous treatment
attempts, and the offender's social, criminal, educational, and
employment history and living situation.
(4) The evaluator shall determine if the offender is amenable to research-based treatment. A proposed case management and treatment plan shall include at a minimum:
(a) The availability of treatment;
(b) Anticipated length of treatment;
(c) Whether one or more treatment interventions are proposed and the anticipated sequence of those treatment interventions;
(d) The education plan;
(e) The residential plan; and
(f) The monitoring plan.
(5) The court on its own motion may order, or on motion
by either party, shall order a second mental health or chemical dependency evaluation. The party making the motion
shall select the evaluator. The requesting party shall pay the
cost of any examination ordered under this subsection and
subsection (3) of this section unless the court finds the
offender is indigent and no third party insurance coverage is
available, in which case the state shall pay the cost.
(6) Upon receipt of the assessments, evaluations, and
reports the court shall consider whether the offender and the
community will benefit from use of the mental health disposition alternative. The court shall consider the victim's opinion whether the offender should receive the option.
(7) If the court determines that the mental health disposition alternative is appropriate, the court shall impose a standard range disposition of not more than 65 weeks, suspend
[2003 RCW Supp—page 136]
execution of the disposition, and place the offender on community supervision up to one year and impose one or more
other local sanctions. Confinement in a secure county detention facility, other than county group homes, inpatient psychiatric treatment facilities, and substance abuse programs,
shall be limited to thirty days. As a condition of a suspended
disposition, the court shall require the offender to participate
in the recommended treatment interventions.
(8) The treatment providers shall submit monthly reports
to the court and parties on the offender's progress in treatment. The report shall reference the treatment plan and
include at a minimum the following: Dates of attendance,
offender's compliance with requirements, treatment activities, medication management, the offender's relative progress
in treatment, and any other material specified by the court at
the time of the disposition.
(9) If the offender fails to comply with the suspended
disposition, the court may impose sanctions pursuant to
RCW 13.40.200 or may revoke the suspended disposition
and order the disposition's execution.
(10) An offender is ineligible for the mental health disposition option under this section if the offender is adjudicated of a sex or violent offense as defined in RCW
9.94A.030. [2003 c 378 § 4.]
13.40.169
13.40.169 Community commitment disposition alternative—Pilot project. (Expires July 1, 2005.) Any charter
county with a population of not more than seventy thousand
shall establish a pilot program to implement the community
commitment disposition alternative contained in this section.
The pilot project shall be limited to five beds.
(1) When the offender is subject to a standard range
commitment of 15 to 36 weeks and is ineligible for a suspended disposition alternative, a manifest injustice disposition below the standard range, special sex offender disposition alternative, chemical dependency disposition alternative,
or mental health disposition alternative, the court in a county
with a pilot program under this section may impose a community commitment disposition alternative and:
(a) Retain juvenile court jurisdiction over the youth;
(b) Confine the youth in a county detention facility for a
period of time not to exceed thirty days; and
(c) Impose a term of postrelease community supervision
for up to one year.
If the youth receives a standard range disposition, the
court shall set the release date within the standard range. The
court shall determine the release date prior to expiration of
sixty percent of the juvenile's minimum term of confinement.
(2) The court may impose this community commitment
disposition alternative if the court finds the following:
(a) Placement in a local detention facility in close proximity to the youth's family or local support systems will facilitate a smoother reintegration to the youth's family and community;
(b) Placement in the local detention facility will allow
the youth to benefit from locally provided family intervention
programs and other research-based treatment programs,
school, employment, and drug and alcohol or mental health
counseling; or
(c) Confinement in a facility operated by the department
would result in a negative disruption to local services, school,
Juvenile Justice Act of 1977
or employment or impede or delay developing those services
and support systems in the community.
(3) The court shall consider the youth's offense, prior
criminal history, security classification, risk level, and treatment needs and history when determining whether the youth
is appropriate for the community commitment disposition
alternative. If the court finds that a community commitment
disposition alternative is appropriate, the court shall order the
youth into secure detention while the details of the reintegration program are developed.
(4) Upon approval of the treatment and community reintegration plan, the court may order the youth to serve the term
of confinement in one or more of the following placements or
combination of placements: Secure detention, an alternative
to secure detention such as electronic home monitoring,
county group care, day or evening reporting, or home detention. The court may order the youth to serve time in detention
on weekends or intermittently. The court shall set periodic
reviews to review the youth's progress in the program. At
least fifty percent of the term of confinement shall be served
in secure detention.
(5) If the youth violates the conditions of the community
commitment program, the court may impose sanctions under
RCW 13.40.200 or modify the terms of the reintegration plan
and order the youth to serve all or a portion of the remaining
confinement term in secure detention.
(6) A county may enter into interlocal agreements with
other counties to develop joint community commitment programs or to allow one county to send a youth appropriate for
this alternative to another county that has a community commitment program.
(7) Implementation of this alternative is subject to available state funding for the costs of the community commitment program, including costs of detention and community
supervision.
The Washington association of juvenile court administrators shall submit an interim report on the pilot program
established in this section to the legislature and appropriate
committees by December 31, 2004, and submit a final report
to the legislature and the appropriate committees by June 30,
2005.
This section expires July 1, 2005. [2003 c 378 § 5.]
13.40.193
13.40.193 Firearms—Length of confinement. (Effective July 1, 2004.) (1) If a respondent is found to have been
in possession of a firearm in violation of RCW
9.41.040(2)(a)(iii), the court shall impose a minimum disposition of ten days of confinement. If the offender's standard
range of disposition for the offense as indicated in RCW
13.40.0357 is more than thirty days of confinement, the court
shall commit the offender to the department for the standard
range disposition. The offender shall not be released until the
offender has served a minimum of ten days in confinement.
(2) If the court finds that the respondent or an accomplice was armed with a firearm, the court shall determine the
standard range disposition for the offense pursuant to RCW
13.40.160. If the offender or an accomplice was armed with
a firearm when the offender committed any felony other than
possession of a machine gun, possession of a stolen firearm,
drive-by shooting, theft of a firearm, unlawful possession of
a firearm in the first and second degree, or use of a machine
13.40.265
gun in a felony, the following periods of total confinement
must be added to the sentence: For a class A felony, six
months; for a class B felony, four months; and for a class C
felony, two months. The additional time shall be imposed
regardless of the offense's juvenile disposition offense category as designated in RCW 13.40.0357.
(3) When a disposition under this section would effectuate a manifest injustice, the court may impose another disposition. When a judge finds a manifest injustice and imposes
a disposition of confinement exceeding thirty days, the court
shall commit the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the
range. When a judge finds a manifest injustice and imposes
a disposition of confinement less than thirty days, the disposition shall be comprised of confinement or community
supervision or both.
(4) Any term of confinement ordered pursuant to this
section shall run consecutively to any term of confinement
imposed in the same disposition for other offenses. [2003 c
53 § 100; 1997 c 338 § 30; 1994 sp.s. c 7 § 525.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Finding—Intent—Severability—Effective dates—Contingent expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
13.40.265
13.40.265 Firearm, alcohol, and drug violations.
(Effective July 1, 2004.) (1)(a) If a juvenile thirteen years of
age or older is found by juvenile court to have committed an
offense while armed with a firearm or an offense that is a violation of RCW 9.41.040(2)(a)(iii) or chapter 66.44, 69.41,
69.50, or 69.52 RCW, the court shall notify the department of
licensing within twenty-four hours after entry of the judgment.
(b) Except as otherwise provided in (c) of this subsection, upon petition of a juvenile who has been found by the
court to have committed an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court may at any
time the court deems appropriate notify the department of
licensing that the juvenile's driving privileges should be reinstated.
(c) If the offense is the juvenile's first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not
petition the court for reinstatement of the juvenile's privilege
to drive revoked pursuant to RCW 46.20.265 until ninety
days after the date the juvenile turns sixteen or ninety days
after the judgment was entered, whichever is later. If the
offense is the juvenile's second or subsequent violation of
chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may
not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the
date the juvenile turns seventeen or one year after the date
judgment was entered, whichever is later.
(2)(a) If a juvenile enters into a diversion agreement with
a diversion unit pursuant to RCW 13.40.080 concerning an
offense that is a violation of chapter 66.44, 69.41, 69.50, or
69.52 RCW, the diversion unit shall notify the department of
[2003 RCW Supp—page 137]
13.40.430
Title 13 RCW: Juvenile Courts and Juvenile Offenders
licensing within twenty-four hours after the diversion agreement is signed.
(b) If a diversion unit has notified the department pursuant to (a) of this subsection, the diversion unit shall notify the
department of licensing when the juvenile has completed the
agreement. [2003 c 53 § 101; 1997 c 338 § 37; 1994 sp.s. c 7
§ 435; 1989 c 271 § 116; 1988 c 148 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010.
Severability—1989 c 271: See note following RCW 9.94A.510.
Legislative finding—1988 c 148: "The legislature finds that many persons under the age of eighteen unlawfully use intoxicating liquor and controlled substances. The use of these substances by juveniles can cause serious damage to their physical, mental, and emotional well-being, and in some
instances results in life-long disabilities.
The legislature also finds that juveniles who unlawfully use alcohol
and controlled substances frequently operate motor vehicles while under the
influence of and impaired by alcohol or drugs. Juveniles who use these substances often have seriously impaired judgment and motor skills and pose an
unduly high risk of causing injury or death to themselves or other persons on
the public highways.
The legislature also finds that juveniles will be deterred from the
unlawful use of alcohol and controlled substances if their driving privileges
are suspended or revoked for using illegal drugs or alcohol." [1988 c 148 §
1.]
Severability—1988 c 148: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1988 c 148 § 10.]
13.40.430
13.40.430 Disparity in disposition of juvenile offenders—Data collection. The administrator for the courts shall
collect such data as may be necessary to monitor any disparity in processing or disposing of cases involving juvenile
offenders due to economic, gender, geographic, or racial factors that may result from implementation of section 1, chapter
373, Laws of 1993. The administrator for the courts may, in
consultation with juvenile courts, determine a format for the
collection of such data and a schedule for the reporting of
such data and shall keep a minimum of five years of data at
any given time. [2003 c 207 § 13; 1993 c 373 § 2.]
Severability—1993 c 373: See note following RCW 13.40.020.
13.40.460
13.40.460 Juvenile rehabilitation programs—
Administration. The secretary, assistant secretary, or the
secretary's designee shall manage and administer the department's juvenile rehabilitation responsibilities, including but
not limited to the operation of all state institutions or facilities
used for juvenile rehabilitation.
The secretary or assistant secretary shall:
(1) Prepare a biennial budget request sufficient to meet
the confinement and rehabilitative needs of the juvenile rehabilitation program, as forecast by the office of financial management;
(2) Create by rule a formal system for inmate classification. This classification system shall consider:
[2003 RCW Supp—page 138]
(a) Public safety;
(b) Internal security and staff safety;
(c) Rehabilitative resources both within and outside the
department;
(d) An assessment of each offender's risk of sexually
aggressive behavior as provided in RCW 13.40.470; and
(e) An assessment of each offender's vulnerability to
sexually aggressive behavior as provided in RCW 13.40.470;
(3) Develop agreements with local jurisdictions to
develop regional facilities with a variety of custody levels;
(4) Adopt rules establishing effective disciplinary policies to maintain order within institutions;
(5) Develop a comprehensive diagnostic evaluation process to be used at intake, including but not limited to evaluation for substance addiction or abuse, literacy, learning disabilities, fetal alcohol syndrome or effect, attention deficit
disorder, and mental health;
(6) Develop placement criteria:
(a) To avoid assigning youth who present a moderate or
high risk of sexually aggressive behavior to the same sleeping quarters as youth assessed as vulnerable to sexual victimization under RCW 13.40.470(1)(c); and
(b) To avoid placing a juvenile offender on parole status
who has been assessed as a moderate to high risk for sexually
aggressive behavior in a department community residential
program with another child who is: (i) Dependent under
chapter 13.34 RCW, or an at-risk youth or child in need of
services under chapter 13.32A RCW; and (ii) not also a juvenile offender on parole status;
(7) Develop a plan to implement, by July 1, 1995:
(a) Substance abuse treatment programs for all state
juvenile rehabilitation facilities and institutions;
(b) Vocational education and instruction programs at all
state juvenile rehabilitation facilities and institutions; and
(c) An educational program to establish self-worth and
responsibility in juvenile offenders. This educational program shall emphasize instruction in character-building principles such as: Respect for self, others, and authority; victim
awareness; accountability; work ethics; good citizenship; and
life skills; and
(8)(a) The juvenile rehabilitation administration shall
develop uniform policies related to custodial assaults consistent with RCW 72.01.045 and 9A.36.100 that are to be followed in all juvenile rehabilitation administration facilities;
and
(b) The juvenile rehabilitation administration will report
assaults in accordance with the policies developed in (a) of
this subsection. [2003 c 229 § 1; 1999 c 372 § 2; 1997 c 386
§ 54; 1994 sp.s. c 7 § 516.]
Implementation deadline—1997 c 386 § 54: "The policy developed
under RCW 13.40.460(6)(b) shall be implemented within the juvenile rehabilitation administration and the division of children and family services by
July 1, 1998." [1997 c 386 § 55.]
Finding—Intent—1997 c 386 §§ 50-55: See note following RCW
13.40.470.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Keeping and Release of Records by Juvenile Justice or Care Agencies
Chapter 13.50 RCW
KEEPING AND RELEASE OF RECORDS BY
JUVENILE JUSTICE OR CARE AGENCIES
13.50.100
Chapter 13.50
Sections
13.50.100
13.50.100
Records not relating to commission of juvenile offenses—
Maintenance and access—Release of information for child
custody hearings—Disclosure of unfounded allegations prohibited.
13.50.100 Records not relating to commission of
juvenile offenses—Maintenance and access—Release of
information for child custody hearings—Disclosure of
unfounded allegations prohibited. (1) This section governs
records not covered by RCW 13.50.050.
(2) Records covered by this section shall be confidential
and shall be released only pursuant to this section and RCW
13.50.010.
(3) Records retained or produced by any juvenile justice
or care agency may be released to other participants in the
juvenile justice or care system only when an investigation or
case involving the juvenile in question is being pursued by
the other participant or when that other participant is assigned
the responsibility of supervising the juvenile. Records covered under this section and maintained by the juvenile courts
which relate to the official actions of the agency may be
entered in the statewide judicial information system. However, truancy records associated with a juvenile who has no
other case history, and records of a juvenile's parents who
have no other case history, shall be removed from the judicial
information system when the juvenile is no longer subject to
the compulsory attendance laws in chapter 28A.225 RCW. A
county clerk is not liable for unauthorized release of this data
by persons or agencies not in his or her employ or otherwise
subject to his or her control, nor is the county clerk liable for
inaccurate or incomplete information collected from litigants
or other persons required to provide identifying data pursuant
to this section.
(4) Subject to (a) of this subsection, the department of
social and health services may release information retained in
the course of conducting child protective services investigations to a family or juvenile court hearing a petition for custody under chapter 26.10 RCW.
(a) Information that may be released shall be limited to
information regarding investigations in which: (i) The juvenile was an alleged victim of abandonment or abuse or
neglect; or (ii) the petitioner for custody of the juvenile, or
any individual aged sixteen or older residing in the petitioner's household, is the subject of a founded or currently
pending child protective services investigation made by the
department subsequent to October 1, 1998.
(b) Additional information may only be released with the
written consent of the subject of the investigation and the
juvenile alleged to be the victim of abandonment or abuse
and neglect, or the parent, custodian, guardian, or personal
representative of the juvenile, or by court order obtained with
notice to all interested parties.
(5) Any disclosure of records or information by the
department of social and health services pursuant to this section shall not be deemed a waiver of any confidentiality or
privilege attached to the records or information by operation
of any state or federal statute or regulation, and any recipient
of such records or information shall maintain it in such a
manner as to comply with such state and federal statutes and
regulations and to protect against unauthorized disclosure.
(6) A contracting agency or service provider of the
department of social and health services that provides counseling, psychological, psychiatric, or medical services may
release to the office of the family and children's ombudsman
information or records relating to services provided to a juvenile who is dependent under chapter 13.34 RCW without the
consent of the parent or guardian of the juvenile, or of the
juvenile if the juvenile is under the age of thirteen years,
unless such release is otherwise specifically prohibited by
law.
(7) A juvenile, his or her parents, the juvenile's attorney
and the juvenile's parent's attorney, shall, upon request, be
given access to all records and information collected or
retained by a juvenile justice or care agency which pertain to
the juvenile except:
(a) If it is determined by the agency that release of this
information is likely to cause severe psychological or physical harm to the juvenile or his or her parents the agency may
withhold the information subject to other order of the court:
PROVIDED, That if the court determines that limited release
of the information is appropriate, the court may specify terms
and conditions for the release of the information; or
(b) If the information or record has been obtained by a
juvenile justice or care agency in connection with the provision of counseling, psychological, psychiatric, or medical
services to the juvenile, when the services have been sought
voluntarily by the juvenile, and the juvenile has a legal right
to receive those services without the consent of any person or
agency, then the information or record may not be disclosed
to the juvenile's parents without the informed consent of the
juvenile unless otherwise authorized by law; or
(c) That the department of social and health services may
delete the name and identifying information regarding persons or organizations who have reported alleged child abuse
or neglect.
(8) A juvenile or his or her parent denied access to any
records following an agency determination under subsection
(7) of this section may file a motion in juvenile court requesting access to the records. The court shall grant the motion
unless it finds access may not be permitted according to the
standards found in subsection (7)(a) and (b) of this section.
(9) The person making a motion under subsection (8) of
this section shall give reasonable notice of the motion to all
parties to the original action and to any agency whose records
will be affected by the motion.
(10) Subject to the rules of discovery in civil cases, any
party to a proceeding seeking a declaration of dependency or
a termination of the parent-child relationship and any party's
counsel and the guardian ad litem of any party, shall have
access to the records of any natural or adoptive child of the
parent, subject to the limitations in subsection (7) of this section. A party denied access to records may request judicial
review of the denial. If the party prevails, he or she shall be
awarded attorneys' fees, costs, and an amount not less than
five dollars and not more than one hundred dollars for each
day the records were wrongfully denied.
(11) No unfounded allegation of child abuse or neglect
as defined in RCW 26.44.020(12) may be disclosed to a
[2003 RCW Supp—page 139]
Title 14
Title 14 RCW: Aeronautics
child-placing agency, private adoption agency, or any other
licensed provider. [2003 c 105 § 2; 2001 c 162 § 2; 2000 c
162 § 18; 1999 c 390 § 3; 1997 c 386 § 22; 1995 c 311 § 16;
1990 c 246 § 9; 1983 c 191 § 20; 1979 c 155 § 10.]
15.24
15.26
15.28
15.30
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
15.44
15.54
15.58
15.60
15.61
15.65
Severability—1990 c 246: See note following RCW 13.34.060.
Effective date—Severability—1979 c 155: See notes following RCW
13.04.011.
Title 14
Title 14
AERONAUTICS
Chapters
14.20 Aircraft dealers.
Chapter 14.20
Chapter 14.20 RCW
AIRCRAFT DEALERS
Sections
14.20.020
Washington apple commission.
Tree fruit research act.
Soft tree fruits.
Controlled atmosphere storage of fruits and vegetables.
Dairy products commission.
Fertilizers, minerals, and limes.
Washington pesticide control act.
Apiaries.
Ladybugs and other beneficial insects.
Washington state agricultural commodity
boards.
Washington state agricultural commodity commissions.
Weighmasters.
Aquaculture marketing.
Wine commission.
15.66
15.80
15.85
15.88
Chapter 15.17
Chapter 15.17 RCW
STANDARDS OF GRADES AND PACKS
Sections
Aircraft dealer licensure—Penalty. (Effective July 1, 2004.)
15.17.243
District two—Transfer of funds—Control of Rhagoletis
pomonella.
14.20.020
14.20.020 Aircraft dealer licensure—Penalty.
(Effective July 1, 2004.) (1) It is unlawful for a person to act
as an aircraft dealer without a currently valid aircraft dealer's
license issued under this chapter.
(2)(a) Except as provided in (b) of this subsection, a person acting as an aircraft dealer without a currently issued aircraft dealer's license is guilty of a misdemeanor and shall be
punished by either a fine of not more than one thousand dollars or by imprisonment for not more than ninety days, or
both.
(b) A person convicted on a second or subsequent conviction within a five-year period is guilty of a gross misdemeanor and shall be punished by either a fine of not more
than five thousand dollars or by imprisonment for not more
than one year, or both.
(3) In addition to, or in lieu of, the penalties provided in
this section, or as a condition to the suspension of a sentence
that may be imposed under this section, the court in its discretion may prohibit the violator from acting as an aircraft dealer
within the state for such a period as it may determine but not
to exceed one year. Violation of the duly imposed prohibition of the court may be treated as a separate offense under
this section or as contempt of court.
(4) Any person applying for an aircraft dealer's license
shall do so at the office of the secretary on a form provided
for that purpose by the secretary. [2003 c 53 § 102; 1993 c
208 § 2; 1984 c 7 § 10; 1983 c 135 § 1; 1955 c 150 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1984 c 7: See note following RCW 47.01.141.
Title 15
Title 15
15.17.243
15.17.243 District two—Transfer of funds—Control
of Rhagoletis pomonella. The district manager for district
two as defined in WAC 16-458-075 is authorized to transfer
two hundred thousand dollars from the fruit and vegetable
district fund to the plant pest account within the agricultural
local fund. The amount transferred is to be derived from fees
collected for state inspections of tree fruits and is to be used
solely for activities related to the control of Rhagoletis
pomonella in district two. The transfer of funds shall occur
by June 1, 1997. On June 30, 2005, any unexpended portion
of the two hundred thousand dollars shall be transferred to the
fruit and vegetable inspection account and deposited in the
district account for the district that includes Yakima county.
[2003 c 14 § 1; 2002 c 322 § 4; 2001 c 92 § 1; 1999 c 47 § 1;
1997 c 227 § 1.]
Effective date—2003 c 14: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 30, 2003."
[2003 c 14 § 2.]
Effective date—2002 c 322: See note following RCW 15.17.240.
Effective date—2001 c 92: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 30, 2001."
[2001 c 92 § 2.]
Effective date—1999 c 47: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 30, 1999."
[1999 c 47 § 2.]
Effective date—1997 c 227: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 26, 1997]." [1997 c 227 § 3.]
Chapter 15.21
AGRICULTURE AND MARKETING
Chapters
15.17 Standards of grades and packs.
15.21 Washington fresh fruit sales limitation act.
[2003 RCW Supp—page 140]
Chapter 15.21 RCW
WASHINGTON FRESH FRUIT SALES
LIMITATION ACT
Sections
15.21.060
Penalties. (Effective July 1, 2004.)
Washington Apple Commission
15.21.060
15.21.060 Penalties. (Effective July 1, 2004.) (1)
Except as provided in subsection (2) of this section, any person violating the provisions of this chapter is guilty of a misdemeanor.
(2) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a
previous conviction shall be considered a first offense. [2003
c 53 § 103; 1965 c 61 § 6.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 15.24
Chapter 15.24 RCW
WASHINGTON APPLE COMMISSION
(Formerly: Apple advertising commission)
15.28.024
15.28.020
15.28.020 Commission composition—Voting—Quorum. The commission is composed of seventeen voting
members, as follows: Ten producers, four dealers, and two
processors, who are appointed as provided in this chapter.
The director, or an authorized representative, shall be a voting member of the commission. Other sections of this chapter that relate to the selection of voting members shall not
apply to the director or his or her authorized representative.
A majority of the voting members constitute a quorum
for the transaction of any business. [2003 c 396 § 13; 2002 c
313 § 105; 1967 c 191 § 1; 1961 c 11 § 15.28.020. Prior: (i)
1947 c 73 § 2; Rem. Supp. 1947 § 2901-11. (ii) 1947 c 73 §
9; Rem. Supp. 1947 § 2909-18. (iii) 1947 c 73 § 13, part;
Rem. Supp. 1947 § 2909-22, part.]
Effective date—2003 c 396: See note following RCW 15.66.030.
Sections
15.24.200
Effective dates—2002 c 313: See note following RCW 15.65.020.
Penalties. (Effective July 1, 2004.)
15.24.200
15.24.200 Penalties. (Effective July 1, 2004.) (1) Any
person who violates or aids in the violation of any provision
of this chapter is guilty of a gross misdemeanor.
(2) Any person who violates or aids in the violation of
any rule or regulation of the commission is guilty of a misdemeanor. [2003 c 53 § 104; 1961 c 11 § 15.24.200. Prior:
1937 c 195 § 14; RRS § 2874-14.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 15.26
Chapter 15.26 RCW
TREE FRUIT RESEARCH ACT
Sections
15.26.300
Violations—Penalty. (Effective July 1, 2004.)
15.26.300
15.26.300 Violations—Penalty. (Effective July 1,
2004.) (1) Except as provided in subsection (2) of this section, any person violating any provision of this chapter or any
rule or regulation adopted hereunder is guilty of a misdemeanor.
(2) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a
previous conviction shall be considered a first offense. [2003
c 53 § 105; 1969 c 129 § 30.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 15.28
Chapter 15.28 RCW
SOFT TREE FRUITS
Effective date—1967 c 191: "This act is necessary for the immediate
preservation of the public peace, health and safety, the support of the state
government and its existing public institutions, and shall take effect immediately: PROVIDED, That section 5 of this 1967 amendatory act shall not take
effect until July 1, 1968." [1967 c 191 § 9.]
15.28.023
15.28.023 Director appoints members—Nominations—Advisory vote. (1) The director shall appoint the
members of the commission.
(2) Candidates for positions on the commission shall be
nominated under RCW 15.28.060.
(3) Not less than sixty days nor more than seventy-five
days prior to the commencement of a commission member's
term, the director shall cause an advisory vote to be held for
the director-appointed positions. Advisory ballots shall be
mailed to all affected producers and shall be returned to the
director not less than thirty days prior to the commencement
of the term. The advisory ballot shall be conducted in a manner so that it is a secret ballot. The names of the two candidates receiving the most votes in the advisory vote shall be
forwarded to the director for potential appointment to the
commission. In the event there are only two candidates nominated for a position, an advisory vote may not be held and
the candidates' names shall be forwarded to the director for
potential appointment. If only one candidate is nominated for
a position, the commission shall select a second candidate
whose name will be forwarded to the director.
(4) Any candidate whose name is forwarded to the director for potential appointment shall submit to the director a letter stating why he or she wishes to be appointed to the commission. The director may select either person for the position. [2003 c 396 § 16.]
Effective date—2003 c 396: See note following RCW 15.66.030.
Sections
15.28.024
15.28.020
15.28.023
15.28.024
15.28.040
15.28.050
15.28.060
15.28.070
15.28.080
15.28.103
15.28.105
15.28.325
Commission composition—Voting—Quorum.
Director appoints members—Nominations—Advisory vote.
Transition to director appointed commission.
Appointment of voting members—Positions.
Terms of office.
Nominating meetings—Notice—Appointment—Ballots—
Advisory vote—Eligible voters.
Establishment of subdistricts—Rules and regulations.
Vacancies on commission—How filled.
Commission's plans, programs, and projects—Director's
approval required.
Commission speaks for state—Director's oversight.
Costs of implementing RCW 15.28.103.
15.28.024 Transition to director appointed commission. To accomplish the transition to a commission structure
where the director appoints a majority of commission members, the names of the currently elected commission members
shall be forwarded to the director for appointment to the commission within thirty days of May 20, 2003. Thereafter, the
director shall appoint commission members pursuant to
RCW 15.28.023 as the current commission member terms
expire. [2003 c 396 § 17.]
Effective date—2003 c 396: See note following RCW 15.66.030.
[2003 RCW Supp—page 141]
15.28.040
Title 15 RCW: Agriculture and Marketing
15.28.040
15.28.040 Appointment of voting members—Positions. Of the producer members, four shall be appointed
from the first district and occupy positions one, two, three
and four; four shall be appointed from the second district and
occupy positions five, six, seven and eight, and two shall be
appointed from the third district and occupy positions nine
and ten.
Of the dealer members, two shall be appointed from each
of the first and second districts and respectively occupy positions eleven and twelve from the first district and positions
thirteen and fourteen from the second district.
The processor members shall be appointed from the state
at large and occupy positions fifteen and sixteen. The dealer
member position previously referred to as position twelve
shall henceforth be position thirteen. The processor member
position heretofore referred to as position fourteen shall cease
to exist on March 21, 1967. The processor member position
heretofore referred to as thirteen shall be known as position
sixteen. [2003 c 396 § 14; 1967 c 191 § 3; 1961 c 11 §
15.28.040. Prior: 1947 c 73 § 4; Rem. Supp. 1947 § 290913.]
Effective date—2003 c 396: See note following RCW 15.66.030.
15.28.050
15.28.050 Terms of office. The regular term of office
of the members of the commission shall be three years commencing on May 1, following the date of appointment and
until their successors are appointed and qualified, except,
however, that the first term of dealer position twelve in the
first district shall be for two years and expire May 1, 1969.
[2003 c 396 § 15; 1967 c 191 § 4; 1961 c 11 § 15.28.050.
Prior: 1947 c 73 § 5; Rem. Supp. 1947 § 2909-14.]
Effective date—2003 c 396: See note following RCW 15.66.030.
15.28.060
15.28.060 Nominating meetings—Notice—Appointment—Ballots—Advisory vote—Eligible voters. The
director shall call meetings at times and places concurred
upon by the director and the commission for the purpose of
nominating producer, dealer or processor members for potential appointment to the commission when such members'
terms are about to expire. Notice of such meetings shall be
given at least sixty days prior to the time the respective members' term is about to expire. The nominating meetings shall
be held at least sixty days prior to the expiration of the respective members' term of office.
Notice shall be given by the commission by mail to all
known persons having a right to vote for such respective
nominee's potential appointment to the commission.
Further, the commission shall publish notice at least
once in a newspaper of general circulation in the district
where the nomination is to be held. Such a newspaper may
be published daily or weekly. The failure of any person entitled to receive notice of such nominating meeting shall not
invalidate such nominating meeting or the appointment of a
member nominated at such meeting.
Any person qualified to serve on the commission may be
nominated orally at the nomination meetings. Written nominations, signed by five persons qualified to vote for the said
nominee, may be made for five days subsequent to the nomination meeting. Such written nominations shall be filed with
the commission at its Yakima office.
[2003 RCW Supp—page 142]
The director shall cause an advisory vote to be held for
commission positions. The advisory vote shall be by secret
mail ballot. Persons qualified to vote for members of the
commission shall, except as otherwise provided by law or
rule or regulation of the commission, vote only in the district
in which their activities make them eligible to vote for a
potential member of the commission.
A producer to be eligible to vote in the advisory vote for
a nominee as a producer member of the commission must be
a commercial producer of soft tree fruits paying assessments
to the commission.
When a legal entity acting as a producer, dealer, or processor is qualified to vote for a candidate in any district or
area to serve in a specified position on the commission, such
legal entity may cast only one vote for such candidate,
regardless of the number of persons comprising such legal
entity or stockholders owning stock therein. [2003 c 396 §
18; 1967 c 191 § 6; 1963 c 51 § 2; 1961 c 11 § 15.28.060.
Prior: 1947 c 73 § 6; Rem. Supp. 1947 § 2909-15.]
Effective date—2003 c 396: See note following RCW 15.66.030.
15.28.070
15.28.070 Establishment of subdistricts—Rules and
regulations. The commission shall have the authority, subject to the provisions of chapter 34.05 RCW (Administrative
Procedure Act), for adopting rules and regulations, after public hearing, establishing one or more subdistricts in any one
of the three districts. Such subdistricts shall include a substantial portion of the soft tree fruit producing area in the district in which they are formed.
The commission shall, when a subdistrict has been
formed within one of the districts as in this section provided
for, assign one of the districts' producer positions on the commission to said subdistrict. Such producer position may only
be filled by a producer residing in such subdistrict, whether
by apportionment or appointment. [2003 c 396 § 19; 1967 c
191 § 7; 1961 c 11 § 15.28.070. Prior: 1947 c 73 § 7; Rem.
Supp. 1947 § 2909-16.]
Effective date—2003 c 396: See note following RCW 15.66.030.
15.28.080
15.28.080 Vacancies on commission—How filled. In
the event a position becomes vacant due to resignation, disqualification, death, or for any other reason, such position,
until the next annual nominating meeting, shall be filled by
vote of the remaining members of the commission. Following the next annual nomination meeting, the director shall
appoint one of the two nominees selected by advisory ballot
to fill the balance of the unexpired term. [2003 c 396 § 20;
1961 c 11 § 15.28.080. Prior: 1947 c 73 § 8; Rem. Supp.
1947 § 2909-17.]
Effective date—2003 c 396: See note following RCW 15.66.030.
15.28.103
15.28.103 Commission's plans, programs, and
projects—Director's approval required. (1) The commission shall develop and submit to the director for approval any
plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and
administration of appropriate programs or projects for the
advertising and promotion of the affected commodities; and
(b) The establishment and effectuation of market
research projects, market development projects, or both to the
Controlled Atmosphere Storage of Fruits and Vegetables
15.44.033
15.44.020
end that the marketing and utilization of the affected commodities may be encouraged, expanded, improved, or made
more efficient.
(2) The director shall review the commission's advertising or promotion program to ensure that no false claims are
being made concerning the affected commodities.
(3) The commission, prior to the beginning of its fiscal
year, shall prepare and submit to the director for approval its
research plan, its commodity-related education and training
plan, and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a
timely manner. [2003 c 396 § 21.]
15.44.020 Commission composition. The dairy products commission shall be composed of not more than ten
members. There shall be one member from each district who
shall be a practical producer of dairy products, one member
shall be a dealer, and one member shall be a producer who
also acts as a dealer. The director of agriculture shall be a
voting member of the commission.
As used in this chapter, "director" means the director of
agriculture or his or her authorized representative. [2003 c
396 § 24; 2002 c 313 § 89; 1979 ex.s. c 238 § 2; 1975 1st ex.s.
c 136 § 1; 1965 ex.s. c 44 § 2; 1961 c 11 § 15.44.020. Prior:
1959 c 163 § 2; prior: (i) 1939 c 219 § 3, part; RRS § 62663, part. (ii) 1939 c 219 § 4, part; RRS § 6266-4, part.]
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.28.105
15.28.105 Commission speaks for state—Director's
oversight. The commission exists primarily for the benefit
of the people of the state of Washington and its economy.
The legislature hereby charges the commission, with oversight by the director, to speak on behalf of Washington state
government with regard to its particular commodities. [2003
c 396 § 22.]
Effective date—2003 c 396: See note following RCW 15.66.030.
15.28.325
15.28.325 Costs of implementing RCW 15.28.103.
The costs incurred by the department of agriculture associated with the implementation of RCW 15.28.103 shall be
paid for by the commission. [2003 c 396 § 23.]
Effective date—2003 c 396: See note following RCW 15.66.030.
Chapter 15.30 RCW
CONTROLLED ATMOSPHERE STORAGE OF
FRUITS AND VEGETABLES
Chapter 15.30
Sections
15.30.250
Penalties for violating chapter. (Effective July 1, 2004.)
15.30.250
15.30.250 Penalties for violating chapter. (Effective
July 1, 2004.) (1) Except as provided in subsection (2) of this
section, any person violating the provisions of this chapter or
rules adopted hereunder is guilty of a misdemeanor.
(2) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a
previous conviction shall be considered a first offense. [2003
c 53 § 106; 1961 c 29 § 25.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 15.44
Chapter 15.44 RCW
DAIRY PRODUCTS COMMISSION
Sections
15.44.020
15.44.021
15.44.022
15.44.033
15.44.035
15.44.061
15.44.062
15.44.150
15.44.195
Commission composition.
Director appoints members—Nominations—Advisory vote.
Transition to director appointed commission.
Nomination and appointment procedure.
Producer lists—Each producer responsible for accuracy—Use
of lists.
Commission's plans, programs, and projects—Director's
approval required.
Commission speaks for state—Director's oversight.
Action against commission enforced as if a corporation—Liability—Limitations.
Costs of implementing RCW 15.44.061.
Severability—1979 ex.s. c 238: See note following RCW 15.44.010.
15.44.021
15.44.021 Director appoints members—Nominations—Advisory vote. (1) The director shall appoint the
members of the commission.
(2) Candidates for producer member positions on the
commission shall be nominated under RCW 15.44.033.
(3) The director shall cause an advisory vote to be held
for the producer member positions. Advisory ballots shall be
mailed to all affected producers in the district where a
vacancy is about to occur and shall be returned to the director
not less than thirty days prior to the commencement of the
term. The advisory ballot shall be conducted in a manner so
that it is a secret ballot. The names of the two candidates
receiving the most votes in the advisory vote shall be forwarded to the director for potential appointment to the commission. In the event there are only two candidates nominated for a position, an advisory vote may not be held and the
candidates' names shall be forwarded to the director for
potential appointment. If only one candidate is nominated for
a position, the commission shall select a second candidate
whose name will be forwarded to the director.
(4) Any candidate whose name is forwarded to the director for potential appointment shall submit to the director a letter stating why he or she wishes to be appointed to the commission. The director may select either person for the position. [2003 c 396 § 25.]
Effective date—2003 c 396: See note following RCW 15.66.030.
15.44.022
15.44.022 Transition to director appointed commission. To accomplish the transition to a commission structure
where the director appoints the commission members, the
names of the currently elected commission members shall be
forwarded to the director for appointment to the commission
within thirty days of May 20, 2003. Thereafter, the director
shall appoint commission members pursuant to RCW
15.44.021 as the current commission member terms expire.
[2003 c 396 § 28.]
Effective date—2003 c 396: See note following RCW 15.66.030.
15.44.033
15.44.033 Nomination and appointment procedure.
Producer members of the commission shall be nominated by
producers within the district that such producer members represent in the year in which a commission member's term shall
expire.
[2003 RCW Supp—page 143]
15.44.035
Title 15 RCW: Agriculture and Marketing
15.44.061
Nomination for candidates to be appointed to the commission shall be conducted by mail by the director. Such
nomination forms shall be mailed by the director to each producer in a district where a vacancy is about to occur. Such
mailing shall be made on or after April 1st, but not later than
April 10th of the year the commission vacancy will occur.
The nomination form shall provide for the name of the producer being nominated and the names of five producers nominating such nominee. The producers nominating such nominee shall affix their signatures to such form and shall further
attest that the said nominee meets the qualifications for a producer member to serve on the commission and that he or she
will be willing to serve on the commission if appointed.
All nominations as provided for herein shall be returned
to the director by April 30th, and the director shall not accept
any nomination postmarked later than midnight April 30th,
nor place the candidate thereon on the advisory election ballot.
Advisory vote ballots for electing nominees to the commission will be mailed by the director to all eligible producers no later than May 15th, in districts where advisory elections are to be held and such ballots to be valid shall be
returned postmarked no later than May 31st of the year
mailed, to the director in Olympia.
The director shall determine whether the persons nominated possess the qualifications required by statute for the
position. [2003 c 396 § 26; 1995 c 374 § 59; 1967 c 240 § 30;
1965 ex.s. c 44 § 6.]
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Severability—1967 c 240: See note following RCW 43.23.010.
15.44.061 Commission's plans, programs, and
projects—Director's approval required. (1) The commission shall develop and submit to the director for approval any
plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and
administration of appropriate programs or projects for the
advertising, promotion, and education of the affected commodities; and
(b) The establishment and effectuation of market
research projects, market development projects, or both to the
end that the marketing and utilization of the affected commodities may be encouraged, expanded, improved, or made
more efficient.
(2) The director shall review the commission's advertising or promotion program to ensure that no false claims are
being made concerning the affected commodities.
(3) The commission, prior to the beginning of its fiscal
year, shall prepare and submit to the director for approval its
research plan, its commodity-related education, training and
leadership plan, and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a
timely manner. [2003 c 396 § 29.]
Effective date—2003 c 396: See note following RCW 15.66.030.
15.44.062
15.44.062 Commission speaks for state—Director's
oversight. The commission exists primarily for the benefit
of the people of the state of Washington and its economy.
The legislature hereby charges the commission, with oversight by the director, to speak on behalf of Washington state
government with regard to its particular commodities. [2003
c 396 § 30.]
Effective date—2003 c 396: See note following RCW 15.66.030.
15.44.150
15.44.035
15.44.035 Producer lists—Each producer responsible for accuracy—Use of lists. (1) The commission shall
prior to each advisory election, in sufficient time to satisfy
the requirements of RCW 15.44.033, furnish the director with
a list of all producers within the district for which the advisory election is being held. The commission shall require
each dealer and shipper in addition to the information
required under RCW 15.44.110 to furnish the commission
with a list of names of producers whose milk they handle.
(2) Any producer may on his or her own motion file his
or her name with the commission for the purpose of receiving
notice of the advisory election.
(3) It is the responsibility of each producer to ensure that
his or her correct address is filed with the commission.
(4) For all purposes of giving notice, holding referenda,
and conducting advisory votes for nominees to the commission, the applicable list of producers corrected up to the day
preceding the date the list is certified and mailed to the director is deemed to be the list of all producers or handlers, as
applicable, entitled to notice or to vote. The list shall be corrected and brought up-to-date in accordance with evidence
and information provided to the commission. [2003 c 396 §
27; 2002 c 313 § 90; 1965 ex.s. c 44 § 7.]
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.
[2003 RCW Supp—page 144]
15.44.150 Action against commission enforced as if a
corporation—Liability—Limitations. Any action by the
commission administrator, member, employee, or agent
thereof pertaining to the performance or nonperformance or
misperformance of any matters or things authorized,
required, or permitted by this chapter, and any other liabilities, debts, or claims against the commission shall be
enforced in the same manner as if the commission were a corporation. No liability for the debts or actions of the commission shall exist against the state of Washington or any subdivision or instrumentality thereof. Liability for the debts or
actions of the commission's administrator, member,
employee, or agent incurred in their official capacity under
this chapter does not exist either against the administrator,
members, employees, and agents in their individual capacity
or the state of Washington. The administrator, its members,
and its agents and employees are not responsible individually
in any way whatsoever to any person for errors in judgment,
mistakes, or other acts, either of commission or omission, as
principal, agent, person, or employee, except for their own
individual acts of dishonesty or crime.
All persons employed or contracting under this chapter
shall be limited to, and all salaries, expenses, and liabilities
incurred by the commission shall be payable only from the
funds collected under this chapter. [2003 c 396 § 32; 2002 c
313 § 102; 1961 c 11 § 15.44.150. Prior: 1939 c 219 § 7;
RRS § 6266-7.]
Fertilizers, Minerals, and Limes
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.58.030
Construction—Severability—1987 c 45: See notes following RCW
15.54.270.
Chapter 15.58 RCW
WASHINGTON PESTICIDE CONTROL ACT
Chapter 15.58
15.44.195
15.44.195 Costs of implementing RCW 15.44.061.
The costs incurred by the department of agriculture associated with the implementation of RCW 15.44.061 shall be
paid for by the commission. [2003 c 396 § 31.]
Effective date—2003 c 396: See note following RCW 15.66.030.
Chapter 15.54 RCW
FERTILIZERS, MINERALS, AND LIMES
Chapter 15.54
Sections
15.54.340
Labeling requirements. (Effective January 1, 2004.)
Sections
15.58.030
15.58.040
15.58.150
15.58.205
15.58.207
15.58.210
15.58.233
15.58.445
15.58.460
15.58.465
15.54.340
15.54.340 Labeling requirements. (Effective January
1, 2004.) (1) Any commercial fertilizer distributed in this
state shall have placed on or affixed to the package a label
setting forth in clearly legible and conspicuous form the following information:
(a) The net weight;
(b) The product name, brand, and grade. The grade is
not required if no primary nutrients are claimed;
(c) The guaranteed analysis;
(d) The name and address of the registrant or licensee.
The name and address of the manufacturer, if different from
the registrant or licensee, may also be stated;
(e) Any information required under WAC 296-62-054;
(f) A statement, established by rule, referring persons to
the department's Uniform Resource Locator (URL) internet
address where data regarding the metals content of the product is located; and
(g) Other information as required by the department by
rule.
(2) If a commercial fertilizer is distributed in bulk, a
written or printed statement of the information required by
subsection (1) of this section shall accompany delivery and
be supplied to the purchaser at the time of delivery.
(3) Each delivery of a customer-formula fertilizer shall
be subject to containing those ingredients specified by the
purchaser, which ingredients shall be shown on the statement
or invoice with the amount contained therein, and a record of
all invoices of customer-formula grade mixes shall be kept by
the registrant or licensee for a period of twelve months and
shall be available to the department upon request: PROVIDED, That each such delivery shall be accompanied by
either a statement, invoice, a delivery slip, or a label if
bagged, containing the following information: The net
weight; the brand; the guaranteed analysis which may be
stated to the nearest tenth of a percent or to the next lower
whole number; the name and address of the registrant or licensee, or manufacturer, or both; and the name and address of
the purchaser. [2003 c 15 § 1; 1999 c 381 § 1; 1998 c 36 § 6;
1993 c 183 § 5; 1987 c 45 § 12; 1967 ex.s. c 22 § 22.]
Effective date—2003 c 15 § 1: "Section 1 of this act takes effect January 1, 2004." [2003 c 15 § 2.]
Effective date—1999 c 381: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999."
[1999 c 381 § 2.]
Short title—1998 c 36: See note following RCW 15.54.265.
15.58.470
15.58.943
Definitions.
Director's authority—Rules.
Unlawful practices.
Structural pest inspector licenses—Required—Exemptions.
Structural pest inspector licenses—Examination.
Pest control consultant licenses—Required—Exemptions.
Renewal of licenses—Recertification standards.
Wood destroying organism inspections—License required.
Structural pest inspector—Evidence of financial responsibility
required—Exemptions.
Structural pest inspector—Forms of evidence of financial
responsibility—Amount—Terms.
Structural pest inspector—Failure to meet financial responsibility requirements.
Effective date—2003 c 212.
15.58.030
15.58.030 Definitions. As used in this chapter the
words and phrases defined in this section shall have the
meanings indicated unless the context clearly requires otherwise.
(1) "Active ingredient" means any ingredient which will
prevent, destroy, repel, control, or mitigate pests, or which
will act as a plant regulator, defoliant, desiccant, or spray
adjuvant.
(2) "Antidote" means the most practical immediate treatment in case of poisoning and includes first aid treatment.
(3) "Arthropod" means any invertebrate animal that
belongs to the phylum arthropoda, which in addition to
insects, includes allied classes whose members are wingless
and usually have more than six legs; for example, spiders,
mites, ticks, centipedes, and isopod crustaceans.
(4) "Complete wood destroying organism inspection"
means inspection for the purpose of determining evidence of
infestation, damage, or conducive conditions as part of the
transfer, exchange, or refinancing of any structure in Washington state. Complete wood destroying organism inspections include any wood destroying organism inspection that
is conducted as the result of telephone solicitation by an
inspection, pest control, or other business, even if the inspection would fall within the definition of a specific wood
destroying organism inspection.
(5) "Defoliant" means any substance or mixture of substances intended to cause the leaves or foliage to drop from a
plant with or without causing abscission.
(6) "Department" means the Washington state department of agriculture.
(7) "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant
tissues.
(8) "Device" means any instrument or contrivance
intended to trap, destroy, control, repel, or mitigate pests, or
to destroy, control, repel or mitigate fungi, nematodes, or
such other pests, as may be designated by the director, but not
including equipment used for the application of pesticides
when sold separately from the pesticides.
(9) "Director" means the director of the department or a
duly authorized representative.
[2003 RCW Supp—page 145]
15.58.030
Title 15 RCW: Agriculture and Marketing
(10) "Distribute" means to offer for sale, hold for sale,
sell, barter, or supply pesticides in this state.
(11) "EPA" means the United States environmental protection agency.
(12) "EPA restricted use pesticide" means any pesticide
with restricted uses as classified for restricted use by the
administrator, EPA.
(13) "FIFRA" means the federal insecticide, fungicide,
and rodenticide act as amended (61 Stat. 163, 7 U.S.C. Sec.
136 et seq.).
(14) "Fungi" means all nonchlorophyll-bearing thallophytes (all nonchlorophyll-bearing plants of a lower order
than mosses and liverworts); for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living
persons or other animals.
(15) "Fungicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any
fungi.
(16) "Herbicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any
weed.
(17) "Inert ingredient" means an ingredient which is not
an active ingredient.
(18) "Ingredient statement" means a statement of the
name and percentage of each active ingredient together with
the total percentage of the inert ingredients in the pesticide,
and when the pesticide contains arsenic in any form, the
ingredient statement shall also include percentages of total
and water soluble arsenic, each calculated as elemental
arsenic. In the case of a spray adjuvant the ingredient statement need contain only the names of the principal functioning agents and the total percentage of the constituents ineffective as spray adjuvants. If more than three functioning
agents are present, only the three principal ones need by
named.
(19) "Insect" means any of the numerous small invertebrate animals whose bodies are more or less obviously segmented, and which for the most part belong to the class
insecta, comprising six-legged, usually winged forms, for
example, beetles, bugs, bees, flies, and to other allied classes
of arthropods whose members are wingless and usually have
more than six legs, for example, spiders, mites, ticks, centipedes, and isopod crustaceans.
(20) "Insecticide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate any
insects which may be present in any environment whatsoever.
(21) "Inspection control number" means a number
obtained from the department that is recorded on wood
destroying organism inspection reports issued by a structural
pest inspector in conjunction with the transfer, exchange, or
refinancing of any structure.
(22) "Label" means the written, printed, or graphic matter on, or attached to, the pesticide, device, or immediate container, and the outside container or wrapper of the retail package.
(23) "Labeling" means all labels and other written,
printed, or graphic matter:
(a) Upon the pesticide, device, or any of its containers or
wrappers;
[2003 RCW Supp—page 146]
(b) Accompanying the pesticide, or referring to it in any
other media used to disseminate information to the public;
and
(c) To which reference is made on the label or in literature accompanying or referring to the pesticide or device
except when accurate nonmisleading reference is made to
current official publications of the department, United States
departments of agriculture; interior; education; health and
human services; state agricultural colleges; and other similar
federal or state institutions or agencies authorized by law to
conduct research in the field of pesticides.
(24) "Land" means all land and water areas, including
airspace and all plants, animals, structures, buildings, devices
and contrivances, appurtenant thereto or situated thereon,
fixed or mobile, including any used for transportation.
(25) "Master license system" means the mechanism
established by chapter 19.02 RCW by which master licenses,
endorsed for individual state-issued licenses, are issued and
renewed using a master application and a master license expiration date common to each renewable license endorsement.
(26) "Nematocide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate
nematodes.
(27) "Nematode" means any invertebrate animal of the
phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike
bodies covered with cuticle, and inhabiting soil, water, plants
or plant parts, may also be called nemas or eelworms.
(28) "Person" means any individual, partnership, association, corporation, or organized group of persons whether or
not incorporated.
(29) "Pest" means, but is not limited to, any insect,
rodent, nematode, snail, slug, weed and any form of plant or
animal life or virus, except virus on or in a living person or
other animal, which is normally considered to be a pest or
which the director may declare to be a pest.
(30) "Pest control consultant" means any individual who
sells or offers for sale at other than a licensed pesticide dealer
outlet or location where they are employed, or who offers or
supplies technical advice or makes recommendations to the
user of:
(a) Highly toxic pesticides, as determined under RCW
15.58.040;
(b) EPA restricted use pesticides or restricted use pesticides which are restricted by rule to distribution by licensed
pesticide dealers only; or
(c) Any other pesticide except those pesticides which are
labeled and intended for home and garden use only.
(31) "Pesticide" means, but is not limited to:
(a) Any substance or mixture of substances intended to
prevent, destroy, control, repel, or mitigate any insect, rodent,
snail, slug, fungus, weed, and any other form of plant or animal life or virus, except virus on or in a living person or other
animal which is normally considered to be a pest or which the
director may declare to be a pest;
(b) Any substance or mixture of substances intended to
be used as a plant regulator, defoliant or desiccant; and
(c) Any spray adjuvant.
(32) "Pesticide advisory board" means the pesticide
advisory board as provided for in the Washington pesticide
application act.
Washington Pesticide Control Act
(33) "Pesticide dealer" means any person who distributes
any of the following pesticides:
(a) Highly toxic pesticides, as determined under RCW
15.58.040;
(b) EPA restricted use pesticides or restricted use pesticides which are restricted by rule to distribution by licensed
pesticide dealers only; or
(c) Any other pesticide except those pesticides which are
labeled and intended for home and garden use only.
(34) "Pesticide dealer manager" means the owner or
other individual supervising pesticide distribution at one outlet holding a pesticide dealer license.
(35) "Plant regulator" means any substance or mixture of
substances intended through physiological action, to accelerate or retard the rate of growth or maturation, or to otherwise
alter the behavior of ornamental or crop plants or their produce, but shall not include substances insofar as they are
intended to be used as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.
(36) "Registrant" means the person registering any pesticide under the provisions of this chapter.
(37) "Restricted use pesticide" means any pesticide or
device which, when used as directed or in accordance with a
widespread and commonly recognized practice, the director
determines, subsequent to a hearing, requires additional
restrictions for that use to prevent unreasonable adverse
effects on the environment including people, lands, beneficial
insects, animals, crops, and wildlife, other than pests.
(38) "Rodenticide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate
rodents, or any other vertebrate animal which the director
may declare by rule to be a pest.
(39) "Specific wood destroying organism inspection"
means an inspection of a structure for purposes of identifying
or verifying evidence of an infestation of wood destroying
organisms prior to pest management activities.
(40) "Spray adjuvant" means any wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent,
deflocculating agent, water modifier, or similar agent with or
without toxic properties of its own, intended to be used with
any other pesticide as an aid to the application or to the effect
of the pesticide, and which is in a package or container separate from that of the pesticide with which it is to be used.
(41) "Special local needs registration" means a registration issued by the director pursuant to provisions of section
24(c) of FIFRA.
(42) "Structural pest inspector" means any individual
who performs the service of conducting a complete wood
destroying organism inspection or a specific wood destroying
organism inspection.
(43) "Unreasonable adverse effects on the environment"
means any unreasonable risk to people or the environment
taking into account the economic, social, and environmental
costs and benefits of the use of any pesticide, or as otherwise
determined by the director.
(44) "Weed" means any plant which grows where not
wanted.
(45) "Wood destroying organism" means insects or fungi
that consume, excavate, develop in, or otherwise modify the
integrity of wood or wood products. Wood destroying organism includes, but is not limited to, carpenter ants, moisture
15.58.040
ants, subterranean termites, dampwood termites, beetles in
the family Anobiidae, and wood decay fungi (wood rot).
(46) "Wood destroying organism inspection report"
means any written document that reports or comments on the
presence or absence of wood destroying organisms, their
damage, and/or conducive conditions leading to the establishment of such organisms. [2003 c 212 § 1; 2000 c 96 § 1;
1992 c 170 § 1; 1991 c 264 § 1; 1989 c 380 § 1; 1982 c 182 §
26; 1979 c 146 § 1; 1971 ex.s. c 190 § 3.]
Severability—1982 c 182: See RCW 19.02.901.
15.58.040
15.58.040 Director's authority—Rules. (1) The director shall administer and enforce the provisions of this chapter
and rules adopted under this chapter. All the authority and
requirements provided for in chapter 34.05 RCW (Administrative Procedure Act) and chapter 42.30 RCW shall apply to
this chapter in the adoption of rules including those requiring
due notice and a hearing for the adoption of permanent rules.
(2) The director is authorized to adopt appropriate rules
for carrying out the purpose and provisions of this chapter,
including but not limited to rules providing for:
(a) Declaring as a pest any form of plant or animal life or
virus which is injurious to plants, people, animals (domestic
or otherwise), land, articles, or substances;
(b) Determining that certain pesticides are highly toxic to
people. For the purpose of this chapter, highly toxic pesticide
means any pesticide that conforms to the criteria in 40 C.F.R.
Sec. 156.10 for toxicity category I due to oral inhalation or
dermal toxicity. The director shall publish a list of all pesticides, determined to be highly toxic, by their common or
generic name and their trade or brand name if practical. Such
list shall be kept current and shall, upon request, be made
available to any interested party;
(c) Determining standards for denaturing pesticides by
color, taste, odor, or form;
(d) The collection and examination of samples of pesticides or devices;
(e) The safe handling, transportation, storage, display,
distribution, and disposal of pesticides and their containers;
(f) Restricting or prohibiting the use of certain types of
containers or packages for specific pesticides. These restrictions may apply to type of construction, strength, and/or size
to alleviate danger of spillage, breakage, misuse, or any other
hazard to the public. The director shall be guided by federal
regulations concerning pesticide containers;
(g) Procedures in making of pesticide recommendations;
(h) Adopting a list of restricted use pesticides for the
state or for designated areas within the state if the director
determines that such pesticides may require rules restricting
or prohibiting their distribution or use. The director may
include in the rule the time and conditions of distribution or
use of such restricted use pesticides and may, if it is found
necessary to carry out the purpose and provisions of this
chapter, require that any or all restricted use pesticides shall
be purchased, possessed, or used only under permit of the
director and under the director's direct supervision in certain
areas and/or under certain conditions or in certain quantities
or concentrations. The director may require all persons
issued such permits to maintain records as to the use of all the
restricted use pesticides;
[2003 RCW Supp—page 147]
15.58.150
Title 15 RCW: Agriculture and Marketing
(i) Label requirements of all pesticides required to be
registered under provisions of this chapter;
(j) Regulating the labeling of devices;
(k) The establishment of criteria governing the conduct
of a structural pest inspection;
(l) Declaring crops, when grown to produce seed specifically for crop reproduction purposes, to be nonfood and/or
nonfeed sites of pesticide application. The director may
include in the rule any restrictions or conditions regarding:
(i) The application of pesticides to the designated crops; and
(ii) the disposition of any portion of the treated crop;
(m) Fixing and collecting examination fees; and
(n) Requiring individuals to earn recertification credits
in the classifications in which they are licensed.
(3) For the purpose of uniformity and to avoid confusion
endangering the public health and welfare the director may
adopt rules in conformity with the primary pesticide standards, particularly as to labeling, established by the United
States environmental protection agency or any other federal
agency. [2003 c 212 § 2; 2000 c 96 § 8; 1997 c 242 § 1; 1996
c 188 § 4; 1991 c 264 § 2; 1989 c 380 § 2; 1971 ex.s. c 190 §
4.]
15.58.150
15.58.150 Unlawful practices. (1) It is unlawful for
any person to distribute within the state or deliver for transportation or transport in intrastate commerce or between
points within this state through any point outside this state
any of the following:
(a) Any pesticide which has not been registered pursuant
to the provisions of this chapter;
(b) Any pesticide if any of the claims made for it or any
of the directions for its use or other labeling differs from the
representations made in connection with its registration, or if
the composition of a pesticide differs from its composition as
represented in connection with its registration: PROVIDED,
That at the discretion of the director, a change in the labeling
or formula of a pesticide may be made within a registration
period without requiring reregistration of the product;
(c) Any pesticide unless it is in the registrant's or the
manufacturer's unbroken immediate container and there is
affixed to such container, and to the outside container or
wrapper of the retail package, if there is one through which
the required information on the immediate container cannot
be clearly read, a label bearing the information required in
this chapter and the rules adopted under this chapter;
(d) Any pesticide including arsenicals, fluorides, fluosilicates, and/or any other white powdered pesticides unless
they have been distinctly denatured as to color, taste, odor, or
form if so required by rule;
(e) Any pesticide which is adulterated or misbranded, or
any device which is misbranded;
(f) Any pesticide in containers, violating rules adopted
pursuant to RCW 15.58.040(2)(f) or pesticides found in containers which are unsafe due to damage.
(2) It shall be unlawful:
(a) To sell or deliver any pesticide to any person who is
required by law or rules promulgated under such law to be
certified, licensed, or have a permit to use or purchase the
pesticide unless such person or the person's agent, to whom
sale or delivery is made, has a valid certification, license, or
permit to use or purchase the kind and quantity of such pesti[2003 RCW Supp—page 148]
cide sold or delivered: PROVIDED, That, subject to conditions established by the director, such permit may be obtained
immediately prior to sale or delivery from any person designated by the director;
(b) For any person to detach, alter, deface or destroy,
wholly or in part, any label or labeling provided for in this
chapter or rules adopted under this chapter, or to add any substance to, or take any substance from, a pesticide in a manner
that may defeat the purpose of this chapter or the rules
adopted thereunder;
(c) For any person to use or cause to be used any pesticide contrary to label directions or to regulations of the director if those regulations differ from or further restrict the label
directions: PROVIDED, The compliance to the term "contrary to label directions" is enforced by the director consistent
with the intent of this chapter;
(d) For any person to use for his or her own advantage or
to reveal, other than to the director or proper officials or
employees of the state, or to the courts of the state in response
to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons for use in the preparation of
antidotes, any information relative to formulas of products
acquired by authority of RCW 15.58.060;
(e) For any person to make false, misleading, or erroneous statements or reports concerning any pest during or after
a pest inspection or to fail to comply with criteria established
by rule for structural pest inspections;
(f) For any person to make false, misleading, or erroneous statements or reports in connection with any pesticide
complaint or investigation;
(g) For any person to act as, or advertise that they perform the services of, a structural pest inspector without having a license to act as a structural pest inspector;
(h) For a business to conduct one or more complete
wood destroying organism inspections without first having
obtained a structural pest inspection company license from
the department. [2003 c 212 § 3; 2000 c 96 § 6; 1991 c 264 §
3; 1989 c 380 § 11; 1987 c 45 § 25; 1979 c 146 § 3; 1971 ex.s.
c 190 § 15.]
Construction—Severability—1987 c 45: See notes following RCW
15.54.270.
15.58.205
15.58.205 Structural pest inspector licenses—
Required—Exemptions. (1) Except as provided in subsection (2) of this section, no individual may perform services as
a structural pest inspector or advertise that they perform services of a structural pest inspector without obtaining a structural pest inspector license from the director. The license
expires annually on a date set by rule by the director. Application for a license must be on a form prescribed by the director and must be accompanied by a fee of forty-five dollars.
(2) The following are exempt from the application fee
requirement of subsection (1) of this section when acting
within the authorities of their existing licenses issued under
chapter 15.58 or 17.21 RCW: Licensed pest control consultants; licensed commercial pesticide applicators and operators; licensed private-commercial applicators; and licensed
demonstration and research applicators.
(3) The following are exempt from the structural pest
inspector licensing requirement: Individuals inspecting for
damage caused by wood destroying organisms if the inspec-
Washington Pesticide Control Act
tions are solely for the purpose of: (a) Repairing or making
specific recommendations for the repair of the damage, or (b)
assessing a monetary value for the structure inspected. Individuals performing wood destroying organism inspections
that incorporate but are not limited to the activities described
in (a) or (b) of this subsection are not exempt from the structural pest inspector licensing requirement.
(4) Persons holding a valid license to act as a structural
pest inspector on July 1, 2003, are exempt from this requirement until expiration of that license.
(5) A structural pest inspector license is not valid for
conducting a complete wood destroying organism inspection
unless the inspector owns or is employed by a business with
a structural pest inspection company license. [2003 c 212 §
5.]
15.58.207
15.58.207 Structural pest inspector licenses—Examination. The director shall require each applicant for a structural pest inspector license to demonstrate to the director the
applicant's knowledge of applicable laws and regulations;
structural pest identification and damage; and conditions conducive to the development of wood destroying organisms by
satisfactorily passing a written examination for the classifications for which the applicant has applied prior to issuing the
license. [2003 c 212 § 6.]
15.58.210
15.58.210 Pest control consultant licenses—
Required—Exemptions. (1) Except as provided in subsection (2) of this section, no individual may perform services as
a pest control consultant without obtaining a license from the
director. The license shall expire annually on a date set by
rule by the director. Application for a license shall be on a
form prescribed by the director and shall be accompanied by
a fee of forty-five dollars.
(2) The following are exempt from the licensing requirements of subsection (1) of this section when acting within the
authorities of their existing licenses issued under chapter
17.21 RCW: Licensed commercial pesticide applicators and
operators; licensed private-commercial applicators; and
licensed demonstration and research applicators. The following are also exempt from the licensing requirements of subsection (1) of this section: Employees of federal, state,
county, or municipal agencies when acting in their official
governmental capacities; and pesticide dealer managers and
employees working under the direct supervision of the pesticide dealer manager and only at a licensed pesticide dealer's
outlet. [2003 c 212 § 4; 2000 c 96 § 9; 1997 c 242 § 6; 1992
c 170 § 3. Prior: 1991 c 264 § 4; 1991 c 109 § 39; 1989 c 380
§ 16; 1983 c 95 § 5; 1971 ex.s. c 190 § 21.]
Effective date—1997 c 242: See note following RCW 15.58.070.
15.58.233
15.58.233 Renewal of licenses—Recertification standards. (1) The director may renew any license issued under
this chapter subject to the recertification standards identified
in subsection (2) of this section or an examination requiring
new knowledge that may be required to perform in those
areas licensed.
(2) Except as provided in subsection (3) of this section,
all individuals licensed under this chapter shall meet the
recertification standards identified in (a) or (b) of this subsec-
15.58.460
tion, every five years, in order to qualify for continuing licensure.
(a) Individuals licensed under this chapter may qualify
for continued licensure through accumulation of recertification credits. Individuals licensed under this chapter shall
accumulate a minimum of forty department-approved credits
every five years with no more than fifteen credits allowed per
year.
(b) Individuals licensed under this chapter may qualify
for continued licensure through meeting the examination
requirements necessary to become licensed in those areas in
which the licensee operates.
(3) At the termination of a licensee's five-year recertification period, the director may waive the recertification
requirements if the licensee can demonstrate that he or she is
meeting comparable recertification standards through
another state or jurisdiction or through a federal environmental protection agency-approved government agency plan.
[2003 c 212 § 7; 2000 c 96 § 7; 1997 c 242 § 10.]
15.58.445
15.58.445 Wood destroying organism inspections—
License required. It is unlawful for any business to conduct
complete wood destroying organism inspections without
having obtained a company license from the director. Application for a structural pest inspection company license must
be on a form prescribed by the director. The application must
include the following information:
(1) The full name of the individual applying for such
license;
(2) The full name of the company that employs structural
pest inspectors;
(3) The physical and mailing addresses of the company,
and the telephone and facsimile numbers, if available;
(4) A list of the names of the structural pest inspectors
who are employed by the company;
(5) The unique business identifier for the company; and
(6) Any other necessary information prescribed by the
director.
Any changes to the information on the prescribed structural pest inspection company license form shall be reported
by the company to the department within thirty days of the
change. [2003 c 212 § 8.]
15.58.460
15.58.460 Structural pest inspector—Evidence of
financial responsibility required—Exemptions. (1) The
director shall not issue a license to any individual who
intends to act as a structural pest inspector until evidence of
financial responsibility, required and described in subsection
(2) of this section, is furnished by the applicant or the business employing the applicant. Licensed commercial applicators that have met the requirements of RCW 17.21.160 and
their licensed commercial operator employees are exempt
from this financial responsibility requirement when performing specific wood destroying organism inspections. Public
employees licensed to perform structural pest inspections are
exempt from this licensing requirement when acting within
their official capacities.
(2) Evidence of financial responsibility, consisting of
one of the following, must be provided and maintained as a
condition of licensure:
[2003 RCW Supp—page 149]
15.58.465
Title 15 RCW: Agriculture and Marketing
(a) An errors and omissions insurance policy, the amount
and terms of which are consistent with the requirements of
RCW 15.58.465(1)(a);
(b) A surety bond, the amounts and terms of which are
consistent with the requirements of RCW 15.58.465(1)(b);
(c) A surety bond and an errors and omissions insurance
policy, the amount and terms of which are consistent with the
requirements of RCW 15.58.465(1)(c);
(d) An assigned account, the amount and terms of which
are consistent with the requirements of RCW
15.58.465(1)(d);
(e) Any other type of evidence of financial responsibility
identified by the director by rule that provides coverage
equivalent to that provided by any of (a) through (d) of this
subsection.
(3) Evidence of financial responsibility must be supplied
to the department on a financial responsibility insurance certificate, surety bond form, assigned account form, or other
form prescribed by the director with regard to evidence provided under subsection (2)(e) of this section. [2003 c 212 §
9; 2000 c 96 § 3.]
15.58.465
15.58.465 Structural pest inspector—Forms of evidence of financial responsibility—Amount—Terms. (1)
The following requirements apply to the forms of evidence of
financial responsibility required under RCW 15.58.460.
(a) Errors and Omissions Insurance. The amount of
the errors and omissions insurance policy required by RCW
15.58.460(2)(a) shall not be less than twenty-five thousand
dollars. The insurance policy shall be maintained at not less
than the required sum at all times during the licensed period.
The insurance policy shall provide coverage for errors and
omissions in an inspection conducted during the term of the
policy. However, the policy may limit the insurer's liability
on the policy in effect at the time of the inspection to two
years from the date of the inspection.
(b) Surety Bond. The amount of the surety bond
required by RCW 15.58.460(2)(b) shall not be less than
twenty-five thousand dollars. The surety bond shall be maintained at not less than the required sum at all times during the
licensed period. Any person having a claim against the structural pest inspector for legal damages as a result of the actions
of the structural pest inspector may bring suit upon the bond
in the court of the county in which the inspection took place
or of the county in which jurisdiction of the structural pest
inspector may be had. The surety issuing the bond shall be
named as a party to any suit upon the bond. The suit upon the
bond must be commenced within two years of the date of the
inspection.
(c) Surety Bond and Errors and Omissions Insurance. The amount of the surety bond required by RCW
15.58.460(2)(c) shall not be less than twelve thousand five
hundred dollars. Except as to the amount of the bond, the
terms of the bond shall be identical to those set forth in (b) of
this subsection. The amount of the errors and omissions
insurance policy required by RCW 15.58.460(2)(c) shall not
be less than twenty-five thousand dollars. The insurance policy shall be maintained at not less than the required sum at all
times during the licensed period. The insurance policy shall
provide coverage for errors and omissions in an inspection
conducted during the term of the policy.
[2003 RCW Supp—page 150]
(d) Assigned Account. The amount of the assigned
account required by RCW 15.58.460(2)(d) shall not be less
than twenty-five thousand dollars. The assigned account
shall be held by the department to satisfy any execution on a
judgment issued against the inspector for legal damages
resulting from errors and omissions in the conduct of an
inspection, according to the provisions of the assigned
account agreement. The department has no liability for payment in excess of the amount of the assigned account.
(i) The assigned account agreement filed with the director as evidence of financial responsibility shall be canceled at
the expiration of two years after the inspector's license has
expired or been revoked, or at the expiration of two years
after the inspector has furnished another form of evidence of
financial responsibility required by RCW 15.58.460, unless
legal action has been instituted against the inspector prior to
the expiration of the two-year period and the director has
been provided written notice of the same by the claimant. In
such a case the director shall not cancel the assigned account
agreement until the director either receives a copy of the
order dismissing the action by registered or certified mail, or
has received a copy of the unsatisfied judgment and has complied with the requirements of (d)(ii) of this subsection.
(ii) Any person having an unsatisfied final judgment
against the inspector for legal damages awarded based on
errors and omissions in the conduct of an inspection may execute upon the funds in the assigned account by serving a certified copy of the unsatisfied final judgment by registered or
certified mail upon the department within one year of the date
of entry of such judgment. Upon the receipt of service of
such certified copy the department shall direct the financial
institution to pay from the assigned account, through the registry of the court which rendered judgment, towards the
amount of the unsatisfied judgment. The priority of payment
from the assigned account shall be the order of receipt of the
final judgment by the department.
(2) Nothing in subsection (1) of this section that limits
the time period in which a suit must be commenced on a
surety bond or in which a claim must be made on a policy
effects the statute of limitations applicable to any claim any
person may have against the structural pest inspector or company.
(3) The director may only accept a surety bond or insurance policy as evidence of financial responsibility if the bond
or policy is issued by an insurer authorized to do business in
this state. The director shall be notified ten days before any
reduction of insurance coverage at the request of the applicant or cancellation of the surety bond or insurance by the
surety or insurer and by the insured.
(4) The total and aggregate of the surety and insurer for
all claims is limited to the face of the surety bond or insurance
policy. The director may accept a surety bond or insurance
policy in the proper sum that has a deductible clause in an
amount not exceeding five thousand dollars for the total
amount of surety bond or insurance required by this section.
If the applicant has not satisfied the requirement of the
deductible amount in any prior legal claim the deductible
clause may not be accepted by the director unless the applicant furnishes the director with a surety bond or insurance
policy which satisfies the amount of the deductible as to all
claims that may arise. [2003 c 212 § 10; 2000 c 96 § 4.]
Apiaries
15.65.287
15.58.470
15.58.470 Structural pest inspector—Failure to meet
financial responsibility requirements. Whenever the form
of evidence of financial responsibility for a structural pest
inspector license is reduced below the requirements of RCW
15.58.465 or no longer applies to the structural pest inspector,
or whenever the licensee or the business that employs the licensee has failed to provide evidence of financial responsibility as required by RCW 15.58.460 by the expiration date of
any previous form of evidence of financial responsibility, the
director shall immediately suspend the structural pest inspector license until the requirements of RCW 15.58.465 are met
again. [2003 c 212 § 11; 2000 c 96 § 5.]
(2) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a
previous conviction shall be considered a first offense. [2003
c 53 § 108; 1963 c 232 § 14.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 15.65
Chapter 15.65 RCW
WASHINGTON STATE AGRICULTURAL
COMMODITY BOARDS
(Formerly: Washington state agricultural enabling act of 1961—Commodity
boards)
15.58.943
15.58.943 Effective date—2003 c 212. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect July 1, 2003.
[2003 c 212 § 12.]
Chapter 15.60
Chapter 15.60 RCW
APIARIES
Sections
15.65.220
15.65.245
15.65.287
15.65.289
15.65.670
Commodity boards—Membership—Marketing agreement or
order to establish and control—Director votes.
Repealed.
Commission's plans, programs, and projects—Director's
approval required.
Commission speaks for state—Director's oversight.
Costs of implementing RCW 15.65.287.
15.65.220
Sections
15.60.055
Violations—Penalty. (Effective July 1, 2004.)
15.60.055
15.60.055 Violations—Penalty. (Effective July 1,
2004.) (1) Except as provided in subsection (2) of this section, a person who violates or fails to comply with any of the
provisions of this chapter or any rule adopted under this chapter is guilty of a misdemeanor.
(2) A second or subsequent violation is a gross misdemeanor.
(3) Whenever the director finds that a person has committed a violation of any of the provisions of this chapter or
any rule adopted under this chapter and that violation has not
been punished as a misdemeanor or gross misdemeanor, the
director may impose and collect a civil penalty not exceeding
one thousand dollars for each violation. Each violation shall
be a separate and distinct offense. A person who knowingly,
through an act of omission or commission, procures or aids or
abets in the violation shall be considered to have violated this
section and may be subject to the civil penalty. [2003 c 53 §
107; 1993 c 89 § 17; 1991 c 363 § 15; 1989 c 354 § 64. Formerly RCW 15.60.170.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1989 c 354: See note following RCW 15.36.012.
Chapter 15.61 RCW
LADYBUGS AND OTHER BENEFICIAL INSECTS
Chapter 15.61
Sections
15.61.050
15.65.220 Commodity boards—Membership—Marketing agreement or order to establish and control—
Director votes. (1) Every marketing agreement and order
shall provide for the establishment of a commodity board of
not less than five nor more than thirteen members and shall
specify the exact number thereof and all details as to (a) qualification, (b) nomination, (c) election or appointment by the
director, (d) term of office, and (e) powers, duties, and all
other matters pertaining to such board.
(2) The members of the board shall be producers or handlers or both in such proportion as the director shall specify in
the marketing agreement or order, but in any marketing order
or agreement the number of handlers on the board shall not
exceed the number of producers thereon. The marketing
order or agreement may provide that a majority of the board
be appointed by the director, but in any event, no less than
one-third of the board members shall be elected by the
affected producers.
(3) In the event that the marketing order or agreement
provides that a majority of the commodity board be
appointed by the director, the marketing order or agreement
shall incorporate the provisions of RCW 15.65.243 for board
member selection.
(4) The director shall appoint to every board one member
who represents the director. The director shall be a voting
member of each commodity board. [2003 c 396 § 9; 2002 c
313 § 20; 1961 c 256 § 22.]
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.245
15.65.245 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
Violations—Penalty. (Effective July 1, 2004.)
15.65.287
15.61.050
15.61.050 Violations—Penalty. (Effective July 1,
2004.) (1) Except as provided in subsection (2) of this section, any person violating the provisions of this chapter or
rules adopted hereunder is guilty of a misdemeanor.
15.65.287 Commission's plans, programs, and
projects—Director's approval required. (1) Each commodity commission shall develop and submit to the director
for approval any plans, programs, and projects concerning
the following:
[2003 RCW Supp—page 151]
15.65.289
Title 15 RCW: Agriculture and Marketing
(a) The establishment, issuance, effectuation, and
administration of appropriate programs or projects for the
advertising and promotion of the affected commodity; and
(b) The establishment and effectuation of market
research projects, market development projects, or both to the
end that the marketing and utilization of the affected commodity may be encouraged, expanded, improved, or made
more efficient.
(2) The director shall review each commodity commission's advertising or promotion program to ensure that no
false claims are being made concerning the affected commodity.
(3) Each commodity commission, prior to the beginning
of its fiscal year, shall prepare and submit to the director for
approval its research plan, its commodity-related education
and training plan, and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a
timely manner. [2003 c 396 § 10.]
Effective date—2003 c 396: See note following RCW 15.66.030.
15.65.289
15.65.289 Commission speaks for state—Director's
oversight. Each commission organized under a marketing
order adopted under this chapter exists primarily for the benefit of the people of the state of Washington and its economy.
The legislature hereby charges each commission, with oversight by the director, to speak on behalf of Washington state
government with regard to its particular commodity. [2003 c
396 § 11.]
Effective date—2003 c 396: See note following RCW 15.66.030.
15.65.670
15.65.670 Costs of implementing RCW 15.65.287.
The costs incurred by the department associated with the
implementation of RCW 15.65.287 shall be paid for by the
affected commodity commissions. [2003 c 396 § 12.]
Effective date—2003 c 396: See note following RCW 15.66.030.
Chapter 15.66 RCW
WASHINGTON STATE AGRICULTURAL
COMMODITY COMMISSIONS
Chapter 15.66
(Formerly: Washington agricultural enabling act of 1955—Commodity
commissions)
Sections
15.66.030
15.66.110
15.66.115
15.66.140
15.66.141
15.66.142
15.66.185
15.66.263
Marketing orders authorized—Purposes.
Commodity commission—Composition—Terms.
Repealed.
Commodity commission—Powers and duties.
Commission's plans, programs, and projects—Director's
approval required.
Commission speaks for state—Director's oversight.
Investment of agricultural commodity commission funds in
savings or time deposits of banks, trust companies, and
mutual savings banks.
Costs of implementing RCW 15.66.141.
15.66.030
15.66.030 Marketing orders authorized—Purposes.
Marketing orders may be made for any one or more of the following purposes:
(1) To establish plans and conduct programs for advertising and sales promotion, to maintain present markets, or to
create new or larger markets for any agricultural commodity
grown in the state of Washington;
[2003 RCW Supp—page 152]
(2) To provide for carrying on research studies to find
more efficient methods of production, irrigation, processing,
transportation, handling, and marketing of any agricultural
commodity;
(3) To provide for improving standards and grades by
defining, establishing, and providing labeling requirements
with respect to the same;
(4) To investigate and take necessary action to prevent
unfair trade practices;
(5) To provide information or communicate on matters
pertaining to the production, irrigation, processing, transportation, marketing, or uses of an agricultural commodity produced in Washington state to any elected official or officer or
employee of any agency;
(6) To provide marketing information and services for
producers of an agricultural commodity;
(7) To provide information and services for meeting
resource conservation objectives of producers of an agricultural commodity;
(8) To engage in cooperative efforts in the domestic or
foreign marketing of food products of an agricultural commodity;
(9) To provide for commodity-related education and
training; and
(10) To assist and cooperate with the department or any
other local, state, or federal government agency in the investigation and control of exotic pests and diseases that could
damage or affect trade of the affected commodity. [2003 c
396 § 1; 2002 c 313 § 40; 2001 c 315 § 1; 1961 c 11 §
15.66.030. Prior: 1955 c 191 § 3.]
Effective date—2003 c 396: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 20, 2003]." [2003 c 396 § 45.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.110
15.66.110 Commodity commission—Composition—
Terms. (1) Every marketing order shall establish a commodity commission composed of not less than five nor more than
fifteen members. Commission members shall be citizens and
residents of this state if required by the marketing order, and
over the age of eighteen. Not more than one commission
member may be part of the same "person" as defined by this
chapter. The term of office of commission members shall be
three years with the terms rotating so than one-third of the
terms will commence as nearly as practicable each year.
However, the first commission shall be selected, one-third for
a term of one year, one-third for a term of two years, and onethird for a term of three years, as nearly as practicable.
Except as provided in subsection (2) of this section, no less
than sixty percent of the commission members shall be
elected by the affected producers and such elected members
shall all be affected producers. Except as provided in subsection (4) of this section, the remaining members shall be
appointed by the commission and shall be either affected producers, others active in matters relating to the affected commodity, or persons not so related.
(2) A marketing order may provide that a majority of the
commission be appointed by the director.
(3) In the event that the marketing order provides that a
majority of the commission be appointed by the director, the
Washington State Agricultural Commodity Commissions
marketing order shall incorporate the provisions of RCW
15.66.113 for member selection.
(4) The director shall appoint to every commission one
member who represents the director. The director is a voting
member of each commodity commission. [2003 c 396 § 4;
2002 c 313 § 51; 2001 c 315 § 2; 1961 c 11 § 15.66.110.
Prior: 1955 c 191 § 11.]
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.115
15.66.115 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
15.66.140
15.66.140 Commodity commission—Powers and
duties. Every commodity commission shall have such powers and duties in accordance with provisions of this chapter as
may be provided in the marketing order and shall have the
following powers and duties:
(1) To elect a chair and such other officers as determined
advisable;
(2) To adopt, rescind and amend rules and regulations
reasonably necessary for the administration and operation of
the commission and the enforcement of its duties under the
marketing order;
(3) To administer, enforce, direct and control the provisions of the marketing order and of this chapter relating
thereto;
(4) To employ and discharge at its discretion such
administrators and additional personnel, attorneys, advertising and research agencies and other persons and firms that it
may deem appropriate and pay compensation to the same;
(5) To acquire personal property and purchase or lease
office space and other necessary real property and transfer
and convey the same;
(6) To institute and maintain in its own name any and all
legal actions, including actions by injunction, mandatory
injunction or civil recovery, or proceedings before administrative tribunals or other governmental authorities necessary
to carry out the provisions of this chapter and of the marketing order;
(7) To keep accurate records of all its receipts and disbursements, which records shall be open to inspection and
audit by the state auditor or private auditor designated by the
state auditor at least every five years;
(8) Borrow money and incur indebtedness;
(9) Make necessary disbursements for routine operating
expenses;
(10) To expend funds for commodity-related education,
training, and leadership programs as each commission deems
expedient;
(11) To work cooperatively with other local, state, and
federal agencies; universities; and national organizations for
the purposes provided in the commission's marketing order;
(12) To enter into contracts or interagency agreements
with any private or public agency, whether federal, state, or
local, to carry out the purposes provided in the commission's
marketing order. Personal service contracts must comply
with chapter 39.29 RCW;
(13) To accept and expend or retain any gifts, bequests,
contributions, or grants from private persons or private and
15.66.141
public agencies to carry out the purposes provided in the
commission's marketing order;
(14) To enter into contracts or agreements for research in
the production, irrigation, processing, transportation, marketing, use, or distribution of an affected commodity;
(15) To retain in emergent situations the services of private legal counsel to conduct legal actions on behalf of a
commission. The retention of a private attorney is subject to
review by the office of the attorney general;
(16) To engage in appropriate fund-raising activities for
the purpose of supporting activities of the commission authorized by the marketing order;
(17) To participate in international, federal, state, and
local hearings, meetings, and other proceedings relating to
the production, irrigation, manufacture, regulation, transportation, distribution, sale, or use of affected commodities
including activities authorized under RCW 42.17.190,
including the reporting of those activities to the public disclosure commission;
(18) To maintain a list of the names and addresses of
affected producers that may be compiled from information
used to collect assessments under the provisions of the marketing order and data on the value of each producer's production for a minimum three-year period;
(19) To maintain a list of the names and addresses of persons who handle the affected commodity within the affected
area and data on the amount and value of the commodity handled for a minimum three-year period by each person;
(20) To request records and audit the records of producers or handlers of the affected commodity during normal
business hours to determine whether the appropriate assessment has been paid;
(21) To acquire or own intellectual property rights,
licenses, or patents and to collect royalties resulting from
commission-funded research related to the affected commodity; and
(22) Such other powers and duties that are necessary to
carry out the purposes of this chapter. [2003 c 396 § 2; 2002
c 313 § 57; 2001 c 315 § 3; 1985 c 261 § 20; 1982 c 81 § 2;
1961 c 11 § 15.66.140. Prior: 1955 c 191 § 14.]
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.141
15.66.141 Commission's plans, programs, and
projects—Director's approval required. (1) Each commodity commission shall develop and submit to the director
for approval any plans, programs, and projects concerning
the following:
(a) The establishment, issuance, effectuation, and
administration of appropriate programs or projects for the
advertising and promotion of the affected commodity; and
(b) The establishment and effectuation of market
research projects, market development projects, or both to the
end that the marketing and utilization of the affected commodity may be encouraged, expanded, improved, or made
more efficient.
(2) The director shall review each commodity commission's advertising or promotion program to ensure that no
false claims are being made concerning the affected commodity.
[2003 RCW Supp—page 153]
15.66.142
Title 15 RCW: Agriculture and Marketing
(3) Each commodity commission, prior to the beginning
of its fiscal year, shall prepare and submit to the director for
approval its research plan, its commodity-related education
and training plan, and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a
timely manner. [2003 c 396 § 5.]
previous conviction shall be considered a first offense. [2003
c 53 § 109; 1969 ex.s. c 100 § 36.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 15.85 RCW
Chapter 15.85
AQUACULTURE MARKETING
Effective date—2003 c 396: See note following RCW 15.66.030.
Sections
15.66.142
15.66.142 Commission speaks for state—Director's
oversight. Each commission organized under a marketing
order adopted under this chapter exists primarily for the benefit of the people of the state of Washington and its economy.
The legislature hereby charges each commission, with oversight by the director, to speak on behalf of Washington state
government with regard to its particular commodity. [2003 c
396 § 6.]
Effective date—2003 c 396: See note following RCW 15.66.030.
15.66.185
15.66.185 Investment of agricultural commodity
commission funds in savings or time deposits of banks,
trust companies, and mutual savings banks. (1) Any funds
of any agricultural commodity commission may be invested
in savings or time deposits in banks, trust companies, and
mutual savings banks that are doing business in the United
States, up to the amount of insurance afforded such accounts
by the Federal Deposit Insurance Corporation.
(2) This section shall apply to all funds which may be
lawfully so invested, which in the judgment of any agricultural commodity commission are not required for immediate
expenditure. The authority granted by this section is not
exclusive and shall be construed to be cumulative and in
addition to other authority provided by law for the investment
of such funds, including, but not limited to, authority granted
under chapters 39.58, 39.59, and 43.84 RCW. [2003 c 396 §
3; 2002 c 313 § 62; 1967 ex.s. c 54 § 2. Formerly RCW
30.04.370.]
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.263
15.66.263 Costs of implementing RCW 15.66.141.
The costs incurred by the department of agriculture that are
associated with the implementation of RCW 15.66.141 shall
be paid for by the affected commodity commissions. [2003 c
396 § 8.]
Effective date—2003 c 396: See note following RCW 15.66.030.
Chapter 15.80
Chapter 15.80 RCW
WEIGHMASTERS
Sections
15.80.650
Violations—Penalty. (Effective July 1, 2004.)
15.80.650
15.80.650 Violations—Penalty. (Effective July 1,
2004.) (1) Except as provided in RCW 15.80.640 or subsection (2) of this section, any person violating any provision of
this chapter or rules adopted hereunder is guilty of a misdemeanor.
(2) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a
[2003 RCW Supp—page 154]
15.85.020
15.85.060
Definitions.
Private sector cultured aquatic products—Identification—
Rules.
15.85.020
15.85.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Aquaculture" means the process of growing, farming, or cultivating private sector cultured aquatic products in
marine or freshwaters and includes management by an
aquatic farmer.
(2) "Aquatic farmer" is a private sector person who commercially farms and manages the cultivating of private sector
cultured aquatic products on the person's own land or on land
in which the person has a present right of possession.
(3) "Private sector cultured aquatic products" are native,
nonnative, or hybrids of marine or freshwater plants and animals that are propagated, farmed, or cultivated on aquatic
farms under the supervision and management of a private
sector aquatic farmer or that are naturally set on aquatic farms
which at the time of setting are under the active supervision
and management of a private sector aquatic farmer. When
produced under such supervision and management, private
sector cultured aquatic products include, but are not limited
to, the following plants and animals:
Scientific Name
Common Name
Enteromorpha
Monostroma
Ulva
Laminaria
Nereocystis
Porphyra
Iridaea
Haliotis
Zhlamys
Hinnites
Tatinopecten
Protothaca
Tapes
Saxidomus
Mytilus
Crassostrea
Ostrea
Pacifasticus
Macrobrachium
Salmo and Salvelinus
Oncorhynchus
Ictalurus
Cyprinus
Acipenseridae
green nori
awo-nori
sea lettuce
konbu
bull kelp
nori
abalone
pink scallop
rock scallop
Japanese or weathervane scallop
native littleneck clam
manila clam
butter clam
mussels
Pacific oysters
Olympia and European oysters
crayfish
freshwater prawn
trout, char, and Atlantic salmon
salmon
catfish
carp
Sturgeon
Wine Commission
Private sector cultured aquatic products do not include
herring spawn on kelp and other products harvested under a
herring spawn on kelp permit issued in accordance with
RCW 77.70.210.
(4) "Department" means the department of agriculture.
(5) "Director" means the director of agriculture. [2003 c
39 § 7; 1989 c 176 § 3; 1985 c 457 § 2.]
15.85.060
15.85.060 Private sector cultured aquatic products—
Identification—Rules. The director shall establish identification requirements for private sector cultured aquatic products to the extent that identifying the source and quantity of
the products is necessary to permit the department of fish and
wildlife to administer and enforce Title 77 RCW effectively.
The rules shall apply only to those private sector cultured
aquatic products the transportation, sale, processing, or other
possession of which would otherwise be required to be
licensed under Title 77 RCW if they were not cultivated by
aquatic farmers. The rules shall apply to the transportation or
possession of such products on land other than aquatic lands
and may require that they be: (1) Placed in labeled containers
or accompanied by bills of lading or sale or similar documents identifying the name and address of the producer of the
products and the quantity of the products governed by the
documents; or (2) both labeled and accompanied by such
documents.
The director shall consult with the director of fish and
wildlife to ensure that such rules enable the department of
fish and wildlife to enforce the programs administered under
those titles. If rules adopted under chapter 69.30 RCW satisfy the identification required under this section for shellfish,
the director shall not establish different shellfish identification requirements under this section. [2003 c 39 § 8; 1994 c
264 § 5; 1988 c 36 § 6; 1985 c 457 § 5.]
15.88.040
not more than twenty-five thousand gallons of wine annually,
at least one shall be a person producing over one million gallons of wine annually, and at least two shall be persons who
produce wine from their own grapes. In addition, at least one
member shall be a wine producer located in western Washington and at least two members shall be wine producers
located in eastern Washington.
(2) The commission shall have one nonvoting member
who is a wine producer in this state whose principal wine or
wines are produced from fruit other than vinifera grapes.
(3) Seven voting members of the commission constitute
a quorum for the transaction of any business of the commission.
(4) Each voting member of the commission shall be a citizen and resident of this state and over the age of twenty-one
years. Each voting member, except the member holding
position eleven, must be or must have been engaged in that
phase of the grower or wine producer industry that he or she
is appointed to represent, and must during his or her term of
office derive a substantial portion of income therefrom, or
have a substantial investment in the growing of vinifera
grapes or the production of wine from vinifera grapes as an
owner, lessee, partner, or a stockholder owning at least ten
percent of the voting stock in a corporation engaged in the
growing of vinifera grapes or wine production from vinifera
grapes; or the manager or executive officer of such a corporation. These qualifications apply throughout each member's
term of office. This subsection does not apply to the director.
[2003 c 396 § 38; 1997 c 321 § 40; 1988 c 254 § 12; 1987 c
452 § 3.]
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective date—1997 c 321: See note following RCW 66.24.010.
15.88.040
Chapter 15.88
Chapter 15.88 RCW
WINE COMMISSION
Sections
15.88.030
15.88.040
15.88.050
15.88.073
15.88.075
15.88.100
15.88.180
15.88.030
Wine commission created—Composition.
Designation of commission members—Terms.
Appointment of members—Travel expenses.
Commission's plans, programs, and projects—Director's
approval required.
Commission speaks for state—Director's oversight.
Commission members' votes weighted—Exception.
Funding staff support—Rules—Costs of implementing RCW
15.88.073.
15.88.030 Wine commission created—Composition.
(1) There is created an agricultural commodity commission
to be known and designated as the Washington wine commission. The commission shall be composed of twelve voting
members and one nonvoting member; five voting members
shall be growers, five voting members shall be wine producers, one voting member shall be the director, and one voting
member shall be a wine distributor licensed under RCW
66.24.200. Of the grower members, at least one shall be a
person who does not have over fifty acres of vinifera grapes
in production, at least one shall be a person who has over one
hundred acres of vinifera grapes in production, and two may
be persons who produce and sell their own wine. Of the wine
producer members, at least one shall be a person producing
15.88.040 Designation of commission members—
Terms. The appointed voting positions on the commission
shall be designated as follows: The wine producers shall be
designated positions one, two, three, four, and five; the growers shall be designated positions six, seven, eight, nine, and
ten; the wine wholesaler shall be position eleven; and the
director shall be position number thirteen. The nonvoting
industry member shall be designated position number twelve.
The member designated as filling position one shall be a person producing over one million gallons of wine annually.
The member designated as position one shall be the sole representative, directly or indirectly, of the producer eligible to
hold position one and in no event shall that producer directly
or indirectly control more than fifty percent of the votes of
the commission.
Except for position thirteen, the regular terms of office
shall be three years from the date of appointment and until
their successors are appointed. However, the first terms of
the members appointed upon July 1, 1987, shall be as follows: Positions one, six, and eleven shall terminate July 1,
1990; positions two, four, seven, and nine shall terminate
July 1, 1989; and positions three, five, eight, and ten shall terminate July 1, 1988. The term of the initial nonvoting industry member shall terminate July 1, 1990. [2003 c 396 § 39;
1988 c 254 § 13; 1987 c 452 § 4.]
Effective date—2003 c 396: See note following RCW 15.66.030.
[2003 RCW Supp—page 155]
15.88.050
Title 16 RCW: Animals and Livestock
15.88.050
15.88.050 Appointment of members—Travel
expenses. (1) The director shall appoint the members of the
commission. In making such appointments, the director shall
take into consideration recommendations made by the growers' association and the wine institute as the persons recommended for appointment as members of the commission. In
appointing persons to the commission, the director shall seek
to ensure as nearly as possible a balanced representation on
the commission which would reflect the composition of the
growers and wine producers throughout the state as to number of acres cultivated and amount of wine produced.
(2) The appointment shall be carried out immediately
subsequent to July 1, 1987, and members so appointed as set
forth in this chapter shall serve for the periods set forth for the
original members of the commission under RCW 15.88.040.
(3) In the event a position on the commission becomes
vacant due to resignation, disqualification, death, or for any
other reason, the unexpired term of the position shall immediately be filled by appointment by the director.
(4) Each member or employee of the commission shall
be reimbursed for actual travel expenses incurred in carrying
out the provisions of this chapter as defined by the commission in rule. Otherwise if not defined in rule, reimbursement
for travel expenses shall be at the rates allowed by RCW
43.03.050 and 43.03.060. [2003 c 396 § 40; 2002 c 313 §
111; 1987 c 452 § 5.]
15.88.100 Commission members' votes weighted—
Exception. (1) Except as provided in subsection (2) of this
section, the vote of each of the voting members of the commission shall be weighted as provided by this subsection for
the transaction of any of the business of the commission. The
total voting strength of the entire voting membership of the
commission shall be twelve votes. The vote of position one
shall be equal to the lesser of the following: Six and one-half
votes; or eleven votes times the percentage of the wine produced in the state that is produced by the person filling position one. The percentage shall be based upon the amount of
wine produced in the previous calendar year and shall be
rounded to the nearest ten percent. The remaining votes of
the membership of the commission shall be divided equally
among the remaining members of the commission.
(2) In the event that the percentage of wine produced by
the producer represented by position one falls below twentyfive percent of the wine produced in this state, the weighted
voting mechanism provided for in subsection (1) of this section shall cease to be effective. In that case, the voting shall
be based on one vote per position. [2003 c 396 § 41; 1988 c
254 § 14; 1987 c 452 § 10.]
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.
Effective date—1988 c 254 § 14: "Section 14 of this act shall take
effect July 1, 1989." [1988 c 254 § 15.]
state government with regard to wine grapes and wine. [2003
c 396 § 43.]
Effective date—2003 c 396: See note following RCW 15.66.030.
15.88.100
15.88.073
15.88.073 Commission's plans, programs, and
projects—Director's approval required. (1) The commission shall develop and submit to the director for approval any
plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and
administration of appropriate programs or projects for the
advertising, promotion, and education of the affected commodities; and
(b) The establishment and effectuation of market
research projects, market development projects, or both to the
end that the marketing and utilization of the affected commodities may be encouraged, expanded, improved, or made
more efficient.
(2) The director shall review the commission's advertising or promotion program to ensure that no false claims are
being made concerning the affected commodities.
(3) The commission, prior to the beginning of its fiscal
year, shall prepare and submit to the director for approval its
research plan, its commodity-related education and training
plan, and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a
timely manner. [2003 c 396 § 42.]
Effective date—2003 c 396: See note following RCW 15.66.030.
15.88.075
15.88.075 Commission speaks for state—Director's
oversight. The commission exists primarily for the benefit
of the people of the state of Washington and its economy.
The legislature hereby charges the commission, with oversight by the director, to speak on behalf of the Washington
[2003 RCW Supp—page 156]
15.88.180
15.88.180 Funding staff support—Rules—Costs of
implementing RCW 15.88.073. (1) The director may provide by rule for a method to fund staff support for all commodity boards or commissions in accordance with RCW
43.23.033 if a position is not directly funded by the legislature and costs related to the specific activity undertaken on
behalf of an individual commodity board or commission.
The commission shall provide funds to the department
according to the rules adopted by the director.
(2) The costs incurred by the department associated with
the implementation of RCW 15.88.073 shall be paid for by
the commission. [2003 c 396 § 44; 2002 c 313 § 76.]
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.
Title 16
Title 16
ANIMALS AND LIVESTOCK
(Formerly: Animals, estrays, brands, and fences)
Chapters
16.36 Animal health.
16.49 Custom slaughtering.
16.52 Prevention of cruelty to animals.
16.57 Identification of livestock.
16.58 Identification of cattle through licensing of certified feed lots.
16.65 Public livestock markets.
16.67 Washington state beef commission.
Animal Health
Chapter 16.36
Chapter 16.36 RCW
ANIMAL HEALTH
(Formerly: Diseases—Quarantine—Garbage feeding)
Sections
16.36.005
16.36.005
Definitions.
16.36.005 Definitions. As used in this chapter:
"Animal" means all members of the animal kingdom
except humans, fish, and insects. However, "animal" does
n ot m e a n n o n c a p tiv e wil dl if e a s d e f in e d i n RC W
77.08.010(16), except as used in RCW 16.36.050(1) and
16.36.080 (1), (2), (3), and (5).
"Animal reproductive product" means sperm, ova, fertilized ova, and embryos from animals.
"Farm-raised fish" means fish raised by aquaculture as
defined in RCW 15.85.020. Farm-raised fish are considered
to be a part of animal agriculture; however, disease inspection, prevention, and control programs and related activities
for farm-raised fish are administered by the department of
fish and wildlife under chapter 77.115 RCW.
"Communicable disease" means a disease due to a specific infectious agent or its toxic products transmitted from an
infected person, animal, or inanimate reservoir to a susceptible host, either directly or indirectly through an intermediate
plant or animal host, vector, or the environment.
"Contagious disease" means a communicable disease
that is capable of being easily transmitted from one animal to
another animal or a human.
"Director" means the director of agriculture of the state
of Washington or his or her authorized representative.
"Department" means the department of agriculture of the
state of Washington.
"Deputized state veterinarian" means a Washington state
licensed and accredited veterinarian appointed and compensated by the director according to state law and department
policies.
"Garbage" means the solid animal and vegetable waste
and offal together with the natural moisture content resulting
from the handling, preparation, or consumption of foods in
houses, restaurants, hotels, kitchens, markets, meat shops,
packing houses and similar establishments or any other food
waste containing meat or meat products.
"Herd or flock plan" means a written management agreement between the owner of a herd or flock and the state veterinarian, with possible input from a private accredited veterinarian designated by the owner and the area veterinarian-incharge of the United States department of agriculture, animal
and plant health inspection service, veterinary services in
which each participant agrees to undertake actions specified
in the herd or flock plan to control the spread of infectious,
contagious, or communicable disease within and from an
infected herd or flock and to work toward eradicating the disease in the infected herd or flock.
"Hold order" means an order by the director to the owner
or agent of the owner of animals or animal reproductive products which restricts the animals or products to a designated
holding location pending an investigation by the director of
the disease, disease exposure, well-being, movement, or
import status of the animals or animal reproductive products.
16.52.015
"Infectious agent" means an organism including viruses,
rickettsia, bacteria, fungi, protozoa, helminthes, or prions that
is capable of producing infection or infectious disease.
"Infectious disease" means a clinical disease of humans
or animals resulting from an infection with an infectious
agent that may or may not be communicable or contagious.
"Livestock" means horses, mules, donkeys, cattle, bison,
sheep, goats, swine, rabbits, llamas, alpacas, ratites, poultry,
waterfowl, game birds, and other species so designated by
statute. "Livestock" does not mean free ranging wildlife as
defined in Title 77 RCW.
"Person" means a person, persons, firm, or corporation.
"Quarantine" means the placing and restraining of any
animal or its reproductive products by the owner or agent of
the owner within a certain described and designated enclosure or area within this state, or the restraining of any animal
or its reproductive products from entering this state, as may
be directed in an order by the director.
"Reportable disease" means a disease designated by rule
by the director as reportable to the department by veterinarians and others made responsible to report by statute.
"Veterinary biologic" means any virus, serum, toxin, and
analogous product of natural or synthetic origin, or product
prepared from any type of genetic engineering, such as diagnostics, antitoxins, vaccines, live microorganisms, killed
microorganisms, and the antigenic or immunizing components intended for use in the diagnosis, treatment, or prevention of diseases in animals. [2003 c 39 § 9; 1998 c 8 § 1; 1987
c 163 § 1; 1953 c 17 § 1.]
Chapter 16.49
Chapter 16.49 RCW
CUSTOM SLAUGHTERING
Sections
16.49.008
Application.
16.49.008
16.49.008 Application. (1) This chapter does not apply
to the slaughter and preparation of one thousand or fewer pastured chickens in a calendar year by the agricultural producer
of the chickens for the sale of whole raw chickens by the producer directly to the ultimate consumer at the producer's
farm.
(2) For the purposes of this section, "chicken" means the
species Gallus domesticus. [2003 c 397 § 1.]
Chapter 16.52 RCW
PREVENTION OF CRUELTY TO ANIMALS
Chapter 16.52
Sections
16.52.015
16.52.190
16.52.193
16.52.195
16.52.200
16.52.230
Enforcement—Law enforcement agencies and animal care
and control agencies. (Effective July 1, 2004.)
Poisoning animals—Penalty. (Effective July 1, 2004.)
Poisoning animals—Strychnine sales—Records—Report on
suspected purchases. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Sentences—Forfeiture of animals—Liability for costs—Civil
penalty—Education, counseling. (Effective July 1, 2004.)
Remedies not impaired. (Effective July 1, 2004.)
16.52.015
16.52.015 Enforcement—Law enforcement agencies
and animal care and control agencies. (Effective July 1,
2004.) (1) Law enforcement agencies and animal care and
control agencies may enforce the provisions of this chapter.
[2003 RCW Supp—page 157]
16.52.190
Title 16 RCW: Animals and Livestock
Animal care and control agencies may enforce the provisions
of this chapter in a county or city only if the county or city
legislative authority has entered into a contract with the
agency to enforce the provisions of this chapter.
(2) Animal control officers enforcing this chapter shall
comply with the same constitutional and statutory restrictions
concerning the execution of police powers imposed on law
enforcement officers who enforce this chapter and other
criminal laws of the state of Washington.
(3) Animal control officers have the following enforcement powers when enforcing this chapter:
(a) The power to issue citations based on probable cause
to offenders for misdemeanor and gross misdemeanor violations of this chapter or RCW 9.08.070 through 9.08.078 or
81.56.120;
(b) The power to cause a law enforcement officer to
arrest and take into custody any person the animal control
officer has probable cause to believe has committed or is
committing a violation of this chapter or RCW 9.08.070 or
81.56.120. Animal control officers may make an oral complaint to a prosecuting attorney or a law enforcement officer
to initiate arrest. The animal control officer causing the arrest
shall file with the arresting agency a written complaint within
twenty-four hours of the arrest, excluding Sundays and legal
holidays, stating the alleged act or acts constituting a violation;
(c) The power to carry nonfirearm protective devices for
personal protection;
(d) The power to prepare affidavits in support of search
warrants and to execute search warrants when accompanied
by law enforcement officers to investigate violations of this
chapter or RCW 9.08.070 or 81.56.120, and to seize evidence
of those violations.
(4) Upon request of an animal control officer who has
probable cause to believe that a person has violated this chapter or RCW 9.08.070 or 81.56.120, a law enforcement agency
officer may arrest the alleged offender. [2003 c 53 § 110;
1994 c 261 § 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
16.52.190
16.52.190 Poisoning animals—Penalty. (Effective
July 1, 2004.) (1) Except as provided in subsections (2) and
(3) of this section, a person is guilty of the crime of poisoning
animals if the person intentionally or knowingly poisons an
animal under circumstances which do not constitute animal
cruelty in the first degree.
(2) Subsection (1) of this section shall not apply to euthanizing by poison an animal in a lawful and humane manner
by the animal's owner, or by a duly authorized servant or
agent of the owner, or by a person acting pursuant to instructions from a duly constituted public authority.
(3) Subsection (1) of this section shall not apply to the
reasonable use of rodent or pest poison, insecticides, fungicides, or slug bait for their intended purposes. As used in this
section, the term "rodent" includes but is not limited to
Columbia ground squirrels, other ground squirrels, rats, mice,
gophers, rabbits, and any other rodent designated as injurious
to the agricultural interests of the state as provided in *chap[2003 RCW Supp—page 158]
ter 17.16 RCW. The term "pest" as used in this section
includes any pest as defined in RCW 17.21.020.
(4) A person violating this section is guilty of a gross
misdemeanor. [2003 c 53 § 111; 1994 c 261 § 13; 1941 c 105
§ 1; RRS § 3207-1. Formerly RCW 16.52.150, part.]
*Reviser's note: Chapter 17.16 RCW was repealed by 1994 c 11 § 1.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
16.52.193
16.52.193 Poisoning animals—Strychnine sales—
Records—Report on suspected purchases. (Effective July
1, 2004.) (1) It is unlawful for any person other than a registered pharmacist to sell at retail or furnish to any person any
strychnine: PROVIDED, That nothing herein prohibits
county, state, or federal agents, in the course of their duties,
from furnishing strychnine to any person. Every such registered pharmacist selling or furnishing such strychnine shall,
before delivering the same, record the transaction as provided
in RCW 69.38.030. If any such registered pharmacist suspects that any person desiring to purchase strychnine intends
to use the same for the purpose of poisoning unlawfully any
domestic animal or domestic bird, he or she may refuse to sell
to such person, but whether or not he or she makes such sale,
he or she shall if he or she so suspects an intention to use the
strychnine unlawfully, immediately notify the nearest peace
officer, giving such officer a complete description of the person purchasing, or attempting to purchase, such strychnine.
(2) A person violating this section is guilty of a gross
misdemeanor. [2003 c 53 § 112; 1987 c 34 § 7; 1941 c 105 §
2; Rem. Supp. 1941 § 3207-2. Formerly RCW 18.67.110.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
16.52.195
16.52.195 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
16.52.200
16.52.200 Sentences—Forfeiture of animals—Liability for costs—Civil penalty—Education, counseling.
(Effective July 1, 2004.) (1) The sentence imposed for a misdemeanor or gross misdemeanor violation of this chapter
may be deferred or suspended in accordance with RCW
3.66.067 and 3.66.068, however the probationary period shall
be two years.
(2) In case of multiple misdemeanor or gross misdemeanor convictions, the sentences shall be consecutive, however the probationary period shall remain two years.
(3) In addition to the penalties imposed by the court, the
court shall order the forfeiture of all animals held by law
enforcement or animal care and control authorities under the
provisions of this chapter if any one of the animals involved
dies as a result of a violation of this chapter or if the defendant has a prior conviction under this chapter. In other cases
the court may enter an order requiring the owner to forfeit the
animal if the court deems the animal's treatment to have been
severe and likely to reoccur. If forfeiture is ordered, the
owner shall be prohibited from owning or caring for any similar animals for a period of two years. The court may delay
its decision on forfeiture under this subsection until the end of
the probationary period.
Identification of Livestock
(4) In addition to fines and court costs, the defendant,
only if convicted or in agreement, shall be liable for reasonable costs incurred pursuant to this chapter by law enforcement agencies, animal care and control agencies, or authorized private or public entities involved with the care of the
animals. Reasonable costs include expenses of the investigation, and the animal's care, euthanization, or adoption.
(5) If convicted, the defendant shall also pay a civil penalty of one thousand dollars to the county to prevent cruelty
to animals. These funds shall be used to prosecute offenses
under this chapter and to care for forfeited animals pending
trial.
(6) As a condition of the sentence imposed under this
chapter or RCW 9.08.070 through 9.08.078, the court may
also order the defendant to participate in an available animal
cruelty prevention or education program or obtain available
psychological counseling to treat mental health problems
contributing to the violation's commission. The defendant
shall bear the costs of the program or treatment. [2003 c 53 §
113; 1994 c 261 § 14; 1987 c 335 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Construction—Severability—1987 c 335: See notes following RCW
16.52.085.
16.52.230
16.52.230 Remedies not impaired. (Effective July 1,
2004.) No provision of RCW 9.08.070 through 9.08.078 or
16.52.220 shall in any way interfere with or impair the operation of any other provision of this chapter or Title 28B
RCW, relating to higher education or biomedical research.
The provisions of RCW 9.08.070 through 9.08.078 and
16.52.220 are cumulative and nonexclusive and shall not
affect any other remedy. [2003 c 53 § 114; 1989 c 359 § 5.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 16.57
Chapter 16.57 RCW
IDENTIFICATION OF LIVESTOCK
Sections
16.57.010
16.57.015
16.57.020
16.57.023
16.57.025
16.57.030
16.57.040
16.57.050
16.57.080
16.57.090
16.57.100
16.57.120
16.57.130
16.57.140
16.57.150
16.57.153
16.57.160
16.57.165
16.57.170
16.57.180
16.57.200
16.57.210
16.57.220
Definitions.
Livestock identification advisory board—Rule review—Fee
setting.
Livestock brands—Director is the recorder—Recording fee.
(Effective January 1, 2004.)
Permanent renewal of brands—Heritage brands—Fees.
Livestock inspection—Licensed and accredited veterinarians—Fees.
Tattoo brands and marks not recordable.
Production record brands.
Use of unrecorded brand prohibited—Exception.
Renewal of recorded brands—Schedule—Fee—Failure to
pay. (Effective January 1, 2004.)
Brand is personal property—Instruments affecting title,
recording, effect—Fee—Nonliability of director for agents.
Right to use brand—Brand as evidence of title.
Removal or alteration of brand—Penalty.
Similar brands not to be recorded.
Certified copy of record of brand—Fee.
Brand book—Contents—Costs.
Administration of brands—Rules.
Cattle or horses—Rules—Mandatory inspection points.
Agreements with others to perform livestock inspection.
Inspection of livestock, hides, records.
Search warrants.
Duty of owner or agent—Livestock inspection.
Arrest without warrant.
Livestock inspection—Fee schedule—Certificates.
16.57.223
16.57.230
16.57.240
16.57.243
16.57.245
16.57.260
16.57.267
16.57.270
16.57.275
16.57.280
16.57.290
16.57.300
16.57.303
16.57.310
16.57.320
16.57.330
16.57.340
16.57.360
16.57.370
16.57.380
16.57.400
16.57.410
16.57.902
16.57.010
Payment of inspection fee—Due at inspection—Lien—Late
fee.
Charges for livestock inspection—Actual inspection required.
Certificates of permit, inspection, self-inspection.
Moving or transporting cattle—Certificate or proof of ownership must accompany—Exceptions.
Authority to stop vehicles carrying cattle or horses.
Removal of cattle or horses from state—Inspection certificate
required.
Failure to present animal for inspection.
Unlawful to refuse assistance in establishing identity and ownership of livestock.
Transporting cattle carcass or primal part—Certificate of permit required.
Possession of cattle or horse marked with another's brand—
Penalty.
Impounding cattle and horses—No certificate or proof of ownership when offered for sale—Disposition.
Proceeds from sale of impounded cattle and horses—Paid to
director—Exception.
Proceeds from sale of impounded dairy breed cattle—Paid to
seller.
Notice of sale—Claim on proceeds.
Disposition of proceeds of sale when no proof of ownership—
Penalty for accepting proceeds after sale, barter, trade.
Disposition of proceeds of sale—No claim made—No proof of
ownership provided.
Reciprocal agreements—When livestock from another state an
estray, sale.
Civil infractions.
Disposition of fees.
Repealed.
Horse and cattle identification—Inspection when consigned
for sale.
Horses—Registering agencies—Permit required—Fee—
Records—Identification symbol inspections—Rules.
Effective dates—2003 c 326.
16.57.010
16.57.010 Definitions. For the purpose of this chapter:
(1) "Department" means the department of agriculture of
the state of Washington.
(2) "Director" means the director of the department or
his or her duly authorized representative.
(3) "Person" means a natural person, individual, firm,
partnership, corporation, company, society, and association,
and every officer, agent or employee thereof. This term shall
import either the singular or the plural as the case may be.
(4) "Livestock" includes, but is not limited to, horses,
mules, cattle, sheep, swine, and goats.
(5) "Brand" means a permanent fire brand or any artificial mark, other than an individual identification symbol,
approved by the director to be used in conjunction with a
brand or by itself.
(6) "Production record brand" means a number brand
which shall be used for production identification purposes
only.
(7) "Livestock inspection" or "inspection" means the
examination of livestock or livestock hides for brands or any
means of identifying livestock or livestock hides including
the examination of documents providing evidence of ownership.
(8) "Individual identification symbol" means a permanent mark placed on a horse for the purpose of individually
identifying and registering the horse and which has been
approved for use as such by the director.
(9) "Registering agency" means any person issuing an
individual identification symbol for the purpose of individually identifying and registering a horse.
(10) "Ratite" means, but is not limited to, ostrich, emu,
rhea, or other flightless bird used for human consumption,
whether live or slaughtered.
[2003 RCW Supp—page 159]
16.57.015
Title 16 RCW: Animals and Livestock
(11) "Microchipping" means the implantation of an identification microchip or similar electronic identification
device to establish the identity of an individual animal:
(a) In the pipping muscle of a chick ratite or the implantation of a microchip in the tail muscle of an otherwise unidentified adult ratite;
(b) In the nuchal ligament of a horse unless otherwise
specified by rule of the director; and
(c) In locations of other livestock species as specified by
rule of the director when requested by an association of producers of that species of livestock.
(12) "Certificate of permit" means a form prescribed by
and obtained from the director that is completed by the owner
or a person authorized to act on behalf of the owner to show
the ownership of livestock. It is used to document ownership
of livestock while in transit within the state or on consignment to any public livestock market, special sale, slaughter
plant or certified feed lot. It does not evidence inspection of
livestock.
(13) "Inspection certificate" means a certificate issued by
the director or a veterinarian certified by the director documenting the ownership of an animal based on an inspection of
the animal. It includes an individual identification certificate.
(14) "Individual identification certificate" means an
inspection certificate that authorizes the livestock owner to
transport the animal out of state multiple times within a set
period of time.
(15) "Self-inspection certificate" means a form prescribed by and obtained from the director that is completed
and signed by the buyer and seller of livestock to document a
change in ownership.
(16) "Horses" means horses, burros, and mules. [2003 c
326 § 2; 1996 c 105 § 1; 1993 c 105 § 2; 1989 c 286 § 22;
1981 c 296 § 15; 1979 c 154 § 17; 1967 c 240 § 34; 1959 c 54
§ 1.]
Legislative finding and purpose—1993 c 105: "The legislature finds
that ratites have been raised for commercial purposes on farms in the United
States for over sixty years and have been raised elsewhere for over one hundred twenty years.
In recognition that ratite farming is an agricultural pursuit, the purpose
of this act is to assure that the regulatory mechanisms regarding animal
health and ownership identification are in place." [1993 c 105 § 1.]
Severability—1989 c 286: See note following RCW 16.04.010.
Severability—1981 c 296: See note following RCW 15.08.010.
Severability—1979 c 154: See note following RCW 15.49.330.
16.57.015
16.57.015 Livestock identification advisory board—
Rule review—Fee setting. (1) The director shall establish a
livestock identification advisory board. The board shall be
composed of six members appointed by the director. One
member shall represent each of the following groups: Beef
producers, public livestock market operators, horse owners,
dairy farmers, cattle feeders, and meat processors. As used in
this subsection, "meat processor" means a person licensed to
operate a slaughtering establishment under chapter 16.49
RCW or the federal meat inspection act (21 U.S.C. Sec. 601
et seq.). In making appointments, the director shall solicit
nominations from organizations representing these groups
statewide. The board shall elect a member to serve as chair
of the board.
(2) The purpose of the board is to provide advice to the
director regarding livestock identification programs adminis[2003 RCW Supp—page 160]
tered under this chapter and regarding inspection fees and
related licensing fees. The director shall consult the board
before adopting, amending, or repealing a rule under this
chapter or altering a fee under RCW 16.58.050, 16.65.030,
16.65.037, or 16.65.090. If the director publishes in the state
register a proposed rule to be adopted under the authority of
this chapter and the rule has not received the approval of the
advisory board, the director shall file with the board a written
statement setting forth the director's reasons for proposing the
rule without the board's approval.
(3) The members of the advisory board serve three-year
terms. However, the director shall by rule provide shorter
initial terms for some of the members of the board to stagger
the expiration of the initial terms. The members serve without compensation. The director may authorize the expenses
of a member to be reimbursed if the member is selected to
attend a regional or national conference or meeting regarding
livestock identification. Any such reimbursement shall be in
accordance with RCW 43.03.050 and 43.03.060. [2003 c 326
§ 3; 1993 c 354 § 10.]
16.57.020
16.57.020 Livestock brands—Director is the
recorder—Recording fee. (Effective January 1, 2004.)
The director shall be the recorder of livestock brands and
such brands shall not be recorded elsewhere in this state. Any
person desiring to record a livestock brand shall apply on a
form prescribed by the director. The application shall be
accompanied by a facsimile of the brand applied for and a
one hundred twenty dollar recording fee. The director shall,
upon his or her satisfaction that the application and brand facsimile meet the requirements of this chapter and its rules,
record the brand. [2003 c 326 § 4; 1994 c 46 § 7; 1971 ex.s.
c 135 § 1; 1965 c 66 § 1; 1959 c 54 § 2.]
Effective date—1994 c 46: See note following RCW 15.58.070.
16.57.023
16.57.023 Permanent renewal of brands—Heritage
brands—Fees. The director may adopt rules establishing
criteria and fees for the permanent renewal of brands registered with the department but renewed as livestock heritage
brands. Such heritage brands are not intended for use on livestock. [2003 c 326 § 5; 1998 c 263 § 5.]
16.57.025
16.57.025 Livestock inspection—Licensed and
accredited veterinarians—Fees. The director may enter
into agreements with Washington state licensed and accredited veterinarians, who have been certified by the director, to
perform livestock inspection. Fees for livestock inspection
performed by a certified veterinarian shall be collected by the
veterinarian and remitted to the director. Veterinarians providing livestock inspection may charge a fee for livestock
inspection that is in addition to and separate from fees collected under RCW 16.57.220. The director may adopt rules
necessary to implement livestock inspection performed by
veterinarians and may adopt fees to cover the cost associated
with certification of veterinarians. [2003 c 326 § 6; 1998 c
263 § 6.]
16.57.030
16.57.030 Tattoo brands and marks not recordable.
The director shall not record tattoo brands or marks for any
purpose. [2003 c 326 § 7; 1959 c 54 § 3.]
Identification of Livestock
16.57.160
16.57.040
16.57.040 Production record brands. The director
may provide for the use of production record brands. Numbers for such brands shall be issued at the discretion of the
director and shall be placed on livestock immediately below
the recorded ownership brand or any other location prescribed by the director. [2003 c 326 § 8; 1974 ex.s. c 64 § 1;
1959 c 54 § 4.]
16.57.050
16.57.050 Use of unrecorded brand prohibited—
Exception. No person shall place a brand on livestock for
any purpose unless the brand is recorded with the director in
the person's name. [2003 c 326 § 9; 1959 c 54 § 5.]
16.57.080
16.57.080 Renewal of recorded brands—Schedule—
Fee—Failure to pay. (Effective January 1, 2004.) The
director shall establish by rule a schedule for the renewal of
recorded brands. The fee for renewal of a recorded brand
shall be one hundred twenty dollars for each four-year period
of brand ownership, except that the director may, in adopting
a renewal schedule, provide for the collection of renewal fees
on a prorated basis. At least sixty days before the expiration
of a recorded brand, the director shall notify by letter the
owner of record of the brand that on the payment of the
renewal fee the director shall issue proof of payment allowing the brand owner exclusive ownership and use of the brand
for the subsequent ownership period. The failure of the
owner to pay the renewal fee by the date required by rule
shall cause ownership of the brand to expire. For one year
following the expiration, the director shall record the brand
only to the prior owner upon payment of the renewal fee and
a late fee of twenty-five dollars. If the brand is not recorded
within one year to the prior owner, the director may issue the
brand to any other applicant. [2003 c 326 § 10; 1994 c 46 §
16; 1993 c 354 § 5; 1991 c 110 § 1; 1974 ex.s. c 64 § 2; 1971
ex.s. c 135 § 2; 1965 c 66 § 3; 1961 c 148 § 1; 1959 c 54 § 8.]
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW
16.65.030.
16.57.090
16.57.090 Brand is personal property—Instruments
affecting title, recording, effect—Fee—Nonliability of
director for agents. A brand is the personal property of the
owner of record. Any instrument affecting the title of the
brand shall be executed by the recorded owner and acknowledged by a notary public. The director shall record the instrument upon presentation and payment of a recording fee of
twenty-five dollars. The recording shall be constructive
notice to all the world of the existence and conditions affecting the title to the brand. A copy of all records concerning the
brand, certified by the director, shall be received in evidence
to all intent and purposes as the original instrument. The
director shall not be personally liable for failure of the director's agents to properly record the instrument. [2003 c 326 §
11; 1994 c 46 § 17; 1993 c 354 § 6; 1974 ex.s. c 64 § 3; 1965
c 66 § 2; 1959 c 54 § 9.]
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW
16.65.030.
16.57.100
16.57.100 Right to use brand—Brand as evidence of
title. The right to use a brand shall be evidenced by the orig-
inal certificate issued by the director showing that the brand
is of present record or a certified copy of the record of the
brand showing that it is of present record. A healed brand of
record on livestock shall be prima facie evidence that the
recorded owner of the brand has legal title to the livestock
and is entitled to its possession. The director may require
additional proof of ownership for any animal showing more
than one healed brand. [2003 c 326 § 12; 1971 ex.s. c 135 §
3; 1959 c 54 § 10.]
16.57.120
16.57.120 Removal or alteration of brand—Penalty.
No person shall remove or alter a brand of record on livestock
without first having secured the written permission of the
director. Violation of this section is a gross misdemeanor.
[2003 c 326 § 13; 1991 c 110 § 2; 1959 c 54 § 12.]
16.57.130
16.57.130 Similar brands not to be recorded. The
director shall not record a brand that is identical to a brand of
present record; nor a brand so similar to a brand of present
record that it will be difficult to distinguish between the
brands when applied to livestock. [2003 c 326 § 14; 1959 c
54 § 13.]
16.57.140
16.57.140 Certified copy of record of brand—Fee.
The owner of a brand of record may obtain from the director
a certified copy of the record of the owner's brand upon payment of a fee of fifteen dollars. [2003 c 326 § 15; 1994 c 46
§ 18; 1993 c 354 § 7; 1974 ex.s. c 64 § 4; 1959 c 54 § 14.]
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW
16.65.030.
16.57.150
16.57.150 Brand book—Contents—Costs. The director shall publish a book to be known as the "Washington State
Brand Book", showing all the brands of record. The book
shall contain the name and address of the owners of brands of
record and a copy of the livestock identification laws and
rules. Supplements to the brand book showing newly
recorded brands, amendments, or newly adopted rules shall
be published at the discretion of the director. Whenever the
director deems it necessary, the director may publish a new
brand book. The director may collect moneys to recover the
reasonable costs of publishing and distributing copies of the
brand book. [2003 c 326 § 16; 1974 ex.s. c 64 § 5; 1959 c 54
§ 15.]
16.57.153
16.57.153 Administration of brands—Rules. The
director may adopt rules necessary to administer the recording and changing of ownership of brands. [2003 c 326 § 17.]
16.57.160
16.57.160 Cattle or horses—Rules—Mandatory
inspection points. The director may adopt rules:
(1) Designating any point for mandatory inspection of
cattle or horses or the furnishing of proof that cattle or horses
passing or being transported through the point have been
inspected or identified and are lawfully being transported;
(2) Providing for self-inspection of fifteen head or less of
cattle;
[2003 RCW Supp—page 161]
16.57.165
Title 16 RCW: Animals and Livestock
(3) Providing for issuance of individual horse and cattle
identification certificates or other means of horse and cattle
identification; and
(4) Designating the documents that constitute other satisfactory proof of ownership for cattle and horses. A bill of
sale may not be designated as documenting satisfactory proof
of ownership for cattle. [2003 c 326 § 18; 1991 c 110 § 3;
1981 c 296 § 16; 1971 ex.s. c 135 § 4; 1959 c 54 § 16.]
Effective date—1981 c 296 § 16: "Section 16 of this amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect immediately [May 19, 1981]." [1981 c 296 § 34.]
Severability—1981 c 296: See note following RCW 15.08.010.
16.57.165
16.57.165 Agreements with others to perform livestock inspection. The director may, in order to reduce the
cost of inspection to livestock owners, enter into agreements
with any qualified county, municipal, or other local law
enforcement agency, or qualified individuals for the purpose
of performing livestock inspection in areas where inspection
by the director may not readily be available. [2003 c 326 §
19; 1971 ex.s. c 135 § 6.]
16.57.170
16.57.170 Inspection of livestock, hides, records. The
director may enter at any reasonable time any slaughterhouse
or public livestock market to inspect livestock or hides, and
may enter at any reasonable time an establishment where
hides are held to inspect them for brands or other means of
identification. The director may enter any of these premises
at any reasonable time to examine all books and records
required by law in matters relating to livestock identification.
For purposes of this section, "any reasonable time" means
during regular business hours or during any working shift.
[2003 c 326 § 20; 1959 c 54 § 17.]
16.57.180
16.57.180 Search warrants. Should the director be
denied access to any premises or establishment where access
was sought for the purposes set forth in RCW 16.57.170, the
director may apply to any court of competent jurisdiction for
a search warrant authorizing access to the premises or establishment for those purposes. The court may upon application, issue the search warrant for the purposes requested.
[2003 c 326 § 21; 1959 c 54 § 18.]
16.57.200
16.57.200 Duty of owner or agent—Livestock inspection. Any owner or his or her agent shall make livestock
being inspected readily accessible and shall cooperate with
the director to carry out the inspection in a safe and expeditious manner. [2003 c 326 § 22; 1959 c 54 § 20.]
16.57.210
16.57.210 Arrest without warrant. The director shall
have authority to arrest without warrant anywhere in the state
any person found in the act of, or whom the director has reason to believe is guilty of, transporting, holding, selling, or
slaughtering stolen livestock. Any person arrested by the
director shall be turned over to the county sheriff or other
local law enforcement officer where the arrest was made, as
quickly as possible. [2003 c 326 § 23; 1959 c 54 § 21.]
subsection (2), (3), or (4) of this section, the fee for livestock
inspection is eighty-five cents per head for cattle and three
dollars and fifty cents for horses or fifteen dollars per hour
and the current mileage rate set by the office of financial
management, whichever is greater.
(2) When a single inspection certificate issued for thirty
or more horses belonging to one person, the fee for livestock
inspection is two dollars per head or fifteen dollars per hour
and the current mileage rate set by the office of financial
management, whichever is greater.
(3) The fee for individual identification certificates is
twenty dollars for an annual certificate and sixty dollars for a
lifetime certificate or fifteen dollars per hour and the current
mileage rate set by the office of financial management,
whichever is greater. However, the fee for an annual certificate listing thirty or more animals belonging to one person is
five dollars per head or fifteen dollars per hour and the current mileage rate set by the office of financial management,
whichever is greater. A lifetime certificate shall not be issued
until the fee has been paid to the director.
(4) The minimum fee for the issuance of an inspection
certificate by the director is five dollars. The minimum fee
does not apply to livestock consigned to a public livestock
market or special sale. [2003 c 326 § 24; 1997 c 356 § 3;
1997 c 356 § 2; 1995 c 374 § 49; (1995 c 374 § 48 expired
July 1, 1997). Prior: 1994 c 46 § 25; 1994 c 46 § 19; 1993 c
354 § 8; 1981 c 296 § 17; 1971 ex.s. c 135 § 5; 1967 c 240 §
35; 1959 c 54 § 22.]
Effective dates—1997 c 356: "(1) Sections 2, 4, 6, 8, and 10 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect July 1, 1997.
(2) Sections 3, 5, 7, 9, and 11 of this act take effect July 1, 1998."
[1997 c 356 § 12.]
Effective date—Expiration date—1995 c 374 §§ 48, 49, 56, and 57:
"(1) Sections 49 and 57 of this act shall take effect July 1, 1997.
(2) Sections 48 and 56 of this act shall expire July 1, 1997." [1995 c
374 § 58.]
Effective date—1994 c 46 §§ 21-25: See note following RCW
16.65.090.
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW
16.65.030.
Severability—1981 c 296: See note following RCW 15.08.010.
16.57.223
16.57.223 Payment of inspection fee—Due at inspection—Lien—Late fee. (1) Any inspection fee shall be paid
to the department by the owner or person in possession of the
livestock unless the inspection is requested by the purchaser
and then the fee shall be paid by the purchaser.
(2) Except as provided by rule, the inspection fee is due
and payable at the time inspection is performed and shall be
paid upon billing by the department and, if not, constitutes a
prior lien on the cattle or cattle hides or horses or horse hides
inspected until the fee is paid.
(3) A late fee of one and one-half percent per month shall
be assessed on the unpaid balance against persons more than
thirty days in arrears. [2003 c 326 § 25.]
16.57.230
16.57.220
16.57.220 Livestock inspection—Fee schedule—Certificates. (1) Except as provided for in RCW 16.65.090 and
[2003 RCW Supp—page 162]
16.57.230 Charges for livestock inspection—Actual
inspection required. No person shall collect or make a
charge for inspection of livestock unless there has been an
Identification of Livestock
actual inspection of the livestock. [2003 c 326 § 26; 1995 c
374 § 50; 1959 c 54 § 23.]
16.57.290
Severability—1981 c 296: See note following RCW 15.08.010.
16.57.267
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
16.57.240
16.57.240 Certificates of permit, inspection, selfinspection. (1) Certificates of permit, inspection certificates,
and self-inspection certificates shall show the owner, number, breed, sex, brand, or other method of identification of the
cattle or horses and any other necessary information required
by the director.
(2) The director may issue certificate of permit forms to
any person on payment of a fee established by rule.
(3) Certificates of permit, inspection certificates, selfinspection certificates, or other satisfactory proof of ownership shall be kept by the owner and/or person in possession of
any cattle and shall be furnished to the director or any peace
officer upon demand.
(4) A self-inspection certificate is not valid if proof of
ownership is not provided to the buyer for cattle bearing
brands not recorded to the seller. [2003 c 326 § 27; 1995 c
374 § 51; 1991 c 110 § 4; 1985 c 415 § 8; 1981 c 296 § 18;
1959 c 54 § 24.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Severability—1981 c 296: See note following RCW 15.08.010.
16.57.243
16.57.243 Moving or transporting cattle—Certificate
or proof of ownership must accompany—Exceptions.
Cattle may not be moved or transported within this state without being accompanied by a certificate of permit, inspection
certificate, self-inspection certificate, or other satisfactory
proof of ownership, except:
(1) When the cattle are moved or transported upon lands
under the exclusive control of the person moving or transporting the cattle; or
(2) When the cattle are being moved or transported for
temporary grazing or feeding purposes and have the recorded
brand of the person having or transporting the cattle.
Certificates of permit, inspection certificates, selfinspection certificates, or other satisfactory proof of ownership accompanying cattle being moved or transported within
this state shall be subject to inspection at any time by the
director or any peace officer. [2003 c 326 § 28.]
16.57.245
16.57.245 Authority to stop vehicles carrying cattle
or horses. The director or any peace officer may stop vehicles carrying cattle or horses to determine if the livestock
being transported are accompanied by a certificate of permit,
inspection certificate, self-inspection certificate, or other satisfactory proof of ownership, as determined by the director.
[2003 c 326 § 29.]
16.57.260
16.57.260 Removal of cattle or horses from state—
Inspection certificate required. It is unlawful for any person to remove or cause to be removed or accept for removal
from this state, any cattle or horses which are not accompanied at all times by an inspection certificate on such cattle or
horses, except as provided by rule adopted under this chapter.
[2003 c 326 § 30; 1981 c 296 § 19; 1959 c 54 § 26.]
16.57.267 Failure to present animal for inspection. It
is unlawful for any person to fail to present an animal for
inspection at any mandatory inspection point designated by
the director by rule under this chapter. [2003 c 326 § 31.]
16.57.270
16.57.270 Unlawful to refuse assistance in establishing identity and ownership of livestock. It is unlawful for
any person moving or transporting livestock in this state to
refuse to assist the director or any peace officer in establishing the identity and ownership of the livestock being moved
or transported. [2003 c 326 § 32; 1959 c 54 § 27.]
16.57.275
16.57.275 Transporting cattle carcass or primal
part—Certificate of permit required. Any cattle carcass,
or primal part thereof, of any breed or age being transported
in this state from other than a state or federal licensed and
inspected slaughterhouse or common carrier hauling for the
slaughterhouse, shall be accompanied by a certificate of permit signed by the owner of the carcass or primal part thereof
and, if the carcass or primal part is delivered to a facility custom handling the carcasses or primal parts thereof, the certificate of permit shall be deposited with the owner or manager
of the custom handling facility and the certificate of permit
shall be retained for a period of one year and be made available to the department for inspection during regular business
hours or any working shift. [2003 c 326 § 33; 1967 c 240 §
37.]
16.57.280
16.57.280 Possession of cattle or horse marked with
another's brand—Penalty. No person shall knowingly
have possession of any cattle or horse marked with a recorded
brand of another person unless the:
(1) Cattle or horse lawfully bears the person's own
healed recorded brand; or
(2) Cattle or horse is accompanied by a certificate of permit from the owner of the recorded brand; or
(3) Cattle or horse is accompanied by an inspection certificate; or
(4) Cattle is accompanied by a self-inspection certificate;
or
(5) Horse is accompanied by a bill of sale from the previous owner; or
(6) Cattle or horse is accompanied by other satisfactory
proof of ownership as designated in rule.
A violation of this section constitutes a gross misdemeanor. [2003 c 326 § 34; 1995 c 374 § 52; 1991 c 110 § 5;
1959 c 54 § 28.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
16.57.290
16.57.290 Impounding cattle and horses—No certificate or proof of ownership when offered for sale—Disposition. All cattle and horses that are not accompanied by a
certificate of permit, inspection certificate, self-inspection
certificate, or other satisfactory proof of ownership when
offered for sale and presented for inspection by the director,
shall be impounded. If theft is suspected, the director shall
immediately initiate an investigation. If theft is not suspected, the animal shall be sold and the proceeds retained by
[2003 RCW Supp—page 163]
16.57.300
Title 16 RCW: Animals and Livestock
the director. Upon the sale of the cattle or horses, the director
shall give the purchasers an inspection certificate for the cattle or horses documenting their ownership. [2003 c 326 § 35;
1995 c 374 § 53; 1989 c 286 § 23; 1981 c 296 § 20; 1979 c
154 § 18; 1967 ex.s. c 120 § 6; 1959 c 54 § 29.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Severability—1989 c 286: See note following RCW 16.04.010.
Severability—1981 c 296: See note following RCW 15.08.010.
sale, barter, trade. If, after the expiration of one year from
the date of sale, the person presenting the animals for inspection has not provided the director with satisfactory proof of
ownership, the proceeds from the sale shall be paid on the
claim of the owner of the recorded brand. However, it shall
be a gross misdemeanor for the owner of the recorded brand
to knowingly accept such funds after he or she has sold, bartered or traded such animals to the claimant or any other person. [2003 c 326 § 39; 1991 c 110 § 6; 1959 c 54 § 32.]
Severability—1979 c 154: See note following RCW 15.49.330.
16.57.330
16.57.300
16.57.300 Proceeds from sale of impounded cattle
and horses—Paid to director—Exception. Except under
RCW 16.57.303, the proceeds from the sale of cattle and
horses when impounded under RCW 16.57.290, after paying
the cost thereof, shall be paid to the director, who shall make
a record showing the brand or marks or other method of identification of the animals and the amount realized from the sale
thereof. However, the proceeds from a sale of the cattle or
horses at a licensed public livestock market shall be held by
the licensee for a reasonable period not to exceed thirty days
to permit the consignor to establish ownership or the right to
sell the cattle or horses. If the consignor fails to establish
legal ownership or the right to sell the cattle or horses, the
proceeds shall be paid to the director to be disposed of as any
other estray proceeds. [2003 c 326 § 36; 1989 c 286 § 24;
1981 c 296 § 21; 1959 c 54 § 30.]
Severability—1989 c 286: See note following RCW 16.04.010.
Severability—1981 c 296: See note following RCW 15.08.010.
16.57.303
16.57.303 Proceeds from sale of impounded dairy
breed cattle—Paid to seller. The proceeds from the sale of
dairy breed cattle when impounded under RCW 16.57.290,
and after paying the cost thereof, shall be paid to the seller if:
(1) The cattle bears a brand that is not recorded in this
state or any state where a reciprocal agreement is in place as
provided under RCW 16.57.340;
(2) There is no evidence of theft;
(3) The director has posted the brand for at least ninety
days at each licensed public livestock market in this state and
any other state where the director provides for livestock
inspection; and
(4) No other person has established legal ownership of
the cattle with the director.
The proceeds from the sale shall be held by the director
until paid to the seller or other person as specified by the
director. However, the proceeds from a sale of the cattle at a
licensed public livestock market shall be held by the licensee.
[2003 c 326 § 37.]
16.57.310
16.57.310 Notice of sale—Claim on proceeds. When
a person has been notified by registered mail that animals
bearing the person's recorded brand have been sold by the
director, the person shall present to the director a claim on the
proceeds within thirty days from the receipt of the notice or
the director may decide that no claim exists. [2003 c 326 §
38; 1959 c 54 § 31.]
16.57.320
16.57.320 Disposition of proceeds of sale when no
proof of ownership—Penalty for accepting proceeds after
[2003 RCW Supp—page 164]
16.57.330 Disposition of proceeds of sale—No claim
made—No proof of ownership provided. If, after the expiration of one year from the date of sale, no claim under RCW
16.57.310 is made or no satisfactory proof of ownership is
provided under RCW 16.57.320, the money shall be credited
to the department to be expended in carrying out the provisions of this chapter. [2003 c 326 § 40; 1959 c 54 § 33.]
16.57.340
16.57.340 Reciprocal agreements—When livestock
from another state an estray, sale. The director has the
authority to enter into reciprocal agreements with any or all
states to prevent the theft, misappropriation, or loss of identification of livestock. The director may declare any livestock
which is shipped or moved into this state from those states
estrays if the livestock is not accompanied by the proper
inspection certificate or other certificates required by the law
of the state of origin of the livestock. The director may hold
the livestock subject to all costs of holding or sell the livestock and send the funds, after the deduction of the cost of the
sale, to the proper authority in the state of origin of the livestock. [2003 c 326 § 41; 1959 c 54 § 34.]
16.57.360
16.57.360 Civil infractions. The department is authorized to issue notices of and enforce civil infractions in the
manner prescribed under chapter 7.80 RCW.
The violation of any provision of this chapter and/or
rules adopted under this chapter shall constitute a class I civil
infraction as provided under chapter 7.80 RCW unless otherwise specified herein. [2003 c 326 § 42; 1991 c 110 § 7; 1959
c 54 § 36.]
16.57.370
16.57.370 Disposition of fees. All fees collected under
the provisions of this chapter shall be deposited in an account
in the agricultural local fund and used to carry out the purposes of this chapter. [2003 c 326 § 43; 1959 c 54 § 37.]
Fees provided in chapter 16.58 RCW to be used to carry out provisions of
chapters 16.57 and 16.58 RCW: RCW 16.58.130.
16.57.380
16.57.380 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
16.57.400
16.57.400 Horse and cattle identification—Inspection when consigned for sale. Horses and cattle may be
identified by individual identification certificates or other
means of identification authorized by the director. The certificates or other means of identification are valid only for the
use of the owner in whose name it is issued.
Horses and cattle identified pursuant to this section are
only subject to inspection when the animal is consigned for
Identification of Cattle Through Licensing of Certified Feed Lots
sale. [2003 c 326 § 44; 1994 c 46 § 20; 1993 c 354 § 9; 1981
c 296 § 23; 1974 ex.s. c 38 § 3.]
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW
16.65.030.
Severability—1981 c 296: See note following RCW 15.08.010.
16.57.410
16.57.410 Horses—Registering agencies—Permit
required—Fee—Records—Identification symbol inspections—Rules. (1) No person may act as a registering agency
without a permit issued by the director. The director may
issue a permit to any person to act as a registering agency for
the purpose of issuing permanent identification symbols for
horses in a manner prescribed by the director. Application
for a permit, or the renewal thereof by January 1 of each year,
shall be on a form prescribed by the director, and accompanied by the proof of registration to be issued, any other documents required by the director, and a fee of two hundred and
fifty dollars.
(2) Each registering agency shall maintain a permanent
record for each individual identification symbol. The record
shall include, but need not be limited to, the name, address,
and phone number of the horse owner and a general description of the horse. A copy of each permanent record shall be
forwarded to the director, if requested by the director.
(3) Horses shall be examined for individual identification symbols when presented for inspection.
(4) The director shall adopt rules necessary to administer
this section. [2003 c 326 § 45; 1993 c 354 § 11; 1989 c 286
§ 25; 1981 c 296 § 35.]
Severability—1989 c 286: See note following RCW 16.04.010.
Severability—1981 c 296: See note following RCW 15.08.010.
16.58.170
16.58.040
General penalties—Subsequent offenses. (Effective July 1,
2004.)
16.58.020
16.58.020 Definitions. For the purpose of this chapter:
(1) "Certified feed lot" means any place, establishment,
or facility commonly known as a commercial feed lot, cattle
feed lot, or the like, which complies with all of the requirements of this chapter, and any rules adopted under this chapter and which holds a valid license from the director.
(2) "Department" means the department of agriculture of
the state of Washington.
(3) "Director" means the director of the department or
his or her duly authorized representative.
(4) "Licensee" means any persons licensed under the
provisions of this chapter.
(5) "Person" means a natural person, individual, firm,
partnership, corporation, company, society, and association,
and every officer, agent or employee thereof. This term shall
import either the singular or the plural as the case may be.
(6) "Livestock inspection" or "inspection" means the
examination of livestock or livestock hides for brands or any
means of identifying livestock or livestock hides including
the examination of documents providing evidence of ownership.
(7) "Change of ownership" means the transfer of ownership from one person to another by the sale of livestock. It
does not mean: A change in partners within a partnership; a
change in members within an association or a society; or the
sale of stock within a corporation, company, or association.
(8) "Direct to slaughter" means the delivery of livestock
to a slaughter plant within ten days of the sale of the cattle to
the slaughter plant. [2003 c 326 § 46; 1971 ex.s. c 181 § 2.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.57.902
16.57.902 Effective dates—2003 c 326. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect July 1, 2003,
except for sections 4 and 10 of this act which take effect January 1, 2004. [2003 c 326 § 93.]
Chapter 16.58 RCW
IDENTIFICATION OF CATTLE THROUGH
LICENSING OF CERTIFIED FEED LOTS
Chapter 16.58
Sections
16.58.020
16.58.030
16.58.040
16.58.050
16.58.060
16.58.070
16.58.080
16.58.095
16.58.100
16.58.110
16.58.130
16.58.140
16.58.150
16.58.160
16.58.170
Definitions.
Rules—Interference with director proscribed.
Certified feed lot license—Required—Application, contents.
Certified feed lot license—Fee—Issuance or renewal—
Inspection prior to issuance of original license.
Certified feed lot license—Expiration—Late renewal.
Certified feed lot license—Denial, suspension, or revocation—Hearings.
Livestock inspection—Facilities required—Help to be furnished.
Inspection required for cattle not having inspection certificate.
Audits—Purpose.
Records—Contents—Examination.
Feed lots—Fee for each head of cattle handled—Failure to
pay.
Disposition of fees.
Situations when no inspection required—Fee—Suspension of
license—Hearing.
Suspension of license awaiting investigation—Hearing.
General penalties—Subsequent offenses. (Effective until July
1, 2004.)
16.58.030
16.58.030 Rules—Interference with director proscribed. The director may adopt those rules as are necessary
to carry out the purpose of this chapter. No person shall interfere with the director when he or she is performing or carrying out any duties imposed upon the director by this chapter
or rules adopted under this chapter. [2003 c 326 § 47; 1971
ex.s. c 181 § 3.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.58.040
16.58.040 Certified feed lot license—Required—
Application, contents. Any person desiring to engage in the
business of operating one or more certified feed lots shall
obtain an annual license from the director for that purpose.
The application for a license shall be on a form prescribed by
the director and shall include the following:
(1) The number of certified feed lots the applicant
intends to operate and their exact location and mailing
address;
(2) The legal description of the land on which the certified feed lot will be situated;
(3) A complete description of the facilities used for feeding and handling of cattle at each certified feed lot;
(4) The estimated number of cattle which can be handled
for feeding purposes at each certified feed lot; and
(5) Any other information necessary to carry out the purpose and provisions of this chapter and rules adopted under
this chapter. [2003 c 326 § 48; 1971 ex.s. c 181 § 4.]
[2003 RCW Supp—page 165]
16.58.050
Title 16 RCW: Animals and Livestock
Effective dates—2003 c 326: See RCW 16.57.902.
16.58.050
16.58.050 Certified feed lot license—Fee—Issuance
or renewal—Inspection prior to issuance of original
license. (1) The application for an annual license to engage
in the business of operating one or more certified feed lots
shall be accompanied by a license fee of eight hundred fifty
dollars.
(2) Upon approval of the application by the director and
compliance with the provisions of this chapter and rules
adopted under this chapter, the applicant shall be issued a
license or license renewal. The director shall conduct an
inspection of all cattle and their corresponding ownership
documents prior to issuing an original license. The inspection fee is the higher of the current inspection fee per head of
cattle or time and mileage as set forth in RCW 16.57.220.
[2003 c 326 § 49; 1997 c 356 § 5; 1997 c 356 § 4; 1994 c 46
§ 23; 1994 c 46 § 14; 1993 c 354 § 3; 1979 c 81 § 2; 1971
ex.s. c 181 § 5.]
Effective dates—2003 c 326: See RCW 16.57.902.
Effective dates—1997 c 356: See note following RCW 16.57.220.
Effective date—1994 c 46 §§ 21-25: See note following RCW
16.65.090.
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW
16.65.030.
16.58.095
16.58.095 Inspection required for cattle not having
inspection certificate. All cattle entering or reentering a certified feed lot must be inspected upon entry, unless they are
accompanied by an inspection certificate issued by the director, or any other agency authorized in any state or Canadian
province by law to issue a certificate. Licensees shall report
a discrepancy between cattle entering or reentering a certified
feed lot and the inspection certificate accompanying the cattle to the nearest inspector immediately. A discrepancy may
require an inspection of all the cattle entering or reentering
the lot, except as may otherwise be provided by rule. [2003 c
326 § 53; 1991 c 109 § 11; 1979 c 81 § 6.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.58.100
16.58.100 Audits—Purpose. The director shall conduct audits of the cattle received, fed, handled, and shipped
by the licensee at each certified feed lot. These audits shall
be for the purpose of determining if the cattle correlate with
the inspection certificates issued in their behalf and that the
certificate of assurance furnished the director by the licensee
correlates with his or her assurance that inspected cattle were
not commingled with uninspected cattle. [2003 c 326 § 54;
1979 c 81 § 3; 1971 ex.s. c 181 § 10.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.58.110
16.58.060
16.58.060 Certified feed lot license—Expiration—
Late renewal. Certified feed lot licenses expire on June 30th
following the date of issuance. If a person fails, refuses, or
neglects to apply for renewal of a license by June 30th, the
person's license shall expire. To reinstate a license, the person shall be assessed a late fee of twenty-five dollars which
shall be added to the regular license fee and shall be paid
before the director may issue a license to the applicant. [2003
c 326 § 50; 1991 c 109 § 10; 1971 ex.s. c 181 § 6.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.58.070
16.58.070 Certified feed lot license—Denial, suspension, or revocation—Hearings. The director is authorized
to deny, suspend, or revoke a license in accordance with the
provisions of chapter 34.05 RCW if he or she finds that there
has been a failure to comply with any requirement of this
chapter or rules adopted under this chapter. Hearings for the
revocation, suspension, or denial of a license shall be subject
to the provisions of chapter 34.05 RCW. [2003 c 326 § 51;
1989 c 175 § 54; 1971 ex.s. c 181 § 7.]
Effective dates—2003 c 326: See RCW 16.57.902.
Effective date—1989 c 175: See note following RCW 34.05.010.
16.58.080
1 6 . 5 8 .0 8 0 L i v es t o c k i n s p e c t i o n — Fa c i l i t i es
required—Help to be furnished. Every certified feed lot
shall be equipped with a facility or a livestock pen, approved
by the director as to location and construction within the feed
lot so that necessary livestock inspection can be carried on in
a proper, expeditious and safe manner. Each licensee shall
furnish the director with sufficient help necessary to carry out
inspections in the manner set forth above. [2003 c 326 § 52;
1971 ex.s. c 181 § 8.]
Effective dates—2003 c 326: See RCW 16.57.902.
[2003 RCW Supp—page 166]
16.58.110 Records—Contents—Examination. All
certified feed lots shall furnish the director with records as
requested by the director on a monthly basis on all cattle
entering or on feed in the certified feed lots and dispersed
therefrom. These records must include a copy of each
inspection certificate received and an itemized listing of all
cattle entering and leaving the feed lot. All requested records
shall be subject to examination by the director for the purpose
of maintaining the integrity of the identity of all the cattle.
The director may make the examinations only during regular
business hours or any working shift except in an emergency
to protect the interest of the owners of the cattle. [2003 c 326
§ 55; 1991 c 109 § 12; 1971 ex.s. c 181 § 11.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.58.130
16.58.130 Feed lots—Fee for each head of cattle handled—Failure to pay. Each licensee shall pay to the director
a fee of seventeen cents for each head of cattle handled
through the licensee's feed lot. Payment of the fee shall be
made by the licensee on a monthly basis. Failure to pay as
required shall be grounds for suspension or revocation of a
certified feed lot license. The director shall not renew a certified feed lot license if a licensee has failed to make prompt
and timely payments. [2003 c 326 § 56; 1997 c 356 § 7; 1997
c 356 § 6; 1994 c 46 § 24; 1994 c 46 § 15; 1993 c 354 § 4;
1991 c 109 § 14; 1979 c 81 § 4; 1971 ex.s. c 181 § 13.]
Effective dates—2003 c 326: See RCW 16.57.902.
Effective dates—1997 c 356: See note following RCW 16.57.220.
Effective date—1994 c 46 §§ 21-25: See note following RCW
16.65.090.
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW
16.65.030.
Public Livestock Markets
16.58.140
16.58.140 Disposition of fees. All fees provided for in
this chapter shall be deposited in an account in the agricultural local fund and used for enforcing and carrying out the
purpose and provisions of this chapter or chapter 16.57
RCW. [2003 c 326 § 57; 1979 c 81 § 5; 1971 ex.s. c 181 §
14.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.58.150
16.58.150 Situations when no inspection required—
Fee—Suspension of license—Hearing. No inspection shall
be required when cattle are moved or transferred from one
certified feed lot to another when they are accompanied by
satisfactory proof of ownership and there is no change of
ownership or from a certified feed lot to a point within this
state, or out of state where this state maintains inspection, for
the purpose of immediate slaughter. Any change of ownership within a certified feed lot requires a livestock inspection
unless the cattle are sent direct to slaughter. An inspection
fee as provided for in RCW 16.57.220 is payable to the director by the seller of the cattle or through the licensee as an
agent. Upon notice by the director to suspend a license under
this section, a person may request a hearing under chapter
34.05 RCW. [2003 c 326 § 58; 1971 ex.s. c 181 § 15.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.58.160
16.58.160 Suspension of license awaiting investigation—Hearing. The director may, when a certified feed lot's
conditions become such that the integrity of reports or
records of the cattle in that feed lot becomes doubtful, immediately suspend the certified feed lot's license until such time
as the director can conduct an investigation to verify the condition of reports or records.
Upon notice by the director to suspend a license under
this section, a person may request a hearing under chapter
34.05 RCW. [2003 c 326 § 59; 1991 c 109 § 15; 1971 ex.s. c
181 § 16.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.58.170
16.58.170 General penalties—Subsequent offenses.
(Effective until July 1, 2004.) Any person who violates the
provisions of this chapter or any rule adopted under this chapter shall be guilty of a misdemeanor and shall be guilty of a
gross misdemeanor for any second or subsequent violation:
PROVIDED, That any offense committed more than five
years after a previous conviction shall be considered a first
offense. [2003 c 326 § 60; 1971 ex.s. c 181 § 17.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.58.170
16.58.170 General penalties—Subsequent offenses.
(Effective July 1, 2004.) (1) Except as provided in subsection (2) of this section, any person who violates the provisions of this chapter or any rule adopted under this chapter is
guilty of a misdemeanor.
(2) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a
previous conviction shall be considered a first offense. [2003
c 326 § 60; 2003 c 53 § 115; 1971 ex.s. c 181 § 17.]
Reviser's note: This section was amended by 2003 c 53 § 115 and by
2003 c 326 § 60, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
16.65.010
Effective dates—2003 c 326: See RCW 16.57.902.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 16.65
Chapter 16.65 RCW
PUBLIC LIVESTOCK MARKETS
Sections
16.65.005
16.65.010
16.65.015
16.65.020
16.65.030
16.65.037
16.65.040
16.65.042
16.65.050
16.65.080
16.65.090
16.65.100
16.65.110
16.65.140
16.65.170
16.65.190
16.65.200
16.65.235
16.65.260
16.65.270
16.65.280
16.65.300
16.65.340
16.65.350
16.65.380
16.65.390
16.65.400
16.65.420
16.65.422
16.65.423
16.65.424
16.65.440
16.65.440
16.65.445
Purpose.
Definitions.
Application of chapter—Exceptions.
Supervision of markets and special open consignment horse
sales—Rules—Interference with director's duties.
Public livestock market license—Application—Contents—
Fee—Public hearing.
License—Restrictions—Fees.
Public livestock market license—Expiration—Renewal—
Penalty.
Special open consignment horse sale license required—Application—Fee—Where and when valid.
Disposition of fees.
Denial, suspension, revocation of license—Reasons—Hearing.
Livestock inspection—Consignor's fee—Inspection fee.
Livestock inspection—Purchaser's fee.
Repealed.
Custodial account for consignor's proceeds—Authorized withdrawals—Accounts and records.
Records of licensee—Contents.
Schedule of rates and charges.
Licensee's bond to operate market or special open consignment horse sale.
Cash or other security in lieu of surety bond—Rules.
Licensee's failure to pay vendor, consignor—Complaint—
Director's powers and duties.
Licensee's failure to pay vendor, consignor—Failure of vendor, consignor to file claim.
Licensee's failure to pay vendor, consignor—Duties of director when names of creditors not available.
Licensee's failure to pay vendor, consignor—Refusal by surety
company to pay demand—Action on bond—New bond, suspension or revocation of license on failure to file.
Testing, examination, etc., of livestock for disease—Veterinarian employed by the market.
Examinations—Sanitary and health practices and standards—
Rules.
Adequate facilities and space required for veterinarians to
function.
Adequate space and facilities required for livestock inspectors
and veterinarians to function.
Weighing of livestock at public livestock market.
Application for change of or additional sales days, special
sales—Considerations for allocation.
Repealed.
Repealed.
Additional sales days limited to sales of horses and/or mules.
Penalty (as amended by 2003 c 326).
Penalty (as amended by 2003 c 53). (Effective July 1, 2004.)
Public hearings.
16.65.005
16.65.005 Purpose. The purpose of this chapter is to
ensure the orderly marketing of livestock, to ensure the financial stability of public livestock markets, and to protect persons who consign livestock to markets and sales. [2003 c 326
§ 61.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.010
16.65.010 Definitions. For the purposes of this chapter:
(1) The term "public livestock market" means any place,
establishment or facility commonly known as a "public livestock market", "livestock auction market", "livestock sales
ring", yards selling on commission, or the like, conducted or
operated for compensation or profit as a public livestock market, consisting of pens or other enclosures, and their appurtenances in which livestock is received, held, sold, kept for sale
[2003 RCW Supp—page 167]
16.65.015
Title 16 RCW: Animals and Livestock
or shipment. The term does not include the operation of a
person licensed under this chapter to operate a special open
consignment horse sale.
(2) "Department" means the department of agriculture of
the state of Washington.
(3) "Director" means the director of the department or
his or her duly authorized representative.
(4) "Licensee" means any person licensed under the provisions of this chapter.
(5) "Livestock" includes horses, mules, burros, cattle,
sheep, swine, and goats.
(6) "Person" means a natural person, individual, firm,
partnership, corporation, company, society, and association,
and every officer, agent or employee thereof. This term shall
import either the singular or the plural as the case may be.
(7) "Stockyard" means any place, establishment, or facility commonly known as a stockyard consisting of pens or
other enclosures and their appurtenances in which livestock
services such as feeding, watering, weighing, sorting, receiving and shipping are offered to the public: PROVIDED, That
stockyard shall not include any facilities where livestock is
offered for sale at public auction, feed lots, or quarantined
registered feed lots.
(8) "Packer" means any person engaged in the business
of slaughtering, manufacturing, preparing meat or meat products for sale, marketing meat, meat food products or livestock
products.
(9) "Special open consignment horse sale" means a sale
conducted by a person other than the operator of a public
livestock market which is limited to the consignment of
horses and donkeys only for sale on an occasional and seasonal basis.
(10) "Livestock inspection" or "inspection" means the
examination of livestock or livestock hides for brands or any
means of identifying livestock or livestock hides including
the examination of documents providing evidence of ownership. [2003 c 326 § 62; 1983 c 298 § 1; 1961 c 182 § 1; 1959
c 107 § 1.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.015
16.65.015 Application of chapter—Exceptions. (1)
Except under subsection (2) of this section, this chapter does
not apply to:
(a) A farmer selling his or her own livestock.
(b) A farmers' cooperative association or an association
of livestock breeders when any class of their own livestock is
assembled and offered for sale at a special sale under the
association's management and responsibility.
(c) A youth livestock organization such as 4-H, FFA, or
other junior livestock group, when any class of livestock
owned by the youth members is assembled and offered for
sale at a special sale under the organization's management
and responsibility.
(2) Any farmer, farmers' cooperative association, livestock breeders' association, or youth livestock organization
under subsection (1) of this section, may, upon obtaining a
permit from the director, conduct a public sale of his or her or
its members livestock on an occasional or seasonal basis.
Application for the permit shall be in writing to the director
for his or her approval at least fifteen days before the proposed public sale is scheduled to be held. The application
[2003 RCW Supp—page 168]
must be complete and accompanied by a nonrefundable fee of
fifty dollars for each sale, except that the fee is waived for
youth livestock organizations. The sale is subject to the livestock and health inspection requirements as provided in this
chapter for sales at public livestock markets, unless otherwise
prescribed by rule. [2003 c 326 § 63; 1983 c 298 § 2.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.020
16.65.020 Supervision of markets and special open
consignment horse sales—Rules—Interference with
director's duties. Public livestock markets and special open
consignment horse sales shall be under the direction and
supervision of the director, and the director may adopt those
rules as are necessary to carry out the purpose of this chapter.
It shall be the duty of the director to enforce and carry out the
provisions of this chapter and rules adopted under this chapter. No person shall interfere with the director when he or she
is performing or carrying out any duties imposed by this
chapter or rules adopted under this chapter. [2003 c 326 § 64;
1983 c 298 § 5; 1959 c 107 § 2.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.030
16.65.030 Public livestock market license—Application—Contents—Fee—Public hearing. (1) No person
shall operate a public livestock market without first having
obtained a license from the director. Application for a license
shall be in writing on forms prescribed by the director, and
shall include the following:
(a) A nonrefundable original license application fee of
two thousand dollars.
(b) A legal description of the property upon which the
public livestock market shall be located.
(c) A complete description and blueprints or plans of the
public livestock market physical plant, yards, pens, and all
facilities the applicant proposes to use in the operation of
such public livestock market.
(d) A financial statement, audited by a certified or
licensed public accountant, to determine whether or not the
applicant meets the minimum net worth requirements, established by the director by rule, to construct and/or operate a
public livestock market. If the applicant is a subsidiary of a
larger company, corporation, society, or cooperative association, both the parent company and the subsidiary company
must submit a financial statement to determine whether or
not the applicant meets the minimum net worth requirements.
All financial statement information required by this subsection is confidential information and not subject to public disclosure.
(e) The schedule of rates and charges the applicant proposes to impose on the owners of livestock for services rendered in the operation of such livestock market.
(f) The weekly or monthly sales day or days on which the
applicant proposes to operate his or her public livestock market sales and the class of livestock that may be sold on these
days.
(g) Projected source and quantity of livestock anticipated
to be handled.
(h) Projected gross dollar volume of business to be carried on, at, or through the public livestock market during the
first year's operation.
Public Livestock Markets
(i) Facts upon which is based the conclusion that the
trade area and the livestock industry will benefit because of
the proposed market.
(j) Other information as the director may require by rule.
(2) If the director determines that the applicant meets all
the requirements of subsection (1) of this section, the director
shall conduct a public hearing as provided by chapter 34.05
RCW, and shall grant or deny an application for original
license for a public livestock market after considering evidence and testimony relating to the requirements of this section and giving reasonable consideration to:
(a) Benefits to the livestock industry to be derived from
the establishment and operation of the public livestock market proposed in the application;
(b) The geographical area that will be affected;
(c) The conflict, if any, with sales days already allocated
in the area;
(d) The amount and class of livestock available for marketing in the area;
(e) Buyers available to the proposed market; and
(f) Any other conditions affecting the orderly marketing
of livestock.
(3) Before a license is issued to operate a public livestock market, the applicant must:
(a) Execute and deliver to the director a surety bond as
required under RCW 16.65.200;
(b) Provide evidence of a custodial account, as required
under RCW 16.65.140, for the consignor's proceeds;
(c) Pay the appropriate license fee; and
(d) Provide other information required under this chapter
and rules adopted under this chapter. [2003 c 326 § 65; 1995
c 374 § 54; (1994 c 46 § 21 repealed by 1995 c 374 § 55);
1994 c 46 § 12; 1993 c 354 § 1; 1991 c 17 § 1; 1979 ex.s. c 91
§ 1; 1971 ex.s. c 192 § 1; 1967 ex.s. c 120 § 5; 1961 c 182 §
2; 1959 c 107 § 3.]
16.65.050
(3) Any applicant operating more than one public livestock market shall make a separate application for a license to
operate each public livestock market, and each application
shall be accompanied by the appropriate license fee. [2003 c
326 § 66; 1997 c 356 § 9; 1997 c 356 § 8; 1995 c 374 § 57.]
Effective dates—2003 c 326: See RCW 16.57.902.
Effective dates—1997 c 356: See note following RCW 16.57.220.
Effective date—Expiration date—1995 c 374 §§ 48, 49, 56, and 57:
See note following RCW 16.57.220.
16.65.040
16.65.040 Public livestock market license—Expiration—Renewal—Penalty. (1) All public livestock market
licenses provided for in this chapter expire on March 1st subsequent to the date of issue.
(2) Application for renewal of a public livestock market
license shall be in writing on forms prescribed by the director, and shall include:
(a) All information under RCW 16.65.030(1) (d), (e),
and (f);
(b) The gross dollar volume of business carried on, at, or
through the applicant's public livestock market in the twelvemonth period prior to the application for renewal of the
license;
(c) Other information as the director may require by rule;
and
(d) The appropriate license fee.
(3) If any person fails, refuses, or neglects to apply for a
renewal of a preexisting license by March 1st, the person's
license shall expire. To reinstate a license, the person shall
pay a penalty of twenty-five dollars, which shall be added to
the regular license fee, before the license may be reinstated
by the director. [2003 c 326 § 67; 1983 c 298 § 6; 1979 ex.s.
c 91 § 2; 1959 c 107 § 4.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.042
Effective dates—2003 c 326: See RCW 16.57.902.
Prior legislative approval—1994 c 46: "The reenactment of sections
12 through 20 of this act constitutes approval of fee increases for which prior
legislative approval is required by RCW 43.135.055 (section 8, chapter 2,
Laws of 1994, Initiative Measure No. 601)." [1994 c 46 § 26.]
Effective date—1994 c 46: See note following RCW 15.58.070.
16.65.037
16.65.037 License—Restrictions—Fees. (1) Any
license issued under the provisions of this chapter shall only
be valid at the location and for the sales day or days for which
the license was issued.
(2) The license fee shall be based on the average gross
sales volume per official sales day of a market in the previous
twelve months or, for a new market, the projected average
gross sales per official sales day of the market during its first
year's operation.
(a) The license fee for markets with an average gross
sales volume up to and including ten thousand dollars is one
hundred fifty dollars.
(b) The license fee for markets with an average gross
sales volume over ten thousand dollars and up to and including fifty thousand dollars is three hundred dollars.
(c) The license fee for markets with an average gross
sales volume over fifty thousand dollars is four hundred fifty
dollars.
16.65.042 Special open consignment horse sale
license required—Application—Fee—Where and when
valid. (1) A person shall not operate a special open consignment horse sale without first obtaining a license from the
director. The application for the license shall include:
(a) The schedule of rates and charges the applicant proposes to impose on the owners of horses for services rendered
in the operation of the horse sale;
(b) The specific date and exact location of the proposed
sale;
(c) Projected quantity and approximate value of horses to
be handled; and
(d) Such other information as the director may reasonably require.
(2) The application shall be accompanied by a license fee
of one hundred dollars. Upon the approval of the application
by the director and compliance with this chapter, the applicant shall be issued a license. A special open consignment
horse sale license is valid only for the specific date or dates
and exact location for which the license was issued. [2003 c
326 § 68; 1983 c 298 § 3.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.050
16.65.050 Disposition of fees. All fees provided for
under this chapter shall be deposited in an account in the agri[2003 RCW Supp—page 169]
16.65.080
Title 16 RCW: Animals and Livestock
cultural local fund and used for enforcing and carrying out
the purpose and provisions of this chapter and chapter 16.57
RCW. [2003 c 326 § 69; 1959 c 107 § 5.]
the minimum fee chargeable to the licensee. [2003 c 326 §
72; 1983 c 298 § 9; 1959 c 107 § 10.]
Effective dates—2003 c 326: See RCW 16.57.902.
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.110
16.65.080
16.65.080 Denial, suspension, revocation of license—
Reasons—Hearing. (1) The director may deny, suspend, or
revoke a license when the director finds that a licensee (a) has
misrepresented titles, charges, numbers, brands, weights,
proceeds of sale, or ownership of livestock; (b) has attempted
payment to a consignor or the department by a check the licensee knows not to be backed by sufficient funds to cover
such check; (c) has violated any of the provisions of this
chapter or rules adopted under this chapter; (d) has violated
any laws of the state that require inspection of livestock for
health or ownership purposes; (e) has violated any condition
of the bond, as provided in this chapter.
(2) Upon notice by the director to deny, revoke, or suspend a license, a person may request a hearing under chapter
34.05 RCW.
(3) The director may issue subpoenas to compel the
attendance of witnesses, and/or the production of books or
documents anywhere in the state. The applicant or licensee
shall have opportunity to be heard, and may have such subpoenas issued as he or she desires. Subpoenas shall be served
in the same manner as in civil cases in the superior court.
Witnesses shall testify under oath which may be administered
by the director. Testimony shall be recorded, and may be
taken by deposition under such rules as the director may prescribe. [2003 c 326 § 70; 1985 c 415 § 9; 1971 ex.s. c 192 §
2; 1961 c 182 § 3; 1959 c 107 § 8.]
Effective dates—2003 c 326: See RCW 16.57.902.
Orders—Appeal: RCW 16.65.450.
16.65.090
16.65.090 Livestock inspection—Consignor's fee—
Inspection fee. The director shall provide for livestock
inspection. When livestock inspection is required the licensee shall collect from the consignor and pay to the department an inspection fee, as provided by law, for each animal
inspected. However, if in any one sale day the total fees collected for inspection do not exceed one hundred dollars, then
the licensee shall pay one hundred dollars for the inspection
services. [2003 c 326 § 71; 1997 c 356 § 11; 1997 c 356 § 10;
1994 c 46 § 22; 1994 c 46 § 13; 1993 c 354 § 2; 1983 c 298 §
8; 1971 ex.s. c 192 § 3; 1959 c 107 § 9.]
Effective dates—2003 c 326: See RCW 16.57.902.
Effective dates—1997 c 356: See note following RCW 16.57.220.
Effective date—1994 c 46 §§ 21-25: "Sections 21 through 25 of this
act shall take effect July 1, 1997." [1994 c 46 § 29.]
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW
16.65.030.
16.65.100
16.65.100 Livestock inspection—Purchaser's fee.
The licensee of each public livestock market or special open
consignment horse sale shall collect from any purchaser of
livestock requesting inspection a fee as provided by law for
each animal inspected. This fee shall be in addition to the fee
charged to the consignor for inspection and shall not apply to
[2003 RCW Supp—page 170]
16.65.110 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
16.65.140
16.65.140 Custodial account for consignor's proceeds—Authorized withdrawals—Accounts and records.
Each licensee shall establish a custodial account for consignor's proceeds. All funds derived from the sale of livestock handled on a commission or agency basis shall be
deposited in that account. The account shall be drawn on
only for the payment of net proceeds to the consignor, or
other person or persons of whom the licensee has knowledge
is entitled to the proceeds, and to obtain from those proceeds
only the sums due the licensee as compensation for the services as are set out in the posted tariffs, and for the sums as
are necessary to pay all legal charges against the consignment
of livestock which the licensee in the capacity as agent is
required to pay for on behalf of the consignor or shipper. The
licensee in each case shall keep those accounts and records
that will at all times disclose the names of the consignors and
the amount due and payable to each from the funds in the custodial account for consignor's proceeds. The licensee shall
maintain the custodial account for consignor's proceeds in a
manner that will expedite examination by the director and
reflect compliance with the requirements of this section.
[2003 c 326 § 73; 1971 ex.s. c 192 § 4; 1959 c 107 § 14.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.170
16.65.170 Records of licensee—Contents. The licensee shall keep accurate records which shall be available for
inspection to all parties directly interested therein, and the
records shall contain the following information:
(1) The date on which each consignment of livestock
was received and sold.
(2) The name and address of the buyer and seller of the
livestock.
(3) The number and species of livestock received and
sold.
(4) The marks and brands on the livestock.
(5) All statements of warranty or representations of title
material to, or upon which, any sale is consummated.
(6) The gross selling price of the livestock with a
detailed list of all charges deducted therefrom.
These records shall be kept by the licensee for one year
subsequent to the receipt of such livestock. [2003 c 326 § 74;
1967 c 192 § 1; 1959 c 107 § 17.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.190
16.65.190 Schedule of rates and charges. No person
shall operate a public livestock market or special open consignment horse sale unless that person has filed a schedule
with the application for license to operate a public livestock
market or special open consignment horse sale. The schedule
shall show all rates and charges for stockyard services to be
furnished at the public livestock market or special open consignment horse sale.
Public Livestock Markets
(1) Schedules shall be posted conspicuously at the public
livestock market or special open consignment horse sale, and
shall plainly state all rates and charges in such detail as the
director may require, and shall state any rules which in any
manner change, affect, or determine any part of the aggregate
of the rates or charges, or the value of the stockyard services
furnished. The director may determine and prescribe the
form and manner in which the schedule shall be prepared,
arranged, and posted.
(2) No changes shall be made in rates or charges so filed
and published except after thirty days' notice to the director
and to the public filed and posted as set forth under this section, which shall plainly state the changes proposed to be
made and the time the changes will go into effect.
(3) No licensee shall charge, demand, or collect a greater
or a lesser or a different compensation for a service than the
rates and charges specified in the schedule filed with the
director and in effect at the time; nor shall a licensee refund
or remit in any manner any portion of the rates or charges so
specified (but this shall not prohibit a cooperative association
of producers from properly returning to its members, on a
patronage basis, its excess earnings on their livestock); nor
shall a licensee extend to any person at a public livestock
market or special open consignment horse sale any stockyard
services except as are specified in the schedule. [2003 c 326
§ 75; 1983 c 298 § 12; 1959 c 107 § 19.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.200
16.65.200 Licensee's bond to operate market or special open consignment horse sale. Before the license is
issued to operate a public livestock market or special open
consignment horse sale, the applicant shall execute and
deliver to the director a surety bond in a sum as herein provided for, executed by the applicant as principal and by a
surety company qualified and authorized to do business in
this state as surety. The bond shall be a standard form and
approved by the director as to terms and conditions. The
bond shall be conditioned that the principal will not commit
any fraudulent act and will comply with the provisions of this
chapter and the rules adopted under this chapter. The bond
shall be to the state in favor of every consignor and/or vendor
creditor whose livestock was handled or sold through or at
the licensee's public livestock market or special open consignment horse sale: PROVIDED, That if the applicant is
bonded as a market agency under the provisions of the packers and stockyards act, (7 U.S.C. 181) as amended, on March
20, 1961, in a sum equal to or greater than the sum required
under the provisions of this chapter, and the applicant furnishes the director with a bond approved by the United States
secretary of agriculture, the director may accept the bond and
its method of termination in lieu of the bond provided for
herein and issue a license if the applicant meets all the other
requirements of this chapter.
The total and aggregate liability of the surety for all
claims upon the bond shall be limited to the face of the bond.
Every bond filed with and approved by the director shall,
without the necessity of periodic renewal, remain in force and
effect until the license of the licensee is revoked for cause or
otherwise canceled. The surety on a bond, as provided
herein, shall be released and discharged from all liability to
the state accruing on the bond upon compliance with the pro-
16.65.280
visions of RCW 19.72.110 concerning notice and proof of
service, but this shall not operate to relieve, release, or discharge the surety from any liability already accrued or which
shall accrue (due and to become due hereunder) before the
expiration period provided for in RCW 19.72.110 concerning
notice and proof of service, and unless the principal shall
before the expiration of this period, file a new bond, the
director shall immediately cancel the principal's license.
[2003 c 326 § 76; 1983 c 298 § 13; 1971 ex.s. c 192 § 5; 1961
c 182 § 4. Prior: 1959 c 107 § 20.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.235
16.65.235 Cash or other security in lieu of surety
bond—Rules. In lieu of the surety bond required under the
provisions of this chapter, an applicant or licensee may file
with the director a deposit consisting of cash or other security
acceptable to the director. The director may adopt rules necessary for the administration of such security. [2003 c 326 §
77; 1973 c 142 § 3.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.260
16.65.260 Licensee's failure to pay vendor, consignor—Complaint—Director's powers and duties. In
case of failure by a licensee to pay amounts due a vendor or
consignor creditor whose livestock was handled or sold
through or at the licensee's public livestock market or special
open consignment horse sale, as evidenced by a verified complaint filed with the director, the director may proceed immediately to ascertain the names and addresses of all vendor or
consignor creditors of the licensee, together with the amounts
due and owing to them and each of them by the licensee, and
shall request all vendor and consignor creditors to file a verified statement of their respective claims with the director.
This request shall be addressed to each known vendor or consignor creditor at his or her last known address. [2003 c 326
§ 78; 1983 c 298 § 14; 1959 c 107 § 26.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.270
16.65.270 Licensee's failure to pay vendor, consignor—Failure of vendor, consignor to file claim. If a
vendor or consignor creditor so addressed fails, refuses or
neglects to file in the office of the director his or her verified
claim as requested by the director within sixty days from the
date of such request, the director shall be relieved of further
duty or action on behalf of the producer or consignor creditor.
[2003 c 326 § 79; 1959 c 107 § 27.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.280
16.65.280 Licensee's failure to pay vendor, consignor—Duties of director when names of creditors not
available. Where by reason of the absence of records, or
other circumstances making it impossible or unreasonable for
the director to ascertain the names and addresses of all vendor
and consignor creditors, the director, after exerting due diligence and making reasonable inquiry to secure the information from all reasonable and available sources, may make
demand on the bond on the basis of information then in his or
her possession, and thereafter shall not be liable or responsible for claims or the handling of claims which may subse[2003 RCW Supp—page 171]
16.65.300
Title 16 RCW: Animals and Livestock
16.65.400
quently appear or be discovered. [2003 c 326 § 80; 1959 c
107 § 28.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.300
16.65.300 Licensee's failure to pay vendor, consignor—Refusal by surety company to pay demand—
Action on bond—New bond, suspension or revocation of
license on failure to file. Upon the refusal of the surety company to pay the demand, the director may bring an action on
the bond in behalf of vendor and consignor creditors. Upon
any action being commenced on the bond, the director may
require the filing of a new bond. Immediately upon the
recovery in any action on the bond the licensee shall file a
new bond. Upon failure to file the new bond within ten days,
such a failure shall constitute grounds for the suspension or
revocation of the license. [2003 c 326 § 81; 1959 c 107 § 30.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.340
16.65.340 Testing, examination, etc., of livestock for
disease—Veterinarian employed by the market. The
director shall, when livestock is sold, traded, exchanged, or
handled at or through a public livestock market, require such
testing, treating, identifying, examining and record keeping
of such livestock by a Washington state licensed and accredited veterinarian employed by the market as in the director's
judgment may be necessary to prevent the spread of brucellosis, tuberculosis, paratuberculosis, pseudorabies, or any other
infectious, contagious, or communicable disease among the
livestock of this state. The state veterinarian or his or her
authorized representative may conduct additional testing and
examinations for the same purpose. [2003 c 326 § 82; 1967 c
192 § 2; 1959 c 107 § 34.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.350
16.65.350 Examinations—Sanitary and health practices and standards—Rules. The director shall adopt rules
regarding sanitary practices, health practices and standards,
and the examination of animals at public livestock markets.
[2003 c 326 § 83; 1959 c 107 § 35.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.380
16.65.380 Adequate facilities and space required for
veterinarians to function. Public livestock market facilities
shall include adequate space and facilities necessary for market, federal, or state veterinarians to properly carry out their
functions as prescribed by law and rules adopted under law or
as prescribed by applicable federal law or regulation. [2003
c 326 § 84; 1959 c 107 § 38.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.390
16.65.390 Adequate space and facilities required for
livestock inspectors and veterinarians to function. Public
livestock market facilities shall include space and facilities
necessary for livestock inspectors and veterinarians to properly carry out their duties, as provided by law and rules
adopted under law, in a safe and expeditious manner. [2003
c 326 § 85; 1959 c 107 § 39.]
Effective dates—2003 c 326: See RCW 16.57.902.
[2003 RCW Supp—page 172]
16.65.400 Weighing of livestock at public livestock
market. (1) Each public livestock market licensee shall
maintain and operate approved weighing facilities for the
weighing of livestock at such licensee's public livestock market.
(2) All dial scales used by the licensee shall be of adequate size to be readily visible to all interested parties and
shall be equipped with a mechanical weight recorder.
(3) All beam scales used by the licensee shall be
equipped with a balance indicator, a weigh beam and a
mechanical weight recorder, all readily visible to all interested parties.
(4) All scales used by the licensee shall be checked for
balance at short intervals during the process of selling and
immediately prior to the beginning of each sale day.
(5) The scale ticket shall have the weights mechanically
imprinted upon the tickets when the weigh beam is in balance
during the process of weighing, and shall be issued in triplicate, for all livestock weighed at a public livestock market. A
copy of the weight tickets shall be issued to the buyer and
seller of the livestock weighed. [2003 c 326 § 86; 1983 c 298
§ 15; 1961 c 182 § 5; 1959 c 107 § 40.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.420
16.65.420 Application for change of or additional
sales days, special sales—Considerations for allocation.
(1) Any application for a change of sales day or days or additional sales day or days for an existing salesyard shall be subject to approval by the director, subsequent to a hearing and
the director is hereby authorized to approve these days and
class of livestock which may be sold on these days. In considering the approval or denial of these sales days, the director shall give appropriate consideration, among other relevant
factors, to the following:
(a) The geographical area which will be affected;
(b) The conflict, if any, with sales days already allocated
in the area;
(c) The amount and class of livestock available for marketing in the area;
(d) Buyers available to such market;
(e) Any other conditions affecting the orderly marketing
of livestock.
(2) No special sales shall be conducted by the licensee
unless the licensee has applied to the director in writing fifteen days prior to such proposed sale. Each application must
be accompanied by a nonrefundable fee of fifty dollars.
(3) In any case that a licensee fails to conduct sales on
the sales days allocated to the licensee, the director shall, subsequent to a hearing, be authorized to revoke an allocation for
nonuse. The rate of usage required to maintain an allocation
shall be established by rule. [2003 c 326 § 87; 1991 c 17 § 3;
1963 c 232 § 16; 1961 c 182 § 6. Prior: 1959 c 107 § 42.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.422
16.65.422 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
16.65.423
16.65.423 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
Washington State Beef Commission
16.67.095
16.65.424
16.65.424 Additional sales days limited to sales of
horses and/or mules. The director has the authority to grant
a licensee an additional sales day, or days, limited to the sale
of horses and/or mules and may if requested grant the licensee, by permit, the authority to have the sale at premises
other than at his or her public livestock market if the facilities
are approved by the director as being adequate for the protection of the health and safety of the horses and/or mules. For
the purpose of such limited sale the facility requirements of
RCW 16.65.360 shall not be applicable. [2003 c 326 § 88;
1963 c 232 § 19.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.440
16.65.440 Penalty (as amended by 2003 c 326). Any person who
((shall)) violates any provisions or requirements of this chapter or rules ((and
regulations)) adopted by the director ((pursuant to)) under this chapter ((shall
be deemed)) is guilty of a gross misdemeanor((; and any subsequent violation thereafter shall be deemed a gross misdemeanor)). [2003 c 326 § 89;
1959 c 107 § 44.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.440
16.65.440 Penalty (as amended by 2003 c 53). (Effective July 1,
2004.) (1) Except as provided in subsection (2) of this section, any person
who ((shall)) violates any provisions or requirements of this chapter or rules
and regulations adopted by the director pursuant to this chapter ((shall be
deemed)) is guilty of a misdemeanor((; and any)).
(2) A second or subsequent violation ((thereafter shall be deemed)) is a
gross misdemeanor. [2003 c 53 § 116; 1959 c 107 § 44.]
Reviser's note: RCW 16.65.440 was amended twice during the 2003
legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
16.65.445
16.65.445 Public hearings. The director shall hold
public hearings upon any proposal to adopt any new or
amended rules and all hearings for the denial, revocation, or
suspension of a license issued under this chapter or in any
other adjudicative proceeding, and shall comply in all
respects with chapter 34.05 RCW, the Administrative Procedure Act. [2003 c 326 § 90; 1989 c 175 § 55; 1961 c 182 § 7.]
Effective dates—2003 c 326: See RCW 16.57.902.
Effective date—1989 c 175: See note following RCW 34.05.010.
Chapter 16.67 RCW
WASHINGTON STATE BEEF COMMISSION
Chapter 16.67
Sections
16.67.040
16.67.091
16.67.095
16.67.195
Beef commission created—Generally.
Commission's plans, programs, and projects—Director's
approval required.
Commission speaks for state—Director's oversight.
Costs of implementing RCW 16.67.091.
sion only to break a tie vote. If the commission so chooses,
there may be one additional nonvoting member in an advisory capacity appointed by the members of the commission
for such a term as the members may set.
A majority of voting members shall constitute a quorum
for the transaction of any business.
All appointed members as stated in RCW 16.67.060
shall be citizens and residents of this state, over the age of
twenty-five years, each of whom is and has been actually
engaged in that phase of the cattle industry he or she represents for a period of five years, and has during that period
derived a substantial portion of his or her income therefrom,
or have a substantial investment in cattle as an owner, lessee,
partner, or a stockholder owning at least ten percent of the
voting stock in a corporation engaged in the production of
cattle or dressed beef, or a manager or executive officer of
such corporation. Producer members of the commission shall
not be directly engaged in the business of being a meat
packer, or as a feeder, feeding cattle other than their own.
Said qualifications must continue throughout each member's
term of office. [2003 c 396 § 33; 2000 c 146 § 1; 1997 c 363
§ 1; 1993 c 40 § 1; 1991 c 9 § 1; 1969 c 133 § 3.]
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective date—1993 c 40: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 1,
1993." [1993 c 40 § 5.]
16.67.091
16.67.091 Commission's plans, programs, and
projects—Director's approval required. (1) The commission shall develop and submit to the director for approval any
plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and
administration of appropriate programs or projects for the
advertising and promotion of its affected commodities; and
(b) The establishment and effectuation of market
research projects, market development projects, or both to the
end that the marketing and utilization of its affected commodities may be encouraged, expanded, improved, or made
more efficient.
(2) The director shall review the commission's advertising or promotion program to ensure that no false claims are
being made concerning its affected commodities.
(3) The commission, prior to the beginning of its fiscal
year, shall prepare and submit to the director for approval its
research plan, its commodity-related education and training
plan, and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a
timely manner. [2003 c 396 § 34.]
Effective date—2003 c 396: See note following RCW 15.66.030.
16.67.040
16.67.040 Beef commission created—Generally.
There is hereby created a Washington state beef commission
to be thus known and designated. The commission shall be
composed of two beef producers, two dairy (beef) producers,
two feeders, one livestock salesyard operator, one meat
packer, and the director, who shall be a voting member. If an
otherwise voting member is elected as the chair of the commission, the member may, during the member's term as chair
of the commission, cast a vote as a member of the commis-
16.67.095
16.67.095 Commission speaks for state—Director's
oversight. The commission exists primarily for the benefit
of the people of the state of Washington and its economy.
The legislature hereby charges the commission, with oversight by the director, to speak on behalf of Washington state
government with regard to its particular commodities. [2003
c 396 § 35.]
Effective date—2003 c 396: See note following RCW 15.66.030.
[2003 RCW Supp—page 173]
16.67.195
Title 17 RCW: Weeds, Rodents, and Pests
16.67.195
16.67.195 Costs of implementing RCW 16.67.091.
The costs incurred by the department associated with the
implementation of RCW 16.67.091 shall be paid for by the
commission. [2003 c 396 § 36.]
Effective date—2003 c 396: See note following RCW 15.66.030.
17.24.100
17.24.171
17.24.220
Penalties—Second and subsequent offenses. (Effective July 1,
2004.)
Determination of imminent danger of infestation of plant pests
or plant diseases—Emergency measures—Conditions—Procedures.
Sudden oak death syndrome—Coordinated response effort.
17.24.100
Title 17
Title 17
WEEDS, RODENTS, AND PESTS
Chapters
17.10 Noxious weeds—Control boards.
17.21 Washington pesticide application act.
17.24 Insect pests and plant diseases.
17.26 Control of spartina and purple loosestrife.
Chapter 17.10 RCW
NOXIOUS WEEDS—CONTROL BOARDS
Chapter 17.10
Sections
17.10.350
Infraction—Penalty. (Effective July 1, 2004.)
17.24.100 Penalties—Second and subsequent
offenses. (Effective July 1, 2004.) (1) Except as provided in
subsection (2) of this section, every person who violates or
fails to comply with any rule or regulation adopted and promulgated by the director of agriculture in accordance with
and under the provision of this chapter is guilty of a misdemeanor.
(2) A second and each subsequent violation or failure to
comply with the provisions of this chapter or rule or regulation adopted hereunder is a gross misdemeanor. [2003 c 53 §
119; 1981 c 296 § 26; 1927 c 292 § 7; RRS § 2786. Prior:
1921 c 105 § 7.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1981 c 296: See note following RCW 15.08.010.
17.24.171
17.10.350
17.10.350 Infraction—Penalty. (Effective July 1,
2004.) (1) Any person found to have committed a civil
infraction under this chapter shall be assessed a monetary
penalty not to exceed one thousand dollars. The state noxious weed control board shall adopt a schedule of monetary
penalties for each violation of this chapter classified as a civil
infraction and submit the schedule to the appropriate court. If
a monetary penalty is imposed by the court, the penalty is
immediately due and payable. The court may, at its discretion, grant an extension of time, not to exceed thirty days, in
which the penalty must be paid.
(2) Failure to pay any monetary penalties imposed under
this chapter is punishable as a misdemeanor. [2003 c 53 §
117; 1997 c 353 § 31; 1987 c 438 § 28.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 17.21 RCW
WASHINGTON PESTICIDE APPLICATION ACT
Chapter 17.21
Sections
17.21.310
General penalty. (Effective July 1, 2004.)
17.21.310
17.21.310 General penalty. (Effective July 1, 2004.)
(1) Except as provided in subsection (2) of this section, any
person who violates any provisions or requirements of this
chapter or rules adopted hereunder is guilty of a misdemeanor.
(2) A second or subsequent offense is a gross misdemeanor. Any offense committed more than five years after a
previous conviction shall be considered a first offense. [2003
c 53 § 118; 1967 c 177 § 16; 1961 c 249 § 34.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 17.24
Chapter 17.24 RCW
INSECT PESTS AND PLANT DISEASES
Sections
[2003 RCW Supp—page 174]
17.24.171 Determination of imminent danger of
infestation of plant pests or plant diseases—Emergency
measures—Conditions—Procedures. (1) If the director
determines that there exists an imminent danger of an infestation of plant pests or plant diseases that seriously endangers
the agricultural or horticultural industries of the state, or that
seriously threatens life, health, economic well-being, or the
environment, the director shall request the governor to order
emergency measures to control the pests or plant diseases
under RCW 43.06.010(13). The director's findings shall contain an evaluation of the affect of the emergency measures on
public health.
(2) If an emergency is declared pursuant to RCW
43.06.010(13), the director may appoint a committee to
advise the governor through the director and to review emergency measures necessary under the authority of RCW
43.06.010(13) and this section and make subsequent recommendations to the governor. The committee shall include
representatives of the agricultural industries, state and local
government, public health interests, technical service providers, and environmental organizations.
(3) Upon the order of the governor of the use of emergency measures, the director is authorized to implement the
emergency measures to prevent, control, or eradicate plant
pests or plant diseases that are the subject of the emergency
order. Such measures, after thorough evaluation of all other
alternatives, may include the aerial application of pesticides.
(4) Upon the order of the governor of the use of emergency measures, the director is authorized to enter into agreements with individuals, companies, or agencies, to accomplish the prevention, control, or eradication of plant pests or
plant diseases, notwithstanding the provisions of chapter
15.58 or 17.21 RCW, or any other statute.
(5) The director shall continually evaluate the emergency measures taken and report to the governor at intervals
of not less than ten days. The director shall immediately
advise the governor if he or she finds that the emergency no
longer exists or if certain emergency measures should be discontinued. [2003 c 314 § 6; 1991 c 257 § 21.]
Control of Spartina and Purple Loosestrife
Findings—2003 c 314: See note following RCW 17.24.220.
BUSINESSES AND PROFESSIONS
17.24.220 Sudden oak death syndrome—Coordinated response effort. The department and the department
of natural resources shall coordinate their sudden oak death
syndrome response efforts with other plant pest agencies and
private organizations to exchange information, monitor the
confirmed incidences of the disease, and take action as appropriate under existing plant pest control authorities to prevent
the introduction of the disease into Washington and to control
or eradicate the disease if it is determined to be present in the
state. [2003 c 314 § 8.]
Findings—2003 c 314: "The legislature finds that since 1995 large
numbers of oak and tanoak trees have been dying in the coastal counties of
California. The legislature also finds that the disease causing the tree loss,
which is commonly referred to as sudden oak death syndrome, has, as of July
27, 2003, been confirmed in twelve California counties, and one Oregon
county. The legislature also finds that in addition to affecting several species
of oak, this disease has been confirmed to affect several plant species common in Washington's forests, including Douglas Fir, big leaf maple, huckleberry, rhododendron, madrone, and manzanita. The legislature recognizes
that the state of California and the United States department of agriculture
have adopted restrictions on the movement of articles that may host the disease, and the state of Oregon and the Canadian government have adopted
restrictions on the importation of potential host articles. The legislature finds
that an introduction of sudden oak death syndrome into Washington could
cause potential damage to the state's forest health, leading to both economic
and ecological losses." [2003 c 314 § 7.]
Chapter 17.26 RCW
CONTROL OF SPARTINA AND
PURPLE LOOSESTRIFE
Chapters
18.04
18.06
18.08
18.16
18.20
18.27
18.29
18.32
18.39
18.51
18.53
18.57
18.64
18.71
18.79
18.85
18.88A
18.92
18.106
18.130
18.160
18.220
18.225
Chapter 18.04
Sections
17.26.020
Title 18
Title 18
17.24.220
Chapter 17.26
18.04.195
High priority for all state agencies—Definitions.
Accountancy.
Acupuncture.
Architects.
Cosmetologists, barbers, manicurists, and
estheticians.
Boarding homes.
Registration of contractors.
Dental hygienists.
Dentistry.
Embalmers—Funeral directors.
Nursing homes.
Optometry.
Osteopathy—Osteopathic medicine and surgery.
Pharmacists.
Physicians.
Nursing care.
Real estate brokers and salespersons.
Nursing assistants.
Veterinary medicine, surgery, and dentistry.
Plumbers.
Regulation of health professions—Uniform
disciplinary act.
Fire sprinkler system contractors.
Geologists.
Mental health counselors, marriage and family
therapists, social workers.
Chapter 18.04 RCW
ACCOUNTANCY
Sections
17.26.020
17.26.020 High priority for all state agencies—Definitions. (1) Facilitating the control of spartina and purple
loosestrife is a high priority for all state agencies.
(2) The department of natural resources is responsible
for spartina and purple loosestrife control on state-owned
aquatic lands managed by the department of natural
resources.
(3) The department of fish and wildlife is responsible for
spartina and purple loosestrife control on state-owned aquatic
lands managed by the department of fish and wildlife.
(4) The state parks and recreation commission is responsible for spartina and purple loosestrife control on stateowned aquatic lands managed by the state parks and recreation commission.
(5) Unless the context clearly requires otherwise, the
definitions in this subsection apply throughout this chapter,
RCW 90.48.020, 90.58.030, and 77.55.150:
(a) "Spartina" means Spartina alterniflora, Spartina
anglica, Spartina x townsendii, and Spartina patens.
(b) "Purple loosestrife" means Lythrum salicaria and
Lythrum virgatum.
(c) "Aquatic noxious weed" means an aquatic weed on
the state noxious weed list adopted under RCW 17.10.080.
[2003 c 39 § 10; 1995 c 255 § 12.]
18.04.195
18.04.215
18.04.295
18.04.370
18.04.370
18.04.390
License required—Requirements—Application—Fees.
Licenses—Issuance—Renewal and reinstatement—Continuing professional education—Fees—Notification of sanction/suspension/revocation of license.
Actions against CPA license.
Penalty. (Effective until July 1, 2004.)
Penalty. (Effective July 1, 2004.)
Papers, records, schedules, etc., property of the licensee or
licensed firm—Prohibited practices—Rights of client.
18.04.195
18.04.195 License required—Requirements—Application—Fees. (1) A sole proprietorship engaged in business
in this state and offering to issue or issuing reports on financial statements or using the title CPA or certified public
accountant shall license, as a firm, every three years with the
board.
(a) The sole proprietor shall hold a license to practice
under RCW 18.04.215;
(b) Each resident person in charge of an office located in
this state shall hold a license to practice under RCW
18.04.215; and
(c) The licensed firm must meet competency requirements established by rule by the board.
(2) A partnership engaged in business in this state and
offering to issue or issuing reports on financial statements or
using the title CPA or certified public accountant shall
license as a firm every three years with the board, and shall
meet the following requirements:
[2003 RCW Supp—page 175]
18.04.195
Title 18 RCW: Businesses and Professions
(a) At least one general partner of the partnership shall
hold a license to practice under RCW 18.04.215;
(b) Each resident person in charge of an office in this
state shall hold a license to practice under RCW 18.04.215;
(c) A simple majority of the ownership of the licensed
firm in terms of financial interests and voting rights of all
partners or owners shall be held by natural persons who are
licensees or holders of a valid license issued under this chapter or by another state that entitles the holder to practice public accounting in this state. The principal partner of the partnership and any partner having authority over issuing reports
on financial statements shall hold a license under this chapter
or issued by another state that entitles the holder to practice
public accounting in this state; and
(d) The licensed firm must meet competency requirements established by rule by the board.
(3) A corporation engaged in business in this state and
offering to issue or issuing reports on financial statements or
using the title CPA or certified public accountant shall
license as a firm every three years with the board and shall
meet the following requirements:
(a) A simple majority of the ownership of the licensed
firm in terms of financial interests and voting rights of all
shareholders or owners shall be held by natural persons who
are licensees or holders of a valid license issued under this
chapter or by another state that entitles the holder to practice
public accounting in this state and is principally employed by
the corporation or actively engaged in its business. The principal officer of the corporation and any officer or director
having authority over issuing reports on financial statements
shall hold a license under this chapter or issued by another
state that entitles the holder to practice public accounting in
this state;
(b) At least one shareholder of the corporation shall hold
a license under RCW 18.04.215;
(c) Each resident person in charge of an office located in
this state shall hold a license under RCW 18.04.215;
(d) A written agreement shall bind the corporation or its
shareholders to purchase any shares offered for sale by, or not
under the ownership or effective control of, a qualified shareholder, and bind any holder not a qualified shareholder to sell
the shares to the corporation or its qualified shareholders.
The agreement shall be noted on each certificate of corporate
stock. The corporation may purchase any amount of its stock
for this purpose, notwithstanding any impairment of capital,
as long as one share remains outstanding;
(e) The corporation shall comply with any other rules
pertaining to corporations practicing public accounting in this
state as the board may prescribe; and
(f) The licensed firm must meet competency requirements established by rule by the board.
(4) A limited liability company engaged in business in
this state and offering to issue or issuing reports on financial
statements or using the title CPA or certified public accountant shall license as a firm every three years with the board,
and shall meet the following requirements:
(a) At least one member of the limited liability company
shall hold a license under RCW 18.04.215;
(b) Each resident manager or member in charge of an
office located in this state shall hold a license under RCW
18.04.215;
[2003 RCW Supp—page 176]
(c) A simple majority of the ownership of the licensed
firm in terms of financial interests and voting rights of all
owners shall be held by natural persons who are licensees or
holders of a valid license issued under this chapter or by
another state that entitles the holder to practice public
accounting in this state. The principal member or manager of
the limited liability company and any member having authority over issuing reports on financial statements shall hold a
license under this chapter or issued by another state that entitles the holder to practice public accounting in this state; and
(d) The licensed firm must meet competency requirements established by rule by the board.
(5) Application for a license as a firm shall be made upon
the affidavit of the proprietor or person designated as managing partner, member, or shareholder for Washington. This
person shall hold a license under RCW 18.04.215. The board
shall determine in each case whether the applicant is eligible
for a license. A partnership, corporation, or limited liability
company which is licensed to practice under RCW 18.04.215
may use the designation "certified public accountants" or
"CPAs" in connection with its partnership, limited liability
company, or corporate name. The board shall be given notification within ninety days after the admission or withdrawal
of a partner, shareholder, or member engaged in this state in
the practice of public accounting from any partnership, corporation, or limited liability company so licensed.
(6) Licensed firms which fall out of compliance with the
provisions of this section due to changes in firm ownership or
personnel, after receiving or renewing a license, shall notify
the board in writing within ninety days of its falling out of
compliance and propose a time period in which they will
come back into compliance. The board may grant a reasonable period of time for a firm to be in compliance with the
provisions of this section. Failure to bring the firm into compliance within a reasonable period of time, as determined by
the board, may result in suspension, revocation, or imposition
of conditions on the firm's license.
(7) Fees for the license as a firm and for notification of
the board of the admission or withdrawal of a partner, shareholder, or member shall be determined by the board. Fees
shall be paid by the firm at the time the license application
form or notice of admission or withdrawal of a partner, shareholder, or member is filed with the board.
(8) Nonlicensee owners of licensed firms are:
(a) Required to fully comply with the provisions of this
chapter and board rules;
(b) Required to be a natural person;
(c) Required to be an active individual participant in the
licensed firm or affiliated entities as these terms are defined
by board rule; and
(d) Subject to discipline by the board for violation of this
chapter.
(9) Resident nonlicensee owners of licensed firms are
required to meet:
(a) The ethics examination, registration, and fee requirements as established by the board rules; and
(b) The ethics CPE requirements established by the
board rules.
(10)(a) Licensed firms must notify the board within
thirty days after:
Accountancy
(i) Sanction, suspension, revocation, or modification of
their professional license or practice rights by the securities
exchange commission, internal revenue service, or another
state board of accountancy;
(ii) Sanction or order against the licensee or nonlicensee
firm owner by any federal or other state agency related to the
licensee's practice of public accounting or violation of ethical
or technical standards established by board rule; or
(iii) The licensed firm is notified that it has been charged
with a violation of law that could result in the suspension or
revocation of the firm's license by a federal or other state
agency, as identified by board rule, related to the firm's professional license, practice rights, or violation of ethical or
technical standards established by board rule.
(b) The board must adopt rules to implement this subsection and may also adopt rules specifying requirements for licensees to report to the board sanctions or orders relating to
the licensee's practice of public accounting or violation of
ethical or technical standards entered against the licensee by
a nongovernmental professionally related standard-setting
entity. [2003 c 290 § 1; 2001 c 294 § 11; 1999 c 378 § 5;
1994 c 211 § 1402; 1986 c 295 § 8; 1983 c 234 § 9.]
Effective date—2001 c 294: See note following RCW 18.04.015.
Effective date—Severability—1994 c 211: See RCW 25.15.900 and
25.15.902.
18.04.215
18.04.215 Licenses—Issuance—Renewal and reinstatement—Continuing professional education—Fees—
Notification of sanction/suspension/revocation of license.
(1) Three-year licenses shall be issued by the board:
(a) To persons meeting the requirements of RCW
18.04.105(1), 18.04.180, or 18.04.183.
(b) To certificate holders meeting the requirements of
RCW 18.04.105(4).
(c) To firms under RCW 18.04.195, meeting the requirements of RCW 18.04.205.
(2) The board shall, by rule, provide for a system of certificate and license renewal and reinstatement. Applicants for
renewal or reinstatement shall, at the time of filing their
applications, list with the board all states and foreign jurisdictions in which they hold or have applied for certificates, permits or licenses to practice.
(3) An inactive certificate is renewed every three years
with renewal subject to the requirements of ethics CPE and
the payment of fees, prescribed by the board. Failure to
renew the inactive certificate shall cause the inactive certificate to lapse and be subject to reinstatement. The board shall
adopt rules providing for fees and procedures for renewal and
reinstatement of inactive certificates.
(4) A license is issued every three years with renewal
subject to requirements of CPE and payment of fees, prescribed by the board. Failure to renew the license shall cause
the license to lapse and become subject to reinstatement. Persons holding a lapsed license are prohibited from using the
title "CPA" or "certified public accountant." Persons holding
a lapsed license are prohibited from practicing public accountancy. The board shall adopt rules providing for fees and procedures for issuance, renewal, and reinstatement of licenses.
(5) The board shall adopt rules providing for CPE for licensees and certificate holders. The rules shall:
18.04.215
(a) Provide that a licensee shall verify to the board that
he or she has completed at least an accumulation of one hundred twenty hours of CPE during the last three-year period to
maintain the license;
(b) Establish CPE requirements; and
(c) Establish when new licensees shall verify that they
have completed the required CPE.
(6) A certified public accountant who holds a license
issued by another state, and applies for a license in this state,
may practice in this state from the date of filing a completed
application with the board, until the board has acted upon the
application provided the application is made prior to holding
out as a certified public accountant in this state and no sanctions or investigations, deemed by the board to be pertinent to
public accountancy, by other jurisdictions or agencies are in
process.
(7) A licensee shall submit to the board satisfactory
proof of having completed an accumulation of one hundred
twenty hours of CPE recognized and approved by the board
during the preceding three years. Failure to furnish this evidence as required shall make the license lapse and subject to
reinstatement procedures, unless the board determines the
failure to have been due to retirement or reasonable cause.
The board in its discretion may renew a certificate or
license despite failure to furnish evidence of compliance with
requirements of CPE upon condition that the applicant follow
a particular program of CPE. In issuing rules and individual
orders with respect to CPE requirements, the board, among
other considerations, may rely upon guidelines and pronouncements of recognized educational and professional
associations, may prescribe course content, duration, and
organization, and may take into account the accessibility of
CPE to licensees and certificate holders and instances of individual hardship.
(8) Fees for renewal or reinstatement of certificates and
licenses in this state shall be determined by the board under
this chapter. Fees shall be paid by the applicant at the time
the application form is filed with the board. The board, by
rule, may provide for proration of fees for licenses or certificates issued between normal renewal dates.
(9)(a) Licensees, certificate holders, and nonlicensee
owners must notify the board within thirty days after:
(i) Sanction, suspension, revocation, or modification of
their professional license or practice rights by the securities
exchange commission, internal revenue service, or another
state board of accountancy;
(ii) Sanction or order against the licensee, certificate
holder, or nonlicensee owner by any federal or other state
agency related to the licensee's practice of public accounting
or the licensee's, certificate holder's, or nonlicensee owner's
violation of ethical or technical standards established by
board rule; or
(iii) The licensee, certificate holder, or nonlicensee
owner is notified that he or she has been charged with a violation of law that could result in the suspension or revocation
of a license or certificate by a federal or other state agency, as
identified by board rule, related to the licensee's, certificate
holder's, or nonlicensee owner's professional license, practice
rights, or violation of ethical or technical standards established by board rule.
[2003 RCW Supp—page 177]
18.04.295
Title 18 RCW: Businesses and Professions
(b) The board must adopt rules to implement this subsection and may also adopt rules specifying requirements for licensees, certificate holders, and nonlicensee owners to report
to the board sanctions or orders relating to the licensee's practice of public accounting or the licensee's, certificate holder's,
or nonlicensee owner's violation of ethical or technical standards entered against the licensee, certificate holder, or nonlicensee owner by a nongovernmental professionally related
standard-setting entity. [2003 c 290 § 2; 2001 c 294 § 13;
1999 c 378 § 7; 1992 c 103 § 10; 1986 c 295 § 10; 1983 c 234
§ 11.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.295
18.04.295 Actions against CPA license. The board
shall have the power to: Revoke, suspend, refuse to renew, or
reinstate a license or certificate; impose a fine in an amount
not to exceed thirty thousand dollars plus the board's investigative and legal costs in bringing charges against a certified
public accountant, a certificate holder, a licensee, a licensed
firm, or a nonlicensee holding an ownership interest in a
licensed firm; may impose full restitution to injured parties;
may impose conditions precedent to renewal of a certificate
or a license; or may prohibit a nonlicensee from holding an
ownership interest in a licensed firm, for any of the following
causes:
(1) Fraud or deceit in obtaining a license, or in any filings with the board;
(2) Dishonesty, fraud, or negligence while representing
oneself as a nonlicensee owner holding an ownership interest
in a licensed firm, a licensee, or a certificate holder;
(3) A violation of any provision of this chapter;
(4) A violation of a rule of professional conduct promulgated by the board under the authority granted by this chapter;
(5) Conviction of a crime or an act constituting a crime
under:
(a) The laws of this state;
(b) The laws of another state, and which, if committed
within this state, would have constituted a crime under the
laws of this state; or
(c) Federal law;
(6) Cancellation, revocation, suspension, or refusal to
renew the authority to practice as a certified public accountant by any other state for any cause other than failure to pay
a fee or to meet the requirements of CPE in the other state;
(7) Suspension or revocation of the right to practice matters relating to public accounting before any state or federal
agency;
For purposes of subsections (6) and (7) of this section, a
certified copy of such revocation, suspension, or refusal to
renew shall be prima facie evidence;
(8) Failure to maintain compliance with the requirements
for issuance, renewal, or reinstatement of a certificate or
license, or to report changes to the board;
(9) Failure to cooperate with the board by:
(a) Failure to furnish any papers or documents requested
or ordered by the board;
(b) Failure to furnish in writing a full and complete
explanation covering the matter contained in the complaint
filed with the board or the inquiry of the board;
[2003 RCW Supp—page 178]
(c) Failure to respond to subpoenas issued by the board,
whether or not the recipient of the subpoena is the accused in
the proceeding;
(10) Failure by a nonlicensee owner of a licensed firm to
comply with the requirements of this chapter or board rule;
and
(11) Failure to comply with an order of the board. [2003
c 290 § 3; 2001 c 294 § 14; 2000 c 171 § 1; 1992 c 103 § 11;
1986 c 295 § 11; 1983 c 234 § 12.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.370
18.04.370 Penalty. (Effective until July 1, 2004.) (1)
Any person who violates any provision of this chapter, shall
be guilty of a crime, as follows:
(a) Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction thereof,
shall be subject to a fine of not more than thirty thousand dollars, or to imprisonment for not more than six months, or to
both such fine and imprisonment.
(b) Notwithstanding (a) of this subsection, any person
who uses a professional title intended to deceive the public,
in violation of RCW 18.04.345, having previously entered
into a stipulated agreement and order of assurance with the
board, is guilty of a felony, and upon conviction thereof, is
subject to a fine of not more than thirty thousand dollars, or to
imprisonment for not more than two years, or to both such
fine and imprisonment.
(2) With the exception of first time violations of RCW
18.04.345, subject to subsection (3) of this section whenever
the board has reason to believe that any person is violating
the provisions of this chapter it shall certify the facts to the
prosecuting attorney of the county in which such person
resides or may be apprehended and the prosecuting attorney
shall cause appropriate proceedings to be brought against
such person.
(3) The board may elect to enter into a stipulated agreement and orders of assurance with persons in violation of
RCW 18.04.345 who have not previously been found to have
violated the provisions of this chapter. The board may order
full restitution to injured parties as a condition of a stipulated
agreement and order of assurance.
(4) Nothing herein contained shall be held to in any way
affect the power of the courts to grant injunctive or other
relief as above provided. [2003 c 290 § 5; 2001 c 294 § 19;
1983 c 234 § 19; 1949 c 226 § 36; Rem. Supp. 1949 § 826943.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.370
18.04.370 Penalty. (Effective July 1, 2004.) (1) Any
person who violates any provision of this chapter shall be
guilty of a crime, as follows:
(a) Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction thereof,
shall be subject to a fine of not more than thirty thousand dollars, or to imprisonment for not more than six months, or to
both such fine and imprisonment.
(b) Notwithstanding (a) of this subsection, any person
who uses a professional title intended to deceive the public,
in violation of RCW 18.04.345, having previously entered
into a stipulated agreement and order of assurance with the
Acupuncture
board, is guilty of a class C felony, and upon conviction
thereof, is subject to a fine of not more than thirty thousand
dollars, or to imprisonment for not more than two years, or to
both such fine and imprisonment.
(2) With the exception of first time violations of RCW
18.04.345, subject to subsection (3) of this section whenever
the board has reason to believe that any person is violating
the provisions of this chapter it shall certify the facts to the
prosecuting attorney of the county in which such person
resides or may be apprehended and the prosecuting attorney
shall cause appropriate proceedings to be brought against
such person.
(3) The board may elect to enter into a stipulated agreement and orders of assurance with persons in violation of
RCW 18.04.345 who have not previously been found to have
violated the provisions of this chapter. The board may order
full restitution to injured parties as a condition of a stipulated
agreement and order of assurance.
(4) Nothing herein contained shall be held to in any way
affect the power of the courts to grant injunctive or other
relief as above provided. [2003 c 290 § 5; 2003 c 53 § 120;
2001 c 294 § 19; 1983 c 234 § 19; 1949 c 226 § 36; Rem.
Supp. 1949 § 8269-43.]
Reviser's note: This section was amended by 2003 c 53 § 120 and by
2003 c 290 § 5, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.390
18.04.390 Papers, records, schedules, etc., property
of the licensee or licensed firm—Prohibited practices—
Rights of client. (1) In the absence of an express agreement
between the licensee or licensed firm and the client to the
contrary, all statements, records, schedules, working papers,
and memoranda made by a licensee or licensed firm incident
to or in the course of professional service to clients, except
reports submitted by a licensee or licensed firm, are the property of the licensee or licensed firm.
(2) No statement, record, schedule, working paper, or
memorandum may be sold, transferred, or bequeathed without the consent of the client or his or her personal representative or assignee, to anyone other than one or more surviving
partners, shareholders, or new partners or new shareholders
of the licensee, partnership, limited liability company, or corporation, or any combined or merged partnership, limited liability company, or corporation, or successor in interest.
(3) A licensee shall furnish to the board or to his or her
client or former client, upon request and reasonable notice:
(a) A copy of the licensee's working papers or electronic
documents, to the extent that such working papers or electronic documents include records that would ordinarily constitute part of the client's records and are not otherwise available to the client; and
(b) Any accounting or other records belonging to, or
obtained from or on behalf of, the client that the licensee
removed from the client's premises or received for the client's
account; the licensee may make and retain copies of such
documents of the client when they form the basis for work
done by him or her.
18.06.140
(4)(a) For a period of seven years after the end of the fiscal period in which a licensed firm concludes an audit or
review of a client's financial statements, the licensed firm
must retain records relevant to the audit or review, as determined by board rule.
(b) The board must adopt rules to implement this subsection, including rules relating to working papers and document
retention.
(5) Nothing in this section should be construed as prohibiting any temporary transfer of workpapers or other material necessary in the course of carrying out peer reviews or as
otherwise interfering with the disclosure of information pursuant to RCW 18.04.405. [2003 c 290 § 4; 2001 c 294 § 21;
1992 c 103 § 16; 1986 c 295 § 18; 1983 c 234 § 21; 1949 c
226 § 38; Rem. Supp. 1949 § 8269-45.]
Effective date—2001 c 294: See note following RCW 18.04.015.
Chapter 18.06
Chapter 18.06 RCW
ACUPUNCTURE
Sections
18.06.130
18.06.140
18.06.150
Patient information form—Penalty. (Effective July 1, 2004.)
Consultation and referral to other health care practitioners.
(Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
18.06.130
18.06.130 Patient information form—Penalty.
(Effective July 1, 2004.) (1) The secretary shall develop a
form to be used by an acupuncturist to inform the patient of
the acupuncturist's scope of practice and qualifications. All
license holders shall bring the form to the attention of the
patients in whatever manner the secretary, by rule, provides.
(2) A person violating this section is guilty of a misdemeanor. [2003 c 53 § 121; 1995 c 323 § 11; 1991 c 3 § 13;
1985 c 326 § 13.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
18.06.140
18.06.140 Consultation and referral to other health
care practitioners. (Effective July 1, 2004.) (1) Every
licensed acupuncturist shall develop a written plan for consultation, emergency transfer, and referral to other health care
practitioners operating within the scope of their authorized
practices. The written plan shall be submitted with the initial
application for licensure as well as annually thereafter with
the license renewal fee to the department. The department
may withhold licensure or renewal of licensure if the plan
fails to meet the standards contained in rules adopted by the
secretary.
(2) When the acupuncturist sees patients with potentially
serious disorders such as cardiac conditions, acute abdominal
symptoms, and such other conditions, the acupuncturist shall
immediately request a consultation or recent written diagnosis from a physician licensed under chapter 18.71 or 18.57
RCW. In the event that the patient with the disorder refuses
to authorize such consultation or provide a recent diagnosis
from such physician, acupuncture treatment shall not be continued.
(3) A person violating this section is guilty of a misdemeanor. [2003 c 53 § 122; 1995 c 323 § 12; 1991 c 3 § 14;
1985 c 326 § 14.]
[2003 RCW Supp—page 179]
18.06.150
Title 18 RCW: Businesses and Professions
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
18.06.150
18.06.150 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 18.08
Chapter 18.08 RCW
ARCHITECTS
Sections
18.08.460
Violation of chapter—Penalties—Enforcement—Injunctions—Persons who may initiate proceedings. (Effective
July 1, 2004.)
18.08.460
18.08.460 Violation of chapter—Penalties—Enforcement—Injunctions—Persons who may initiate proceedings. (Effective July 1, 2004.) (1) Any person who violates
any provision of this chapter or any rule promulgated under it
is guilty of a misdemeanor and may also be subject to a civil
penalty in an amount not to exceed one thousand dollars for
each offense.
(2) It shall be the duty of all officers in the state or any
political subdivision thereof to enforce this chapter. Any
public officer may initiate an action before the board to
enforce the provisions of this chapter.
(3) The board may apply for relief by injunction without
bond to restrain a person from committing any act that is prohibited by this chapter. In such proceedings, it is not necessary to allege or prove either that an adequate remedy at law
does not exist or that substantial irreparable damage would
result from the continued violation thereof. The members of
the board shall not be personally liable for their actions in any
such proceeding or in any other proceeding instituted by the
board under this chapter. The board in any proper case shall
cause prosecution to be instituted in any county or counties
where any violation of this chapter occurs, and shall aid the
prosecution of the violator.
(4) No person practicing architecture is entitled to maintain a proceeding in any court of this state relating to services
in the practice of architecture unless it is alleged and proved
that the person was registered or authorized under this chapter to practice or offer to practice architecture at the time the
architecture services were offered or provided. [2003 c 53 §
123; 1985 c 37 § 17.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 18.16 RCW
COSMETOLOGISTS, BARBERS, MANICURISTS,
AND ESTHETICIANS
Chapter 18.16
Sections
18.16.020
18.16.070
18.16.090
18.16.100
18.16.280
Definitions.
Licensing—Persons to whom chapter inapplicable.
Examinations.
Issuance of licenses—Requirements.
Cosmetology apprenticeship pilot program.
18.16.020
18.16.020 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise:
[2003 RCW Supp—page 180]
(1) "Apprenticeship program" means an apprenticeship
pilot program approved under RCW 18.16.280 for the practice of cosmetology, barbering, esthetics, and manicuring,
which expires July 1, 2006.
(2) "Apprentice" means a person engaged in a stateapproved apprenticeship program and who may receive a
wage or compensation while engaged in the program.
(3) "Department" means the department of licensing.
(4) "Board" means the cosmetology, barbering, esthetics,
and manicuring advisory board.
(5) "Director" means the director of the department of
licensing or the director's designee.
(6) "The practice of cosmetology" means arranging,
dressing, cutting, trimming, styling, shampooing, permanent
waving, chemical relaxing, straightening, curling, bleaching,
lightening, coloring, waxing, tweezing, shaving, and mustache and beard design of the hair of the face, neck, and scalp;
temporary removal of superfluous hair by use of depilatories,
waxing, or tweezing; manicuring and pedicuring, limited to
cleaning, shaping, polishing, decorating, and caring for and
treatment of the cuticles and nails of the hands and feet,
excluding the application and removal of sculptured or otherwise artificial nails; esthetics limited to toning the skin of the
scalp, stimulating the skin of the body by the use of preparations, tonics, lotions, or creams; and tinting eyelashes and
eyebrows.
(7) "Cosmetologist" means a person licensed under this
chapter to engage in the practice of cosmetology.
(8) "The practice of barbering" means the cutting, trimming, arranging, dressing, curling, shampooing, shaving, and
mustache and beard design of the hair of the face, neck, and
scalp.
(9) "Barber" means a person licensed under this chapter
to engage in the practice of barbering.
(10) "Practice of manicuring" means the cleaning, shaping, polishing, decorating, and caring for and treatment of the
cuticles and the nails of the hands or feet, and the application
and removal of sculptured or otherwise artificial nails by
hand or with mechanical or electrical apparatus or appliances.
(11) "Manicurist" means a person licensed under this
chapter to engage in the practice of manicuring.
(12) "Practice of esthetics" means care of the skin by
application and use of preparations, antiseptics, tonics, essential oils, or exfoliants, or by any device or equipment, electrical or otherwise, or by wraps, compresses, cleansing, conditioning, stimulation, pore extraction, or product application
and removal; the temporary removal of superfluous hair by
means of lotions, creams, mechanical or electrical apparatus,
appliance, waxing, tweezing, or depilatories; tinting of eyelashes and eyebrows; and lightening the hair, except the
scalp, on another person.
(13) "Esthetician" means a person licensed under this
chapter to engage in the practice of esthetics.
(14) "Instructor-trainee" means a person who is currently
licensed in this state as a cosmetologist, barber, manicurist, or
esthetician, and is enrolled in an instructor-trainee curriculum
in a school licensed under this chapter.
(15) "School" means any establishment that offers curriculum of instruction in the practice of cosmetology, barbering, esthetics, manicuring, or instructor-trainee to students
and is licensed under this chapter.
Cosmetologists, Barbers, Manicurists, and Estheticians
(16) "Student" means a person sixteen years of age or
older who is enrolled in a school licensed under this chapter
and receives instruction in any of the curricula of cosmetology, barbering, esthetics, manicuring, or instructor-training
with or without tuition, fee, or cost, and who does not receive
any wage or commission.
(17) "Instructor" means a person who gives instruction in
a school in a curriculum in which he or she holds a license
under this chapter, has completed at least five hundred hours
of instruction in teaching techniques and lesson planning in a
school, and has passed a licensing examination approved or
administered by the director. An applicant who holds a
degree in education from an accredited postsecondary institution shall upon application be licensed as an instructor to give
instruction in a school in a curriculum in which he or she
holds a license under this chapter. An applicant who holds an
instructional credential from an accredited community or
technical college and who has passed a licensing examination
approved or administered by the director shall upon application be licensed as an instructor to give instruction in a school
in a curriculum in which he or she holds a license under this
chapter.
(18) "Person" means any individual, partnership, professional service corporation, joint stock association, joint venture, or any other entity authorized to do business in this state.
(19) "Salon/shop" means any building, structure, or any
part thereof, other than a school, where the commercial practice of cosmetology, barbering, esthetics, or manicuring is
conducted; provided that any person, except employees of a
salon/shop, who operates from a salon/shop is required to
meet all salon/shop licensing requirements and may participate in the apprenticeship program when certified by the
advisory committee as established by the department of labor
and industries apprenticeship council.
(20) "Crossover training" means training approved by
the director as training hours that may be credited to current
licensees for similar training received in another profession
licensed under this chapter.
(21) "Approved security" means surety bond.
(22) "Personal services" means a location licensed under
this chapter where the practice of cosmetology, barbering,
manicuring, or esthetics is performed for clients in the client's
home, office, or other location that is convenient for the client.
(23) "Individual license" means a cosmetology, barber,
manicurist, esthetician, or instructor license issued under this
chapter.
(24) "Location license" means a license issued under this
chapter for a salon/shop, school, personal services, or mobile
unit.
(25) "Mobile unit" is a location license under this chapter
where the practice of cosmetology, barbering, esthetics, or
manicuring is conducted in a mobile structure. Mobile units
must conform to the health and safety standards set by rule
under this chapter.
(26) "Curriculum" means the courses of study taught at a
school, set by rule under this chapter, and approved by the
department. After consulting with the board, the director
may set by rule a percentage of hours in a curriculum, up to a
maximum of ten percent, that could include hours a student
receives while training in a salon/shop under a contract
18.16.100
approved by the department. Each curriculum must include
at least the following required hours:
(a) Cosmetologist, one thousand six hundred hours;
(b) Barber, one thousand hours;
(c) Manicurist, six hundred hours;
(d) Esthetician, six hundred hours;
(e) Instructor-trainee, five hundred hours.
(27) "Student monthly report" means the student record
of daily activities and the number of hours completed in each
course of a curriculum that is prepared monthly by the school
and provided to the student, audited annually by the department, and kept on file by the school for three years. [2003 c
400 § 2; 2002 c 111 § 2; 1991 c 324 § 1; 1984 c 208 § 2.]
Effective date—2003 c 400: See note following RCW 18.16.280.
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.070
18.16.070 Licensing—Persons to whom chapter
inapplicable. This chapter shall not apply to persons
licensed under other laws of this state who are performing
services within their authorized scope of practice and shall
not be construed to require a license for students enrolled in a
school or an apprentice engaged in a state-approved apprenticeship program as defined in RCW 18.16.020. [2003 c 400
§ 3; 1984 c 208 § 4.]
Effective date—2003 c 400: See note following RCW 18.16.280.
18.16.090
18.16.090 Examinations. Examinations for licensure
under this chapter shall be conducted at such times and places
as the director determines appropriate. Examinations shall
consist of tests designed to reasonably measure the applicant's knowledge of safe and sanitary practices and may also
include the applicant's knowledge of this chapter and rules
adopted pursuant to this chapter. The director may establish
by rule a performance examination in addition to any other
examination. The director shall establish by rule the minimum passing score for all examinations and the requirements
for reexamination of applicants who fail the examination or
examinations. The director may allow an independent person
to conduct the examinations at the expense of the applicants.
The director shall take steps to ensure that after completion of the required course or apprenticeship program, applicants may promptly take the examination and receive the
results of the examination. [2003 c 400 § 4; 2002 c 111 § 6;
1991 c 324 § 5; 1984 c 208 § 10.]
Effective date—2003 c 400: See note following RCW 18.16.280.
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.100
18.16.100 Issuance of licenses—Requirements. (1)
Upon completion of an application approved by the department and payment of the proper fee, the director shall issue
the appropriate license to any person who:
(a) Is at least seventeen years of age or older;
(b)(i) Has completed and graduated from a school
licensed under this chapter in a curriculum approved by the
director of sixteen hundred hours of training in cosmetology,
one thousand hours of training in barbering, six hundred
hours of training in manicuring, six hundred hours of training
in esthetics, and/or five hundred hours of training as an
instructor-trainee, or has met the requirements in RCW
18.16.020 or 18.16.130; or
[2003 RCW Supp—page 181]
18.16.280
Title 18 RCW: Businesses and Professions
(ii) Has successfully completed a state-approved apprenticeship training program; and
(c) Has received a passing grade on the appropriate
licensing examination approved or administered by the director.
(2) A person currently licensed under this chapter may
qualify for examination and licensure, after the required
examination is passed, in another category if he or she has
completed the crossover training course.
(3) Upon completion of an application approved by the
department, certification of insurance, and payment of the
proper fee, the director shall issue a location license to the
applicant.
(4) The director may consult with the state board of
health and the department of labor and industries in establishing training, apprenticeship, and examination requirements.
[2003 c 400 § 5; 2002 c 111 § 7; 1991 c 324 § 6; 1984 c 208
§ 5.]
Effective date—2003 c 400: See note following RCW 18.16.280.
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.280
18.16.280 Cosmetology apprenticeship pilot program. A cosmetology apprenticeship pilot program is
hereby created.
(1) An advisory committee is created that may consist of
representatives from individuals and businesses licensed
under chapter 18.16 RCW; cosmetology, barbering, esthetics, and manicuring advisory board members; department of
labor and industries; department of licensing; United States
department of labor apprenticeship; and other interested parties.
(a) The advisory committee shall meet to review
progress of the cosmetology apprenticeship pilot program.
(b) The department of labor and industries apprenticeship council shall coordinate the activities of the advisory
committee. The advisory committee shall issue annual
reports on the progress of the apprenticeship program to
interested parties and shall issue a final report regarding the
outcome of the apprenticeship program to be presented to the
appropriate committees of the house of representatives and
senate by December 31, 2005.
(2) Up to twenty salons approved by the department of
labor and industries apprenticeship council may participate in
the apprenticeship program. The participating salons shall
proportionately represent the geographic diversity of Washington state, including rural and urban areas, and salons
located in both eastern and western Washington.
(3) The department of licensing shall adopt rules, including a mandatory requirement that apprentices complete inclassroom theory courses as a part of their training, to provide
for the licensure of participants of the apprenticeship program.
(4) The cosmetology apprenticeship pilot program
expires July 1, 2006. [2003 c 400 § 1.]
Effective date—2003 c 400: "This act takes effect September 15,
2003." [2003 c 400 § 6.]
Chapter 18.20
Chapter 18.20 RCW
BOARDING HOMES
Sections
[2003 RCW Supp—page 182]
18.20.020
18.20.030
18.20.050
18.20.110
18.20.125
18.20.190
18.20.280
18.20.290
Definitions.
License required.
Licenses—Issuance—Renewal—Provisional licenses—
Fees—Display—Surrender, relinquishment.
Inspection of boarding homes—Approval of changes or new
facilities.
Inspections—Enforcement remedies—Screening—Access to
vulnerable adults/limitation.
Department response to noncompliance or violations.
General responsibility for each resident.
Holding a medicaid eligible resident's room or unit—Payment
rates—Report to the legislature. (Expires June 30, 2006.)
18.20.020
18.20.020 Definitions. As used in this chapter:
(1) "Boarding home" means any home or other institution, however named, which is advertised, announced, or
maintained for the express or implied purpose of providing
board and domiciliary care to seven or more residents after
July 1, 2000. However, a boarding home that is licensed to
provide board and domiciliary care to three to six residents on
July 1, 2000, may maintain its boarding home license as long
as it is continually licensed as a boarding home. "Boarding
home" shall not include facilities certified as group training
homes pursuant to RCW 71A.22.040, nor any home, institution or section thereof which is otherwise licensed and regulated under the provisions of state law providing specifically
for the licensing and regulation of such home, institution or
section thereof. Nor shall it include any independent senior
housing, independent living units in continuing care retirement communities, or other similar living situations including those subsidized by the department of housing and urban
development.
(2) "Person" means any individual, firm, partnership,
corporation, company, association, or joint stock association,
and the legal successor thereof.
(3) "Secretary" means the secretary of social and health
services.
(4) "Department" means the state department of social
and health services.
(5) "Domiciliary care" means: Assistance with activities
of daily living provided by the boarding home either directly
or indirectly; or assuming general responsibility for the safety
and well-being of the resident; or intermittent nursing services, if provided directly or indirectly by the boarding home.
"Domiciliary care" does not include general observation or
preadmission assessment for the purposes of transitioning to
a licensed care setting.
(6) "General responsibility for the safety and well-being
of the resident" does not include: (a) Emergency assistance
provided on an intermittent or nonroutine basis to any nonresident individual; or (b) services customarily provided
under landlord tenant agreements governed by the residential
landlord-tenant act, chapter 59.18 RCW. Such services do
not include care or supervision.
(7) "Resident" means an individual who: Lives in a
boarding home, including those receiving respite care; is not
related by blood or marriage to the operator of the boarding
home; and by reason of age or disability, receives domiciliary
care provided either directly or indirectly by the boarding
home. [2003 c 231 § 2; 2000 c 47 § 1; 1998 c 272 § 14; 1991
c 3 § 34; 1989 c 329 § 1; 1985 c 213 § 4; 1979 c 141 § 25;
1957 c 253 § 2.]
Findings—2003 c 231: "The legislature finds and declares that, in
keeping with the traditional concept of the dignity of the individual in our
Boarding Homes
democratic society, the older citizens of this state and persons with disabilities are entitled to live in comfort, honor, and dignity in a manner that maximizes freedom and independence.
The legislature further finds that licensed boarding homes are an essential component of home and community-based services, and that the noninstitutional nature of this care setting must be preserved and protected by
ensuring a regulatory structure that focuses on the actual care and services
provided to residents, consumer satisfaction, and continuous quality
improvement.
The legislature also finds that residents and consumers of services in
licensed boarding homes should be encouraged to exercise maximum independence, and the legislature declares that the state's rules for licensed
boarding homes must also be designed to encourage individual dignity,
autonomy, and choice.
The legislature further finds that consumers should be afforded access
to affordable long-term care services in licensed boarding homes, and
believes that care delivery must remain responsive to consumer preferences.
Residents and consumers in licensed boarding homes should be afforded the
right to self-direct care, and this right should be reflected in the rules governing licensed boarding homes." [2003 c 231 § 1.]
Effective date—2003 c 231: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 12, 2003]." [2003 c 231 § 12.]
Effective date—2000 c 47: "This act takes effect July 1, 2000." [2000
c 47 § 11.]
Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230.
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
18.20.030
18.20.030 License required. (1) After January 1, 1958,
no person shall operate or maintain a boarding home as
defined in this chapter within this state without a license
under this chapter.
(2) A boarding home license is not required for the housing, or services, that are customarily provided under landlord
tenant agreements governed by the residential landlord-tenant act, chapter 59.18 RCW, or when housing nonresident
individuals who, without ongoing assistance from the boarding home, initiate and arrange for services provided by persons other than the boarding home licensee or the licensee's
contractor. This subsection does not prohibit the licensee
from furnishing written information concerning available
community resources to the nonresident individual or the
individual's family members or legal representatives. The
licensee may not require the use of any particular service provider.
(3) Residents receiving domiciliary care, directly or indirectly by the boarding home, are not considered nonresident
individuals for the purposes of this section.
(4) A boarding home license is not required for emergency assistance when that emergency assistance is not provided on a frequent or routine basis to any one nonresident
individual and the nonresident individual resides in independent senior housing, independent living units in continuing
care retirement communities, independent living units having
common ownership with a licensed boarding home, or other
similar living situations including those subsidized by the
department of housing and urban development. [2003 c 231
§ 3; 1957 c 253 § 3.]
Findings—Effective date—2003 c 231: See notes following RCW
18.20.020.
18.20.050
18.20.050 Licenses—Issuance—Renewal—Provisional licenses—Fees—Display—Surrender, relinquish-
18.20.110
ment. Upon receipt of an application for license, if the applicant and the boarding home facilities meet the requirements
established under this chapter, the department shall issue a
license. If there is a failure to comply with the provisions of
this chapter or the standards and rules adopted pursuant
thereto, the department may in its discretion issue to an applicant for a license, or for the renewal of a license, a provisional
license which will permit the operation of the boarding home
for a period to be determined by the department, but not to
exceed twelve months, which provisional license shall not be
subject to renewal. The department may also place conditions on the license under RCW 18.20.190. At the time of the
application for or renewal of a license or provisional license
the licensee shall pay a license fee as established by the
department under RCW 43.20B.110. All licenses issued
under the provisions of this chapter shall expire on a date to
be set by the department, but no license issued pursuant to
this chapter shall exceed twelve months in duration. However, when the annual license renewal date of a previously
licensed boarding home is set by the department on a date
less than twelve months prior to the expiration date of a
license in effect at the time of reissuance, the license fee shall
be prorated on a monthly basis and a credit be allowed at the
first renewal of a license for any period of one month or more
covered by the previous license. All applications for renewal
of a license shall be made not later than thirty days prior to
the date of expiration of the license. Each license shall be
issued only for the premises and persons named in the application, and no license shall be transferable or assignable.
Licenses shall be posted in a conspicuous place on the
licensed premises.
A licensee who receives notification of the department's
initiation of a denial, suspension, nonrenewal, or revocation
of a boarding home license may, in lieu of appealing the
department's action, surrender or relinquish the license. The
department shall not issue a new license to or contract with
the licensee, for the purposes of providing care to vulnerable
adults or children, for a period of twenty years following the
surrendering or relinquishment of the former license. The
licensing record shall indicate that the licensee relinquished
or surrendered the license, without admitting the violations,
after receiving notice of the department's initiation of a
denial, suspension, nonrenewal, or revocation of a license.
[2003 c 231 § 4; 2001 c 193 § 10; 2000 c 47 § 3; 1987 c 75 §
3; 1982 c 201 § 4; 1971 ex.s. c 247 § 1; 1957 c 253 § 5.]
Findings—Effective date—2003 c 231: See notes following RCW
18.20.020.
Effective date—2000 c 47: See note following RCW 18.20.020.
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
18.20.110
18.20.110 Inspection of boarding homes—Approval
of changes or new facilities. The department shall make or
cause to be made, at least every eighteen months with an
annual average of fifteen months, an inspection and investigation of all boarding homes. However, the department may
delay an inspection to twenty-four months if the boarding
home has had three consecutive inspections with no written
notice of violations and has received no written notice of violations resulting from complaint investigation during that
same time period. The department may at anytime make an
[2003 RCW Supp—page 183]
18.20.125
Title 18 RCW: Businesses and Professions
unannounced inspection of a licensed home to assure that the
licensee is in compliance with this chapter and the rules
adopted under this chapter. Every inspection shall focus primarily on actual or potential resident outcomes, and may
include an inspection of every part of the premises and an
examination of all records (other than financial records),
methods of administration, the general and special dietary,
and the stores and methods of supply. Following such an
inspection or inspections, written notice of any violation of
this law or the rules adopted hereunder shall be given to the
applicant or licensee and the department. The department
may prescribe by rule that any licensee or applicant desiring
to make specified types of alterations or additions to its facilities or to construct new facilities shall, before commencing
such alteration, addition, or new construction, submit plans
and specifications therefor to the agencies responsible for
plan reviews for preliminary inspection and approval or recommendations with respect to compliance with the rules and
standards herein authorized. [2003 c 280 § 1; 2000 c 47 § 4;
1985 c 213 § 7; 1957 c 253 § 11.]
Effective date—2000 c 47: See note following RCW 18.20.020.
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
18.20.125
18.20.125 Inspections—Enforcement remedies—
Screening—Access to vulnerable adults/limitation. (1)
Inspections must be outcome based and responsive to resident complaints and based on a clear set of health, quality of
care, and safety standards that are easily understandable and
have been made available to facilities. This includes that
when conducting licensing inspections, the department shall
interview an appropriate percentage of residents, family
members, and advocates in addition to interviewing appropriate staff.
(2) Prompt and specific enforcement remedies shall also
be implemented without delay, consistent with RCW
18.20.190, for facilities found to have delivered care or failed
to deliver care resulting in problems that are serious, recurring, or uncorrected, or that create a hazard that is causing or
likely to cause death or serious harm to one or more residents.
These enforcement remedies may also include, when appropriate, reasonable conditions on a license. In the selection of
remedies, the safety, health, and well-being of residents shall
be of paramount importance.
(3) To the extent funding is available, the licensee,
administrator, and their staff should be screened through
background checks in a uniform and timely manner to ensure
that they do not have a criminal history that would disqualify
them from working with vulnerable adults. Employees may
be provisionally hired pending the results of the background
check if they have been given three positive references.
(4) No licensee, administrator, or staff, or prospective
licensee, administrator, or staff, with a stipulated finding of
fact, conclusion of law, and agreed order, or finding of fact,
conclusion of law, or final order issued by a disciplining
authority, a court of law, or entered into the state registry
finding him or her guilty of abuse, neglect, exploitation, or
abandonment of a minor or a vulnerable adult as defined in
chapter 74.34 RCW shall be employed in the care of and have
unsupervised access to vulnerable adults. [2003 c 231 § 5;
2001 c 85 § 2.]
[2003 RCW Supp—page 184]
Findings—Effective date—2003 c 231: See notes following RCW
18.20.020.
Effective date—2001 c 85: See note following RCW 18.20.115.
18.20.190
18.20.190 Department response to noncompliance or
violations. (1) The department of social and health services
is authorized to take one or more of the actions listed in subsection (2) of this section in any case in which the department
finds that a boarding home provider has:
(a) Failed or refused to comply with the requirements of
this chapter or the rules adopted under this chapter;
(b) Operated a boarding home without a license or under
a revoked license;
(c) Knowingly, or with reason to know, made a false
statement of material fact on his or her application for license
or any data attached thereto, or in any matter under investigation by the department; or
(d) Willfully prevented or interfered with any inspection
or investigation by the department.
(2) When authorized by subsection (1) of this section, the
department may take one or more of the following actions:
(a) Refuse to issue a license;
(b) Impose reasonable conditions on a license, such as
correction within a specified time, training, and limits on the
type of clients the provider may admit or serve;
(c) Impose civil penalties of not more than one hundred
dollars per day per violation;
(d) Suspend, revoke, or refuse to renew a license;
(e) Suspend admissions to the boarding home by imposing stop placement; or
(f) Suspend admission of a specific category or categories of residents as related to the violation by imposing a limited stop placement.
(3) When the department orders stop placement or a limited stop placement, the facility shall not admit any new resident until the stop placement or limited stop placement order
is terminated. The department may approve readmission of a
resident to the facility from a hospital or nursing home during
the stop placement or limited stop placement. The department shall terminate the stop placement or limited stop placement when: (a) The violations necessitating the stop placement or limited stop placement have been corrected; and (b)
the provider exhibits the capacity to maintain correction of
the violations previously found deficient. However, if upon
the revisit the department finds new violations that the
department reasonably believes will result in a new stop
placement or new limited stop placement, the previous stop
placement or limited stop placement shall remain in effect
until the new stop placement or new limited stop placement is
imposed.
(4) After a department finding of a violation for which a
stop placement or limited stop placement has been imposed,
the department shall make an on-site revisit of the provider
within fifteen working days from the request for revisit, to
ensure correction of the violation. For violations that are
serious or recurring or uncorrected following a previous citation, and create actual or threatened harm to one or more residents' well-being, including violations of residents' rights,
the department shall make an on-site revisit as soon as appropriate to ensure correction of the violation. Verification of
correction of all other violations may be made by either a
Registration of Contractors
18.27.090
department on-site revisit or by written or photographic documentation found by the department to be credible. This subsection does not prevent the department from enforcing
license suspensions or revocations. Nothing in this subsection shall interfere with or diminish the department's authority and duty to ensure that the provider adequately cares for
residents, including to make departmental on-site revisits as
needed to ensure that the provider protects residents, and to
enforce compliance with this chapter.
(5) RCW 43.20A.205 governs notice of a license denial,
revocation, suspension, or modification. Chapter 34.05
RCW applies to department actions under this section, except
that orders of the department imposing license suspension,
stop placement, limited stop placement, or conditions for
continuation of a license are effective immediately upon
notice and shall continue pending any hearing.
(6) For the purposes of this section, "limited stop placement" means the ability to suspend admission of a specific
category or categories of residents. [2003 c 231 § 6; 2001 c
193 § 4; 2000 c 47 § 7; 1998 c 272 § 15; 1995 1st sp.s. c 18 §
18.]
(2) The medicaid resident's bed or unit shall be held for
up to twenty days. The per day bed or unit hold compensation amount shall be seventy percent of the daily rate paid for
the first seven days the bed or unit is held for the resident who
needs short-term nursing home care or hospitalization. The
rate for the eighth through the twentieth day a bed is held
shall be established in rule, but shall be no lower than ten dollars per day the bed or unit is held.
(3) The boarding home may seek third-party payment to
hold a bed or unit for twenty-one days or longer. The thirdparty payment shall not exceed eighty-five percent of the
average daily rate paid to the facility. If third-party payment
is not available, the medicaid resident may return to the first
available and appropriate bed or unit, if the resident continues
to meet the admission criteria under this chapter.
(4) The department shall monitor the use and impact of
the policy established under this section and shall report its
findings to the appropriate committees of the senate and
house of representatives by December 31, 2005.
(5) This section expires June 30, 2006. [2003 c 231 §
11.]
Findings—Effective date—2003 c 231: See notes following RCW
18.20.020.
Findings—Effective date—2003 c 231: See notes following RCW
18.20.020.
Effective date—2000 c 47: See note following RCW 18.20.020.
Chapter 18.27
Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Chapter 18.27 RCW
REGISTRATION OF CONTRACTORS
Sections
18.27.090
Exemptions.
18.20.280
18.20.280 General responsibility for each resident.
(1) The boarding home must assume general responsibility
for each resident and must promote each resident's health,
safety, and well-being consistent with the resident negotiated
care plan.
(2) The boarding home is not required to supervise the
activities of a person providing care or services to a resident
when the resident, or legal representative, has independently
arranged for or contracted with the person and the person is
not directly or indirectly controlled or paid by the boarding
home. However, the boarding home is required to coordinate
services with such person to the extent allowed by the resident, or legal representative, and consistent with the resident's negotiated care plan. Further, the boarding home is
required to observe the resident and respond appropriately to
any changes in the resident's overall functioning consistent
with chapter 70.129 RCW, this chapter, and rules adopted
under this chapter. [2003 c 231 § 7.]
Findings—Effective date—2003 c 231: See notes following RCW
18.20.020.
18.20.290
18.20.290 Holding a medicaid eligible resident's
room or unit—Payment rates—Report to the legislature.
(Expires June 30, 2006.) (1) When a boarding home contracts with the department to provide adult residential care
services, enhanced adult residential care services, or assisted
living services under chapter 74.39A RCW, the boarding
home must hold a medicaid eligible resident's room or unit
when short-term care is needed in a nursing home or hospital,
the resident is likely to return to the boarding home, and payment is made under subsection (2) of this section.
18.27.090
18.27.090 Exemptions. The registration provisions of
this chapter do not apply to:
(1) An authorized representative of the United States
government, the state of Washington, or any incorporated
city, town, county, township, irrigation district, reclamation
district, or other municipal or political corporation or subdivision of this state;
(2) Officers of a court when they are acting within the
scope of their office;
(3) Public utilities operating under the regulations of the
utilities and transportation commission in construction, maintenance, or development work incidental to their own business;
(4) Any construction, repair, or operation incidental to
the discovering or producing of petroleum or gas, or the drilling, testing, abandoning, or other operation of any petroleum
or gas well or any surface or underground mine or mineral
deposit when performed by an owner or lessee;
(5) The sale or installation of any finished products,
materials, or articles of merchandise that are not actually fabricated into and do not become a permanent fixed part of a
structure;
(6) Any construction, alteration, improvement, or repair
of personal property performed by the registered or legal
owner, or by a mobile/manufactured home retail dealer or
manufacturer licensed under chapter 46.70 RCW who shall
warranty service and repairs under chapter 46.70 RCW;
(7) Any construction, alteration, improvement, or repair
carried on within the limits and boundaries of any site or reservation under the legal jurisdiction of the federal government;
[2003 RCW Supp—page 185]
Chapter 18.29
Title 18 RCW: Businesses and Professions
(8) Any person who only furnished materials, supplies,
or equipment without fabricating them into, or consuming
them in the performance of, the work of the contractor;
(9) Any work or operation on one undertaking or project
by one or more contracts, the aggregate contract price of
which for labor and materials and all other items is less than
five hundred dollars, such work or operations being considered as of a casual, minor, or inconsequential nature. The
exemption prescribed in this subsection does not apply in any
instance wherein the work or construction is only a part of a
larger or major operation, whether undertaken by the same or
a different contractor, or in which a division of the operation
is made into contracts of amounts less than five hundred dollars for the purpose of evasion of this chapter or otherwise.
The exemption prescribed in this subsection does not apply to
a person who advertises or puts out any sign or card or other
device which might indicate to the public that he or she is a
contractor, or that he or she is qualified to engage in the business of contractor;
(10) Any construction or operation incidental to the construction and repair of irrigation and drainage ditches of regularly constituted irrigation districts or reclamation districts;
or to farming, dairying, agriculture, viticulture, horticulture,
or stock or poultry raising; or to clearing or other work upon
land in rural districts for fire prevention purposes; except
when any of the above work is performed by a registered contractor;
(11) An owner who contracts for a project with a registered contractor, except that this exemption shall not deprive
the owner of the protections of this chapter against registered
and unregistered contractors;
(12) Any person working on his or her own property,
whether occupied by him or her or not, and any person working on his or her personal residence, whether owned by him
or her or not but this exemption shall not apply to any person
otherwise covered by this chapter who constructs an
improvement on his or her own property with the intention
and for the purpose of selling the improved property;
(13) Owners of commercial properties who use their own
employees to do maintenance, repair, and alteration work in
or upon their own properties;
(14) A licensed architect or civil or professional engineer
acting solely in his or her professional capacity, an electrician
licensed under the laws of the state of Washington, or a
plumber licensed under the laws of the state of Washington or
licensed by a political subdivision of the state of Washington
while operating within the boundaries of such political subdivision. The exemption provided in this subsection is applicable only when the licensee is operating within the scope of his
or her license;
(15) Any person who engages in the activities herein regulated as an employee of a registered contractor with wages
as his or her sole compensation or as an employee with wages
as his or her sole compensation;
(16) Contractors on highway projects who have been
prequalified as required by RCW 47.28.070, with the department of transportation to perform highway construction,
reconstruction, or maintenance work;
(17) A mobile/manufactured home dealer or manufacturer who subcontracts the installation, set-up, or repair work
to actively registered contractors. This exemption only
[2003 RCW Supp—page 186]
applies to the installation, set-up, or repair of the
mobile/manufactured homes that were manufactured or sold
by the mobile/manufactured home dealer or manufacturer;
(18) An entity who holds a valid electrical contractor's
license under chapter 19.28 RCW that employs a certified
journeyman electrician, a certified residential specialty electrician, or an electrical trainee meeting the requirements of
chapter 19.28 RCW to perform plumbing work that is incidentally, directly, and immediately appropriate to the like-inkind replacement of a household appliance or other small
household utilization equipment that requires limited electric
power and limited waste and/or water connections. An electrical trainee must be supervised by a certified electrician
while performing plumbing work. [2003 c 399 § 401; 2001 c
159 § 7; 1997 c 314 § 8; 1987 c 313 § 1; 1983 c 4 § 1; 1980 c
68 § 2; 1974 ex.s. c 25 § 2. Prior: 1973 1st ex.s. c 161 § 1;
1973 1st ex.s. c 153 § 6; 1967 c 126 § 3; 1965 ex.s. c 170 §
50; 1963 c 77 § 9.]
Part headings not law—2003 c 399: See note following RCW
19.28.006.
Chapter 18.29
Chapter 18.29 RCW
DENTAL HYGIENISTS
Sections
18.29.050
Scope of licensee's functions—Employment—Supervision.
18.29.050
18.29.050 Scope of licensee's functions—Employment—Supervision. Any person licensed as a dental
hygienist in this state may remove deposits and stains from
the surfaces of the teeth, may apply topical preventive or prophylactic agents, may polish and smooth restorations, may
perform root planing and soft-tissue curettage, and may perform other dental operations and services delegated to them
by a licensed dentist: PROVIDED HOWEVER, That
licensed dental hygienists shall in no event perform the following dental operations or services:
(1) Any surgical removal of tissue of the oral cavity;
(2) Any prescription of drugs or medications requiring
the written order or prescription of a licensed dentist or physician, except that a hygienist may place antimicrobials pursuant to the order of a licensed dentist and under the dentist's
required supervision;
(3) Any diagnosis for treatment or treatment planning; or
(4) The taking of any impression of the teeth or jaw, or
the relationships of the teeth or jaws, for the purpose of fabricating any intra-oral restoration, appliance, or prosthesis.
Such licensed dental hygienists may perform dental
operations and services only under the supervision of a
licensed dentist, and under such supervision may be
employed by hospitals, boards of education of public or private schools, county boards, boards of health, or public or
charitable institutions, or in dental offices. [2003 c 257 § 1;
1997 c 37 § 1; 1971 ex.s. c 235 § 1; 1969 c 47 § 4; 1923 c 16
§ 27; RRS § 10030-27.]
Chapter 18.32
Chapter 18.32 RCW
DENTISTRY
Sections
18.32.030
Exemptions from chapter.
Dentistry
18.32.215
18.32.675
18.32.745
18.32.755
18.32.030
Licensure without examination—Licensed in another state.
Practice or solicitation by corporations prohibited—Penalty.
(Effective July 1, 2004.)
Unlawful practice—Employing unlicensed dentist—Penalty.
(Effective July 1, 2004.)
Advertising—Names used—Penalty. (Effective July 1, 2004.)
18.32.030 Exemptions from chapter. The following
practices, acts, and operations are excepted from the operation of the provisions of this chapter:
(1) The rendering of dental relief in emergency cases in
the practice of his or her profession by a physician or surgeon, licensed as such and registered under the laws of this
state, unless the physician or surgeon undertakes to or does
reproduce lost parts of the human teeth in the mouth or to
restore or to replace in the human mouth lost or missing teeth;
(2) The practice of dentistry in the discharge of official
duties by dentists in the United States federal services on federal reservations, including but not limited to the armed services, coast guard, public health service, veterans' bureau, or
bureau of Indian affairs;
(3) Dental schools or colleges approved under RCW
18.32.040, and the practice of dentistry by students in accredited dental schools or colleges approved by the commission,
when acting under the direction and supervision of Washington state-licensed dental school faculty;
(4) The practice of dentistry by licensed dentists of other
states or countries while appearing as clinicians at meetings
of the Washington state dental association, or component
parts thereof, or at meetings sanctioned by them, or other
groups approved by the commission;
(5) The use of roentgen and other rays for making radiographs or similar records of dental or oral tissues, under the
supervision of a licensed dentist or physician;
(6) The making, repairing, altering, or supplying of artificial restorations, substitutions, appliances, or materials for
the correction of disease, loss, deformity, malposition, dislocation, fracture, injury to the jaws, teeth, lips, gums, cheeks,
palate, or associated tissues or parts; providing the same are
made, repaired, altered, or supplied pursuant to the written
instructions and order of a licensed dentist which may be
accompanied by casts, models, or impressions furnished by
the dentist, and the prescriptions shall be retained and filed
for a period of not less than three years and shall be available
to and subject to the examination of the secretary or the secretary's authorized representatives;
(7) The removal of deposits and stains from the surfaces
of the teeth, the application of topical preventative or prophylactic agents, and the polishing and smoothing of restorations, when performed or prescribed by a dental hygienist
licensed under the laws of this state;
(8) A qualified and licensed physician and surgeon or
osteopathic physician and surgeon extracting teeth or performing oral surgery pursuant to the scope of practice under
chapter 18.71 or 18.57 RCW;
(9) The performing of dental operations or services by
persons not licensed under this chapter when performed
under the supervision of a licensed dentist: PROVIDED
HOWEVER, That such nonlicensed person shall in no event
perform the following dental operations or services unless
permitted to be performed by the person under this chapter or
18.32.675
chapters 18.29, 18.57, 18.71, and 18.79 RCW as it applies to
registered nurses and advanced registered nurse practitioners:
(a) Any removal of or addition to the hard or soft tissue
of the oral cavity;
(b) Any diagnosis of or prescription for treatment of disease, pain, deformity, deficiency, injury, or physical condition of the human teeth or jaws, or adjacent structure;
(c) Any administration of general or injected local anaesthetic of any nature in connection with a dental operation,
including intravenous sedation;
(d) Any oral prophylaxis;
(e) The taking of any impressions of the teeth or jaw or
the relationships of the teeth or jaws, for the purpose of fabricating any intra-oral restoration, appliance, or prosthesis.
[2003 c 282 § 1; 1994 sp.s. c 9 § 203; 1991 c 3 § 59; 1989 c
202 § 13; 1979 c 158 § 35; 1971 ex.s. c 236 § 1; 1969 c 47 §
7; 1957 c 52 § 21; 1953 c 93 § 1; 1951 c 130 § 1. Prior: (i)
1941 c 92 § 3; 1935 c 112 § 25; Rem. Supp. 1941 § 1003125; prior: 1923 c 16 § 23. (ii) 1935 c 112 § 6; RRS § 100316; prior: 1923 c 16 § 1; 1901 c 152 § 5; 1893 c 55 § 11.]
18.32.215
18.32.215 Licensure without examination—Licensed
in another state. An applicant holding a valid license and
currently engaged in practice in another state may be granted
a license without examination required by this chapter, on the
payment of any required fees, if the applicant is a graduate of
a dental college, school, or dental department of an institution
approved by the commission under RCW 18.32.040(1). The
commission may also require the applicant to: (1) File with
the commission documentation certifying the applicant is
licensed to practice in another state; and (2) provide information as the commission deems necessary pertaining to the
conditions and criteria of the Uniform Disciplinary Act,
chapter 18.130 RCW, and to demonstrate to the commission
a knowledge of Washington law pertaining to the practice of
dentistry. [2003 c 57 § 2; 1994 sp.s. c 9 § 219; 1989 c 202 §
30.]
Finding—2003 c 57: "The legislature finds and declares that access to
dental care is severely hampered by a critical and emergent shortage of dental providers in Washington state. Dental disease is an epidemic among poor
children, the elderly, the disabled, and anyone who does not have access to
adequate dental care. Dental decay is worsening among children under four
years of age, with forty-one percent of the state's Headstart children needing
treatment for dental decay. The lack of qualified dentists poses a serious and
compelling threat to the oral health of the people of this state.
Shortages are also due to licensing restrictions that have discouraged
qualified dentists from coming into this state. Increasing the number of dentists from other states and from military service would enable retiring dentists in this state to sell their practices to other qualified practitioners." [2003
c 57 § 1.]
18.32.675
18.32.675 Practice or solicitation by corporations
prohibited—Penalty. (Effective July 1, 2004.) (1) No corporation shall practice dentistry or shall solicit through itself,
or its agent, officers, employees, directors or trustees, dental
patronage for any dentists or dental surgeon employed by any
corporation: PROVIDED, That nothing contained in this
chapter shall prohibit a corporation from employing a dentist
or dentists to render dental services to its employees: PROVIDED, FURTHER, That such dental services shall be rendered at no cost or charge to the employees; nor shall it apply
to corporations or associations in which the dental services
were originated and are being conducted upon a purely char[2003 RCW Supp—page 187]
18.32.745
Title 18 RCW: Businesses and Professions
itable basis for the worthy poor, nor shall it apply to corporations or associations furnishing information or clerical services which can be furnished by persons not licensed to practice dentistry, to any person lawfully engaged in the practice
of dentistry, when such dentist assumes full responsibility for
such information and services.
(2) Any corporation violating this section is guilty of a
gross misdemeanor, and each day that this chapter is violated
shall be considered a separate offense. [2003 c 53 § 124;
1935 c 112 § 19; RRS § 10031-19. Formerly RCW
18.32.310.]
Savings—1986 c 259 §§ 36, 37, 41, 43: See note following RCW
18.32.660.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
18.39.220
Severability—1986 c 259: See note following RCW 18.130.010.
Chapter 18.39 RCW
EMBALMERS—FUNERAL DIRECTORS
Chapter 18.39
Sections
18.39.215
18.39.217
18.39.231
18.32.745
18.32.745 Unlawful practice—Employing unlicensed
dentist—Penalty. (Effective July 1, 2004.) (1) No manager, proprietor, partnership, or association owning, operating, or controlling any room, office, or dental parlors, where
dental work is done, provided, or contracted for, shall employ
or retain any unlicensed person or dentist as an operator; nor
shall fail, within ten days after demand made by the secretary
of health or the commission in writing sent by certified mail,
addressed to any such manager, proprietor, partnership, or
association at the room, office, or dental parlor, to furnish the
secretary of health or the commission with the names and
addresses of all persons practicing or assisting in the practice
of dentistry in his or her place of business or under his or her
control, together with a sworn statement showing by what
license or authority the persons are practicing dentistry.
(2) The sworn statement shall not be used as evidence in
any subsequent court proceedings, except in a prosecution for
perjury connected with its execution.
(3) Any violation of this section is improper, unprofessional, and dishonorable conduct, and grounds for injunction
proceedings as provided by this chapter.
(4)(a) Except as provided in (b) of this subsection, a violation of this section is also a gross misdemeanor.
(b) The failure to furnish the information as may be
requested in accordance with this section is a misdemeanor.
[2003 c 53 § 125; 1994 sp.s. c 9 § 224; 1991 c 3 § 73; 1977
ex.s. c 5 § 31; 1957 c 52 § 38; 1953 c 93 § 7. Prior: 1937 c
45 § 1, part; 1935 c 112 § 18, part; RRS § 10031-18, part.
Formerly RCW 18.32.350.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
18.32.755
18.32.755 Advertising—Names used—Penalty.
(Effective July 1, 2004.) (1) Any advertisement or
announcement for dental services must include for each
office location advertised the names of all persons practicing
dentistry at that office location.
(2) Any violation of this section is improper, unprofessional, and dishonorable conduct, and grounds for injunction
proceedings as provided by RCW 18.130.190(4).
(3) A violation of this section is also a gross misdemeanor. [2003 c 53 § 126; 1994 sp.s. c 9 § 225; 1986 c 259
§ 37; 1957 c 52 § 39. Prior: 1937 c 45 § 1, part; 1935 c 112
§ 18, part; RRS § 10031-18, part. Formerly RCW
18.32.360.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
[2003 RCW Supp—page 188]
Embalmers—Authorization required—Exception—Information required—Immediate care of body—Waiver—Penalty.
(Effective July 1, 2004.)
Permit or endorsement required for cremation—Penalty—
Regulation of crematories. (Effective July 1, 2004.)
Unlawful business practices—Penalty. (Effective July 1,
2004.)
Prohibited advice and transactions—Exceptions—Rules—
Penalty. (Effective July 1, 2004.)
18.39.215
18.39.215 Embalmers—Authorization required—
Exception—Information required—Immediate care of
body—Waiver—Penalty. (Effective July 1, 2004.) (1)(a)
No licensed embalmer shall embalm a deceased body without
first having obtained authorization from a family member or
representative of the deceased.
(b) Notwithstanding the above prohibition a licensee
may embalm without such authority when after due diligence
no authorized person can be contacted and embalming is in
accordance with legal or accepted standards of care in the
community, or the licensee has good reason to believe that
the family wishes embalming. If embalming is performed
under these circumstances, the licensee shall not be deemed
to be in violation of the provisions of this subsection.
(c) The funeral director or embalmer shall inform the
family member or representative of the deceased that
embalming is not required by state law, except that embalming is required under certain conditions as determined by rule
by the state board of health.
(2)(a) Any person authorized to dispose of human
remains shall refrigerate or embalm the body within twentyfour hours upon receipt of the body, unless disposition of the
body has been made. However, subsection (1) of this section
and RCW 68.50.108 shall be complied with before a body is
embalmed. Upon written authorization of the proper state or
local authority, the provisions of this subsection may be
waived for a specified period of time.
(b) Violation of this subsection is a gross misdemeanor.
[2003 c 53 § 127; 1987 c 331 § 76; 1985 c 402 § 5; 1981 c 43
§ 15.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1987 c 331: See RCW 68.05.900.
Legislative finding—1985 c 402: See note following RCW 68.50.165.
18.39.217
18.39.217 Permit or endorsement required for cremation—Penalty—Regulation of crematories. (Effective
July 1, 2004.) (1) A permit or endorsement issued by the
board or under chapter 68.05 RCW is required in order to
operate a crematory or conduct a cremation.
(2) Conducting a cremation without a permit or endorsement is a misdemeanor. Each such cremation is a separate
violation.
(3) Crematories owned or operated by or located on
property licensed as a funeral establishment shall be regu-
Nursing Homes
18.53.010
18.51.550
lated by the board of funeral directors and embalmers. Crematories not affiliated with a funeral establishment shall be
regulated by the cemetery board. [2003 c 53 § 128; 1985 c
402 § 7.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Legislative finding—1985 c 402: See note following RCW 68.50.165.
18.51.550 Investigation of complaints of violations
concerning nursing technicians. The department shall
investigate complaints of violations of RCW 18.79.350 and
18.79.360 by an employer. The department shall maintain
records of all employers that have violated RCW 18.79.350
and 18.79.360. [2003 c 258 § 9.]
Severability—Effective date—2003 c 258: See notes following RCW
18.79.330.
18.39.220
18.39.220 Unlawful business practices—Penalty.
(Effective July 1, 2004.) (1) Every funeral director or
embalmer who pays, or causes to be paid, directly or indirectly, money, or other valuable consideration, for the securing of business, and every person who accepts money, or
other valuable consideration, directly or indirectly, from a
funeral director or from an embalmer, in order that the latter
may obtain business is guilty of a gross misdemeanor.
(2) Every person who sells, or offers for sale, any share,
certificate, or interest in the business of any funeral director
or embalmer, or in any corporation, firm, or association owning or operating a funeral establishment, which promises or
purports to give to the purchaser a right to the services of the
funeral director, embalmer, or corporation, firm, or association at a charge or cost less than that offered or given to the
public, is guilty of a gross misdemeanor. [2003 c 53 § 129;
1981 c 43 § 16; 1937 c 108 § 13; RRS § 8323-2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Violations—Penalty—Unfair practice under chapter 19.86 RCW: RCW
18.39.350.
18.39.231
18.39.231 Prohibited advice and transactions—
Exceptions—Rules—Penalty. (Effective July 1, 2004.) (1)
A funeral director or any person under the supervision of a
funeral director shall not, in conjunction with any professional services performed for compensation under this chapter, provide financial or investment advice to any person
other than a family member, represent any person in a real
estate transaction, or act as an agent under a power of attorney for any person. However, this section shall not be
deemed to prohibit a funeral establishment from entering into
prearrangement funeral service contracts in accordance with
this chapter or to prohibit a funeral director from providing
advice about government or insurance benefits.
(2) A violation of this section is a gross misdemeanor
and is grounds for disciplinary action.
(3) The board shall adopt such rules as the board deems
reasonably necessary to prevent unethical financial dealings
between funeral directors and their clients. [2003 c 53 § 130;
1986 c 259 § 66; 1982 c 66 § 15.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1986 c 259: See note following RCW 18.130.010.
Effective dates—1982 c 66: See note following RCW 18.39.240.
Chapter 18.51
Chapter 18.51 RCW
NURSING HOMES
Sections
18.51.550
Investigation of complaints of violations concerning nursing
technicians.
Chapter 18.53
Chapter 18.53 RCW
OPTOMETRY
Sections
18.53.010
18.53.140
Definition—Scope of practice.
Unlawful acts.
18.53.010
18.53.010 Definition—Scope of practice. (1) The
practice of optometry is defined as the examination of the
human eye, the examination and ascertaining any defects of
the human vision system and the analysis of the process of
vision. The practice of optometry may include, but not necessarily be limited to, the following:
(a) The employment of any objective or subjective
means or method, including the use of drugs, for diagnostic
and therapeutic purposes by those licensed under this chapter
and who meet the requirements of subsections (2) and (3) of
this section, and the use of any diagnostic instruments or
devices for the examination or analysis of the human vision
system, the measurement of the powers or range of human
vision, or the determination of the refractive powers of the
human eye or its functions in general; and
(b) The prescription and fitting of lenses, prisms, therapeutic or refractive contact lenses and the adaption or adjustment of frames and lenses used in connection therewith; and
(c) The prescription and provision of visual therapy,
therapeutic aids, and other optical devices; and
(d) The ascertainment of the perceptive, neural, muscular, or pathological condition of the visual system; and
(e) The adaptation of prosthetic eyes.
(2)(a) Those persons using topical drugs for diagnostic
purposes in the practice of optometry shall have a minimum
of sixty hours of didactic and clinical instruction in general
and ocular pharmacology as applied to optometry, as established by the board, and certification from an institution of
higher learning, accredited by those agencies recognized by
the United States office of education or the council on postsecondary accreditation to qualify for certification by the
optometry board of Washington to use drugs for diagnostic
purposes.
(b) Those persons using or prescribing topical drugs for
therapeutic purposes in the practice of optometry must be
certified under (a) of this subsection, and must have an additional minimum of seventy-five hours of didactic and clinical
instruction as established by the board, and certification from
an institution of higher learning, accredited by those agencies
recognized by the United States office of education or the
council on postsecondary accreditation to qualify for certification by the optometry board of Washington to use drugs for
therapeutic purposes.
(c) Those persons using or prescribing drugs administered orally for diagnostic or therapeutic purposes in the prac[2003 RCW Supp—page 189]
18.53.140
Title 18 RCW: Businesses and Professions
tice of optometry shall be certified under (b) of this subsection, and shall have an additional minimum of sixteen hours
of didactic and eight hours of supervised clinical instruction
as established by the board, and certification from an institution of higher learning, accredited by those agencies recognized by the United States office of education or the council
on postsecondary accreditation to qualify for certification by
the optometry board of Washington to administer, dispense,
or prescribe oral drugs for diagnostic or therapeutic purposes.
(d) Those persons administering epinephrine by injection for treatment of anaphylactic shock in the practice of
optometry must be certified under (b) of this subsection and
must have an additional minimum of four hours of didactic
and supervised clinical instruction, as established by the
board, and certification from an institution of higher learning,
accredited by those agencies recognized by the United States
office of education or the council on postsecondary accreditation to qualify for certification by the optometry board to
administer epinephrine by injection.
(e) Such course or courses shall be the fiscal responsibility of the participating and attending optometrist.
(3) The board shall establish a list of topical drugs for
diagnostic and treatment purposes limited to the practice of
optometry, and no person licensed pursuant to this chapter
shall prescribe, dispense, purchase, possess, or administer
drugs except as authorized and to the extent permitted by the
board.
(4) The board must establish a list of oral Schedule III
through V controlled substances and any oral legend drugs,
with the approval of and after consultation with the board of
pharmacy. No person licensed under this chapter may use,
prescribe, dispense, purchase, possess, or administer these
drugs except as authorized and to the extent permitted by the
board. No optometrist may use, prescribe, dispense, or
administer oral corticosteroids.
(a) The board, with the approval of and in consultation
with the board of pharmacy, must establish, by rule, specific
guidelines for the prescription and administration of drugs by
optometrists, so that licensed optometrists and persons filling
their prescriptions have a clear understanding of which drugs
and which dosages or forms are included in the authority
granted by this section.
(b) An optometrist may not:
(i) Prescribe, dispense, or administer a controlled substance for more than seven days in treating a particular
patient for a single trauma, episode, or condition or for pain
associated with or related to the trauma, episode, or condition; or
(ii) Prescribe an oral drug within ninety days following
ophthalmic surgery unless the optometrist consults with the
treating ophthalmologist.
(c) If treatment exceeding the limitation in (b)(i) of this
subsection is indicated, the patient must be referred to a physician licensed under chapter 18.71 RCW.
(d) The prescription or administration of drugs as authorized in this section is specifically limited to those drugs
appropriate to treatment of diseases or conditions of the
human eye and the adnexa that are within the scope of practice of optometry. The prescription or administration of
drugs for any other purpose is not authorized by this section.
[2003 RCW Supp—page 190]
(5) The board shall develop a means of identification and
verification of optometrists certified to use therapeutic drugs
for the purpose of issuing prescriptions as authorized by this
section.
(6) Nothing in this chapter may be construed to authorize
the use, prescription, dispensing, purchase, possession, or
administration of any Schedule I or II controlled substance.
The provisions of this subsection must be strictly construed.
(7) With the exception of the administration of epinephrine by injection for the treatment of anaphylactic shock, no
injections or infusions may be administered by an optometrist.
(8) Nothing in this chapter may be construed to authorize
optometrists to perform ophthalmic surgery. Ophthalmic
surgery is defined as any invasive procedure in which human
tissue is cut, ablated, or otherwise penetrated by incision,
injection, laser, ultrasound, or other means, in order to: Treat
human eye diseases; alter or correct refractive error; or alter
or enhance cosmetic appearance. Nothing in this chapter limits an optometrist's ability to use diagnostic instruments utilizing laser or ultrasound technology. Ophthalmic surgery, as
defined in this subsection, does not include removal of superficial ocular foreign bodies, epilation of misaligned eyelashes, placement of punctal or lacrimal plugs, diagnostic
dilation and irrigation of the lacrimal system, orthokeratology, prescription and fitting of contact lenses with the purpose of altering refractive error, or other similar procedures
within the scope of practice of optometry. [2003 c 142 § 1;
1989 c 36 § 1; 1981 c 58 § 2; 1975 1st ex.s. c 69 § 2; 1919 c
144 § 1; RRS § 10147. Prior: 1909 c 235 § 1.]
Severability—2003 c 142: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2003 c 142 § 5.]
18.53.140
18.53.140 Unlawful acts. It shall be unlawful for any
person:
(1) To sell or barter, or offer to sell or barter any license
issued by the secretary; or
(2) To purchase or procure by barter any license with the
intent to use the same as evidence of the holder's qualification
to practice optometry; or
(3) To alter with fraudulent intent in any material regard
such license; or
(4) To use or attempt to use any such license which has
been purchased, fraudulently issued, counterfeited or materially altered as a valid license; or
(5) To practice optometry under a false or assumed
name, or as a representative or agent of any person, firm or
corporation with which the licensee has no connection:
PROVIDED, Nothing in this chapter nor in the optometry
law shall make it unlawful for any lawfully licensed optometrist or association of lawfully licensed optometrists to practice optometry under the name of any lawfully licensed
optometrist who may transfer by inheritance or otherwise the
right to use such name; or
(6) To practice optometry in this state either for him or
herself or any other individual, corporation, partnership,
group, public or private entity, or any member of the licensed
healing arts without having at the time of so doing a valid
license issued by the secretary of health; or
Osteopathy—Osteopathic Medicine and Surgery
(7) To in any manner barter or give away as premiums
either on his or her own account or as agent or representative
for any other purpose, firm or corporation, any eyeglasses,
spectacles, lenses or frames; or
(8) To use drugs in the practice of optometry, except as
authorized under RCW 18.53.010; or
(9) To use advertising whether printed, radio, display, or
of any other nature, which is misleading or inaccurate in any
material particular, nor shall any such person in any way misrepresent any goods or services (including but without limitation, its use, trademark, grade, quality, size, origin, substance,
character, nature, finish, material, content, or preparation) or
credit terms, values, policies, services, or the nature or form
of the business conducted; or
(10) To advertise the "free examination of eyes," "free
consultation," "consultation without obligation," "free
advice," or any words or phrases of similar import which convey the impression to the public that eyes are examined free
or of a character tending to deceive or mislead the public, or
in the nature of "bait advertising;" or
(11) To use an advertisement of a frame or mounting
which is not truthful in describing the frame or mounting and
all its component parts. Or advertise a frame or mounting at
a price, unless it shall be depicted in the advertisement without lenses inserted, and in addition the advertisement must
contain a statement immediately following, or adjacent to the
advertised price, that the price is for frame or mounting only,
and does not include lenses, eye examination and professional services, which statement shall appear in type as large
as that used for the price, or advertise lenses or complete
glasses, viz.: frame or mounting with lenses included, at a
price either alone or in conjunction with professional services; or
(12) To use advertising, whether printed, radio, display,
or of any other nature, which inaccurately lays claim to a policy or continuing practice of generally underselling competitors; or
(13) To use advertising, whether printed, radio, display
or of any other nature which refers inaccurately in any material particular to any competitors or their goods, prices, values, credit terms, policies or services; or
(14) To use advertising whether printed, radio, display,
or of any other nature, which states any definite amount of
money as "down payment" and any definite amount of money
as a subsequent payment, be it daily, weekly, monthly, or at
the end of any period of time. [2003 c 142 § 2; 1991 c 3 §
138; 1989 c 36 § 2; 1986 c 259 § 82; 1981 c 58 § 3; 1979 c
158 § 47; 1975 1st ex.s. c 69 § 7; 1945 c 78 § 1; 1935 c 134 §
1; 1919 c 144 § 7; Rem. Supp. 1945 § 10152. Cf. 1909 c 235
§ 5.]
Severability—2003 c 142: See note following RCW 18.53.010.
Severability—1986 c 259: See note following RCW 18.130.010.
False advertising: Chapter 9.04 RCW.
Violation of Uniform Controlled Substances Act—Suspension of license:
RCW 69.50.413.
Chapter 18.57 RCW
OSTEOPATHY—OSTEOPATHIC MEDICINE
AND SURGERY
Chapter 18.57
Sections
18.57.160
18.64.045
Unlawful practices. (Effective July 1, 2004.)
18.57.160
18.57.160 Unlawful practices. (Effective July 1,
2004.) Every person falsely claiming himself or herself to be
the person named in a certificate issued to another, or falsely
claiming himself or herself to be the person entitled to the
same, is guilty of forgery under RCW 9A.60.020. [2003 c 53
§ 131; 1981 c 277 § 9; 1919 c 4 § 15; RRS § 10067. Cf. 1909
c 192 § 15.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Forgery: RCW 9A.60.020.
Chapter 18.64
Chapter 18.64 RCW
PHARMACISTS
Sections
18.64.045
18.64.046
18.64.047
18.64.245
18.64.246
18.64.247
18.64.270
Manufacturer's license—Fees—Display—Declaration of
ownership and location—Penalties. (Effective July 1, 2004.)
Wholesaler's license—Required—Authority of licensee—
Penalty. (Effective July 1, 2004.)
Itinerant vendor's or peddler's registration—Fee—Penalties.
(Effective July 1, 2004.)
Prescription records—Penalty. (Effective July 1, 2004.)
Prescriptions—Labels—Cover or cap to meet safety standards—Penalty. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Responsibility for drug purity—Adulteration—Penalty.
(Effective July 1, 2004.)
18.64.045
18.64.045 Manufacturer's license—Fees—Display—
Declaration of ownership and location—Penalties.
(Effective July 1, 2004.) (1) The owner of each and every
place of business which manufactures drugs shall pay a
license fee to be determined by the secretary, and thereafter,
on or before a date to be determined by the secretary, a fee to
be determined by the secretary as provided in RCW
43.70.250 and 43.70.280, for which the owner shall receive a
license of location from the department, which shall entitle
the owner to manufacture drugs at the location specified for
the period ending on a date to be determined by the secretary,
and each such owner shall at the time of payment of such fee
file with the department, on a blank therefor provided, a declaration of ownership and location, which declaration of ownership and location so filed as aforesaid shall be deemed presumptive evidence of the ownership of such place of business
mentioned therein. It shall be the duty of the owner to notify
immediately the department of any change of location or
ownership and to keep the license of location or the renewal
thereof properly exhibited in such place of business.
(2) Failure to conform with this section is a misdemeanor, and each day that the failure continues is a separate
offense.
(3) In event the license fee remains unpaid on the date
due, no renewal or new license shall be issued except upon
compliance with administrative procedures, administrative
requirements, and fees determined as provided in RCW
43.70.250 and 43.70.280. [2003 c 53 § 132; 1996 c 191 § 44;
1991 c 229 § 4; 1989 1st ex.s. c 9 § 416; 1984 c 153 § 6; 1979
c 90 § 9; 1971 ex.s. c 201 § 3; 1963 c 38 § 4; 1949 c 153 § 5;
Rem. Supp. 1949 § 10154-4. Formerly RCW 18.67.140.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
[2003 RCW Supp—page 191]
18.64.046
Title 18 RCW: Businesses and Professions
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1971 ex.s. c 201: See note following RCW 18.64.040.
18.64.046
18.64.046 Wholesaler's license—Required—Authority of licensee—Penalty. (Effective July 1, 2004.) (1) The
owner of each place of business which sells legend drugs and
nonprescription drugs, or nonprescription drugs at wholesale
shall pay a license fee to be determined by the secretary, and
thereafter, on or before a date to be determined by the secretary as provided in RCW 43.70.250 and 43.70.280, a like fee
to be determined by the secretary, for which the owner shall
receive a license of location from the department, which shall
entitle such owner to either sell legend drugs and nonprescription drugs or nonprescription drugs at wholesale at the
location specified for the period ending on a date to be determined by the secretary, and each such owner shall at the time
of payment of such fee file with the department, on a blank
therefor provided, a declaration of ownership and location,
which declaration of ownership and location so filed as aforesaid shall be deemed presumptive evidence of the ownership
of such place of business mentioned therein. It shall be the
duty of the owner to notify immediately the department of
any change of location and ownership and to keep the license
of location or the renewal thereof properly exhibited in such
place of business.
(2) Failure to conform with this section is a misdemeanor, and each day that the failure continues is a separate
offense.
(3) In event the license fee remains unpaid on the date
due, no renewal or new license shall be issued except upon
compliance with administrative procedures, administrative
requirements, and fees determined as provided in RCW
43.70.250 and 43.70.280. [2003 c 53 § 133; 1996 c 191 § 45;
1991 c 229 § 5; 1989 1st ex.s. c 9 § 417; 1984 c 153 § 7; 1979
c 90 § 18.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
18.64.047
18.64.047 Itinerant vendor's or peddler's registration—Fee—Penalties. (Effective July 1, 2004.) (1) Any
itinerant vendor or any peddler of any nonprescription drug
or preparation for the treatment of disease or injury, shall pay
a registration fee determined by the secretary on a date to be
determined by the secretary as provided in RCW 43.70.250
and 43.70.280. The department may issue a registration to
such vendor on an approved application made to the department.
(2) Any itinerant vendor or peddler who shall vend or
sell, or offer to sell to the public any such nonprescription
drug or preparation without having registered to do so as provided in this section, is guilty of a misdemeanor and each sale
or offer to sell shall constitute a separate offense.
(3) In event the registration fee remains unpaid on the
date due, no renewal or new registration shall be issued
except upon compliance with administrative procedures,
administrative requirements, and fees determined as provided
in RCW 43.70.250 and 43.70.280. This registration shall not
authorize the sale of legend drugs or controlled substances.
[2003 RCW Supp—page 192]
[2003 c 53 § 134; 1996 c 191 § 46; 1991 c 229 § 6; 1989 1st
ex.s. c 9 § 418; 1984 c 153 § 8; 1979 c 90 § 10; 1971 ex.s. c
201 § 4; 1963 c 38 § 5; 1949 c 153 § 3; 1935 c 98 § 7; 1899 c
121 § 16; Rem. Supp. 1949 § 10141. Formerly RCW
18.60.010 through 18.60.030.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1971 ex.s. c 201: See note following RCW 18.64.040.
18.64.245
18.64.245 Prescription records—Penalty. (Effective
July 1, 2004.) (1) Every proprietor or manager of a pharmacy shall keep readily available a suitable record of prescriptions which shall preserve for a period of not less than
two years the record of every prescription dispensed at such
pharmacy which shall be numbered, dated, and filed, and
shall produce the same in court or before any grand jury
whenever lawfully required to do so. The record shall be
maintained either separately from all other records of the
pharmacy or in such form that the information required is
readily retrievable from ordinary business records of the
pharmacy. All record-keeping requirements for controlled
substances must be complied with. Such record of prescriptions shall be for confidential use in the pharmacy, only. The
record of prescriptions shall be open for inspection by the
board of pharmacy or any officer of the law, who is authorized to enforce chapter 18.64, 69.41, or 69.50 RCW.
(2) A person violating this section is guilty of a misdemeanor. [2003 c 53 § 135. Prior: 1989 1st ex.s. c 9 § 402;
1989 c 352 § 2; 1979 c 90 § 15; 1939 c 28 § 1; RRS § 61541. Formerly RCW 18.67.090.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
18.64.246
18.64.246 Prescriptions—Labels—Cover or cap to
meet safety standards—Penalty. (Effective July 1, 2004.)
(1) To every box, bottle, jar, tube or other container of a prescription which is dispensed there shall be fixed a label bearing the name and address of the dispensing pharmacy, the
prescription number, the name of the prescriber, the prescriber's directions, the name and strength of the medication,
the name of the patient, the date, and the expiration date. The
security of the cover or cap on every bottle or jar shall meet
safety standards adopted by the state board of pharmacy. At
the prescriber's request, the name and strength of the medication need not be shown. If the prescription is for a combination medication product, the generic names of the medications combined or the trade name used by the manufacturer or
distributor for the product shall be noted on the label. The
identification of the licensed pharmacist responsible for each
dispensing of medication must either be recorded in the pharmacy's record system or on the prescription label. This section shall not apply to the dispensing of medications to inpatients in hospitals.
(2) A person violating this section is guilty of a misdemeanor. [2003 c 53 § 136; 2002 c 96 § 1; 1984 c 153 § 13;
1971 ex.s. c 99 § 1; 1939 c 28 § 2; RRS § 6154-2. Formerly
RCW 18.67.080.]
Physicians
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
18.64.247
18.64.247 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
18.64.270
18.64.270 Responsibility for drug purity—Adulteration—Penalty. (Effective July 1, 2004.) (1) Every proprietor of a wholesale or retail drug store shall be held responsible for the quality of all drugs, chemicals or medicines sold or
dispensed by him or her except those sold in original packages of the manufacturer and except those articles or preparations known as patent or proprietary medicines.
(2) Any person who shall knowingly, willfully or fraudulently falsify or adulterate any drug or medicinal substance
or preparation authorized or recognized by an official compendium or used or intended to be used in medical practice,
or shall willfully, knowingly or fraudulently offer for sale,
sell or cause the same to be sold for medicinal purposes, is
guilty of a misdemeanor, and upon conviction thereof shall
be punished by a fine in any sum not less than seventy-five
nor more than one hundred and fifty dollars or by imprisonment in the county jail for a period of not less than one month
nor more than three months, and any person convicted a third
time for violation of this section may suffer both fine and
imprisonment. In any case he or she shall forfeit to the state
of Washington all drugs or preparations so falsified or adulterated. [2003 c 53 § 137; 1963 c 38 § 13; 1899 c 121 § 14;
RRS § 10139. Prior: 1891 c 153 § 15. Formerly RCW
18.67.100 and 18.67.120.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 18.71
Chapter 18.71 RCW
PHYSICIANS
Sections
18.71.040
18.71.190
Application—Fee.
False personation. (Effective July 1, 2004.)
18.71.040
18.71.040 Application—Fee. Every applicant for a
license to practice medicine and surgery shall pay a fee determined by the secretary as provided in RCW 43.70.250.
[2003 c 275 § 1; 1991 c 3 § 160; 1985 c 322 § 1. Prior: 1975
1st ex.s. c 171 § 6; 1975 1st ex.s. c 30 § 61; 1955 c 202 § 35;
prior: 1941 c 166 § 1, part; 1913 c 82 § 1, part; 1909 c 192 §
7, part; Rem. Supp. 1941 § 10010-1, part.]
18.71.190
18.71.190 False personation. (Effective July 1, 2004.)
Every person filing for record, or attempting to file for
record, the certificate issued to another, falsely claiming himself or herself to be the person named in such certificate, or
falsely claiming himself or herself to be the person entitled to
the same, is guilty of forgery under RCW 9A.60.020. [2003
c 53 § 138; 1909 c 192 § 16; RRS § 10019.]
18.79.240
Chapter 18.79
Chapter 18.79 RCW
NURSING CARE
Sections
18.79.040
18.79.240
18.79.260
18.79.330
18.79.340
18.79.350
18.79.360
18.79.370
"Registered nursing practice" defined—Exceptions.
Construction.
Registered nurse—Activities allowed—Delegation of tasks.
Finding.
Nursing technicians.
Nursing technicians—Nursing functions.
Applications for registration as a nursing technician—Fee.
Nursing technicians—Registration renewal.
18.79.040
18.79.040 "Registered nursing practice" defined—
Exceptions. (1) "Registered nursing practice" means the performance of acts requiring substantial specialized knowledge, judgment, and skill based on the principles of the biological, physiological, behavioral, and sociological sciences
in either:
(a) The observation, assessment, diagnosis, care or counsel, and health teaching of individuals with illnesses, injuries,
or disabilities, or in the maintenance of health or prevention
of illness of others;
(b) The performance of such additional acts requiring
education and training and that are recognized by the medical
and nursing professions as proper and recognized by the
commission to be performed by registered nurses licensed
under this chapter and that are authorized by the commission
through its rules;
(c) The administration, supervision, delegation, and
evaluation of nursing practice. However, nothing in this subsection affects the authority of a hospital, hospital district, inhome service agency, community-based care setting, medical
clinic, or office, concerning its administration and supervision;
(d) The teaching of nursing;
(e) The executing of medical regimen as prescribed by a
licensed physician and surgeon, dentist, osteopathic physician and surgeon, podiatric physician and surgeon, physician
assistant, osteopathic physician assistant, or advanced registered nurse practitioner.
(2) Nothing in this section prohibits a person from practicing a profession for which a license has been issued under
the laws of this state or specifically authorized by any other
law of the state of Washington.
(3) This section does not prohibit (a) the nursing care of
the sick, without compensation, by an unlicensed person who
does not hold himself or herself out to be a registered nurse,
(b) the practice of licensed practical nursing by a licensed
practical nurse, or (c) the practice of a nursing assistant, providing delegated nursing tasks under chapter 18.88A RCW.
[2003 c 140 § 1; 1995 1st sp.s. c 18 § 50; 1994 sp.s. c 9 §
404.]
Effective date—2003 c 140: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 7, 2003]." [2003 c 140 § 13.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
18.79.240
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
False personation: RCW 9A.60.040.
18.79.240 Construction. (1) In the context of the definition of registered nursing practice and advanced registered
nursing practice, this chapter shall not be construed as:
[2003 RCW Supp—page 193]
18.79.240
Title 18 RCW: Businesses and Professions
(a) Prohibiting the incidental care of the sick by domestic
servants or persons primarily employed as housekeepers, so
long as they do not practice registered nursing within the
meaning of this chapter;
(b) Preventing a person from the domestic administration of family remedies or the furnishing of nursing assistance in case of emergency;
(c) Prohibiting the practice of nursing by students
enrolled in approved schools as may be incidental to their
course of study or prohibiting the students from working as
nursing technicians;
(d) Prohibiting auxiliary services provided by persons
carrying out duties necessary for the support of nursing services, including those duties that involve minor nursing services for persons performed in hospitals, nursing homes, or
elsewhere under the direction of licensed physicians or the
supervision of licensed registered nurses;
(e) Prohibiting the practice of nursing in this state by a
legally qualified nurse of another state or territory whose
engagement requires him or her to accompany and care for a
patient temporarily residing in this state during the period of
one such engagement, not to exceed six months in length, if
the person does not represent or hold himself or herself out as
a registered nurse licensed to practice in this state;
(f) Prohibiting nursing or care of the sick, with or without compensation, when done in connection with the practice
of the religious tenets of a church by adherents of the church
so long as they do not engage in the practice of nursing as
defined in this chapter;
(g) Prohibiting the practice of a legally qualified nurse of
another state who is employed by the United States government or a bureau, division, or agency thereof, while in the
discharge of his or her official duties;
(h) Permitting the measurement of the powers or range
of human vision, or the determination of the accommodation
and refractive state of the human eye or the scope of its functions in general, or the fitting or adaptation of lenses for the
aid thereof;
(i) Permitting the prescribing or directing the use of, or
using, an optical device in connection with ocular exercises,
visual training, vision training, or orthoptics;
(j) Permitting the prescribing of contact lenses for, or the
fitting and adaptation of contact lenses to, the human eye;
(k) Prohibiting the performance of routine visual screening;
(l) Permitting the practice of dentistry or dental hygiene
as defined in chapters 18.32 and 18.29 RCW, respectively;
(m) Permitting the practice of chiropractic as defined in
chapter 18.25 RCW including the adjustment or manipulation of the articulation of the spine;
(n) Permitting the practice of podiatric medicine and surgery as defined in chapter 18.22 RCW;
(o) Permitting the performance of major surgery, except
such minor surgery as the commission may have specifically
authorized by rule adopted in accordance with chapter 34.05
RCW;
(p) Permitting the prescribing of controlled substances as
defined in Schedules I through IV of the Uniform Controlled
Substances Act, chapter 69.50 RCW, except as provided in
(r) or (s) of this subsection;
[2003 RCW Supp—page 194]
(q) Prohibiting the determination and pronouncement of
death;
(r) Prohibiting advanced registered nurse practitioners,
approved by the commission as certified registered nurse
anesthetists from selecting, ordering, or administering controlled substances as defined in Schedules II through IV of
the Uniform Controlled Substances Act, chapter 69.50 RCW,
consistent with their commission-recognized scope of practice; subject to facility-specific protocols, and subject to a
request for certified registered nurse anesthetist anesthesia
services issued by a physician licensed under chapter 18.71
RCW, an osteopathic physician and surgeon licensed under
chapter 18.57 RCW, a dentist licensed under chapter 18.32
RCW, or a podiatric physician and surgeon licensed under
chapter 18.22 RCW; the authority to select, order, or administer Schedule II through IV controlled substances being limited to those drugs that are to be directly administered to
patients who require anesthesia for diagnostic, operative,
obstetrical, or therapeutic procedures in a hospital, clinic,
ambulatory surgical facility, or the office of a practitioner
licensed under chapter 18.71, 18.22, 18.36, 18.36A, 18.57,
18.57A, or 18.32 RCW; "select" meaning the decision-making process of choosing a drug, dosage, route, and time of
administration; and "order" meaning the process of directing
licensed individuals pursuant to their statutory authority to
directly administer a drug or to dispense, deliver, or distribute
a drug for the purpose of direct administration to a patient,
under instructions of the certified registered nurse anesthetist.
"Protocol" means a statement regarding practice and documentation concerning such items as categories of patients,
categories of medications, or categories of procedures rather
than detailed case-specific formulas for the practice of nurse
anesthesia;
(s) Prohibiting advanced registered nurse practitioners
from ordering or prescribing controlled substances as defined
in Schedules II through IV of the Uniform Controlled Substances Act, chapter 69.50 RCW, if and to the extent: (i)
Doing so is permitted by their scope of practice; (ii) it is in
response to a combined request from one or more physicians
licensed under chapter 18.71 or 18.57 RCW and an advanced
registered nurse practitioner licensed under this chapter, proposing a joint practice arrangement under which such prescriptive authority will be exercised with appropriate collaboration between the practitioners; and (iii) it is consistent
with rules adopted under this subsection. The medical quality assurance commission, the board of osteopathic medicine
and surgery, and the commission are directed to jointly adopt
by consensus by rule a process and criteria that implements
the joint practice arrangements authorized under this subsection. This subsection (1)(s) does not apply to certified registered nurse anesthetists.
(2) In the context of the definition of licensed practical
nursing practice, this chapter shall not be construed as:
(a) Prohibiting the incidental care of the sick by domestic
servants or persons primarily employed as housekeepers, so
long as they do not practice practical nursing within the
meaning of this chapter;
(b) Preventing a person from the domestic administration of family remedies or the furnishing of nursing assistance in case of emergency;
Nursing Care
(c) Prohibiting the practice of practical nursing by students enrolled in approved schools as may be incidental to
their course of study or prohibiting the students from working
as nursing assistants;
(d) Prohibiting auxiliary services provided by persons
carrying out duties necessary for the support of nursing services, including those duties that involve minor nursing services for persons performed in hospitals, nursing homes, or
elsewhere under the direction of licensed physicians or the
supervision of licensed registered nurses;
(e) Prohibiting or preventing the practice of nursing in
this state by a legally qualified nurse of another state or territory whose engagement requires him or her to accompany
and care for a patient temporarily residing in this state during
the period of one such engagement, not to exceed six months
in length, if the person does not represent or hold himself or
herself out as a licensed practical nurse licensed to practice in
this state;
(f) Prohibiting nursing or care of the sick, with or without compensation, when done in connection with the practice
of the religious tenets of a church by adherents of the church
so long as they do not engage in licensed practical nurse practice as defined in this chapter;
(g) Prohibiting the practice of a legally qualified nurse of
another state who is employed by the United States government or any bureau, division, or agency thereof, while in the
discharge of his or her official duties. [2003 c 258 § 6; 2000
c 64 § 3; 1994 sp.s. c 9 § 424.]
Severability—Effective date—2003 c 258: See notes following RCW
18.79.330.
Effective date—2000 c 64 §§ 1-3: See note following RCW 18.79.255.
Severability—2000 c 64: See note following RCW 18.79.255.
18.79.260
18.79.260 Registered nurse—Activities allowed—
Delegation of tasks. (1) A registered nurse under his or her
license may perform for compensation nursing care, as that
term is usually understood, to individuals with illnesses, injuries, or disabilities.
(2) A registered nurse may, at or under the general direction of a licensed physician and surgeon, dentist, osteopathic
physician and surgeon, naturopathic physician, podiatric
physician and surgeon, physician assistant, osteopathic physician assistant, or advanced registered nurse practitioner acting within the scope of his or her license, administer medications, treatments, tests, and inoculations, whether or not the
severing or penetrating of tissues is involved and whether or
not a degree of independent judgment and skill is required.
Such direction must be for acts which are within the scope of
registered nursing practice.
(3) A registered nurse may delegate tasks of nursing care
to other individuals where the registered nurse determines
that it is in the best interest of the patient.
(a) The delegating nurse shall:
(i) Determine the competency of the individual to perform the tasks;
(ii) Evaluate the appropriateness of the delegation;
(iii) Supervise the actions of the person performing the
delegated task; and
(iv) Delegate only those tasks that are within the registered nurse's scope of practice.
18.79.260
(b) A registered nurse, working for a home health or hospice agency regulated under chapter 70.127 RCW, may delegate the application, instillation, or insertion of medications
to a registered or certified nursing assistant under a plan of
care.
(c) Except as authorized in (b) or (e) of this subsection, a
registered nurse may not delegate the administration of medications. Except as authorized in (e) of this subsection, a registered nurse may not delegate acts requiring substantial skill,
and may not delegate piercing or severing of tissues. Acts
that require nursing judgment shall not be delegated.
(d) No person may coerce a nurse into compromising
patient safety by requiring the nurse to delegate if the nurse
determines that it is inappropriate to do so. Nurses shall not
be subject to any employer reprisal or disciplinary action by
the nursing care quality assurance commission for refusing to
delegate tasks or refusing to provide the required training for
delegation if the nurse determines delegation may compromise patient safety.
(e) For delegation in community-based care settings or
in-home care settings, a registered nurse may delegate nursing care tasks only to registered or certified nursing assistants. Simple care tasks such as blood pressure monitoring,
personal care service, or other tasks as defined by the nursing
care quality assurance commission are exempted from this
requirement.
(i) "Community-based care settings" includes: Community residential programs for the developmentally disabled,
certified by the department of social and health services
under chapter 71A.12 RCW; adult family homes licensed
under chapter 70.128 RCW; and boarding homes licensed
under chapter 18.20 RCW. Community-based care settings
do not include acute care or skilled nursing facilities.
(ii) "In-home care settings" include an individual's place
of temporary or permanent residence, but does not include
acute care or skilled nursing facilities, and does not include
community-based care settings as defined in (e)(i) of this
subsection.
(iii) Delegation of nursing care tasks in communitybased care settings and in-home care settings is only allowed
for individuals who have a stable and predictable condition.
"Stable and predictable condition" means a situation in which
the individual's clinical and behavioral status is known and
does not require the frequent presence and evaluation of a
registered nurse.
(iv) The determination of the appropriateness of delegation of a nursing task is at the discretion of the registered
nurse. However, the administration of medications by injection, sterile procedures, and central line maintenance may
never be delegated.
(v) The registered nurse shall verify that the nursing
assistant has completed the required core nurse delegation
training required in chapter 18.88A RCW prior to authorizing
delegation.
(vi) The nurse is accountable for his or her own individual actions in the delegation process. Nurses acting within
the protocols of their delegation authority are immune from
liability for any action performed in the course of their delegation duties.
(vii) Nursing task delegation protocols are not intended
to regulate the settings in which delegation may occur, but
[2003 RCW Supp—page 195]
18.79.330
Title 18 RCW: Businesses and Professions
are intended to ensure that nursing care services have a consistent standard of practice upon which the public and the
profession may rely, and to safeguard the authority of the
nurse to make independent professional decisions regarding
the delegation of a task.
(f) The nursing care quality assurance commission may
adopt rules to implement this section.
(4) Only a person licensed as a registered nurse may
instruct nurses in technical subjects pertaining to nursing.
(5) Only a person licensed as a registered nurse may hold
herself or himself out to the public or designate herself or
himself as a registered nurse. [2003 c 140 § 2; 2000 c 95 § 3;
1995 1st sp.s. c 18 § 51; 1995 c 295 § 1; 1994 sp.s. c 9 § 426.]
Effective date—2003 c 140: See note following RCW 18.79.040.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective date—1995 c 295: "This act shall take effect August 1,
1996." [1995 c 295 § 4.]
18.79.330
18.79.330 Finding. The legislature finds a need to provide additional work-related opportunities for nursing students. Nursing students enrolled in bachelor of science programs or associate degree programs, working within the limits of their education, gain valuable judgment and knowledge
through expanded work opportunities. [2003 c 258 § 1.]
Severability—2003 c 258: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2003 c 258 § 11.]
Effective date—2003 c 258: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 12, 2003]." [2003 c 258 § 12.]
18.79.340
18.79.340 Nursing technicians. (1) "Nursing technician" means a nursing student employed in a hospital
licensed under chapter 70.41 RCW or a nursing home
licensed under chapter 18.51 RCW, who:
(a) Is currently enrolled in good standing in a nursing
program approved by the commission and has not graduated;
or
(b) Is a graduate of a nursing program approved by the
commission who graduated:
(i) Within the past thirty days; or
(ii) Within the past sixty days and has received a determination from the secretary that there is good cause to continue the registration period, as defined by the secretary in
rule.
(2) No person may practice or represent oneself as a
nursing technician by use of any title or description of services without being registered under this chapter, unless otherwise exempted by this chapter.
(3) The commission may adopt rules to implement chapter 258, Laws of 2003. [2003 c 258 § 2.]
Severability—Effective date—2003 c 258: See notes following RCW
18.79.330.
18.79.350
18.79.350 Nursing technicians—Nursing functions.
(1) Nursing technicians are authorized to perform specific
nursing functions within the limits of their education, up to
their skill and knowledge, but they may not:
[2003 RCW Supp—page 196]
(a) Administer chemotherapy, blood or blood products,
intravenous medications, or scheduled drugs, or carry out
procedures on central lines;
(b) Assume ongoing responsibility for assessments,
planning, implementation, or evaluation of the care of
patients;
(c) Function independently, act as a supervisor, or delegate tasks to licensed practical nurses, nursing assistants, or
unlicensed personnel; or
(d) Perform or attempt to perform nursing techniques or
procedures for which the nursing technician lacks the appropriate knowledge, experience, and education.
(2) Nursing technicians may function only under the
direct supervision of a registered nurse who agrees to act as
supervisor and is immediately available to the nursing technician. The supervising registered nurse must have an unrestricted license with at least two years of clinical practice in
the setting where the nursing technician works.
(3) Nursing technicians may only perform specific nursing functions based upon and limited to their education and
when they have demonstrated the ability and been verified to
safely perform these functions by the nursing program in
which the nurse technician is enrolled. The nursing program
providing verification is immune from liability for any nursing function performed or not performed by the nursing technician.
(4) Nursing technicians are responsible and accountable
for their specific nursing functions. [2003 c 258 § 3.]
Severability—Effective date—2003 c 258: See notes following RCW
18.79.330.
18.79.360
18.79.360 Applications for registration as a nursing
technician—Fee. (1) Applications for registration must be
submitted on forms provided by the secretary. The secretary
may require any information and documentation that reasonably relates to the need to determine whether the applicant
meets the criteria for registration provided for in chapter
18.130 RCW. Each applicant shall pay a fee determined by
the secretary under RCW 43.70.250. The fee must accompany the application.
(2) An applicant for registration as a nursing technician
shall submit:
(a) A signed statement from the applicant's nursing program verifying enrollment in, or graduation from, the nursing
program; and
(b) A signed statement from the applicant's employer
certifying that the employer understands the role of the nursing technician and agrees to meet the requirements of subsection (4) of this section.
(3) The secretary shall issue a registration to an applicant
who has met the requirements for registration or deny a registration to an applicant who does not meet the requirements,
except that proceedings concerning the denial of registration
based on unprofessional conduct or impairment are governed
by the uniform disciplinary act, chapter 18.130 RCW.
(4) The employer:
(a) Shall not require the nursing technician to work
beyond his or her education and training;
(b) Shall verify that the nursing technician continues to
qualify as a nursing technician as described in RCW
18.79.340;
Real Estate Brokers and Salespersons
(c) Shall advise the department and nursing program of
any practice-related action taken against the nursing technician;
(d) Shall maintain documentation of the specific nursing
functions the nursing technician is authorized to perform; and
(e) Shall provide training regarding the provisions of
chapter 258, Laws of 2003, including procedures for filing a
complaint with the department of health or the department of
social and health services concerning violations of chapter
258, Laws of 2003, to all nursing technicians and registered
nurses who shall supervise nursing technicians and document
the training and make it available for any inspection or survey. [2003 c 258 § 4.]
Severability—Effective date—2003 c 258: See notes following RCW
18.79.330.
18.79.370
18.79.370 Nursing technicians—Registration
renewal. The secretary shall establish by rule the procedural
requirements and fees for renewal of the registration. Failure
to renew invalidates the registration and all privileges granted
by the registration. For renewal of registration, a nursing
technician must attest that he or she continues to qualify as a
nursing technician as described in RCW 18.79.340. [2003 c
258 § 5.]
Severability—Effective date—2003 c 258: See notes following RCW
18.79.330.
Chapter 18.85 RCW
REAL ESTATE BROKERS AND SALESPERSONS
Chapter 18.85
Sections
18.85.010
18.85.560
18.85.010
Definitions.
Out-of-state broker/salesperson/associate broker—Requirements in lieu of licensing.
18.85.010 Definitions. In this chapter words and
phrases have the following meanings unless otherwise apparent from the context:
(1) "Real estate broker," or "broker," means a person,
while acting for another for commissions or other compensation or the promise thereof, or a licensee under this chapter
while acting in his or her own behalf, who:
(a) Sells or offers for sale, lists or offers to list, buys or
offers to buy real estate or business opportunities, or any
interest therein, for others;
(b) Negotiates or offers to negotiate, either directly or
indirectly, the purchase, sale, exchange, lease, or rental of
real estate or business opportunities, or any interest therein,
for others;
(c) Negotiates or offers to negotiate, either directly or
indirectly, the purchase, sale, lease, or exchange of a manufactured or mobile home in conjunction with the purchase,
sale, exchange, rental, or lease of the land upon which the
manufactured or mobile home is, or will be, located;
(d) Advertises or holds himself or herself out to the public by any oral or printed solicitation or representation that he
or she is so engaged; or
(e) Engages, directs, or assists in procuring prospects or
in negotiating or closing any transaction which results or is
calculated to result in any of these acts;
(2) "Real estate salesperson" or "salesperson" means any
natural person employed, either directly or indirectly, by a
18.85.560
real estate broker, or any person who represents a real estate
broker in the performance of any of the acts specified in subsection (1) of this section;
(3) An "associate real estate broker" is a person who has
qualified as a "real estate broker" who works with a broker
and whose license states that he or she is associated with a
broker;
(4) The word "person" as used in this chapter shall be
construed to mean and include a corporation, limited liability
company, limited liability partnership, or partnership, except
where otherwise restricted;
(5) "Business opportunity" shall mean and include business, business opportunity and good will of an existing business or any one or combination thereof;
(6) "Commission" means the real estate commission of
the state of Washington;
(7) "Director" means the director of licensing;
(8) "Real estate multiple listing association" means any
association of real estate brokers:
(a) Whose members circulate listings of the members
among themselves so that the properties described in the listings may be sold by any member for an agreed portion of the
commission to be paid; and
(b) Which require in a real estate listing agreement
between the seller and the broker, that the members of the
real estate multiple listing association shall have the same
rights as if each had executed a separate agreement with the
seller;
(9) "Clock hours of instruction" means actual hours
spent in classroom instruction in any tax supported, public
technical college, community college, or any other institution
of higher learning or a correspondence course from any of the
aforementioned institutions certified by such institution as
the equivalent of the required number of clock hours, and the
real estate commission may certify courses of instruction
other than in the aforementioned institutions;
(10) "Incapacitated" means the physical or mental inability to perform the duties of broker prescribed by this chapter;
and
(11) "Commercial real estate" means any parcel of real
estate in this state other than real estate containing one to four
residential units. "Commercial real estate" does not include a
single-family residential lot or single-family residential units
such as condominiums, townhouses, manufactured homes, or
homes in a subdivision when sold, leased, or otherwise conveyed on a unit-by-unit basis, even when those units are part
of a larger building or parcel of real estate, unless the property is sold or leased for a commercial purpose. [2003 c 201
§ 1; 1998 c 46 § 2; 1997 c 322 § 1; 1987 c 332 § 1; 1981 c 305
§ 1; 1979 c 158 § 68; 1977 ex.s. c 370 § 1; 1973 1st ex.s. c 57
§ 1; 1972 ex.s. c 139 § 1; 1969 c 78 § 1; 1953 c 235 § 1; 1951
c 222 § 1; 1943 c 118 § 1; 1941 c 252 § 2; Rem. Supp. 1943
§ 8340-25. Prior: 1925 ex.s. c 129 § 4.]
18.85.560
18.85.560 Out-of-state broker/salesperson/associate
broker—Requirements in lieu of licensing. (1) An out-ofstate broker, for a fee, commission, or other valuable consideration, or in the expectation, or upon the promise of receiving or collecting a fee, commission, or other valuable consideration, may perform those acts that require a license under
[2003 RCW Supp—page 197]
Chapter 18.88A
Title 18 RCW: Businesses and Professions
this chapter, with respect to commercial real estate, provided
that the out-of-state broker does all of the following:
(a) Works in cooperation with a Washington real estate
broker who holds a valid, active license issued under this
chapter;
(b) Enters into a written agreement with the Washington
broker that includes the terms of cooperation, oversight by
the Washington broker, compensation, and a statement that
the out-of-state broker and its agents will agree to adhere to
the laws of Washington;
(c) Furnishes the Washington broker with a copy of the
out-of-state broker's current license in good standing from
any jurisdiction where the out-of-state broker maintains an
active real estate license;
(d) Consents to jurisdiction that legal actions arising out
of the conduct of the out-of-state broker or its agents may be
commenced against the out-of-state broker in the court of
proper jurisdiction of any county in Washington where the
cause of action arises or where the plaintiff resides;
(e) Includes the name of the Washington broker on all
advertising in accordance with RCW 18.85.230(8); and
(f) Deposits all documentation required by this section
and records and documents related to the transaction with the
Washington broker, for a period of three years after the date
the documentation is provided, or the transaction occurred, as
appropriate.
(2) An out-of-state salesperson or associate broker may
perform those acts that require a real estate salesperson or
associate broker license under this chapter with respect to
commercial real estate, provided that the out-of-state salesperson or associate broker meets all of the following requirements:
(a) Is licensed with and works under the direct supervision of an out-of-state broker who meets all of the requirements under subsection (1) of this section; and
(b) Provides the Washington broker who is working in
cooperation with the out-of-state broker with whom the salesperson or associate broker is associated with a copy of the
salesperson's or associate broker's current license in good
standing from the jurisdiction where the out-of-state salesperson or associate broker maintains an active real estate license
in connection with the out-of-state broker.
(3) A person licensed in a jurisdiction where there is no
legal distinction between a real estate broker license and a
real estate salesperson license must meet the requirements of
subsection (1) of this section before engaging in any activity
described in this section that requires a real estate broker
license in this state. [2003 c 201 § 2.]
Chapter 18.88A
Chapter 18.88A RCW
NURSING ASSISTANTS
Sections
18.88A.140
18.88A.200
18.88A.210
18.88A.230
Exemptions.
Delegation of nursing care tasks—Legislative finding.
Delegation—Generally.
Delegation—Liability—Reprisal or disciplinary action.
(1) The practice by an individual licensed, certified, or
registered under the laws of this state and performing services within their authorized scope of practice;
(2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States;
(3) The practice by a person who is a regular student in
an educational program approved by the secretary, and whose
performance of services is pursuant to a regular course of
instruction or assignments from an instructor and under the
general supervision of the instructor;
(4) A nursing assistant, while employed as a personal
aide as defined in RCW 74.39.007, from accepting direction
from an individual who is self-directing their care. [2003 c
140 § 3; 2000 c 171 § 25; 1991 c 16 § 5.]
Effective date—2003 c 140: See note following RCW 18.79.040.
18.88A.200
18.88A.200 Delegation of nursing care tasks—Legislative finding. The legislature recognizes that nurses have
been successfully delegating nursing care tasks to family
members and auxiliary staff for many years. The opportunity
for a nurse to delegate to nursing assistants qualifying under
RCW 18.88A.210 may enhance the viability and quality of
health care services in community-based care settings and inhome care settings to allow individuals to live as independently as possible with maximum safeguards. [2003 c 140 §
4; 1995 1st sp.s. c 18 § 45.]
Effective date—2003 c 140: See note following RCW 18.79.040.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
18.88A.210
18.88A.210 Delegation—Generally. (1) A nursing
assistant meeting the requirements of this section who provides care to individuals in community-based care settings or
in-home care settings, as defined in RCW 18.79.260(3), may
accept delegation of nursing care tasks by a registered nurse
as provided in RCW 18.79.260(3).
(2) For the purposes of this section, "nursing assistant"
means a nursing assistant-registered or a nursing assistantcertified. Nothing in this section may be construed to affect
the authority of nurses to delegate nursing tasks to other persons, including licensed practical nurses, as authorized by
law.
(3) Before commencing any specific nursing care tasks
authorized under this chapter, the nursing assistant must (a)
provide to the delegating nurse a certificate of completion
issued by the department of social and health services indicating the completion of basic core nurse delegation training,
(b) be regulated by the department of health pursuant to this
chapter, subject to the uniform disciplinary act under chapter
18.130 RCW, and (c) meet any additional training requirements identified by the nursing care quality assurance commission. Exceptions to these training requirements must
adhere to RCW 18.79.260(3)(e)(v). [2003 c 140 § 5; 2000 c
95 § 1; 1998 c 272 § 10; 1995 1st sp.s. c 18 § 46.]
Effective date—2003 c 140: See note following RCW 18.79.040.
Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230.
18.88A.140
18.88A.140 Exemptions. Nothing in this chapter may
be construed to prohibit or restrict:
[2003 RCW Supp—page 198]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Veterinary Medicine, Surgery, and Dentistry
18.106.070
18.88A.230
18.88A.230 Delegation—Liability—Reprisal or disciplinary action. (1) The nursing assistant shall be accountable for their own individual actions in the delegation process. Nursing assistants following written delegation instructions from registered nurses performed in the course of their
accurately written, delegated duties shall be immune from
liability.
(2) Nursing assistants shall not be subject to any
employer reprisal or disciplinary action by the secretary for
refusing to accept delegation of a nursing task based on
patient safety issues. No community-based care setting as
defined in RCW 18.79.260(3)(e), or in-home services agency
as defined in RCW 70.127.010, may discriminate or retaliate
in any manner against a person because the person made a
complaint or cooperated in the investigation of a complaint.
[2003 c 140 § 6; 2000 c 95 § 2; 1998 c 272 § 11; 1997 c 275
§ 6; 1995 1st sp.s. c 18 § 48.]
Effective date—2003 c 140: See note following RCW 18.79.040.
Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Chapter 18.92
Chapter 18.92 RCW
VETERINARY MEDICINE, SURGERY,
AND DENTISTRY
Sections
18.92.230
Use of another's license or diploma a felony. (Effective July 1,
2004.)
18.92.230
18.92.230 Use of another's license or diploma a felony. (Effective July 1, 2004.) Any person filing or attempting to file, as his or her own, the diploma or license of another
is guilty of forgery under RCW 9A.60.020. [2003 c 53 § 139;
1941 c 71 § 23; Rem. Supp. 1941 § 10040-23.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Forgery: RCW 9A.60.020.
Chapter 18.106
Chapter 18.106 RCW
PLUMBERS
Sections
18.106.010
18.106.070
18.106.150
18.106.010
Definitions.
Certificates of competency, installer endorsement—Issuance—Renewal—Rights of holder—Training certificates—
Supervision—Training, certified plumber.
Exemptions.
18.106.010 Definitions. Unless a different meaning is
plainly required by the context, the following words and
phrases as hereinafter used in this chapter shall have the following meaning:
(1) "Advisory board" means the state advisory board of
plumbers;
(2) "Contractor" means any person, corporate or otherwise, who engages in, or offers or advertises to engage in, any
work covered by the provisions of this chapter by way of
trade or business, or any person, corporate or otherwise, who
employs anyone, or offers or advertises to employ anyone, to
engage in any work covered by the provisions of this chapter;
(3) "Department" means the department of labor and
industries;
(4) "Director" means the director of department of labor
and industries;
(5) "Journeyman plumber" means any person who has
been issued a certificate of competency by the department of
labor and industries as provided in this chapter;
(6) "Like-in-kind" means having similar characteristics
such as plumbing size, type, and function, and being in the
same location;
(7) "Medical gas piping" means oxygen, nitrous oxide,
high pressure nitrogen, medical compressed air, and medical
vacuum systems;
(8) "Medical gas piping installer" means a journeyman
plumber who has been issued a medical gas piping installer
endorsement;
(9) "Plumbing" means that craft involved in installing,
altering, repairing and renovating potable water systems, liquid waste systems, and medical gas piping systems within a
building. Installation in a water system of water softening or
water treatment equipment is not within the meaning of
plumbing as used in this chapter;
(10) "Specialty plumber" means anyone who has been
issued a specialty certificate of competency limited to:
(a) Installation, maintenance, and repair of the plumbing
of single-family dwellings, duplexes, and apartment buildings that do not exceed three stories; or
(b) Maintenance and repair of backflow prevention
assemblies. [2003 c 399 § 102; 2002 c 82 § 1; 2001 c 281 §
1; 1997 c 326 § 2; 1995 c 282 § 2; 1983 c 124 § 1; 1977 ex.s.
c 149 § 1; 1975 1st ex.s. c 71 § 1; 1973 1st ex.s. c 175 § 1.]
Part headings not law—2003 c 399: See note following RCW
19.28.006.
Effective date—1997 c 326: "This act takes effect July 1, 1998." [1997
c 326 § 7.]
18.106.070
18.106.070 Certificates of competency, installer
endorsement—Issuance—Renewal—Rights of holder—
Training certificates—Supervision—Training, certified
plumber. (1) The department shall issue a certificate of
competency to all applicants who have passed the examination and have paid the fee for the certificate. The certificate
shall bear the date of issuance, and shall expire on the birthdate of the holder immediately following the date of issuance.
The certificate shall be renewable every other year, upon
application, on or before the birthdate of the holder. The
department shall renew a certificate of competency if the
applicant: (a) Pays the renewal fee assessed by the department; and (b) during the past two years has completed sixteen
hours of continuing education approved by the department
with the advice of the advisory board, including four hours
related to electrical safety. If a person fails to renew the certificate by the renewal date, he or she must pay a doubled fee.
If the person does not renew the certificate within ninety days
of the renewal date, he or she must retake the examination
and pay the examination fee.
The journeyman plumber and specialty plumber certificates of competency, the medical gas piping installer
endorsement, and the temporary permit provided for in this
chapter grant the holder the right to engage in the work of
plumbing as a journeyman plumber, specialty plumber, or
[2003 RCW Supp—page 199]
18.106.150
Title 18 RCW: Businesses and Professions
medical gas piping installer, in accordance with their provisions throughout the state and within any of its political subdivisions on any job or any employment without additional
proof of competency or any other license or permit or fee to
engage in the work. This section does not preclude employees from adhering to a union security clause in any employment where such a requirement exists.
(2) A person who is indentured in an apprenticeship program approved under chapter 49.04 RCW for the plumbing
construction trade or who is learning the plumbing construction trade may work in the plumbing construction trade if
supervised by a certified journeyman plumber or a certified
specialty plumber in that plumber's specialty. All apprentices
and individuals learning the plumbing construction trade
shall obtain a plumbing training certificate from the department. The certificate shall authorize the holder to learn the
plumbing construction trade while under the direct supervision of a journeyman plumber or a specialty plumber working in his or her specialty. The holder of the plumbing training certificate shall renew the certificate annually. At the
time of renewal, the holder shall provide the department with
an accurate list of the holder's employers in the plumbing
construction industry for the previous year and the number of
hours worked for each employer. An annual fee shall be
charged for the issuance or renewal of the certificate. The
department shall set the fee by rule. The fee shall cover but
not exceed the cost of administering and enforcing the trainee
certification and supervision requirements of this chapter.
Apprentices and individuals learning the plumbing construction trade shall have their plumbing training certificates in
their possession at all times that they are performing plumbing work. They shall show their certificates to an authorized
representative of the department at the representative's
request.
(3) Any person who has been issued a plumbing training
certificate under this chapter may work if that person is under
supervision. Supervision shall consist of a person being on
the same job site and under the control of either a journeyman
plumber or an appropriate specialty plumber who has an
applicable certificate of competency issued under this chapter. Either a journeyman plumber or an appropriate specialty
plumber shall be on the same job site as the noncertified individual for a minimum of seventy-five percent of each working day unless otherwise provided in this chapter. The ratio
of noncertified individuals to certified journeymen or specialty plumbers working on a job site shall be: (a) Not more
than two noncertified plumbers working on any one job site
for every certified specialty plumber or journeyman plumber
working as a specialty plumber; and (b) not more than one
noncertified plumber working on any one job site for every
certified journeyman plumber working as a journeyman
plumber.
An individual who has a current training certificate and
who has successfully completed or is currently enrolled in an
approved apprenticeship program or in a technical school
program in the plumbing construction trade in a school
approved by the work force training and education coordinating board, may work without direct on-site supervision during the last six months of meeting the practical experience
requirements of this chapter.
[2003 RCW Supp—page 200]
(4) An individual who has a current training certificate
and who has successfully completed or is currently enrolled
in a medical gas piping installer training course approved by
the department may work on medical gas piping systems if
the individual is under the direct supervision of a certified
medical gas piping installer who holds a medical gas piping
installer endorsement one hundred percent of a working day
on a one-to-one ratio.
(5) The training to become a certified plumber must
include not less than sixteen hours of classroom training
established by the director with the advice of the advisory
board. The classroom training must include, but not be limited to, electrical wiring safety, grounding, bonding, and
other related items plumbers need to know to work under
RCW 19.28.091.
(6) All persons who are certified plumbers before January 1, 2003, are deemed to have received the classroom training required in subsection (5) of this section. [2003 c 399 §
801; 1997 c 326 § 6; 1985 c 465 § 1; 1983 c 124 § 3; 1977
ex.s. c 149 § 7; 1973 1st ex.s. c 175 § 7.]
Part headings not law—2003 c 399: See note following RCW
19.28.006.
Effective date—1997 c 326: See note following RCW 18.106.010.
18.106.150
18.106.150 Exemptions. (1) Nothing in this chapter
shall be construed to require that a person obtain a license or
a certified plumber in order to do plumbing work at his or her
residence or farm or place of business or on other property
owned by him or her.
(2) A current certificate of competency or apprentice
permit is not required for:
(a) Persons performing plumbing work on a farm; or
(b) Certified journeyman electricians, certified residential specialty electricians, or electrical trainees working for an
electrical contractor and performing exempt work under
RCW 18.27.090(18).
(3) Nothing in this chapter shall be intended to derogate
from or dispense with the requirements of any valid plumbing code enacted by a political subdivision of the state, except
that no code shall require the holder of a certificate of competency to demonstrate any additional proof of competency or
obtain any other license or pay any fee in order to engage in
the trade of plumbing.
(4) This chapter shall not apply to common carriers subject to Part I of the Interstate Commerce Act, nor to their
officers and employees.
(5) Nothing in this chapter shall be construed to apply to
any farm, business, industrial plant, or corporation doing
plumbing work on premises it owns or operates.
(6) Nothing in this chapter shall be construed to restrict
the right of any householder to assist or receive assistance
from a friend, neighbor, relative or other person when none of
the individuals doing such plumbing hold themselves out as
engaged in the trade or business of plumbing. [2003 c 399 §
402; 1973 1st ex.s. c 175 § 15.]
Part headings not law—2003 c 399: See note following RCW
19.28.006.
Regulation of Health Professions—Uniform Disciplinary Act
Chapter 18.130 RCW
REGULATION OF HEALTH PROFESSIONS—
UNIFORM DISCIPLINARY ACT
18.130.040
Chapter 18.130
Sections
18.130.040
18.130.075
18.130.190
18.130.040
Application to certain professions—Authority of secretary—
Grant or denial of licenses—Procedural rules.
Temporary practice permits—Penalties. (Effective July 1,
2004.)
Practice without license—Investigation of complaints—Cease
and desist orders—Injunctions—Penalties. (Effective July 1,
2004.)
18.130.040 Application to certain professions—
Authority of secretary—Grant or denial of licenses—Procedural rules. (1) This chapter applies only to the secretary
and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified
in this section. This chapter does not apply to any business or
profession not licensed under the chapters specified in this
section.
(2)(a) The secretary has authority under this chapter in
relation to the following professions:
(i) Dispensing opticians licensed and designated apprentices under chapter 18.34 RCW;
(ii) Naturopaths licensed under chapter 18.36A RCW;
(iii) Midwives licensed under chapter 18.50 RCW;
(iv) Ocularists licensed under chapter 18.55 RCW;
(v) Massage operators and businesses licensed under
chapter 18.108 RCW;
(vi) Dental hygienists licensed under chapter 18.29
RCW;
(vii) Acupuncturists licensed under chapter 18.06 RCW;
(viii) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW;
(ix) Respiratory care practitioners licensed under chapter
18.89 RCW;
(x) Persons registered under chapter 18.19 RCW;
(xi) Persons licensed as mental health counselors, marriage and family therapists, and social workers under chapter
18.225 RCW;
(xii) Persons registered as nursing pool operators under
chapter 18.52C RCW;
(xiii) Nursing assistants registered or certified under
chapter 18.88A RCW;
(xiv) Health care assistants certified under chapter
18.135 RCW;
(xv) Dietitians and nutritionists certified under chapter
18.138 RCW;
(xvi) Chemical dependency professionals certified under
chapter 18.205 RCW;
(xvii) Sex offender treatment providers certified under
chapter 18.155 RCW;
(xviii) Persons licensed and certified under chapter 18.73
RCW or RCW 18.71.205;
(xix) Denturists licensed under chapter 18.30 RCW;
(xx) Orthotists and prosthetists licensed under chapter
18.200 RCW;
(xxi) Surgical technologists registered under chapter
18.215 RCW; and
(xxii) Recreational therapists.
(b) The boards and commissions having authority under
this chapter are as follows:
(i) The podiatric medical board as established in chapter
18.22 RCW;
(ii) The chiropractic quality assurance commission as
established in chapter 18.25 RCW;
(iii) The dental quality assurance commission as established in chapter 18.32 RCW;
(iv) The board of hearing and speech as established in
chapter 18.35 RCW;
(v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;
(vi) The optometry board as established in chapter 18.54
RCW governing licenses issued under chapter 18.53 RCW;
(vii) The board of osteopathic medicine and surgery as
established in chapter 18.57 RCW governing licenses issued
under chapters 18.57 and 18.57A RCW;
(viii) The board of pharmacy as established in chapter
18.64 RCW governing licenses issued under chapters 18.64
and 18.64A RCW;
(ix) The medical quality assurance commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;
(x) The board of physical therapy as established in chapter 18.74 RCW;
(xi) The board of occupational therapy practice as established in chapter 18.59 RCW;
(xii) The nursing care quality assurance commission as
established in chapter 18.79 RCW governing licenses and
registrations issued under that chapter;
(xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW; and
(xiv) The veterinary board of governors as established in
chapter 18.92 RCW.
(3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or
deny licenses based on the conditions and criteria established
in this chapter and the chapters specified in subsection (2) of
this section. This chapter also governs any investigation,
hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance
with an order entered pursuant to RCW 18.130.160 by the
disciplining authority.
(4) All disciplining authorities shall adopt procedures to
ensure substantially consistent application of this chapter, the
Uniform Disciplinary Act, among the disciplining authorities
listed in subsection (2) of this section. [2003 c 275 § 2; 2003
c 258 § 7. Prior: 2002 c 223 § 6; 2002 c 216 § 11; 2001 c 251
§ 27; 1999 c 335 § 10; 1998 c 243 § 16; prior: 1997 c 392 §
516; 1997 c 334 § 14; 1997 c 285 § 13; 1997 c 275 § 2; prior:
1996 c 200 § 32; 1996 c 81 § 5; prior: 1995 c 336 § 2; 1995
c 323 § 16; 1995 c 260 § 11; 1995 c 1 § 19 (Initiative Measure
No. 607, approved November 8, 1994); prior: 1994 sp.s. c 9
§ 603; 1994 c 17 § 19; 1993 c 367 § 4; 1992 c 128 § 6; 1990
c 3 § 810; prior: 1988 c 277 § 13; 1988 c 267 § 22; 1988 c
243 § 7; prior: 1987 c 512 § 22; 1987 c 447 § 18; 1987 c 415
§ 17; 1987 c 412 § 15; 1987 c 150 § 1; prior: 1986 c 259 § 3;
1985 c 326 § 29; 1984 c 279 § 4.]
Reviser's note: This section was amended by 2003 c 258 § 7 and by
2003 c 275 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
[2003 RCW Supp—page 201]
18.130.075
Title 18 RCW: Businesses and Professions
Effective date—2003 c 275 § 2: "Section 2 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
July 1, 2003." [2003 c 275 § 4.]
Severability—Effective date—2003 c 258: See notes following RCW
18.79.330.
Severability—Effective date—2002 c 216: See RCW 18.230.900 and
18.230.901.
Severability—2001 c 251: See RCW 18.225.900.
Effective dates—1998 c 243: See RCW 18.205.900.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Effective dates—1997 c 334: See note following RCW 18.89.010.
Intent—Purpose—1997 c 285: See RCW 18.200.005.
Severability—1997 c 285: See RCW 18.200.901.
Severability—1996 c 200: See RCW 18.35.902.
Effective date—1996 c 81: See note following RCW 70.128.120.
Effective date—1995 c 336 §§ 2 and 3: "Sections 2 and 3 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect immediately [May 11, 1995]." [1995 c 336 § 11.]
Effective date—1995 c 260 §§ 7-11: "Sections 7 through 11 of this act
shall take effect July 1, 1996." [1995 1st sp.s. c 18 § 116; 1995 c 260 § 12.]
Short title—Severability—1995 c 1 (Initiative Measure No. 607):
See RCW 18.30.900 and 18.30.901.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Severability—1987 c 512: See RCW 18.19.901.
Severability—1987 c 447: See RCW 18.36A.901.
Severability—1987 c 415: See RCW 18.89.901.
Effective date—Severability—1987 c 412: See RCW 18.84.901 and
18.84.902.
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.075
18.130.075 Temporary practice permits—Penalties.
(Effective July 1, 2004.) (1) If an individual licensed in
another state that has licensing standards substantially equivalent to Washington applies for a license, the disciplining
authority shall issue a temporary practice permit authorizing
the applicant to practice the profession pending completion
of documentation that the applicant meets the requirements
for a license and is also not subject to denial of a license or
issuance of a conditional license under this chapter. The temporary permit may reflect statutory limitations on the scope
of practice. The permit shall be issued only upon the disciplining authority receiving verification from the states in
which the applicant is licensed that the applicant is currently
licensed and is not subject to charges or disciplinary action
for unprofessional conduct or impairment. Notwithstanding
RCW 34.05.422(3), the disciplining authority shall establish,
by rule, the duration of the temporary practice permits.
(2) Failure to surrender the temporary practice permit is
a misdemeanor under RCW 9A.20.010 and shall be unprofessional conduct under this chapter.
(3) The issuance of temporary permits is subject to the
provisions of this chapter, including summary suspensions.
[2003 c 53 § 140; 1991 c 332 § 2.]
[2003 RCW Supp—page 202]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Application to scope of practice—Captions not law—1991 c 332:
See notes following RCW 18.130.010.
18.130.190
18.130.190 Practice without license—Investigation of
complaints—Cease and desist orders—Injunctions—
Penalties. (Effective July 1, 2004.) (1) The secretary shall
investigate complaints concerning practice by unlicensed
persons of a profession or business for which a license is
required by the chapters specified in RCW 18.130.040. In
the investigation of the complaints, the secretary shall have
the same authority as provided the secretary under RCW
18.130.050.
(2) The secretary may issue a notice of intention to issue
a cease and desist order to any person whom the secretary has
reason to believe is engaged in the unlicensed practice of a
profession or business for which a license is required by the
chapters specified in RCW 18.130.040. The person to whom
such notice is issued may request an adjudicative proceeding
to contest the charges. The request for hearing must be filed
within twenty days after service of the notice of intention to
issue a cease and desist order. The failure to request a hearing constitutes a default, whereupon the secretary may enter
a permanent cease and desist order, which may include a civil
fine. All proceedings shall be conducted in accordance with
chapter 34.05 RCW.
(3) If the secretary makes a final determination that a
person has engaged or is engaging in unlicensed practice, the
secretary may issue a cease and desist order. In addition, the
secretary may impose a civil fine in an amount not exceeding
one thousand dollars for each day upon which the person
engaged in unlicensed practice of a business or profession for
which a license is required by one or more of the chapters
specified in RCW 18.130.040. The proceeds of such fines
shall be deposited to the health professions account.
(4) If the secretary makes a written finding of fact that
the public interest will be irreparably harmed by delay in
issuing an order, the secretary may issue a temporary cease
and desist order. The person receiving a temporary cease and
desist order shall be provided an opportunity for a prompt
hearing. The temporary cease and desist order shall remain
in effect until further order of the secretary. The failure to
request a prompt or regularly scheduled hearing constitutes a
default, whereupon the secretary may enter a permanent
cease and desist order, which may include a civil fine.
(5) Neither the issuance of a cease and desist order nor
payment of a civil fine shall relieve the person so practicing
or operating a business without a license from criminal prosecution therefor, but the remedy of a cease and desist order or
civil fine shall be in addition to any criminal liability. The
cease and desist order is conclusive proof of unlicensed practice and may be enforced under RCW 7.21.060. This method
of enforcement of the cease and desist order or civil fine may
be used in addition to, or as an alternative to, any provisions
for enforcement of agency orders set out in chapter 34.05
RCW.
(6) The attorney general, a county prosecuting attorney,
the secretary, a board, or any person may in accordance with
the laws of this state governing injunctions, maintain an
action in the name of this state to enjoin any person practicing
Fire Sprinkler System Contractors
a profession or business for which a license is required by the
chapters specified in RCW 18.130.040 without a license from
engaging in such practice or operating such business until the
required license is secured. However, the injunction shall not
relieve the person so practicing or operating a business without a license from criminal prosecution therefor, but the remedy by injunction shall be in addition to any criminal liability.
(7)(a) Unlicensed practice of a profession or operating a
business for which a license is required by the chapters specified in RCW 18.130.040, unless otherwise exempted by law,
constitutes a gross misdemeanor for a single violation.
(b) Each subsequent violation, whether alleged in the
same or in subsequent prosecutions, is a class C felony punishable according to chapter 9A.20 RCW.
(8) All fees, fines, forfeitures, and penalties collected or
assessed by a court because of a violation of this section shall
be remitted to the health professions account. [2003 c 53 §
141; 2001 c 207 § 2. Prior: 1995 c 285 § 35; 1993 c 367 §
19; 1991 c 3 § 271; prior: 1989 c 373 § 20; 1989 c 175 § 71;
1987 c 150 § 7; 1986 c 259 § 11; 1984 c 279 § 19.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Purpose—2001 c 207: "The purpose of this act is to respond to State v.
Thomas, 103 Wn. App. 800, by reenacting and ranking, without changes,
legislation relating to the crime of unlicensed practice of a profession or a
business, enacted as section 35, chapter 285, Laws of 1995." [2001 c 207 §
1.]
Effective date—2001 c 207: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 7, 2001]." [2001 c 207 § 4.]
Effective date—1995 c 285: See RCW 48.30A.900.
Severability—1989 c 373: See RCW 7.21.900.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
Chapter 18.160 RCW
FIRE SPRINKLER SYSTEM CONTRACTORS
Chapter 18.160
Sections
18.160.030
18.160.120
18.160.030
18.220.060
(ii) Adopt rules establishing a special category restricted
to contractors registered under chapter 18.27 RCW who
install underground systems that service fire protection sprinkler systems. The rules shall be adopted within ninety days
of March 31, 1992;
(iii) Subject to RCW 18.160.120, adopt rules defining
infractions under this chapter and fines to be assessed for
those infractions;
(c) Enforce the provisions of this chapter;
(d) Conduct investigations of complaints to determine if
any infractions of this chapter or the regulations developed
under this chapter have occurred;
(e) Assign a certificate number to each certificate of
competency holder; and
(f) Adopt rules necessary to implement and administer a
program which requires the affixation of a seal any time a fire
protection sprinkler system is installed, which seal shall
include the certificate number of any certificate of competency holder who installs, in whole or in part, the fire protection sprinkler system. [2003 c 74 § 1; 2000 c 171 § 35; 1992
c 116 § 2; 1990 c 177 § 4.]
18.160.120
18.160.120 Infractions—Failure to obtain certificate
of competency—Fines. (1) A fire protection sprinkler system contractor found to have committed an infraction under
this chapter as defined in rule under RCW
18.160.030(2)(b)(iii) shall be assessed a fine of not less than
two hundred dollars and not more than five thousand dollars.
(2) A fire protection sprinkler system contractor who
fails to obtain a certificate of competency under RCW
18.160.040 shall be assessed a fine of not less than one thousand dollars and not more than five thousand dollars.
(3) All fines collected under this section shall be deposited into the fire protection contractor license fund. [2003 c
74 § 2.]
Chapter 18.220
Chapter 18.220 RCW
GEOLOGISTS
Sections
State director of fire protection—Duties.
Infractions—Failure to obtain certificate of competency—
Fines.
18.160.030 State director of fire protection—Duties.
(1) This chapter shall be administered by the state director of
fire protection.
(2) The state director of fire protection shall have the
authority, and it shall be his or her duty to:
(a) Issue such administrative regulations as necessary for
the administration of this chapter;
(b)(i) Set reasonable fees for licenses, certificates, testing, and other aspects of the administration of this chapter.
However, the license fee for fire protection sprinkler system
contractors engaged solely in the installation, inspection,
maintenance, or servicing of NFPA 13-D fire protection
sprinkler systems shall not exceed one hundred dollars, and
the license fee for fire protection sprinkler system contractors
engaged solely in the installation, inspection, maintenance, or
servicing of NFPA 13-R fire protection sprinkler systems
shall not exceed three hundred dollars;
18.220.060
18.220.210
Requirements for licensure.
Public bodies—Use of either soil scientist or licensed geologist permitted. (Expires July 1, 2005.)
18.220.060
18.220.060 Requirements for licensure. In order to
become a licensed geologist, an applicant must meet the following requirements:
(1) The applicant shall be of good moral and ethical
character as attested to by letters of reference submitted by
the applicant or as otherwise determined by the board;
(2) The applicant shall have graduated from a course of
study in geology satisfactory to the board or satisfy educational equivalents determined by the board;
(3) The applicant shall have a documented record of a
minimum of five years of experience in geology or a specialty of geology, obtained subsequent to completion of the
academic requirements specified in this section, in geological
work of a character satisfactory to the board, demonstrating
that the applicant is qualified to assume responsible charge of
such work upon licensing as a geologist. The board shall
require that three years of the experience be gained under the
[2003 RCW Supp—page 203]
18.220.210
Title 18 RCW: Businesses and Professions
supervision of a geologist licensed in this or any other state,
or under the supervision of others who, in the opinion of the
board, are qualified to have responsible charge of geological
work;
(4) The applicant shall have passed an examination covering the fundamentals and practice of geology prescribed or
accepted by the board;
(5) The applicant shall meet other general or individual
requirements established by the board pursuant to its authority under this chapter;
(6) For licensing in any geological specialty recognized
under this chapter, an applicant must first be a licensed geologist under this chapter, and then meet the following requirements:
(a) In addition to the educational requirements for licensing as a geologist defined in subsection (2) of this section, an
applicant for licensing in any specialty of geology established
by the board shall have successfully completed advanced
study pertinent to their specialty, or equivalent seminars or
on-the-job training acceptable to the board;
(b) The applicant's experience shall include a documented record of five years of experience, after completion
of the academic requirements specified in this subsection, in
geological work in the applicable specialty of a character satisfactory to the board, and demonstrating that the applicant is
qualified to assume responsible charge of the specialty work
upon licensing in that specialty of geology. The board shall
require that three years of the experience be gained under the
supervision of a geologist licensed in the specialty in this or
any other state, or under the supervision of others who, in the
opinion of the board, are qualified to have responsible charge
of geological work in the specialty; and
(c) The applicant must pass an examination in the applicable specialty prescribed or accepted by the board;
(7) The following standards are applicable to experience
in the practice of geology or a specialty required under subsections (3) and (6) of this section:
(a) Each year of professional practice of a character
acceptable to the board, carried out under the direct supervision of a geologist who (i) is licensed in this state or is
licensed in another state with licensing standards substantially similar to those under this chapter; or (ii) meets the educational and experience requirements for licensing, but who
is not required to be licensed under the limitations of this
chapter, qualifies as one year of professional experience in
geology;
(b) Each year of professional specialty practice of a character acceptable to the board, carried out under the direct
supervision of a (i) geologist who is licensed in a specialty
under this chapter, or who is licensed as a specialty geologist
in another state that has licensing requirements that are substantially similar to this chapter; or (ii) specialty geologist
who meets the educational and experience requirements for
licensing, but who is not required to be licensed under the
limitations of this chapter, qualifies as one year of practice in
the applicable specialty of geology; and
(c) Experience in professional practice, of a character
acceptable to the board and acquired prior to one year after
July 1, 2001, qualifies if the experience (i) was acquired
under the direct supervision of a geologist who meets the
educational and experience requirements for licensing under
[2003 RCW Supp—page 204]
this chapter, or who is licensed in another state that has
licensing requirements that are substantially similar to this
chapter; or (ii) would constitute responsible charge of professional geological work, as determined by the board;
(8) Each year of full-time graduate study in the geological sciences or in a specialty of geology shall qualify as one
year of professional experience in geology or the applicable
specialty of geology, up to a maximum of two years. The
board may accept geological research, teaching of geology,
or a geological specialty at the college or university level as
qualifying experience, provided that such research or teaching, in the judgment of the board, is comparable to experience
obtained in the practice of geology or a specialty thereof;
(9) An applicant who applies for licensing before July 1,
2003, shall be considered to be qualified for licensing, without further written examination, if the applicant possesses the
following qualifications:
(a)(i) A specific record of graduation with a bachelor of
science or bachelor of arts or higher degree, with a major in
geology granted by an approved institution of higher education acceptable to the board; or
(ii) Graduation from an approved institution of higher
education in a four-year academic degree program other than
geology, but with the required number of course hours as
defined by the board to qualify as a geologist or engineering
geologist; and
(b) Experience consisting of a minimum of five years of
professional practice in geology or a specialty thereof as
required under subsections (3) and (7) of this section, of a
character acceptable to the board;
(10) An applicant who applies for licensing in a specialty
within one year after recognition of the specialty under this
chapter shall be considered qualified for licensing in that specialty, without further written examination, if the applicant:
(a) Is qualified for licensing as a geologist in this state;
and
(b) Has experience consisting of a minimum five years
of professional practice in the applicable specialty of geology
as required under subsections (3) and (7) of this section, of a
character acceptable to the board; and
(11) The geologists initially appointed to the board under
RCW 18.220.030 shall be qualified for licensing under subsections (7) and (8) of this section. [2003 c 292 § 1; 2000 c
253 § 7.]
Effective date—2003 c 292: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 14, 2003]." [2003 c 292 § 3.]
18.220.210
18.220.210 Public bodies—Use of either soil scientist
or licensed geologist permitted. (Expires July 1, 2005.) (1)
This chapter permits the state, any state agency or any political subdivision of the state, or a county, city, or other public
body to use the services of either a soil scientist engaging in
the practice of soil science, as defined in subsection (2) of this
section, or a licensed geologist or licensed specialty geologist
engaging in the practice of geology, as defined in RCW
18.220.010, to perform work that is within the scope of practice of both professions.
(2) For the purpose of this section, "practice of soil science" means the performance of or offer to perform soil sci-
Mental Health Counselors, Marriage and Family Therapists, Social Workers
ence work including, but not limited to, the investigation,
evaluation, planning, management, classification, and mapping of soil and the interpretation of soil behavior, including
surface erosion, and the inspection and responsible charge of
such work.
(3) This section expires July 1, 2005. [2003 c 292 § 2.]
Effective date—2003 c 292: See note following RCW 18.220.060.
Chapter 18.225 RCW
MENTAL HEALTH COUNSELORS, MARRIAGE
AND FAMILY THERAPISTS, SOCIAL WORKERS
Chapter 18.225
Sections
18.225.090
18.225.105
18.225.090
Issuance of license—Requirements.
Disclosure of information—Exceptions.
18.225.090 Issuance of license—Requirements. (1)
The secretary shall issue a license to any applicant who demonstrates to the satisfaction of the secretary that the applicant
meets the following education and experience requirements
for the applicant's practice area.
(a) Licensed social work classifications:
(i) Licensed advanced social worker:
(A) Graduation from a master's or doctorate social work
educational program accredited by the council on social work
education and approved by the secretary based upon nationally recognized standards;
(B) Successful completion of an approved examination;
(C) Successful completion of a supervised experience
requirement. The experience requirement consists of a minimum of three thousand two hundred hours with ninety hours
of supervision by a licensed independent clinical social
worker or a licensed advanced social worker who has been
licensed or certified for at least two years. Of those hours,
fifty hours must include direct supervision by a licensed
advanced social worker or licensed independent clinical
social worker; the other forty hours may be with an equally
qualified licensed mental health practitioner. Forty hours
must be in one-to-one supervision and fifty hours may be in
one-to-one supervision or group supervision. Distance
supervision is limited to forty supervision hours. Eight hundred hours must be in direct client contact; and
(D) Successful completion of continuing education
requirements of thirty-six hours, with six in professional ethics.
(ii) Licensed independent clinical social worker:
(A) Graduation from a master's or doctorate level social
work educational program accredited by the council on social
work education and approved by the secretary based upon
nationally recognized standards;
(B) Successful completion of an approved examination;
(C) Successful completion of a supervised experience
requirement. The experience requirement consists of a minimum of four thousand hours of experience, of which one
thousand hours must be direct client contact, over a threeyear period supervised by a licensed independent clinical
social worker who has been licensed or certified for at least
five years and who has had at least one year of experience in
supervising the clinical social work practice of others, with
supervision of at least one hundred thirty hours by a licensed
mental health practitioner. Of the total supervision, seventy
18.225.090
hours must be with an independent clinical social worker
meeting the qualifications under this subsection (1)(a)(ii)(C);
the other sixty hours may be with an equally qualified
licensed mental health practitioner. Sixty hours must be in
one-to-one supervision and seventy hours may be in one-toone supervision or group supervision. Distance supervision
is limited to sixty supervision hours; and
(D) Successful completion of continuing education
requirements of thirty-six hours, with six in professional ethics.
(b) Licensed mental health counselor:
(i) Graduation from a master's or doctoral level educational program in mental health counseling or a related discipline from a college or university approved by the secretary
based upon nationally recognized standards;
(ii) Successful completion of an approved examination;
(iii) Successful completion of a supervised experience
requirement. The experience requirement consists of a minimum of thirty-six months full-time counseling or three thousand hours of postgraduate mental health counseling under
the supervision of a qualified licensed mental health counselor in an approved setting. The three thousand hours of
required experience includes a minimum of one hundred
hours spent in immediate supervision with the qualified
licensed mental health counselor, and includes a minimum of
one thousand two hundred hours of direct counseling with
individuals, couples, families, or groups; and
(iv) Successful completion of continuing education
requirements of thirty-six hours, with six in professional ethics.
(c) Licensed marriage and family therapist:
(i) Graduation from a master's degree or doctoral degree
educational program in marriage and family therapy or graduation from an educational program in an allied field equivalent to a master's degree or doctoral degree in marriage and
family therapy approved by the secretary based upon nationally recognized standards;
(ii) Successful passage of an approved examination;
(iii) Successful completion of a supervised experience
requirement. The experience requirement consists of a minimum of two calendar years of full-time marriage and family
therapy. Of the total supervision, one hundred hours must be
with a licensed marriage and family therapist with at least
five years' clinical experience; the other one hundred hours
may be with an equally qualified licensed mental health practitioner. Total experience requirements include:
(A) A minimum of three thousand hours of experience,
one thousand hours of which must be direct client contact; at
least five hundred hours must be gained in diagnosing and
treating couples and families; plus
(B) At least two hundred hours of qualified supervision
with a supervisor. At least one hundred of the two hundred
hours must be one-on-one supervision, and the remaining
hours may be in one-on-one or group supervision.
Applicants who have completed a master's program
accredited by the commission on accreditation for marriage
and family therapy education of the American association for
marriage and family therapy may be credited with five hundred hours of direct client contact and one hundred hours of
formal meetings with an approved supervisor; and
[2003 RCW Supp—page 205]
18.225.105
Title 19 RCW: Business Regulations—Miscellaneous
(iv) Successful completion of continuing education
requirements of thirty-six hours, with six in professional ethics.
(2) The department shall establish by rule what constitutes adequate proof of meeting the criteria.
(3) In addition, applicants shall be subject to the grounds
for denial of a license or issuance of a conditional license
under chapter 18.130 RCW. [2003 c 108 § 1; 2001 c 251 §
9.]
19.190
19.192
19.220
19.230
Chapter 19.09
Commercial electronic mail.
Proof of identity.
International matchmaking organizations.
Uniform money services act.
Chapter 19.09 RCW
CHARITABLE SOLICITATIONS
Sections
19.09.275
Violations—Penalties. (Effective July 1, 2004.)
18.225.105
18.225.105 Disclosure of information—Exceptions.
A person licensed under this chapter shall not disclose the
written acknowledgment of the disclosure statement pursuant
to RCW 18.225.100, nor any information acquired from persons consulting the individual in a professional capacity
when the information was necessary to enable the individual
to render professional services to those persons except:
(1) With the written authorization of that person or, in
the case of death or disability, the person's personal representative;
(2) If the person waives the privilege by bringing charges
against the person licensed under this chapter;
(3) In response to a subpoena from the secretary. The
secretary may subpoena only records related to a complaint
or report under RCW 18.130.050;
(4) As required under chapter 26.44 or 74.34 RCW or
RCW 71.05.250; or
(5) To any individual if the person licensed under this
chapter reasonably believes that disclosure will avoid or minimize an imminent danger to the health or safety of the individual or any other individual; however, there is no obligation on the part of the provider to so disclose. [2003 c 204 §
1.]
Title 19
Title 19
BUSINESS REGULATIONS—
MISCELLANEOUS
Chapters
19.09
19.16
19.25
19.27
19.28
19.48
19.68
19.76
19.77
19.85
19.86
19.100
19.105
19.110
19.116
19.126
19.138
19.146
19.158
Charitable solicitations.
Collection agencies.
Reproduced sound recordings.
State building code.
Electricians and electrical installations.
Hotels, lodging houses, etc.—Restaurants.
Rebating by practitioners of healing professions.
Beverage bottles, etc.—Labeling—Refilling.
Trademark registration.
Regulatory fairness act.
Unfair business practices—Consumer protection.
Franchise investment protection.
Camping resorts.
Business opportunity fraud act.
Motor vehicle subleasing or transfer.
Wholesale distributors and suppliers of malt
beverages.
Sellers of travel.
Mortgage broker practices act.
Commercial telephone solicitation.
[2003 RCW Supp—page 206]
19.09.275
19.09.275 Violations—Penalties. (Effective July 1,
2004.) (1) Any person who knowingly violates any provision
of this chapter or who knowingly gives false or incorrect
information to the secretary, attorney general, or county prosecuting attorney in filing statements required by this chapter,
whether or not such statement or report is verified is guilty of
a gross misdemeanor punishable under chapter 9A.20 RCW.
(2) Any person who violates any provisions of this chapter or who gives false or incorrect information to the secretary, attorney general, or county prosecuting attorney in filing
statements required by this chapter, whether or not such statement or report is verified, is guilty of a misdemeanor punishable under chapter 9A.20 RCW. [2003 c 53 § 142; 1993 c
471 § 15; 1986 c 230 § 18; 1983 c 265 § 11; 1982 c 227 § 12;
1977 ex.s. c 222 § 14.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1982 c 227: See note following RCW 19.09.100.
Chapter 19.16
Chapter 19.16 RCW
COLLECTION AGENCIES
Sections
19.16.100
19.16.100
Definitions.
19.16.100 Definitions. Unless a different meaning is
plainly required by the context, the following words and
phrases as hereinafter used in this chapter shall have the following meanings:
(1) "Person" includes individual, firm, partnership, trust,
joint venture, association, or corporation.
(2) "Collection agency" means and includes:
(a) Any person directly or indirectly engaged in soliciting claims for collection, or collecting or attempting to collect claims owed or due or asserted to be owed or due another
person;
(b) Any person who directly or indirectly furnishes or
attempts to furnish, sells, or offers to sell forms represented to
be a collection system or scheme intended or calculated to be
used to collect claims even though the forms direct the debtor
to make payment to the creditor and even though the forms
may be or are actually used by the creditor himself or herself
in his or her own name;
(c) Any person who in attempting to collect or in collecting his or her own claim uses a fictitious name or any name
other than his or her own which would indicate to the debtor
that a third person is collecting or attempting to collect such
claim.
(3) "Collection agency" does not mean and does not
include:
Reproduced Sound Recordings
(a) Any individual engaged in soliciting claims for collection, or collecting or attempting to collect claims on behalf
of a licensee under this chapter, if said individual is an
employee of the licensee;
(b) Any individual collecting or attempting to collect
claims for not more than one employer, if all the collection
efforts are carried on in the name of the employer and if the
individual is an employee of the employer;
(c) Any person whose collection activities are carried on
in his, her, or its true name and are confined and are directly
related to the operation of a business other than that of a collection agency, such as but not limited to: Trust companies;
savings and loan associations; building and loan associations;
abstract companies doing an escrow business; real estate brokers; property management companies collecting assessments, charges, or fines on behalf of condominium unit owners associations, associations of apartment owners, or homeowners' associations; public officers acting in their official
capacities; persons acting under court order; lawyers; insurance companies; credit unions; loan or finance companies;
mortgage banks; and banks;
(d) Any person who on behalf of another person prepares
or mails monthly or periodic statements of accounts due if all
payments are made to that other person and no other collection efforts are made by the person preparing the statements
of account;
(e) An "out-of-state collection agency" as defined in this
chapter; or
(f) Any person while acting as a debt collector for
another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as
a debt collector does so only for persons to whom it is so
related or affiliated and if the principal business of the person
is not the collection of debts.
(4) "Out-of-state collection agency" means a person
whose activities within this state are limited to collecting
debts from debtors located in this state by means of interstate
communications, including telephone, mail, or facsimile
transmission, from the person's location in another state on
behalf of clients located outside of this state, but does not
include any person who is excluded from the definition of the
term "debt collector" under the federal fair debt collection
practices act (15 U.S.C. Sec. 1692a(6)).
(5) "Claim" means any obligation for the payment of
money or thing of value arising out of any agreement or contract, express or implied.
(6) "Statement of account" means a report setting forth
only amounts billed, invoices, credits allowed, or aged balance due.
(7) "Director" means the director of licensing.
(8) "Client" or "customer" means any person authorizing
or employing a collection agency to collect a claim.
(9) "Licensee" means any person licensed under this
chapter.
(10) "Board" means the Washington state collection
agency board.
(11) "Debtor" means any person owing or alleged to owe
a claim.
(12) "Commercial claim" means any obligation for payment of money or thing of value arising out of any agreement
or contract, express or implied, where the transaction which
19.25.030
is the subject of the agreement or contract is not primarily for
personal, family, or household purposes. [2003 c 203 § 1.
Prior: 2001 c 47 § 1; 2001 c 43 § 1; 1994 c 195 § 1; 1990 c
190 § 1; 1979 c 158 § 81; 1971 ex.s. c 253 § 1.]
Chapter 19.25
Chapter 19.25 RCW
REPRODUCED SOUND RECORDINGS
Sections
19.25.020
19.25.030
19.25.040
Reproduction of sound without consent of owner unlawful—
Fine and penalty. (Effective July 1, 2004.)
Use of recording of live performance without consent of owner
unlawful—Fine and penalty. (Effective July 1, 2004.)
Failure to disclose origin of certain recordings unlawful—Fine
and penalty. (Effective July 1, 2004.)
19.25.020
19.25.020 Reproduction of sound without consent of
owner unlawful—Fine and penalty. (Effective July 1,
2004.) (1) A person commits an offense if the person:
(a) Knowingly reproduces for sale or causes to be transferred any recording with intent to sell it or cause it to be sold
or use it or cause it to be used for commercial advantage or
private financial gain without the consent of the owner;
(b) Transports within this state, for commercial advantage or private financial gain, a recording with the knowledge
that the sounds have been reproduced or transferred without
the consent of the owner; or
(c) Advertises, offers for sale, sells, or rents, or causes
the sale, resale, or rental of or possesses for one or more of
these purposes any recording that the person knows has been
reproduced or transferred without the consent of the owner.
(2)(a) An offense under this section is a class B felony
punishable by a fine of not more than two hundred fifty thousand dollars, imprisonment for not more than ten years, or
both if:
(i) The offense involves at least one thousand unauthorized recordings during a one hundred eighty-day period; or
(ii) The defendant has been previously convicted under
this section.
(b) An offense under this section is a class C felony punishable by a fine of not more than two hundred fifty thousand
dollars, imprisonment for not more than five years, or both, if
the offense involves more than one hundred but less than one
thousand unauthorized recordings during a one hundred
eighty-day period.
(c) Any other offense under this section is a gross misdemeanor punishable by a fine of not more than twenty-five
thousand dollars, imprisonment for not more than one year,
or both.
(3) This section does not affect the rights and remedies
of a party in private litigation.
(4) This section applies only to recordings that were initially fixed before February 15, 1972. [2003 c 53 § 143; 1991
c 38 § 2; 1974 ex.s. c 100 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
19.25.030
19.25.030 Use of recording of live performance without consent of owner unlawful—Fine and penalty. (Effective July 1, 2004.) (1) A person commits an offense if the
person:
[2003 RCW Supp—page 207]
19.25.040
Title 19 RCW: Business Regulations—Miscellaneous
(a) For commercial advantage or private financial gain
advertises, offers for sale, sells, rents, transports, causes the
sale, resale, rental, or transportation of or possesses for one or
more of these purposes a recording of a live performance
with the knowledge that the live performance has been
recorded or fixed without the consent of the owner; or
(b) With the intent to sell for commercial advantage or
private financial gain records or fixes or causes to be
recorded or fixed on a recording a live performance with the
knowledge that the live performance has been recorded or
fixed without the consent of the owner.
(2)(a) An offense under this section is a class B felony
punishable by a fine of not more than two hundred fifty thousand dollars, imprisonment for not more than ten years, or
both, if:
(i) The offense involves at least one thousand unauthorized recordings embodying sound or at least one hundred
unauthorized audiovisual recordings during a one hundred
eighty-day period; or
(ii) The defendant has been previously convicted under
this section.
(b) An offense under this section is a class C felony punishable by a fine of not more than two hundred fifty thousand
dollars, imprisonment for not more than five years, or both, if
the offense involves more than one hundred but less than one
thousand unauthorized recordings embodying sound or more
than ten but less than one hundred unauthorized audiovisual
recordings during a one hundred eighty-day period.
(c) Any other offense under this section is a gross misdemeanor punishable by a fine of not more than twenty-five
thousand dollars, imprisonment for not more than one year,
or both.
(3) In the absence of a written agreement or law to the
contrary, the performer or performers of a live performance
are presumed to own the rights to record or fix those sounds.
(4) For the purposes of this section, a person who is
authorized to maintain custody and control over business
records that reflect whether or not the owner of the live performance consented to having the live performance recorded
or fixed is a competent witness in a proceeding regarding the
issue of consent.
(5) This section does not affect the rights and remedies
of a party in private litigation. [2003 c 53 § 144; 1991 c 38 §
3; 1974 ex.s. c 100 § 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
19.25.040
19.25.040 Failure to disclose origin of certain recordings unlawful—Fine and penalty. (Effective July 1, 2004.)
(1) A person is guilty of failure to disclose the origin of a
recording when, for commercial advantage or private financial gain, the person knowingly advertises, or offers for sale,
resale, or rent, or sells or resells, or rents, leases, or lends, or
possesses for any of these purposes, any recording which
does not contain the true name and address of the manufacturer in a prominent place on the cover, jacket, or label of the
recording.
(2)(a) An offense under this section is a class B felony
punishable by a fine of not more than two hundred fifty thousand dollars, imprisonment for not more than ten years, or
both, if:
[2003 RCW Supp—page 208]
(i) The offense involves at least one hundred unauthorized recordings during a one hundred eighty-day period; or
(ii) The defendant has been previously convicted under
this section.
(b) An offense under this section is a class C felony punishable by a fine of not more than two hundred fifty thousand
dollars, imprisonment for not more than five years, or both, if
the offense involves more than ten but less than one hundred
unauthorized recordings during a one hundred eighty-day
period.
(c) Any other offense under this section is a gross misdemeanor punishable by a fine of not more than twenty-five
thousand dollars, imprisonment for not more than one year,
or both.
(3) This section does not affect the rights and remedies
of a party in private litigation. [2003 c 53 § 145; 1991 c 38 §
4; 1974 ex.s. c 100 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 19.27
Chapter 19.27 RCW
STATE BUILDING CODE
Sections
19.27.031
19.27.080
19.27.110
19.27.490
19.27.031
State building code—Adoption—Conflicts—Opinions.
Chapters of RCW not affected.
International fire code—Administration and enforcement by
counties, other political subdivisions and municipal corporations—Fees.
Fish habitat enhancement project.
19.27.031 State building code—Adoption—Conflicts—Opinions. Except as otherwise provided in this chapter, there shall be in effect in all counties and cities the state
building code which shall consist of the following codes
which are hereby adopted by reference:
(1)(a) The International Building Code, published by the
International Code Council[,] Inc.;
(b) The International Residential Code, published by the
International Code Council, Inc.;
(2) The International Mechanical Code, published by the
International Code Council[,] Inc., except that the standards
for liquified petroleum gas installations shall be NFPA 58
(Storage and Handling of Liquified Petroleum Gases) and
ANSI Z223.1/NFPA 54 (National Fuel Gas Code);
(3) The International Fire Code, published by the International Code Council[,] Inc., including those standards of
the National Fire Protection Association specifically referenced in the International Fire Code: PROVIDED, That, notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying handheld candles;
(4) Except as provided in RCW 19.27.170, the Uniform
Plumbing Code and Uniform Plumbing Code Standards, published by the International Association of Plumbing and
Mechanical Officials: PROVIDED, That any provisions of
such code affecting sewers or fuel gas piping are not adopted;
and
(5) The rules adopted by the council establishing standards for making buildings and facilities accessible to and
usable by the physically disabled or elderly persons as provided in RCW 70.92.100 through 70.92.160.
Electricians and Electrical Installations
In case of conflict among the codes enumerated in subsections (1), (2), (3), and (4) of this section, the first named
code shall govern over those following.
The codes enumerated in this section shall be adopted by
the council as provided in RCW 19.27.074. The council shall
solicit input from first responders to ensure that fire fighter
safety issues are addressed during the code adoption process.
The council may issue opinions relating to the codes at
the request of a local official charged with the duty to enforce
the enumerated codes. [2003 c 291 § 2; 1995 c 343 § 1.
Prior: 1989 c 348 § 9; 1989 c 266 § 1; 1985 c 360 § 5.]
Intent—Finding—2003 c 291: "(1) The intent of the adoption of the
International Building Code by the legislature is to remain consistent with
state laws regulating construction, including electrical, plumbing, and
energy codes established in chapters 19.27, 19.27A, and 19.28 RCW. The
International Building Code references the International Residential Code
for provisions related to the construction of single and multiple-family
dwellings. No portion of the International Residential Code shall supersede
or take precedent over provisions in chapter 19.28 RCW, regulating the electrical code; nor provisions in RCW 19.27.031(4), regulating the plumbing
code; nor provisions in chapter 19.27A RCW, regulating the energy code.
(2) It is in the state's interest and consistent with the state building code
act to have in effect provisions regulating the construction of single and multiple-family residences. It is the legislative intent that the state building code
council adopt the International Residential Code through rule making
granted in RCW 19.27.074, consistent with state law regulating construction
for electrical, plumbing, and energy codes, and other state and federal laws
regulating single and multiple-family construction.
(3) In accordance with RCW 19.27.020, the state building code council
shall promote fire and life safety in buildings consistent with accepted standards. In adopting the codes for the state of Washington, the state building
code council shall consider provisions related to fire fighter safety published
by nationally recognized organizations. The state building code council
shall review all nationally recognized codes as set forth in RCW 19.27.074.
(4) The legislature finds that building codes are an integral component
of affordable housing. In accordance with this finding, the state building
code council shall consider and review building code provisions related to
improving affordable housing." [2003 c 291 § 1.]
Severability—1989 c 348: See note following RCW 90.54.020.
Rights not impaired—1989 c 348: See RCW 90.54.920.
portion of the administering responsibility and coordinate
and cooperate with the county government in the enforcement of the International Fire Code.
It is not the intent of RCW 19.27.110 and 19.27.111 to
preclude or limit the authority of any city, town, county, fire
protection district, state agency, or political subdivision from
engaging in those fire prevention activities with which they
are charged.
It is not the intent of the legislature by adopting the state
building code or RCW 19.27.110 and 19.27.111 to grant
counties any more power to suppress or extinguish fires than
counties currently possess under the Constitution or other
statutes.
Each county is authorized to impose fees sufficient to
pay the cost of inspections, administration, and enforcement
pursuant to RCW 19.27.110 and 19.27.111. [2003 c 291 § 4;
1975-'76 2nd ex.s. c 37 § 1.]
Intent—Finding—2003 c 291: See note following RCW 19.27.031.
19.27.490
19.27.490 Fish habitat enhancement project. A fish
habitat enhancement project meeting the criteria of RCW
77.55.290(1) is not subject to grading permits, inspections, or
fees and shall be reviewed according to the provisions of
RCW 77.55.290. [2003 c 39 § 11; 1998 c 249 § 14.]
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.290.
Chapter 19.28
Intent—Finding—2003 c 291: See note following RCW 19.27.031.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Captions—Severability—Effective date—1989 c 346: See RCW
90.76.900 through 90.76.902.
19.27.110
19.27.110 International fire code—Administration
and enforcement by counties, other political subdivisions
and municipal corporations—Fees. Each county government shall administer and enforce the International Fire Code
in the unincorporated areas of the county: PROVIDED, That
any political subdivision or municipal corporation providing
fire protection pursuant to RCW 14.08.120 shall, at its sole
option, be responsible for administration and enforcement of
the International Fire Code on its facility. Any fire protection
district or political subdivision may, pursuant to chapter
39.34 RCW, the interlocal cooperation act, assume all or a
Chapter 19.28 RCW
ELECTRICIANS AND
ELECTRICAL INSTALLATIONS
Sections
19.28.006
19.28.091
19.28.095
19.28.101
19.27.080
19.27.080 Chapters of RCW not affected. Nothing in
this chapter affects the provisions of chapters 19.27A, 19.28,
43.22, 70.77, 70.79, 70.87, 48.48, 18.20, 18.46, 18.51,
28A.305, 70.41, 70.62, 70.75, 70.108, 71.12, 74.15, 70.94,
76.04, 90.76 RCW, or RCW 28A.195.010, or grants rights to
duplicate the authorities provided under chapters 70.94 or
76.04 RCW. [2003 c 291 § 3; 1990 c 33 § 555; 1989 c 346 §
19; 1975 1st ex.s. c 282 § 1; 1974 ex.s. c 96 § 8.]
19.28.006
19.28.141
19.28.191
19.28.261
19.28.351
19.28.371
Definitions.
Licensing—Exemptions.
Equipment repair specialty—Scope of work.
Inspections—Notice to repair and change—Disconnection—
Entry—Concealment—Accessibility—Connection to utility—Permits, fees—Limitation.
RCW 19.28.101 inapplicable in certain cities and towns, electricity supply agency service areas, and rights of way of state
highways.
Certificate of competency—Eligibility for examination—
Rules.
Exemptions from RCW 19.28.161 through 19.28.271.
Electrical license fund.
Medical device—Installation, maintenance, or repair—Compliance with chapter—Limit of exemption.
19.28.006
19.28.006 Definitions. The definitions in this section
apply throughout this subchapter.
(1) "Administrator" means a person designated by an
electrical contractor to supervise electrical work and electricians in accordance with the rules adopted under this chapter.
(2) "Basic electrical work" means the work classified in
(a) and (b) of this subsection as class A and class B basic
electrical work:
(a) "Class A basic electrical work" means the like-inkind replacement of a: Contactor, relay, timer, starter, circuit
board, or similar control component; household appliance;
circuit breaker; fuse; residential luminaire; lamp; snap
switch; dimmer; receptacle outlet; thermostat; heating element; luminaire ballast with an exact same ballast; ten horsepower or smaller motor; or wiring, appliances, devices, or
equipment as specified by rule.
[2003 RCW Supp—page 209]
19.28.091
Title 19 RCW: Business Regulations—Miscellaneous
(b) "Class B basic electrical work" means work other
than class A basic electrical work that requires minimal electrical circuit modifications and has limited exposure hazards.
Class B basic electrical work includes the following:
(i) Extension of not more than one branch electrical circuit limited to one hundred twenty volts and twenty amps
each where:
(A) No cover inspection is necessary; and
(B) The extension does not supply more than two outlets;
(ii) Like-in-kind replacement of a single luminaire not
exceeding two hundred seventy-seven volts and twenty
amps;
(iii) Like-in-kind replacement of a motor larger than ten
horsepower;
(iv) The following low voltage systems:
(A) Repair and replacement of devices not exceeding
one hundred volt-amperes in Class 2, Class 3, or power limited low voltage systems in one and two-family dwellings;
(B) Repair and replacement of the following devices not
exceeding one hundred volt-amperes in Class 2, Class 3, or
power limited low voltage systems in other buildings, provided the equipment is not for fire alarm or nurse call systems
and is not located in an area classified as hazardous by the
national electrical code; or
(v) Wiring, appliances, devices, or equipment as specified by rule.
(3) "Board" means the electrical board under RCW
19.28.311.
(4) "Chapter" or "subchapter" means the subchapter, if
no chapter number is referenced.
(5) "Department" means the department of labor and
industries.
(6) "Director" means the director of the department or
the director's designee.
(7) "Electrical construction trade" includes but is not
limited to installing or maintaining electrical wires and
equipment that are used for light, heat, or power and installing and maintaining remote control, signaling, power limited,
or communication circuits or systems.
(8) "Electrical contractor" means a person, firm, partnership, corporation, or other entity that offers to undertake,
undertakes, submits a bid for, or does the work of installing
or maintaining wires or equipment that convey electrical current.
(9) "Equipment" means any equipment or apparatus that
directly uses, conducts, insulates, or is operated by electricity
but does not mean: Plug-in appliances; or plug-in equipment
as determined by the department by rule.
(10) "Industrial control panel" means a factory-wired or
user-wired assembly of industrial control equipment such as
motor controllers, switches, relays, power supplies, computers, cathode ray tubes, transducers, and auxiliary devices.
The panel may include disconnect means and motor branch
circuit protective devices.
(11) "Journeyman electrician" means a person who has
been issued a journeyman electrician certificate of competency by the department.
(12) "Like-in-kind" means having similar characteristics
such as voltage requirements, current draw, and function, and
being in the same location.
[2003 RCW Supp—page 210]
(13) "Master electrician" means either a master journeyman electrician or master specialty electrician.
(14) "Master journeyman electrician" means a person
who has been issued a master journeyman electrician certificate of competency by the department and who may be designated by an electrical contractor to supervise electrical
work and electricians in accordance with rules adopted under
this chapter.
(15) "Master specialty electrician" means a person who
has been issued a specialty electrician certificate of competency by the department and who may be designated by an
electrical contractor to supervise electrical work and electricians in accordance with rules adopted under this chapter.
(16) "Specialty electrician" means a person who has
been issued a specialty electrician certificate of competency
by the department. [2003 c 399 § 101; 2002 c 249 § 1; 2001
c 211 § 1; 2000 c 238 § 103; 1993 c 275 § 1; 1988 c 81 § 1;
1986 c 156 § 1; 1983 c 206 § 1. Formerly RCW 19.28.005.]
Part headings not law—2003 c 399: "Part headings used in this act are
not any part of the law." [2003 c 399 § 901.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.091
19.28.091 Licensing—Exemptions. (1) No license
under the provision of this chapter shall be required from any
utility or any person, firm, partnership, corporation, or other
entity employed by a utility because of work in connection
with the installation, repair, or maintenance of lines, wires,
apparatus, or equipment owned by or under the control of a
utility and used for transmission or distribution of electricity
from the source of supply to the point of contact at the premises and/or property to be supplied and service connections
and meters and other apparatus or appliances used in the measurement of the consumption of electricity by the customer.
(2) No license under the provisions of this chapter shall
be required from any utility because of work in connection
with the installation, repair, or maintenance of the following:
(a) Lines, wires, apparatus, or equipment used in the
lighting of streets, alleys, ways, or public areas or squares;
(b) Lines, wires, apparatus, or equipment owned by a
commercial, industrial, or public institution customer that are
an integral part of a transmission or distribution system,
either overhead or underground, providing service to such
customer and located outside the building or structure: PROVIDED, That a utility does not initiate the sale of services to
perform such work;
(c) Lines and wires, together with ancillary apparatus,
and equipment, owned by a customer that is an independent
power producer who has entered into an agreement for the
sale of electricity to a utility and that are used in transmitting
electricity from an electrical generating unit located on premises used by such customer to the point of interconnection
with the utility's system.
(3) Any person, firm, partnership, corporation, or other
entity licensed under RCW 19.28.041 may enter into a contract with a utility for the performance of work under subsection (2) of this section.
(4) No license under the provisions of this chapter shall
be required from any person, firm, partnership, corporation,
or other entity because of the work of installing and repairing
ignition or lighting systems for motor vehicles.
Electricians and Electrical Installations
(5) No license under the provisions of this chapter shall
be required from any person, firm, partnership, corporation,
or other entity because of work in connection with the installation, repair, or maintenance of wires and equipment, and
installations thereof, exempted in RCW 19.28.010.
(6) The department may by rule exempt from licensing
requirements under this chapter work performed on premanufactured electric power generation equipment assemblies
and control gear involving the testing, repair, modification,
maintenance, or installation of components internal to the
power generation equipment, the control gear, or the transfer
switch.
(7) This chapter does not require an electrical contractor
license if: (a) An appropriately certified electrician or a properly supervised certified electrical trainee is performing the
installation, repair, or maintenance of wires and equipment
for a nonprofit corporation that holds a current tax exempt
status as provided under 26 U.S.C. Sec. 501(c)(3) or a nonprofit religious organization; (b) the certified electrician or
certified electrical trainee is not compensated for the electrical work; and (c) the value of the electrical work does not
exceed thirty thousand dollars.
(8) An entity that currently holds a valid specialty or
general plumbing contractor's registration under chapter
18.27 RCW may employ a certified plumber, a certified residential plumber, or a plumber trainee meeting the requirements of chapter 18.106 RCW to perform electrical work that
is incidentally, directly, and immediately appropriate to the
like-in-kind replacement of a household appliance or other
small household utilization equipment that requires limited
electric power and limited waste and/or water connections. A
plumber trainee must be supervised by a certified plumber or
a certified residential plumber while performing electrical
work. The electrical work is subject to the permitting and
inspection requirements of this chapter. [2003 c 399 § 301;
2003 c 242 § 1; 2001 c 211 § 6; 1998 c 98 § 1; 1992 c 240 §
1; 1980 c 30 § 15; 1935 c 169 § 11; RRS § 8307-11. Formerly RCW 19.28.200.]
Reviser's note: This section was amended by 2003 c 242 § 1 and by
2003 c 399 § 301, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Part headings not law—2003 c 399: See note following RCW
19.28.006.
19.28.095
19.28.095 Equipment repair specialty—Scope of
work. (1) The scope of work for the equipment repair specialty involves servicing, maintaining, repairing, or replacing
utilization equipment.
(2) "Utilization equipment" means equipment that is: (a)
Self-contained on a single skid or frame; (b) factory built to
standardized sizes or types; (c) listed or field evaluated by a
laboratory or approved by the department under WAC 29646B-030; and (d) connected as a single unit to a single source
of electrical power limited to a maximum of six hundred
volts. The equipment may also be connected to a separate
single source of electrical control power limited to a maximum of two hundred fifty volts. Utilization equipment does
not include devices used for occupant space heating by industrial, commercial, hospital, educational, public, and private
commercial buildings, and other end users.
19.28.101
(3) "Servicing, maintaining, repairing, or replacing utilization equipment" includes:
(a) The like-in-kind replacement of the equipment if the
same unmodified electrical circuit is used to supply the
equipment being replaced;
(b) The like-in-kind replacement or repair of remote control components that are integral to the operation of the
equipment;
(c) The like-in-kind replacement or repair of electrical
components within the equipment; and
(d) The disconnection, replacement, and reconnection of
low-voltage control and line voltage supply whips not over
six feet in length provided there are no modifications to the
characteristics of the branch circuit.
(4) "Servicing, maintaining, repairing, or replacing utilization equipment" does not include:
(a) The installation, repair, or modification of wiring that
interconnects equipment and/or remote components, branch
circuit conductors, services, feeders, panelboards, disconnect
switches, motor control centers, remote magnetic starters/contactors, or raceway/conductor systems interconnecting multiple equipment or other electrical components;
(b) Any work providing electrical feeds into the power
distribution unit or installation of conduits and raceways; or
(c) Any electrical work governed under article(s) 500,
501, 502, 503, 504, 505, 510, 511, 513, 514, 515, or 516 NEC
(i.e., classified locations), except for electrical work in sewage pumping stations. [2003 c 399 § 602.]
Part headings not law—2003 c 399: See note following RCW
19.28.006.
19.28.101
19.28.101 Inspections—Notice to repair and
change—Disconnection—Entry—Concealment—Accessibility—Connection to utility—Permits, fees—Limitation. (1) The director shall cause an inspector to inspect all
wiring, appliances, devices, and equipment to which this
chapter applies except for basic electrical work as defined in
this chapter. The department may not require an electrical
work permit for class A basic electrical work unless deficiencies in the installation or repair require inspection. The
department may inspect class B basic electrical work on a
random basis as specified by the department in rule. Nothing
contained in this chapter may be construed as providing any
authority for any subdivision of government to adopt by ordinance any provisions contained or provided for in this chapter except those pertaining to cities and towns pursuant to
RCW 19.28.010(3).
(2) Upon request, electrical inspections will be made by
the department within forty-eight hours, excluding holidays,
Saturdays, and Sundays. If, upon written request, the electrical inspector fails to make an electrical inspection within
twenty-four hours, the serving utility may immediately connect electrical power to the installation if the necessary electrical work permit is displayed: PROVIDED, That if the
request is for an electrical inspection that relates to a mobile
home installation, the applicant shall provide proof of a current building permit issued by the local government agency
authorized to issue such permits as a prerequisite for inspection approval or connection of electrical power to the mobile
home.
[2003 RCW Supp—page 211]
19.28.141
Title 19 RCW: Business Regulations—Miscellaneous
(3) Whenever the installation of any wiring, device,
appliance, or equipment is not in accordance with this chapter, or is in such a condition as to be dangerous to life or property, the person, firm, partnership, corporation, or other entity
owning, using, or operating it shall be notified by the department and shall within fifteen days, or such further reasonable
time as may upon request be granted, make such repairs and
changes as are required to remove the danger to life or property and to make it conform to this chapter. The director,
through the inspector, is hereby empowered to disconnect or
order the discontinuance of electrical service to conductors or
equipment that are found to be in a dangerous or unsafe condition and not in accordance with this chapter. Upon making
a disconnection the inspector shall attach a notice stating that
the conductors have been found dangerous to life or property
and are not in accordance with this chapter. It is unlawful for
any person to reconnect such defective conductors or equipment without the approval of the department, and until the
conductors and equipment have been placed in a safe and
secure condition, and in a condition that complies with this
chapter.
(4) The director, through the electrical inspector, has the
right during reasonable hours to enter into and upon any
building or premises in the discharge of his or her official
duties for the purpose of making any inspection or test of the
installation of new construction or altered electrical wiring,
electrical devices, equipment, or material contained in or on
the buildings or premises. No electrical wiring or equipment
subject to this chapter may be concealed until it has been
approved by the inspector making the inspection. At the time
of the inspection, electrical wiring or equipment subject to
this chapter must be sufficiently accessible to permit the
inspector to employ any testing methods that will verify conformance with the national electrical code and any other
requirements of this chapter.
(5) Persons, firms, partnerships, corporations, or other
entities making electrical installations shall obtain inspection
and approval from an authorized representative of the department as required by this chapter before requesting the electric
utility to connect to the installations. Electric utilities may
connect to the installations if approval is clearly indicated by
certification of the electrical work permit required to be
affixed to each installation or by equivalent means, except
that increased or relocated services may be reconnected
immediately at the discretion of the utility before approval if
an electrical work permit is displayed. The permits shall be
furnished upon payment of the fee to the department.
(6) The director, subject to the recommendations and
approval of the board, shall set by rule a schedule of license
and electrical work permit fees that will cover the costs of
administration and enforcement of this chapter. The rules
shall be adopted in accordance with the administrative procedure act, chapter 34.05 RCW. No fee may be charged for
plug-in mobile homes, recreational vehicles, or portable
appliances.
(7) Nothing in this chapter shall authorize the inspection
of any wiring, appliance, device, or equipment, or installations thereof, by any utility or by any person, firm, partnership, corporation, or other entity employed by a utility in connection with the installation, repair, or maintenance of lines,
wires, apparatus, or equipment owned by or under the control
[2003 RCW Supp—page 212]
of the utility. All work covered by the national electric code
not exempted by the 1981 edition of the national electric code
90-2(B)(5) shall be inspected by the department. [2003 c 399
§ 201; 1996 c 241 § 4; 1992 c 240 § 2; 1989 c 344 § 1; 1988
c 81 § 7; 1983 c 206 § 7; 1971 ex.s. c 129 § 2; 1969 ex.s. c 71
§ 4; 1967 c 88 § 3; 1965 ex.s. c 117 § 5; 1963 c 207 § 3; 1959
c 325 § 2; 1935 c 169 § 8; RRS § 8307-8. Formerly RCW
19.28.210, 19.28.220, 19.28.230, 19.28.240.]
Part headings not law—2003 c 399: See note following RCW
19.28.006.
Effective date—1971 ex.s. c 129: See note following RCW 19.28.041.
Adoption of certain regulations proscribed: RCW 36.32.125.
RCW 19.28.101 inapplicable in certain cities, towns, electricity supply
agency service areas, and rights of way of state highways: RCW
19.28.141.
19.28.141
19.28.141 RCW 19.28.101 inapplicable in certain cities and towns, electricity supply agency service areas, and
rights of way of state highways. (1) Except as provided in
subsection (2) of this section, the provisions of RCW
19.28.101 shall not apply:
(a) Within the corporate limits of any incorporated city
or town which has heretofore adopted and enforced or subsequently adopts and enforces an ordinance requiring an equal,
higher or better standard of construction and of materials,
devices, appliances and equipment than is required by this
chapter.
(b) Within the service area of an electricity supply
agency owned and operated by a city or town which is supplying electricity and enforcing a standard of construction
and materials outside its corporate limits [on] July 1, 1963.
The city, town, or agency shall enforce by inspection within
its service area outside its corporate limits the same standards
of construction and of materials, devices, appliances and
equipment as are enforced by the department of labor and
industries under this chapter. Fees charged in connection
with such enforcement shall not exceed those established in
RCW 19.28.101.
(c) Within the rights of way of state highways, provided
the state department of transportation maintains and enforces
an equal, higher or better standard of construction and of
materials, devices, appliances and equipment than is required
by RCW 19.28.010 through 19.28.141 and 19.28.311 through
19.28.361.
(2) A city, town, or electrical supply agency is permitted,
but not required, to enforce the same permitting and inspection standards applicable to basic electrical work as are
enforced by the department of labor and industries. [2003 c
399 § 202; 2001 c 211 § 9; 1986 c 156 § 12; 1967 ex.s. c 97
§ 1; 1963 c 207 § 4; 1959 c 325 § 3. Formerly RCW
19.28.360.]
Part headings not law—2003 c 399: See note following RCW
19.28.006.
Effective date—1963 c 207: See RCW 19.28.910.
19.28.191
19.28.191 Certificate of competency—Eligibility for
examination—Rules. (1) Upon receipt of the application,
the department shall review the application and determine
whether the applicant is eligible to take an examination for
the master journeyman electrician, journeyman electrician,
Electricians and Electrical Installations
master specialty electrician, or specialty electrician certificate of competency.
(a) Before July 1, 2005, an applicant who possesses a
valid journeyman electrician certificate of competency in
effect for the previous four years and a valid general administrator's certificate may apply for a master journeyman electrician certificate of competency without examination.
(b) Before July 1, 2005, an applicant who possesses a
valid specialty electrician certificate of competency, in the
specialty applied for, for the previous two years and a valid
specialty administrator's certificate, in the specialty applied
for, may apply for a master specialty electrician certificate of
competency without examination.
(c) Before December 1, 2003, the following persons may
obtain an equipment repair specialty electrician certificate of
competency without examination:
(i) A person who has successfully completed an apprenticeship program approved under chapter 49.04 RCW for the
machinist trade; and
(ii) A person who provides evidence in a form prescribed
by the department affirming that: (A) He or she was
employed as of April 1, 2003, by a factory-authorized equipment dealer or service company; and (B) he or she has
worked in equipment repair for a minimum of four thousand
hours.
(d) To be eligible to take the examination for a master
journeyman electrician certificate of competency the applicant must have possessed a valid journeyman electrician certificate of competency for four years.
(e) To be eligible to take the examination for a master
specialty electrician certificate of competency the applicant
must have possessed a valid specialty electrician certificate
of competency, in the specialty applied for, for two years.
(f) To be eligible to take the examination for a journeyman certificate of competency the applicant must have:
(i) Worked in the electrical construction trade for a minimum of eight thousand hours, of which four thousand hours
shall be in industrial or commercial electrical installation
under the supervision of a master journeyman electrician or
journeyman electrician and not more than a total of four thousand hours in all specialties under the supervision of a master
journeyman electrician, journeyman electrician, master specialty electrician working in that electrician's specialty, or
specialty electrician working in that electrician's specialty.
Speciality electricians with less than a four thousand hour
work experience requirement cannot credit the time required
to obtain that specialty towards qualifying to become a journeyman electrician; or
(ii) Successfully completed an apprenticeship program
approved under chapter 49.04 RCW for the electrical construction trade.
(g) To be eligible to take the examination for a specialty
electrician certificate of competency the applicant must have:
(i) Worked in the residential (as specified in WAC 29646A-930(2)(a)), pump and irrigation (as specified in WAC
296-46A-930(2)(b)(i)), sign (as specified in WAC 296-46A930(2)(c)), limited energy (as specified in WAC 296-46A930(2)(e)(i)), nonresidential maintenance (as specified in
WAC 296-46A-930(2)(f)(i)), or other new nonresidential
specialties as determined by the department in rule under the
supervision of a master journeyman electrician, journeyman
19.28.191
electrician, master specialty electrician working in that electrician's specialty, or specialty electrician working in that
electrician's specialty for a minimum of four thousand hours;
or
(ii) Worked in the appliance repair specialty as determined by the department in rule, restricted nonresidential
maintenance as determined by the department in rule, the
equipment repair specialty as determined by the department
in rule, or a specialty other than the designated specialties in
(g)(i) of this subsection for a minimum of the initial ninety
days, or longer if set by rule by the department. The
restricted nonresidential maintenance specialty is limited to a
maximum of 277 volts and 20 amperes for lighting branch
circuits and/or a maximum of 250 volts and 60 amperes for
other circuits, but excludes the replacement or repair of circuit breakers. The initial period must be spent under one hundred percent supervision of a master journeyman electrician,
journeyman electrician, master specialty electrician working
in that electrician's specialty, or specialty electrician working
in that electrician's specialty. After this initial period, a person may take the specialty examination. If the person passes
the examination, the person may work unsupervised for the
balance of the minimum hours required for certification. A
person may not be certified as a specialty electrician in the
appliance repair specialty or in a specialty other than the designated specialities in (g)(i) of this subsection, however, until
the person has worked a minimum of two thousand hours in
that specialty, or longer if set by rule by the department; or
(iii) Successfully completed an approved apprenticeship
program under chapter 49.04 RCW for the applicant's specialty in the electrical construction trade.
(h) Any applicant for a journeyman electrician certificate
of competency who has successfully completed a two-year
program in the electrical construction trade at public community or technical colleges, or not-for-profit nationally accredited technical or trade schools licensed by the work force
training and education coordinating board under chapter
28C.10 RCW may substitute up to two years of the technical
or trade school program for two years of work experience
under a master journeyman electrician or journeyman electrician. The applicant shall obtain the additional two years of
work experience required in industrial or commercial electrical installation prior to the beginning, or after the completion,
of the technical school program. Any applicant who has
received training in the electrical construction trade in the
armed service of the United States may be eligible to apply
armed service work experience towards qualification to take
the examination for the journeyman electrician certificate of
competency.
(i) An applicant for a specialty electrician certificate of
competency who, after January 1, 2000, has successfully
completed a two-year program in the electrical construction
trade at a public community or technical college, or a not-forprofit nationally accredited technical or trade school licensed
by the work force training and education coordinating board
under chapter 28C.10 RCW, may substitute up to one year of
the technical or trade school program for one year of work
experience under a master journeyman electrician, journeyman electrician, master specialty electrician working in that
electrician's specialty, or specialty electrician working in that
electrician's specialty. Any applicant who has received train[2003 RCW Supp—page 213]
19.28.261
Title 19 RCW: Business Regulations—Miscellaneous
19.28.261
ing in the electrical construction trade in the armed services
of the United States may be eligible to apply armed service
work experience towards qualification to take the examination for an appropriate specialty electrician certificate of
competency.
(j) The department must determine whether hours of
training and experience in the armed services or school program are in the electrical construction trade and appropriate
as a substitute for hours of work experience. The department
must use the following criteria for evaluating the equivalence
of classroom electrical training programs and work in the
electrical construction trade:
(i) A two-year electrical training program must consist of
three thousand or more hours.
(ii) In a two-year electrical training program, a minimum
of two thousand four hundred hours of student/instructor contact time must be technical electrical instruction directly
related to the scope of work of the electrical specialty. Student/instructor contact time includes lecture and in-school
lab.
(iii) The department may not allow credit for a program
that accepts more than one thousand hours transferred from
another school's program.
(iv) Electrical specialty training school programs of less
than two years will have all of the above student/instructor
contact time hours proportionately reduced. Such programs
may not apply to more than fifty percent of the work experience required to attain certification.
(v) Electrical training programs of less than two years
may not be credited towards qualification for journeyman
electrician unless the training program is used to gain qualification for a four thousand hour electrical specialty.
(k) No other requirement for eligibility may be imposed.
(2) The department shall establish reasonable rules for
the examinations to be given applicants for certificates of
competency. In establishing the rules, the department shall
consult with the board. Upon determination that the applicant is eligible to take the examination, the department shall
so notify the applicant, indicating the time and place for taking the examination.
(3) No noncertified individual may work unsupervised
more than one year beyond the date when the trainee would
be eligible to test for a certificate of competency if working
on a full-time basis after original application for the trainee
certificate. For the purposes of this section, full-time basis
means two thousand hours. [2003 c 399 § 601; 2003 c 211 §
1; 2002 c 249 § 5; 1997 c 309 § 3; 1988 c 81 § 13; 1983 c 206
§ 14; 1980 c 30 § 4. Formerly RCW 19.28.530.]
Reviser's note: This section was amended by 2003 c 211 § 1 and by
2003 c 399 § 601, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 399 §§ 501, 601, and 701: "Sections *501,
601, and 701 of this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its
existing public institutions, and take effect immediately [May 20, 2003]."
[2003 c 399 § 902.]
*Reviser's note: Section 501, chapter 399, Laws of 2003 was vetoed by
the governor.
Part headings not law—2003 c 399: See note following RCW
19.28.006.
[2003 RCW Supp—page 214]
19.28.261 Exemptions from RCW 19.28.161 through
19.28.271. (1) Nothing in RCW 19.28.161 through
19.28.271 shall be construed to require that a person obtain a
license or a certified electrician in order to do electrical work
at his or her residence or farm or place of business or on other
property owned by him or her unless the electrical work is on
the construction of a new building intended for rent, sale, or
lease. However, if the construction is of a new residential
building with up to four units intended for rent, sale, or lease,
the owner may receive an exemption from the requirement to
obtain a license or use a certified electrician if he or she provides a signed affidavit to the department stating that he or
she will be performing the work and will occupy one of the
units as his or her principal residence. The owner shall apply
to the department for this exemption and may only receive an
exemption once every twenty-four months. It is intended that
the owner receiving this exemption shall occupy the unit as
his or her principal residence for twenty-four months after
completion of the units.
(2) Nothing in RCW 19.28.161 through 19.28.271 shall
be intended to derogate from or dispense with the requirements of any valid electrical code enacted by a city or town
pursuant to RCW 19.28.010(3), except that no code shall
require the holder of a certificate of competency to demonstrate any additional proof of competency or obtain any other
license or pay any fee in order to engage in the electrical construction trade.
(3) RCW 19.28.161 through 19.28.271 shall not apply to
common carriers subject to Part I of the Interstate Commerce
Act, nor to their officers and employees.
(4) Nothing in RCW 19.28.161 through 19.28.271 shall
be deemed to apply to the installation or maintenance of telephone, telegraph, radio, or television wires and equipment;
nor to any electrical utility or its employees in the installation, repair, and maintenance of electrical wiring, circuits,
and equipment by or for the utility, or comprising a part of its
plants, lines or systems.
(5) The licensing provisions of RCW 19.28.161 through
19.28.271 shall not apply to:
(a) Persons making electrical installations on their own
property or to regularly employed employees working on the
premises of their employer, unless the electrical work is on
the construction of a new building intended for rent, sale, or
lease;
(b) Employees of an employer while the employer is performing utility type work of the nature described in RCW
19.28.091 so long as such employees have registered in the
state of Washington with or graduated from a state-approved
outside lineman apprenticeship course that is recognized by
the department and that qualifies a person to perform such
work;
(c) Any work exempted under RCW 19.28.091(6); and
(d) Certified plumbers, certified residential plumbers, or
plumber trainees meeting the requirements of chapter 18.106
RCW and performing exempt work under RCW
19.28.091(8).
(6) Nothing in RCW 19.28.161 through 19.28.271 shall
be construed to restrict the right of any householder to assist
or receive assistance from a friend, neighbor, relative or other
person when none of the individuals doing the electrical
Hotels, Lodging Houses, Etc.—Restaurants
Chapter 19.48
installation hold themselves out as engaged in the trade or
business of electrical installations.
(7) Nothing precludes any person who is exempt from
the licensing requirements of this chapter under this section
from obtaining a journeyman or specialty certificate of competency if they otherwise meet the requirements of this chapter. [2003 c 399 § 302; 2001 c 211 § 19; 1998 c 98 § 2; 1994
c 157 § 1; 1992 c 240 § 3; 1986 c 156 § 16; 1983 c 206 § 21;
1980 c 30 § 12. Formerly RCW 19.28.610.]
Part headings not law—2003 c 399: See note following RCW
19.28.006.
19.28.351
19.28.351 Electrical license fund. All sums received
from licenses, permit fees, or other sources, herein shall be
paid to the state treasurer and placed in a special fund designated as the "electrical license fund," and paid out upon
vouchers duly and regularly issued therefor and approved by
the director of labor and industries or the director's designee
following determination by the board that the sums are necessary to accomplish the intent of chapter 19.28 RCW. The
treasurer shall keep an accurate record of payments into, or
receipts of, the fund, and of all disbursements therefrom.
During the 2003-2005 biennium, the legislature may
transfer moneys from the electrical license fund to the state
general fund such amounts as reflect the excess fund balance
of the fund. [2003 1st sp.s. c 25 § 910; 1988 c 81 § 11; 1979
ex.s. c 67 § 1; 1935 c 169 § 18; RRS § 8307-18. Formerly
RCW 19.28.330.]
Severability—2003 1st sp.s. c 25: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2003 1st sp.s. c 25 § 945.]
Effective date—2003 1st sp.s. c 25: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [June 26, 2003]." [2003 1st sp.s. c 25 § 946.]
Severability—1979 ex.s. c 67: "If any provision of this 1979 act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 67 § 22.]
19.28.371
19.28.371 Medical device—Installation, maintenance, or repair—Compliance with chapter—Limit of
exemption. (1) A medical device which is not in violation of
the Medical Device Amendments of 1976, Public Law No.
94-295, 90 Stat. 539, as amended from time to time, and as
interpreted by the Food and Drug Administration of the
United States Department of Health and Human Services or
its successor, shall be deemed to be in compliance with all
requirements imposed by this chapter.
(2) The installation, maintenance, or repair of a medical
device deemed in compliance with this chapter is exempt
from licensing requirements under RCW 19.28.091, certification requirements under RCW 19.28.161, and inspection
and permitting requirements under RCW 19.28.101. This
exemption does not include work providing electrical feeds
into the power distribution unit or installation of conduits and
raceways. This exemption covers only those factory engineers or third-party service companies with equivalent training who are qualified to perform such service. [2003 c 78 §
1; 1981 c 57 § 1. Formerly RCW 19.28.390.]
19.48.110
Chapter 19.48 RCW
HOTELS, LODGING HOUSES,
ETC.—RESTAURANTS
Sections
19.48.110
Obtaining hotel, restaurant, lodging house, ski area, etc.,
accommodations by fraud—Penalty. (Effective July 1,
2004.)
19.48.110
19.48.110 Obtaining hotel, restaurant, lodging house,
ski area, etc., accommodations by fraud—Penalty.
(Effective July 1, 2004.) (1)(a) Any person who willfully
obtains food, money, credit, use of ski area facilities, lodging
or accommodation at any hotel, inn, restaurant, commercial
ski area, boarding house or lodging house, without paying
therefor, with intent to defraud the proprietor, owner, operator or keeper thereof; or who obtains food, money, credit, use
of ski area facilities, lodging or accommodation at such hotel,
inn, restaurant, commercial ski area, boarding house or lodging house, by the use of any false pretense; or who, after
obtaining food, money, credit, use of ski area facilities, lodging, or accommodation at such hotel, inn, restaurant, commercial ski area, boarding house, or lodging house, removes
or causes to be removed from such hotel, inn, restaurant,
commercial ski area, boarding house or lodging house, his or
her baggage, without the permission or consent of the proprietor, manager or authorized employee thereof, before paying
for such food, money, credit, use of ski area facilities, lodging
or accommodation, is guilty of a gross misdemeanor, except
as provided in (b) of this subsection.
(b) If the aggregate amount of food, money, use of ski
area facilities, lodging or accommodation, or credit so
obtained is seventy-five dollars or more such person is guilty
of a class B felony punishable according to chapter 9A.20
RCW.
(2) Proof that food, money, credit, use of ski area facilities, lodging or accommodation were obtained by false pretense or by false or fictitious show or pretense of any baggage
or other property, or that the person refused or neglected to
pay for such food, money, credit, use of ski area facilities,
lodging or accommodation on demand, or that he or she gave
in payment for such food, money, credit, use of ski area facilities, lodging or accommodation, negotiable paper on which
payment was refused, or that he or she absconded, or
departed from, or left, the premises without paying for such
food, money, credit, use of ski area facilities, lodging or
accommodation, or that he or she removed, or attempted to
remove, or caused to be removed, or caused to be attempted
to be removed his or her property or baggage, shall be prima
facie evidence of the fraudulent intent hereinbefore mentioned. [2003 c 53 § 146; 1985 c 129 § 2; 1974 ex.s. c 21 § 1;
1929 c 216 § 6; 1915 c 190 § 7; 1890 p 96 § 2; RRS § 6866.
Formerly RCW 19.48.110, 19.48.120.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Legislative findings—1985 c 129: "The legislature finds that commercial ski areas, which contribute significantly to the economic well-being of
the state, suffer substantial financial losses from the fraudulent use of their
facilities by persons who obtain services without paying for them. It is therefore the intent of the legislature that the law that protects hotels, inns, and
restaurants from such fraud be extended to also protect commercial ski
areas." [1985 c 129 § 1.]
Leaving restaurant or hotel or motel without paying: RCW 4.24.230.
[2003 RCW Supp—page 215]
Chapter 19.68
Chapter 19.68
Title 19 RCW: Business Regulations—Miscellaneous
Chapter 19.68 RCW
REBATING BY PRACTITIONERS OF
HEALING PROFESSIONS
Sections
19.68.010
Rebating prohibited—Disclosure—List of alternative facilities. (Effective July 1, 2004.)
19.68.010
19.68.010 Rebating prohibited—Disclosure—List of
alternative facilities. (Effective July 1, 2004.) (1) It shall be
unlawful for any person, firm, corporation or association,
whether organized as a cooperative, or for profit or nonprofit,
to pay, or offer to pay or allow, directly or indirectly, to any
person licensed by the state of Washington to engage in the
practice of medicine and surgery, drugless treatment in any
form, dentistry, or pharmacy and it shall be unlawful for such
person to request, receive or allow, directly or indirectly, a
rebate, refund, commission, unearned discount or profit by
means of a credit or other valuable consideration in connection with the referral of patients to any person, firm, corporation or association, or in connection with the furnishings of
medical, surgical or dental care, diagnosis, treatment or service, on the sale, rental, furnishing or supplying of clinical
laboratory supplies or services of any kind, drugs, medication, or medical supplies, or any other goods, services or supplies prescribed for medical diagnosis, care or treatment.
(2) Ownership of a financial interest in any firm, corporation or association which furnishes any kind of clinical laboratory or other services prescribed for medical, surgical, or
dental diagnosis shall not be prohibited under this section
where (a) the referring practitioner affirmatively discloses to
the patient in writing, the fact that such practitioner has a
financial interest in such firm, corporation, or association;
and (b) the referring practitioner provides the patient with a
list of effective alternative facilities, informs the patient that
he or she has the option to use one of the alternative facilities,
and assures the patient that he or she will not be treated differently by the referring practitioner if the patient chooses
one of the alternative facilities.
(3) Any person violating this section is guilty of a misdemeanor. [2003 c 53 § 147; 1993 c 492 § 233; 1973 1st ex.s.
c 26 § 1; 1965 ex.s. c 58 § 1. Prior: 1949 c 204 § 1; Rem.
Supp. 1949 § 10185-14.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Chapter 19.76
Chapter 19.76 RCW
BEVERAGE BOTTLES, ETC.—
LABELING—REFILLING
Sections
19.76.110
19.76.130
Refilling bottles, etc.—Forbidden. (Effective July 1, 2004.)
Refilling bottles, etc.—Penalty. (Effective July 1, 2004.)
19.76.110
19.76.110 Refilling bottles, etc.—Forbidden. (Effective July 1, 2004.) It is hereby declared to be unlawful for
any person or persons hereafter, without the written consent
of the owner or owners thereof, to fill with ale, porter, lager
[2003 RCW Supp—page 216]
beer or soda, mineral water or other beverages, for sale or to
be furnished to customers, any such casks, barrels, kegs, bottles or boxes so marked or stamped, or to sell, dispose of, buy
or traffic in, or wantonly destroy any such cask, barrel, keg,
bottle or box so marked, stamped, by the owner or owners
thereof, after such owner or owners shall have complied with
the provisions of RCW 19.76.100. [2003 c 53 § 148; 1897
c 38 § 2; RRS § 11547.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Crimes relating to brands and marks: Chapter 9.16 RCW.
19.76.130
19.76.130 Refilling bottles, etc.—Penalty. (Effective
July 1, 2004.) Any person who violates RCW 19.76.100
through 19.76.120 is guilty of a misdemeanor, and upon conviction shall be fined five dollars for each and every cask,
barrel, keg, or box, and fifty cents for each and every bottle so
by him, her, or them filled, bought, sold, used, trafficked in,
or wantonly destroyed, together with costs of suit for first
offense, and ten dollars for each and every cask, barrel, keg,
and box and one dollar for each and every bottle so filled,
bought, sold, used, trafficked in, or wantonly destroyed,
together with the costs of suit for each subsequent offense.
[2003 c 53 § 149.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 19.77
Chapter 19.77 RCW
TRADEMARK REGISTRATION
Sections
19.77.010
19.77.020
19.77.050
19.77.110
19.77.115
19.77.140
19.77.150
19.77.160
19.77.010
Definitions.
Registration of certain trademarks prohibited.
Duration of certificate—Renewal—Fees—Rules.
Repealed.
Classification of goods and services.
Trademark imitation.
Remedies of registrants.
Injunctive relief for owners of famous marks.
19.77.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Alien" when used with reference to a person means
a person who is not a citizen of the United States.
(2) "Applicant" means the person filing an application
for registration of a trademark under this chapter, his or her
legal representatives, predecessors, successors, or assigns of
record with the secretary of state.
(3) "Domestic" when used with reference to a person
means a person who is a citizen of the United States.
(4) The term "colorable imitation" includes any mark
which so resembles a registered mark as to be likely to cause
confusion or mistake or to deceive.
(5) A "counterfeit" is a spurious mark which is identical
with, or substantially indistinguishable from, a registered
mark.
(6) "Dilution" means the lessening of the capacity of a
famous mark to identify and distinguish goods or services
through use of a mark by another person, regardless of the
presence or absence of (a) competition between the owner of
the famous mark and other parties, or (b) likelihood of confusion, mistake, or deception arising from that use.
Trademark Registration
(7) "Person" means any individual, firm, partnership,
corporation, association, union, or other organization capable
of suing and being sued in a court of law.
(8) "Registered mark" means a trademark registered
under this chapter.
(9) "Registrant" means the person to whom the registration of a trademark under this chapter is issued, his or her
legal representatives, successors, or assigns of record with
the secretary of state.
(10) "Trademark" or "mark" means any word, name,
symbol, or device or any combination thereof adopted and
used by a person to identify goods made or sold by him or her
and to distinguish them from goods made or sold by others,
and any word, name, symbol, or device, or any combination
thereof, and any title, designation, slogan, character name,
and distinctive feature of radio or television programs, used
by a person in the sale or advertising of services to identify
the services provided by him or her and to distinguish them
from the services of others.
(11) A trademark shall be deemed to be "used" in this
state when it is placed in the ordinary course of trade and not
merely to reserve a right in a mark in any manner on the
goods or their containers, or on tabs or labels affixed thereto,
or displayed in connection with such goods, and such goods
are sold or otherwise distributed in this state, or when it is
used or displayed in the sale or advertising of services rendered in this state.
(12) "Trade name" means any name used by a person to
identify a business or vocation of such a person.
(13) A mark shall be deemed to be "abandoned":
(a) When its use has been discontinued with intent not to
resume such use. Intent not to resume may be inferred from
circumstances. Nonuse for three consecutive years shall be
prima facie evidence of abandonment; or
(b) When any course of conduct of the registrant, including acts of omission as well as commission, causes the mark
to become the generic name for the goods or services or
causes the mark to lose its significance as an indication of
source or origin. Purchaser motivation shall not be a test for
determining abandonment under this subsection. [2003 c 34
§ 1; 1994 c 60 § 6; 1989 c 72 § 1; 1955 c 211 § 1.]
Effective date—1955 c 211: "This act shall be in force and take effect
on September 1, 1955." [1955 c 211 § 19.]
19.77.020
19.77.020 Registration of certain trademarks prohibited. (1) A trademark by which the goods or services of any
applicant for registration may be distinguished from the
goods or services of others shall not be registered if it:
(a) Consists of or comprises immoral, deceptive, or scandalous matter; or
(b) Consists of or comprises matter which may disparage
or falsely suggest a connection with persons, living or dead,
institutions, beliefs, or national symbols, or bring them into
contempt or disrepute; or
(c) Consists of or comprises the flag or coat of arms or
other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof; or
(d) Consists of or comprises the name, portrait, or signature identifying a particular living individual who has not
consented in writing to its registration; or
19.77.115
(e) Consists of or comprises a trademark which so
resembles a trademark registered in this state, or a trademark
or trade name used in this state by another prior to the date of
the applicant's or applicant's predecessor's first use in this
state and not abandoned, as to be likely, when applied to the
goods or services of the applicant, to cause confusion or mistake or to deceive.
(2) Registration under this title does not constitute prima
facie evidence that a mark is not merely descriptive, deceptively misdescriptive, or geographically descriptive or deceptively misdescriptive of the goods or services with which it is
used, or is not primarily merely a surname, unless the applicant has made substantially exclusive and continuous use
thereof as a trademark in this state or elsewhere in the United
States for the five years next preceding the date of the filing
of the application for registration.
(3) A trade name is not registrable under this chapter.
However, if a trade name also functions as a trademark, it is
registrable as a trademark.
(4) The secretary of state shall make a determination of
registerability by considering the application record and the
marks previously registered and subsisting under this chapter. [2003 c 34 § 2; 1989 c 72 § 2; 1955 c 211 § 2.]
19.77.050
19.77.050 Duration of certificate—Renewal—Fees—
Rules. Registration of a trademark hereunder shall be effective for a term of five years from the date of registration.
Upon application filed within six months prior to the expiration of such term, on a form to be furnished by the secretary
of state requiring all the allegations of an application for original registration, the registration may be renewed for successive terms of five years as to the goods or services for which
the trademark is still in use in this state. A renewal fee as set
by rule by the secretary of state, payable to the secretary of
state, shall accompany each application for renewal of the
registration.
The secretary of state shall notify registrants of trademarks hereunder or their agents for service of record with the
secretary of state of the necessity of renewal within the year,
but not less than six months, next preceding the expiration of
the unexpired original or renewed term by writing to the last
known address of the registrants or their agents according to
the files of the secretary of state. Neither the secretary of
state's failure to notify a registrant nor the registrant's nonreceipt of a notice under this section shall extend the term of a
registration or excuse the registrant's failure to renew a registration. [2003 c 34 § 3; 1994 c 60 § 3; 1989 c 72 § 5; 1982 c
35 § 182; 1955 c 211 § 5.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
19.77.110
19.77.110 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
19.77.115
19.77.115 Classification of goods and services. The
secretary of state must adopt by rule a classification of goods
and services for convenience of administration of this chapter, but not to limit or extend the applicant's or registrant's
rights, and a single application for registration of a mark may
include any or all goods upon which, or services with which,
the mark is actually being used indicating the appropriate
[2003 RCW Supp—page 217]
19.77.140
Title 19 RCW: Business Regulations—Miscellaneous
class or classes of goods or services. When a single application includes goods or services that fall within multiple
classes, the secretary of state may require payment of a fee
for each class. To the extent practical, the classification of
goods and services should conform to the classification
adopted by the United States patent and trademark office.
[2003 c 34 § 4.]
19.77.140
19.77.140 Trademark imitation. (1) Subject to the
provisions of RCW 19.77.900 any person who shall:
(a) Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a trademark registered under this chapter in connection with the
sale, offering for sale, or advertising of any goods or services
on or in connection with which such use is likely to cause
confusion or mistake or to deceive as to the source or origin
of such goods or services; or
(b) Reproduce, counterfeit, copy or colorably imitate any
such trademark and apply such reproduction, counterfeit,
copy or colorable imitation to labels, signs, prints, packages,
wrappers, receptacles, or advertisements intended to be used
upon or in connection with the sale or other distribution of
goods or services in this state on or in connection with which
such use is likely to cause confusion, or to cause mistake, or
to deceive as to the source or origin of such goods or services
shall be liable to a civil action by the registrant for any or all
of the remedies provided in RCW 19.77.150, except that
under (b) of this subsection the registrant shall not be entitled
to recover profits or damages unless the acts have been committed with the intent to cause confusion or mistake or to
deceive.
(2) In determining whether, under this chapter, there is a
likelihood of confusion, mistake, or deception between marks
when used in association with goods or services, the court
shall consider all relevant factors, including, but not limited
to the following:
(a) The similarity or dissimilarity of the marks in their
entireties to appearance, sound, meaning, connotation, and
commercial impression;
(b) The similarity or dissimilarity of the goods or services and nature of the goods and services;
(c) The similarity or dissimilarity of trade channels;
(d) The conditions under which sales are made and buyers to whom sales are made;
(e) The fame of the marks;
(f) The number and nature of similar marks in use on
similar goods or services;
(g) The nature and extent of any actual confusion;
(h) The length of time during and conditions under
which there has been concurrent use without evidence of
actual confusion;
(i) The variety of goods or services on which each of the
marks is or is not used;
(j) The nature and extent of potential confusion, i.e.,
whether de minimis or substantial;
(k) Any other established fact probative of the effect of
use. [2003 c 34 § 5; 1989 c 72 § 9; 1955 c 211 § 14.]
19.77.150
19.77.150 Remedies of registrants. Any registrant
may proceed by suit to enjoin the manufacture, use, display,
or sale of any counterfeits or colorable imitations of a trade[2003 RCW Supp—page 218]
mark registered under this chapter, and any court of competent jurisdiction may grant an injunction to restrain such manufacture, use, display, or sale as may be by the said court
deemed just and reasonable, and may require the defendants
to pay to such registrant all profits derived from and/or all
damages suffered by reason of such wrongful manufacture,
use, display, or sale; and such court may also order that any
such counterfeits or colorable imitations in the possession or
under the control of any defendant in such case be delivered
to an officer of the court, or to the registrant, to be destroyed.
The court, in its discretion, may enter judgment awarding
reasonable attorneys' fees and/or an amount not to exceed
three times such profits and damages in such cases where the
court finds the other party committed the wrongful acts in bad
faith or otherwise as according to the circumstances of the
case.
The enumeration of any right or remedy herein shall not
affect a registrant's right to prosecute under any penal law of
this state. [2003 c 34 § 6; 1989 c 72 § 11; 1955 c 211 § 15.]
19.77.160
19.77.160 Injunctive relief for owners of famous
marks. (1) The owner of a mark that is famous in this state
shall be entitled, subject to the principles of equity and upon
such terms as the court deems reasonable, to an injunction
against another person's commercial use in this state of a
mark, commencing after the mark becomes famous, which
causes dilution of the distinctive quality of the mark, and to
obtain such other relief as is provided in this section. In
determining whether a mark is famous and has distinctive
quality, a court shall consider all relevant factors, including,
but not limited to the following:
(a) The degree or inherent or acquired distinctiveness of
the mark in this state;
(b) The duration and extent of use of the mark in connection with the goods or services with which the mark is used;
(c) The duration and extent of advertising and publicity
of the mark in this state;
(d) The geographical extent of the trading area in which
the mark is used;
(e) The channels of trade for the goods or services with
which the mark is used;
(f) The degree of recognition of the mark in the trading
areas and channels of trade in this state used by the mark's
owner and the person against whom the injunction is sought;
(g) The nature and extent of use of the same or similar
marks by third parties; and
(h) Whether the mark is the subject of state registration
in this state or United States registration.
(2) The owner shall be entitled only to injunctive relief in
an action brought under this section, unless the subsequent
user willfully intended to trade on the owner's reputation or to
cause dilution of the owner's mark. If such willful intent is
proven, the owner shall also be entitled to the remedies set
forth in this chapter, subject to the discretion of the court and
the principles of equity.
(3) The following are not actionable under this section:
(a) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify
competing goods or services of the owner of the famous
mark;
(b) Noncommercial use of a famous mark; and
Regulatory Fairness Act
Chapter 19.105
19.100.210
(c) All forms of reporting and news commentary. [2003
c 34 § 7; 1989 c 72 § 10.]
Chapter 19.85
Chapter 19.85 RCW
REGULATORY FAIRNESS ACT
Sections
19.85.020
Definitions.
19.85.020
19.85.020 Definitions. Unless the context clearly indicates otherwise, the definitions in this section apply through
this chapter.
(1) "Small business" means any business entity, including a sole proprietorship, corporation, partnership, or other
legal entity, that is owned and operated independently from
all other businesses, and that has fifty or fewer employees.
(2) "Small business economic impact statement" means a
statement meeting the requirements of RCW 19.85.040 prepared by a state agency pursuant to RCW 19.85.030.
(3) "Industry" means all of the businesses in this state in
any one four-digit standard industrial classification as published by the United States department of commerce. However, if the use of a four-digit standard industrial classification would result in the release of data that would violate state
confidentiality laws, "industry" means all businesses in a
three-digit standard industrial classification. [2003 c 166 § 1;
1994 c 249 § 10; 1993 c 280 § 34; 1989 c 374 § 1; 1982 c 6 §
2.]
Effective date—1994 c 249 § 10: "Section 10 of this act shall take
effect July 1, 1994." [1994 c 249 § 37.]
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Chapter 19.86
Chapter 19.86 RCW
UNFAIR BUSINESS PRACTICES—
CONSUMER PROTECTION
Sections
19.86.145
Penalties—Animals used in biomedical research. (Effective
July 1, 2004.)
19.86.145
19.86.145 Penalties—Animals used in biomedical
research. (Effective July 1, 2004.) Any violation of RCW
9.08.070 through 9.08.078 or 16.52.220 constitutes an unfair
or deceptive practice in violation of this chapter. The relief
available under this chapter for violations of RCW 9.08.070
through 9.08.078 or 16.52.220 by a research institution shall
be limited to only monetary penalties in an amount not to
exceed two thousand five hundred dollars. [2003 c 53 § 150;
1989 c 359 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 19.100 RCW
FRANCHISE INVESTMENT PROTECTION
Chapter 19.100
19.100.210 Violations—Injunctions—Assurance of
discontinuance—Civil and criminal penalties—Chapter
nonexclusive. (Effective July 1, 2004.) (1) The attorney
general or director may bring an action in the name of the
state against any person to restrain and prevent the doing of
any act herein prohibited or declared to be unlawful. Upon a
proper showing, a permanent or temporary injunction,
restraining order, or writ of mandamus shall be granted and a
receiver or conservator may be appointed for the defendant or
the defendant's assets. The prevailing party may in the discretion of the court recover the costs of such action including
a reasonable attorneys' fee.
(2) Every person who shall violate the terms of any
injunction issued as in this chapter provided shall forfeit and
pay a civil penalty of not more than twenty-five thousand dollars.
(3) Every person who violates RCW 19.100.020,
19.100.080, 19.100.150, and 19.100.170 shall forfeit a civil
penalty of not more than two thousand dollars for each violation.
(4) For the purpose of this section the superior court issuing an injunction shall retain jurisdiction and the cause shall
be continued and in such cases the attorney general or director acting in the name of the state may petition for the recovery of civil penalties.
(5) In the enforcement of this chapter, the attorney general or director may accept an assurance of discontinuance
with the provisions of this chapter from any person deemed
by the attorney general or director in violation hereof. Any
such assurance shall be in writing, shall state that the person
giving such assurance does not admit to any violation of this
chapter or to any facts alleged by the attorney general or
director, and shall be filed with and subject to the approval of
the superior court of the county in which the alleged violator
resides or has his or her principal place of business, or in
Thurston county. Proof of failure to comply with the assurance of discontinuance shall be prima facie evidence of a violation of this chapter.
(6) Any person who willfully violates any provision of
this chapter or who willfully violates any rule adopted or
order issued under this chapter is guilty of a class B felony
and shall upon conviction be fined not more than five thousand dollars or imprisoned for not more than ten years or
both, but no person may be imprisoned for the violation of
any rule or order if he or she proves that he or she had no
knowledge of the rule or order. No indictment or information
may be returned under this chapter more than five years after
the alleged violation.
(7) Nothing in this chapter limits the power of the state to
punish any person for any conduct which constitutes a crime
by statute or at common law. [2003 c 53 § 151; 1980 c 63 §
2; 1979 ex.s. c 13 § 1; 1972 ex.s. c 116 § 13; 1971 ex.s. c 252
§ 21.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 19.105
Sections
19.100.210
Violations—Injunctions—Assurance of discontinuance—
Civil and criminal penalties—Chapter nonexclusive. (Effective July 1, 2004.)
Chapter 19.105 RCW
CAMPING RESORTS
Sections
[2003 RCW Supp—page 219]
19.105.480
19.105.480
19.105.520
Title 19 RCW: Business Regulations—Miscellaneous
Violations—As gross misdemeanors—Statute of limitations.
(Effective July 1, 2004.)
Unlawful to represent director's administrative approval as
determination as to merits of resort—Penalty. (Effective July
1, 2004.)
19.110.075
19.110.120
19.110.160
Business opportunity fraud—Penalties. (Effective July 1,
2004.)
Unlawful acts. (Effective July 1, 2004.)
Actions by attorney general or prosecuting attorney to enjoin
violations—Injunction—Appointment of receiver or conservator—Civil penalties. (Effective July 1, 2004.)
19.105.480
19.105.480 Violations—As gross misdemeanors—
Statute of limitations. (Effective July 1, 2004.) (1) Any
person who willfully fails to register an offering of camping
resort contracts under this chapter is guilty of a gross misdemeanor.
(2) It is a gross misdemeanor for any person in connection with the offer or sale of any camping resort contracts
willfully and knowingly:
(a) To make any untrue or misleading statement of a
material fact, or to omit to state a material fact necessary in
order to make the statements made, in the light of the circumstances under which they are made, not misleading;
(b) To employ any device, scheme, or artifice to defraud;
(c) To engage in any act, practice, or course of business
which operates or would operate as a fraud or deceit upon any
person;
(d) To file, or cause to be filed, with the director any document which contains any untrue or misleading information;
(e) To breach any impound, escrow, trust, or other security arrangement provided for by this chapter;
(f) To cause the breaching of any trust, escrow, impound,
or other arrangement placed in a registration for compliance
with RCW 19.105.336; or
(g) To employ unlicensed salespersons or permit salespersons or employees to make misrepresentations or violate
this chapter.
(3) No indictment or information may be returned under
this chapter more than five years after the date of the event
alleged to have been a violation. [2003 c 53 § 152; 1988 c
159 § 24; 1982 c 69 § 19.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
19.110.075
19.110.075 Business opportunity fraud—Penalties.
(Effective July 1, 2004.) (1) Any person who violates RCW
19.110.050 or 19.110.070 is guilty of a gross misdemeanor.
(2) Any person who knowingly violates RCW
19.110.050 or 19.110.070 is guilty of a class B felony punishable according to chapter 9A.20 RCW.
(3) No indictment or information for a felony may be
returned under this chapter more than five years after the
alleged violation. [2003 c 53 § 156.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
19.110.120
19.110.120 Unlawful acts. (Effective July 1, 2004.)
(1) It is unlawful for any person to:
(a) Make any untrue or misleading statement of a material fact or to omit to state a material fact in connection with
the offer, sale, or lease of any business opportunity in the
state; or
(b) Employ any device, scheme, or artifice to defraud; or
(c) Engage in any act, practice, or course of business
which operates or would operate as a fraud or deceit upon any
person; or
(d) Knowingly file or cause to be filed with the director
any document which contains any untrue or misleading information; or
(e) Knowingly violate any rule or order of the director.
(2) A violation of this section is a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 154;
1981 c 155 § 12.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
19.105.520
19.105.520 Unlawful to represent director's administrative approval as determination as to merits of resort—
Penalty. (Effective July 1, 2004.) (1) Neither the fact that an
application for registration nor the written disclosures
required by this chapter have been filed, nor the fact that a
camping resort contract offering has been effectively registered or exempted, constitutes a finding by the director that
the offering or any document filed under this chapter is true,
complete, and not misleading, nor does the fact mean that the
director has determined in any way the merits or qualifications of or recommended or given approval to any person,
camping resort operator, or camping resort contract transaction.
(2) It is a gross misdemeanor to make or cause to be
made to any prospective purchaser any representation inconsistent with this section. [2003 c 53 § 153; 1988 c 159 § 26;
1982 c 69 § 24.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 19.110 RCW
BUSINESS OPPORTUNITY FRAUD ACT
Chapter 19.110
Sections
[2003 RCW Supp—page 220]
19.110.160
19.110.160 Actions by attorney general or prosecuting attorney to enjoin violations—Injunction—Appointment of receiver or conservator—Civil penalties. (Effective July 1, 2004.) (1)(a) The attorney general, in the name of
the state or the director, or the proper prosecuting attorney
may bring an action to enjoin any person from violating any
provision of this chapter. Upon proper showing, the superior
court shall grant a permanent or temporary injunction,
restraining order, or writ of mandamus.
The court may make such additional orders or judgments
as may be necessary to restore to any person in interest and
money or property, real or personal, which may have been
acquired by means of an act prohibited or declared unlawful
by this chapter.
The prevailing party may recover costs of the action,
including a reasonable attorney's fee.
(b) The superior court issuing an injunction shall retain
jurisdiction. Any person who violates the terms of an injunction shall pay a civil penalty of not more than twenty-five
thousand dollars.
(2) The attorney general, in the name of the state or the
director, or the proper prosecuting attorney may apply to the
superior court to appoint a receiver or conservator for any
Motor Vehicle Subleasing or Transfer
person, or the assets of any person, who is subject to a cease
and desist order, permanent or temporary injunction, restraining order, or writ of mandamus.
(3) Any person who violates any provision of this chapter except as provided in subsection (1)(b) of this section, is
subject to a civil penalty not to exceed two thousand dollars
for each violation. Civil penalties authorized by this subsection may be imposed in any civil action brought by the attorney general or proper prosecuting attorney under this chapter
and shall be deposited in the state treasury. Any action for
recovery of such civil penalty shall be commenced within
five years.
(4) The director may refer evidence concerning violations of this chapter to the attorney general or proper prosecuting attorney. The prosecuting attorney, or the attorney
general pursuant to authority granted by RCW 10.01.190,
43.10.230, 43.10.232, and 43.10.234 may, with or without
such reference, institute appropriate criminal proceedings.
[2003 c 53 § 155; 1981 c 155 § 16.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 19.116 RCW
MOTOR VEHICLE SUBLEASING OR TRANSFER
Chapter 19.116
Sections
19.116.080
Unlawful subleasing or transfer—Class C felony. (Effective
July 1, 2004.)
19.116.080
19.116.080 Unlawful subleasing or transfer—Class C
felony. (Effective July 1, 2004.) (1) Unlawful subleasing of
a motor vehicle is a class C felony punishable under chapter
9A.20 RCW.
(2) Unlawful transfer of an ownership interest in a motor
vehicle is a class C felony punishable under chapter 9A.20
RCW. [2003 c 53 § 157; 1990 c 44 § 9.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 19.126 RCW
WHOLESALE DISTRIBUTORS AND SUPPLIERS OF
MALT BEVERAGES
Chapter 19.126
Sections
19.126.010
19.126.020
19.126.010
Purpose.
Definitions.
19.126.010 Purpose. (1) The legislature recognizes that
both suppliers and wholesale distributors of malt beverages
are interested in the goal of best serving the public interest
through the fair, efficient, and competitive distribution of
such beverages. The legislature encourages them to achieve
this goal by:
(a) Assuring the wholesale distributor's freedom to manage the business enterprise, including the wholesale distributor's right to independently establish its selling prices; and
(b) Assuring the supplier and the public of service from
wholesale distributors who will devote their best competitive
efforts and resources to sales and distribution of the supplier's
products which the wholesale distributor has been granted the
right to sell and distribute.
Chapter 19.138
(2) This chapter governs the relationship between suppliers of malt beverages and their wholesale distributors to the
full extent consistent with the Constitution and laws of this
state and of the United States. [2003 c 59 § 1; 1984 c 169 §
1.]
Effective date—2003 c 59: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 17, 2003]." [2003 c 59 § 3.]
19.126.020
19.126.020 Definitions. The definitions set forth in this
section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Agreement of distributorship" means any contract,
agreement, commercial relationship, license, association, or
any other arrangement, for a definite or indefinite period,
between a supplier and distributor.
(2) "Distributor" means any person, including but not
limited to a component of a supplier's distribution system
constituted as an independent business, importing or causing
to be imported into this state, or purchasing or causing to be
purchased within this state, any malt beverage for sale or
resale to retailers licensed under the laws of this state, regardless of whether the business of such person is conducted
under the terms of any agreement with a malt beverage manufacturer.
(3) "Supplier" means any malt beverage manufacturer or
importer who enters into or is a party to any agreement of distributorship with a wholesale distributor. "Supplier" does not
include: (a) Any domestic brewer or microbrewer licensed
under RCW 66.24.240 and producing less than fifty thousand
barrels of malt liquor annually; or (b) any brewer or manufacturer of malt liquor producing less than fifty thousand barrels
of malt liquor annually and holding a certificate of approval
issued under RCW 66.24.270.
(4) "Malt beverage manufacturer" means every brewer,
fermenter, processor, bottler, or packager of malt beverages
located within or outside this state, or any other person,
whether located within or outside this state, who enters into
an agreement of distributorship for the resale of malt beverages in this state with any wholesale distributor doing business in the state of Washington.
(5) "Importer" means any distributor importing beer into
this state for sale to retailer accounts or for sale to other
wholesalers designated as "subjobbers" for resale.
(6) "Person" means any natural person, corporation, partnership, trust, agency, or other entity, as well as any individual officers, directors, or other persons in active control of the
activities of such entity. [2003 c 59 § 2; 1997 c 321 § 41;
1984 c 169 § 2.]
Effective date—2003 c 59: See note following RCW 19.126.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Chapter 19.138
Chapter 19.138 RCW
SELLERS OF TRAVEL
(Formerly: Travel charter and tour operators)
Sections
19.138.140
Trust account—Filing—Notice of change—Other funds or
accounts—Rules—Exceptions.
[2003 RCW Supp—page 221]
19.138.140
Title 19 RCW: Business Regulations—Miscellaneous
19.138.140
19.138.140 Trust account—Filing—Notice of
change—Other funds or accounts—Rules—Exceptions.
(1) A seller of travel shall deposit in a trust account maintained in a federally insured financial institution located in
Washington state, or other account approved by the director,
all sums held for more than five business days that are
received from a person or entity, for retail travel services
offered by the seller of travel. This subsection does not apply
to travel services sold by a seller of travel, when payments for
the travel services are made through the airlines reporting
corporation.
(2) The trust account or other approved account required
by this section shall be established and maintained for the
benefit of any person or entity paying money to the seller of
travel. The seller of travel shall not in any manner encumber
the amounts in trust and shall not withdraw money from the
account except the following amounts may be withdrawn at
any time:
(a) Partial or full payment for travel services to the entity
directly providing the travel service;
(b) Refunds as required by this chapter;
(c) The amount of the sales commission;
(d) Interest earned and credited to the trust account or
other approved account;
(e) Remaining funds of a purchaser once all travel services have been provided or once tickets or other similar documentation binding upon the ultimate provider of the travel
services have been provided; or
(f) Reimbursement to the seller of travel for agency operating funds that are advanced for a customer's travel services.
(3) The seller of travel may deposit noncustomer funds
into the trust account as needed in an amount equal to a deficiency resulting from dishonored customer payments made
by check, draft, credit card, debit card, or other negotiable
instrument.
(4) At the time of registration, the seller of travel shall
file with the department the account number and the name of
the financial institution at which the trust account or other
approved account is held as set forth in RCW 19.138.110.
The seller of travel shall notify the department of any change
in the account number or location within one business day of
the change.
(5) The director, by rule, may allow for the use of other
types of funds or accounts only if the protection for consumers is no less than that provided by this section.
(6) The seller of travel need not comply with the requirements of this section if all of the following apply, except as
exempted in subsection (1) of this section:
(a) The payment is made by credit card;
(b) The seller of travel does not deposit, negotiate, or
factor the credit card charge or otherwise seek to obtain payment of the credit card charge to any account over which the
seller of travel has any control; and
(c) If the charge includes transportation, the carrier that
is to provide the transportation processes the credit card
charge, or if the charge is only for services, the provider of
services processes the credit card charges.
(7) The seller of travel need not maintain a trust account
nor comply with the trust account provisions of this section if
the seller of travel:
[2003 RCW Supp—page 222]
(a)(i) Files and maintains a surety bond approved by the
director in an amount of not less than ten thousand nor more
than fifty thousand dollars, as determined by rule by the
director based on the gross income of business conducted for
Washington state residents by the seller of travel during the
prior year. The bond shall be executed by the applicant as
obligor by a surety company authorized to transact business
in this state naming the state of Washington as obligee for the
benefit of any person or persons who have suffered monetary
loss by reason of the seller of travel's violation of this chapter
or a rule adopted under this chapter. The bond shall be conditioned that the seller of travel will conform to and abide by
this chapter and all rules adopted under this chapter, and shall
reimburse any person or persons who suffer monetary loss by
reason of a violation of this chapter or a rule adopted under
this chapter.
(ii) The bond must be continuous and may be canceled
by the surety upon the surety giving written notice to the
director of the surety's intent to cancel the bond. The cancellation is effective thirty days after the notice is received by
the director.
(iii) The applicant may obtain the bond directly from the
surety or through other bonding arrangement as approved by
the director.
(iv) In lieu of a surety bond, the applicant may, upon
approval by the director, file with the director a certificate of
deposit, an irrevocable letter of credit, or such other instrument as is approved by the director by rule, drawn in favor of
the director for an amount equal to the required bond.
(v) Any person or persons who have suffered monetary
loss by any act which constitutes a violation of this chapter or
a rule adopted under this chapter may bring a civil action in
court against the seller of travel and the surety upon such
bond or approved alternate security of the seller of travel who
committed the violation of this chapter or a rule adopted
under this chapter or who employed the seller of travel who
committed such violation. A civil action brought in court
pursuant to the provisions of this section must be filed no
later than one year following the later of the alleged violation
of this chapter or a rule adopted under this chapter or completion of the travel by the customer; or
(b) Is a member in good standing in a professional association, such as the United States tour operators association
or national tour association, that is approved by the director
and that provides or requires a member to provide a minimum
of one million dollars in errors and professional liability
insurance and provides a surety bond or equivalent protection
in an amount of at least two hundred fifty thousand dollars for
its member companies.
(8) If the seller of travel maintains its principal place of
business in another state and maintains a trust account or
other approved account in that state consistent with the
requirement of this section, and if that seller of travel has
transacted business within the state of Washington in an
amount exceeding five million dollars for the preceding year,
the out-of-state trust account or other approved account may
be substituted for the in-state account required under this section. [2003 c 38 § 1; 1999 c 238 § 6; 1996 c 180 § 7; 1994 c
237 § 8.]
Severability—1999 c 238: See note following RCW 19.138.030.
Effective date—1996 c 180: See note following RCW 19.138.021.
Mortgage Broker Practices Act
Chapter 19.146 RCW
MORTGAGE BROKER PRACTICES ACT
Chapter 19.146
19.158.020
Effective dates—1993 c 468: See note following RCW 19.146.200.
Chapter 19.158 RCW
COMMERCIAL TELEPHONE SOLICITATION
Chapter 19.158
Sections
19.146.050
19.146.110
Moneys for third-party provider services deemed in trust—
Deposit of moneys in trust account—Use of trust account—
Rules—Tax treatment. (Effective July 1, 2004.)
Criminal penalty. (Effective July 1, 2004.)
Sections
19.158.020
19.158.160
Definitions.
Penalties. (Effective July 1, 2004.)
19.146.050
19.146.050 Moneys for third-party provider services
deemed in trust—Deposit of moneys in trust account—
Use of trust account—Rules—Tax treatment. (Effective
July 1, 2004.) (1) All moneys received by a mortgage broker
from a borrower for payment of third-party provider services
shall be deemed as held in trust immediately upon receipt by
the mortgage broker. A mortgage broker shall deposit, prior
to the end of the third business day following receipt of such
trust funds, all such trust funds in a trust account of a federally insured financial institution located in this state. All trust
account funds collected under this chapter must remain on
deposit in a trust account in the state of Washington until disbursement. The trust account shall be designated and maintained for the benefit of borrowers. Moneys maintained in
the trust account shall be exempt from execution, attachment,
or garnishment. A mortgage broker shall not in any way
encumber the corpus of the trust account or commingle any
other operating funds with trust account funds. Withdrawals
from the trust account shall be only for the payment of bona
fide services rendered by a third-party provider or for refunds
to borrowers.
(2) The director shall make rules which: (a) Direct mortgage brokers how to handle checks and other instruments that
are received by the broker and that combine trust funds with
other funds; and (b) permit transfer of trust funds out of the
trust account for payment of other costs only when necessary
and only with the prior express written permission of the borrower.
(3) Any interest earned on the trust account shall be
refunded or credited to the borrowers at closing.
(4) Trust accounts that are operated in a manner consistent with this section and any rules adopted by the director,
are not considered gross receipts taxable under chapter 82.04
RCW.
(5) A person violating this section is guilty of a class C
felony punishable according to chapter 9A.20 RCW. [2003 c
53 § 158; 1998 c 311 § 1; 1997 c 106 § 5; 1987 c 391 § 7.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Intent—Retroactive application—1998 c 311: "The intent of sections
1 and 3 of this act is to clarify the original intent of sections 5 and 21, chapter
106, Laws of 1997 and shall not be construed otherwise. Therefore, sections
1 and 3 of this act apply retroactively to July 27, 1997." [1998 c 311 § 30.]
Severability—1997 c 106: See note following RCW 19.146.010.
19.146.110
19.146.110 Criminal penalty. (Effective July 1, 2004.)
Any person who violates any provision of this chapter other
than RCW 19.146.050 or any rule or order of the director is
guilty of a misdemeanor punishable under chapter 9A.20
RCW. [2003 c 53 § 159; 1993 c 468 § 20; 1987 c 391 § 13.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
19.158.020
19.158.020 Definitions. Unless the context requires
otherwise, the definitions in this section apply throughout
this chapter.
(1) A "commercial telephone solicitor" is any person
who engages in commercial telephone solicitation, including
service bureaus.
(2) "Commercial telephone solicitation" means:
(a) An unsolicited telephone call to a person initiated by
a salesperson and conversation for the purpose of inducing
the person to purchase or invest in property, goods, or services;
(b) Other communication with a person where:
(i) A free gift, award, or prize is offered to a purchaser
who has not previously purchased from the person initiating
the communication; and
(ii) A telephone call response is invited; and
(iii) The salesperson intends to complete a sale or enter
into an agreement to purchase during the course of the telephone call;
(c) Other communication with a person which misrepresents the price, quality, or availability of property, goods, or
services and which invites a response by telephone or which
is followed by a call to the person by a salesperson;
(d) For purposes of this section, "other communication"
means a written or oral notification or advertisement transmitted through any means.
(3) A "commercial telephone solicitor" does not include
any of the following:
(a) A person engaging in commercial telephone solicitation where:
(i) The solicitation is an isolated transaction and not done
in the course of a pattern of repeated transactions of like
nature; or
(ii) Less than sixty percent of such person's prior year's
sales were made as a result of a commercial telephone solicitation as defined in this chapter. Where more than sixty percent of a seller's prior year's sales were made as a result of
commercial telephone solicitations, the service bureau contracting to provide commercial telephone solicitation services to the seller shall be deemed a commercial telephone
solicitor;
(b) A person making calls for religious, charitable, political, or other noncommercial purposes;
(c) A person soliciting business solely from purchasers
who have previously purchased from the business enterprise
for which the person is calling;
(d) A person soliciting:
(i) Without the intent to complete or obtain provisional
acceptance of a sale during the telephone solicitation; and
(ii) Who does not make the major sales presentation during the telephone solicitation; and
[2003 RCW Supp—page 223]
19.158.160
Title 19 RCW: Business Regulations—Miscellaneous
(iii) Who only makes the major sales presentation or
arranges for the major sales presentation to be made at a later
face-to-face meeting between the salesperson and the purchaser;
(e) A person selling a security which is exempt from registration under RCW 21.20.310;
(f) A person licensed under RCW 18.85.090 when the
solicited transaction is governed by that law;
(g) A person registered under RCW 18.27.060 when the
solicited transaction is governed by that law;
(h) A person licensed under RCW 48.17.150 when the
solicited transaction is governed by that law;
(i) Any person soliciting the sale of a franchise who is
registered under RCW 19.100.140;
(j) A person primarily soliciting the sale of a newspaper
of general circulation, a magazine or periodical, or contractual plans, including book or record clubs: (i) Under which
the seller provides the consumer with a form which the consumer may use to instruct the seller not to ship the offered
merchandise; and (ii) which is regulated by the federal trade
commission trade regulation concerning "use of negative
option plans by sellers in commerce";
(k) Any supervised financial institution or parent, subsidiary, or affiliate thereof. As used in this section, "supervised financial institution" means any commercial bank, trust
company, savings and loan association, mutual savings
banks, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance
lender, or insurer, provided that the institution is subject to
supervision by an official or agency of this state or the United
States;
(l) A person soliciting the sale of a prearrangement
funeral service contract registered under RCW 18.39.240 and
18.39.260;
(m) A person licensed to enter into prearrangement contracts under RCW 68.05.155 when acting subject to that
license;
(n) A person soliciting the sale of services provided by a
cable television system operating under authority of a franchise or permit;
(o) A person or affiliate of a person whose business is
regulated by the utilities and transportation commission or
the federal communications commission;
(p) A person soliciting the sale of agricultural products,
as defined in RCW 20.01.010 where the purchaser is a business;
(q) An issuer or subsidiary of an issuer that has a class of
securities that is subject to section 12 of the securities
exchange act of 1934 (15 U.S.C. Sec. 781) and that is either
registered or exempt from registration under paragraph (A),
(B), (C), (E), (F), (G), or (H) of subsection (g) of that section;
(r) A commodity broker-dealer as defined in RCW
21.30.010 and registered with the commodity futures trading
commission;
(s) A business-to-business sale where:
(i) The purchaser business intends to resell the property
or goods purchased, or
(ii) The purchaser business intends to use the property or
goods purchased in a recycling, reuse, remanufacturing or
manufacturing process;
[2003 RCW Supp—page 224]
(t) A person licensed under RCW 19.16.110 when the
solicited transaction is governed by that law;
(u) A person soliciting the sale of food intended for
immediate delivery to and immediate consumption by the
purchaser;
(v) A person soliciting the sale of food fish or shellfish
when that person is licensed pursuant to the provisions of
Title 77 RCW.
(4) "Purchaser" means a person who is solicited to
become or does become obligated to a commercial telephone
solicitor.
(5) "Salesperson" means any individual employed,
appointed, or authorized by a commercial telephone solicitor,
whether referred to by the commercial telephone solicitor as
an agent, representative, or independent contractor, who
attempts to solicit or solicits a sale on behalf of the commercial telephone solicitor.
(6) "Service bureau" means a commercial telephone
solicitor who contracts with any person to provide commercial telephone solicitation services.
(7) "Seller" means any person who contracts with any
service bureau to purchase commercial telephone solicitation
services.
(8) "Person" includes any individual, firm, association,
corporation, partnership, joint venture, sole proprietorship, or
any other business entity.
(9) "Free gift, award, or prize" means a gratuity which
the purchaser believes of a value equal to or greater than the
value of the specific product, good, or service sought to be
sold to the purchaser by the seller.
(10) "Solicit" means to initiate contact with a purchaser
for the purpose of attempting to sell property, goods or services, where such purchaser has expressed no previous interest in purchasing, investing in, or obtaining information
regarding the property, goods, or services attempted to be
sold. [2003 c 39 § 12; 1989 c 20 § 3.]
19.158.160
19.158.160 Penalties. (Effective July 1, 2004.) (1)
Except as provided in RCW 19.158.150, any person who
knowingly violates any provision of this chapter or who
knowingly, directly or indirectly employs any device, scheme
or artifice to deceive in connection with the offer or sale by
any commercial telephone solicitor is guilty of the following:
(a) If the value of a transaction made in violation of
RCW 19.158.040(1) is less than fifty dollars, the person is
guilty of a misdemeanor;
(b) If the value of a transaction made in violation of
RCW 19.158.040(1) is fifty dollars or more, then the person
is guilty of a gross misdemeanor; and
(c) If the value of a transaction made in violation of
RCW 19.158.040(1) is two hundred fifty dollars or more,
then the person is guilty of a class C felony.
(2) When any series of transactions which constitute a
violation of this section would, when considered separately,
constitute a series of misdemeanors or gross misdemeanors
because of the value of the transactions, and the series of
transactions are part of a common scheme or plan, the transactions may be aggregated in one count and the sum of the
value of all the transactions shall be the value considered in
determining whether the violations are to be punished as a
Commercial Electronic Mail
class C felony or a gross misdemeanor. [2003 c 53 § 160;
1989 c 20 § 16.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 19.190
Chapter 19.190 RCW
COMMERCIAL ELECTRONIC MAIL
19.190.070
19.190.010
(8) "Internet domain name" refers to a globally unique,
hierarchical reference to an internet host or service, assigned
through centralized internet naming authorities, comprising a
series of character strings separated by periods, with the
right-most string specifying the top of the hierarchy.
(9) "Person" means a person, corporation, partnership, or
association. [2003 c 137 § 2; 1999 c 289 § 1; 1998 c 149 § 2.]
Intent—2003 c 137: See note following RCW 19.190.060.
Sections
19.190.010
19.190.040
19.190.060
19.190.070
Definitions.
Violations—Damages.
Commercial electronic text message—Prohibition on initiation or assistance—Violation of consumer protection act.
Commercial electronic text message—When allowed.
19.190.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Assist the transmission" means actions taken by a
person to provide substantial assistance or support which
enables any person to formulate, compose, send, originate,
initiate, or transmit a commercial electronic mail message or
a commercial electronic text message when the person providing the assistance knows or consciously avoids knowing
that the initiator of the commercial electronic mail message
or the commercial electronic text message is engaged, or
intends to engage, in any practice that violates the consumer
protection act.
(2) "Commercial electronic mail message" means an
electronic mail message sent for the purpose of promoting
real property, goods, or services for sale or lease. It does not
mean an electronic mail message to which an interactive
computer service provider has attached an advertisement in
exchange for free use of an electronic mail account, when the
sender has agreed to such an arrangement.
(3) "Commercial electronic text message" means an
electronic text message sent to promote real property, goods,
or services for sale or lease.
(4) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic
mail may be sent or delivered.
(5) "Electronic text message" means a text message sent
to a cellular telephone or pager equipped with short message
service or any similar capability, whether the message is initiated as a short message service message or as an electronic
mail message.
(6) "Initiate the transmission" refers to the action by the
original sender of an electronic mail message or an electronic
text message, not to the action by any intervening interactive
computer service or wireless network that may handle or
retransmit the message, unless such intervening interactive
computer service assists in the transmission of an electronic
mail message when it knows, or consciously avoids knowing,
that the person initiating the transmission is engaged, or
intends to engage, in any act or practice that violates the consumer protection act.
(7) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that
provides access to the internet and such systems operated or
services offered by libraries or educational institutions.
19.190.040
19.190.040 Violations—Damages. (1) Damages to the
recipient of a commercial electronic mail message or a commercial electronic text message sent in violation of this chapter are five hundred dollars, or actual damages, whichever is
greater.
(2) Damages to an interactive computer service resulting
from a violation of this chapter are one thousand dollars, or
actual damages, whichever is greater. [2003 c 137 § 5; 1998
c 149 § 5.]
Intent—2003 c 137: See note following RCW 19.190.060.
19.190.060
19.190.060 Commercial electronic text message—
Prohibition on initiation or assistance—Violation of consumer protection act. (1) No person conducting business in
the state may initiate or assist in the transmission of an electronic commercial text message to a telephone number
assigned to a Washington resident for cellular telephone or
pager service that is equipped with short message capability
or any similar capability allowing the transmission of text
messages.
(2) The legislature finds that the practices covered by
this section are matters vitally affecting the public interest for
the purpose of applying the consumer protection act, chapter
19.86 RCW. A violation of this section is not reasonable in
relation to the development and preservation of business and
is an unfair or deceptive act in trade or commerce and an
unfair method of competition for the purpose of applying the
consumer protection act, chapter 19.86 RCW. [2003 c 137 §
3.]
Intent—2003 c 137: "The legislature recognizes that the number of
unsolicited commercial text messages sent to cellular telephones and pagers
is increasing. This practice is raising serious concerns on the part of cellular
telephone and pager subscribers. These unsolicited messages often result in
costs to the cellular telephone and pager subscribers in that they pay for use
when a message is received through their devices. The limited memory of
these devices can be exhausted by unwanted text messages resulting in the
inability to receive necessary and expected messages.
The legislature intents to limit the practice of sending unsolicited commercial text messages to cellular telephone or pager numbers in Washington." [2003 c 137 § 1.]
19.190.070
19.190.070 Commercial electronic text message—
When allowed. (1) It is not a violation of RCW 19.190.060
if:
(a) The commercial electronic text message is transmitted at the direction of a person offering cellular telephone or
pager service to the person's existing subscriber at no cost to
the subscriber unless the subscriber has indicated that he or
she is not willing to receive further commercial text messages
from the person; or
(b) The unsolicited commercial electronic text message
is transmitted by a person to a subscriber and the subscriber
[2003 RCW Supp—page 225]
Chapter 19.192
Title 19 RCW: Business Regulations—Miscellaneous
has clearly and affirmatively consented in advance to receive
these text messages.
(2) No person offering cellular or pager service may be
held liable for serving merely as an intermediary between the
sender and the recipient of a commercial electronic text message sent in violation of this chapter unless the person is
assisting in the transmission of the commercial electronic text
message. [2003 c 137 § 4.]
Intent—2003 c 137: See note following RCW 19.190.060.
Chapter 19.192
Chapter 19.192 RCW
PROOF OF IDENTITY
Sections
19.192.020
Verification of identity by merchant/retailer—Prohibition on
verification void.
19.192.020
19 .1 92.02 0 Verif ica tio n o f identit y by merchant/retailer—Prohibition on verification void. (1) Any
provision of a contract between a merchant or retailer and a
credit or debit card issuer, financial institution, or other person that prohibits the merchant or retailer from verifying the
identity of a customer who offers to pay for goods or services
with a credit or debit card by requiring or requesting that the
customer present additional identification is void for violation of public policy.
(2) Nothing in this section shall be interpreted as: (a)
Compelling merchants or retailers to verify identification; or
(b) interfering with the ability of the owner or manager of a
retail store or chain to make and enforce its own policies
regarding verification of identification. [2003 c 89 § 2.]
Findings—2003 c 89: "The legislature finds that financial fraud is too
common, and that it threatens the safety and well-being of the public by driving up the costs of goods and services and unduly burdening the law enforcement community. Further, the legislature finds that financial fraud can be
deterred by allowing retailers to verify the identity of persons who seek to
pay for goods or services with a credit or debit card. Finally, the legislature
finds that some retailers are deterred from verifying their customers' identity
by contractual arrangements with credit card issuers. The legislature
declares that such contracts violate the public policy that all citizens should
be able to take reasonable steps to prevent themselves and their communities
from falling victim to crime." [2003 c 89 § 1.]
Chapter 19.220
Chapter 19.220 RCW
INTERNATIONAL MATCHMAKING
ORGANIZATIONS
Sections
19.220.010
Dissemination of information—Definitions.
19.220.010
19.220.010 Dissemination of information—Definitions. (1) Each international matchmaking organization
doing business in Washington state shall disseminate to a
recruit, upon request, state background check information
and personal history information relating to any Washington
state resident about whom any information is provided to the
recruit, in the recruit's native language. The organization
shall notify all recruits that background check and personal
history information is available upon request. The notice that
background check and personal history information is available upon request shall be in the recruit's native language and
shall be displayed in a manner that separates it from other
[2003 RCW Supp—page 226]
information, is highly noticeable, and in lettering not less
than one-quarter of an inch high.
(2) If an international matchmaking organization
receives a request for information from a recruit pursuant to
subsection (1) of this section, the organization shall notify the
Washington state resident of the request. Upon receiving
notification, the Washington state resident shall obtain from
the state patrol and provide to the organization the complete
transcript of any background check information provided
pursuant to RCW 43.43.760 based on a submission of fingerprint impressions and provided pursuant to RCW 43.43.838
and shall provide to the organization his or her personal history information. The organization shall require the resident
to affirm that personal history information is complete and
accurate. The organization shall refrain from knowingly providing any further services to the recruit or the Washington
state resident in regards to facilitating future interaction
between the recruit and the Washington state resident until
the organization has obtained the requested information and
provided it to the recruit.
(3) This section does not apply to a traditional matchmaking organization of a religious nature that otherwise
operates in compliance with the laws of the countries of the
recruits of such organization and the laws of the United States
nor to any organization that does not charge a fee to any party
for the service provided.
(4) As used in this section:
(a) "International matchmaking organization" means a
corporation, partnership, business, or other legal entity,
whether or not organized under the laws of the United States
or any state, that does business in the United States and for
profit offers to Washington state residents, including aliens
lawfully admitted for permanent residence and residing in
Washington state, dating, matrimonial, or social referral services involving citizens of a foreign country or countries who
are not residing in the United States, by: (i) An exchange of
names, telephone numbers, addresses, or statistics; (ii) selection of photographs; or (iii) a social environment provided by
the organization in a country other than the United States.
(b) "Personal history information" means a declaration
of the person's current marital status, the number of previous
marriages, annulments, and dissolutions for the person, and
whether any previous marriages occurred as a result of
receiving services from an international matchmaking organization; founded allegations of child abuse or neglect; and
any existing orders under chapter 10.14, 10.99, or 26.50
RCW. Personal history information shall include information from the state of Washington and any information from
other states or countries.
(c) "Recruit" means a noncitizen, nonresident person,
recruited by an international matchmaking organization for
the purpose of providing dating, matrimonial, or social referral services. [2003 c 268 § 1; 2002 c 115 § 2.]
Chapter 19.230
Chapter 19.230 RCW
UNIFORM MONEY SERVICES ACT
Sections
19.230.005
19.230.010
19.230.020
19.230.030
Intent.
Definitions.
Application of chapter—Exclusions.
Money transmitter license required.
Uniform Money Services Act
19.230.040
19.230.050
19.230.060
19.230.070
19.230.080
19.230.090
19.230.100
19.230.110
19.230.120
19.230.130
19.230.140
19.230.150
19.230.160
19.230.170
19.230.180
19.230.190
19.230.200
19.230.210
19.230.220
19.230.230
19.230.240
19.230.250
19.230.260
19.230.270
19.230.280
19.230.290
19.230.300
19.230.310
19.230.320
19.230.330
19.230.340
19.230.900
19.230.901
19.230.902
19.230.903
19.230.904
19.230.905
Application for a money transmitter license.
Surety bond/security.
Net worth for money transmitter.
Issuance of money transmitter license.
Currency exchange license required.
Application for a currency exchange license.
Issuance of a currency exchange license—Surrender of
license.
Annual license assessment and annual report.
Relationship between licensee and authorized delegate.
Authority to conduct examinations and investigations.
Joint examinations.
Reports.
Change of control.
Records.
Money laundering reports.
Confidentiality.
Maintenance of permissible investments.
Types of permissible investments.
Administrative proceedings.
License suspension, revocation—Receivership.
Suspension and revocation of authorized delegates.
Unlicensed persons.
Temporary orders to cease and desist.
Consent orders.
Violations—Liability.
Civil penalties.
Criminal penalties.
Administration and rule-making powers.
Fees.
Money transmitter delivery, receipts, and refunds.
Prohibited practices.
Short title.
Effective date—2003 c 287.
Implementation.
Uniformity of application and construction.
Severability—2003 c 287.
Captions not law.
19.230.005
19.230.005 Intent. It is the intent of the legislature to
establish a state system of licensure and regulation to ensure
the safe and sound operation of money transmission and currency exchange businesses, to ensure that these businesses
are not used for criminal purposes, to promote confidence in
the state's financial system, and to protect the public interest.
[2003 c 287 § 2.]
19.230.010
19.230.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Affiliate" means any person who directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, another person.
(2) "Applicant" means a person that files an application
for a license under this chapter, including the applicant's proposed responsible individual and executive officers, and persons in control of the applicant.
(3) "Authorized delegate" means a person a licensee designates to provide money services on behalf of the licensee.
A person that is exempt from licensing under this chapter
cannot have an authorized delegate.
(4) "Financial institution" means any person doing business under the laws of any state or the United States relating
to commercial banks, bank holding companies, savings
banks, savings and loan associations, trust companies, or
credit unions.
(5) "Control" means:
(a) Ownership of, or the power to vote, directly or indirectly, at least twenty-five percent of a class of voting securities or voting interests of a licensee or applicant, or person in
control of a licensee or applicant;
19.230.010
(b) Power to elect a majority of executive officers, managers, directors, trustees, or other persons exercising managerial authority of a licensee or applicant, or person in control of
a licensee or applicant; or
(c) Power to exercise directly or indirectly, a controlling
influence over the management or policies of a licensee or
applicant, or person in control of a licensee or applicant.
(6) "Currency exchange" means exchanging the money
of one government for money of another government, or
holding oneself out as able to exchange the money of one
government for money of another government. The following persons are not considered currency exchangers:
(a) Affiliated businesses that engage in currency
exchange for a business purpose other than currency
exchange;
(b) A person who provides currency exchange services
for a person acting primarily for a business, commercial,
agricultural, or investment purpose when the currency
exchange is incidental to the transaction;
(c) A person who deals in coins or a person who deals in
money whose value is primarily determined because it is rare,
old, or collectible; and
(d) A person who in the regular course of business
chooses to accept from a customer the currency of a country
other than the United States in order to complete the sale of a
good or service other than currency exchange, that may
include cash back to the customer, and does not otherwise
trade in currencies or transmit money for compensation or
gain.
(7) "Executive officer" means a president, chairperson of
the executive committee, chief financial officer, responsible
individual, or other individual who performs similar functions.
(8) "Licensee" means a person licensed under this chapter.
(9) "Material litigation" means litigation that according
to generally accepted accounting principles is significant to
an applicant's or a licensee's financial health and would be
required to be disclosed in the applicant's or licensee's annual
audited financial statements, report to shareholders, or similar records.
(10) "Money" means a medium of exchange that is
authorized or adopted by the United States or a foreign government or other recognized medium of exchange. "Money"
includes a monetary unit of account established by an intergovernmental organization or by agreement between two or
more governments.
(11) "Money services" means money transmission or
currency exchange.
(12) "Money transmission" means receiving money or its
equivalent value to transmit, deliver, or instruct to be delivered the money or its equivalent value to another location,
inside or outside the United States, by any means including
but not limited to by wire, facsimile, or electronic transfer.
"Money transmission" does not include the provision solely
of connection services to the internet, telecommunications
services, or network access.
(13) "Outstanding money transmission" means the value
of all money transmissions reported to the licensee for which
the money transmitter has received money or its equivalent
value from the customer for transmission, but has not yet
[2003 RCW Supp—page 227]
19.230.020
Title 19 RCW: Business Regulations—Miscellaneous
completed the money transmission by delivering the money
or monetary value to the person designated by the customer.
(14) "Payment instrument" means a check, draft, money
order, traveler's check, or other instrument for the transmission or payment of money or its equivalent value, whether or
not negotiable. "Payment instrument" does not include a
credit card voucher, letter of credit, or instrument that is
redeemable by the issuer in goods or services.
(15) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture; government, governmental subdivision, agency, or instrumentality; public corporation; or any
other legal or commercial entity.
(16) "Record" means information that is inscribed on a
tangible medium, or that is stored in an electronic or other
medium, and is retrievable in perceivable form.
(17) "Responsible individual" means an individual who
is employed by a licensee and has principal managerial
authority over the provision of money services by the licensee in this state.
(18) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
(19) "Director" means the director of financial institutions.
(20) "Unsafe or unsound practice" means a practice or
conduct by a person licensed to provide money services, or
an authorized delegate of such a person, which creates the
likelihood of material loss, insolvency, or dissipation of the
licensee's assets, or otherwise materially prejudices the financial condition of the licensee or the interests of its customers.
(21) "Board director" means a member of the applicant's
or licensee's board of directors if the applicant is a corporation or limited liability company, or a partner if the applicant
or licensee is a partnership.
(22) "Annual license assessment due date" means the
date specified in rule by the director upon which the annual
license assessment is due.
(23) "Currency exchanger" means a person that is
engaged in currency exchange.
(24) "Money transmitter" means a person that is engaged
in money transmission.
(25) "Mobile location" means a vehicle or movable facility where money services are provided.
(26) "Stored value" means the recognition of value or
credit to the account of persons, when that value or credit is
primarily intended to be redeemed for a limited universe of
goods, intangibles, services, or other items provided by the
issuer of the stored value, its affiliates, or others involved in
transactions functionally related to the issuer or its affiliates.
[2003 c 287 § 3.]
19.230.020
19.230.020 Application of chapter—Exclusions. This
chapter does not apply to:
(1) The United States or a department, agency, or instrumentality thereof;
(2) Money transmission by the United States postal service or by a contractor on behalf of the United States postal
service;
[2003 RCW Supp—page 228]
(3) A state, county, city, or a department, agency, or
instrumentality thereof;
(4) A financial institution or its subsidiaries, affiliates,
and service corporations, or any office of an international
banking corporation, branch of a foreign bank, or corporation
organized pursuant to the Bank Service Corporation Act (12
U.S.C. Sec. 1861-1867) or a corporation organized under the
Edge Act (12 U.S.C. Sec. 611-633);
(5) Electronic funds transfer of governmental benefits
for a federal, state, county, or governmental agency by a contractor on behalf of the United States or a department,
agency, or instrumentality thereof, or a state or governmental
subdivision, agency, or instrumentality thereof;
(6) A board of trade designated as a contract market
under the federal Commodity Exchange Act (7 U.S.C. Sec. 125) or a person that, in the ordinary course of business, provides clearance and settlement services for a board of trade to
the extent of its operation as, or for, a board of trade;
(7) A registered futures commission merchant under the
federal commodities laws to the extent of its operation as
such a merchant;
(8) A person that provides clearance or settlement services under a registration as a clearing agency, or an exemption from that registration granted under the federal securities
laws, to the extent of its operation as such a provider;
(9) An operator of a payment system only to the extent
that it provides processing, clearing, or settlement services,
between or among persons who are all excluded by this section, in connection with wire transfers, credit card transactions, debit card transactions, stored-value transactions, automated clearinghouse transfers, or similar funds transfers;
(10) A person registered as a securities broker-dealer or
investment advisor under federal or state securities laws to
the extent of its operation as such a broker-dealer or investment advisor;
(11) An insurance company, title insurance company, or
escrow agent to the extent that such an entity is lawfully
authorized to conduct business in this state as an insurance
company, title insurance company, or escrow agent and to the
extent that they engage in money transmission or currency
exchange as an ancillary service when conducting insurance,
title insurance, or escrow activity;
(12) The issuance, sale, use, redemption, or exchange of
stored value or of payment instruments; or
(13) An attorney, to the extent that the attorney is lawfully authorized to practice law in this state and to the extent
that the attorney engages in money transmission or currency
exchange as an ancillary service to the practice of law. [2003
c 287 § 4.]
19.230.030
19.230.030 Money transmitter license required. (1)
A person may not engage in the business of money transmission, or advertise, solicit, or hold itself out as providing
money transmission, unless the person is:
(a) Licensed as a money transmitter under this chapter;
or
(b) An authorized delegate of a person licensed as a
money transmitter under this chapter.
(2) A money transmitter license is not transferable or
assignable. [2003 c 287 § 5.]
Uniform Money Services Act
19.230.050
19.230.040
19.230.040 Application for a money transmitter
license. (1) A person applying for a money transmitter
license under this chapter shall do so in a form and in a
medium prescribed in rule by the director. The application
must state or contain:
(a) The legal name, business addresses, and residential
address, if applicable, of the applicant and any fictitious or
trade name used by the applicant in conducting its business;
(b) The legal name, residential and business addresses,
date of birth, social security number, employment history for
the five-year period preceding the submission of the application of the applicant's proposed responsible individual, and
documentation that the proposed responsible individual is a
citizen of the United States or has obtained legal immigration
status to work in the United States. In addition, the applicant
shall provide the fingerprints of the proposed responsible
individual upon the request of the director;
(c) For the ten-year period preceding submission of the
application, a list of any criminal convictions of the proposed
responsible individual of the applicant, any material litigation
in which the applicant has been involved, and any litigation
involving the proposed responsible individual relating to the
provision of money services;
(d) A description of any money services previously provided by the applicant and the money services that the applicant seeks to provide in this state;
(e) A list of the applicant's proposed authorized delegates and the locations in this state where the applicant and its
authorized delegates propose to engage in the provision of
money services;
(f) A list of other states in which the applicant is licensed
to engage in money transmission, or provide other money
services, and any license revocations, suspensions, restrictions, or other disciplinary action taken against the applicant
in another state;
(g) A list of any license revocations, suspensions, restrictions, or other disciplinary action taken against any money
services business involving the proposed responsible individual;
(h) Information concerning any bankruptcy or receivership proceedings involving or affecting the applicant or the
proposed responsible individual;
(i) A sample form of contract for authorized delegates, if
applicable;
(j) A description of the source of money and credit to be
used by the applicant to provide money services; and
(k) Any other information regarding the background,
experience, character, financial responsibility, and general
fitness of the applicant, the applicant's responsible individual,
or authorized delegates that the director may require in rule.
(2) If an applicant is a corporation, limited liability company, partnership, or other entity, the applicant shall also provide:
(a) The date of the applicant's incorporation or formation
and state or country of incorporation or formation;
(b) If applicable, a certificate of good standing from the
state or country in which the applicant is incorporated or
formed;
(c) A brief description of the structure or organization of
the applicant, including any parent or subsidiary of the applicant, and whether any parent or subsidiary is publicly traded;
(d) The legal name, any fictitious or trade name, all business and residential addresses, date of birth, social security
number, and employment history in the ten-year period preceding the submission of the application for each executive
officer, board director, or person that has control of the applicant;
(e) If the applicant or its corporate parent is not a publicly traded entity, the director may request the fingerprints of
each executive officer, board director, or person that has control of the applicant;
(f) A list of any criminal convictions, material litigation,
and any litigation related to the provision of money services,
in the ten-year period preceding the submission of the application in which any executive officer, board director, or person in control of the applicant has been involved;
(g) A copy of the applicant's audited financial statements
for the most recent fiscal year or, if the applicant is a wholly
owned subsidiary of another corporation, the most recent
audited consolidated annual financial statement of the parent
corporation or the applicant's most recent audited consolidated annual financial statement, and in each case, if available, for the two-year period preceding the submission of the
application;
(h) A copy of the applicant's unconsolidated financial
statements for the current fiscal year, whether audited or not,
and, if available, for the two-year period preceding the submission of the application;
(i) If the applicant is publicly traded, a copy of the most
recent report filed with the United States securities and
exchange commission under section 13 of the federal Securities Exchange Act of 1934 (15 U.S.C. Sec. 78m);
(j) If the applicant is a wholly owned subsidiary of:
(i) A corporation publicly traded in the United States, a
copy of audited financial statements for the parent corporation for the most recent fiscal year or a copy of the parent corporation's most recent report filed under section 13 of the federal Securities Exchange Act of 1934 (15 U.S.C. Sec. 78m);
or
(ii) A corporation publicly traded outside the United
States, a copy of similar documentation filed with the regulator of the parent corporation's domicile outside the United
States;
(k) If the applicant has a registered agent in this state, the
name and address of the applicant's registered agent in this
state; and
(l) Any other information that the director may require in
rule regarding the applicant, each executive officer, or each
board director to determine the applicant's background, experience, character, financial responsibility, and general fitness.
(3) A nonrefundable application fee and an initial license
fee, as determined in rule by the director, must accompany an
application for a license under this chapter. The initial
license fee must be refunded if the application is denied.
(4) The director may waive one or more requirements of
subsection (1) or (2) of this section or permit an applicant to
submit other information in lieu of the required information.
[2003 c 287 § 6.]
19.230.050
19.230.050 Surety bond/security. (1) Each money
transmitter licensee shall maintain a surety bond, or other
similar security acceptable to the director, in the amount of at
[2003 RCW Supp—page 229]
19.230.060
Title 19 RCW: Business Regulations—Miscellaneous
19.230.070
least ten thousand dollars, and not exceeding fifty thousand
dollars, as defined in rule by the director, plus ten thousand
dollars per location, including locations of authorized delegates, not exceeding a total addition of five hundred thousand
dollars.
(2) The surety bond shall run to the state of Washington
as obligee, and shall run to the benefit of the state and any
person or persons who suffer loss by reason of a licensee's or
licensee's authorized delegate's violation of this chapter or the
rules adopted under this chapter. A claimant against a money
transmitter licensee may maintain an action on the bond, or
the director may maintain an action on behalf of the claimant.
(3) The surety bond shall be continuous and may be canceled by the surety upon the surety giving written notice to
the director of its intent to cancel the bond. The cancellation
is effective thirty days after the notice of cancellation is
received by the director or the director's designee. Whether
or not the bond is renewed, continued, replaced, or modified,
including increases or decreases in the penal sum, it is considered one continuous obligation, and the surety upon the
bond is not liable in an aggregate or cumulative amount
exceeding the penal sum set forth on the face of the bond. In
no event may the penal sum, or any portion thereof, at two or
more points in time, be added together in determining the
surety's liability.
(4) A surety bond or other security must cover claims for
at least five years after the date of a money transmitter licensee's violation of this chapter, or at least five years after the
date the money transmitter licensee ceases to provide money
services in this state, whichever is longer. However, the
director may permit the amount of the surety bond or other
security to be reduced or eliminated before the expiration of
that time to the extent the amount of the licensee's obligations
outstanding in this state are reduced.
(5) In the event that a money transmitter licensee does
not maintain a surety bond or other form of security satisfactory to the director in the amount required under subsection
(1) of this section, the director may issue a temporary cease
and desist order under RCW 19.230.260.
(6) The director may increase the amount of security
required to a maximum of one million dollars if the financial
condition of a money transmitter licensee so requires, as evidenced by reduction of net worth, financial losses, potential
losses as a result of violations of this chapter or rules adopted
under this chapter, or other relevant criteria specified by the
director in rule. [2003 c 287 § 7.]
19.230.060
19.230.060 Net worth for money transmitter. A
money transmitter licensed under this chapter shall maintain
a net worth, determined in accordance with generally
accepted accounting principles, as determined in rule by the
director. The director shall require a net worth of at least ten
thousand dollars and not more than fifty thousand dollars. In
the event that a licensee's net worth, as determined in accordance with generally accepted accounting principles, falls
below the amount required in rule, the director or the director's designee may initiate action under RCW 19.230.230 and
19.230.260. The licensee may request a hearing on such an
action under chapter 34.05 RCW. [2003 c 287 § 8.]
[2003 RCW Supp—page 230]
19.230.070 Issuance of money transmitter license.
(1) When an application for a money transmitter license is
filed under this chapter, the director or the director's designee
shall investigate the applicant's financial condition and
responsibility, financial and business experience, competence, character, and general fitness. The director or the
director's designee may conduct an on-site investigation of
the applicant, the cost of which must be paid by the applicant
as specified in RCW 19.230.320 or rules adopted under this
chapter. The director shall issue a money transmitter license
to an applicant under this chapter if the director or the director's designee finds that all of the following conditions have
been fulfilled:
(a) The applicant has complied with RCW 19.230.040,
19.230.050, and 19.230.060;
(b) The financial condition and responsibility, financial
and business experience, competence, character, and general
fitness of the applicant; and the competence, financial and
business experience, character, and general fitness of the
executive officers, proposed responsible individual, board
directors, and persons in control of the applicant; indicate that
it is in the interest of the public to permit the applicant to
engage in the business of providing money transmission services; and
(c) Neither the applicant, nor any executive officer, nor
person who exercises control over the applicant, nor the proposed responsible individual is listed on the specially designated nationals and blocked persons list prepared by the
United States department of the treasury or department of
state under Presidential Executive Order No. 13224.
(2) The director may for good cause extend the application review period.
(3) An applicant whose application is denied by the
director under this chapter may appeal under chapter 34.05
RCW.
(4) A money transmitter license issued under this chapter
is valid from the date of issuance and remains in effect with
no fixed date of expiration unless otherwise suspended or
revoked by the director or unless the license expires for nonpayment of the annual license assessment and any late fee, if
applicable.
(5) A money transmitter licensee may surrender a license
by delivering the original license to the director along with a
written notice of surrender. The written notice of surrender
must include notice of where the records of the licensee will
be stored and the name, address, telephone number, and other
contact information of a responsible party who is authorized
to provide access to the records. The surrender of a license
does not reduce or eliminate the licensee's civil or criminal
liability arising from acts or omissions occurring prior to the
surrender of the license, including any administrative actions
undertaken by the director or the director's designee to revoke
or suspend a license, to assess fines, to order payment of restitution, or to exercise any other authority authorized under
this chapter. [2003 c 287 § 9.]
19.230.080
19.230.080 Currency exchange license required. (1)
A person may not engage in the business of currency
exchange or advertise, solicit, or hold itself out as able to
engage in currency exchange for which the person receives
Uniform Money Services Act
revenue equal to or greater than five percent of total revenues, unless the person is:
(a) Licensed to provide currency exchange under this
chapter;
(b) Licensed for money transmission under this chapter;
or
(c) An authorized delegate of a person licensed under
this chapter.
(2) A license under this chapter is not transferable or
assignable. [2003 c 287 § 10.]
19.230.090
19.230.090 Application for a currency exchange
license. (1) A person applying for a currency exchange
license under this chapter shall do so in a form and in a
medium prescribed in rule by the director. The application
must state or contain:
(a) The legal name, business addresses, and residential
address, if applicable, of the applicant and any fictitious or
trade name used by the applicant in conducting its business,
and the legal name, residential and business addresses, date
of birth, social security number, employment history for the
five-year period preceding the submission of the application;
and upon request of the director, fingerprints of the applicant's proposed responsible individual and documentation
that the proposed responsible individual is a citizen of the
United States or has obtained legal immigration status to
work in the United States;
(b) For the ten-year period preceding the submission of
the application, a list of any criminal convictions of the proposed responsible individual of the applicant, any material
litigation in which the applicant has been involved, and any
litigation involving the proposed responsible individual relating to the provision of money services;
(c) A description of any money services previously provided by the applicant and the money services that the applicant seeks to provide in this state;
(d) A list of the applicant's proposed authorized delegates and the locations in this state where the applicant and its
authorized delegates propose to engage in currency
exchange;
(e) A list of other states in which the applicant engages in
currency exchange or provides other money services and any
license revocations, suspensions, restrictions, or other disciplinary action taken against the applicant in another state;
(f) A list of any license revocations, suspensions, restrictions, or other disciplinary action taken against any money
services business involving the proposed responsible individual;
(g) Information concerning any bankruptcy or receivership proceedings involving or affecting the applicant or the
proposed responsible individual;
(h) A sample form of contract for authorized delegates, if
applicable;
(i) A description of the source of money and credit to be
used by the applicant to provide currency exchange; and
(j) Any other information regarding the background,
experience, character, financial responsibility, and general
fitness of the applicant, the applicant's responsible individual,
or authorized delegates that the director may require in rule.
19.230.100
(2) If an applicant is a corporation, limited liability company, partnership, or other entity, the applicant shall also provide:
(a) The date of the applicant's incorporation or formation
and state or country of incorporation or formation;
(b) If applicable, a certificate of good standing from the
state or country in which the applicant is incorporated or
formed;
(c) A brief description of the structure or organization of
the applicant, including any parent or subsidiary of the applicant, and whether any parent or subsidiary is publicly traded;
(d) The legal name, any fictitious or trade name, all business and residential addresses, date of birth, social security
number, and employment history in the ten-year period preceding the submission of the application for each executive
officer, board director, or person that has control of the applicant;
(e) If the applicant or its corporate parent is not a publicly traded entity, the director may request the fingerprints
for each executive officer, board director, or person that has
control of the applicant; and
(f) A list of any criminal convictions, material litigation,
and any litigation related to the provision of money services,
in which any executive officer, board director, or person in
control of the applicant has been involved in the ten-year
period preceding the submission of the application.
(3) A nonrefundable application fee and an initial license
fee, as determined in rule by the director, must accompany an
application for a currency exchange license under this chapter. The license fee must be refunded if the application is
denied.
(4) The director may waive one or more requirements of
subsection (1) or (2) of this section or permit an applicant to
submit other information in lieu of the required information.
[2003 c 287 § 11.]
19.230.100
19.230.100 Issuance of a currency exchange license—
Surrender of license. (1) When an application for a currency exchange license is filed under this chapter, the director
or the director's designee shall investigate the applicant's
financial condition and responsibility, financial and business
experience, competence, character, and general fitness. The
director or the director's designee may conduct an on-site
investigation of the applicant, the cost of which must be paid
by the applicant as specified in RCW 19.230.320 or rules
adopted under this chapter. The director shall issue a currency exchange license to an applicant under this chapter if
the director or the director's designee finds that all of the following conditions have been fulfilled:
(a) The applicant has complied with RCW 19.230.090;
(b) The financial and business experience, competence,
character, and general fitness of the applicant; and the competence, financial and business experience, character, and
general fitness of the executive officers, proposed responsible individual, board directors, and persons in control of the
applicant indicate that it is in the interest of the public to permit the applicant to engage in the business of providing currency exchange; and
(c) Neither the applicant, nor any executive officer, nor
person who exercises control over the applicant, nor the proposed responsible individual are listed on the specially desig[2003 RCW Supp—page 231]
19.230.110
Title 19 RCW: Business Regulations—Miscellaneous
nated nationals and blocked persons list prepared by the
United States department of treasury or department of state
under Presidential Executive Order No. 13224.
(2) The director may for good cause extend the application review period.
(3) An applicant whose application is denied by the
director under this chapter may appeal under chapter 34.05
RCW.
(4) A currency exchange license issued under this chapter is valid from the date of issuance and remains in effect
with no fixed date of expiration unless otherwise suspended
or revoked by the director, or unless the license expires for
nonpayment of the annual license assessment and any late
fee, if applicable.
(5) A currency exchange licensee may surrender a
license by delivering the original license to the director along
with a written notice of surrender. The written notice of surrender must include notice of where the records of the licensee will be stored and the name, address, telephone number, and other contact information of a responsible party who
is authorized to provide access to the records. The surrender
of a license does not reduce or eliminate the licensee's civil or
criminal liability arising from acts or omissions occurring
prior to the surrender of the license, including any administrative actions undertaken by the director or the director's
designee to revoke or suspend a license, to assess fines, to
order payment of restitution, or to exercise any other authority authorized under this chapter. [2003 c 287 § 12.]
19.230.110
19.230.110 Annual license assessment and annual
report. (1) A licensee shall pay an annual license assessment
as established in rule by the director no later than the annual
license assessment due date or, if the annual license assessment due date is not a business day, on the next business day.
(2) A licensee shall submit an annual report with the
annual license assessment, in a form and in a medium prescribed by the director in rule. The annual report must state
or contain:
(a) If the licensee is a money transmitter, a copy of the
licensee's most recent audited annual financial statement or,
if the licensee is a wholly owned subsidiary of another corporation, the most recent audited consolidated annual financial
statement of the parent corporation or the licensee's most
recent audited consolidated annual financial statement;
(b) A description of each material change, as defined in
rule by the director, to information submitted by the licensee
in its original license application which has not been previously reported to the director on any required report;
(c) If the licensee is a money transmitter, a list of the licensee's permissible investments and a certification that the
licensee continues to maintain permissible investments
according to the requirements set forth in RCW 19.230.200
and 19.230.210;
(d) If the licensee is a money transmitter, proof that the
licensee continues to maintain adequate security as required
by RCW 19.230.050; and
(e) A list of the locations in this state where the licensee
or an authorized delegate of the licensee engages in or provides money services.
(3) If a licensee does not file an annual report or pay its
annual license assessment by the annual license assessment
[2003 RCW Supp—page 232]
due date, the director or the director's designee shall send the
licensee a notice of suspension and assess the licensee a late
fee not to exceed twenty-five percent of the annual license
assessment as established in rule by the director. The licensee's annual report and payment of both the annual license
assessment and the late fee must arrive in the department's
offices by 5:00 p.m. on the thirtieth day after the assessment
due date or any extension of time granted by the director,
unless that date is not a business day, in which case the licensee's annual report and payment of both the annual license
assessment and the late fee must arrive in the department's
offices by 5:00 p.m. on the next occurring business day. If
the licensee's annual report and payment of both the annual
license assessment and late fee do not arrive by such date, the
expiration of the licensee's license is effective at 5:00 p.m. on
the thirtieth day after the assessment due date, unless that
date is not a business day, in which case the expiration of the
licensee's license is effective at 5:00 p.m. on the next occurring business day. The director, or the director's designee,
may reinstate the license if, within twenty days after its effective date, the licensee:
(a) Files the annual report and pays both the annual
license assessment and the late fee; and
(b) The licensee did not engage in or provide money services during the period its license was expired. [2003 c 287
§ 13.]
19.230.120
19.230.120 Relationship between licensee and authorized delegate. (1) In this section, "remit" means to make
direct payments of money to a licensee or its representative
authorized to receive money or to deposit money in a bank in
an account specified by the licensee.
(2) A contract between a licensee and an authorized delegate must require the authorized delegate to operate in full
compliance with this chapter and the rules adopted under this
chapter.
(3) Neither the licensee nor an authorized delegate may
authorize subdelegates.
(4) An authorized delegate shall remit all money owing
to the licensee in accordance with the terms of the contract
between the licensee and the authorized delegate.
(5) If a license is suspended or revoked or a licensee surrenders its license, the director shall notify all authorized delegates of the licensee whose names are filed with the director
of the suspension, revocation, or surrender and shall publish
the name of the licensee. An authorized delegate shall immediately cease to provide money services as a delegate of the
licensee upon receipt of notice, or after publication is made,
that the licensee's license has been suspended, revoked, or
surrendered.
(6) An authorized delegate may not provide money services other than those allowed the licensee under its license.
In addition, an authorized delegate may not provide money
services outside the scope of activity permissible under the
contract between the authorized delegate and the licensee,
except activity in which the authorized delegate is authorized
to engage under RCW 19.230.030 or 19.230.080. [2003 c
287 § 14.]
19.230.130
19.230.130 Authority to conduct examinations and
investigations. (1) For the purpose of discovering violations
Uniform Money Services Act
of this chapter or rules adopted under this chapter, discovering unsafe and unsound practices, or securing information
lawfully required under this chapter, the director may at any
time, either personally or by designee, investigate or examine
the business and, wherever located, the books, accounts,
records, papers, documents, files, and other information used
in the business of every licensee or its authorized delegates,
and of every person who is engaged in the business of providing money services, whether the person acts or claims to act
under or without the authority of this chapter. For these purposes, the director or designated representative shall have
free access to the offices and places of business, books,
accounts, papers, documents, other information, records,
files, safes, and vaults of all such persons. The director or the
director's designee may require the attendance of and examine under oath all persons whose testimony may be required
about the business or the subject matter of any investigation,
examination, or hearing and may require such person to produce books, accounts, papers, documents, records, files, and
any other information the director or designated person
declares is relevant to the inquiry. The director may require
the production of original books, accounts, papers, documents, records, files, and other information; may require that
such original books, accounts, papers, documents, records,
files, and other information be copied; or may make copies
himself or herself or by designee of such original books,
accounts, papers, documents, records, files, or other information. The director or designated person may issue a subpoena
or subpoena duces tecum requiring attendance or compelling
production of the books, accounts, papers, documents,
records, files, or other information.
(2) The licensee, applicant, or person subject to licensing
under this chapter shall pay the cost of examinations and
investigations as specified in RCW 19.230.320 or rules
adopted under this chapter.
(3) Information obtained during an examination or
investigation under this chapter may be disclosed only as provided in RCW 19.230.190. [2003 c 287 § 15.]
19.230.140
19.230.140 Joint examinations. (1) The director may
conduct an on-site examination or investigation of the books,
accounts, records, papers, documents, files, and other information used in the business of every licensee or its authorized
delegates in conjunction with representatives of other state
agencies or agencies of another state or of the federal government. The director may accept an examination report or an
investigation report of an agency of this state or of another
state or of the federal government.
(2) A joint examination or investigation, or an acceptance of an examination or investigation report, does not preclude the director from conducting an examination or investigation under this chapter. A joint report or a report accepted
under this section is an official report of the director for all
purposes. [2003 c 287 § 16.]
19.230.150
19.230.150 Reports. (1) A licensee shall file with the
director within thirty business days any material changes in
information provided in a licensee's application as prescribed
in rule by the director. If this information indicates that the
licensee is no longer in compliance with this chapter, the
director may take any action authorized under this chapter to
19.230.160
ensure that the licensee operates in compliance with this
chapter.
(2) A licensee shall file with the director within fortyfive days after the end of each fiscal quarter a current list of
all authorized delegates and locations in this state where the
licensee, or an authorized delegate of the licensee, provides
money services, including mobile locations. The licensee
shall state the name and street address of each location and
authorized delegate operating at the location.
(3) A licensee shall file a report with the director within
one business day after the licensee has reason to know of the
occurrence of any of the following events:
(a) The filing of a petition by or against the licensee, or
any authorized delegate of the licensee, under the United
States Bankruptcy Code (11 U.S.C. Sec. 101-110) for bankruptcy or reorganization;
(b) The filing of a petition by or against the licensee, or
any authorized delegate of the licensee, for receivership, the
commencement of any other judicial or administrative proceeding for its dissolution or reorganization, or the making of
a general assignment for the benefit of its creditors;
(c) The commencement of a proceeding to revoke, suspend, restrict, or condition its license, or otherwise discipline
or sanction the licensee, in a state or country in which the licensee engages in business or is licensed;
(d) The cancellation or other impairment of the licensee's
bond or other security;
(e) A charge or conviction of the licensee or of an executive officer, responsible individual, board director of the licensee, or person in control of the licensee, for a felony; or
(f) A charge or conviction of an authorized delegate for a
felony. [2003 c 287 § 17.]
19.230.160
19.230.160 Change of control. (1) A licensee shall:
(a) Provide the director with written notice of a proposed
change of control within fifteen days after learning of the proposed change of control and at least thirty days prior to the
proposed change of control;
(b) Request approval of the change of control by submitting the information required in rule by the director; and
(c) Submit, with the notice, a nonrefundable fee as prescribed in rule by the director.
(2) After review of a request for approval under subsection (1) of this section, the director may require the licensee
to provide additional information concerning the licensee's
proposed persons in control. The additional information
must be limited to the same types required of the licensee, or
persons in control of the licensee, as part of its original
license application.
(3) The director shall approve a request for change of
control under subsection (1) of this section if, after investigation, the director determines that the person, or group of persons, requesting approval meets the criteria for licensing set
forth in RCW 19.230.070 and 19.230.100 and that the public
interest will not be jeopardized by the change of control.
(4) Subsection (1) of this section does not apply to a public offering of securities.
(5) Before filing a request for approval to acquire control
of a licensee, or person in control of a licensee, a person may
request in writing a determination from the director as to
whether the person would be considered a person in control
[2003 RCW Supp—page 233]
19.230.170
Title 19 RCW: Business Regulations—Miscellaneous
of a licensee upon consummation of a proposed transaction.
If the director determines that the person would not be a person in control of a licensee, the director shall respond in writing to that effect and the proposed person and transaction is
not subject to the requirements of subsections (1) through (3)
of this section.
(6) The director may exempt by rule any person from the
requirements of subsection (1)(a) of this section, if it is in the
public interest to do so. [2003 c 287 § 18.]
representatives of state or federal agencies who agree in writing to maintain the confidentiality of the information; or if the
director finds that the release is reasonably necessary for the
protection of the public and in the interests of justice.
(3) This section does not prohibit the director from disclosing to the public a list of persons licensed under this
chapter or the aggregated financial data concerning those licensees. [2003 c 287 § 21.]
19.230.200
19.230.170
19.230.170 Records. (1) A licensee shall maintain the
following records for determining its compliance with this
chapter for at least five years:
(a) A general ledger posted at least monthly containing
all assets, liabilities, capital, income, and expense accounts;
(b) Bank statements and bank reconciliation records;
(c) A list of the last known names and addresses of all of
the licensee's authorized delegates;
(d) Copies of all currency transaction reports and suspicious activity reports filed in compliance with RCW
19.230.180; and
(e) Any other records required in rule by the director.
(2) The items specified in subsection (1) of this section
may be maintained in any form of record that is readily accessible to the director or the director's designee upon request.
(3) Records may be maintained outside this state if they
are made accessible to the director on seven business days'
notice that is sent in writing.
(4) All records maintained by the licensee are open to
inspection by the director or the director's designee. [2003 c
287 § 19.]
19.230.180
19.230.180 Money laundering reports. (1) Every licensee and its authorized delegates shall file with the director
or the director's designee all reports required by federal currency reporting, recordkeeping, and suspicious transaction
reporting requirements as set forth in 31 U.S.C. Sec. 5311, 31
C.F.R. Sec. 103 (2000), and other federal and state laws pertaining to money laundering. Every licensee and its authorized delegates shall maintain copies of these reports in its
records in compliance with RCW 19.230.170.
(2) The timely filing of a complete and accurate report
required under subsection (1) of this section with the appropriate federal agency is compliance with the requirements of
subsection (1) of this section, unless the director notifies the
licensee that reports of this type are not being regularly and
comprehensively transmitted by the federal agency. [2003 c
287 § 20.]
19.230.190
19.230.190 Confidentiality. (1) Except as otherwise
provided in subsection (2) of this section, all information or
reports obtained by the director from an applicant, licensee,
or authorized delegate and all information contained in, or
related to, examination, investigation, operating, or condition
reports prepared by, on behalf of, or for the use of the director, or financial statements, balance sheets, or authorized delegate information, are confidential and are not subject to disclosure under chapter 42.17 RCW.
(2) The director may disclose information not otherwise
subject to disclosure under subsection (1) of this section to
[2003 RCW Supp—page 234]
19.230.200 Maintenance of permissible investments.
(1) A money transmitter licensee shall maintain at all times
permissible investments that have a market value computed
in accordance with generally accepted accounting principles
of not less than the aggregate amount of all outstanding
money transmission.
(2) The director, with respect to any money transmitter
licensee, may limit the extent to which a type of investment
within a class of permissible investments may be considered
a permissible investment, except for money, time deposits,
savings deposits, demand deposits, and certificates of deposit
issued by a federally insured financial institution. The director may prescribe in rule, or by order allow, other types of
investments that the director determines to have a safety substantially equivalent to other permissible investments. [2003
c 287 § 22.]
19.230.210
19.230.210 Types of permissible investments. (1)
Except to the extent otherwise limited by the director under
RCW 19.230.200, the following investments are permissible
for a money transmitter licensee under RCW 19.230.200:
(a) Cash, time deposits, savings deposits, demand deposits, a certificate of deposit, or senior debt obligation of an
insured depositary institution as defined in section 3 of the
federal Deposit Insurance Act (12 U.S.C. Sec. 1813) or as
defined under the federal Credit Union Act (12 U.S.C. Sec.
1781);
(b) Banker's acceptance or bill of exchange that is eligible for purchase upon endorsement by a member bank of the
federal reserve system and is eligible for purchase by a federal reserve bank;
(c) An investment bearing a rating of one of the three
highest grades as defined by a nationally recognized organization that rates securities;
(d) An investment security that is an obligation of the
United States or a department, agency, or instrumentality
thereof; an investment in an obligation that is guaranteed
fully as to principal and interest by the United States; or an
investment in an obligation of a state or a governmental subdivision, agency, or instrumentality thereof;
(e) Receivables that are payable to a licensee from its
authorized delegates, in the ordinary course of business, pursuant to contracts which are not past due or doubtful of collection, if the aggregate amount of receivables under this subsection (1)(e) does not exceed twenty percent of the total permissible investments of a licensee and the licensee does not
hold, at one time, receivables under this subsection (1)(e) in
any one person aggregating more than ten percent of the licensee's total permissible investments; and
(f) A share or a certificate issued by an open-end management investment company that is registered with the
United States securities and exchange commission under the
Uniform Money Services Act
Investment Companies Act of 1940 (15 U.S.C. Sec. 80(a)(1)
through (64), and whose portfolio is restricted by the management company's investment policy to investments specified in (a) through (d) of this subsection.
(2) The following investments are permissible under
RCW 19.230.200, but only to the extent specified as follows:
(a) An interest-bearing bill, note, bond, or debenture of a
person whose equity shares are traded on a national securities
exchange or on a national over-the-counter market, if the
aggregate of investments under this subsection (2)(a) does
not exceed twenty percent of the total permissible investments of a licensee and the licensee does not, at one time,
hold investments under this subsection (2)(a) in any one person aggregating more than ten percent of the licensee's total
permissible investments;
(b) A share of a person traded on a national securities
exchange or a national over-the-counter market or a share or
a certificate issued by an open-end management investment
company that is registered with the United States securities
and exchange commission under the Investment Companies
Act of 1940 (15 U.S.C. Sec. 80(a)(1) through (64), and whose
portfolio is restricted by the management company's investment policy to shares of a person traded on a national securities exchange or a national over-the-counter market, if the
aggregate of investments under this subsection (2)(b) does
not exceed twenty percent of the total permissible investments of a licensee and the licensee does not, at one time,
hold investments under this subsection (2)(b) in any one person aggregating more than ten percent of the licensee's total
permissible investments;
(c) A demand-borrowing agreement made to a corporation or a subsidiary of a corporation whose securities are
traded on a national securities exchange, if the aggregate of
the amount of principal and interest outstanding under
demand-borrowing agreements under this subsection (2)(c)
does not exceed twenty percent of the total permissible
investments of a licensee and the licensee does not, at one
time, hold principal and interest outstanding under demandborrowing agreements under this subsection (2)(c) with any
one person aggregating more than ten percent of the licensee's total permissible investments; and
(d) Any other investment the director designates, to the
extent specified in rule by the director.
(3) The aggregate of investments under subsection (2) of
this section may not exceed fifty percent of the total permissible investments of a licensee. [2003 c 287 § 23.]
19.230.220
19.230.220 Administrative proceedings. All administrative proceedings under this chapter must be conducted in
accordance with the administrative procedure act, chapter
34.05 RCW. Any licensee or authorized delegate subject to a
statement of charges and order of intent from the director
shall be provided with an opportunity for a hearing as provided for in the administrative procedure act. Unless the person subject to the order appears in person or is represented by
counsel at the hearing, the person has consented to issuance
of the order. If after a hearing, the director finds by a preponderance of the evidence that grounds for sanctions under this
chapter exist, then the director may impose any sanctions
authorized by this chapter in a final order. As provided for in
RCW 19.230.260, a temporary order to cease and desist is
19.230.230
effective upon service upon the licensee or authorized delegate, and remains effective pending a hearing to determine if
the order shall become permanent. [2003 c 287 § 24.]
19.230.230
19.230.230 License suspension, revocation—Receivership. (1) The director may issue an order to suspend,
revoke, or condition a license, place a licensee in receivership, revoke the designation of an authorized delegate, compel payment of restitution by a licensee to damaged parties,
require affirmative actions as are necessary by a licensee to
comply with this chapter or rules adopted under this chapter,
or remove from office or prohibit from participation in the
affairs of any authorized delegate or any licensee, or both,
any responsible individual, executive officer, person in control, or employee of the licensee, if:
(a) The licensee violates this chapter or a rule adopted or
an order issued under this chapter or is convicted of a violation of a state or federal money laundering or terrorism statute;
(b) The licensee does not cooperate with an examination,
investigation, or subpoena lawfully issued by the director or
the director's designee;
(c) The licensee engages in fraud, intentional misrepresentation, or gross negligence;
(d) An authorized delegate is convicted of a violation of
a state or federal money laundering statute, or violates this
chapter or a rule adopted or an order issued under this chapter
as a result of the licensee's willful misconduct or deliberate
avoidance of knowledge;
(e) The financial condition and responsibility, competence, experience, character, or general fitness of the licensee, authorized delegate, person in control of a licensee, or
responsible individual of the licensee or authorized delegate
indicates that it is not in the public interest to permit the person to provide money services;
(f) The licensee engages in an unsafe or unsound practice, or an unfair and deceptive act or practice;
(g) The licensee is insolvent, fails to maintain the
required net worth, suspends payment of its obligations, or
makes a general assignment for the benefit of its creditors;
(h) The licensee does not remove an authorized delegate
after the director issues and serves upon the licensee a final
order including a finding that the authorized delegate has violated this chapter; or
(i) The licensee, its responsible individual, or any of its
executive officers or other persons in control of the licensee
are listed or become listed on the specially designated nationals and blocked persons list prepared by the United States
department of the treasury as a potential threat to commit terrorist acts or to finance terrorist acts.
(2) In determining whether a licensee or other person
subject to this chapter is engaging in an unsafe or unsound
practice, the director may consider the size and condition of
the licensee's money transmission services, the magnitude of
the loss or potential loss to consumers or others, the gravity of
the violation of this chapter, any action against the licensee
by another state or the federal government, and the previous
conduct of the person involved.
(3) The director shall immediately suspend any certification of licensure issued under this chapter if the holder of the
certificate has been certified pursuant to RCW 74.20A.320
[2003 RCW Supp—page 235]
19.230.240
Title 19 RCW: Business Regulations—Miscellaneous
by the department of social and health services as a person
who is not in compliance with a support order. If the person
has continued to meet all other requirements for certification
during the suspension, reissuance of the certificate of licensure shall be automatic upon the director's receipt of a release
issued by the department of social and health services stating
that the person is in compliance with the order. [2003 c 287
§ 25.]
19.230.240
19.230.240 Suspension and revocation of authorized
delegates. (1) The director may issue an order to suspend,
revoke, or condition the designation of an authorized delegate, impose civil penalties, require payment of restitution to
damaged parties, require affirmative actions as are necessary
to comply with this chapter or the rules adopted under this
chapter, or remove from office or prohibit from participation
in the affairs of the authorized delegate or licensee, or both,
any executive officer, person in control, or employee of the
authorized delegate if the director finds that:
(a) The authorized delegate violated this chapter or a rule
adopted or an order issued under this chapter;
(b) The authorized delegate does not cooperate with an
examination, investigation, or subpoena lawfully issued by
the director or the director's designee;
(c) The authorized delegate engaged in fraud, intentional
misrepresentation, or gross negligence;
(d) The authorized delegate is convicted of a violation of
a state or federal money laundering or terrorism statute;
(e) The competence, experience, character, or general
fitness of the authorized delegate or a person in control of the
authorized delegate indicates that it is not in the public interest to permit the authorized delegate to provide money services;
(f) The authorized delegate engaged in or is engaging in
an unsafe or unsound practice, or unfair and deceptive act or
practice; or
(g) The authorized delegate, or any of its executive officers or other persons in control of the authorized delegate, are
listed or become listed on the specially designated nationals
and blocked persons list prepared by the United States
department of the treasury as a potential threat to commit terrorist acts or to finance terrorist acts.
(2) In determining whether an authorized delegate is
engaging in an unsafe or unsound practice, the director may
consider the size and condition of the authorized delegate's
provision of money services, the magnitude of the loss or
potential loss to consumers or others, the gravity of the violation of this chapter or a rule adopted or order issued under this
chapter, any action against the authorized delegate taken by
another state or the federal government, and the previous
conduct of the authorized delegate. [2003 c 287 § 26.]
19.230.250
19.230.250 Unlicensed persons. (1) If the director has
reason to believe that a person has violated or is violating
RCW 19.230.030 or 19.230.080, the director or the director's
designee may conduct an examination or investigation as
authorized under RCW 19.230.130.
(2) If as a result of such investigation or examination, the
director finds that a person has violated RCW 19.230.030 or
19.230.080, the director may issue a temporary cease and
desist order as authorized under RCW 19.230.260.
[2003 RCW Supp—page 236]
(3) If as a result of such an investigation or examination,
the director finds that a person has violated RCW 19.230.030
or 19.230.080, the director may issue an order to prohibit the
person from continuing to engage in providing money services, to compel the person to pay restitution to damaged parties, to impose civil money penalties on the person, and to
prohibit from participation in the affairs of any licensee or
authorized delegate, or both, any executive officer, person in
control, or employee of the person.
(4) The director may petition the superior court for the
issuance of a temporary restraining order under the rules of
civil procedure. [2003 c 287 § 27.]
19.230.260
19.230.260 Temporary orders to cease and desist. (1)
If the director determines that a violation of this chapter or of
a rule adopted or an order issued under this chapter by a licensee, authorized delegate, or other person subject to this
chapter is likely to cause immediate and irreparable harm to
the licensee, its customers, or the public as a result of the violation, or cause insolvency or significant dissipation of the
assets of the licensee, the director may issue a temporary
order to cease and desist requiring the licensee, authorized
delegate, or other person subject to this chapter to cease and
desist from conducting business in this state or to cease and
desist from the violation or undertake affirmative actions as
are necessary to comply with this chapter, any rule adopted
under this chapter, or order issued by the director under this
chapter. The order is effective upon service upon the licensee, authorized delegate, or other person subject to this
chapter.
(2) A temporary order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding under chapter 34.05 RCW. If, after a hearing, the director finds that by a preponderance of the evidence, all or any part of the order is supported by the facts,
the director may make the temporary order to cease and desist
permanent under chapter 34.05 RCW.
(3) A licensee, an authorized delegate, or other person
subject to this chapter that is served with a temporary order to
cease and desist may petition the superior court for a judicial
order setting aside, limiting, or suspending the enforcement,
operation, or effectiveness of the order pending the completion of an administrative proceeding under chapter 34.05
RCW. [2003 c 287 § 28.]
19.230.270
19.230.270 Consent orders. The director may enter
into a consent order at any time with a person to resolve a
matter arising under this chapter or a rule adopted or order
issued under this chapter. A consent order must be signed by
the person to whom it is issued or by the person's authorized
representative, and must indicate agreement with the terms
contained in the order. [2003 c 287 § 29.]
19.230.280
19.230.280 Violations—Liability. (1) A licensee is liable for any conduct violating this chapter or rules adopted
under this chapter committed by employees of the licensee.
(2) A licensee that commits willful misconduct in its
supervision of its authorized delegate or willfully avoids
knowledge of its authorized delegate's business activities
may be subjected to administrative sanctions for any viola-
Uniform Money Services Act
tions of this chapter or rules adopted under this chapter by the
licensee's authorized delegates.
(3) The responsible individual is responsible under the
license and may be subjected to administrative sanctions for
any violations of this chapter or rules adopted under this
chapter committed by the licensee or, if the responsible individual commits willful misconduct in supervising an authorized delegate or willfully avoids knowledge of an authorized
delegate's business activities, violations committed by the licensee's authorized delegates. [2003 c 287 § 30.]
19.230.290
19.230.290 Civil penalties. The director may assess a
civil penalty against a licensee, responsible individual, authorized delegate, or other person that violates this chapter or a
rule adopted or an order issued under this chapter in an
amount not to exceed one hundred dollars per day for each
day the violation is outstanding, plus this state's costs and
expenses for the investigation and prosecution of the matter,
including reasonable attorneys' fees. [2003 c 287 § 31.]
19.230.300
19.230.300 Criminal penalties. (1) A person that
intentionally makes a false statement, misrepresentation, or
false certification in a record filed or required to be maintained under this chapter or that intentionally makes a false
entry or omits a material entry in that record is guilty of a
class C felony under chapter 9A.20 RCW.
(2) A person that knowingly engages in an activity for
which a license is required under this chapter without being
licensed under this chapter and who receives more than five
hundred dollars in compensation within a thirty-day period
from this activity is guilty of a gross misdemeanor under
chapter 9A.20 RCW.
(3) A person that knowingly engages in an activity for
which a license is required under this chapter without being
licensed under this chapter and who receives no more than
five hundred dollars in compensation within a thirty-day
period from this activity is guilty of a misdemeanor under
chapter 9A.20 RCW. [2003 c 287 § 32.]
19.230.310
19.230.310 Administration and rule-making powers.
In accordance with chapter 34.05 RCW, the director may
issue rules under this chapter that are clearly required to govern the activities of licensees and other persons subject to this
chapter. [2003 c 287 § 33.]
19.230.320
19.230.320 Fees. (1) The director shall establish fees by
rule sufficient to cover the costs of administering this chapter.
The director may establish different fees for each type of
license authorized under this chapter. These fees may
include:
(a) An annual license assessment specified in rule by the
director paid by each licensee on or before the annual license
assessment due date;
(b) A late fee for late payment of the annual license
assessment as specified in rule by the director;
(c) An hourly examination or investigation fee to cover
the costs of any examination or investigation of the books and
records of a licensee or other person subject to this chapter;
19.230.330
(d) A nonrefundable application fee to cover the costs of
processing license applications made to the director under
this chapter;
(e) An initial license fee to cover the period from the date
of licensure to the end of the calendar year in which the
license is initially granted; and
(f) A transaction fee or set of transaction fees to cover the
administrative costs associated with processing changes in
control, changes of address, and other administrative changes
as specified in rule by the director.
(2) The director shall ensure that when an examination or
investigation, or any part of the examination or investigation,
of any licensee applicant or person subject to licensing under
this chapter, requires travel and services outside this state by
the director or designee, the licensee applicant or person subject to licensing under this chapter that is the subject of the
examination or investigation shall pay the actual travel
expenses incurred by the director or designee conducting the
examination or investigation.
(3) All moneys, fees, and penalties collected under this
chapter shall be deposited into the financial services regulation account. [2003 c 287 § 34.]
19.230.330
19.230.330 Money transmitter delivery, receipts, and
refunds. (1) Every money transmitter licensee and its authorized delegates shall transmit the monetary equivalent of all
money or equivalent value received from a customer for
transmission, net of any fees, or issue instructions committing the money or its monetary equivalent, to the person designated by the customer within ten business days after receiving the money or equivalent value, unless otherwise ordered
by the customer or unless the licensee or its authorized delegate has reason to believe that a crime has occurred, is occurring, or may occur as a result of transmitting the money. For
purposes of this subsection, money is considered to have
been transmitted when it is available to the person designated
by the customer and a reasonable effort has been made to
inform this designated person that the money is available,
whether or not the designated person has taken possession of
the money. As used in this subsection, "monetary equivalent," when used in connection with a money transmission in
which the customer provides the licensee or its authorized
delegate with the money of one government, and the designated recipient is to receive the money of another government, means the amount of money, in the currency of the
government that the designated recipient is to receive, as converted at the retail exchange rate offered by the licensee or its
authorized delegate to the customer in connection with the
transaction.
(2) Every money transmitter licensee and its authorized
delegates shall provide a receipt to the customer that clearly
states the amount of money presented for transmission and
the total of any fees charged by the licensee. If the rate of
exchange for a money transmission to be paid in the currency
of another country is fixed by the licensee for that transaction
at the time the money transmission is initiated, then the
receipt provided to the customer shall disclose the rate of
exchange for that transaction, and the duration, if any, for the
payment to be made at the fixed rate of exchange so specified. If the rate of exchange for a money transmission to be
paid in the currency of another country is not fixed at the time
[2003 RCW Supp—page 237]
19.230.340
Title 20 RCW: Commission Merchants—Agricultural Products
19.230.900
the money transmission is sent, the receipt provided to the
customer shall disclose that the rate of exchange for that
transaction will be set at the time the recipient of the money
transmission picks up the funds in the foreign country. As
used in this section, "fees" does not include revenue that a licensee or its authorized delegate generates, in connection with
a money transmission, in the conversion of the money of one
government into the money of another government.
(3) Every money transmitter licensee and its authorized
delegates shall refund to the customer all moneys received
for transmittal within ten days of receipt of a written request
for a refund unless any of the following occurs:
(a) The moneys have been transmitted and delivered to
the person designated by the customer prior to receipt of the
written request for a refund;
(b) Instructions have been given committing an equivalent amount of money to the person designated by the customer prior to receipt of a written request for a refund;
(c) The licensee or its authorized delegate has reason to
believe that a crime has occurred, is occurring, or may potentially occur as a result of transmitting the money as requested
by the customer or refunding the money as requested by the
customer; or
(d) The licensee is otherwise barred by law from making
a refund. [2003 c 287 § 35.]
19.230.340
19.230.340 Prohibited practices. It is a violation of
this chapter for any licensee, executive officer, responsible
individual, or other person subject to this chapter in connection with the provision of money services to:
(1) Directly or indirectly employ any scheme, device, or
artifice to defraud or mislead any person, including but not
limited to engaging in bait and switch advertising or sales
practices;
(2) Directly or indirectly engage in any unfair or deceptive act or practice toward any person, including but not limited to any false or deceptive statement about fees or other
terms of a money transmission or currency exchange;
(3) Directly or indirectly obtain property by fraud or misrepresentation;
(4) Knowingly make, publish, or disseminate any false,
deceptive, or misleading information in the provision of
money services;
(5) Knowingly receive or take possession for personal
use of any property of any money services business, other
than in payment for services rendered, and with intent to
defraud, omit to make, or cause or direct to omit to make, a
full and true entry thereof in the books and accounts of the
business;
(6) Make or concur in making any false entry, or omit or
concur in omitting any material entry, in the books or
accounts of the business;
(7) Knowingly make or publish to the director or director's designee, or concur in making or publishing to the director or director's designee any written report, exhibit, or statement of its affairs or pecuniary condition containing any
material statement which is false, or omit or concur in omitting any statement required by law to be contained therein; or
(8) Fail to make any report or statement lawfully
required by the director or other public official. [2003 c 287
§ 36.]
[2003 RCW Supp—page 238]
19.230.900 Short title. This chapter may be known and
cited as the uniform money services act. [2003 c 287 § 1.]
19.230.901
19.230.901 Effective date—2003 c 287. This act takes
effect October 1, 2003. [2003 c 287 § 37.]
19.230.902
19.230.902 Implementation. The director or the director's designee may take such steps as are necessary to ensure
that chapter 287, Laws of 2003 is implemented on October 1,
2003. In particular, the director or the director's designee
shall conduct outreach to small businesses and immigrant
communities to enhance awareness of and compliance with
state and federal laws governing money transmission and
currency exchange, and to provide technical assistance in
applying for a license under this chapter and understanding
the requirements of this chapter. [2003 c 287 § 38.]
19.230.903
19.230.903 Uniformity of application and construction. In applying and construing this chapter, consideration
must be given to the need to promote uniformity of the law
with respect to its subject matter among states that enact it.
[2003 c 287 § 39.]
19.230.904
19.230.904 Severability—2003 c 287. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2003 c 287 § 40.]
19.230.905
19.230.905 Captions not law. Captions used in this
chapter are not any part of the law. [2003 c 287 § 41.]
Title 20
Title 20
COMMISSION MERCHANTS—
AGRICULTURAL PRODUCTS
Chapters
20.01 Agricultural products—Commission merchants,
dealers, brokers, buyers, agents.
Chapter 20.01 RCW
AGRICULTURAL PRODUCTS—COMMISSION
MERCHANTS, DEALERS, BROKERS,
BUYERS, AGENTS
Chapter 20.01
Sections
20.01.010
20.01.130
20.01.140
20.01.211
20.01.240
20.01.320
20.01.410
20.01.460
20.01.482
20.01.490
20.01.490
20.01.610
Definitions.
Disposition of moneys.
Change in organization of firm to be reported.
Alternative bonding provision for certain dealers.
Claims against commission merchant, dealer.
Investigations, examinations, inspections—Search warrants—
Subpoenas.
Manifest of cargo—Bill of lading.
Prohibited acts—Penalties.
Civil infractions—Notice—Promise to appear or respond—
Misdemeanors. (Effective July 1, 2004.)
Civil infractions—Monetary penalty—Failure to pay, misdemeanor. (Effective until July 1, 2004.)
Civil infractions—Monetary penalty—Failure to pay, misdemeanor. (Effective July 1, 2004.)
Authority to stop vehicle violating chapter—Failure to stop,
civil infraction.
Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents
20.01.010
20.01.010
20.01.010 Definitions. As used in this title the terms
defined in this section have the meanings indicated unless the
context clearly requires otherwise.
(1) "Director" means the director of agriculture or a duly
authorized representative.
(2) "Person" means any natural person, firm, partnership,
exchange, association, trustee, receiver, corporation, and any
member, officer, or employee thereof or assignee for the benefit of creditors.
(3) "Agricultural product" means any unprocessed horticultural, vermicultural and its byproducts, viticultural, berry,
poultry, poultry product, grain, bee, or other agricultural
products, and includes mint or mint oil processed by or for
the producer thereof and hay and straw baled or prepared for
market in any manner or form and livestock.
(4) "Producer" means any person engaged in the business of growing or producing any agricultural product,
whether as the owner of the products, or producing the products for others holding the title thereof.
(5) "Consignor" means any producer, person, or his
agent who sells, ships, or delivers to any commission merchant, dealer, cash buyer, or agent, any agricultural product
for processing, handling, sale, or resale.
(6) "Commission merchant" means any person who
receives on consignment for sale or processing and sale from
the consignor thereof any agricultural product for sale on
commission on behalf of the consignor, or who accepts any
farm product in trust from the consignor thereof for the purpose of resale, or who sells or offers for sale on commission
any agricultural product, or who in any way handles for the
account of or as an agent of the consignor thereof, any agricultural product.
(7) "Dealer" means any person other than a cash buyer,
as defined in subsection (10) of this section, who solicits,
contracts for, or obtains from the consignor thereof for reselling or processing, title, possession, or control of any agricultural product, or who buys or agrees to buy any agricultural
product from the consignor thereof for sale or processing and
includes any person, other than one who acts solely as a producer, who retains title in an agricultural product and delivers
it to a producer for further production or increase. For the
purposes of this chapter, the term dealer includes any person
who purchases livestock on behalf of and for the account of
another, or who purchases cattle in another state or country
and imports these cattle into this state for resale.
(8) "Limited dealer" means any person who buys, agrees
to buy, or pays for the production or increase of any agricultural product by paying to the consignor at the time of obtaining possession or control of any agricultural product the full
agreed price of the agricultural product and who operates
under the alternative bonding provision in RCW 20.01.211.
(9) "Broker" means any person other than a commission
merchant, dealer, or cash buyer who negotiates the purchase
or sale of any agricultural product, but no broker may handle
the agricultural products involved or proceeds of the sale.
(10) "Cash buyer" means any person other than a commission merchant, dealer, or broker, who obtains from the
consignor thereof for the purpose of resale or processing,
title, possession, or control of any agricultural product or who
contracts for the title, possession, or control of any agricultural product, or who buys or agrees to buy for resale any
agricultural product by paying to the consignor at the time of
obtaining possession or control of any agricultural product
the full agreed price of the agricultural product, in coin or
currency, lawful money of the United States. However, a
cashier's check, certified check, credit card, or bankdraft may
be used for the payment. For the purposes of this subsection,
"agricultural product," does not include hay, grain, straw, or
livestock.
(11) "Agent" means any person who, on behalf of any
commission merchant, dealer, broker, or cash buyer, acts as
liaison between a consignor and a principal, or receives, contracts for, or solicits any agricultural product from the consignor thereof or who negotiates the consignment or purchase
of any agricultural product on behalf of any commission merchant, dealer, broker, or cash buyer and who transacts all or a
portion of that business at any location other than at the principal place of business of his employer. With the exception
of an agent for a commission merchant or dealer handling
horticultural products, an agent may operate only in the name
of one principal and only to the account of that principal.
(12) "Retail merchant" means any person operating from
a bona fide or established place of business selling agricultural products twelve months of each year.
(13) "Fixed or established place of business" for the purpose of this chapter means any permanent warehouse, building, or structure, at which necessary and appropriate equipment and fixtures are maintained for properly handling those
agricultural products generally dealt in, and at which supplies
of the agricultural products being usually transported are
stored, offered for sale, sold, delivered, and generally dealt
with in quantities reasonably adequate for and usually carried
for the requirements of such a business, and that is recognized as a permanent business at such place, and carried on as
such in good faith and not for the purpose of evading this
chapter, and where specifically designated personnel are
available to handle transactions concerning those agricultural
products generally dealt in, which personnel are available
during designated and appropriate hours to that business, and
shall not mean a residence, barn, garage, tent, temporary
stand or other temporary quarters, any railway car, or permanent quarters occupied pursuant to any temporary arrangement.
(14) "Processor" means any person, firm, company, or
other organization that purchases agricultural crops from a
consignor and that cans, freezes, dries, dehydrates, cooks,
presses, powders, or otherwise processes those crops in any
manner whatsoever for eventual resale.
(15) "Pooling contract" means any written agreement
whereby a consignor delivers a horticultural product to a
commission merchant under terms whereby the commission
merchant may commingle the consignor's horticultural products for sale with others similarly agreeing, which must
include all of the following:
(a) A delivery receipt for the consignor that indicates the
variety of horticultural product delivered, the number of containers, or the weight and tare thereof;
(b) Horticultural products received for handling and sale
in the fresh market shall be accounted for to the consignor
with individual pack-out records that shall include variety,
grade, size, and date of delivery. Individual daily packing
summaries shall be available within forty-eight hours after
[2003 RCW Supp—page 239]
20.01.130
Title 20 RCW: Commission Merchants—Agricultural Products
20.01.140
packing occurs. However, platform inspection shall be
acceptable by mutual contract agreement on small deliveries
to determine variety, grade, size, and date of delivery;
(c) Terms under which the commission merchant may
use his judgment in regard to the sale of the pooled horticultural product;
(d) The charges to be paid by the consignor as filed with
the state of Washington;
(e) A provision that the consignor shall be paid for his
pool contribution when the pool is in the process of being
marketed in direct proportion, not less than eighty percent of
his interest less expenses directly incurred, prior liens, and
other advances on the grower's crop unless otherwise mutually agreed upon between grower and commission merchant.
(16) "Date of sale" means the date agricultural products
are delivered to the person buying the products.
(17) "Conditioner" means any person, firm, company, or
other organization that receives turf, forage, or vegetable
seeds from a consignor for drying or cleaning.
(18) "Seed bailment contract" means any contract meeting the requirements of chapter 15.48 RCW.
(19) "Proprietary seed" means any seed that is protected
under the Federal Plant Variety Protection Act.
(20) "Licensed public weighmaster" means any person,
licensed under the provisions of chapter 15.80 RCW, who
weighs, measures, or counts any commodity or thing and
issues therefor a signed certified statement, ticket, or memorandum of weight, measure, or count upon which the purchase or sale of any commodity or upon which the basic
charge of payment for services rendered is based.
(21) "Certified weight" means any signed certified statement or memorandum of weight, measure or count issued by
a licensed public weighmaster in accordance with the provisions of chapter 15.80 RCW.
(22) "Licensee" means any person or business licensed
under this chapter as a commission merchant, dealer, limited
dealer, broker, cash buyer, or agent. [2003 c 395 § 1; 1991 c
174 § 1; 1989 c 354 § 37; 1986 c 178 § 6; 1985 c 412 § 8;
1983 c 305 § 1; 1982 c 194 § 1; 1981 c 296 § 30; 1979 ex.s. c
115 § 1; 1977 ex.s. c 304 § 1; 1974 ex.s. c 102 § 2; 1971 ex.s.
c 182 § 1; 1967 c 240 § 40; 1963 c 232 § 1; 1959 c 139 § 1.]
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1983 c 305: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 305 § 78.]
Severability—1981 c 296: See note following RCW 15.08.010.
20.01.130
20.01.130 Disposition of moneys. All fees and other
moneys received by the department under this chapter shall
be paid to the director and used solely for the purpose of carrying out this chapter and the rules adopted under this chapter. All civil fines received by the courts as the result of
notices of infractions issued by the director shall be paid to
the director, less any mandatory court costs and assessments.
[2003 c 395 § 2; 1993 sp.s. c 24 § 929; 1986 c 178 § 8; 1973
c 142 § 1; 1971 ex.s. c 182 § 7; 1959 c 139 § 13.]
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.165.070.
[2003 RCW Supp—page 240]
20.01.140 Change in organization of firm to be
reported. Any change in the organization of any firm, association, exchange, corporation, or partnership licensed under
this chapter shall be reported to the director and the licensee's
surety or sureties within thirty days. [2003 c 395 § 3; 1959 c
139 § 14.]
20.01.211
20.01.211 Alternative bonding provision for certain
dealers. (1) In lieu of the bonding provision required by
RCW 20.01.210, any dealer who buys, agrees to buy, or pays
for the production or increase of any agricultural product by
paying to the consignor at the time of obtaining possession or
control of any agricultural product the full agreed price of the
agricultural product may file a bond in an amount equal to the
dealer's maximum monthly purchases, divided by twelve, but
the minimum bond under this section shall be no less than ten
thousand dollars.
(2) Any dealer using the bonding provisions of this section shall file an affidavit with the director that sets forth the
dealer's maximum monthly purchases from or payments to
consignors. The affidavit shall be filed at the time of application and with each renewal.
(3) Any dealer bonded under this section who is found to
be in violation of this chapter shall be required to comply
with the bonding requirements of RCW 20.01.210 for a minimum of two years. [2003 c 395 § 4; 1983 c 305 § 5; 1977
ex.s. c 304 § 16.]
Severability—1983 c 305: See note following RCW 20.01.010.
20.01.240
20.01.240 Claims against commission merchant,
dealer. (1) Any consignor who believes he or she has a valid
claim against the bond of a commission merchant or dealer
shall file a claim with the director.
(2) In the case of a claim against the bond of a commission merchant or dealer in hay or straw, default occurs when
the licensee fails to make payment within thirty days of the
date the licensee took possession of the hay or straw or at a
date agreed to by both the consignor and commission merchant or dealer in written contract. In the case of a claim
against a limited dealer in hay or straw, default occurs when
the licensee fails to make payment upon taking possession of
the hay or straw.
(3) Upon the filing of a claim under this subsection
against any commission merchant or dealer handling any
agricultural product, the director may, after investigation,
proceed to ascertain the names and addresses of all consignor
creditors of such commission merchant and dealer, together
with the amounts due and owing to them by such commission
merchant and dealer, and shall request all such consignor
creditors to file a verified statement of their respective claims
with the director. Such request shall be addressed to each
known consignor creditor at his last known address.
(4) For claims against a bond that have been filed by consignors prior to the sixty-day deadline established in RCW
20.01.250, the director shall investigate the claims and,
within thirty days of verifying the claims, demand payment
for the valid claims by the licensee's surety. The director
shall distribute the proceeds of the valid bond claims to the
claimants on a pro rata basis within the limits of the claims
and the availability of the bond proceeds. If a claim is filed
after the sixty-day deadline established in RCW 20.01.250,
Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents
the director may investigate the claim and may demand payment for a valid claim. The director shall distribute the proceeds of any such payment made by the surety to the claimant
on a first-to-file, first-to-be-paid basis within the limits of the
claim and the availability of any bond proceeds remaining
after the pro rata distribution. All distributions made by the
director under this subsection are subject to RCW 20.01.260.
[2003 c 395 § 5; 1986 c 178 § 12; 1959 c 139 § 24.]
20.01.320
20.01.320 Investigations, examinations, inspections—Search warrants—Subpoenas. The director on his
or her own motion or upon the verified complaint of any
interested party may investigate, examine, or inspect (1) any
transaction involving solicitation, receipt, sale, or attempted
sale of agricultural products by any person or persons acting
or assuming to act as a commission merchant, dealer, broker,
cash buyer, or agent; (2) the failure to make proper and true
account of sales and settlement thereof as required under this
chapter or rules adopted under this chapter; (3) the intentional
making of false statements as to conditions and quantity of
any agricultural products received or in storage; (4) the intentional making of false statements as to market conditions; (5)
the failure to make payment for products within the time
required by this chapter; (6) any and all other injurious transactions. In furtherance of such an investigation, examination,
or inspection, the director or an authorized representative
may examine that portion of the ledgers, books, accounts,
memoranda and other documents, agricultural products,
scales, measures, and other articles and things used in connection with the business of the person relating to the transactions involved. For the purpose of the investigation the director shall at all times have free and unimpeded access to all
buildings, yards, warehouses, storage, and transportation
facilities or any other place where agricultural products are
kept, stored, handled, or transported. If the director is denied
access, the director may apply to any court of competent
jurisdiction for a search warrant authorizing access to the premises and records. The court may upon the application issue
the search warrant for the purposes requested. The director
may also, for the purpose of the investigation, issue subpoenas to compel the attendance of witnesses, as provided in
RCW 20.01.170, or the production of books or documents,
anywhere in the state. [2003 c 395 § 6; 1959 c 139 § 32.]
20.01.410
20.01.410 Manifest of cargo—Bill of lading. (1) A
copy of a manifest of cargo, on a form prescribed by the
director, shall be carried on any vehicle transporting agricultural products purchased by a dealer or cash buyer, or consigned to a commission merchant from the consignor thereof
when prescribed by the director. A bill of lading may be carried in lieu of a manifest of cargo for an agricultural product
other than hay or straw.
(2) Except as provided in subsection (3) of this section,
the commission merchant, dealer, or cash buyer of agricultural products shall issue a copy of the manifest or bill of lading to the consignor of the agricultural products and the original shall be retained by the licensee for a period of three
years during which time it shall be surrendered upon request
to the director. The manifest of cargo is valid only when
signed by the licensee or his or her agent and the consignor or
20.01.482
his or her authorized representative of the agricultural products.
(3) The commission merchant or dealer of hay or straw
shall issue a copy of a manifest to the consignor. The original
copy shall be retained by the commission merchant or dealer
for a period of three years during which time it shall be surrendered upon request to the director. The manifest of cargo
is valid only when signed by the licensee or his or her agent
and the consignor or his or her authorized representative of
hay or straw.
(4) Manifest forms will be provided to licensees at the
actual cost for the manifests plus necessary handling costs
incurred by the department. [2003 c 395 § 7; 1971 ex.s. c 182
§ 12; 1959 c 139 § 41.]
20.01.460
20.01.460 Prohibited acts—Penalties. (1) Any person
who violates the provisions of this chapter or fails to comply
with the rules adopted under this chapter is guilty of a gross
misdemeanor, except as provided in subsections (2) through
(4) of this section.
(2) Any commission merchant, dealer, or cash buyer, or
any person assuming or attempting to act as a commission
merchant, dealer, or cash buyer without a license is guilty of
a class C felony who:
(a) Imposes false charges for handling or services in connection with agricultural products.
(b) Makes fictitious sales or is guilty of collusion to
defraud the consignor.
(c) Intentionally makes false statement or statements as
to the grade, conditions, markings, quality, or quantity of
goods shipped or packed in any manner.
(d) With the intent to defraud the consignor, fails to comply with the requirements set forth under RCW
20.01.010(10), 20.01.390, or 20.01.430.
(3) Any person who violates the provisions of RCW
20.01.040, 20.01.080, 20.01.120, 20.01.125, 20.01.410, or
20.01.610 has committed a civil infraction.
(4) Unlawful issuance of a check or draft may be prosecuted under RCW 9A.56.060. [2003 c 395 § 8; 1989 c 354 §
43; 1988 c 254 § 19; 1986 c 178 § 13; 1982 c 20 § 4; 1959 c
139 § 46.]
Severability—1989 c 354: See note following RCW 15.36.012.
20.01.482
20.01.482 Civil infractions—Notice—Promise to
appear or respond—Misdemeanors. (Effective July 1,
2004.) (1) The director shall have the authority to issue a
notice of civil infraction if an infraction is committed in his or
her presence or, if after investigation, the director has reasonable cause to believe an infraction has been committed.
(2) It is a misdemeanor for any person to refuse to properly identify himself or herself for the purpose of issuance of
a notice of infraction or to refuse to sign the written promise
to appear or respond to a notice of infraction.
(3) Any person willfully violating a written and signed
promise to respond to a notice of infraction is guilty of a misdemeanor regardless of the disposition of the notice of infraction. [2003 c 53 § 161; 1986 c 178 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
[2003 RCW Supp—page 241]
20.01.490
Title 21 RCW: Securities and Investments
20.01.490
20.01.490 Civil infractions—Monetary penalty—
Failure to pay, misdemeanor. (Effective until July 1,
2004.) Any person found to have committed a civil infraction under this chapter shall be assessed a monetary penalty.
No monetary penalty so assessed may exceed five thousand
dollars. The director shall adopt a schedule of monetary penalties for each violation of this chapter classified as a civil
infraction and shall submit the schedule to the proper courts.
Whenever a monetary penalty is imposed by the court, the
penalty is immediately due and payable. The court may, at its
discretion, grant an extension of time, not to exceed thirty
days, in which the penalty must be paid. Failure to pay any
monetary penalties imposed under this chapter shall be punishable as a misdemeanor. [2003 c 395 § 9; 1986 c 178 § 5.]
Title 21
Title 21
SECURITIES AND INVESTMENTS
Chapters
21.20 Securities act of Washington.
21.30 Commodity transactions.
21.35 Uniform transfer on death security registration
act.
Chapter 21.20
Sections
21.20.110
20.01.490
20.01.490 Civil infractions—Monetary penalty—
Failure to pay, misdemeanor. (Effective July 1, 2004.) (1)
Any person found to have committed a civil infraction under
this chapter shall be assessed a monetary penalty. No monetary penalty so assessed may exceed five thousand dollars.
The director shall adopt a schedule of monetary penalties for
each violation of this chapter classified as a civil infraction
and shall submit the schedule to the proper courts. Whenever
a monetary penalty is imposed by the court, the penalty is
immediately due and payable. The court may, at its discretion, grant an extension of time, not to exceed thirty days, in
which the penalty must be paid.
(2) Failure to pay any monetary penalties imposed under
this chapter is a misdemeanor. [2003 c 395 § 9; 2003 c 53 §
162; 1986 c 178 § 5.]
Reviser's note: This section was amended by 2003 c 53 § 162 and by
2003 c 395 § 9, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
20.01.610
20.01.610 Authority to stop vehicle violating chapter—Failure to stop, civil infraction. The director or
appointed officers may stop a vehicle transporting agricultural products upon the public roads of this state if there is
reasonable cause to believe the carrier, seller, or buyer may
be in violation of this chapter. Any operator of a vehicle failing or refusing to stop when directed to do so has committed
a civil infraction.
The director and appointed officers shall work to ensure
that vehicles carrying perishable agricultural products are
detained no longer than is absolutely necessary for a prompt
assessment of compliance with this chapter. If a vehicle carrying perishable agricultural products is found to be in violation of this chapter, the director or appointed officers shall
promptly issue necessary notices of civil infraction, as provided in RCW 20.01.482 and 20.01.484, and shall allow the
vehicle to continue toward its destination without further
delay. [2003 c 395 § 10; 1986 c 178 § 14; 1983 c 305 § 8.]
Severability—1983 c 305: See note following RCW 20.01.010.
[2003 RCW Supp—page 242]
Chapter 21.20 RCW
SECURITIES ACT OF WASHINGTON
21.20.390
21.20.395
21.20.400
21.20.400
21.20.110
Director may deny, suspend, revoke, restrict, condition, or
limit any application or registration—Director may censure
or fine registrant—Grounds—Procedures—Costs—
Accounting.
Injunction, cease and desist order, restraining order, mandamus—Appointment of receiver or conservator for insolvent—Restitution or damages—Costs—Accounting.
Administrative action—Hearing—Judicial review—Judgment.
Penalty for violation of chapter—Limitation of actions (as
amended by 2003 c 288).
Penalty for violation of chapter—Limitation of actions (as
amended by 2003 c 53). (Effective July 1, 2004.)
21.20.110 Director may deny, suspend, revoke,
restrict, condition, or limit any application or registration—Director may censure or fine registrant—
Grounds—Procedures—Costs—Accounting. (1) The
director may by order deny, suspend, revoke, restrict, condition, or limit any application or registration of any brokerdealer, salesperson, investment adviser representative, or
investment adviser; or censure or fine the registrant or an
officer, director, partner, or person performing similar functions for a registrant; if the director finds that the order is in
the public interest and that the applicant or registrant or, in
the case of a broker-dealer or investment adviser, any partner,
officer, director, or person performing similar functions:
(a) Has filed an application for registration under this
section which, as of its effective date, or as of any date after
filing in the case of an order denying effectiveness, was
incomplete in any material respect or contained any statement which was, in the light of the circumstances under
which it was made, false, or misleading with respect to any
material fact;
(b) Has willfully violated or willfully failed to comply
with any provision of this chapter or a predecessor act or any
rule or order under this chapter or a predecessor act, or any
provision of chapter 21.30 RCW or any rule or order thereunder;
(c) Has been convicted, within the past ten years, of any
misdemeanor involving a security, or a commodity contract
or commodity option as defined in RCW 21.30.010, or any
aspect of the securities, commodities, business investments,
franchises, business opportunities, insurance, banking, or
finance business, or any felony involving moral turpitude;
(d) Is permanently or temporarily enjoined or restrained
by any court of competent jurisdiction in an action brought by
the director, a state, or a federal government agency from
engaging in or continuing any conduct or practice involving
any aspect of the securities, commodities, business invest-
Securities Act of Washington
ments, franchises, business opportunities, insurance, banking, or finance business;
(e) Is the subject of an order entered after notice and
opportunity for hearing:
(i) By the securities administrator of a state or by the
Securities and Exchange Commission denying, revoking,
barring, or suspending registration as a broker-dealer, salesperson, investment adviser, or investment adviser representative;
(ii) By the securities administrator of a state or by the
Securities and Exchange Commission against a brokerdealer, salesperson, investment adviser, or an investment
adviser representative;
(iii) By the Securities and Exchange Commission or selfregulatory organization suspending or expelling the registrant from membership in a self-regulatory organization; or
(iv) By a court adjudicating a United States Postal Service fraud;
The director may not commence a revocation or suspension proceeding more than one year after the date of the order
relied on. The director may not enter an order on the basis of
an order under another state securities act unless that order
was based on facts that would constitute a ground for an order
under this section;
(f) Is the subject of an order, adjudication, or determination, after notice and opportunity for hearing, by the Securities and Exchange Commission, the Commodities Futures
Trading Commission, the Federal Trade Commission, or a
securities or insurance regulator of any state that the person
has violated the Securities Act of 1933, the Securities
Exchange Act of 1934, the Investment Advisers Act of 1940,
the Investment Company Act of 1940, the Commodities
Exchange Act, the securities, insurance, or commodities law
of any state, or a federal or state law under which a business
involving investments, franchises, business opportunities,
insurance, banking, or finance is regulated;
(g) Has engaged in dishonest or unethical practices in the
securities or commodities business;
(h) Is insolvent, either in the sense that his or her liabilities exceed his or her assets or in the sense that he or she cannot meet his or her obligations as they mature; but the director may not enter an order against an applicant or registrant
under this subsection (1)(h) without a finding of insolvency
as to the applicant or registrant;
(i) Has not complied with a condition imposed by the
director under RCW 21.20.100, or is not qualified on the
basis of such factors as training, experience, or knowledge of
the securities business, except as otherwise provided in subsection (2) of this section;
(j) Has failed to supervise reasonably a salesperson or an
investment adviser representative, or employee, if the salesperson, investment adviser representative, or employee was
subject to the person's supervision and committed a violation
of this chapter or a rule adopted or order issued under this
chapter. For the purposes of this subsection, no person fails
to supervise reasonably another person, if:
(i) There are established procedures, and a system for
applying those procedures, that would reasonably be
expected to prevent and detect, insofar as practicable, any
violation by another person of this chapter, or a rule or order
under this chapter; and
21.20.110
(ii) The supervising person has reasonably discharged
the duties and obligations required by these procedures and
system without reasonable cause to believe that another person was violating this chapter or rules or orders under this
chapter;
(k) Has failed to pay the proper filing fee within thirty
days after being notified by the director of a deficiency, but
the director shall vacate an order under this subsection (1)(k)
when the deficiency is corrected;
(l) Within the past ten years has been found, after notice
and opportunity for a hearing to have:
(i) Violated the law of a foreign jurisdiction governing or
regulating the business of securities, commodities, insurance,
or banking;
(ii) Been the subject of an order of a securities regulator
of a foreign jurisdiction denying, revoking, or suspending the
right to engage in the business of securities as a brokerdealer, agent, investment adviser, or investment adviser representative; or
(iii) Been suspended or expelled from membership by a
securities exchange or securities association operating under
the authority of the securities regulator of a foreign jurisdiction;
(m) Is the subject of a cease and desist order issued by
the Securities and Exchange Commission or issued under the
securities or commodities laws of a state; or
(n) Refuses to allow or otherwise impedes the director
from conducting an audit, examination, or inspection, or
refuses access to any branch office or business location to
conduct an audit, examination, or inspection.
(2) The director, by rule or order, may require that an
examination, including an examination developed or
approved by an organization of securities administrators, be
taken by any class of or all applicants. The director, by rule
or order, may waive the examination as to a person or class of
persons if the administrator determines that the examination
is not necessary or appropriate in the public interest or for the
protection of investors.
(3) The director may issue a summary order pending
final determination of a proceeding under this section upon a
finding that it is in the public interest and necessary or appropriate for the protection of investors.
(4) The director may not impose a fine under this section
except after notice and opportunity for hearing. The fine
imposed under this section may not exceed ten thousand dollars for each act or omission that constitutes the basis for issuing the order. If a petition for judicial review has not been
timely filed under RCW 34.05.542(2), a certified copy of the
director's order requiring payment of the fine may be filed in
the office of the clerk of the superior court in any county of
this state. The clerk shall treat the order of the director in the
same manner as a judgment of the superior court. The director's order so filed has the same effect as a judgment of the
superior court and may be recorded, enforced, or satisfied in
like manner.
(5) Withdrawal from registration as a broker-dealer,
salesperson, investment adviser, or investment adviser representative becomes effective thirty days after receipt of an
application to withdraw or within such shorter period as the
administrator determines, unless a revocation or suspension
proceeding is pending when the application is filed. If a pro[2003 RCW Supp—page 243]
21.20.390
Title 21 RCW: Securities and Investments
ceeding is pending, withdrawal becomes effective upon such
conditions as the director, by order, determines. If no proceeding is pending or commenced and withdrawal automatically becomes effective, the administrator may nevertheless
commence a revocation or suspension proceeding under subsection (1)(b) of this section within one year after withdrawal
became effective and enter a revocation or suspension order
as of the last date on which registration was effective.
(6) A person who, directly or indirectly, controls a person not in compliance with any part of this section may also
be sanctioned to the same extent as the noncomplying person,
unless the controlling person acted in good faith and did not
directly or indirectly induce the conduct constituting the violation or cause of action.
(7) In any action under subsection (1) of this section, the
director may charge the costs, fees, and other expenses
incurred by the director in the conduct of any administrative
investigation, hearing, or court proceeding against any person
found to be in violation of any provision of this section or any
rule or order adopted under this section.
(8) In any action under subsection (1) of this section, the
director may enter an order requiring an accounting, restitution, and disgorgement, including interest at the legal rate
under RCW 4.56.110(3). The director may by rule or order
provide for payments to investors, rates of interest, periods of
accrual, and other matters the director deems appropriate to
implement this subsection.
(9) The director shall immediately suspend the license or
certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support
order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of
the license or certificate shall be automatic upon the director's
receipt of a release issued by the department of social and
health services stating that the licensee is in compliance with
the order. [2003 c 288 § 4; 2002 c 65 § 4; 1998 c 15 § 10;
1997 c 58 § 856; 1994 c 256 § 10; 1993 c 470 § 3; 1986 c 14
§ 45; 1979 ex.s. c 68 § 7; 1975 1st ex.s. c 84 § 7; 1965 c 17 §
2; 1959 c 282 § 11.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—Effective date—1986 c 14: See RCW 21.30.900 and
21.30.901.
scribed by the director, to correct conditions resulting from
the act or practice including, without limitation, a requirement to provide restitution. Reasonable notice of and opportunity for a hearing shall be given. The director may issue a
summary order pending the hearing which shall remain in
effect until ten days after the hearing is held and which shall
become final if the person to whom notice is addressed does
not request a hearing within twenty days after the receipt of
notice; or
(2) The director may without issuing a cease and desist
order, bring an action in any court of competent jurisdiction
to enjoin any such acts or practices and to enforce compliance
with this chapter or any rule or order adopted under this chapter. The court may grant such ancillary relief, including a
civil penalty, restitution, and disgorgement, as it deems
appropriate. Upon a proper showing a permanent or temporary injunction, restraining order, or writ of mandamus shall
be granted and a receiver or conservator may be appointed for
the defendant or the defendant's assets. The director may not
be required to post a bond. If the director prevails, the director shall be entitled to a reasonable attorney's fee to be fixed
by the court.
(3) Whenever it appears to the director that any person
who has received a permit to issue, sell, or otherwise dispose
of securities under this chapter, whether current or otherwise,
has become insolvent, the director may petition a court of
competent jurisdiction to appoint a receiver or conservator
for the defendant or the defendant's assets. The director may
not be required to post a bond.
(4) The director may bring an action for restitution or
damages on behalf of the persons injured by a violation of
this chapter, if the court finds that private civil action would
be so burdensome or expensive as to be impractical.
(5) In any action under this section, the director may
charge the costs, fees, and other expenses incurred by the
director in the conduct of any administrative investigation,
hearing, or court proceeding against any person found to be
in violation of any provision of this section or any rule or
order adopted under this section.
(6) In any action under subsection (1) of this section, the
director may enter an order requiring an accounting, restitution, and disgorgement, including interest at the legal rate
under RCW 4.56.110(3). The director may by rule or order
provide for payments to investors, interest rates, periods of
accrual, and other matters the director deems appropriate to
implement this subsection. [2003 c 288 § 5; 1995 c 46 § 7;
1994 c 256 § 23; 1981 c 272 § 8; 1979 ex.s. c 68 § 27; 1975
1st ex.s. c 84 § 23; 1974 ex.s. c 77 § 10; 1959 c 282 § 39.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
21.20.390
21.20.390 Injunction, cease and desist order,
restraining order, mandamus—Appointment of receiver
or conservator for insolvent—Restitution or damages—
Costs—Accounting. Whenever it appears to the director
that any person has engaged or is about to engage in any act
or practice constituting a violation of any provision of this
chapter or any rule or order hereunder, the director may in his
or her discretion:
(1) Issue an order directing the person to cease and desist
from continuing the act or practice and to take appropriate
affirmative action within a reasonable period of time, as pre[2003 RCW Supp—page 244]
Effective date—1974 ex.s. c 77: See note following RCW 21.20.040.
21.20.395
21.20.395 Administrative action—Hearing—Judicial
review—Judgment. (1) A person who, in an administrative
action by the director, is found to have knowingly or recklessly violated any provision of this chapter, or any rule or
order under this chapter, may be fined, after notice and
opportunity for hearing, in an amount not to exceed ten thousand dollars for each violation.
(2) A person who, in an administrative action by the
director, is found to have knowingly or recklessly violated an
Commodity Transactions
administrative order issued under RCW 21.20.110 or
21.20.390 shall pay an administrative fine in an amount not to
exceed twenty-five thousand dollars for each violation.
(3) The fines paid under subsections (1) and (2) of this
section shall be deposited into the securities prosecution
fund.
(4) If a petition for judicial review has not been timely
filed under RCW 34.05.542(2), a certified copy of the director's order requiring payment of the fine may be filed in the
office of the clerk of the superior court in any county of this
state. The clerk shall treat the order of the director in the
same manner as a judgment of the superior court. The director's order so filed has the same effect as a judgment of the
superior court and may be recorded, enforced, or satisfied in
like manner. [2003 c 288 § 6; 1998 c 15 § 18.]
21.35.005
conviction be fined not more than twenty thousand dollars or
imprisoned not more than ten years, or both. However, no
person may be imprisoned for the violation of a rule or order
if the person proves that he or she had no knowledge of the
rule or order. No indictment or information may be returned
under this chapter more than five years after the alleged violation. [2003 c 53 § 164; 1986 c 14 § 14.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 21.35 RCW
UNIFORM TRANSFER ON DEATH SECURITY
REGISTRATION ACT
Chapter 21.35
Sections
21.35.005
Definitions.
21.20.400
21.20.400 Penalty for violation of chapter—Limitation of actions
(as amended by 2003 c 288). (1) Any person who willfully violates any provision of this chapter except RCW 21.20.350, or who willfully violates any
rule or order under this chapter, or who willfully violates RCW 21.20.350
knowing the statement made to be false or misleading in any material
respect, ((shall upon conviction be fined not more than five thousand dollars
or imprisoned not more than ten years, or both; but no)) is guilty of a class B
felony punishable under RCW 9A.20.021(1)(b). However, a person may not
be imprisoned for the violation of any rule or order if that person proves that
he or she had no knowledge of the rule or order.
(2) Any person who knowingly alters, destroys, shreds, mutilates, or
conceals a record, document, or other object, or attempts to do so, with the
intent to impair the object's integrity or availability for use in an official proceeding under this chapter, is guilty of a class B felony punishable under
RCW 9A.20.021(1)(b) or punishable by a fine of not more than five hundred
thousand dollars, or both. The fines paid under this subsection shall be
deposited into the securities prosecution fund.
(3) No indictment or information may be returned under this chapter
more than (a) five years after the ((alleged)) violation, or (b) three years after
the actual discovery of the violation, whichever date of limitation is later.
[2003 c 288 § 3; 1979 ex.s. c 68 § 28; 1965 c 17 § 5; 1959 c 282 § 40.]
21.20.400
21.20.400 Penalty for violation of chapter—Limitation of actions
(as amended by 2003 c 53). (Effective July 1, 2004.) Any person who willfully violates any provision of this chapter except RCW 21.20.350, or who
willfully violates any rule or order under this chapter, or who willfully violates RCW 21.20.350 knowing the statement made to be false or misleading
in any material respect, is guilty of a class B felony and shall upon conviction
be fined not more than five thousand dollars or imprisoned not more than ten
years, or both; but no person may be imprisoned for the violation of any rule
or order if that person proves that he or she had no knowledge of the rule or
order. No indictment or information may be returned under this chapter
more than five years after the alleged violation. [2003 c 53 § 163; 1979 ex.s.
c 68 § 28; 1965 c 17 § 5; 1959 c 282 § 40.]
Reviser's note: RCW 21.20.400 was amended twice during the 2003
legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 21.30
Chapter 21.30 RCW
COMMODITY TRANSACTIONS
Sections
21.30.140
21.30.140
Willful violations—Penalty—Limitation on actions. (Effective July 1, 2004.)
21.30.140 Willful violations—Penalty—Limitation
on actions. (Effective July 1, 2004.) A person who willfully
violates this chapter, or who willfully violates a rule or order
under this chapter, is guilty of a class B felony and shall upon
21.35.005
21.35.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Beneficiary form" means a registration of a security
that indicates the present owner of the security and the intention of the owner regarding the person who will become the
owner of the security upon the death of the owner, referred to
as a "beneficiary."
(2) "Devisee" means any person designated in a will to
receive a disposition of real or personal property.
(3) "Heirs" means those persons, including the surviving
spouse, who are entitled under the statutes of intestate succession to the property of a decedent.
(4) "Person" means an individual, a corporation, an organization, or other legal entity.
(5) "Personal representative" includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status.
(6) "Property" includes both real and personal property
or any interest therein and means anything that may be the
subject of ownership.
(7) "Register," including its derivatives, means to issue a
certificate showing the ownership of a certificated security
or, in the case of an uncertificated security, to initiate or
transfer an account showing ownership of securities.
(8) "Registering entity" means a person who originates
or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
(9) "Security" means a share, participation, or other
interest in property, in a business, or in an obligation of an
enterprise or other issuer, and includes a certificated security,
an uncertificated security, and a security account.
(10) "Security account" means (a) a reinvestment
account associated with a security; a securities account with a
broker; a cash balance in a brokerage account; or cash, cash
equivalents, interest, earnings, or dividends earned or
declared on a security in an account, a reinvestment account,
or a brokerage account, whether or not credited to the account
before the owner's death; (b) an investment management or
custody account with a trust company or a trust division of a
bank with trust powers, including the securities in the
[2003 RCW Supp—page 245]
Title 22
Title 22 RCW: Warehousing and Deposits
account; a cash balance in the account; and cash, cash equivalents, interest, earnings, or dividends earned or declared on
a security in the account, whether or not credited to the
account before the owner's death; or (c) a cash balance or
other property held for or due to the owner of a security as a
replacement for or product of an account security, whether or
not credited to the account before the owner's death.
(11) "State" includes any state of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and
any territory or possession subject to the legislative authority
of the United States. [2003 c 118 § 1; 1993 c 287 § 1.]
Title 22
Title 22
(2) Except as provided in RCW 23.86.087, any vacancy
occurring in the board of directors, and any directorship to be
filled by reason of an increase in the number of directors, may
be filled by the board of directors unless the articles of incorporation or the bylaws provide that a vacancy or directorship
so created shall be filled in some other manner. A director
elected or appointed to fill a vacancy shall be elected or
appointed for the unexpired term of the predecessor in office.
[2003 c 252 § 1; 1989 c 307 § 10; 1913 c 19 § 5; RRS § 3908.
Formerly RCW 23.56.080.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
Title 23B
WAREHOUSING AND DEPOSITS
Chapters
22.09 Agricultural commodities.
Chapter 22.09
Chapter 22.09 RCW
AGRICULTURAL COMMODITIES
Sections
22.09.660
Emergency storage situation—Forwarding to other warehouses.
22.09.660
22.09.660 Emergency storage situation—Forwarding to other warehouses. Upon determining that an emergency storage situation appears to exist, the director may
authorize the warehouseman to forward grain that is covered
by negotiable receipts to other licensed warehouses for storage without canceling and reissuing the negotiable receipts
pursuant to conditions established by rule. [2003 c 13 § 1;
1983 c 305 § 64.]
Severability—1983 c 305: See note following RCW 20.01.010.
Title 23
Title 23
CORPORATIONS AND ASSOCIATIONS
(PROFIT)
Business Corporation Act: See Title 23B RCW
Chapters
23.86 Cooperative associations.
Chapter 23.86
Chapter 23.86 RCW
COOPERATIVE ASSOCIATIONS
Sections
23.86.080
Directors—Election and appointment.
23.86.080
23.86.080 Directors—Election and appointment. (1)
Associations shall be managed by a board of not less than
three directors (which may be referred to as "trustees"). The
directors shall be elected by the members of the association at
such time, in such manner, and for such term of office as the
bylaws may prescribe, and shall hold office during the term
for which they were elected and until their successors are
elected and qualified.
[2003 RCW Supp—page 246]
Title 23B
WASHINGTON BUSINESS
CORPORATION ACT
Chapters
23B.01
General provisions.
23B.07
Shareholders.
23B.10
Amendment of articles of incorporation and
bylaws.
23B.11
Merger and share exchange.
23B.12
Sale of assets.
23B.13
Dissenters' rights.
23B.14
Dissolution.
Chapter 23B.01
Chapter 23B.01 RCW
GENERAL PROVISIONS
Sections
23B.01.420 Notice—Common address—Address defined—Shareholder
consent.
23B.01.420
23B.01.420 Notice—Common address—Address
defined—Shareholder consent. (1) A corporation has provided notice or any other record to shareholders of record
who share a common address if all of the following requirements are met:
(a) The corporation delivers the notice or other record to
the common address;
(b) The corporation addresses the notice or other record
to the shareholders who share that address either as a group or
to each of the shareholders individually; and
(c) Each shareholder consents in a record to delivery of a
single copy of such a notice or other record to the shareholders' common address, and the corporation notifies each shareholder of the duration of that shareholder's consent, and
explains the manner by which the shareholder can revoke the
consent.
(2) For purposes of this section, "address" means a street
address, a post office box number, a facsimile telephone
number, a common address, location, or system for electronic
transmissions, or another similar destination to which records
are delivered.
(3) If a shareholder revokes consent to delivery of a single copy of any notice or other record to a common address,
or notifies the corporation that the shareholder wishes to
receive an individual copy of any notice or other record, the
corporation shall begin sending individual copies to that
Shareholders
shareholder within thirty days after the corporation receives
the revocation of consent or notice.
(4) Prior to the delivery of notice by electronic transmission to a common address, location, or system for electronic
transmissions under this section, each shareholder consenting
to receive notice under this section must also have consented
to the receipt of notices by electronic transmission as provided in RCW 23B.01.410. [2003 c 35 § 1.]
Chapter 23B.07
Chapter 23B.07 RCW
SHAREHOLDERS
Sections
23B.07.260 Action by single and multiple voting groups.
23B.07.260
23B.07.260 Action by single and multiple voting
groups. (1) If the articles of incorporation or this title provide for voting on a matter by all shares entitled to vote
thereon, voting together as a single voting group and do not
provide for separate voting by any other voting group or
groups with respect to that matter, action on that matter is
taken when voted upon by that single voting group as provided in RCW 23B.07.250.
(2) If the articles of incorporation or this title provide for
voting by two or more voting groups on a matter, action on
that matter is taken only when voted upon by each of those
voting groups as provided in RCW 23B.07.250. [2003 c 35 §
2; 1989 c 165 § 74.]
Chapter 23B.10 RCW
AMENDMENT OF ARTICLES OF INCORPORATION
AND BYLAWS
Chapter 23B.10
Sections
23B.10.020 Amendment of articles of incorporation by board of directors.
23B.10.030 Amendment of articles of incorporation by board of directors
and shareholders.
23B.10.040 Voting on amendments to articles of incorporation by voting
groups.
23B.10.020
23B.10.020 Amendment of articles of incorporation
by board of directors. Unless the articles of incorporation
provide otherwise, a corporation's board of directors may
adopt one or more amendments to the corporation's articles of
incorporation without shareholder action:
(1) If the corporation has only one class of shares outstanding, to provide, change, or eliminate any provision with
respect to the par value of any class of shares;
(2) To delete the names and addresses of the initial directors;
(3) To delete the name and address of the initial registered agent or registered office, if a statement of change is on
file with the secretary of state;
(4) If the corporation has only one class of shares outstanding, solely to:
(a) Effect a forward split of, or change the number of
authorized shares of that class in proportion to a forward split
of, or stock dividend in, the corporation's outstanding shares;
or
(b) Effect a reverse split of the corporation's outstanding
shares and the number of authorized shares of that class in the
same proportions;
23B.10.040
(5) To change the corporate name; or
(6) To make any other change expressly permitted by
this title to be made without shareholder action. [2003 c 35 §
3; 1989 c 165 § 121.]
23B.10.030
23B.10.030 Amendment of articles of incorporation
by board of directors and shareholders. (1) A corporation's board of directors may propose one or more amendments to the articles of incorporation for submission to the
shareholders.
(2) For the amendment to be adopted:
(a) The board of directors must recommend the amendment to the shareholders unless the board of directors determines that because of conflict of interest or other special circumstances it should make no recommendation and communicates the basis for its determination to the shareholders with
the amendment; and
(b) The shareholders entitled to vote on the amendment
must approve the amendment as provided in subsection (5) of
this section.
(3) The board of directors may condition its submission
of the proposed amendment on any basis, including the affirmative vote of holders of a specified percentage of shares
held by any group of shareholders not otherwise entitled
under this title or the articles of incorporation to vote as a separate voting group on the proposed amendment.
(4) The corporation shall notify each shareholder,
whether or not entitled to vote, of the proposed shareholders'
meeting in accordance with RCW 23B.07.050. The notice of
meeting must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed amendment
and contain or be accompanied by a copy of the amendment.
(5) In addition to any other voting conditions imposed by
the board of directors under subsection (3) of this section, the
amendment to be adopted must be approved by two-thirds,
or, in the case of a public company, a majority, of the voting
group comprising all the votes entitled to be cast on the proposed amendment, and of each other voting group entitled
under RCW 23B.10.040 or the articles of incorporation to
vote separately on the proposed amendment. The articles of
incorporation may require a greater vote than that provided
for in this subsection. The articles of incorporation of a corporation other than a public company may require a lesser
vote than that provided for in this subsection, or may require
a lesser vote by separate voting groups, so long as the
required vote is not less than a majority of all the votes entitled to be cast on the proposed amendment and of each other
voting group entitled to vote separately on the proposed
amendment. Separate voting by additional voting groups is
required on a proposed amendment under the circumstances
described in RCW 23B.10.040. [2003 c 35 § 4; 1989 c 165 §
122.]
23B.10.040
23B.10.040 Voting on amendments to articles of
incorporation by voting groups. (1) Except as otherwise
required by subsection (3) of this section or otherwise permitted by subsection (4) of this section, the holders of the outstanding shares of a class or series are entitled to vote as a
separate voting group on a proposed amendment if shareholder voting is otherwise required by this title and if the
amendment would:
[2003 RCW Supp—page 247]
Chapter 23B.11
Title 23B RCW: Washington Business Corporation Act
(a) Increase the aggregate number of authorized shares
of the class or series;
(b) Effect an exchange or reclassification of all or part of
the issued and outstanding shares of the class or series into
shares of another class or series, thereby adversely affecting
the holders of the shares so exchanged or reclassified;
(c) Change the rights, preferences, or limitations of all or
part of the issued and outstanding shares of the class or series,
thereby adversely affecting the holders of shares of the class
or series;
(d) Change all or part of the issued and outstanding
shares of the class or series into a different number of shares
of the same class or series, thereby adversely affecting the
holders of shares of the class or series;
(e) Create a new class or series of shares having rights or
preferences with respect to distributions or to dissolution that
are, or upon designation by the board of directors in accordance with RCW 23B.06.020 may be, prior, superior, or substantially equal to the shares of the class or series;
(f) Increase the rights or preferences with respect to distributions or to dissolution, or the number of authorized
shares of any class or series that, after giving effect to the
amendment, has rights or preferences with respect to distributions or to dissolution that are, or upon designation by the
board of directors in accordance with RCW 23B.06.020 may
be, prior, superior, or substantially equal to the shares of the
class or series;
(g) Limit or deny an existing preemptive right of all or
part of the shares of the class or series;
(h) Cancel or otherwise adversely affect rights to distributions or dividends that have accumulated but not yet been
declared on all or part of the shares of the class or series; or
(i) Effect a redemption or cancellation of all or part of the
shares of the class or series in exchange for cash or any other
form of consideration other than shares of the corporation.
(2) If a proposed amendment would affect only a series
of a class of shares in one or more of the ways described in
subsection (1) of this section, only the shares of that series are
entitled to vote as a separate voting group on the proposed
amendment. A voting group entitled to vote separately under
this section may never comprise a group of holders smaller
than the holders of a single class or series authorized and designated as a class or series in the articles of incorporation,
unless otherwise provided in the articles of incorporation or
unless the board of directors conditions its submission of the
proposed amendment on a separate vote by one or more
smaller voting groups.
(3) If a proposed amendment, that would otherwise entitle two or more classes or series of shares to vote as separate
voting groups under this section, would affect those two or
more classes or series in the same or a substantially similar
way, then instead of voting as separate voting groups the
shares of all similarly affected classes or series shall vote
together as a single voting group on the proposed amendment, unless otherwise provided in the articles of incorporation or unless the board of directors conditions its submission
of the proposed amendment on a separate vote by one or
more classes or series.
(4) A class or series of shares is entitled to the voting
group rights granted by this section although the articles of
incorporation generally describe the shares of the class or
[2003 RCW Supp—page 248]
series as nonvoting shares. The articles of incorporation
may, however, limit or deny the voting group rights granted
by subsection (1)(a), (e), or (f) of this section as to any class
or series of issued or unissued shares, by means of a provision
that makes explicit reference to the limitation or denial of
voting group rights that would otherwise apply under subsection (1)(a), (e), or (f) of this section. [2003 c 35 § 5; 1989 c
165 § 123.]
Chapter 23B.11
Chapter 23B.11 RCW
MERGER AND SHARE EXCHANGE
Sections
23B.11.030 Action on plan of merger or share exchange.
23B.11.035 Plan of merger or share exchange—Separate voting group.
23B.11.030
23B.11.030 Action on plan of merger or share
exchange. (1) After adopting a plan of merger or share
exchange, the board of directors of each corporation party to
the merger, and the board of directors of the corporation
whose shares will be acquired in the share exchange, shall
submit the plan of merger, except as provided in subsection
(7) of this section, or share exchange for approval by its
shareholders.
(2) For a plan of merger or share exchange to be
approved:
(a) The board of directors must recommend the plan of
merger or share exchange to the shareholders, unless the
board of directors determines that because of conflict of interest or other special circumstances it should make no recommendation and communicates the basis for its determination
to the shareholders with the plan; and
(b) The shareholders entitled to vote must approve the
plan, except as provided in subsection (7) of this section.
(3) The board of directors may condition its submission
of the proposed plan of merger or share exchange on any
basis, including the affirmative vote of holders of a specified
percentage of shares held by any group of shareholders not
otherwise entitled under this title or the articles of incorporation to vote as a separate voting group on the proposed plan
of merger or share exchange.
(4) The corporation shall notify each shareholder,
whether or not entitled to vote, of the proposed shareholders'
meeting in accordance with RCW 23B.07.050. The notice
must also state that the purpose, or one of the purposes, of the
meeting is to consider the plan of merger or share exchange
and must contain or be accompanied by a copy or summary
of the plan.
(5) In addition to any other voting conditions imposed by
the board of directors under subsection (3) of this section, the
plan of merger to be authorized must be approved by twothirds of the voting group comprising all the votes entitled to
be cast on the plan, and of each other voting group entitled
under RCW 23B.11.035 or the articles of incorporation to
vote separately on the plan, unless shareholder action is not
required under subsection (7) of this section. The articles of
incorporation may require a greater or lesser vote than that
provided in this subsection, or a greater or lesser vote by separate voting groups, so long as the required vote is not less
than a majority of all the votes entitled to be cast on the plan
of merger and of each other voting group entitled to vote sep-
Merger and Share Exchange
arately on the plan. Separate voting by additional voting
groups is required on a plan of merger under the circumstances described in RCW 23B.11.035.
(6) In addition to any other voting conditions imposed by
the board of directors under subsection (3) of this section, the
plan of share exchange to be authorized must be approved by
two-thirds of the voting group comprising all the votes entitled to be cast on the plan, and of each other voting group
entitled under RCW 23B.11.035 or the articles of incorporation to vote separately on the plan. The articles of incorporation may require a greater or lesser vote than that provided in
this subsection, or a greater or lesser vote by separate voting
groups, so long as the required vote is not less than a majority
of all the votes entitled to be cast on the plan of share
exchange and of each other voting group entitled to vote separately on the plan. Separate voting by additional voting
groups is required on a plan of share exchange under the circumstances described in RCW 23B.11.035.
(7) Action by the shareholders of the surviving corporation on a plan of merger is not required if:
(a) The articles of incorporation of the surviving corporation will not differ, except for amendments enumerated in
RCW 23B.10.020, from its articles of incorporation before
the merger;
(b) Each shareholder of the surviving corporation whose
shares were outstanding immediately before the effective
date of the merger will hold the same number of shares, with
identical designations, preferences, limitations, and relative
rights, immediately after the merger;
(c) The number of voting shares outstanding immediately after the merger, plus the number of voting shares issuable as a result of the merger, either by the conversion of
securities issued pursuant to the merger or the exercise of
rights and warrants issued pursuant to the merger, will not
exceed the total number of voting shares of the surviving corporation authorized by its articles of incorporation immediately before the merger; and
(d) The number of participating shares outstanding
immediately after the merger, plus the number of participating shares issuable as a result of the merger, either by the conversion of securities issued pursuant to the merger or the
exercise of rights and warrants issued pursuant to the merger,
will not exceed the total number of participating shares
authorized by its articles of incorporation immediately before
the merger.
(8) As used in subsection (7) of this section:
(a) "Participating shares" means shares that entitle their
holders to participate without limitation in distributions.
(b) "Voting shares" means shares that entitle their holders to vote unconditionally in elections of directors.
(9) After a merger or share exchange is authorized, and
at any time before articles of merger or share exchange are
filed, the planned merger or share exchange may be abandoned, subject to any contractual rights, without further
shareholder action, in accordance with the procedure set forth
in the plan of merger or share exchange or, if none is set forth,
in the manner determined by the board of directors. [2003 c
35 § 6; 1989 c 165 § 133.]
23B.11.035
23B.11.035 Plan of merger or share exchange—Separate voting group. (1) Except as otherwise required by
23B.11.035
subsection (3) of this section or otherwise permitted by subsection (4) of this section, the holders of the outstanding
shares of a class or series are entitled to vote as a separate voting group on a proposed plan of merger or plan of share
exchange if shareholder voting is otherwise required by this
title and if, as a result of the proposed plan, holders of part or
all of the class or series would hold or receive:
(a) Shares of any class or series of the surviving or
acquiring corporation, or of any parent corporation of the surviving corporation, and either (i) that class or series has a
greater number of authorized shares than the class or series
held by the holders prior to the merger or share exchange, or
(ii) the proposed plan effects a change in the number of
shares held by the holders, or in the rights, preferences, or
limitations of the shares they hold, or in the class or series of
shares they hold, and such change adversely affects the holders;
(b) Shares of any class or series of the surviving or
acquiring corporation, or of any parent corporation of the surviving corporation, and the holders who hold or receive
shares of that class or series are adversely affected under the
proposed plan, as compared to their circumstances prior to
the proposed merger or share exchange, by the creation,
existence, number of authorized shares, or rights or preferences with respect to distributions or to dissolution, of
another class or series of shares of the surviving, acquiring, or
parent corporation having rights or preferences with respect
to distributions or to dissolution that are, or upon designation
by the surviving, acquiring, or parent corporation's board of
directors may be, prior, superior, or substantially equal to the
shares of the class or series held or to be received by the holders in the proposed merger or share exchange; or
(c) Cash or any other form of consideration other than
shares of the surviving or acquiring corporation or of any parent corporation of the surviving corporation, received upon
redemption or cancellation of all or part of their shares pursuant to the proposed plan of merger or share exchange.
(2) If a proposed plan of merger or share exchange would
affect only a series of a class of shares in one or more of the
ways described in subsection (1) of this section, only the
shares of that series are entitled to vote as a separate voting
group on the proposed plan. A voting group entitled to vote
separately under this section may never comprise a group of
holders smaller than the holders of a single class or series
authorized and designated as a class or series in the articles of
incorporation, unless otherwise provided in the articles of
incorporation or unless the board of directors conditions its
submission of the proposed plan on a separate vote by one or
more smaller voting groups.
(3) If a proposed plan of merger or share exchange, that
would otherwise entitle two or more classes or series of
shares to vote as separate voting groups under this section,
would affect those two or more classes or series in the same
or a substantially similar way, then instead of voting as separate voting groups, the shares of all similarly affected classes
or series shall vote together as a single voting group on the
proposed plan of merger or share exchange, unless otherwise
provided in the articles of incorporation or unless the board of
directors conditions its submission of the proposed plan on a
separate vote by one or more classes or series. Holders of
shares of two or more classes or series of shares who will,
[2003 RCW Supp—page 249]
Chapter 23B.12
Title 23B RCW: Washington Business Corporation Act
under a proposed plan, receive the same type of consideration
in the form of shares of the surviving or acquiring corporation
or of any parent corporation of the surviving corporation,
cash or other form of consideration, or the same combination
thereof, but in differing amounts resulting solely from application of provisions in the corporation's articles of incorporation governing distribution of consideration received in a
merger or share exchange, are affected in the same or a substantially similar way and are not, by reason of receiving the
same types or differing amounts of consideration, entitled to
vote as separate voting groups on the proposed plan, unless
the articles of incorporation expressly require otherwise or
the board of directors conditions its submission of the proposed plan on a separate vote by one or more classes or
series.
(4) A class or series of shares is entitled to the voting
group rights granted by this section although the articles of
incorporation generally describe the shares of the class or
series as nonvoting shares. The articles of incorporation
may, however, limit or deny the voting group rights granted
by this section as to any class or series of issued or unissued
shares, by means of a provision that makes explicit reference
to the limitation or denial of voting group rights that would
otherwise apply under this section. [2003 c 35 § 7.]
Chapter 23B.12
Chapter 23B.12 RCW
SALE OF ASSETS
ration and contain or be accompanied by a description of the
transaction.
(5) In addition to any other voting conditions imposed by
the board of directors under subsection (3) of this section, the
transaction to be authorized must be approved by two-thirds
of the voting group comprising all the votes entitled to be cast
on the transaction, and of each other voting group entitled
under the articles of incorporation to vote separately on the
transaction. The articles of incorporation may require a
greater or lesser vote than provided in this subsection, or a
greater or lesser vote by any separate voting groups provided
for in the articles of incorporation, so long as the required
vote is not less than a majority of all the votes entitled to be
cast on the transaction and of each other voting group entitled
to vote separately on the transaction.
(6) After a sale, lease, exchange, or other disposition of
property is authorized, the transaction may be abandoned,
subject to any contractual rights, without further shareholder
action, in a manner determined by the board of directors.
(7) A transaction that constitutes a distribution is governed by RCW 23B.06.400 and not by this section. [2003 c
35 § 8; 1989 c 165 § 139.]
Chapter 23B.13
Chapter 23B.13 RCW
DISSENTERS' RIGHTS
Sections
23B.13.020 Right to dissent.
Sections
23B.13.020
23B.12.020 Sale of assets other than in the regular course of business.
23B.12.020
23B.12.020 Sale of assets other than in the regular
course of business. (1) A corporation may sell, lease,
exchange, or otherwise dispose of all, or substantially all, of
its property, otherwise than in the usual and regular course of
business, on the terms and conditions and for the consideration determined by the corporation's board of directors, if
the board of directors proposes and its shareholders approve
the proposed transaction.
(2) For a transaction to be authorized:
(a) The board of directors must recommend the proposed
transaction to the shareholders unless the board of directors
determines that because of conflict of interest or other special
circumstances it should make no recommendation and communicates the basis for its determination to the shareholders
with the submission of the proposed transaction; and
(b) The shareholders entitled to vote must approve the
transaction.
(3) The board of directors may condition its submission
of the proposed transaction on any basis, including the affirmative vote of holders of a specified percentage of shares
held by any group of shareholders not otherwise entitled
under this title or the articles of incorporation to vote as a separate voting group on the proposed transaction.
(4) The corporation shall notify each shareholder,
whether or not entitled to vote, of the proposed shareholders'
meeting in accordance with RCW 23B.07.050. The notice
must also state that the purpose, or one of the purposes, of the
meeting is to consider the sale, lease, exchange, or other disposition of all, or substantially all, the property of the corpo[2003 RCW Supp—page 250]
23B.13.020 Right to dissent. (1) A shareholder is entitled to dissent from, and obtain payment of the fair value of
the shareholder's shares in the event of, any of the following
corporate actions:
(a) Consummation of a plan of merger to which the corporation is a party (i) if shareholder approval is required for
the merger by RCW 23B.11.030, 23B.11.080, or the articles
of incorporation, and the shareholder is entitled to vote on the
merger, or (ii) if the corporation is a subsidiary that is merged
with its parent under RCW 23B.11.040;
(b) Consummation of a plan of share exchange to which
the corporation is a party as the corporation whose shares will
be acquired, if the shareholder is entitled to vote on the plan;
(c) Consummation of a sale or exchange of all, or substantially all, of the property of the corporation other than in
the usual and regular course of business, if the shareholder is
entitled to vote on the sale or exchange, including a sale in
dissolution, but not including a sale pursuant to court order or
a sale for cash pursuant to a plan by which all or substantially
all of the net proceeds of the sale will be distributed to the
shareholders within one year after the date of sale;
(d) An amendment of the articles of incorporation,
whether or not the shareholder was entitled to vote on the
amendment, if the amendment effects a redemption or cancellation of all of the shareholder's shares in exchange for
cash or other consideration other than shares of the corporation; or
(e) Any corporate action taken pursuant to a shareholder
vote to the extent the articles of incorporation, bylaws, or a
resolution of the board of directors provides that voting or
nonvoting shareholders are entitled to dissent and obtain payment for their shares.
Dissolution
26.04.210
Title 24
(2) A shareholder entitled to dissent and obtain payment
for the shareholder's shares under this chapter may not challenge the corporate action creating the shareholder's entitlement unless the action fails to comply with the procedural
requirements imposed by this title, RCW 25.10.900 through
25.10.955, the articles of incorporation, or the bylaws, or is
fraudulent with respect to the shareholder or the corporation.
(3) The right of a dissenting shareholder to obtain payment of the fair value of the shareholder's shares shall terminate upon the occurrence of any one of the following events:
(a) The proposed corporate action is abandoned or
rescinded;
(b) A court having jurisdiction permanently enjoins or
sets aside the corporate action; or
(c) The shareholder's demand for payment is withdrawn
with the written consent of the corporation. [2003 c 35 § 9;
1991 c 269 § 37; 1989 c 165 § 141.]
Chapter 23B.14
Chapter 23B.14 RCW
DISSOLUTION
Sections
23B.14.020 Dissolution by board of directors and shareholders.
23B.14.020
23B.14.020 Dissolution by board of directors and
shareholders. (1) A corporation's board of directors may
propose dissolution for submission to the shareholders.
(2) For a proposal to dissolve to be adopted:
(a) The board of directors must recommend dissolution
to the shareholders unless the board of directors determines
that because of conflict of interest or other special circumstances it should make no recommendation and communicates the basis for its determination to the shareholders; and
(b) The shareholders entitled to vote must approve the
proposal to dissolve as provided in subsection (5) of this section.
(3) The board of directors may condition its submission
of the proposal for dissolution on any basis, including the
affirmative vote of holders of a specified percentage of shares
held by any group of shareholders not otherwise entitled
under this title or the articles of incorporation to vote as a separate voting group on the proposed dissolution.
(4) The corporation shall notify each shareholder,
whether or not entitled to vote, of the proposed shareholders'
meeting in accordance with RCW 23B.07.050. The notice
must also state that the purpose, or one of the purposes, of the
meeting is to consider dissolving the corporation.
(5) In addition to any other voting conditions imposed by
the board of directors under subsection (3) of this section, the
proposal to dissolve must be approved by two-thirds of the
voting group comprising all the votes entitled to be cast on
the proposal, and of each other voting group entitled under
the articles of incorporation to vote separately on the proposal. The articles of incorporation may require a greater or
lesser vote than provided in this subsection, or a greater or
lesser vote by any separate voting groups provided for in the
articles of incorporation, so long as the required vote is not
less than a majority of all the votes entitled to be cast on the
proposal and of each other voting group entitled to vote separately on the proposal. [2003 c 35 § 10; 1989 c 165 § 155.]
Title 24
CORPORATIONS AND ASSOCIATIONS
(NONPROFIT)
Chapters
24.06 Nonprofit miscellaneous and mutual corporations act.
Chapter 24.06 RCW
NONPROFIT MISCELLANEOUS AND MUTUAL
CORPORATIONS ACT
Chapter 24.06
Sections
24.06.465
Penalties imposed upon corporation—Penalty established by
secretary of state. (Effective July 1, 2004.)
24.06.465
24.06.465 Penalties imposed upon corporation—
Penalty established by secretary of state. (Effective July
1, 2004.) (1) Each corporation, domestic or foreign, which
fails or refuses to file its annual report for any year within the
time prescribed by this chapter shall be subject to a penalty as
established and assessed by the secretary of state.
(2) Each corporation, domestic or foreign, which fails or
refuses to answer truthfully and fully within the time prescribed by this chapter any interrogatories propounded by the
secretary of state in accordance with the provisions of this
chapter, is guilty of a misdemeanor and upon conviction
thereof shall be fined in an amount not to exceed five hundred
dollars on each count. [2003 c 53 § 165; 1994 c 287 § 11;
1969 ex.s. c 120 § 93.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Title 26
Title 26
DOMESTIC RELATIONS
Chapters
26.04 Marriage.
26.10 Nonparental actions for child custody.
26.44 Abuse of children.
26.50 Domestic violence prevention.
Chapter 26.04
Chapter 26.04 RCW
MARRIAGE
Sections
26.04.210
26.04.230
Affidavits required for issuance of license—Penalties. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
26.04.210
26.04.210 Affidavits required for issuance of
license—Penalties. (Effective July 1, 2004.) (1) The county
auditor, before a marriage license is issued, upon the payment
of a license fee as fixed in RCW 36.18.010 shall require each
applicant therefor to make and file in the auditor's office upon
blanks to be provided by the county for that purpose, an affidavit showing that if an applicant is afflicted with any contagious sexually transmitted disease, the condition is known to
both applicants, and that the applicants are the age of eighteen years or over. If the consent in writing is obtained of the
[2003 RCW Supp—page 251]
26.04.230
Title 26 RCW: Domestic Relations
father, mother, or legal guardian of the person for whom the
license is required, the license may be granted in cases where
the female has attained the age of seventeen years or the male
has attained the age of seventeen years. Such affidavit may
be subscribed and sworn to before any person authorized to
administer oaths.
(2) Anyone knowingly swearing falsely to any of the
statements contained in the affidavits mentioned in this section is guilty of perjury under chapter 9A.72 RCW.
(3) The affidavit form shall be designed to require a
statement that no contagious sexually transmitted disease is
present or that the condition is known to both applicants,
without requiring the applicants to state whether or not either
or both of them are afflicted by such disease.
(4) Any person knowingly violating this section is guilty
of a class C felony and shall be punished by a fine of not more
than one thousand dollars, or by imprisonment in a state correctional facility for a period of not more than three years, or
by both such fine and imprisonment. [2003 c 53 § 166; 1995
c 301 § 78; 1985 c 82 § 5; 1979 ex.s. c 128 § 2; 1973 1st ex.s.
c 154 § 29; 1970 ex.s. c 17 § 5; 1963 c 230 § 4; 1959 c 149 §
3; 1909 ex.s. c 16 § 3; 1909 c 174 § 3; Code 1881 §§ 2391,
2392; 1867 p 104 § 1; 1866 p 83 §§ 13, 14; RRS § 8451.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
26.04.230
26.04.230 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 26.10 RCW
NONPARENTAL ACTIONS FOR CHILD CUSTODY
Chapter 26.10
Sections
26.10.030
26.10.032
26.10.034
26.10.135
(3) The petitioner shall include in the petition the names
of any adult members of the petitioner's household. [2003 c
105 § 3; 2000 c 135 § 3; 1998 c 130 § 4; 1987 c 460 § 27.]
26.10.032
2 6. 1 0.0 32 Ch ild c u st od y m ot io n— Aff id av it
required—Notice—Denial of motion—Show cause hearing. (1) A party seeking a custody order shall submit, along
with his or her motion, an affidavit declaring that the child is
not in the physical custody of one of its parents or that neither
parent is a suitable custodian and setting forth facts supporting the requested order. The party seeking custody shall give
notice, along with a copy of the affidavit, to other parties to
the proceedings, who may file opposing affidavits.
(2) The court shall deny the motion unless it finds that
adequate cause for hearing the motion is established by the
affidavits, in which case it shall set a date for hearing on an
order to show cause why the requested order should not be
granted. [2003 c 105 § 6.]
26.10.034
26.10.034 Child custody petitions, orders, and
decrees—Application of Indian child welfare act. (1)
Every petition filed in proceedings under this chapter shall
contain a statement alleging whether the child is or may be an
Indian child as defined in 25 U.S.C. Sec. 1903. If the child is
an Indian child as defined under the Indian child welfare act,
the provisions of the act shall apply.
(2) Every order or decree entered in any proceeding
under this chapter shall contain a finding that the Indian child
welfare act does or does not apply. Where there is a finding
that the Indian child welfare act does apply, the decree or
order must also contain a finding that all notice requirements
and evidentiary requirements under the Indian child welfare
act have been satisfied. [2003 c 105 § 7.]
26.10.135
Child custody proceeding—Commencement—Notice—Intervention.
Child custody motion—Affidavit required—Notice—Denial
of motion—Show cause hearing.
Child custody petitions, orders, and decrees—Application of
Indian child welfare act.
Custody orders—Background information to be consulted.
26.10.030
26.10.030 Child custody proceeding—Commencement—Notice—Intervention. (1) Except as authorized for
proceedings brought under chapter 13.34 RCW, or chapter
26.50 RCW in district or municipal courts, a child custody
proceeding is commenced in the superior court by a person
other than a parent, by filing a petition seeking custody of the
child in the county where the child is permanently resident or
where the child is found, but only if the child is not in the
physical custody of one of its parents or if the petitioner
alleges that neither parent is a suitable custodian. In proceedings in which the juvenile court has not exercised concurrent
jurisdiction and prior to a child custody hearing, the court
shall determine if the child is the subject of a pending dependency action.
(2) Notice of a child custody proceeding shall be given to
the child's parent, guardian and custodian, who may appear
and be heard and may file a responsive pleading. The court
may, upon a showing of good cause, permit the intervention
of other interested parties.
[2003 RCW Supp—page 252]
26.10.135 Custody orders—Background information
to be consulted. (1) Before granting any order regarding the
custody of a child under this chapter, the court shall consult
the judicial information system, if available, to determine the
existence of any information and proceedings that are relevant to the placement of the child.
(2) Before entering a final order, the court shall:
(a) Direct the department of social and health services to
release information as provided under RCW 13.50.100; and
(b) Require the petitioner to provide the results of an
examination of state and national criminal identification data
provided by the Washington state patrol criminal identification system as described in chapter 43.43 RCW for the petitioner and adult members of the petitioner's household.
[2003 c 105 § 1.]
Chapter 26.44
Chapter 26.44 RCW
ABUSE OF CHILDREN
Sections
26.44.030
26.44.030
Reports—Duty and authority to make—Duty of receiving
agency—Duty to notify—Case planning and consultation—
Penalty for unauthorized exchange of information—Filing
dependency petitions—Interviews of children—Records—
Risk assessment process.
26.44.030 Reports—Duty and authority to make—
Duty of receiving agency—Duty to notify—Case planning
Abuse of Children
and consultation—Penalty for unauthorized exchange of
information—Filing dependency petitions—Interviews of
children—Records—Risk assessment process. (1)(a)
When any practitioner, county coroner or medical examiner,
law enforcement officer, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, licensed or certified child care providers or
their employees, employee of the department, juvenile probation officer, placement and liaison specialist, responsible living skills program staff, HOPE center staff, or state family
and children's ombudsman or any volunteer in the ombudsman's office has reasonable cause to believe that a child has
suffered abuse or neglect, he or she shall report such incident,
or cause a report to be made, to the proper law enforcement
agency or to the department as provided in RCW 26.44.040.
(b) The reporting requirement also applies to department
of corrections personnel who, in the course of their employment, observe offenders or the children with whom the
offenders are in contact. If, as a result of observations or
information received in the course of his or her employment,
any department of corrections personnel has reasonable cause
to believe that a child has suffered abuse or neglect, he or she
shall report the incident, or cause a report to be made, to the
proper law enforcement agency or to the department as provided in RCW 26.44.040.
(c) The reporting requirement shall also apply to any
adult who has reasonable cause to believe that a child who
resides with them, has suffered severe abuse, and is able or
capable of making a report. For the purposes of this subsection, "severe abuse" means any of the following: Any single
act of abuse that causes physical trauma of sufficient severity
that, if left untreated, could cause death; any single act of sexual abuse that causes significant bleeding, deep bruising, or
significant external or internal swelling; or more than one act
of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or
unconsciousness.
(d) The report must be made at the first opportunity, but
in no case longer than forty-eight hours after there is reasonable cause to believe that the child has suffered abuse or
neglect. The report must include the identity of the accused
if known.
(2) The reporting requirement of subsection (1) of this
section does not apply to the discovery of abuse or neglect
that occurred during childhood if it is discovered after the
child has become an adult. However, if there is reasonable
cause to believe other children are or may be at risk of abuse
or neglect by the accused, the reporting requirement of subsection (1) of this section does apply.
(3) Any other person who has reasonable cause to
believe that a child has suffered abuse or neglect may report
such incident to the proper law enforcement agency or to the
department of social and health services as provided in RCW
26.44.040.
(4) The department, upon receiving a report of an incident of alleged abuse or neglect pursuant to this chapter,
involving a child who has died or has had physical injury or
injuries inflicted upon him or her other than by accidental
means or who has been subjected to alleged sexual abuse,
shall report such incident to the proper law enforcement
agency. In emergency cases, where the child's welfare is
26.44.030
endangered, the department shall notify the proper law
enforcement agency within twenty-four hours after a report is
received by the department. In all other cases, the department
shall notify the law enforcement agency within seventy-two
hours after a report is received by the department. If the
department makes an oral report, a written report must also
be made to the proper law enforcement agency within five
days thereafter.
(5) Any law enforcement agency receiving a report of an
incident of alleged abuse or neglect pursuant to this chapter,
involving a child who has died or has had physical injury or
injuries inflicted upon him or her other than by accidental
means, or who has been subjected to alleged sexual abuse,
shall report such incident in writing as provided in RCW
26.44.040 to the proper county prosecutor or city attorney for
appropriate action whenever the law enforcement agency's
investigation reveals that a crime may have been committed.
The law enforcement agency shall also notify the department
of all reports received and the law enforcement agency's disposition of them. In emergency cases, where the child's welfare is endangered, the law enforcement agency shall notify
the department within twenty-four hours. In all other cases,
the law enforcement agency shall notify the department
within seventy-two hours after a report is received by the law
enforcement agency.
(6) Any county prosecutor or city attorney receiving a
report under subsection (5) of this section shall notify the victim, any persons the victim requests, and the local office of
the department, of the decision to charge or decline to charge
a crime, within five days of making the decision.
(7) The department may conduct ongoing case planning
and consultation with those persons or agencies required to
report under this section, with consultants designated by the
department, and with designated representatives of Washington Indian tribes if the client information exchanged is pertinent to cases currently receiving child protective services.
Upon request, the department shall conduct such planning
and consultation with those persons required to report under
this section if the department determines it is in the best interests of the child. Information considered privileged by statute and not directly related to reports required by this section
must not be divulged without a valid written waiver of the
privilege.
(8) Any case referred to the department by a physician
licensed under chapter 18.57 or 18.71 RCW on the basis of an
expert medical opinion that child abuse, neglect, or sexual
assault has occurred and that the child's safety will be seriously endangered if returned home, the department shall file
a dependency petition unless a second licensed physician of
the parents' choice believes that such expert medical opinion
is incorrect. If the parents fail to designate a second physician, the department may make the selection. If a physician
finds that a child has suffered abuse or neglect but that such
abuse or neglect does not constitute imminent danger to the
child's health or safety, and the department agrees with the
physician's assessment, the child may be left in the parents'
home while the department proceeds with reasonable efforts
to remedy parenting deficiencies.
(9) Persons or agencies exchanging information under
subsection (7) of this section shall not further disseminate or
[2003 RCW Supp—page 253]
Chapter 26.50
Title 26 RCW: Domestic Relations
release the information except as authorized by state or federal statute. Violation of this subsection is a misdemeanor.
(10) Upon receiving reports of alleged abuse or neglect,
the department or law enforcement agency may interview
children. The interviews may be conducted on school premises, at day-care facilities, at the child's home, or at other
suitable locations outside of the presence of parents. Parental
notification of the interview must occur at the earliest possible point in the investigation that will not jeopardize the
safety or protection of the child or the course of the investigation. Prior to commencing the interview the department or
law enforcement agency shall determine whether the child
wishes a third party to be present for the interview and, if so,
shall make reasonable efforts to accommodate the child's
wishes. Unless the child objects, the department or law
enforcement agency shall make reasonable efforts to include
a third party in any interview so long as the presence of the
third party will not jeopardize the course of the investigation.
(11) Upon receiving a report of alleged child abuse and
neglect, the department or investigating law enforcement
agency shall have access to all relevant records of the child in
the possession of mandated reporters and their employees.
(12) The department shall maintain investigation records
and conduct timely and periodic reviews of all cases constituting abuse and neglect. The department shall maintain a
log of screened-out nonabusive cases.
(13) The department shall use a risk assessment process
when investigating alleged child abuse and neglect referrals.
The department shall present the risk factors at all hearings in
which the placement of a dependent child is an issue. Substance abuse must be a risk factor. The department shall,
within funds appropriated for this purpose, offer enhanced
community-based services to persons who are determined not
to require further state intervention.
(14) Upon receipt of a report of alleged abuse or neglect
the law enforcement agency may arrange to interview the
person making the report and any collateral sources to determine if any malice is involved in the reporting.
(15) The department shall make reasonable efforts to
learn the name, address, and telephone number of each person making a report of abuse or neglect under this section.
The department shall provide assurances of appropriate confidentiality of the identification of persons reporting under
this section. If the department is unable to learn the information required under this subsection, the department shall only
investigate cases in which: (a) The department believes there
is a serious threat of substantial harm to the child; (b) the
report indicates conduct involving a criminal offense that has,
or is about to occur, in which the child is the victim; or (c) the
department has, after investigation, a report of abuse or
neglect that has been founded with regard to a member of the
household within three years of receipt of the referral. [2003
c 207 § 4. Prior: 1999 c 267 § 20; 1999 c 176 § 30; 1998 c
328 § 5; 1997 c 386 § 25; 1996 c 278 § 2; 1995 c 311 § 17;
prior: 1993 c 412 § 13; 1993 c 237 § 1; 1991 c 111 § 1; 1989
c 22 § 1; prior: 1988 c 142 § 2; 1988 c 39 § 1; prior: 1987 c
524 § 10; 1987 c 512 § 23; 1987 c 206 § 3; 1986 c 145 § 1;
1985 c 259 § 2; 1984 c 97 § 3; 1982 c 129 § 7; 1981 c 164 §
2; 1977 ex.s. c 80 § 26; 1975 1st ex.s. c 217 § 3; 1971 ex.s. c
167 § 1; 1969 ex.s. c 35 § 3; 1965 c 13 § 3.]
[2003 RCW Supp—page 254]
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
Short title—Purpose—Entitlement not granted—Federal waivers—1999 c 267 §§ 10-26: See RCW 74.15.900 and 74.15.901.
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
Finding—Intent—1996 c 278: "The legislature finds that including
certain department of corrections personnel among the professionals who are
mandated to report suspected abuse or neglect of children, dependent adults,
or people with developmental disabilities is an important step toward
improving the protection of these vulnerable populations. The legislature
intends, however, to limit the circumstances under which department of corrections personnel are mandated reporters of suspected abuse or neglect to
only those circumstances when the information is obtained during the course
of their employment. This act is not to be construed to alter the circumstances under which other professionals are mandated to report suspected
abuse or neglect, nor is it the legislature's intent to alter current practices and
procedures utilized by other professional organizations who are mandated
reporters under RCW 26.44.030(1)(a)." [1996 c 278 § 1.]
Severability—1987 c 512: See RCW 18.19.901.
Legislative findings—1985 c 259: "The Washington state legislature
finds and declares:
The children of the state of Washington are the state's greatest resource
and the greatest source of wealth to the state of Washington. Children of all
ages must be protected from child abuse. Governmental authorities must
give the prevention, treatment, and punishment of child abuse the highest
priority, and all instances of child abuse must be reported to the proper
authorities who should diligently and expeditiously take appropriate action,
and child abusers must be held accountable to the people of the state for their
actions.
The legislature recognizes the current heavy caseload of governmental
authorities responsible for the prevention, treatment, and punishment of
child abuse. The information obtained by child abuse reporting requirements, in addition to its use as a law enforcement tool, will be used to determine the need for additional funding to ensure that resources for appropriate
governmental response to child abuse are available." [1985 c 259 § 1.]
Severability—1984 c 97: See RCW 74.34.900.
Severability—1982 c 129: See note following RCW 9A.04.080.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
Chapter 26.50
Chapter 26.50 RCW
DOMESTIC VIOLENCE PREVENTION
Sections
26.50.165
Judicial information system—Names of adult cohabitants in
third-party custody actions.
26.50.165
26.50.165 Judicial information system—Names of
adult cohabitants in third-party custody actions. In addition to the information required to be included in the judicial
information system under RCW 26.50.160, the data base
shall contain the names of any adult cohabitant of a petitioner
to a third-party custody action under chapter 26.10 RCW.
[2003 c 105 § 4.]
Title 28A
Title 28A
COMMON SCHOOL PROVISIONS
Chapters
28A.160
28A.210
28A.225
28A.230
Student transportation.
Health—Screening and requirements.
Compulsory school attendance and admission.
Compulsory course work and activities.
Student Transportation
28A.300
28A.305
28A.315
28A.400
28A.405
28A.410
28A.500
28A.630
28A.635
28A.660
Chapter 28A.160
Superintendent of public instruction.
State board of education.
Organization and reorganization of school districts.
Employees.
Certificated employees.
Certification.
Local effort assistance.
Temporary provisions—Special projects.
Offenses relating to school property and personnel.
Alternative route teacher certification.
Chapter 28A.160 RCW
STUDENT TRANSPORTATION
Sections
28A.160.800 Biodiesel fuel pilot project—Findings. (Expires September
1, 2005.)
28A.160.802 Biodiesel fuel pilot project—Intent. (Expires September 1,
2005.)
28A.160.804 Biodiesel fuel pilot project—Report. (Expires September 1,
2005.)
28A.160.806 Biodiesel fuel pilot project—Definitions. (Expires September 1, 2005.)
28A.160.804
(8) It is the intent of the legislature to study the effects of
using ultra low sulfur diesel with biodiesel. [2003 c 64 § 1.]
Expiration date—2003 c 64 §§ 1-4: "Sections 1 through 4 of this act
expire September 1, 2005." [2003 c 64 § 5.]
28A.160.802
28A.160.802 Biodiesel fuel pilot project—Intent.
(Expires September 1, 2005.) It is the intent of the legislature that implementation of this pilot project will not produce
a significant financial burden on participating school districts
or the state. The legislature calls upon the superintendent of
public instruction, the office of community, trade, and economic development, and the department of ecology to
explore alternative means of funding this pilot project including the use of state or federal grants but excluding the use of
money from the state general fund. In the event of the inability of the participating school districts to fund this project,
either from their own operating budget, grants, or other local
funding or a combination thereof, the implementation of
chapter 64, Laws of 2003 shall be dependent on securing
funds that are not from the state general fund. [2003 c 64 §
4.]
Expiration date—2003 c 64 §§ 1-4: See note following RCW
28A.160.800.
28A.160.800
28A.160.800 Biodiesel fuel pilot project—Findings.
(Expires September 1, 2005.) The legislature recognizes
that:
(1) The use of motor vehicles has a significant impact on
the environment and public health of the state of Washington.
Motor vehicles account for more than half of all air pollutants, almost sixty percent of total carbon dioxide emissions,
and a significant portion of toxic contaminants in Washington state;
(2) Diesel exhaust, in particular, is likely to cause lung
cancer in humans, chronic and acute bronchitis, asthma
attacks, and respiratory illnesses. Children are particularly at
risk. One out of every ten children in our state suffers from
asthma. Over four hundred thousand students in the state risk
their health breathing exhaust from riding diesel-powered
buses to school every day;
(3) Although stringent standards established by the
United States environmental protection agency for new diesel
engine technology will take effect with the 2007 model year,
a significant majority of diesel-powered school buses now in
use in the state will continue to be used for the next thirteen
or more years;
(4) Using biodiesel in place of, or blended with, petroleum diesel reduces emissions of carbon monoxide, hydrocarbon, particulates, and air toxics from new or existing diesel engines;
(5) Using ultra low sulfur diesel, along with after-market
emissions control devices, significantly reduces fine-particle,
hydrocarbon, and nitrogen oxide emissions from existing diesel engines;
(6) The United States environmental protection agency's
new emission standards requiring the use of ultra low sulfur
diesel take effect June 1, 2006, and ultra low sulfur diesel
requires the addition of a lubricant to counteract premature
wear of injection pumps;
(7) Biodiesel provides the needed lubricity to ultra low
sulfur diesel, in addition to reducing harmful emissions;
28A.160.804
28A.160.804 Biodiesel fuel pilot project—Report.
(Expires September 1, 2005.) The superintendent of public
instruction shall conduct a pilot project on the use of biodiesel with ultra low sulfur diesel in school buses powered by
compression-ignition engines. The pilot project must begin
in September of 2003.
(1) The superintendent of public instruction shall select
two school districts to participate in the project. School districts located in a geographic area listed by the environmental
protection agency as an area of concern for pollution emissions must receive first consideration for the project.
(2) The pilot project shall meet the following requirements:
(a) During the 2003 school year, at least one of the participating school districts shall have at least twenty-five percent of the school bus fleet, or a total of not less than ten
buses, fueled with ultra low sulfur diesel. Emissions testing
must be conducted before using ultra low sulfur diesel, and
again after ultra low sulfur diesel has been in use for at least
six months.
(b) During the 2004 school year, not less than seventy
percent, or a total of not less than seven, of the buses fueled
with ultra low sulfur diesel during the 2003 school year must
be fueled with a blend of eighty percent ultra low sulfur diesel, by volume, and twenty percent biodiesel, by volume.
Emissions testing must be conducted not less than six months
after adding biodiesel to the ultra low sulfur diesel.
(c) A maximum of one of the participating school districts may, for the duration of the project, use a blend of
twenty percent biodiesel, by volume, with eighty percent
highway diesel, by volume, in at least seventy-five percent of
the school bus fleet, or a total of not less than ten buses.
Emissions testing must be conducted before use of the
biodiesel blend, again not less than six months after the
biodiesel blend has been is use, and again at the conclusion of
the project.
[2003 RCW Supp—page 255]
28A.160.806
Title 28A RCW: Common School Provisions
(d) Issues related to the maintenance, including but not
limited to fuel economy, changes in fuel filters, and other
maintenance issues related to the use of ultra low sulfur diesel
and biodiesel must be recorded.
(3) The superintendent of public instruction shall submit
a report of findings to the legislature by September 1, 2005.
[2003 c 64 § 2.]
Expiration date—2003 c 64 §§ 1-4: See note following RCW
28A.160.800.
28A.160.806
28A.160.806 Biodiesel fuel pilot project—Definitions. (Expires September 1, 2005.) The definitions in this
section apply throughout RCW 28A.160.800 and
28A.160.804 unless the context clearly requires otherwise.
(1) "Biodiesel" means a mono alkyl ester of long chain
fatty acids derived from vegetable oils or animal fats for use
in compression-ignition engines and that meets the requirements of the American society of testing and materials specification D 6751 in effect as of January 1, 2003.
(2) "Ultra low sulfur diesel" means petroleum diesel in
which the sulfur content is not more than thirty parts per million.
(3) "Highway diesel" means petroleum diesel in which
the sulfur content is not more than five hundred parts per million. [2003 c 64 § 3.]
Expiration date—2003 c 64 §§ 1-4: See note following RCW
28A.160.800.
Chapter 28A.210
Chapter 28A.210 RCW
HEALTH—SCREENING AND REQUIREMENTS
Sections
28A.210.255 Provision of health services in public and private schools—
Employee job description.
28A.210.280 Catheterization of public and private school students.
28A.210.255
28A.210.255 Provision of health services in public
and private schools—Employee job description. Any
employee of a public school district or private school that
performs health services, such as catheterization, must have a
job description that lists all of the health services that the
employee may be required to perform for students. [2003 c
172 § 2.]
28A.210.280
28A.210.280 Catheterization of public and private
school students. (1) Public school districts and private
schools that offer classes for any of grades kindergarten
through twelve must provide for clean, intermittent bladder
catheterization of students, or assisted self-catheterization of
students pursuant to RCW 18.79.290. The catheterization
must be provided in substantial compliance with:
(a) Rules adopted by the state nursing care quality assurance commission and the instructions of a registered nurse or
advanced registered nurse practitioner issued under such
rules; and
(b) Written policies of the school district or private
school which shall be adopted in order to implement this section and shall be developed in accordance with such requirements of chapters 41.56 and 41.59 RCW as may be applicable.
[2003 RCW Supp—page 256]
(2) School district employees, except those licensed
under chapter 18.79 RCW, who have not agreed in writing to
perform clean, intermittent bladder catheterization as a specific part of their job description, may file a written letter of
refusal to perform clean, intermittent bladder catheterization
of students. This written letter of refusal may not serve as
grounds for discharge, nonrenewal, or other action adversely
affecting the employee's contract status.
(3) Any public school district or private school that provides clean, intermittent bladder catheterization shall document the provision of training given to employees who perform these services. These records shall be made available
for review at any audit. [2003 c 172 § 1; 1994 sp.s. c 9 § 721;
1988 c 48 § 2. Formerly RCW 28A.31.160.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Chapter 28A.225 RCW
COMPULSORY SCHOOL ATTENDANCE
AND ADMISSION
Chapter 28A.225
Sections
28A.225.170 Admission to schools—Children on United States reservations—Idaho residents with Washington addresses.
28A.225.225 Applications from nonresident students or students receiving
home-based instruction to attend district school—School
employees' children—Acceptance and rejection standards—Notification.
28A.225.270 Intradistrict enrollment options policies.
28A.225.170
28A.225.170 Admission to schools—Children on
United States reservations—Idaho residents with Washington addresses. (1) Any child who is of school age and
otherwise eligible residing within the boundaries of any military, naval, lighthouse, or other United States reservation,
national park, or national forest or residing upon rented or
leased undeeded lands within any Indian reservation within
the state of Washington, shall be admitted to the public
school, or schools, of any contiguous district without payment of tuition: PROVIDED, That the United States authorities in charge of such reservation or park shall cooperate
fully with state, county, and school district authorities in the
enforcement of the laws of this state relating to the compulsory attendance of children of school age, and all laws relating to and regulating school attendance.
(2) Any child who is of school age and otherwise eligible, residing in a home that is located in Idaho but that has a
Washington address for the purposes of the United States
postal service, shall be admitted, without payment of tuition,
to the nearest Washington school district and shall be considered a resident student for state apportionment and all other
purposes. [2003 c 411 § 1; 1969 ex.s. c 223 § 28A.58.210.
Prior: 1945 c 141 § 10; 1933 c 28 § 10; 1925 ex.s. c 93 § 1;
Rem. Supp. 1945 § 4680-1. Formerly RCW 28A.58.210,
28.58.210, 28.27.140.]
28A.225.225
28A.225.225 Applications from nonresident students
or students receiving home-based instruction to attend
district school—School employees' children—Acceptance
and rejection standards—Notification. (1) Except for students who reside out-of-state, a district shall accept applications from nonresident students who are the children of full-
Compulsory Course Work and Activities
time certificated and classified school employees, and those
children shall be permitted to enroll:
(a) At the school to which the employee is assigned; or
(b) At a school forming the district's K through 12 continuum which includes the school to which the employee is
assigned.
(2) A district may reject applications under this section
if:
(a) The student's disciplinary records indicate a history
of convictions for offenses or crimes, violent or disruptive
behavior, or gang membership;
(b) The student has been expelled or suspended from a
public school for more than ten consecutive days. Any policy
allowing for readmission of expelled or suspended students
under this subsection (2)(b) must apply uniformly to both resident and nonresident applicants; or
(c) Enrollment of a child under this section would displace a child who is a resident of the district, except that if a
child is admitted under subsection (1) of this section, that
child shall be permitted to remain enrolled at that school, or
in that district's kindergarten through twelfth grade continuum, until he or she has completed his or her schooling.
(3) Except as provided in subsection (1) of this section,
all districts accepting applications from nonresident students
or from students receiving home-based instruction for admission to the district's schools shall consider equally all applications received. Each school district shall adopt a policy
establishing rational, fair, and equitable standards for acceptance and rejection of applications by June 30, 1990. The
policy may include rejection of a nonresident student if:
(a) Acceptance of a nonresident student would result in
the district experiencing a financial hardship;
(b) The student's disciplinary records indicate a history
of convictions for offenses or crimes, violent or disruptive
behavior, or gang membership; or
(c) The student has been expelled or suspended from a
public school for more than ten consecutive days. Any policy
allowing for readmission of expelled or suspended students
under this subsection (3)(c) must apply uniformly to both resident and nonresident applicants.
For purposes of subsections (2)(a) and (3)(b) of this section, "gang" means a group which: (i) Consists of three or
more persons; (ii) has identifiable leadership; and (iii) on an
ongoing basis, regularly conspires and acts in concert mainly
for criminal purposes.
(4) The district shall provide to applicants written notification of the approval or denial of the application in a timely
manner. If the application is rejected, the notification shall
include the reason or reasons for denial and the right to
appeal under RCW 28A.225.230(3). [2003 c 36 § 1; 1999 c
198 § 2; 1997 c 265 § 3; 1995 c 52 § 3; 1994 c 293 § 1; 1990
1st ex.s. c 9 § 203.]
Severability—1997 c 265: See note following RCW 13.40.160.
Captions, headings not law—1990 1st ex.s. c 9: "Part headings and
section headings do not constitute any part of the law." [1990 1st ex.s. c 9 §
501.]
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.225.270
28A.225.270 Intradistrict enrollment options policies. (1) Each school district in the state shall adopt and
28A.230.120
implement a policy allowing intradistrict enrollment options
no later than June 30, 1990. Each district shall establish its
own policy establishing standards on how the intradistrict
enrollment options will be implemented.
(2) A district shall permit the children of full-time certificated and classified school employees to enroll at:
(a) The school to which the employee is assigned; or
(b) A school forming the district's K through 12 continuum which includes the school to which the employee is
assigned.
(3) For the purposes of this section, "full-time employees" means employees who are employed for the full number
of hours and days for their job description. [2003 c 36 § 2;
1990 1st ex.s. c 9 § 205.]
Captions, headings not law—1990 1st ex.s. c 9: See note following
RCW 28A.225.225.
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
Chapter 28A.230 RCW
COMPULSORY COURSE WORK AND ACTIVITIES
Chapter 28A.230
Sections
28A.230.010 Course content requirements—Duties of school district
boards of directors.
28A.230.120 High school diplomas—Issuance—Option to receive final
transcripts—Notice.
28A.230.130 Program to help students meet minimum entrance requirements at baccalaureate-granting institutions or to pursue
career or other opportunities—Exceptions.
28A.230.010
28A.230.010 Course content requirements—Duties
of school district boards of directors. School district
boards of directors shall identify and offer courses with content that meet or exceed: (1) The basic education skills identified in RCW 28A.150.210; (2) the graduation requirements
under RCW 28A.230.090; (3) the courses required to meet
the minimum college entrance requirements under RCW
28A.230.130; and (4) the course options for career development under RCW 28A.230.130. Such courses may be
applied or theoretical, academic, or vocational. [2003 c 49 §
1; 1990 c 33 § 237; 1984 c 278 § 2. Formerly RCW
28A.05.005.]
Severability—1984 c 278: See note following RCW 28A.185.010.
28A.230.120
28A.230.120 High school diplomas—Issuance—
Option to receive final transcripts—Notice. (1) School
districts shall issue diplomas to students signifying graduation from high school upon the students' satisfactory completion of all local and state graduation requirements. Districts
shall grant students the option of receiving a final transcript
in addition to the regular diploma.
(2) School districts or schools of attendance shall establish policies and procedures to notify senior students of the
transcript option and shall direct students to indicate their
decisions in a timely manner. School districts shall make
appropriate provisions to assure that students who choose to
receive a copy of their final transcript shall receive such transcript after graduation.
(3)(a) A school district may issue a high school diploma
to a person who:
(i) Is an honorably discharged member of the armed
forces of the United States;
[2003 RCW Supp—page 257]
28A.230.130
Title 28A RCW: Common School Provisions
(ii) Was scheduled to graduate from high school in the
years 1940 through 1955; and
(iii) Left high school before graduation to serve in World
War II or the Korean conflict.
(b) A school district may issue a diploma to or on behalf
of a person otherwise eligible under (a) of this subsection notwithstanding the fact that the person holds a high school
equivalency certification or is deceased.
(c) The superintendent of public instruction shall adopt a
form for a diploma application to be used by a veteran or a
person acting on behalf of a deceased veteran under this subsection (3). The superintendent of public instruction shall
specify what constitutes acceptable evidence of eligibility for
a diploma. [2003 c 234 § 1; 2002 c 35 § 1; 1984 c 178 § 2.
Formerly RCW 28A.58.108.]
Effective date—2003 c 234: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 12, 2003]." [2003 c 234 § 2.]
High school transcripts: RCW 28A.305.220.
28A.230.130
28A.230.130 Program to help students meet minimum entrance requirements at baccalaureate-granting
institutions or to pursue career or other opportunities—
Exceptions. (1) All public high schools of the state shall provide a program, directly or in cooperation with a community
college or another school district, for students whose educational plans include application for entrance to a baccalaureate-granting institution after being granted a high school
diploma. The program shall help these students to meet at
least the minimum entrance requirements under RCW
28B.10.050.
(2) All public high schools of the state shall provide a
program, directly or in cooperation with a community or
technical college, a skills center, an apprenticeship committee, or another school district, for students who plan to pursue
career or work opportunities other than entrance to a baccalaureate-granting institution after being granted a high school
diploma. These programs may:
(a) Help students demonstrate the application of essential academic learning requirements to the world of work,
occupation-specific skills, knowledge of more than one
career in a chosen pathway, and employability and leadership
skills; and
(b) Help students demonstrate the knowledge and skill
needed to prepare for industry certification, and/or have the
opportunity to articulate to postsecondary education and
training programs.
(3) The state board of education, upon request from local
school districts, may grant waivers from the requirements to
provide the program described in subsections (1) and (2) of
this section for reasons relating to school district size and the
availability of staff authorized to teach subjects which must
be provided. In considering waiver requests related to programs in subsection (2) of this section, the state board of education shall consider the extent to which the school district
has offered such programs before the 2003-04 school year.
[2003 c 49 § 2; 1991 c 116 § 9; 1988 c 172 § 2; 1984 c 278 §
16. Formerly RCW 28A.05.070.]
Effective date—1984 c 278: "Sections 16, 18, and 19 of this act shall
take effect July 1, 1986." [1984 c 278 § 23.]
[2003 RCW Supp—page 258]
Severability—1984 c 278: See note following RCW 28A.185.010.
Chapter 28A.300 RCW
SUPERINTENDENT OF PUBLIC INSTRUCTION
Chapter 28A.300
Sections
28A.300.440 Natural science, wildlife, and environmental education grant
program.
28A.300.445 Washington natural science, wildlife, and environmental
education partnership account.
28A.300.440
28A.300.440 Natural science, wildlife, and environmental education grant program. (1) The natural science,
wildlife, and environmental education grant program is
hereby created, subject to the availability of funds in the natural science, wildlife, and environmental education partnership account. The program is created to promote proven and
innovative natural science, wildlife, and environmental education programs that are fully aligned with the state's essential academic learning requirements, and includes but is not
limited to instruction about renewable resources, responsible
use of resources, and conservation.
(2) The superintendent of public instruction shall establish and publish funding criteria for environmental, natural
science, wildlife, forestry, and agricultural education grants.
The office of [the] superintendent of public instruction shall
involve a cross-section of stakeholder groups to develop
socially, economically, and environmentally balanced funding criteria. These criteria shall be based on compliance with
the essential academic learning requirements and use methods that encourage critical thinking. The criteria must also
include environmental, natural science, wildlife, forestry, and
agricultural education programs with one or more of the following features:
(a) Interdisciplinary approaches to environmental, natural science, wildlife, forestry, and agricultural issues;
(b) Programs that target underserved, disadvantaged, and
multicultural populations;
(c) Programs that reach out to schools across the state
that would otherwise not have access to specialized environmental, natural science, wildlife, forestry, and agricultural
education programs;
(d) Proven programs offered by innovative community
partnerships designed to improve student learning and
strengthen local communities.
(3) Eligible uses of grants include, but are not limited to:
(a) Continuing in-service and preservice training for
educators with materials specifically developed to enable
educators to teach essential academic learning requirements
in a compelling and effective manner;
(b) Proven, innovative programs that align the basic subject areas of the common school curriculum in chapter
28A.230 RCW with the essential academic learning requirements; the basic subject areas should be integrated by using
environmental education, natural science, wildlife, forestry,
agricultural, and natural environment curricula to meet the
needs of various learning styles; and
(c) Support and equipment needed for the implementation of the programs in this section.
(4) Grants may only be disbursed to nonprofit organizations exempt from income tax under section 501(c) of the
State Board of Education
federal internal revenue code that can provide matching
funds or in-kind services.
(5) Grants may not be used for any partisan or political
activities. [2003 c 22 § 3.]
Intent—2003 c 22: "(1) Effective, natural science, wildlife, and environmental education programs provide the foundation for the development
of literate children and adults, setting the stage for lifelong learning. Furthermore, integrating the basic subject areas of the common school curriculum in
chapter 28A.230 RCW through natural science, wildlife, and environmental
education offers many opportunities for achieving excellence in our schools.
Well-designed programs, aligned with the state's essential academic learning
requirements, contribute to the state's educational reform goals.
(2) Washington is fortunate to have institutions and programs that currently provide quality natural science, wildlife, and environmental education
and teacher training that is already aligned with the state's essential academic
learning requirements.
(3) The legislature intends to further the development of natural science, wildlife, and environmental education by establishing a competitive
grant program, funded through state moneys to the extent those moneys are
appropriated, or made available through other sources, for proven natural
science, wildlife, and environmental education programs that are fully
aligned with the state's essential academic learning requirements." [2003 c
22 § 1.]
28A.300.445
28A.300.445 Washington natural science, wildlife,
and environmental education partnership account. The
Washington natural science, wildlife, and environmental
education partnership account is hereby created in the custody of the state treasurer to provide natural science, wildlife,
and environmental education opportunities for teachers and
students to help achieve the highest quality of excellence in
education through compliance with the essential academic
learning requirements. Revenues to the account shall consist
of appropriations made by the legislature or other sources.
Grants and their administration shall be paid from the
account. Only the superintendent of public instruction or the
superintendent's designee may authorize expenditures from
the account. The fund is subject to allotment procedures
under chapter 43.88 RCW, but an appropriation is not
required for expenditures. [2003 c 22 § 2.]
Intent—2003 c 22: See note following RCW 28A.300.440.
Chapter 28A.305
Chapter 28A.305 RCW
STATE BOARD OF EDUCATION
Sections
28A.305.210 Assistance of educational service district boards and superintendents—Scope.
28A.305.210
28A.305.210 Assistance of educational service district boards and superintendents—Scope. (1) The state
board of education, by rule or regulation, may require the
assistance of educational service district boards and/or superintendents in the performance of any duty, authority, or
power imposed upon or granted to the state board of education by law, upon such terms and conditions as the state board
of education shall establish. Such authority to assist the state
board of education shall be limited to the service function of
information collection and dissemination and the attestment
to the accuracy and completeness of submitted information.
(2) During the 2003-05 biennium, educational service
districts may, at the request of the state board of education,
receive and screen applications for school accreditation, conduct school accreditation site visits pursuant to state board of
28A.315.195
education rules, and submit to the state board of education
postsite visit recommendations for school accreditation. The
educational service districts may assess a cooperative service
fee to recover actual plus reasonable indirect costs for the
purposes of this subsection. [2003 1st sp.s. c 25 § 911; 1975
1st ex.s. c 275 § 51; 1971 ex.s. c 282 § 30. Formerly RCW
28A.04.145.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Seve ra bili ty— 1971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
Chapter 28A.315 RCW
ORGANIZATION AND REORGANIZATION OF
SCHOOL DISTRICTS
Chapter 28A.315
Sections
28A.315.195 Transfer of territory by petition—Requirements—Rules—
Costs.
28A.315.205 Transfer of territory by petition—Regional committee
responsibilities—Rules—Appeals.
28A.315.195
28A.315.195 Transfer of territory by petition—
Requirements—Rules—Costs. (1) A proposed change in
school district organization by transfer of territory from one
school district to another may be initiated by a petition in
writing presented to the educational service district superintendent:
(a) Signed by at least fifty percent plus one of the active
registered voters residing in the territory proposed to be
transferred; or
(b) Signed by a majority of the members of the board of
directors of one of the districts affected by a proposed transfer of territory.
(2) The petition shall state the name and number of each
district affected, describe the boundaries of the territory proposed to be transferred, and state the reasons for desiring the
change and the number of children of school age, if any,
residing in the territory.
(3) The educational service district superintendent shall
not complete any transfer of territory under this section that
involves ten percent or more of the common school student
population of the entire district from which the transfer is
proposed, unless the educational service district superintendent has first called and held a special election of the voters
of the entire school district from which the transfer of territory is proposed. The purpose of the election is to afford
those voters an opportunity to approve or reject the proposed
transfer. A simple majority shall determine approval or
rejection.
(4) The state board may establish rules limiting the frequency of petitions that may be filed pertaining to territory
included in whole or in part in a previous petition.
(5) Upon receipt of the petition, the educational service
district superintendent shall notify in writing the affected districts that:
(a) Each school district board of directors, whether or not
initiating a proposed transfer of territory, is required to enter
into negotiations with the affected district or districts;
(b) In the case of a citizen-initiated petition, the affected
districts must negotiate on the entire proposed transfer of territory;
[2003 RCW Supp—page 259]
28A.315.205
Title 28A RCW: Common School Provisions
(c) The districts have ninety calendar days in which to
agree to the proposed transfer of territory;
(d) The districts may request and shall be granted by the
educational service district superintendent one thirty-day
extension to try to reach agreement; and
(e) Any district involved in the negotiations may at any
time during the ninety-day period notify the educational service district superintendent in writing that agreement will not
be possible.
(6) If the negotiating school boards cannot come to
agreement about the proposed transfer of territory, the educational service district superintendent, if requested by the
affected districts, shall appoint a mediator. The mediator has
thirty days to work with the affected school districts to see if
an agreement can be reached on the proposed transfer of territory.
(7) If the affected school districts cannot come to agreement about the proposed transfer of territory, and the districts
do not request the services of a mediator or the mediator was
unable to bring the districts to agreement, either district may
file with the educational service district superintendent a
written request for a hearing by the regional committee.
(8) If the affected school districts cannot come to agreement about the proposed transfer of territory initiated by citizen petition, and the districts do not request the services of a
mediator or the mediator was unable to bring the districts to
agreement, the district in which the citizens who filed the
petition reside shall file with the educational service district
superintendent a written request for a hearing by the regional
committee, unless a majority of the citizen petitioners request
otherwise.
(9) Upon receipt of a notice under subsection (7) or (8) of
this section, the educational service district superintendent
shall notify the chair of the regional committee in writing
within ten days.
(10) Costs incurred by school districts under this section
shall be reimbursed by the state from such funds as are appropriated for this purpose. [2003 c 413 § 2; 1999 c 315 § 401.]
28A.315.205
28A.315.205 Transfer of territory by petition—
Regional committee responsibilities—Rules—Appeals.
(1) The chair of the regional committee shall schedule a hearing on the proposed transfer of territory at a location in the
educational service district within sixty calendar days of
being notified under RCW 28A.315.195 (7) or (8).
(2) Within thirty calendar days of the hearing under subsection (1) of this section, or final hearing if more than one is
held by the committee, the committee shall issue its written
findings and decision to approve or disapprove the proposed
transfer of territory. The educational service district superintendent shall transmit a copy of the committee's decision to
the superintendents of the affected school districts within ten
calendar days.
(3) In carrying out the purposes of RCW 28A.315.015
and in making decisions as authorized under RCW
28A.315.095(1), the regional committee shall base its judgment upon whether and to the extent the proposed change in
school district organization complies with RCW
28A.315.015(2) and rules adopted by the state board under
chapter 34.05 RCW.
[2003 RCW Supp—page 260]
(4) State board rules under subsection (3) of this section
shall provide for giving consideration to all of the following:
(a) Student educational opportunities as measured by the
percentage of students performing at each level of the statewide mandated assessments and data regarding student attendance, graduation, and dropout rates;
(b) The safety and welfare of pupils. For the purposes of
this subsection, "safety" means freedom or protection from
danger, injury, or damage and "welfare" means a positive
condition or influence regarding health, character, and wellbeing;
(c) The history and relationship of the property affected
to the students and communities affected, including, for
example, inclusion within a single school district, for school
attendance and corresponding tax support purposes, of entire
master planned communities that were or are to be developed
pursuant to an integrated commercial and residential development plan with over one thousand dwelling units;
(d) Whether or not geographic accessibility warrants a
favorable consideration of a recommended change in school
district organization, including remoteness or isolation of
places of residence and time required to travel to and from
school; and
(e) All funding sources of the affected districts, equalization among school districts of the tax burden for general fund
and capital purposes through a reduction in disparities in per
pupil valuation when all funding sources are considered,
improvement in the economies in the administration and
operation of schools, and the extent the proposed change
would potentially reduce or increase the individual and
aggregate transportation costs of the affected school districts.
(5)(a)(i) A petitioner or school district may appeal a
decision by the regional committee to the state board based
on the claim that the regional committee failed to follow the
applicable statutory and regulatory procedures or acted in an
arbitrary and capricious manner. Any such appeal shall be
based on the record and the appeal must be filed within thirty
days of the final decision of the regional committee.
(ii) If the state board finds that all applicable procedures
were not followed or that the regional committee acted in an
arbitrary and capricious manner, it shall refer the matter back
to the regional committee with an explanation of the board's
findings. The regional committee shall rehear the proposal.
(iii) If the state board finds that all applicable procedures
were followed or that the regional committee did not act in an
arbitrary and capricious manner, depending on the appeal, the
educational service district shall be notified and directed to
implement the changes.
(b) Any school district or citizen petitioner affected by a
final decision of the regional committee may seek judicial
review of the committee's decision in accordance with RCW
34.05.570. [2003 c 413 § 1; 1999 c 315 § 402.]
Chapter 28A.400
Chapter 28A.400 RCW
EMPLOYEES
Sections
28A.400.205 Cost-of-living increases for employees.
28A.400.206 Cost-of-living increases—Duty of state.
Certificated Employees
28A.410.200
28A.400.205
28A.400.205 Cost-of-living increases for employees.
(1) School district employees shall be provided an annual salary cost-of-living increase in accordance with this section.
(a) The cost-of-living increase shall be calculated by
applying the rate of the yearly increase in the cost-of-living
index to any state-funded salary base used in state funding
formulas for teachers and other school district employees.
Beginning with the 2001-02 school year, and for each subsequent school year, except for the 2003-04 and 2004-05 school
years, each school district shall be provided a cost-of-living
allocation sufficient to grant this cost-of-living increase.
(b) A school district shall distribute its cost-of-living
allocation for salaries and salary-related benefits in accordance with the district's salary schedules, collective bargaining agreements, and compensation policies. No later than the
end of the school year, each school district shall certify to the
superintendent of public instruction that it has spent funds
provided for cost-of-living increases on salaries and salaryrelated benefits.
(c) Any funded cost-of-living increase shall be included
in the salary base used to determine cost-of-living increases
for school employees in subsequent years. For teachers and
other certificated instructional staff, the rate of the annual
cost-of-living increase funded for certificated instructional
staff shall be applied to the base salary used with the statewide salary allocation schedule established under RCW
28A.150.410 and to any other salary models used to recognize school district personnel costs.
(2) For the purposes of this section, "cost-of-living
index" means, for any school year, the previous calendar
year's annual average consumer price index, using the official
current base, compiled by the bureau of labor statistics,
United States department of labor for the state of Washington. If the bureau of labor statistics develops more than one
consumer price index for areas within the state, the index
covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all
items shall be used for the cost-of-living index in this section.
[2003 1st sp.s. c 20 § 1; 2001 c 4 § 2 (Initiative Measure No.
732, approved November 7, 2000).]
Severability—2001 c 4 (Initiative Measure No. 732): "If any provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [2001 c 4 § 5 (Initiative Measure
No. 732, approved November 7, 2000).]
28A.400.206
28A.400.206 Cost-of-living increases—Duty of state.
The Washington Constitution establishes "the paramount
duty of the state to make ample provision for the education of
all children." Providing quality education for all children in
Washington requires well-qualified and experienced teachers
and other school employees. However, salaries for educators
have not kept up with the increased cost-of-living in the state.
The failure to keep up with inflation threatens Washington's
ability to compete with other states to attract first-rate teachers to Washington classrooms and to keep well-qualified educators from leaving for other professions. The state must provide a fair and reasonable cost-of-living increase, as provided
in chapter 20, Laws of 2003 1st sp. sess., to help ensure that
the state attracts and keeps the best teachers and school
employees for the children of Washington. [2003 1st sp.s. c
20 § 2; 2001 c 4 § 1 (Initiative Measure No. 732, approved
November 7, 2000).]
Severability—2001 c 4 (Initiative Measure No. 732): See note following RCW 28A.400.205.
Chapter 28A.405
Chapter 28A.405 RCW
CERTIFICATED EMPLOYEES
Sections
28A.405.040 Disqualification for failure to emphasize patriotism—Penalty. (Effective July 1, 2004.)
28A.405.050 Repealed. (Effective July 1, 2004.)
28A.405.040
28A.405.040 Disqualification for failure to emphasize patriotism—Penalty. (Effective July 1, 2004.) (1) No
person, whose certificate or permit authorizing him or her to
teach in the common schools of this state has been revoked
due to his or her failure to endeavor to impress on the minds
of his or her pupils the principles of patriotism, or to train
them up to the true comprehension of the rights, duty and dignity of American citizenship, shall be permitted to teach in
any common school in this state.
(2) Any person teaching in any school in violation of this
section, and any school director knowingly permitting any
person to teach in any school in violation of this section is
guilty of a misdemeanor. [2003 c 53 § 167; 1990 c 33 § 384;
1969 ex.s. c 223 § 28A.67.030. Prior: 1919 c 38 § 2; RRS §
4846. Formerly RCW 28A.67.030, 28.67.030.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
28A.405.050
28A.405.050 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 28A.410
Chapter 28A.410 RCW
CERTIFICATION
Sections
28A.410.200 Washington professional educator standards board—Creation—Membership—Executive director.
28A.410.200
28A.410.200 Washington professional educator standards board—Creation—Membership—Executive director. (1)(a) The Washington professional educator standards
board is created, consisting of twenty members to be
appointed by the governor to four-year terms and the superintendent of public instruction, who shall be an ex officio, nonvoting member.
(b) As the four-year terms of the first appointees expire
or vacancies to the board occur for the first time, the governor
shall appoint or reappoint the members of the board to oneyear to four-year staggered terms. Once the one-year to
three-year terms expire, all subsequent terms shall be for four
years, with the terms expiring on June 30th of the applicable
year. The terms shall be staggered in such a way that, where
possible, the terms of members representing a specific group
do not expire simultaneously.
(c) No person may serve as a member of the board for
more than two consecutive full four-year terms.
(d) The governor shall annually appoint the chair of the
board from among the teachers and principals on the board.
[2003 RCW Supp—page 261]
Chapter 28A.500
Title 28A RCW: Common School Provisions
No board member may serve as chair for more than two consecutive years.
(2) Seven of the members shall be public school teachers, one shall be a private school teacher, three shall represent
higher education educator preparation programs, four shall
be school administrators, two shall be educational staff associates, one shall be a classified employee who assists in public school student instruction, one shall be a parent, and one
shall be a member of the public.
(3) Public school teachers appointed to the board must:
(a) Have at least three years of teaching experience in a
Washington public school;
(b) Be currently certificated and actively employed in a
teaching position; and
(c) Include one teacher currently teaching at the elementary school level, one at the middle school level, one at the
high school level, and one vocationally certificated.
(4) Private school teachers appointed to the board must:
(a) Have at least three years of teaching experience in a
Washington approved private school; and
(b) Be currently certificated and actively employed in a
teaching position in an approved private school.
(5) Appointees from higher education educator preparation programs must include two representatives from institutions of higher education as defined in RCW 28B.10.016 and
one representative from an institution of higher education as
defined in RCW 28B.07.020(4).
(6) School administrators appointed to the board must:
(a) Have at least three years of administrative experience
in a Washington public school district;
(b) Be currently certificated and actively employed in a
school administrator position; and
(c) Include two public school principals, one Washington approved private school principal, and one superintendent.
(7) Educational staff associates appointed to the board
must:
(a) Have at least three years of educational staff associate
experience in a Washington public school district; and
(b) Be currently certificated and actively employed in an
educational staff associate position.
(8) Public school classified employees appointed to the
board must:
(a) Have at least three years of experience in assisting in
the instruction of students in a Washington public school; and
(b) Be currently employed in a position that requires the
employee to assist in the instruction of students.
(9) Each major caucus of the house of representatives
and the senate shall submit a list of at least one public school
teacher. In making the public school teacher appointments,
the governor shall select one nominee from each list provided
by each caucus. The governor shall appoint the remaining
members of the board from a list of qualified nominees submitted to the governor by organizations representative of the
constituencies of the board, from applications from other
qualified individuals, or from both nominees and applicants.
(10) All appointments to the board made by the governor
shall be subject to confirmation by the senate.
(11) The governor shall appoint the members of the initial board no later than June 1, 2000.
[2003 RCW Supp—page 262]
(12) In appointing board members, the governor shall
consider the diversity of the population of the state.
(13) Each member of the board shall be compensated in
accordance with RCW 43.03.240 and shall be reimbursed for
travel expenses incurred in carrying out the duties of the
board in accordance with RCW 43.03.050 and 43.03.060.
(14) The governor may remove a member of the board
for neglect of duty, misconduct, malfeasance or misfeasance
in office, or for incompetency or unprofessional conduct as
defined in chapter 18.130 RCW. In such a case, the governor
shall file with the secretary of state a statement of the causes
for and the order of removal from office, and the secretary of
state shall send a certified copy of the statement of causes and
order of removal to the last known post office address of the
member.
(15) If a vacancy occurs on the board, the governor shall
appoint a replacement member from the nominees as specified in subsection (9) of this section to fill the remainder of
the unexpired term. When filling a vacancy of a member
nominated by a major caucus of the legislature, the governor
shall select the new member from a list of at least one name
submitted by the same caucus that provided the list from
which the retiring member was appointed.
(16) Members of the board shall hire an executive director and an administrative assistant to reside in the office of
the superintendent of public instruction for administrative
purposes only. [2003 1st sp.s. c 22 § 1; 2002 c 92 § 1; 2000
c 39 § 102.]
Findings—2000 c 39: "The legislature finds and declares:
(1) Creation of a public body whose focus is educator quality would be
likely to bring greater focus and attention to the profession;
(2) Professional educator standards boards are consumer protection
boards, establishing assessment policies to ensure the public that its new
practitioners have the knowledge to be competent;
(3) The highest possible standards for all educators are essential in
ensuring attainment of high academic standards by all students;
(4) Teacher assessment for certification can guard against admission to
the teaching profession of persons who have not demonstrated that they are
knowledgeable in the subjects they will be assigned to teach; and
(5) Teacher assessment for certification should be implemented as an
additional element to the system of teacher preparation and certification."
[2000 c 39 § 101.]
Part headings and section captions not law—2000 c 39: "Part headings and section captions used in this act are not any part of the law." [2000
c 39 § 301.]
Chapter 28A.500
Chapter 28A.500 RCW
LOCAL EFFORT ASSISTANCE
Sections
28A.500.030 Allocation of state matching funds—Determination.
28A.500.030
28A.500.030 Allocation of state matching funds—
Determination. Allocation of state matching funds to eligible districts for local effort assistance shall be determined as
follows:
(1) Funds raised by the district through maintenance and
operation levies shall be matched with state funds using the
following ratio of state funds to levy funds:
(a) The difference between the district's twelve percent
levy rate and the statewide average twelve percent levy rate;
to
(b) The statewide average twelve percent levy rate.
Temporary Provisions—Special Projects
(2) The maximum amount of state matching funds for
districts eligible for local effort assistance shall be the district's twelve percent levy amount, multiplied by the following percentage:
(a) The difference between the district's twelve percent
levy rate and the statewide average twelve percent levy rate;
divided by
(b) The district's twelve percent levy rate.
(3) Calendar year 2003 allocations and maximum eligibility under this chapter shall be multiplied by 0.99.
(4) From January 1, 2004, to June 30, 2005, allocations
and maximum eligibility under this chapter shall be multiplied by 0.937. [2003 1st sp.s. c 25 § 912; 2002 c 317 § 4;
1999 c 317 § 3.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Effective date—2002 c 317: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 2, 2002]." [2002 c 317 § 6.]
Chapter 28A.630 RCW
TEMPORARY PROVISIONS—SPECIAL PROJECTS
Chapter 28A.630
Sections
28A.630.015 Special services pilot program. (Expires June 30, 2007.)
28A.630.015
28A.630.015 Special services pilot program. (Expires
June 30, 2007.) (1) The special services pilot program is created. The purpose of the program is to encourage participating school districts to provide early intensive reading and language assistance to students who are struggling academically. The goal of such assistance is to effectively address
reading and language difficulties resulting in a substantially
greater proportion of students meeting the progressively
increasing performance standards for both the aggregate and
disaggregated subgroups under federal law.
(2) A maximum of two school districts may participate.
Interested districts shall apply no later than May 15, 2003, to
the superintendent of public instruction to participate in the
pilot program established by this section. The superintendent
shall make a decision no later than June 15, 2003, regarding
which two school districts may participate in the program.
(3) The pilot program is intended to be four years, to
begin in the 2003-04 school year and conclude in the 2006-07
school year, unless the program is extended by the legislature.
(4) School districts participating in the pilot program
shall receive state special education funding in accordance
with state special education funding formulas and a separate
pilot program appropriation from sources other than special
education funds. The separate appropriation shall be calculated as follows:
(a) The school district's estimated state special education
funding for the current year based on the school district's
average percentage of students age three through twenty-one
who were eligible for special education services in the 200102 and 2002-03 school years as reported to the office of the
superintendent of public instruction;
(b) Less the school district's actual state special education funding based on the district's current percentage of stu-
28A.630.015
dents age three through twenty-one eligible for special education services as reported to the superintendent of public
instruction.
(5) Participation in the pilot program shall not increase
or decrease a district's ability to access the safety net for high
cost students by virtue of the district's participation in this
pilot program. Districts participating in this pilot program
shall have access to the special education safety net using a
modified application approach for the office of the superintendent of public instruction Worksheet A - demonstration of
financial need. The superintendent shall create a modified
application to include all special education revenues received
by the district, all pilot program funding, and include expenditures for students with individual education plans and
expenditures for students generating pilot program revenue.
Districts participating in this pilot project that seek safety net
funding shall convincingly demonstrate to the committee that
any change in demonstrated need on the Worksheet A is not
attributable to their participation in this pilot project.
(6) School districts participating in the program must
agree to:
(a) Implement a tiered set of research-based instructional
interventions addressing individual student needs that
address reading and language deficits;
(b) Use multiple diagnostic instruments to identify the
literacy needs of each student;
(c) Assure parents are informed of diagnosed student
needs, and have input into designed interventions;
(d) Actively engage parents as partners in the learning
process;
(e) Comply with state special education requirements;
and
(f) Participate in an evaluation of the program as determined by the superintendent of public instruction. This may
include contributing funds and staff expertise for the design
and implementation of the evaluation. Districts shall annually review and report progress, including objective measures
or indicators that show the progress towards achieving the
purpose and goal of the program, to the office of the superintendent of public instruction.
(7) By December 15, 2006, the superintendent of public
instruction shall submit a report to the governor and legislature that summarizes the effectiveness of the pilot program.
The report shall also include a recommendation as to whether
or not the pilot program should be continued, expanded, or
otherwise modified.
(8) This section expires June 30, 2007. [2003 c 133 § 2.]
Findings—2003 c 133: "Research has shown that early, intensive assistance can significantly improve reading and language skills for children who
are struggling academically. This early research-based assistance has been
successful in reducing the number of children who require specialized programs. However, by being effective in reducing the number of students eligible for these programs, school district funding is reduced." [2003 c 133 §
1.]
Effective date—2003 c 133: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 7, 2003]." [2003 c 133 § 3.]
[2003 RCW Supp—page 263]
Chapter 28A.635
Title 28A RCW: Common School Provisions
Chapter 28A.635 RCW
OFFENSES RELATING TO SCHOOL PROPERTY
AND PERSONNEL
Chapter 28A.635
Sections
28A.635.050 Certain corrupt practices of school officials—Penalty.
(Effective July 1, 2004.)
28A.635.090 Interference by force or violence—Penalty. (Effective July 1,
2004.)
28A.635.100 Intimidating any administrator, teacher, classified employee,
or student by threat of force or violence unlawful—Penalty. (Effective July 1, 2004.)
28A.635.120 Repealed. (Effective July 1, 2004.)
28A.635.050
28A.635.050 Certain corrupt practices of school officials—Penalty. (Effective July 1, 2004.) (1) Except as otherwise provided in chapter 42.23 RCW, it shall be unlawful
for any member of the state board of education, the superintendent of public instruction or any employee of the superintendent's office, any educational service district superintendent, any school district superintendent or principal, or any
director of any school district, to request or receive, directly
or indirectly, anything of value for or on account of his or her
influence with respect to any act or proceeding of the state
board of education, the office of the superintendent of public
instruction, any office of educational service district superintendent or any school district, or any of these, when such act
or proceeding shall inure to the benefit of those offering or
giving the thing of value.
(2) Any willful violation of this section is a misdemeanor. [2003 c 53 § 168; 1990 c 33 § 537; 1975 1st ex.s. c
275 § 143; 1969 ex.s. c 176 § 150; 1969 ex.s. c 223 §
28A.87.090. Prior: 1917 c 126 § 1; RRS § 5050. Formerly
RCW 28A.87.090, 28.87.090.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.635.090
28A.635.090 Interference by force or violence—Penalty. (Effective July 1, 2004.) (1) It shall be unlawful for any
person, singly or in concert with others, to interfere by force
or violence with any administrator, teacher, classified
employee, person under contract with the school or school
district, or student of any common school who is in the peaceful discharge or conduct of his or her duties or studies. Any
such interference by force or violence committed by a student
shall be grounds for immediate suspension or expulsion of
the student.
(2) A person violating this section is guilty of a gross
misdemeanor and shall be fined not more than five hundred
dollars, or imprisoned in jail not more than six months, or
both such fine and imprisonment. [2003 c 53 § 169; 1996 c
321 § 3; 1990 c 33 § 540; 1988 c 2 § 1; 1971 c 45 § 3. Formerly RCW 28A.87.230.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
28A.635.100
28A.635.100 Intimidating any administrator,
teacher, classified employee, or student by threat of force
or violence unlawful—Penalty. (Effective July 1, 2004.)
(1) It shall be unlawful for any person, singly or in concert
with others, to intimidate by threat of force or violence any
[2003 RCW Supp—page 264]
administrator, teacher, classified employee, or student of any
common school who is in the peaceful discharge or conduct
of his or her duties or studies.
(2) A person violating this section is guilty of a gross
misdemeanor and shall be fined not more than five hundred
dollars, or imprisoned in jail not more than six months, or
both such fine and imprisonment. [2003 c 53 § 170; 1990 c
33 § 541; 1988 c 2 § 2; 1971 c 45 § 4. Formerly RCW
28A.87.231.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
28A.635.120
28A.635.120 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 28A.660
Chapter 28A.660 RCW
ALTERNATIVE ROUTE
TEACHER CERTIFICATION
Sections
28A.660.020 Proposals—Funding. (Expires June 30, 2005.)
28A.660.030 Partnership grants—Selection—Administration. (Expires
June 30, 2005.)
28A.660.050 Conditional scholarship program. (Expires June 30, 2005.)
28A.660.020
28A.660.020 Proposals—Funding. (Expires June 30,
2005.) (1) Each district or consortia of school districts applying for the alternative route certification program shall submit a proposal to the Washington professional educator standards board specifying:
(a) The route or routes the partnership program intends
to offer and a detailed description of how the routes will be
structured and operated by the partnership;
(b) The number of candidates that will be enrolled per
route;
(c) An identification, indication of commitment, and
description of the role of approved teacher preparation programs that are partnering with the district or consortia of districts;
(d) An assurance of district provision of adequate training for mentor teachers either through participation in a state
mentor training academy or district-provided training that
meets state-established mentor-training standards specific to
the mentoring of alternative route candidates;
(e) An assurance that significant time will be provided
for mentor teachers to spend with the alternative route teacher
candidates throughout the internship. Partnerships must provide each candidate with intensive classroom mentoring until
such time as the candidate demonstrates the competency necessary to manage the classroom with less intensive supervision and guidance from a mentor;
(f) A description of the rigorous screening process for
applicants to alternative route programs, including entry
requirements specific to each route, as provided in RCW
28A.660.040; and
(g) The design and use of a teacher development plan for
each candidate. The plan shall specify the alternative route
coursework and training required of each candidate and shall
be developed by comparing the candidate's prior experience
and coursework with the state's new performance-based standards for residency certification and adjusting any require-
Alternative Route Teacher Certification
28A.660.050
28A.660.050
ments accordingly. The plan may include the following components:
(i) A minimum of one-half of a school year, and an additional significant amount of time if necessary, of intensive
mentorship, starting with full-time mentoring and progressing to increasingly less intensive monitoring and assistance
as the intern demonstrates the skills necessary to take over the
classroom with less intensive support. For route one and two
candidates, before the supervision is diminished, the mentor
of the teacher candidate at the school and the supervisor of
the teacher candidate from the higher education teacher preparation program must both agree that the teacher candidate is
ready to manage the classroom with less intensive supervision. For route three candidates, the mentor of the teacher
candidate shall make the decision;
(ii) Identification of performance indicators based on the
knowledge and skills standards required for residency certification by the state board of education;
(iii) Identification of benchmarks that will indicate when
the standard is met for all performance indicators;
(iv) A description of strategies for assessing candidate
performance on the benchmarks;
(v) Identification of one or more tools to be used to
assess a candidate's performance once the candidate has been
in the classroom for about one-half of a school year; and
(vi) A description of the criteria that would result in residency certification after about one-half of a school year but
before the end of the program.
(2) To the extent funds are appropriated for this purpose,
districts may apply for program funds to pay stipends to
trained mentor teachers of interns during the mentored internship. The per intern amount of mentor stipend shall not
exceed five hundred dollars. [2003 c 410 § 1; 2001 c 158 §
3.]
28A.660.030
28A.660.030 Partnership grants—Selection—
Administration. (Expires June 30, 2005.) (1) The professional educator standards board, with support from the office
of the superintendent of public instruction, shall select school
districts and consortia of school districts to receive partnership grants from funds appropriated by the legislature for this
purpose. Factors to be considered in selecting proposals
include, but are not limited to:
(a) The degree to which the district, or consortia of districts in partnership, are currently experiencing teacher shortages;
(b) The degree to which the proposal addresses criteria
specified in RCW 28A.660.020 and is in keeping with specifications of program routes in RCW 28A.660.040;
(c) The cost-effectiveness of the proposed program; and
(d) Any demonstrated district and in-kind contributions
to the program.
(2) Selection of proposals shall also take into consideration the need to ensure an adequate number of candidates for
each type of route in order to evaluate their success.
(3) Funds appropriated for the partnership grant program
in this chapter shall be administered by the office of the
superintendent of public instruction. [2003 c 410 § 2; 2001 c
158 § 4.]
28A.660.050 Conditional scholarship program.
(Expires June 30, 2005.) The alternative route conditional
scholarship program is created under the following guidelines:
(1) The program shall be administered by the higher education coordinating board. In administering the program, the
higher education coordinating board has the following powers and duties:
(a) To adopt necessary rules and develop guidelines to
administer the program;
(b) To collect and manage repayments from participants
who do not meet their service obligations; and
(c) To accept grants and donations from public and private sources for the program.
(2) Participation in the alternative route conditional
scholarship program is limited to interns of the partnership
grant programs under RCW 28A.660.040. The Washington
professional educator standards board shall select interns to
receive conditional scholarships.
(3) In order to receive conditional scholarship awards,
recipients shall be accepted and maintain enrollment in alternative certification routes through the partnership grant program, as provided in RCW 28A.660.040. Recipients must
continue to make satisfactory progress towards completion of
the alternative route certification program and receipt of a
residency teaching certificate.
(4) For the purpose of this chapter, a conditional scholarship is a loan that is forgiven in whole or in part in exchange
for service as a certificated teacher employed in a Washington state K-12 public school. The state shall forgive one year
of loan obligation for every two years a recipient teaches in a
public school. Recipients that fail to continue a course of
study leading to residency teacher certification or cease to
teach in a public school in the state of Washington in their
endorsement area are required to repay the remaining loan
principal with interest.
(5) Recipients who fail to fulfill the required teaching
obligation are required to repay the remaining loan principal
with interest and any other applicable fees. The higher education coordinating board shall adopt rules to define the
terms for repayment, including applicable interest rates, fees,
and deferments.
(6) To the extent funds are appropriated for this specific
purpose, the annual amount of the scholarship is the annual
cost of tuition for the alternative route certification program
in which the recipient is enrolled, not to exceed eight thousand dollars. The board may adjust the annual award by the
average rate of resident undergraduate tuition and fee
increases at the state universities as defined in RCW
28B.10.016.
(7) The higher education coordinating board may deposit
all appropriations, collections, and any other funds received
for the program in this chapter in *the student loan account
authorized in RCW 28B.102.060. [2003 c 410 § 3; 2001 c
158 § 6.]
*Reviser's note: RCW 28B.102.060 requires that funds received under
RCW 28B.102.060 be deposited with the higher education coordinating
board, but does not authorize the student loan account.
[2003 RCW Supp—page 265]
Title 28B
Title 28B
Title 28B RCW: Higher Education
Title 28B
HIGHER EDUCATION
Chapters
28B.07
Washington higher education facilities authority.
28B.10
Colleges and universities generally.
28B.14H Washington's future bond issue.
28B.15
College and university fees.
28B.20
University of Washington.
28B.50
Community and technical colleges.
28B.80
Higher education coordinating board.
28B.85
Degree-granting institutions.
28B.101 Educational opportunity grant program—Placebound students.
28B.115 Health professional conditional scholarship
program.
28B.119 Washington promise scholarship program.
28B.125 Health personnel resources.
28B.133 Gaining independence for students with
dependents program.
Chapter 28B.07
Chapter 28B.07 RCW
WASHINGTON HIGHER EDUCATION
FACILITIES AUTHORITY
Sections
28B.07.050 Special obligation bonds—Issuance—Personal liability—
Debt limit.
28B.07.050
28B.07.050 Special obligation bonds—Issuance—
Personal liability—Debt limit. (1) The authority may, from
time to time, issue its special obligation bonds in order to
carry out the purposes of this chapter and to enable the
authority to exercise any of the powers granted to it in this
chapter. The bonds shall be issued pursuant to a bond resolution or trust indenture and shall be payable solely out of the
special fund or funds created by the authority in the bond resolution or trust indenture. The special fund or funds shall be
funded in whole or in part from moneys paid by one or more
participants for whose benefit such bonds were issued and
from the sources, if any, described in RCW 28B.07.040(9) or
from the proceeds of bonds issued by the authority for the
purpose of refunding any outstanding bonds of the authority.
(2) The bonds may be secured by:
(a) A first lien against any unexpended proceeds of the
bonds;
(b) A first lien against moneys in the special fund or
funds created by the authority for their payment;
(c) A first or subordinate lien against the revenue and
receipts of the participant or participants which revenue is
derived in whole or in part from the project financed by the
authority;
(d) A first or subordinate security interest against any
real or personal property, tangible or intangible, of the participant or participants, including, but not limited to, the project
financed by the authority;
(e) Any other real or personal property, tangible or intangible; or
(f) Any combination of (a) through (e) of this subsection.
Any security interest created against the unexpended
bond proceeds and against the special funds created by the
[2003 RCW Supp—page 266]
authority shall be immediately valid and binding against the
moneys and any securities in which the moneys may be
invested without authority or trustee possession, and the
security interest shall be prior to any party having any competing claim against the moneys or securities, without filing
or recording under Article 9A of the Uniform Commercial
Code, Title 62A RCW, and regardless of whether the party
has notice of the security interest.
(3) The bonds may be issued as serial bonds or as term
bonds or any such combination. The bonds shall bear such
date or dates; mature at such time or times; bear interest at
such rate or rates, either fixed or variable; be payable at such
time or times; be in such denominations; be in such form,
either coupon or registered, or both; carry such registration
privileges; be made transferable, exchangeable, and interchangeable; be payable in lawful money of the United States
of America at such place or places; be subject to such terms
of redemption; and be sold at public or private sale, in such
manner, at such time, and at such price as the authority shall
determine. The bonds shall be executed by the manual or facsimile signatures of the chairperson and the authority's dulyelected secretary or its executive director, and by the trustee
if the authority determines to use a trustee. At least one signature shall be manually subscribed. Coupon bonds shall
have attached interest coupons bearing the facsimile signatures of the chairperson and the secretary or the executive
director.
(4) Any bond resolution, trust indenture, or agreement
with a participant relating to bonds issued by the authority or
the financing or refinancing made available by the authority
may contain provisions, which may be made a part of the
contract with the holders or owners of the bonds to be issued,
pertaining to the following, among other matters: (a) The
security interests granted by the participant to secure repayment of any amounts financed and the performance by the
participant of its other obligations in the financing; (b) the
security interests granted to the holders or owners of the
bonds to secure repayment of the bonds; (c) rentals, fees, and
other amounts to be charged, and the sums to be raised in
each year through such charges, and the use, investment, and
disposition of the sums; (d) the segregation of reserves or
sinking funds, and the regulation, investment, and disposition
thereof; (e) limitations on the uses of the project; (f) limitations on the purposes to which, or the investments in which,
the proceeds of the sale of any issue of bonds may be applied;
(g) terms pertaining to the issuance of additional parity
bonds; (h) terms pertaining to the incurrence of parity debt;
(i) the refunding of outstanding bonds; (j) procedures, if any,
by which the terms of any contract with bondholders may be
amended or abrogated; (k) acts or failures to act which constitute a default by the participant or the authority in their
respective obligations and the rights and remedies in the
event of a default; (l) the securing of bonds by a pooling of
leases whereby the authority may assign its rights, as lessor,
and pledge rents under two or more leases with two or more
participants, as lessees; (m) terms governing performance by
the trustee of its obligation; or (n) such other additional covenants, agreements, and provisions as are deemed necessary,
useful, or convenient by the authority for the security of the
holders of the bonds.
Colleges and Universities Generally
(5) Bonds may be issued by the authority to refund other
outstanding authority bonds, at or prior to the maturity
thereof, and to pay any redemption premium with respect
thereto. Bonds issued for such refunding purposes may be
combined with bonds issued for the financing or refinancing
of new projects. Pending the application of the proceeds of
the refunding bonds to the redemption of the bonds to be
redeemed, the authority may enter into an agreement or
agreements with a corporate trustee under RCW 28B.07.080
with respect to the interim investment of the proceeds and the
application of the proceeds and the earnings on the proceeds
to the payment of the principal of and interest on, and the
redemption of the bonds to be redeemed.
(6) All bonds and any interest coupons appertaining to
the bonds shall be negotiable instruments under Title 62A
RCW.
(7) Neither the members of the authority, nor its employees or agents, nor any person executing the bonds shall be liable personally on the bonds or be subject to any personal liability or accountability by reason of the issuance of the
bonds.
(8) The authority may purchase its bonds with any of its
funds available for the purchase. The authority may hold,
pledge, cancel, or resell the bonds subject to and in accordance with agreements with bondholders.
(9) At no time shall the total outstanding bonded indebtedness of the authority exceed one billion dollars. [2003 c 84
§ 1; 1983 c 169 § 5.]
Chapter 28B.10 RCW
COLLEGES AND UNIVERSITIES GENERALLY
Chapter 28B.10
Sections
28B.10.022 Authority to enter into financing contracts—Notice.
28B.10.115 Major lines common to University of Washington and Washington State University.
28B.10.570 Interfering by force or violence with any administrator, faculty
member or student unlawful—Penalty. (Effective July 1,
2004.)
28B.10.571 Intimidating any administrator, faculty member or student by
threat of force or violence unlawful—Penalty. (Effective
July 1, 2004.)
28B.10.572 Certain unlawful acts—Disciplinary authority exception.
(Effective July 1, 2004.)
28B.10.573 Repealed. (Effective July 1, 2004.)
28B.10.695 Timely completion of degree and certificate programs—
Adoption of policies.
28B.10.801 State student financial aid program—State need grant program—Findings—Intent.
28B.10.022
28B.10.022 Authority to enter into financing contracts—Notice. (1) The boards of regents of the state universities and the boards of trustees of the regional universities,
The Evergreen State College, and the state board for community and technical colleges, are severally authorized to enter
into financing contracts as provided in chapter 39.94 RCW.
Except as provided in subsection (2) of this section, financing
contracts shall be subject to the approval of the state finance
committee.
(2) The board of regents of a state university may enter
into financing contracts which are payable solely from and
secured by all or any component of the fees and revenues of
the university derived from its ownership and operation of its
facilities not subject to appropriation by the legislature and
not constituting "general state revenues," as defined in Arti-
28B.10.571
cle VIII, section 1 of the state Constitution, without the prior
approval of the state finance committee.
(3) Except for financing contracts for facilities or equipment described under chapter 28B.140 RCW, the board of
regents shall notify the state finance committee at least sixty
days prior to entering into such contract and provide information relating to such contract as requested by the state finance
committee. [2003 c 6 § 1; 2002 c 151 § 5; 1989 c 356 § 6.]
28B.10.115
28B.10.115 Major lines common to University of
Washington and Washington State University. The
courses of instruction of both the University of Washington
and Washington State University shall embrace as major
lines, pharmacy, architecture, civil engineering, mechanical
engineering, chemical engineering, and forest management
as distinguished from forest products and logging engineering which are exclusive to the University of Washington.
These major lines shall be offered and taught at said institutions only. [2003 c 82 § 1; 1985 c 218 § 1; 1969 ex.s. c 223
§ 28B.10.115. Prior: 1963 c 23 § 2; 1961 c 71 § 2; prior: (i)
1917 c 10 § 8; RRS § 4539. (ii) 1917 c 10 § 4; RRS § 4535.
Formerly RCW 28.76.080.]
28B.10.570
28B.10.570 Interfering by force or violence with any
administrator, faculty member or student unlawful—
Penalty. (Effective July 1, 2004.) (1) It shall be unlawful for
any person, singly or in concert with others, to interfere by
force or violence with any administrator, faculty member or
student of any university, college or community college who
is in the peaceful discharge or conduct of his or her duties or
studies.
(2) A person violating this section is guilty of a gross
misdemeanor and shall be fined not more than five hundred
dollars, or imprisoned in jail not more than six months, or
both such fine and imprisonment. [2003 c 53 § 171; 1971 c
45 § 1; 1970 ex.s. c 98 § 1. Formerly RCW 28.76.600.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1971 c 45: "If any provision of this 1971 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provisions to other persons or
circumstances is not affected." [1971 c 45 § 8.]
Severability—1970 ex.s. c 98: "If a court of competent jurisdiction
shall adjudge to be invalid or unconstitutional any clause, sentence, paragraph, section, or part of this act, such judgment or decree shall not affect,
impair, invalidate or nullify the remainder of this act, but the effect thereof
shall be confined to the clause, sentence, paragraph, section or part of this act
so adjudged to be invalid or unconstitutional." [1970 ex.s. c 98 § 5.]
Disturbing school, school activities or meetings—Penalty—Disposition of
fines: RCW 28A.635.030.
28B.10.571
28B.10.571 Intimidating any administrator, faculty
member or student by threat of force or violence unlawful—Penalty. (Effective July 1, 2004.) (1) It shall be unlawful for any person, singly or in concert with others, to intimidate by threat of force or violence any administrator, faculty
member or student of any university, college or community
college who is in the peaceful discharge or conduct of his or
her duties or studies.
(2) A person violating this section is guilty of a gross
misdemeanor and shall be fined not more than five hundred
dollars, or imprisoned in jail not more than six months, or
[2003 RCW Supp—page 267]
28B.10.572
Title 28B RCW: Higher Education
both such fine and imprisonment. [2003 c 53 § 172; 1971 c
45 § 2; 1970 ex.s. c 98 § 2. Formerly RCW 28.76.601.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1971 c 45: See note following RCW 28B.10.570.
Severability—1970 ex.s. c 98: See note following RCW 28B.10.570.
28B.10.572
28B.10.572 Certain unlawful acts—Disciplinary
authority exception. (Effective July 1, 2004.) The crimes
defined in RCW 28B.10.570 and 28B.10.571 shall not apply
to school administrators or teachers who are engaged in the
reasonable exercise of their disciplinary authority. [2003 c
53 § 173; 1970 ex.s. c 98 § 3. Formerly RCW 28.76.602.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1970 ex.s. c 98: See note following RCW 28B.10.570.
28B.10.573
28B.10.573 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
28B.10.695
28B.10.695 Timely completion of degree and certificate programs—Adoption of policies. (1) Each four-year
institution of higher education and the state board for community and technical colleges shall develop policies that
ensure undergraduate students enrolled in degree or certificate programs complete their programs in a timely manner in
order to make the most efficient use of instructional resources
and provide capacity within the institution for additional students.
(2) Policies adopted under this section shall address, but
not be limited to, undergraduate students in the following circumstances:
(a) Students who accumulate more than one hundred
twenty-five percent of the number of credits required to complete their respective baccalaureate or associate degree or
certificate programs;
(b) Students who drop more than twenty-five percent of
their course load before the grading period for the quarter or
semester, which prevents efficient use of instructional
resources; and
(c) Students who remain on academic probation for more
than one quarter or semester.
(3) Policies adopted under this section may include
assessment by the institution of a surcharge in addition to regular tuition and fees to be paid by a student for continued
enrollment. [2003 c 407 § 1.]
(b) A goal that the base state need grant amount over
time be increased to be equivalent to the rate of tuition
charged to resident undergraduate students attending Washington state public colleges and universities;
(c) State need grant recipients be required to contribute a
portion of the total cost of their education through self-help;
(d) State need grant recipients be required to document
their need for dependent care assistance after taking into
account other public funds provided for like purposes; and
(e) Institutional aid administrators be allowed to determine whether a student eligible for a state need grant in a
given academic year may remain eligible for the ensuing year
if the student's family income increases by no more than a
marginal amount except for funds provided through the educational assistance grant program for students with dependents.
(2) The legislature further finds that the higher education
coordinating board, under its authority to implement the proposed changes in subsection (1) of this section, should do so
in a timely manner.
(3) The legislature also finds that:
(a) In most circumstances, need grant eligibility should
not extend beyond five years or one hundred twenty-five percent of the published length of the program in which the student is enrolled or the credit or clock-hour equivalent; and
(b) State financial aid programs should continue to
adhere to the principle that funding follows resident students
to their choice of institution of higher education. [2003 c 19
§ 11; 1999 c 345 § 1.]
Finding—Intent—Short title—Captions not law—2003 c 19: See
RCW 28B.133.005, 28B.133.900, and 28B.133.901.
Chapter 28B.14H RCW
WASHINGTON'S FUTURE BOND ISSUE
Chapter 28B.14H
Sections
28B.14H.005
28B.14H.010
28B.14H.020
28B.14H.030
28B.14H.040
28B.14H.050
28B.14H.060
28B.14H.070
28B.14H.080
28B.14H.090
28B.14H.100
28B.14H.110
Intent.
Definitions.
Washington's future bonds authorized.
Bond issuance—Intent.
Terms and covenants.
Proceeds.
Projects for the 2005-07 and 2007-09 biennia—Intent.
Payment procedures.
Bonds—Legal investment for public funds.
Additional methods of paying debt service authorized.
Chapter supplemental.
Creation of the Gardner-Evans higher education construction
account.
28B.14H.900 Severability—2003 1st sp.s. c 18.
28B.14H.901 Short title.
28B.14H.902 Captions not law.
28B.14H.005
28B.10.801
28B.10.801 State student financial aid program—
State need grant program—Findings—Intent. (1) The
legislature finds that the higher education coordinating board,
in consultation with the higher education community, has
completed a review of the state need grant program. It is the
intent of the legislature to endorse the board's proposed
changes to the state need grant program, including:
(a) Reaffirmation that the primary purpose of the state
need grant program is to assist low-income, needy, and disadvantaged Washington residents attending institutions of
higher education;
[2003 RCW Supp—page 268]
28B.14H.005 Intent. The state's institutions of higher
education are a vital component of the future economic prosperity of our state. In order to ensure that Washington continues to be able to provide a highly qualified work force that
can attract businesses and support the economic vitality of
the state, it is the intent of chapter 18, Laws of 2003 1st sp.
sess. to provide new money for capital projects to help fulfill
higher education needs across the state.
This new source of funding for the critical capital needs
of the state's institutions of higher education furthers the mission of higher education and is intended to enhance the abilities of those institutions, over the next six years, to fulfill
Washington`s Future Bond Issue
28B.14H.060
28B.14H.030
their critical roles in maintaining and stimulating the state's
economy.
It is the intent of the legislature that this new source of
funding not displace funding levels for the capital and operating budgets of the institutions of higher education. It is
instead intended that the new funding will allow the institutions, over the next three biennia, to use the current level of
capital funding to provide for many of those urgent preservation, replacement, and maintenance needs that have been
deferred. This approach is designed to maintain or improve
the current infrastructure of our institutions of higher education, and simultaneously to provide new instruction and
research capacity to serve the increasing number of traditional college-aged students and those adults returning to college to update skills or retrain so that they can meet the
demands of Washington's changing work force. This new
source of funding may also be used for major preservation
projects that renovate, replace, or modernize facilities to
enhance capacity/access by maintaining or improving the
usefulness of existing space for important instruction and
research programs. [2003 1st sp.s. c 18 § 2.]
28B.14H.010
28B.14H.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Bonds" means bonds, notes, commercial paper, certificates of indebtedness, or other evidences of indebtedness
of the state issued under this chapter.
(2) "Institutions of higher education" means the University of Washington and Washington State University, Western Washington University at Bellingham, Central Washington University at Ellensburg, Eastern Washington University
at Cheney, The Evergreen State College, and the community
colleges and technical colleges as defined by RCW
28B.50.030.
(3) "Washington's future bonds" means all or any portion
of the general obligation bonds authorized in RCW
28B.14H.020. [2003 1st sp.s. c 18 § 3.]
28B.14H.020
28B.14H.020 Washington's future bonds authorized.
(1) For the purpose of providing needed capital improvements consisting of the predesign, design, acquisition, construction, modification, renovation, expansion, equipping,
and other improvement of state buildings and facilities for the
institutions of higher education, the state finance committee
is authorized to issue general obligation bonds of the state of
Washington in the sum of seven hundred seventy-two million
five hundred thousand dollars, or so much thereof as may be
required, to finance all or a part of the cost of these projects
and all costs incidental thereto. The bonds issued under the
authority of this section shall be known as Washington's
future bonds.
(2) Bonds authorized in this section shall be sold in the
manner, at the time or times, in amounts, and at such prices as
the state finance committee shall determine.
(3) No bonds authorized in this section may be offered
for sale without prior legislative appropriation of the net proceeds of the sale of the bonds. [2003 1st sp.s. c 18 § 4.]
28B.14H.030 Bond issuance—Intent. It is the intent
of the legislature that the proceeds of new bonds authorized
in this chapter will be appropriated in phases over three biennia, beginning with the 2003-2005 biennium, to provide additional funding for capital projects and facilities of the institutions of higher education above historical levels of funding.
This chapter is not intended to limit the legislature's ability to appropriate bond proceeds if the full amount authorized
in this chapter has not been appropriated after three biennia,
and the authorization to issue bonds contained in this chapter
does not expire until the full authorization has been appropriated and issued. [2003 1st sp.s. c 18 § 5.]
28B.14H.040
28B.14H.040 Terms and covenants. (1) The state
finance committee is authorized to prescribe the form, terms,
conditions, and covenants of the bonds provided for in this
chapter, the time or times of sale of all or any portion of them,
and the conditions and manner of their sale and issuance.
(2) Bonds issued under this chapter shall state that they
are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due. [2003 1st sp.s. c 18 § 6.]
28B.14H.050
28B.14H.050 Proceeds. (1) The proceeds from the sale
of the bonds authorized in RCW 28B.14H.020 shall be
deposited in the Gardner-Evans higher education construction account created in RCW 28B.14H.110.
(2) The proceeds shall be used exclusively for the purposes in RCW 28B.14H.020 and for the payment of the
expenses incurred in connection with the sale and issuance of
the bonds. [2003 1st sp.s. c 18 § 7.]
28B.14H.060
28B.14H.060 Projects for the 2005-07 and 2007-09
biennia—Intent. The legislature intends to use the proceeds
from the sale of bonds issued under this chapter for the following projects during the 2005-07 and 2007-09 biennia:
(1) For the University of Washington:
(a) Life sciences I building;
(b) Bothell branch campus phase 2B;
(2) For Washington State University:
(a) Spokane Riverpoint campus - academic center building;
(b) Pullman campus - Holland Library renovation;
(c) Pullman campus - biotechnology/life sciences 1;
(d) TriCities campus - bioproducts and sciences building; and
(e) Intercollegiate College of Nursing, Spokane - nursing
building at Riverpoint;
(3) For Eastern Washington University: Hargreaves
Hall;
(4) For Central Washington University: Hogue technology;
(5) For The Evergreen State College:
(a) Daniel J. Evans building;
(b) Communications building and theater expansion;
(6) For Western Washington University:
(a) Academic instructional center;
(b) Parks Hall;
(c) Performing Arts Center renovation;
[2003 RCW Supp—page 269]
28B.14H.070
Title 28B RCW: Higher Education
28B.14H.900
(7) For the community and technical college system:
(a) Green River Community College science building;
(b) Walla Walla Community College basic skills/computer lab;
(c) Pierce College Puyallup, communication arts and
allied health; or
(8) For other projects that maintain or increase access to
institutions of higher education. [2003 1st sp.s. c 18 § 8.]
28B.14H.900 Severability—2003 1st sp.s. c 18. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [2003 1st sp.s. c 18 § 15.]
28B.14H.901
28B.14H.901 Short title. This act shall be known as the
building Washington's future act. [2003 1st sp.s. c 18 § 1.]
28B.14H.902
28B.14H.070
28B.14H.070 Payment procedures. (1) The debt-limit
general fund bond retirement account shall be used for the
payment of the principal of and interest on the bonds authorized in this chapter.
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond retirement and interest requirements on the bonds authorized in
this chapter.
(3) On each date on which any interest or principal and
interest payment is due on bonds issued under this chapter,
the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the debtlimit general fund bond retirement account an amount equal
to the amount certified by the state finance committee to be
due on the payment date.
(4) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section. [2003 1st
sp.s. c 18 § 9.]
28B.14H.080
28B.14H.080 Bonds—Legal investment for public
funds. The bonds authorized by this chapter shall constitute
a legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [2003 1st
sp.s. c 18 § 10.]
28B.14H.090
28B.14H.090 Additional methods of paying debt service authorized. The legislature may provide additional
means for raising moneys for the payment of the principal of
and interest on the bonds authorized under this chapter, and
RCW 28B.14H.070 shall not be deemed to provide an exclusive method for payment. [2003 1st sp.s. c 18 § 11.]
28B.14H.100
28B.14H.100 Chapter supplemental. This chapter
provides a complete, additional, and alternative method for
accomplishing the purposes of this chapter and is supplemental and additional to powers conferred by other laws. The
issuance of bonds under this chapter shall not be deemed to
be the only method to fund projects under this chapter. [2003
1st sp.s. c 18 § 12.]
28B.14H.110
28B.14H.110 Creation of the Gardner-Evans higher
education construction account. The Gardner-Evans
higher education construction account is created in the state
treasury. Proceeds from the bonds issued under RCW
28B.14H.020 shall be deposited in the account. The account
shall be used for purposes of RCW 28B.14H.020. Moneys in
the account may be spent only after appropriation. [2003 1st
sp.s. c 18 § 13.]
[2003 RCW Supp—page 270]
28B.14H.902 Captions not law. Captions used in this
act are not any part of the law. [2003 1st sp.s. c 18 § 14.]
Chapter 28B.15
Chapter 28B.15 RCW
COLLEGE AND UNIVERSITY FEES
Sections
28B.15.012
Classification as resident or nonresident student—Definitions.
28B.15.0139 Resident tuition rates—Border county higher education
opportunity project.
28B.15.031 "Operating fees"—Defined—Disposition.
28B.15.066 General fund appropriations to institutions of higher education.
28B.15.067 Tuition fees—Established.
28B.15.069 Building fees—Services and activities fees—Other fees.
28B.15.100 Tuition and fees set by individual institutions—Limitations—Tuition and fees for certain part-time, additional
time, and out-of-state students.
28B.15.558 Waiver of tuition and fees for state employees, veterans of
the Korean conflict, and Washington national guard members.
28B.15.600 Refunds or cancellation of fees—Four-year institutions of
higher education.
28B.15.012
28B.15.012 Classification as resident or nonresident
student—Definitions. Whenever used in chapter 28B.15
RCW:
(1) The term "institution" shall mean a public university,
college, or community college within the state of Washington.
(2) The term "resident student" shall mean:
(a) A financially independent student who has had a
domicile in the state of Washington for the period of one year
immediately prior to the time of commencement of the first
day of the semester or quarter for which the student has registered at any institution and has in fact established a bona
fide domicile in this state primarily for purposes other than
educational;
(b) A dependent student, if one or both of the student's
parents or legal guardians have maintained a bona fide domicile in the state of Washington for at least one year immediately prior to commencement of the semester or quarter for
which the student has registered at any institution;
(c) A student classified as a resident based upon domicile
by an institution on or before May 31, 1982, who was
enrolled at a state institution during any term of the 19821983 academic year, so long as such student's enrollment
(excepting summer sessions) at an institution in this state is
continuous;
(d) Any student who has spent at least seventy-five percent of both his or her junior and senior years in high schools
in this state, whose parents or legal guardians have been
domiciled in the state for a period of at least one year within
the five-year period before the student graduates from high
school, and who enrolls in a public institution of higher edu-
College and University Fees
cation within six months of leaving high school, for as long as
the student remains continuously enrolled for three quarters
or two semesters in any calendar year;
(e) Any person who has completed the full senior year of
high school and obtained a high school diploma, both at a
Washington public high school or private high school
approved under chapter 28A.195 RCW, or a person who has
received the equivalent of a diploma; who has lived in Washington for at least three years immediately prior to receiving
the diploma or its equivalent; who has continuously lived in
the state of Washington after receiving the diploma or its
equivalent and until such time as the individual is admitted to
an institution of higher education under subsection (1) of this
section; and who provides to the institution an affidavit indicating that the individual will file an application to become a
permanent resident at the earliest opportunity the individual
is eligible to do so and a willingness to engage in any other
activities necessary to acquire citizenship, including but not
limited to citizenship or civics review courses;
(f) A student who is on active military duty stationed in
the state or who is a member of the Washington national
guard;
(g) A student who is the spouse or a dependent of a person who is on active military duty stationed in the state;
(h) A student who resides in the state of Washington and
is the spouse or a dependent of a person who is a member of
the Washington national guard;
(i) A student of an out-of-state institution of higher education who is attending a Washington state institution of
higher education pursuant to a home tuition agreement as
described in RCW 28B.15.725; or
(j) A student who meets the requirements of RCW
28B.15.0131: PROVIDED, That a nonresident student
enrolled for more than six hours per semester or quarter shall
be considered as attending for primarily educational purposes, and for tuition and fee paying purposes only such
period of enrollment shall not be counted toward the establishment of a bona fide domicile of one year in this state
unless such student proves that the student has in fact established a bona fide domicile in this state primarily for purposes
other than educational.
(3) The term "nonresident student" shall mean any student who does not qualify as a "resident student" under the
provisions of RCW 28B.15.012 and 28B.15.013. Except for
students qualifying under subsection (2)(e) or (i) of this section, a nonresident student shall include:
(a) A student attending an institution with the aid of
financial assistance provided by another state or governmental unit or agency thereof, such nonresidency continuing for
one year after the completion of such semester or quarter.
(b) A person who is not a citizen of the United States of
America who does not have permanent or temporary resident
status or does not hold "Refugee-Parolee" or "Conditional
Entrant" status with the United States immigration and naturalization service or is not otherwise permanently residing in
the United States under color of law and who does not also
meet and comply with all the applicable requirements in
RCW 28B.15.012 and 28B.15.013.
(4) The term "domicile" shall denote a person's true,
fixed and permanent home and place of habitation. It is the
place where the student intends to remain, and to which the
28B.15.0139
student expects to return when the student leaves without
intending to establish a new domicile elsewhere. The burden
of proof that a student, parent or guardian has established a
domicile in the state of Washington primarily for purposes
other than educational lies with the student.
(5) The term "dependent" shall mean a person who is not
financially independent. Factors to be considered in determining whether a person is financially independent shall be
set forth in rules and regulations adopted by the higher education coordinating board and shall include, but not be limited
to, the state and federal income tax returns of the person
and/or the student's parents or legal guardian filed for the calendar year prior to the year in which application is made and
such other evidence as the board may require. [2003 c 95 §
1; 2002 c 186 § 2. Prior: (2002 c 186 § 1 expired June 30,
2002); 2000 c 160 § 1; 2000 c 117 § 2; 2000 c 117 § 1; 1999
c 320 § 5; 1997 c 433 § 2; 1994 c 188 § 2; 1993 sp.s. c 18 §
4; prior: 1987 c 137 § 1; 1987 c 96 § 1; 1985 c 370 § 62; 1983
c 285 § 1; 1982 1st ex.s. c 37 § 1; 1972 ex.s. c 149 § 1; 1971
ex.s. c 273 § 2.]
Intent—2003 c 95: "It is the intent of the legislature to ensure that students who receive a diploma from a Washington state high school or receive
the equivalent of a diploma in Washington state and who have lived in Washington for at least three years prior to receiving their diploma or its equivalent are eligible for in-state tuition rates when they enroll in a public institution of higher education in Washington state." [2003 c 95 § 2.]
Effective date—2003 c 95: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 95 § 4.]
Expiration date—2002 c 186 § 1: "Section 1 of this act expires June
30, 2002." [2002 c 186 § 4.]
Effective date—2002 c 186 § 2: "Section 2 of this act takes effect June
30, 2002." [2002 c 186 § 5.]
Effective date—2000 c 117 § 2: "Section 2 of this act takes effect June
30, 2002." [2000 c 117 § 5.]
Expiration date—2000 c 117 § 1: "Section 1 of this act expires June
30, 2002." [2000 c 117 § 4.]
Intent—Severability—1997 c 433: See notes following RCW
28B.15.725.
Effective date—1993 sp.s. c 18: See note following RCW 28B.10.265.
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Effective date—1982 1st ex.s. c 37: "Sections 13 and 14 of this amendatory act are necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its existing public
institutions, and shall take effect immediately. All other sections of this
amendatory act shall take effect on June 1, 1982." [1982 1st ex.s. c 37 § 24.]
Severability—1982 1st ex.s. c 37: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1982 1st ex.s. c 37 § 23.]
Severability—1971 ex.s. c 273: See note following RCW 28B.15.011.
28B.15.0139
28B.15.0139 Resident tuition rates—Border county
higher education opportunity project. For the purposes of
determining resident tuition rates, "resident student" includes
a resident of Oregon, residing in Columbia, Gilliam, Hood
River, Multnomah, Clatsop, Clackamas, Morrow, Sherman,
Umatilla, Union, Wallowa, Wasco, or Washington county,
who meets the following conditions:
(1) The student is eligible to pay resident tuition rates
under Oregon laws and has been domiciled in Columbia, Gilliam, Hood River, Multnomah, Clatsop, Clackamas, Morrow,
[2003 RCW Supp—page 271]
28B.15.031
Title 28B RCW: Higher Education
Sherman, Umatilla, Union, Wallowa, Wasco, or Washington
county for at least ninety days immediately before enrollment
at a community college located in Asotin, Benton, Clark,
Columbia, Cowlitz, Franklin, Garfield, Klickitat, Pacific,
Skamania, Wahkiakum, or Walla Walla county, Washington;
or
(2) The student is enrolled in courses located at the TriCities or Vancouver branch of Washington State University
for eight credits or less. [2003 c 159 § 4; 2002 c 130 § 3;
2000 c 160 § 2; 1999 c 320 § 4.]
28B.15.031
28B.15.031 "Operating fees"—Defined—Disposition. The term "operating fees" as used in this chapter shall
include the fees, other than building fees, charged all students
registering at the state's colleges and universities but shall not
include fees for short courses, self-supporting degree credit
programs and courses, marine station work, experimental station work, correspondence or extension courses, and individual instruction and student deposits or rentals, disciplinary
and library fines, which colleges and universities shall have
the right to impose, laboratory, gymnasium, health, technology and student activity fees, or fees, charges, rentals, and
other income derived from any or all revenue producing
lands, buildings and facilities of the colleges or universities
heretofore or hereafter acquired, constructed or installed,
including but not limited to income from rooms, dormitories,
dining rooms, hospitals, infirmaries, housing or student activity buildings, vehicular parking facilities, land, or the appurtenances thereon, or such other special fees as may be established by any college or university board of trustees or
regents from time to time. All moneys received as operating
fees at any institution of higher education shall be deposited
in a local account containing only operating fees revenue and
related interest: PROVIDED, That a minimum of three and
one-half percent of operating fees shall be retained by the
institutions for the purposes of RCW 28B.15.820. Local
operating fee accounts shall not be subject to appropriation
by the legislature or allotment procedures under chapter
43.88 RCW. [2003 c 232 § 2; 1996 c 142 § 2; 1995 1st sp.s.
c 9 § 2. Prior: 1993 sp.s. c 18 § 6; 1993 c 379 § 201; 1987 c
15 § 2; prior: 1985 c 390 § 13; 1985 c 356 § 2; 1982 1st ex.s.
c 37 § 12; 1981 c 257 § 1; 1979 c 151 § 14; 1977 ex.s. c 331
§ 3; 1971 ex.s. c 279 § 2.]
Finding—Intent—2003 c 232: "The legislature finds that, as a partner
in financing public higher education with students and parents who pay
tuition and fees, periodic increases in state funding, state financial aid, and
tuition must be authorized to provide high quality higher education for the
citizens of Washington. It is the intent of the legislature to address higher
education through a cooperative bipartisan effort that includes the legislative
and executive branches of government, parents, students, educators, as well
as business, labor, and community leaders. The legislature recognizes the
importance of keeping the public commitment to public higher education
and will continue searching for policies that halt the trend for the growth in
tuition revenue to outpace the revenue provided by the state. The legislature
believes that a well-educated citizenry is essential to both the private and the
public good. The economic and civic health of the state require both an educated citizenry and a well-trained work force. The six-year time limitation
authorizing the governing boards to establish tuition rates for all students
other than undergraduate resident students will give the legislature, the governor, and the higher education institutions an opportunity to determine
whether this policy achieves the goal of maintaining quality and access for
all who are eligible for and can benefit from a higher education. Using data
from six years of this tuition policy, the state will be able to identify options
for long-term funding of higher education including not only tuition but general fund and financial aid sources." [2003 c 232 § 1.]
[2003 RCW Supp—page 272]
Severability—1996 c 142: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1996 c 142 § 4.]
Effective date—1996 c 142: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 25, 1996]." [1996 c 142 § 5.]
Intent—Purpose—1995 1st sp.s. c 9: "It is the intent of the legislature
to address higher education funding through a cooperative bipartisan effort
that includes the legislative and executive branches of government, parents,
students, educators, and concerned citizens. This effort will begin in 1995,
with the results providing the basis for discussion during the 1996 legislative
session for future decisions and final legislative action in 1997.
The purpose of this act is to provide tuition increases for public institutions of higher education as a transition measure until final action is taken in
1997." [1995 1st sp.s. c 9 § 1.]
Effective date—1995 1st sp.s. c 9: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and shall take effect
immediately [June 14, 1995]." [1995 1st sp.s. c 9 § 14.]
Appropriation—1993 sp.s. c 18: "All moneys in the accounts established under *RCW 28B.15.824 on July 1, 1993, are hereby appropriated to
the respective institutions of higher education for deposit in the institution's
local account established under RCW 28B.15.031." [1993 sp.s. c 18 § 15.]
*Reviser's note: RCW 28B.15.824 was repealed by 1993 c 379 § 206
and by 1993 sp.s. c 18 § 14, effective July 1, 1993.
Effective date—1993 sp.s. c 18: See note following RCW 28B.10.265.
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
Effective date—1987 c 15: See note following RCW 28B.15.411.
Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012.
Severability—1981 c 257: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 257 § 13.]
Effective date—1977 ex.s. c 331: "The effective date of this 1977
amendatory act shall be September 1, 1977." [1977 ex.s. c 331 § 5.]
Severability—1977 ex.s. c 331: "If any provision of this 1977 act, or
its application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 331 § 4.]
Severability—1971 ex.s. c 279: See note following RCW 28B.15.005.
28B.15.066
28B.15.066 General fund appropriations to institutions of higher education. It is the intent of the legislature
that:
In making appropriations from the state's general fund to
institutions of higher education, each appropriation shall conform to the following:
(1) The appropriation shall not be reduced by the amount
of operating fees revenue estimated to be collected from students enrolled at the state-funded enrollment level specified
in the omnibus biennial operating appropriations act;
(2) The appropriation shall not be reduced by the amount
of operating fees revenue collected from students enrolled
above the state-funded level specified in the omnibus biennial operating appropriations act; and
(3) The general fund state appropriation shall not be
reduced by the amount of operating fees revenue collected as
a result of waiving less operating fees revenue than the
amounts authorized under RCW 28B.15.910. State general
fund appropriations shall not be provided for revenue foregone as a result of or for waivers granted under RCW
College and University Fees
28B.15.915. [2003 c 232 § 3; 2000 c 152 § 2; 1999 c 309 §
932; 1995 1st sp.s. c 9 § 3; 1993 c 379 § 205.]
Finding—Intent—2003 c 232: See note following RCW 28B.15.031.
Severability—Effective date—1999 c 309: See notes following RCW
41.06.152.
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
28B.15.067
28B.15.067 Tuition fees—Established. (1) Tuition
fees shall be established under the provisions of this chapter.
(2) Beginning with the 2003-04 academic year and ending with the 2008-09 academic year, reductions or increases
in full-time tuition fees for resident undergraduates shall be
as provided in the omnibus appropriations act.
(3) Beginning with the 2003-04 academic year and ending with the 2008-09 academic year, the governing boards of
the state universities, the regional universities, The Evergreen
State College, and the state board for community and technical colleges may reduce or increase full-time tuition fees for
all students other than resident undergraduates, including
summer school students and students in other self-supporting
degree programs. Percentage increases in full-time tuition
fees may exceed the fiscal growth factor. Reductions or
increases may be made for all or portions of an institution's
programs, campuses, courses, or students.
(4) Academic year tuition for full-time students at the
state's institutions of higher education beginning with 200910, other than summer term, shall be as charged during the
2008-09 academic year unless different rates are adopted by
the legislature.
(5) The tuition fees established under this chapter shall
not apply to high school students enrolling in participating
institutions of higher education under RCW 28A.600.300
through 28A.600.400.
(6) For the academic years 2003-04 through 2008-09, the
University of Washington shall use an amount equivalent to
ten percent of all revenues received as a result of law school
tuition increases beginning in academic year 2000-01
through academic year 2008-09 to assist needy low and middle income resident law students.
(7) For the academic years 2003-04 through 2008-09,
institutions of higher education shall use an amount equivalent to ten percent of all revenues received as a result of graduate academic school tuition increases beginning in academic
year 2003-04 through academic year 2008-09 to assist needy
low and middle-income resident graduate academic students.
[2003 c 232 § 4; 1997 c 403 § 1; 1996 c 212 § 1; 1995 1st sp.s.
c 9 § 4; 1992 c 231 § 4; 1990 1st ex.s. c 9 § 413; 1986 c 42 §
1; 1985 c 390 § 15; 1982 1st ex.s. c 37 § 15; 1981 c 257 § 2.]
Finding—Intent—2003 c 232: See note following RCW 28B.15.031.
Severability—1996 c 212: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1996 c 212 § 2.]
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28B.15.100
Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012.
Severability—1981 c 257: See note following RCW 28B.15.031.
28B.15.069
28B.15.069 Building fees—Services and activities
fees—Other fees. (1) The building fee for each academic
year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating
board and be based on the actual percentage the building fee
is of total tuition for each tuition category in the 1994-95 academic year, rounded up to the nearest half percent.
(2) The governing boards of each institution of higher
education, except for the technical colleges, shall charge to
and collect from each student a services and activities fee. A
governing board may increase the existing fee annually, consistent with budgeting procedures set forth in RCW
28B.15.045, by a percentage not to exceed the annual percentage increase in student tuition fees for resident undergraduate students: PROVIDED, That such percentage
increase shall not apply to that portion of the services and
activities fee previously committed to the repayment of
bonded debt. These rate adjustments may exceed the fiscal
growth factor. For the 2003-04 academic year, the services
and activities fee shall be based upon the resident undergraduate services and activities fee in 2002-03. The services and
activities fee committee provided for in RCW 28B.15.045
may initiate a request to the governing board for a fee
increase.
(3) Tuition and services and activities fees consistent
with subsection (2) of this section shall be set by the state
board for community and technical colleges for community
college summer school students unless the community college charges fees in accordance with RCW 28B.15.515.
(4) Subject to the limitations of RCW 28B.15.910, each
governing board of a community college may charge such
fees for ungraded courses, noncredit courses, community services courses, and self-supporting courses as it, in its discretion, may determine, consistent with the rules of the state
board for community and technical colleges. [2003 c 232 §
5; 1997 c 403 § 2; 1995 1st sp.s. c 9 § 5.]
Finding—Intent—2003 c 232: See note following RCW 28B.15.031.
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
28B.15.100
28B.15.100 Tuition and fees set by individual institutions—Limitations—Tuition and fees for certain parttime, additional time, and out-of-state students. (1) The
governing boards of the state universities, the regional universities, The Evergreen State College, and the community
colleges shall charge to and collect from each of the students
registering at the particular institution for any quarter or
semester such tuition fees and services and activities fees,
and other fees as such board shall in its discretion determine.
The total of all fees shall be rounded to the nearest whole dollar amount: PROVIDED, That such tuition fees shall be
established in accordance with RCW 28B.15.067.
(2) Part-time students shall be charged tuition and services and activities fees proportionate to full-time student
rates established for residents and nonresidents: PROVIDED, That except for students registered at community
colleges, students registered for fewer than two credit hours
[2003 RCW Supp—page 273]
28B.15.558
Title 28B RCW: Higher Education
shall be charged tuition and services and activities fees at the
rate established for two credit hours: PROVIDED FURTHER, That, subject to the limitations of RCW 28B.15.910,
residents of Idaho or Oregon who are enrolled in community
college district number twenty for six or fewer credits during
any quarter or semester may be exempted from payment of
all or a portion of the nonresident tuition fees differential
upon a declaration by the higher education coordinating
board that it finds Washington residents from the community
college district are afforded substantially equivalent treatment by such other states.
(3) Full-time students registered for more than eighteen
credit hours shall be charged an additional operating fee for
each credit hour in excess of eighteen hours at the applicable
established per credit hour tuition fee rate for part-time students: PROVIDED, That, subject to the limitations of RCW
28B.15.910, the governing boards of the state universities
and the community colleges may exempt all or a portion of
the additional charge, for students who are registered exclusively in first professional programs in medicine, dental medicine, veterinary medicine, doctor of pharmacy, or law, or
who are registered exclusively in required courses in vocational preparatory programs. [2003 c 232 § 6; 1999 c 321 §
2; 1998 c 75 § 1; 1995 1st sp.s. c 9 § 8; 1993 sp.s. c 18 § 7;
1992 c 231 § 6. Prior: 1985 c 390 § 18; 1985 c 370 § 67;
1982 1st ex.s. c 37 § 11; 1981 c 257 § 5; 1977 ex.s. c 322 § 2;
1977 ex.s. c 169 § 36; 1971 ex.s. c 279 § 5; 1969 ex.s. c 223
§ 28B.15.100; prior: (i) 1967 ex.s. c 8 § 31, part. Formerly
RCW 28.85.310, part. (ii) 1963 c 181 § 1, part; 1961 ex.s. c
10 § 1, part; 1959 c 186 § 1, part; 1947 c 243 § 1, part; 1945
c 187 § 1, part; 1933 c 169 § 1, part; 1931 c 48 § 1, part; 1921
c 139 § 1, part; 1919 c 63 § 1, part; 1915 c 66 § 2, part; RRS
§ 4546, part. Formerly RCW 28.77.030, part. (iii) 1963 c
180 § 1, part; 1961 ex.s. c 11 § 1, part; 1949 c 73 § 1, part;
1931 c 49 § 1, part; 1921 c 164 § 1, part; Rem. Supp. 1949 §
4569, part. Formerly RCW 28.80.030, part. (iv) 1967 c 47 §
10, part; 1965 ex.s. c 147 § 1, part; 1963 c 143 § 1, part; 1961
ex.s. c 13 § 3, part. Formerly RCW 28.81.080, part.]
Finding—Intent—2003 c 232: See note following RCW 28B.15.031.
Intent—1999 c 321: "The legislature recognizes that certain tuition
policies may have an adverse impact on the unique role of community colleges.
Therefore, it is the intent of the legislature to eliminate impediments to
the ability of community colleges to meet the diverse needs of students and
business interests." [1999 c 321 § 1.]
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
Effective date—1993 sp.s. c 18: See note following RCW 28B.10.265.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012.
Severability—1981 c 257: See note following RCW 28B.15.031.
Severability—1977 ex.s. c 322: See note following RCW 28B.15.065.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—1971 ex.s. c 279: See note following RCW 28B.15.005.
28B.15.558
28B.15.558 Waiver of tuition and fees for state
employees, veterans of the Korean conflict, and Washington national guard members. (1) The governing boards of
[2003 RCW Supp—page 274]
the state universities, the regional universities, The Evergreen
State College, and the community colleges may waive all or
a portion of the tuition and services and activities fees for
state employees as defined under subsection (2) of this section, veterans of the Korean conflict, and members of the
Washington national guard. The enrollment of these persons
is pursuant to the following conditions:
(a) Such persons shall register for and be enrolled in
courses on a space available basis and no new course sections
shall be created as a result of the registration;
(b) Enrollment information on persons registered pursuant to this section shall be maintained separately from other
enrollment information and shall not be included in official
enrollment reports, nor shall such persons be considered in
any enrollment statistics that would affect budgetary determinations; and
(c) Persons registering on a space available basis shall be
charged a registration fee of not less than five dollars.
(2) For the purposes of this section, "state employees"
means persons employed half-time or more in one or more of
the following employee classifications:
(a) Permanent employees in classified service under
chapter 41.06 RCW;
(b) Permanent employees governed by chapter 41.56
RCW pursuant to the exercise of the option under *RCW
41.56.201;
(c) Permanent classified employees and exempt paraprofessional employees of technical colleges; and
(d) Faculty, counselors, librarians, and exempt professional and administrative employees at institutions of higher
education as defined in RCW 28B.10.016.
(3) For the purposes of this section, "veterans of the
Korean conflict" means persons who served on active duty in
the armed forces of the United States during any portion of
the period beginning June 27, 1950, and ending January 31,
1955.
(4) In awarding waivers, an institution of higher education may award waivers to eligible persons employed by the
institution before considering waivers for eligible persons
who are not employed by the institution.
(5) If an institution of higher education exercises the
authority granted under this section, it shall include all eligible state employees, veterans of the Korean conflict, and
members of the Washington national guard in the pool of persons eligible to participate in the program.
(6) In establishing eligibility to receive waivers, institutions of higher education may not discriminate between fulltime employees and employees who are employed half-time
or more. [2003 c 160 § 2; 1997 c 211 § 1; 1996 c 305 § 3;
1992 c 231 § 20; 1990 c 88 § 1.]
*Reviser's note: RCW 41.56.201 was repealed by 2002 c 354 § 403,
effective July 1, 2005.
Finding—Intent—2003 c 160: "The legislature finds that military and
naval veterans who have served their country in wars on foreign soil have
risked their own lives to defend both the lives of all Americans and the freedom that define[s] and distinguish[es] our nation. It is the intent of the legislature to honor veterans of the Korean conflict for the public service they
have provided to their country." [2003 c 160 § 1.]
Effective date—1996 c 305 § 3: "Section 3 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect immediately [March 30, 1996]." [1996 c 305 § 4.]
University of Washington
Severability—1996 c 305: See note following RCW 28B.85.020.
28B.20.289
28B.20.324 Repealed. (Effective July 1, 2004.)
Effective date—1992 c 231: See note following RCW 28B.10.016.
28B.20.285
28B.15.600
28B.15.600 Refunds or cancellation of fees—Fouryear institutions of higher education. (1) The governing
boards of the state universities, the regional universities, and
The Evergreen State College may refund or cancel in full the
tuition and services and activities fees if the student withdraws from a university or college course or program prior to
the sixth day of instruction of the quarter or semester for
which the fees have been paid or are due. If the student withdraws on or after the sixth day of instruction, the governing
boards may refund or cancel up to one-half of the fees, provided such withdrawal occurs within the first thirty calendar
days following the beginning of instruction. However, if a
different policy is required by federal law in order for the
institution of higher education to maintain eligibility for federal funding of programs, the governing board may adopt a
refund policy that meets the minimum requirements of the
federal law, and the policy may treat all students attending
the institution in the same manner. Additionally, if federal
law provides that students who receive federal financial aid
must return a larger amount to the federal government than
that refunded by the institution, the governing board may
adopt a refund policy that uses the formula used to calculate
the amount returned to the federal government, and the policy
may treat all students attending the institution in the same
manner.
(2) The governing boards of the respective universities
and college may adopt rules for the refund of tuition and fees
for courses or programs that begin after the start of the regular quarter or semester.
(3) The governing boards may extend the refund or cancellation period for students who withdraw for medical reasons or who are called into the military service of the United
States and may refund other fees pursuant to such rules as
they may prescribe. [2003 c 319 § 1; 1995 c 36 § 1; 1993
sp.s. c 18 § 22; 1991 c 164 § 5; 1985 c 390 § 32; 1983 c 256
§ 1; 1977 ex.s. c 169 § 40; 1973 1st ex.s. c 46 § 2; 1971 ex.s.
c 279 § 15; 1969 ex.s. c 223 § 28B.15.600. Prior: 1963 c 89
§ 1. Formerly RCW 28.76.430.]
Effective date—1995 c 36: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 13, 1995]." [1995 c 36 § 3.]
Effective date—1993 sp.s. c 18: See note following RCW 28B.10.265.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—1973 1st ex.s. c 46: See note following RCW
28B.10.704.
Severability—1971 ex.s. c 279: See note following RCW 28B.15.005.
Chapter 28B.20
Chapter 28B.20 RCW
UNIVERSITY OF WASHINGTON
Sections
28B.20.285 Washington technology center—Created—Purpose.
28B.20.289 Washington technology center—Administration—Board of
directors.
28B.20.320 Marine biological preserve—Established and described—
Unlawful gathering of marine biological materials—Penalty.
(Effective July 1, 2004.)
28B.20.322 Repealed. (Effective July 1, 2004.)
28B.20.285 Washington technology center—Created—Purpose. A Washington technology center is created
to be a collaborative effort between the state's universities,
private industry, and government. The technology center
shall be headquartered at the University of Washington. The
mission of the technology center shall be to perform and
commercialize research on a statewide basis that benefits the
intermediate and long-term economic vitality of the state of
Washington, and to develop and strengthen university-industry relationships through the conduct of research that is primarily of interest to Washington-based companies or state
economic development programs. The technology center
shall:
(1) Perform and/or facilitate research supportive of state
science and technology objectives, particularly as they relate
to state industries;
(2) Provide leading edge collaborative research and technology transfer opportunities primarily to state industries;
(3) Provide substantial opportunities for training undergraduate and graduate students through direct involvement in
research and industry interactions;
(4) Emphasize and develop nonstate support of the technology center's research activities;
(5) Administer the investing in innovation grants program; and
(6) Provide a forum for effective interaction between the
state's technology-based industries and its academic research
institutions through promotion of faculty collaboration with
industry, particularly within the state. [2003 c 403 § 10; 1992
c 142 § 3; 1983 1st ex.s. c 72 § 11.]
Intent—2003 c 403: See RCW 70.210.010.
Effective date—Short title—1983 1st ex.s. c 72: See RCW
28B.65.905 and 28B.65.900.
28B.20.289
28B.20.289 Washington technology center—Administration—Board of directors. (1) The technology center
shall be administered by the board of directors of the technology center.
(2) The board shall consist of the following members:
Fourteen members from among individuals who are associated with or employed by technology-based industries and
have broad business experience and an understanding of high
technology; eight members from the state's universities with
graduate science and engineering programs; the executive
director of the Spokane Intercollegiate Research and Technology Institute or his or her designated representative; the
provost of the University of Washington or his or her designated representative; the provost of the Washington State
University or his or her designated representative; and the
director of the department of community, trade, and economic development or his or her designated representative.
The term of office for each board member, excluding the
executive director of the Spokane Intercollegiate Research
and Technology Institute, the provost of the University of
Washington, the provost of the Washington State University,
and the director of the department of community, trade, and
economic development, shall be three years. The executive
director of the technology center shall be an ex officio, nonvoting member of the board. The board shall meet at least
[2003 RCW Supp—page 275]
28B.20.320
Title 28B RCW: Higher Education
quarterly. Board members shall be appointed by the governor based on the recommendations of the existing board of
the technology center, and the research universities. The
governor shall stagger the terms of the first group of appointees to ensure the long term continuity of the board.
(3) The duties of the board include:
(a) Developing the general operating policies for the
technology center;
(b) Appointing the executive director of the technology
center;
(c) Approving the annual operating budget of the technology center;
(d) Establishing priorities for the selection and funding
of research projects that guarantee the greatest potential
return on the state's investment;
(e) Approving and allocating funding for research
projects conducted by the technology center, based on the
recommendations of the advisory committees for each of the
research centers;
(f) In cooperation with the department of community,
trade, and economic development, developing a biennial
work plan and five-year strategic plan for the technology center that are consistent with the statewide technology development and commercialization goals;
(g) Coordinating with the University of Washington,
Washington State University, and other participating institutions of higher education in the development of training,
research, and development programs to be conducted at the
technology center that shall be targeted to meet industrial
needs;
(h) Assisting the department of community, trade, and
economic development in the department's efforts to develop
state science and technology public policies and coordinate
publicly funded programs;
(i) Performing the duties required under chapter 70.210
RCW relating to the investing in innovation grants program;
(j) Reviewing annual progress reports on funded
research projects that are prepared by the advisory committees for each of the research centers;
(k) Providing an annual report to the governor and the
legislature detailing the activities and performance of the
technology center; and
(l) Submitting annually to the department of community,
trade, and economic development an updated strategic plan
and a statement of performance measured against the mission, roles, and contractual obligations of the technology center. [2003 c 403 § 11; 1995 c 399 § 26; 1992 c 142 § 4.]
Intent—2003 c 403: See RCW 70.210.010.
28B.20.320
28B.20.320 Marine biological preserve—Established
and described—Unlawful gathering of marine biological
materials—Penalty. (Effective July 1, 2004.) (1) There is
hereby created an area of preserve of marine biological materials useful for scientific purposes, except when gathered for
human food, and except, also, the plant nereocystis, commonly called "kelp." Such area of preserve shall consist of
the salt waters and the beds and shores of the islands constituting San Juan county and of Cypress Island in Skagit
county.
(2) No person shall gather such marine biological materials from the area of preserve, except upon permission first
[2003 RCW Supp—page 276]
granted by the director of the Friday Harbor Laboratories of
the University of Washington.
(3) A person gathering such marine biological materials
contrary to the terms of this section is guilty of a misdemeanor. [2003 c 53 § 174; 1969 ex.s. c 223 § 28B.20.320.
Prior: 1923 c 74 § 1; RRS § 8436-1. Formerly RCW
28.77.230.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
28B.20.322
28B.20.322 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
28B.20.324
28B.20.324 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 28B.50 RCW
COMMUNITY AND TECHNICAL COLLEGES
Chapter 28B.50
(Formerly: Community colleges)
Sections
28B.50.030
28B.50.090
28B.50.465
28B.50.468
28B.50.837
Definitions.
College board—Powers and duties.
Cost-of-living increases—Academic employees.
Cost-of-living increases—Classified employees.
Exceptional faculty awards—Established—Community and
technical college faculty awards trust fund.
28B.50.839 Exceptional faculty awards—Guidelines—Matching funds—
Donations—Disbursements.
28B.50.890 Apprentices—Associate degree pathway.
28B.50.030
28B.50.030 Definitions. As used in this chapter, unless
the context requires otherwise, the term:
(1) "System" shall mean the state system of community
and technical colleges, which shall be a system of higher education.
(2) "Board" shall mean the work force training and education coordinating board.
(3) "College board" shall mean the state board for community and technical colleges created by this chapter.
(4) "Director" shall mean the administrative director for
the state system of community and technical colleges.
(5) "District" shall mean any one of the community and
technical college districts created by this chapter.
(6) "Board of trustees" shall mean the local community
and technical college board of trustees established for each
college district within the state.
(7) "Occupational education" shall mean that education
or training that will prepare a student for employment that
does not require a baccalaureate degree.
(8) "K-12 system" shall mean the public school program
including kindergarten through the twelfth grade.
(9) "Common school board" shall mean a public school
district board of directors.
(10) "Community college" shall include those higher
education institutions that conduct education programs under
RCW 28B.50.020.
(11) "Technical college" shall include those higher education institutions with the sole mission of conducting occupational education, basic skills, literacy programs, and offer-
Community and Technical Colleges
ing on short notice, when appropriate, programs that meet
specific industry needs. The programs of technical colleges
shall include, but not be limited to, continuous enrollment,
competency-based instruction, industry-experienced faculty,
curriculum integrating vocational and basic skills education,
and curriculum approved by representatives of employers
and labor. For purposes of this chapter, technical colleges
shall include Lake Washington Vocational-Technical Institute, Renton Vocational-Technical Institute, Bates Vocational-Technical Institute, Clover Park Vocational Institute,
and Bellingham Vocational-Technical Institute.
(12) "Adult education" shall mean all education or
instruction, including academic, vocational education or
training, basic skills and literacy training, and "occupational
education" provided by public educational institutions,
including common school districts for persons who are eighteen years of age and over or who hold a high school diploma
or certificate. However, "adult education" shall not include
academic education or instruction for persons under twentyone years of age who do not hold a high school degree or
diploma and who are attending a public high school for the
sole purpose of obtaining a high school diploma or certificate, nor shall "adult education" include education or instruction provided by any four year public institution of higher
education.
(13) "Dislocated forest product worker" shall mean a forest products worker who: (a)(i) Has been terminated or
received notice of termination from employment and is
unlikely to return to employment in the individual's principal
occupation or previous industry because of a diminishing
demand for his or her skills in that occupation or industry; or
(ii) is self-employed and has been displaced from his or her
business because of the diminishing demand for the business'
services or goods; and (b) at the time of last separation from
employment, resided in or was employed in a rural natural
resources impact area.
(14) "Forest products worker" shall mean a worker in the
forest products industries affected by the reduction of forest
fiber enhancement, transportation, or production. The workers included within this definition shall be determined by the
employment security department, but shall include workers
employed in the industries assigned the major group standard
industrial classification codes "24" and "26" and the industries involved in the harvesting and management of logs,
transportation of logs and wood products, processing of wood
products, and the manufacturing and distribution of wood
processing and logging equipment. The commissioner may
adopt rules further interpreting these definitions. For the purposes of this subsection, "standard industrial classification
code" means the code identified in RCW 50.29.025(3).
(15) "Dislocated salmon fishing worker" means a finfish
products worker who: (a)(i) Has been terminated or received
notice of termination from employment and is unlikely to
return to employment in the individual's principal occupation
or previous industry because of a diminishing demand for his
or her skills in that occupation or industry; or (ii) is selfemployed and has been displaced from his or her business
because of the diminishing demand for the business's services
or goods; and (b) at the time of last separation from employment, resided in or was employed in a rural natural resources
impact area.
28B.50.030
(16) "Salmon fishing worker" means a worker in the finfish industry affected by 1994 or future salmon disasters.
The workers included within this definition shall be determined by the employment security department, but shall
include workers employed in the industries involved in the
commercial and recreational harvesting of finfish including
buying and processing finfish. The commissioner may adopt
rules further interpreting these definitions.
(17) "Rural natural resources impact area" means:
(a) A nonmetropolitan county, as defined by the 1990
decennial census, that meets three of the five criteria set forth
in subsection (18) of this section;
(b) A nonmetropolitan county with a population of less
than forty thousand in the 1990 decennial census, that meets
two of the five criteria as set forth in subsection (18) of this
section; or
(c) A nonurbanized area, as defined by the 1990 decennial census, that is located in a metropolitan county that
meets three of the five criteria set forth in subsection (18) of
this section.
(18) For the purposes of designating rural natural
resources impact areas, the following criteria shall be considered:
(a) A lumber and wood products employment location
quotient at or above the state average;
(b) A commercial salmon fishing employment location
quotient at or above the state average;
(c) Projected or actual direct lumber and wood products
job losses of one hundred positions or more;
(d) Projected or actual direct commercial salmon fishing
job losses of one hundred positions or more; and
(e) An unemployment rate twenty percent or more above
the state average. The counties that meet these criteria shall
be determined by the employment security department for the
most recent year for which data is available. For the purposes
of administration of programs under this chapter, the United
States post office five-digit zip code delivery areas will be
used to determine residence status for eligibility purposes.
For the purpose of this definition, a zip code delivery area of
which any part is ten miles or more from an urbanized area is
considered nonurbanized. A zip code totally surrounded by
zip codes qualifying as nonurbanized under this definition is
also considered nonurbanized. The office of financial management shall make available a zip code listing of the areas to
all agencies and organizations providing services under this
chapter. [2003 2nd sp.s. c 4 § 33; 1997 c 367 § 13; 1995 c
226 § 17; 1992 c 21 § 5. Prior: 1991 c 315 § 15; 1991 c 238
§ 22; 1985 c 461 § 14; 1982 1st ex.s. c 53 § 24; 1973 c 62 §
12; 1969 ex.s. c 261 § 18; 1969 ex.s. c 223 § 28B.50.030;
prior: 1967 ex.s. c 8 § 3.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Severability—Conflict with federal requirements—Effective date—
1997 c 367: See notes following RCW 43.160.020.
Severability—Conflict with federal requirements—Effective date—
1995 c 226: See notes following RCW 43.160.020.
Intent—1991 c 315: "The legislature finds that:
(1) The economic health and well-being of timber-dependent communities is of substantial public concern. The significant reduction in annual
timber harvest levels likely will result in reduced economic activity and persistent unemployment and underemployment over time, which would be a
serious threat to the safety, health, and welfare of residents of the timber
[2003 RCW Supp—page 277]
28B.50.090
Title 28B RCW: Higher Education
impact areas, decreasing the value of private investments and jeopardizing
the sources of public revenue.
(2) Timber impact areas are most often located in areas that are experiencing little or no economic growth, creating an even greater risk to the
health, safety, and welfare of these communities. The ability to remedy
problems caused by the substantial reduction in harvest activity is beyond the
power and control of the regulatory process and influence of the state, and
the ordinary operations of private enterprise without additional governmental assistance are insufficient to adequately remedy the resulting problems of
poverty and unemployment.
(3) To address these concerns, it is the intent of the legislature to
increase training and retraining services accessible to timber impact areas,
and provide for coordination of noneconomic development services in timber impact areas as economic development efforts will not succeed unless
social, housing, health, and other needs are addressed." [1991 c 315 § 1.]
Severability—Conflict with federal requirements—Effective date—
1991 c 315: See RCW 50.70.900 through 50.70.902.
Severability—1985 c 461: See note following RCW 41.06.020.
Severability—1982 1st ex.s. c 53: See note following RCW 41.06.020.
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
Severability—1969 ex.s. c 261: See note following RCW 28B.50.020.
28B.50.090
28B.50.090 College board—Powers and duties. The
college board shall have general supervision and control over
the state system of community and technical colleges. In
addition to the other powers and duties imposed upon the college board by this chapter, the college board shall be charged
with the following powers, duties and responsibilities:
(1) Review the budgets prepared by the boards of trustees, prepare a single budget for the support of the state system
of community and technical colleges and adult education, and
submit this budget to the governor as provided in RCW
43.88.090;
(2) Establish guidelines for the disbursement of funds;
and receive and disburse such funds for adult education and
maintenance and operation and capital support of the college
districts in conformance with the state and district budgets,
and in conformance with chapter 43.88 RCW;
(3) Ensure, through the full use of its authority:
(a) That each college district shall offer thoroughly comprehensive educational, training and service programs to
meet the needs of both the communities and students served
by combining high standards of excellence in academic transfer courses; realistic and practical courses in occupational
education, both graded and ungraded; and community services of an educational, cultural, and recreational nature; and
adult education, including basic skills and general, family,
and work force literacy programs and services. However,
technical colleges, and college districts containing only technical colleges, shall maintain programs solely for occupational education, basic skills, and literacy purposes. For as
long as a need exists, technical colleges may continue those
programs, activities, and services they offered during the
twelve-month period preceding May 17, 1991;
(b) That each college district shall maintain an open-door
policy, to the end that no student will be denied admission
because of the location of the student's residence or because
of the student's educational background or ability; that, insofar as is practical in the judgment of the college board, curriculum offerings will be provided to meet the educational and
training needs of the community generally and the students
thereof; and that all students, regardless of their differing
courses of study, will be considered, known and recognized
[2003 RCW Supp—page 278]
equally as members of the student body: PROVIDED, That
the administrative officers of a community or technical college may deny admission to a prospective student or attendance to an enrolled student if, in their judgment, the student
would not be competent to profit from the curriculum offerings of the college, or would, by his or her presence or conduct, create a disruptive atmosphere within the college not
consistent with the purposes of the institution. This subsection (3)(b) shall not apply to competency, conduct, or presence associated with a disability in a person twenty-one years
of age or younger attending a technical college;
(4) Prepare a comprehensive master plan for the development of community and technical college education and
training in the state; and assist the office of financial management in the preparation of enrollment projections to support
plans for providing adequate college facilities in all areas of
the state. The master plan shall include implementation of
the vision, goals, priorities, and strategies in the statewide
strategic master plan for higher education under RCW
28B.80.345 based on the community and technical college
system's role and mission. The master plan shall also contain
measurable performance indicators and benchmarks for
gauging progress toward achieving the goals and priorities;
(5) Define and administer criteria and guidelines for the
establishment of new community and technical colleges or
campuses within the existing districts;
(6) Establish criteria and procedures for modifying district boundary lines consistent with the purposes set forth in
RCW 28B.50.020 as now or hereafter amended and in accordance therewith make such changes as it deems advisable;
(7) Establish minimum standards to govern the operation
of the community and technical colleges with respect to:
(a) Qualifications and credentials of instructional and
key administrative personnel, except as otherwise provided
in the state plan for vocational education,
(b) Internal budgeting, accounting, auditing, and financial procedures as necessary to supplement the general
requirements prescribed pursuant to chapter 43.88 RCW,
(c) The content of the curriculums and other educational
and training programs, and the requirement for degrees and
certificates awarded by the colleges,
(d) Standard admission policies,
(e) Eligibility of courses to receive state fund support;
(8) Establish and administer criteria and procedures for
all capital construction including the establishment, installation, and expansion of facilities within the various college
districts;
(9) Encourage innovation in the development of new
educational and training programs and instructional methods;
coordinate research efforts to this end; and disseminate the
findings thereof;
(10) Exercise any other powers, duties and responsibilities necessary to carry out the purposes of this chapter;
(11) Authorize the various community and technical colleges to offer programs and courses in other districts when it
determines that such action is consistent with the purposes set
forth in RCW 28B.50.020 as now or hereafter amended;
(12) Notwithstanding any other law or statute regarding
the sale of state property, sell or exchange and convey any or
all interest in any community and technical college real and
personal property, except such property as is received by a
Community and Technical Colleges
college district in accordance with RCW 28B.50.140(8),
when it determines that such property is surplus or that such
a sale or exchange is in the best interests of the community
and technical college system;
(13) In order that the treasurer for the state board for
community and technical colleges appointed in accordance
with RCW 28B.50.085 may make vendor payments, the state
treasurer will honor warrants drawn by the state board providing for an initial advance on July 1, 1982, of the current
biennium and on July 1 of each succeeding biennium from
the state general fund in an amount equal to twenty-four percent of the average monthly allotment for such budgeted
biennium expenditures for the state board for community and
technical colleges as certified by the office of financial management; and at the conclusion of such initial month and for
each succeeding month of any biennium, the state treasurer
will reimburse expenditures incurred and reported monthly
by the state board treasurer in accordance with chapter 43.88
RCW: PROVIDED, That the reimbursement to the state
board for actual expenditures incurred in the final month of
each biennium shall be less the initial advance made in such
biennium;
(14) Notwithstanding the provisions of subsection (12)
of this section, may receive such gifts, grants, conveyances,
devises, and bequests of real or personal property from private sources as may be made from time to time, in trust or
otherwise, whenever the terms and conditions thereof will aid
in carrying out the community and technical college programs and may sell, lease or exchange, invest or expend the
same or the proceeds, rents, profits and income thereof
according to the terms and conditions thereof; and adopt regulations to govern the receipt and expenditure of the proceeds, rents, profits and income thereof;
(15) The college board shall have the power of eminent
domain;
(16) Provide general supervision over the state's technical colleges. The president of each technical college shall
report directly to the director of the state board for community and technical colleges, or the director's designee, until
local control is assumed by a new or existing board of trustees as appropriate, except that a college president shall have
authority over program decisions of his or her college until
the establishment of a board of trustees for that college. The
directors of the vocational-technical institutes on March 1,
1991, shall be designated as the presidents of the new technical colleges. [2003 c 130 § 6; 1991 c 238 § 33; 1982 c 50 §
1; 1981 c 246 § 2; 1979 c 151 § 20; 1977 ex.s. c 282 § 4; 1973
c 62 § 16; 1969 ex.s. c 261 § 21; 1969 ex.s. c 223 §
28B.50.090. Prior: 1967 ex.s. c 8 § 9.]
Findings—Intent—2003 c 130: See note following RCW 28B.80.330.
Severability—1981 c 246: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 246 § 6.]
Severability—1977 ex.s. c 282: See note following RCW 28B.50.870.
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
Severability—1969 ex.s. c 261: See note following RCW 28B.50.020.
Construction, reconstruction, equipping facilities—Financing: RCW
28B.50.340.
Development of budget: RCW 43.88.090.
28B.50.468
Eminent domain: Title 8 RCW.
State budgeting, accounting, and reporting system: Chapter 43.88 RCW.
28B.50.465
28B.50.465 Cost-of-living increases—Academic
employees. (1) Academic employees of community and
technical college districts shall be provided an annual salary
cost-of-living increase in accordance with this section. For
purposes of this section, "academic employee" has the same
meaning as defined in RCW 28B.52.020.
(a) Beginning with the 2001-2002 fiscal year, and for
each subsequent fiscal year, except as provided in (d) of this
subsection, each college district shall receive a cost-of-living
allocation sufficient to increase academic employee salaries,
including mandatory salary-related benefits, by the rate of the
yearly increase in the cost-of-living index.
(b) A college district shall distribute its cost-of-living
allocation for salaries and salary-related benefits in accordance with the district's salary schedules, collective bargaining agreements, and other compensation policies. No later
than the end of the fiscal year, each college district shall certify to the college board that it has spent funds provided for
cost-of-living increases on salaries and salary-related benefits.
(c) The college board shall include any funded cost-ofliving increase in the salary base used to determine cost-ofliving increases for academic employees in subsequent years.
(d) Beginning with the 2001-2002 fiscal year, and for
each subsequent fiscal year except for the 2003-04 and 200405 fiscal years, the state shall fully fund the cost-of-living
increase set forth in this section.
(2) For the purposes of this section, "cost-of-living
index" means, for any fiscal year, the previous calendar year's
annual average consumer price index, using the official current base, compiled by the bureau of labor statistics, United
States department of labor for the state of Washington. If the
bureau of labor statistics develops more than one consumer
price index for areas within the state, the index covering the
greatest number of people, covering areas exclusively within
the boundaries of the state, and including all items shall be
used for the cost-of-living index in this section. [2003 1st
sp.s. c 20 § 3; 2001 c 4 § 3 (Initiative Measure No. 732,
approved November 7, 2000).]
Severability—2001 c 4 (Initiative Measure No. 732): See note following RCW 28A.400.205.
28B.50.468
28B.50.468 Cost-of-living increases—Classified
employees. (1) Classified employees of technical colleges
shall be provided an annual salary cost-of-living increase in
accordance with this section. For purposes of this section,
"technical college" has the same meaning as defined in RCW
28B.50.030. This section applies to only those classified
employees under the jurisdiction of chapter 41.56 RCW.
(a) Beginning with the 2001-2002 fiscal year, and for
each subsequent fiscal year, except as provided in (d) of this
subsection, each technical college board of trustees shall
receive a cost-of-living allocation sufficient to increase classified employee salaries, including mandatory salary-related
benefits, by the rate of the yearly increase in the cost-of-living index.
(b) A technical college board of trustees shall distribute
its cost-of-living allocation for salaries and salary-related
[2003 RCW Supp—page 279]
28B.50.837
Title 28B RCW: Higher Education
benefits in accordance with the technical college's salary
schedules, collective bargaining agreements, and other compensation policies. No later than the end of the fiscal year,
each technical college shall certify to the college board that it
has spent funds provided for cost-of-living increases on salaries and salary-related benefits.
(c) The college board shall include any funded cost-ofliving increase in the salary base used to determine cost-ofliving increases for technical college classified employees in
subsequent years.
(d) Beginning with the 2001-2002 fiscal year, and for
each subsequent fiscal year except for the 2003-2004 and
2004-2005 fiscal years, the state shall fully fund the cost-ofliving increase set forth in this section.
(2) For the purposes of this section, "cost-of-living
index" means, for any fiscal year, the previous calendar year's
annual average consumer price index, using the official current base, compiled by the bureau of labor statistics, United
States department of labor for the state of Washington. If the
bureau of labor statistics develops more than one consumer
price index for areas within the state, the index covering the
greatest number of people, covering areas exclusively within
the boundaries of the state, and including all items shall be
used for the cost-of-living index in this section. [2003 1st
sp.s. c 20 § 4; 2001 c 4 § 4 (Initiative Measure No. 732,
approved November 7, 2000).]
Severability—2001 c 4 (Initiative Measure No. 732): See note following RCW 28A.400.205.
28B.50.837
28B.50.837 Exceptional faculty awards—Established—Community and technical college faculty awards
trust fund. (1) The Washington community and technical
college exceptional faculty awards program is established.
The program shall be administered by the college board. The
college faculty awards trust fund hereby created shall be
administered by the state treasurer.
(2) Funds appropriated by the legislature for the community and technical college exceptional faculty awards program shall be deposited in the college faculty awards trust
fund. At the request of the college board, the treasurer shall
release the state matching funds to the local endowment fund
of the college or its foundation. No appropriation is necessary for the expenditure of moneys from the fund. Expenditures from the fund may be used solely for the exceptional
faculty awards program. [2003 c 129 § 2; 2002 c 371 § 902;
1993 c 87 § 1; 1991 sp.s. c 13 §§ 108, 109; 1991 c 238 § 63;
1990 c 29 § 2.]
vate sources, institutions and foundations may apply to the
college board for grants from the fund in ten thousand dollar
increments up to a maximum set by the college board. These
donations shall be made specifically to the exceptional faculty awards program and deposited by the institution or foundation in a local endowment fund or a foundation's fund.
Otherwise unrestricted gifts may be deposited in the endowment fund by the institution or foundation.
(3) Once sufficient private donations are received by the
institution or foundation, the institution shall inform the college board and request state matching funds. The college
board shall evaluate the request for state matching funds
based on program priorities and guidelines. The college
board may ask the state treasurer to release the state matching
funds to a local endowment fund established by the institution or a foundation's fund established by a foundation for
each faculty award created.
(4) A college, by action of its board of trustees, may
transfer those exceptional faculty award funds accumulated
in its local endowment fund between July 1, 1991, and July
25, 1993, to its foundation's local endowment fund established as provided in subsection (2) of this section. [2003 c
129 § 1; 1994 c 234 § 3; 1993 c 87 § 2; 1991 c 238 § 64; 1990
c 29 § 3.]
Severability—1990 c 29: See note following RCW 28B.50.835.
28B.50.890
28B.50.890 Apprentices—Associate degree pathway.
(1) At the request of an apprenticeship committee pursuant to
RCW 49.04.150, the community or technical college or colleges providing apprentice-related and supplemental instruction for an apprenticeship program shall develop an associate
degree pathway for the apprentices in that program, if the
necessary resources are available.
(2) In developing a degree program, the community or
technical college or colleges shall ensure, to the extent possible, that related and supplemental instruction is credited
toward the associate degree and that related and supplemental
instruction and other degree requirements are not redundant.
(3) If multiple community or technical colleges provide
related and supplemental instruction for a single apprenticeship committee, the colleges shall work together to the maximum extent possible to create consistent requirements for the
pathway. [2003 c 128 § 3.]
Findings—2003 c 128: See note following RCW 49.04.150.
Chapter 28B.80 RCW
HIGHER EDUCATION COORDINATING BOARD
Chapter 28B.80
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
(Formerly: Council for postsecondary education in the state of Washington)
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Sections
Severability—1990 c 29: See note following RCW 28B.50.835.
28B.50.839
28B.50.839 Exceptional faculty awards—Guidelines—Matching funds—Donations—Disbursements. (1)
In consultation with eligible community and technical colleges, the college board shall set priorities and guidelines for
the program.
(2) All community and technical colleges and their foundations shall be eligible for matching trust funds. When they
can match the state funds with equal cash donations from pri[2003 RCW Supp—page 280]
28B.80.330 Duties.
28B.80.335 Prioritized capital project lists for higher education institutions.
28B.80.340 Program responsibilities.
28B.80.345 Statewide strategic master plan for higher education.
28B.80.610 Higher education institutional responsibilities.
28B.80.805 Border county higher education opportunity project—Findings—Intent.
28B.80.806 Border county higher education opportunity project—Created.
28B.80.807 Border county higher education opportunity project—Administration.
28B.80.810 Transfer standards pilot project. (Expires June 30, 2006.)
Higher Education Coordinating Board
28B.80.335
28B.80.330
28B.80.330 Duties. The board shall perform the following planning duties in consultation with the four-year institutions including the council of presidents, the community and
technical college system, and when appropriate the work
force training and education coordinating board, the superintendent of public instruction, and the independent higher educational institutions:
(1) Review, evaluate, and make recommendations on
operating and capital budget requests from four-year institutions and the community and technical college system, based
on how the budget requests align with and implement the
statewide strategic master plan for higher education under
RCW 28B.80.345;
(a) By December of each odd-numbered year, the board
shall distribute guidelines which outline the board's fiscal priorities to the institutions and the state board for community
and technical colleges. The institutions and the state board
for community and technical colleges shall submit an outline
of their proposed budgets, identifying major components, to
the board no later than August 1st of each even-numbered
year. The board shall submit recommendations on the proposed budgets and on the board's budget priorities to the
office of financial management before November 1st of each
even-numbered year, and to the legislature by January 1st of
each odd-numbered year;
(b) Institutions and the state board for community and
technical colleges shall submit any supplemental budget
requests and revisions to the board at the same time they are
submitted to the office of financial management. The board
shall submit recommendations on the proposed supplemental
budget requests to the office of financial management by
November 1st and to the legislature by January 1st;
(2) Recommend legislation affecting higher education;
(3) Prepare recommendations on merging or closing
institutions; and
(4) Develop criteria for identifying the need for new baccalaureate institutions. [2003 c 130 § 3; 1997 c 369 § 10;
1996 c 174 § 1; 1993 c 363 § 6; 1985 c 370 § 4.]
Findings—Intent—2003 c 130: "(1) The legislature finds that:
(a) At the time the higher education coordinating board was created in
1985, the legislature wanted a board with a comprehensive mission that
included planning, budget and program review authority, and program
administration;
(b) Since its creation, the board has achieved numerous accomplishments, including proposals leading to creation of the branch campus system,
and has made access and affordability of higher education a consistent priority;
(c) However, higher education in Washington state is currently at a
crossroads. Demographic, economic, and technological changes present
new and daunting challenges for the state and its institutions of higher education. As the state looks forward to the future, the legislature, the governor,
and institutions need a common strategic vision to guide planning and decision making.
(2) Therefore, it is the legislature's intent to reaffirm and strengthen the
strategic planning role of the higher education coordinating board. It is also
the legislature's intent to examine options for reassigning or altering other
roles and responsibilities to enable the board to place priority and focus on
planning and coordination." [2003 c 130 § 1.]
Findings—Effective date—1993 c 363: See notes following RCW
28B.80.610.
Industrial project of statewide significance—Defined: RCW 43.157.010.
28B.80.335
28B.80.335 Prioritized capital project lists for higher
education institutions. (1) Beginning with the 2005-2007
biennial capital budget submittal, the public four-year institu-
tions, in consultation with the council of presidents and the
higher education coordinating board, shall prepare a single
prioritized individual ranking of the individual projects proposed by the four-year institutions as provided in subsection
(2) of this section. The public four-year institutions may
aggregate minor works project requests into priority categories without separately ranking each minor project, provided
that these aggregated minor works requests are ranked within
the overall list. For repairs and improvements to existing
facilities and systems, the rating and ranking of individual
projects must be based on criteria or factors that include, but
are not limited to, the age and condition of buildings or systems, the programmatic suitability of the building or system,
and the activity/occupancy level supported by the building or
system. For projects creating new space or capacity, the ratings and rankings of projects must be based upon criteria or
factors that include, but are not limited to, measuring existing
capacity and progress toward meeting increased space utilization levels as determined by the higher education coordinating board.
(2) The single prioritized four-year project list shall be
approved by the governing boards of each public four-year
institution and shall be submitted to the office of financial
management and the higher education coordinating board
concurrent with the institution's submittal of their biennial
capital budget requests.
(3)(a) The higher education coordinating board, in consultation with the office of financial management and the
joint legislative audit and review committee, shall develop
common definitions that public four-year institutions and the
state board for community and technical colleges shall use in
developing their project lists under this section.
(b) As part of its duties under *RCW 28B.80.330(4), the
higher education coordinating board shall, as part of its biennial budget guidelines, disseminate, by December 1st of each
odd-numbered year, the criteria framework, including general definitions, categories, and rating system, to be used by
the public four-year institutions in the development of the
prioritized four-year project list. The criteria framework
shall specify the general priority order of project types based
on criteria determined by the board, in consultation with the
public four-year institutions.
(c) Under *RCW 28B.80.330(4), the public four-year
institutions shall submit a preliminary prioritized four-year
project list to the higher education coordinating board by
August 1st of each even-numbered year.
(d) The state board for community and technical colleges
shall, as part of its biennial capital budget request, submit a
single prioritized ranking of the individual projects proposed
for the community and technical colleges. The state board
for community and technical colleges shall submit an outline
of the prioritized community and technical college project list
to the higher education coordinating board under *RCW
28B.80.330(4) by August 1st of each even-numbered year.
(4) The higher education coordinating board, in consultation with the public four-year institutions, shall resolve any
disputes or disagreements arising among the four-year institutions concerning the ranking of particular projects. Further,
should one or more governing boards of the public four-year
institutions fail to approve the prioritized four-year project
list as required in this section, or should a prioritized project
[2003 RCW Supp—page 281]
28B.80.340
Title 28B RCW: Higher Education
list not be submitted by the public four-year institutions concurrent with the submittal of their respective biennial capital
budget requests as provided in subsection (2) of this section,
the higher education coordinating board shall prepare the prioritized four-year institution project list itself.
(5) In developing any rating and ranking of capital
projects proposed by the two-year and four-year public universities and colleges, the board:
(a) Shall be provided with available information by the
public two-year and four-year institutions as deemed necessary by the board;
(b) May utilize independent services to verify, sample, or
evaluate information provided to the board by the two-year
and four-year institutions; and
(c) Shall have full access to all data maintained by the
office of financial management and the joint legislative audit
and review committee concerning the condition of higher
education facilities.
(6) Beginning with the 2005-2007 biennial capital budget submittal, the higher education coordinating board shall,
in consultation with the state board for community and technical colleges and four-year colleges and universities, submit
its capital budget recommendations and the separate two-year
and four-year prioritized project lists. [2003 1st sp.s. c 8 § 2.]
*Reviser's note: RCW 28B.80.330 was amended by 2003 c 130 § 3,
changing subsection (4) to subsection (1)(a).
Findings—Intent—2003 1st sp.s. c 8: "(1) The legislature finds that a
capital investment in higher education facilities is needed over the next several biennia to adequately preserve, modernize, and expand the capacity of
the state's public two-year and four-year colleges and universities. This
investment is needed to responsibly preserve and restore existing facilities
and to provide additional space for new students. Further, the legislature
finds that capital appropriations will need to respond to each of these areas of
need in a planned, balanced, and prioritized manner so that access to a quality system of higher education is ensured.
(2) It is the intent of the legislature that a methodology be developed
that will guide capital appropriation decisions by rating and individually
ranking, in sequential, priority order, all major capital projects proposed by
the two-year and four-year public universities and colleges. Further, it is the
intent of the legislature that this rating, ranking, and prioritization of capital
needs will reflect the state's higher education policies and goals including the
comprehensive master plan for higher education as submitted by the higher
education coordinating board and as adopted by the legislature." [2003 1st
sp.s. c 8 § 1.]
28B.80.340
28B.80.340 Program responsibilities. (1) The board
shall perform the following program responsibilities, in consultation with the institutions and with other interested agencies and individuals:
(a) Approve the creation of any new degree programs at
the four-year institutions and prepare fiscal notes on any such
programs;
(b) Review, evaluate, and make recommendations for
the modification, consolidation, initiation, or elimination of
on-campus programs, at the four-year institutions;
(c) Review and evaluate and approve, modify, consolidate, initiate, or eliminate off-campus programs at the fouryear institutions;
(d) Approve, and adopt guidelines for, higher education
centers and consortia;
(e) Approve purchase or lease of major off-campus facilities for the four-year institutions and the community colleges;
[2003 RCW Supp—page 282]
(f) Establish campus service areas and define on-campus
and off-campus activities and major facilities; and
(g) Approve contracts for off-campus educational programs initiated by the state's four-year institutions individually, in concert with other public institutions, or with independent institutions.
(2) In performing its responsibilities under this section,
the board shall consider, and require institutions to demonstrate, how the proposals align with or implement the statewide strategic master plan for higher education under RCW
28B.80.345. The board shall also develop clear guidelines
and objective decision-making criteria regarding approval of
proposals under this section. [2003 c 130 § 4; 1985 c 370 §
5.]
Findings—Intent—2003 c 130: See note following RCW 28B.80.330.
28B.80.345
28B.80.345 Statewide strategic master plan for
higher education. (1) The board shall develop a statewide
strategic master plan for higher education that proposes a
vision and identifies goals and priorities for the system of
higher education in Washington state. The board shall also
specify strategies for maintaining and expanding access,
affordability, quality, efficiency, and accountability among
the various institutions of higher education.
(2) In developing the statewide strategic master plan for
higher education, the board shall collaborate with the fouryear institutions of higher education including the council of
presidents, the community and technical college system, and,
when appropriate, the work force training and education
coordinating board, the superintendent of public instruction,
and the independent higher education institutions. The board
shall also seek input from students, faculty organizations,
community and business leaders in the state, members of the
legislature, and the governor.
(3) As a foundation for the statewide strategic master
plan for higher education, the board shall develop and establish role and mission statements for each of the four-year
institutions of higher education and the community and technical college system. The board shall determine whether certain major lines of study or types of degrees, including
applied degrees or research-oriented degrees, shall be
assigned uniquely to some institutions or institutional sectors
in order to create centers of excellence that focus resources
and expertise.
(4) In assessing needs of the state's higher education system, the board may consider and analyze the following information:
(a) Demographic, social, economic, and technological
trends and their impact on service delivery;
(b) The changing ethnic composition of the population
and the special needs arising from those trends;
(c) Business and industrial needs for a skilled work
force;
(d) College attendance, retention, transfer, and dropout
rates;
(e) Needs and demands for basic and continuing education and opportunities for lifelong learning by individuals of
all age groups; and
(f) Needs and demands for access to higher education by
placebound students and individuals in heavily populated
areas underserved by public institutions.
Higher Education Coordinating Board
(5) The statewide strategic master plan for higher education shall include, but not be limited to, the following:
(a) Recommendations based on enrollment forecasts and
analysis of data about demand for higher education, and policies and actions to meet those needs;
(b) State or regional priorities for new or expanded
degree programs or off-campus programs, including what
models of service delivery may be most cost-effective;
(c) Recommended policies or actions to improve the efficiency of student transfer and graduation or completion;
(d) State or regional priorities for addressing needs in
high-demand fields where enrollment access is limited and
employers are experiencing difficulty finding enough qualified graduates to fill job openings;
(e) Recommended tuition and fees policies and levels;
and
(f) Priorities and recommendations on financial aid.
(6) The board shall present the vision, goals, priorities,
and strategies in the statewide strategic master plan for higher
education in a way that provides guidance for institutions, the
governor, and the legislature to make further decisions
regarding institution-level plans, policies, legislation, and
operating and capital funding for higher education. In the
statewide strategic master plan for higher education, the
board shall recommend specific actions to be taken and identify measurable performance indicators and benchmarks for
gauging progress toward achieving the goals and priorities.
(7) Every four years by December 15th, beginning
December 15, 2003, the board shall submit an interim statewide strategic master plan for higher education to the governor and the legislature. The interim plan shall reflect the
expectations and policy directions of the legislative higher
education and fiscal committees, and shall provide a timely
and relevant framework for the development of future budgets and policy proposals. The legislature shall, by concurrent resolution, approve or recommend changes to the interim
plan, following public hearings. The board shall submit the
final plan, incorporating legislative changes, to the governor
and the legislature by June of the year in which the legislature
approves the concurrent resolution. The plan shall then
become state higher education policy unless legislation is
enacted to alter the policies set forth in the plan. [2003 c 130
§ 2.]
Findings—Intent—2003 c 130: See note following RCW 28B.80.330.
28B.80.610
28B.80.610 Higher education institutional responsibilities. (1) At the local level, the higher education institutional responsibilities include but are not limited to:
(a) Development and provision of strategic plans that
implement the vision, goals, priorities, and strategies within
the statewide strategic master plan for higher education under
RCW 28B.80.345 based on the institution's role and mission.
Institutional strategic plans shall also contain measurable performance indicators and benchmarks for gauging progress
toward achieving the goals and priorities. In developing their
strategic plans, the research universities shall consider the
feasibility of significantly increasing the number of evening
graduate classes;
(b) For the four-year institutions of higher education,
timely provision of information required by the higher educa-
28B.80.610
tion coordinating board to report to the governor, the legislature, and the citizens;
(c) Provision of local student financial aid delivery systems to achieve both statewide goals and institutional objectives in concert with statewide policy; and
(d) Operating as efficiently as feasible within institutional missions and goals.
(2) At the state level, the higher education coordinating
board shall be responsible for:
(a) Ensuring that strategic plans to be prepared by the
institutions are aligned with and implement the statewide
strategic master plan for higher education under RCW
28B.80.345 and periodically monitoring institutions' progress
toward achieving the goals and priorities within their plans;
(b) Preparation of reports to the governor, the legislature,
and the citizens on program accomplishments and use of
resources by the institutions;
(c) Administration and policy implementation for statewide student financial aid programs; and
(d) Assistance to institutions in improving operational
efficiency through measures that include periodic review of
program efficiencies.
(3) At the state level, on behalf of community colleges
and technical colleges, the state board for community and
technical colleges shall coordinate and report on the system's
strategic plans, including reporting on the system's progress
toward achieving the statewide goals and priorities within its
plan, and shall provide any information required of its colleges by the higher education coordinating board. [2003 c
130 § 5; 1993 c 363 § 2.]
Findings—Intent—2003 c 130: See note following RCW 28B.80.330.
Findings—1993 c 363: "The legislature finds a need to redefine the
relationship between the state and its postsecondary education institutions
through a compact based on trust, evidence, and a new alignment of responsibilities. As the proportion of the state budget dedicated to postsecondary
education programs has continued to decrease and the opportunity for this
state's citizens to participate in such programs also has declined, the state
institutions of higher education have increasingly less flexibility to respond
to emerging challenges through innovative management and programming.
The legislature finds that this state has not provided its institutions of higher
education with the ability to effectively achieve statewide goals and objectives to increase access to, improve the quality of, and enhance the accountability for its postsecondary education system.
Therefore, the legislature declares that the policy of the state of Washington is to create an environment in which the state institutions of higher
education have the authority and flexibility to enhance attainment of statewide goals and objectives for the state's postsecondary education system
through decisions and actions at the local level. The policy shall have the
following attributes:
(1) The accomplishment of equitable and adequate enrollment by significantly raising enrollment lids, adequately funding those increases, and
providing sufficient financial aid for the neediest students;
(2) The development and use of a new definition of quality measured
by effective operations and clear results; the efficient use of funds to achieve
well-educated students;
(3) The attainment of a new resource management relationship that
removes the state from micromanagement, allows institutions greater management autonomy to focus resources on essential functions, and encourages
innovation; and
(4) The development of a system of coordinated planning and sufficient feedback to assure policymakers and citizens that students are succeeding and resources are being prudently deployed." [1993 c 363 § 1.]
Effective date—1993 c 363: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 363 § 7.]
[2003 RCW Supp—page 283]
28B.80.805
Title 28B RCW: Higher Education
28B.80.805
28B.80.805 Border county higher education opportunity project—Findings—Intent. (1) The legislature finds
that certain tuition policies in Oregon state are more responsive to the needs of students living in economic regions that
cross the state border than the Washington state policies.
Under Oregon policy, students who are Washington residents
may enroll at Portland State University for eight credits or
less and pay the same tuition as Oregon residents. Further,
the state of Oregon passed legislation in 1997 to begin providing to its community colleges the same level of state funding for students residing in bordering states as students residing in Oregon.
(2) The legislature intends to build on the recent Oregon
initiatives regarding tuition policy for students in bordering
states and to facilitate regional planning for higher education
delivery by creating a project on resident tuition rates in
Washington counties that border Oregon state. [2003 c 159 §
1; 2002 c 130 § 1; 1999 c 320 § 1.]
28B.80.806
28B.80.806 Border county higher education opportunity project—Created. (1) The border county higher education opportunity project is created. The purpose of the
project is to allow Washington institutions of higher education that are located in counties on the Oregon border to
implement tuition policies that correspond to Oregon policies. Under the border county project, Columbia Basin Community College, Clark College, Lower Columbia Community
College, Grays Harbor Community College, and Walla Walla
Community College may enroll students who reside in the
bordering Oregon counties of Columbia, Gilliam, Hood
River, Multnomah, Clatsop, Clackamas, Morrow, Sherman,
Umatilla, Union, Wallowa, Wasco, and Washington at resident tuition rates. The Tri-Cities and Vancouver branches of
Washington State University may enroll students who reside
in the bordering Oregon counties of Columbia, Multnomah,
Clatsop, Clackamas, Morrow, Umatilla, Union, Wallowa,
and Washington for eight credits or less at resident tuition
rates.
(2) Washington institutions of higher education participating in the project shall give priority program enrollment to
Washington residents. [2003 c 159 § 2; 2002 c 130 § 2; 2000
c 160 § 3; 1999 c 320 § 2.]
Resident tuition rates—Border county higher education opportunity project:
RCW 28B.15.0139.
28B.80.807
28B.80.807 Border county higher education opportunity project—Administration. The higher education coordinating board shall administer Washington's participation in
the border county higher education opportunity project.
[2003 c 159 § 3; 2002 c 130 § 4; 1999 c 320 § 3.]
to that four-year institution, and one or more private career
colleges that prepare students in the academic disciplines
selected under the pilot project. Such colleges shall be
accredited and licensed under chapter 28C.10 RCW.
(2) The pilot project participants shall identify several
academic disciplines to form the basis of the project and
develop a work plan, timelines, and expected products for the
project, which shall be presented by the higher education
coordinating board in a preliminary report to the higher education committees of the legislature by December 1, 2004.
(3) Under the pilot project, participants shall develop
standards, definitions, and procedures for quality assurance
for a transfer system based on student competencies. It is the
legislature's intent that under such a system, four-year institutions of higher education, in collaboration with two-year
institutions of higher education, define the knowledge, skills,
and abilities students should possess in order to enter an
upper division program in a particular academic discipline.
The two and four-year institutions providing lower division
preparation for such an upper division program are responsible for certifying that a student meets the expected standards,
but have flexibility to determine how to assess whether the
student has obtained the necessary knowledge, skills, and
abilities. Such assessments need not be based on completion
of particular courses or accumulation of credits.
(4) The pilot project participants may request assistance
in their work from the higher education coordinating board,
the western interstate commission on higher education, the
state board for community and technical colleges, or the
council of presidents. The pilot project participants and the
higher education coordinating board shall structure the work
of the project in such a way that development costs for the
project are absorbed within existing institution and agency
budgets.
(5) In collaboration with the higher education coordinating board, the pilot project participants shall report to the
higher education committees of the legislature by December
1, 2005, on the progress and status of the pilot project. The
report shall identify any barriers encountered by the project
and make recommendations for next steps in developing a
competency-based transfer system for higher education.
(6) This section expires June 30, 2006. [2003 c 131 § 2.]
Finding—Intent—2003 c 131: "The legislature finds that the focus of
transfer between institutions of higher education has been on students' accumulation of credits, where courses necessary for entry to each successive
level of higher education have been individually identified and vary by institution and academic discipline. It is the legislature's intent to begin a process
that will change the focus of transfer to defining and recognizing student
competencies." [2003 c 131 § 1.]
Chapter 28B.85
28B.80.810
28B.80.810 Transfer standards pilot project.
(Expires June 30, 2006.) (1) The higher education coordinating board, in consultation with the state board for community and technical colleges and the council of presidents, shall
recruit and select institutions of higher education to participate in a pilot project to define transfer standards in selected
academic disciplines on the basis of student competencies.
Participants shall include one public four-year institution of
higher education, two or more community or technical colleges that regularly transfer a substantial number of students
[2003 RCW Supp—page 284]
Chapter 28B.85 RCW
DEGREE-GRANTING INSTITUTIONS
Sections
28B.85.030 Current authorization required to offer or grant degree—Penalty for violation. (Effective July 1, 2004.)
28B.85.110 Repealed. (Effective July 1, 2004.)
28B.85.030
28B.85.030 Current authorization required to offer
or grant degree—Penalty for violation. (Effective July 1,
2004.) (1) A degree-granting institution shall not operate and
Educational Opportunity Grant Program—Placebound Students
shall not grant or offer to grant any degree unless the institution has obtained current authorization from the board.
(2) Any person, group, or entity or any owner, officer,
agent, or employee of such entity who willfully violates this
section is guilty of a gross misdemeanor and shall be punished by a fine not to exceed one thousand dollars or by
imprisonment in the county jail for a term not to exceed one
year, or by both such fine and imprisonment. Each day on
which a violation occurs constitutes a separate violation. The
criminal sanctions may be imposed by a court of competent
jurisdiction in an action brought by the attorney general of
this state. [2003 c 53 § 175; 1986 c 136 § 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
28B.85.110
28B.85.110 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 28B.101 RCW
EDUCATIONAL OPPORTUNITY GRANT
PROGRAM—PLACEBOUND STUDENTS
28B.115.090
bound applicant is further defined as a person who would be
unable to complete a baccalaureate course of study but for
receipt of an educational opportunity grant. [2003 c 233 § 3;
1990 c 288 § 4.]
28B.101.040
28B.101.040 Use of grants. Grants may be used by eligible participants to attend any public or private college or
university in the state of Washington that is accredited by an
accrediting association recognized by rule of the higher education coordinating board for the program and that complies
with eligibility criteria established by rule of the higher education coordinating board. The participant shall not be eligible for a grant if it will be used for any programs that include
religious worship, exercise, or instruction or to pursue a
degree in theology. Each participating student may receive
up to two thousand five hundred dollars per academic year,
not to exceed the student's demonstrated financial need for
the course of study. [2003 c 233 § 4; 2002 c 186 § 3. Prior:
1993 sp.s. c 18 § 35; 1993 c 385 § 2; 1990 c 288 § 6.]
Chapter 28B.101
Sections
28B.101.005
28B.101.010
28B.101.020
28B.101.040
Finding—Intent.
Program created.
Definition—Eligibility.
Use of grants.
28B.101.005
28B.101.005 Finding—Intent. The legislature finds
that many individuals in the state of Washington have
attended college and received an associate of arts or associate
of science degree, or the equivalent, but are placebound.
The legislature intends to establish an educational opportunity grant program for placebound students who have completed an associate of arts or associate of science degree, or
the equivalent, in an effort to increase their participation in
and completion of upper-division programs. [2003 c 233 § 1;
1990 c 288 § 2.]
28B.101.010
28B.101.010 Program created. The educational
opportunity grant program is hereby created to serve placebound financially needy students by assisting them to obtain
a baccalaureate degree at public and private institutions of
higher education approved for participation by the higher
education coordinating board. [2003 c 233 § 2; 1990 c 288 §
3.]
28B.101.020
28B.101.020 Definition—Eligibility. (1) For the purposes of this chapter, "placebound" means unable to complete a college program because of family or employment
commitments, health concerns, monetary inability, or other
similar factors.
(2) To be eligible for an educational opportunity grant,
applicants must be placebound residents of the state of Washington as defined in RCW 28B.15.012(2) (a) through (d),
wh o : ( a ) Ar e n e e d y st u d e n ts a s d e f in e d in RC W
28B.10.802(3); and (b) have completed the associate of arts
or associate of science degree or the equivalent. A placebound resident is one who may be influenced by the receipt
of an enhanced student financial aid award to complete a baccalaureate degree at an eligible institution. An eligible place-
Effective date—1993 sp.s. c 18: See note following RCW 28B.10.265.
Chapter 28B.115 RCW
HEALTH PROFESSIONAL CONDITIONAL
SCHOLARSHIP PROGRAM
Chapter 28B.115
Sections
28B.115.070 Eligible credentialed health care professions—Health professional shortage areas.
28B.115.090 Loan repayment and scholarship awards.
28B.115.070
28B.115.070 Eligible credentialed health care professions—Health professional shortage areas. After June 1,
1992, the department, in consultation with the board and the
department of social and health services, shall:
(1) Determine eligible credentialed health care professions for the purposes of the loan repayment and scholarship
program authorized by this chapter. Eligibility shall be based
upon an assessment that determines that there is a shortage or
insufficient availability of a credentialed profession so as to
jeopardize patient care and pose a threat to the public health
and safety. The department shall consider the relative degree
of shortages among professions when determining eligibility.
The department may add or remove professions from eligibility based upon the determination that a profession is no
longer in shortage. Should a profession no longer be eligible,
participants or eligible students who have received scholarships shall be eligible to continue to receive scholarships or
loan repayments until they are no longer eligible or until their
service obligation has been completed;
(2) Determine health professional shortage areas for
each of the eligible credentialed health care professions.
[2003 c 278 § 3; 1991 c 332 § 20.]
Findings—2003 c 278: See note following RCW 28C.18.120.
28B.115.090
28B.115.090 Loan repayment and scholarship
awards. (1) The board may grant loan repayment and scholarship awards to eligible participants from the funds appropriated for this purpose, or from any private or public funds
given to the board for this purpose. Participants are ineligible
to receive loan repayment if they have received a scholarship
from programs authorized under this chapter or chapter
[2003 RCW Supp—page 285]
Chapter 28B.119
Title 28B RCW: Higher Education
70.180 RCW or are ineligible to receive a scholarship if they
have received loan repayment authorized under this chapter
or chapter 28B.115 RCW.
(2) Funds appropriated for the program, including reasonable administrative costs, may be used by the board for
the purposes of loan repayments or scholarships. The board
shall annually establish the total amount of funding to be
awarded for loan repayments and scholarships and such allocations shall be established based upon the best utilization of
funding for that year.
(3) One portion of the funding appropriated for the program shall be used by the board as a recruitment incentive for
communities participating in the community-based recruitment and retention program as authorized by chapter 70.185
RCW; one portion of the funding shall be used by the board
as a recruitment incentive for recruitment activities in stateoperated institutions, county public health departments and
districts, county human service agencies, federal and state
contracted community health clinics, and other health care
facilities, such as rural hospitals that have been identified by
the department, as providing substantial amounts of charity
care or publicly subsidized health care; one portion of the
funding shall be used by the board for all other awards. The
board shall determine the amount of total funding to be distributed between the three portions. [2003 c 278 § 4; 1991 c
332 § 22; 1989 1st ex.s. c 9 § 720. Formerly RCW
18.150.050.]
Findings—2003 c 278: See note following RCW 28C.18.120.
Chapter 28B.119
Chapter 28B.119 RCW
WASHINGTON PROMISE
SCHOLARSHIP PROGRAM
Sections
28B.119.010 Program design—Parameters.
28B.119.010
28B.119.010 Program design—Parameters. The
higher education coordinating board shall design the Washington promise scholarship program based on the following
parameters:
(1) Scholarships shall be awarded to students graduating
from public and approved private high schools under chapter
28A.195 RCW, students participating in home-based instruction as provided in chapter 28A.200 RCW, and persons
twenty-one years of age or younger receiving a GED certificate, who meet both an academic and a financial eligibility
criteria.
(a) Academic eligibility criteria shall be defined as follows:
(i) Beginning with the graduating class of 2002, students
graduating from public and approved private high schools
under chapter 28A.195 RCW must be in the top fifteen percent of their graduating class, as identified by each respective
high school at the completion of the first term of the student's
senior year; or
(ii) Students graduating from public high schools,
approved private high schools under chapter 28A.195 RCW,
students participating in home-based instruction as provided
in chapter 28A.200 RCW, and persons twenty-one years of
age or younger receiving a GED certificate, must equal or
exceed a cumulative scholastic assessment test I score of
[2003 RCW Supp—page 286]
twelve hundred on their first attempt or must equal or exceed
a composite American college test score of twenty-seven on
their first attempt.
(b) To meet the financial eligibility criteria, a student's
family income shall not exceed one hundred thirty-five percent of the state median family income adjusted for family
size, as determined by the higher education coordinating
board for each graduating class. Students not meeting the eligibility requirements for the first year of scholarship benefits
may reapply for the second year of benefits, but must still
meet the income standard set by the board for the student's
graduating class.
(2) Promise scholarships are not intended to supplant any
grant, scholarship, or tax program related to postsecondary
education. If the board finds that promise scholarships supplant or reduce any grant, scholarship, or tax program for categories of students, then the board shall adjust the financial
eligibility criteria or the amount of scholarship to the level
necessary to avoid supplanting.
(3) Within available funds, each qualifying student shall
receive two consecutive annual awards, the value of each not
to exceed the full-time annual resident tuition rates charged
by Washington's community colleges. The higher education
coordinating board shall award scholarships to as many students as possible from among those qualifying under this section.
(4) By October 15th of each year, the board shall determine the award amount of the scholarships, after taking into
consideration the availability of funds.
(5) The scholarships may only be used for undergraduate
coursework at accredited institutions of higher education in
the state of Washington.
(6) The scholarships may be used for undergraduate
coursework at Oregon institutions of higher education that
are part of the border county higher education opportunity
project in RCW 28B.80.806 when those institutions offer
programs not available at accredited institutions of higher
education in Washington state.
(7) The scholarships may be used for college-related
expenses, including but not limited to, tuition, room and
board, books, and materials.
(8) The scholarships may not be awarded to any student
who is pursuing a degree in theology.
(9) The higher education coordinating board may establish satisfactory progress standards for the continued receipt
of the promise scholarship.
(10) The higher education coordinating board shall
establish the time frame within which the student must use
the scholarship. [2003 c 233 § 5; 2002 c 204 § 2.]
Chapter 28B.125
Chapter 28B.125 RCW
HEALTH PERSONNEL RESOURCES
Sections
28B.125.005 through 28B.125.030 Repealed.
28B.125.005
28B.125.005 through 28B.125.030 Repealed. See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Gaining Independence for Students with Dependents Program
Chapter 28B.133 RCW
GAINING INDEPENDENCE FOR STUDENTS WITH
DEPENDENTS PROGRAM
Chapter 28C.18
Chapter 28B.133
a conditional gift of private moneys in the account require
that a portion of earnings on such moneys be reinvested in the
account. [2003 c 19 § 4.]
Sections
28B.133.040
28B.133.005
28B.133.010
28B.133.020
28B.133.030
28B.133.040
28B.133.050
28B.133.900
28B.133.901
Finding—Intent.
Program created.
Eligibility.
Students with dependents grant account.
Program administration.
Use of grants.
Short title.
Captions not law—2003 c 19.
28B.133.005
28B.133.005 Finding—Intent. The legislature finds
that financially needy students, especially those with dependents, are finding it increasingly difficult to stay in school
due to the high costs of caring for their dependent children.
The legislature intends to establish an educational assistance grant program, funded through gifts, grants, or endowments from private sources, for students with dependents
who have additional financial needs due to the care they provide for their dependents eighteen years of age or younger.
[2003 c 19 § 1.]
28B.133.010
28B.133.010 Program created. The educational assistance grant program for students with dependents is hereby
created, subject to the availability of receipts of gifts, grants,
or endowments from private sources. The program is created
to serve financially needy students with dependents eighteen
years of age or younger, by assisting them directly through a
grant program to pursue a degree or certificate at public or
private institutions of higher education, as defined in RCW
28B.10.802, that participate in the state need grant program.
[2003 c 19 § 2.]
28B.133.020
28B.133.020 Eligibility. To be eligible for the educational assistance grant program for students with dependents,
applicants shall: (1) Be residents of the state of Washington;
(2) be needy students as defined in RCW 28B.10.802(3); (3)
be eligible to participate in the state need grant program as set
forth under RCW 28B.10.810; and (4) have dependents eighteen years of age or younger who are under their care. [2003
c 19 § 3.]
28B.133.040 Program administration. The higher
education coordinating board shall develop and administer
the educational assistance grant program for students with
dependents. In administering the program, once the balance
in the students with dependents grant account is five hundred
thousand dollars, the board's powers and duties shall include
but not be limited to:
(1) Adopting necessary rules and guidelines;
(2) Publicizing the program;
(3) Accepting and depositing donations into the grant
account established in RCW 28B.133.030; and
(4) Soliciting and accepting grants and donations from
private sources for the program. [2003 c 19 § 5.]
28B.133.050
28B.133.050 Use of grants. The educational assistance
grant program for students with dependents grants may be
used by eligible participants to attend any public or private
college or university in the state of Washington as defined in
RCW 28B.10.802. Each participating student may receive an
amount to be determined by the higher education coordinating board, with a minimum amount of one thousand dollars
per academic year, not to exceed the student's documented
financial need for the course of study as determined by the
institution.
Educational assistance grants for students with dependents are not intended to supplant any grant scholarship or tax
program related to postsecondary education. If the higher
education coordinating board finds that the educational assistance grants for students with dependents supplant or reduce
any grant, scholarship, or tax program for categories of students, then the higher education coordinating board shall
adjust the financial eligibility criteria or the amount of the
grant to the level necessary to avoid supplanting. [2003 c 19
§ 6.]
28B.133.900
28B.133.900 Short title. This chapter may be known
and cited as the gaining independence for students with
dependents program. [2003 c 19 § 7.]
28B.133.030
28B.133.030 Students with dependents grant
account. (1) The students with dependents grant account is
created in the custody of the state treasurer. All receipts from
the program shall be deposited into the account. Only the
higher education coordinating board, or its designee, may
authorize expenditures from the account. Disbursements
from the account are exempt from appropriations and the
allotment procedures under chapter 43.88 RCW.
(2) The board may solicit and receive gifts, grants, or
endowments from private sources that are made from time to
time, in trust or otherwise, for the use and benefit of the purposes of the educational assistance grant program. The executive director, or the executive director's designee, may spend
gifts, grants, or endowments or income from the private
sources according to their terms unless the receipt of the gifts,
grants, or endowments violates RCW 42.17.710.
(3) The earnings on the account shall be used solely for
the purposes in RCW 28B.133.010, except when the terms of
28B.133.901
28B.133.901 Captions not law—2003 c 19. Captions
used in this act are not any part of the law. [2003 c 19 § 9.]
Title 28C
Title 28C
VOCATIONAL EDUCATION
Chapters
28C.18 Work force training and education.
Chapter 28C.18
Chapter 28C.18 RCW
WORK FORCE TRAINING AND EDUCATION
Sections
28C.18.120 State strategic plan for supply of health care personnel—
Reports.
[2003 RCW Supp—page 287]
28C.18.120
Title 29 RCW: Elections
28C.18.120
28C.18.120 State strategic plan for supply of health
care personnel—Reports. The board shall:
(1) Facilitate ongoing collaboration among stakeholders
in order to address the health care personnel shortage;
(2) In collaboration with stakeholders, establish and
maintain a state strategic plan for ensuring an adequate supply of health care personnel that safeguards the ability of the
health care delivery system in Washington state to provide
quality, accessible health care to residents of Washington;
and
(3) Report to the governor and legislature by December
31, 2003, and annually thereafter, on progress on the state
plan and make additional recommendations as necessary.
[2003 c 278 § 2.]
Findings—2003 c 278: "The legislature finds and declares:
(1) There is a severe shortage of health care personnel in Washington
state;
(2) The shortage contributes to increased costs in health care and
threatens the ability of the health care system to provide adequate and accessible services;
(3) The current shortage of health care personnel is structural rather
than the cyclical shortages of the past, and this is due to demographic
changes that will increase demand for health care services;
(4) An increasing proportion of the population will reach retirement
age, and an increasing proportion of health care personnel will also reach
retirement age; and
(5) There should be continuing collaboration among health care work
force stakeholders to address the shortage of health care personnel." [2003 c
278 § 1.]
Title 29
Title 29
ELECTIONS
Chapters
29.04 General provisions.
29.33 Voting systems.
29.36 Absentee voting.
29.38 Election by mail.
29.51 Polling place regulations during voting hours.
29.81 Voters' pamphlet.
Reviser's note: Effective July 1, 2004, Title 29 RCW is reorganized
and recodified as Title 29A RCW, pursuant to 2003 c 111 § 2401. Sections
repealed by 2003 c 111 § 2404 have no entry in the "Effective 7/1/04" column.
COMPARATIVE TABLE
Current
29.01.005
29.01.006
29.01.008
29.01.010
29.01.020
29.01.030
29.01.040
29.01.042
29.01.043
29.01.045
29.01.047
29.01.050
[2003 RCW Supp—page 288]
Effective
7/1/04
29A.04.001
29A.04.007
29A.04.013
29A.04.019
29A.04.025
29A.04.031
29A.04.037
29A.04.043
COMPARATIVE TABLE
29.01.055
29.01.060
29.01.065
29.01.068
29.01.070
29.01.080
29.01.087
29.01.090
29.01.100
29.01.110
29.01.113
29.01.117
29.01.119
29.01.120
29.01.130
29.01.135
29.01.136
29.01.137
29.01.140
29.01.150
29.01.155
29.01.160
29.01.170
29.01.180
29.01.200
29.04.001
29.04.010
29.04.020
29.04.025
29.04.030
29.04.035
29.04.040
29.04.050
29.04.055
29.04.060
29.04.070
29.04.080
29.04.085
29.04.088
29.04.091
29.04.095
29.04.100
29.04.110
29.04.120
29.04.140
29.04.150
29.04.160
29A.04.049
29A.04.055
29A.04.061
29A.04.067
29A.04.073
29A.04.079
29A.04.085
29A.04.097
29A.04.091
29A.04.103
29A.04.109
29A.04.115
29A.04.121
29A.04.127
29A.04.133
29A.04.139
29A.04.145
29A.04.151
29A.04.163
29A.04.157
29A.04.175
29A.04.169
29A.04.181
29A.04.205
29A.04.210
29A.04.215
29A.04.225
29A.68.010
29A.32.020
29A.16.040
29A.16.050
29A.16.060
29A.04.235
29A.04.230
29A.04.610
29A.04.240
29A.04.245
29A.04.250
29A.08.040
29A.08.720
29A.08.730
29A.08.740
29A.76.040
29A.08.750
29A.08.760
Elections
COMPARATIVE TABLE
29.04.170
29.04.180
29.04.190
29.04.200
29.04.210
29.04.230
29.04.235
29.04.240
29.04.250
29.07.005
29.07.010
29.07.025
29.07.030
29.07.070
29.07.080
29.07.090
29.07.092
29.07.100
29.07.110
29.07.115
29.07.120
29.07.130
29.07.140
29.07.152
29.07.160
29.07.170
29.07.180
29.07.220
29.07.230
29.07.240
29.07.260
29.07.270
29.07.280
29.07.290
29.07.300
29.07.310
29.07.320
29.07.400
29.07.405
29.07.410
29.07.420
29.07.430
29.07.440
29.07.450
29.08.010
29.08.020
29.08.030
29A.20.040
29A.24.310
29A.24.320
29A.12.150
29A.04.255
29A.08.770
29A.08.650
29A.08.010
29A.08.105
29A.08.310
29A.08.150
29A.08.210
29A.08.230
29A.08.240
29A.08.135
29A.08.115
29A.08.710
29A.08.220
29A.08.145
29A.08.140
29A.44.120
29A.44.290
29A.08.125
29A.08.155
29A.08.340
29A.08.350
29A.84.110
29A.84.120
29A.84.130
29A.08.320
29A.08.330
29A.08.020
29A.08.120
Title 29
COMPARATIVE TABLE
29.08.040
29.08.050
29.08.060
29.08.070
29.08.080
29.08.090
29.08.900
29.10.011
29.10.015
29.10.020
29.10.040
29.10.051
29.10.060
29.10.071
29.10.075
29.10.081
29.10.090
29.10.097
29.10.100
29.10.110
29.10.125
29.10.127
29.10.130
29.10.140
29.10.150
29.10.170
29.10.180
29.10.185
29.10.200
29.10.210
29.10.220
29.10.230
29.13.010
29.13.020
29.13.021
29.13.023
29.13.024
29.13.040
29.13.045
29.13.047
29.13.048
29.13.050
29.13.060
29.13.070
29.13.080
29.15.010
29.15.020
29A.08.260
29A.08.110
29A.08.250
29A.08.030
29A.08.615
29A.08.410
29A.08.420
29A.08.440
29A.76.030
29A.08.620
29A.08.630
29A.08.130
29A.08.510
29A.08.520
29A.08.530
29A.08.540
29A.08.810
29A.08.820
29A.08.830
29A.08.840
29A.08.850
29A.08.430
29A.08.605
29A.08.610
29A.08.635
29A.08.640
29A.08.625
29A.08.645
29A.04.320
29A.04.330
35.22.235
35.22.245
29A.60.010
29A.04.410
29A.04.420
29A.04.430
29A.20.030
29A.04.310
29A.44.070
29A.24.030
29A.24.050
[2003 RCW Supp—page 289]
Title 29
Title 29 RCW: Elections
COMPARATIVE TABLE
29.15.025
29.15.026
29.15.030
29.15.040
29.15.044
29.15.046
29.15.050
29.15.060
29.15.070
29.15.080
29.15.090
29.15.100
29.15.110
29.15.120
29.15.125
29.15.130
29.15.140
29.15.150
29.15.160
29.15.170
29.15.180
29.15.190
29.15.200
29.15.210
29.15.220
29.15.230
29.15.240
29.15.800
29.18.010
29.18.120
29.18.150
29.18.160
29.18.200
29.19.010
29.19.020
29.19.030
29.19.045
29.19.055
29.19.070
29.19.080
29.19.900
29.21.010
29.21.015
29.21.070
29.21.410
29.24.010
29.24.020
[2003 RCW Supp—page 290]
29A.20.020
29A.76.020
29A.24.070
29A.24.080
29A.24.040
29A.24.090
29A.24.100
29A.24.110
29A.84.260
29A.24.060
29A.84.320
29A.84.270
29A.24.130
29A.24.120
29A.24.010
29A.24.020
29A.52.010
29A.24.140
29A.24.170
29A.24.180
29A.24.190
29A.24.200
29A.24.150
29A.24.160
29A.24.210
29A.52.110
29A.52.120
29A.28.010
29A.28.020
29A.52.130
29A.56.010
29A.56.020
29A.56.030
29A.56.040
29A.56.050
29A.04.620
29A.56.060
29A.52.210
29A.52.220
29A.52.230
29A.52.240
29A.20.110
29A.20.120
COMPARATIVE TABLE
29.24.025
29.24.030
29.24.035
29.24.040
29.24.045
29.24.055
29.24.060
29.24.070
29.27.020
29.27.030
29.27.050
29.27.057
29.27.061
29.27.065
29.27.0653
29.27.0655
29.27.066
29.27.0665
29.27.067
29.27.072
29.27.074
29.27.076
29.27.080
29.27.090
29.27.100
29.27.110
29.27.120
29.27.140
29.30.005
29.30.010
29.30.020
29.30.025
29.30.040
29.30.060
29.30.081
29.30.085
29.30.086
29.30.095
29.30.101
29.30.111
29.30.130
29.33.020
29.33.041
29.33.051
29.33.061
29.33.081
29.33.130
29A.20.130
29A.20.140
29A.20.150
29A.20.160
29A.20.170
29A.20.180
29A.20.190
29A.20.200
29A.36.010
29A.52.310
29A.52.320
29A.36.020
29A.36.030
29A.36.040
29A.36.050
29A.36.060
29A.36.070
29A.36.080
29A.36.090
29A.52.330
29A.52.340
29A.32.050
29A.52.350
29A.20.010
29A.52.360
29A.52.370
29A.60.130
29A.56.360
29A.36.100
29A.36.110
29A.36.120
29A.36.130
29A.36.140
29A.36.150
29A.36.160
29A.36.170
29A.36.180
29A.36.190
29A.36.200
29A.36.210
29A.36.220
29A.12.010
29A.12.020
29A.12.030
29A.12.040
29A.12.050
29A.12.060
Elections
COMPARATIVE TABLE
29.33.145
29.33.300
29.33.310
29.33.320
29.33.330
29.33.340
29.33.350
29.33.360
29.36.210
29.36.220
29.36.230
29.36.240
29.36.250
29.36.260
29.36.270
29.36.280
29.36.290
29.36.300
29.36.310
29.36.320
29.36.330
29.36.340
29.36.350
29.36.360
29.36.370
29.36.900
29.38.010
29.38.020
29.38.030
29.38.040
29.38.050
29.38.060
29.38.070
29.42.010
29.42.020
29.42.030
29.42.040
29.42.050
29.42.070
29.45.010
29.45.020
29.45.030
29.45.040
29.45.050
29.45.060
29.45.065
29.45.070
29A.12.070
29A.12.080
29A.12.090
29A.12.100
29A.12.110
29A.12.120
29A.12.130
29A.12.140
29A.40.010
29A.40.020
29A.40.030
29A.40.040
29A.40.050
29A.40.060
29A.40.070
29A.40.080
29A.40.090
29A.40.100
29A.40.110
29A.40.120
29A.60.180
29A.40.130
29A.40.140
29A.40.150
29A.84.680
29A.48.010
29A.48.020
29A.48.030
29A.48.040
29A.48.050
29A.48.060
29A.84.030
29A.80.010
29A.80.020
29A.80.030
29A.80.040
29A.80.050
29A.80.060
29A.44.410
29A.44.420
29A.44.430
29A.44.440
29A.44.450
29A.44.460
29A.44.470
29A.44.480
Title 29
COMPARATIVE TABLE
29.45.080
29.45.090
29.45.100
29.45.110
29.45.120
29.48.005
29.48.007
29.48.010
29.48.020
29.48.030
29.48.035
29.48.045
29.48.070
29.48.080
29.48.090
29.48.100
29.51.010
29.51.020
29.51.030
29.51.050
29.51.060
29.51.070
29.51.100
29.51.115
29.51.125
29.51.150
29.51.155
29.51.173
29.51.175
29.51.180
29.51.185
29.51.190
29.51.200
29.51.215
29.51.221
29.51.230
29.51.240
29.51.250
29.54.010
29.54.015
29.54.018
29.54.025
29.54.037
29.54.042
29.54.050
29.54.060
29.54.075
29A.44.490
29A.44.500
29A.44.510
29A.44.520
29A.44.530
29A.16.110
29A.16.120
29A.44.060
29A.44.150
29A.44.110
29A.44.130
29A.44.320
29A.44.160
29A.44.310
29A.44.170
29A.44.180
29A.44.010
29A.84.510
29A.84.520
29A.44.200
29A.44.210
29A.44.230
29A.44.220
29A.44.340
29A.44.020
29A.44.190
29A.44.350
29A.60.100
29A.44.030
29A.44.090
29A.44.040
29A.44.240
29A.84.530
29A.84.670
29A.44.080
29A.44.260
29A.44.270
29A.44.280
29A.44.250
29A.60.170
29A.44.050
29A.60.030
29A.60.040
29A.60.050
29A.60.110
[2003 RCW Supp—page 291]
Title 29
Title 29 RCW: Elections
COMPARATIVE TABLE
29.54.085
29.54.093
29.54.097
29.54.105
29.54.121
29.54.170
29.57.010
29.57.040
29.57.050
29.57.070
29.57.090
29.57.100
29.57.130
29.57.140
29.57.150
29.57.160
29.57.170
29.60.010
29.60.020
29.60.030
29.60.040
29.60.050
29.60.060
29.60.070
29.60.080
29.60.090
29.62.010
29.62.015
29.62.020
29.62.030
29.62.040
29.62.050
29.62.080
29.62.090
29.62.100
29.62.120
29.62.130
29.62.180
29.64.010
29.64.015
29.64.020
29.64.030
29.64.035
29.64.040
29.64.051
29.64.060
29.64.070
[2003 RCW Supp—page 292]
29A.60.120
29A.44.330
29A.60.060
29A.60.070
29A.60.080
29A.60.090
29A.16.010
29A.16.130
29A.16.160
29A.16.140
29A.16.020
29A.16.150
29A.44.140
29A.04.220
29A.16.170
29A.16.030
29A.04.510
29A.04.630
29A.04.530
29A.04.540
29A.04.550
29A.04.560
29A.04.570
29A.04.580
29A.04.590
29A.60.160
29A.60.150
29A.60.200
29A.60.210
29A.60.220
29A.60.230
29A.60.240
29A.60.250
29A.60.260
29A.60.020
29A.64.010
29A.64.020
29A.64.030
29A.64.040
29A.64.050
29A.64.060
29A.64.070
29A.64.080
COMPARATIVE TABLE
29.64.080
29.64.090
29.64.900
29.65.010
29.65.020
29.65.040
29.65.050
29.65.055
29.65.060
29.65.070
29.65.080
29.65.090
29.65.100
29.65.120
29.68.015
29.68.016
29.68.070
29.68.080
29.68.100
29.68.120
29.68.130
29.70.100
29.71.010
29.71.020
29.71.030
29.71.040
29.71.050
29.74.010
29.74.020
29.74.030
29.74.040
29.74.050
29.74.060
29.74.070
29.74.080
29.74.090
29.74.100
29.74.110
29.74.120
29.74.130
29.74.140
29.74.150
29.79.010
29.79.015
29.79.020
29.79.030
29.79.035
29A.64.090
29A.64.100
29A.68.020
29A.68.030
29A.68.040
29A.68.050
29A.68.060
29A.68.070
29A.68.080
29A.68.090
29A.68.100
29A.68.110
29A.68.120
29A.28.030
29A.28.040
29A.28.050
29A.28.060
29A.76.010
29A.56.310
29A.56.320
29A.56.330
29A.56.340
29A.56.350
29A.56.410
29A.56.420
29A.56.430
29A.56.440
29A.56.450
29A.56.460
29A.56.470
29A.56.480
29A.56.490
29A.56.500
29A.56.510
29A.56.520
29A.56.530
29A.56.540
29A.72.010
29A.72.020
29A.72.030
29A.72.040
29A.72.050
Elections
COMPARATIVE TABLE
29.79.040
29.79.050
29.79.060
29.79.070
29.79.080
29.79.090
29.79.100
29.79.110
29.79.115
29.79.120
29.79.140
29.79.150
29.79.160
29.79.170
29.79.180
29.79.190
29.79.200
29.79.210
29.79.230
29.79.250
29.79.270
29.79.280
29.79.290
29.79.300
29.79.440
29.79.480
29.79.490
29.79.500
29.81.210
29.81.220
29.81.230
29.81.240
29.81.250
29.81.260
29.81.270
29.81.280
29.81.290
29.81.300
29.81.310
29.81.320
29.81A.010
29.81A.020
29.81A.030
29.81A.040
29.81A.050
29.81A.060
29.81A.070
29A.72.060
29A.72.070
29A.72.080
29A.72.090
29A.72.100
29A.72.110
29A.72.120
29A.72.130
29A.72.140
29A.72.150
29A.72.160
29A.72.170
29A.72.180
29A.72.190
29A.72.200
29A.72.210
29A.72.230
29A.72.240
29A.72.250
29A.72.260
29A.72.270
29A.72.280
29A.72.290
29A.84.230
29A.84.210
29A.84.250
29A.84.280
29A.32.010
29A.32.030
29A.32.040
29A.32.060
29A.32.070
29A.32.080
29A.32.090
29A.32.100
29A.32.110
29A.32.120
29A.32.210
29A.32.220
29A.32.230
29A.32.240
29A.32.250
29A.32.260
29A.32.270
Title 29
COMPARATIVE TABLE
29.81A.080
29.81A.900
29.81A.901
29.82.010
29.82.015
29.82.021
29.82.023
29.82.025
29.82.030
29.82.040
29.82.060
29.82.080
29.82.090
29.82.100
29.82.105
29.82.110
29.82.120
29.82.130
29.82.140
29.82.160
29.82.170
29.82.210
29.82.220
29.85.010
29.85.020
29.85.040
29.85.051
29.85.060
29.85.070
29.85.090
29.85.100
29.85.110
29.85.170
29.85.210
29.85.220
29.85.225
29.85.230
29.85.240
29.85.245
29.85.249
29.85.260
29.85.275
29.91.010
29.91.020
29.91.030
29.91.040
29.91.050
29A.32.280
29A.56.110
29A.56.120
29A.56.130
29A.56.140
29A.56.150
29A.56.160
29A.56.170
29A.56.180
29A.56.190
29A.56.200
29A.56.210
29A.56.220
29A.56.230
29A.56.240
29A.56.250
29A.56.260
29A.56.270
29A.84.240
29A.84.020
29A.84.220
29A.84.540
29A.84.420
29A.84.410
29A.84.610
29A.84.620
29A.84.630
29A.84.640
29A.84.710
29A.84.550
29A.84.720
29A.84.650
29A.84.655
29A.84.730
29A.84.740
29A.84.660
29A.84.010
29A.84.140
29A.84.560
29A.84.040
29A.88.010
29A.88.020
29A.88.030
29A.88.040
29A.88.050
[2003 RCW Supp—page 293]
Chapter 29.04
Title 29 RCW: Elections
COMPARATIVE TABLE
29.91.060
29.91.900
29.91.901
29.98.010
29.98.020
29.98.030
29.98.050
Chapter 29.04
29A.88.060
29A.04.900
29A.04.901
29A.04.902
Chapter 29.04 RCW
GENERAL PROVISIONS
Sections
29.04.075
29.04.260
Visits to elections offices, facilities.
Election account.
29.04.075
29.04.075 Visits to elections offices, facilities. The
secretary of state, or any staff of the elections division of the
office of secretary of state, may make unannounced on-site
visits to county election offices and facilities to observe the
handling, processing, counting, or tabulation of ballots.
[2003 c 109 § 1.]
29.04.260
29.04.260 Election account. (1) The election account is
created in the state treasury.
(2) The following receipts must be deposited into the
account:
Amounts received from the federal government under Public
Law 107-252 (October 29, 2002), known as the "Help America Vote Act of 2002," including any amounts received under
subsequent amendments to the act;
amounts appropriated or otherwise made available by the
state legislature for the purposes of carrying out activities for
which federal funds are provided to the state under Public
Law 107-252, including any amounts received under subsequent amendments to the act;
and such other amounts as may be appropriated by the legislature to the account.
(3) Moneys in the account may be spent only after appropriation. Expenditures from the account may be made only to
facilitate the implementation of Public Law 107-252. [2003
c 48 § 1.]
Effective date—2003 c 48: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 17, 2003]." [2003 c 48 § 3.]
Chapter 29.33
Chapter 29.33 RCW
VOTING SYSTEMS
(Formerly: Voting machines)
Sections
29.33.305
Disabled voter accessibility.
29.33.305
29.33.305 Disabled voter accessibility. (1) The secretary of state shall adopt rules and establish standards for voting technology and systems used by the state or any political
subdivision to be accessible for individuals with disabilities,
including nonvisual accessibility for the blind and visually
[2003 RCW Supp—page 294]
impaired, in a manner that provides the same opportunity for
access and participation, including privacy and independence, as other voters.
(2) At each polling location, at least one voting unit certified by the secretary of state shall provide access to individuals who are blind or visually impaired.
(3) Compliance with this provision in regard to voting
technology and systems purchased prior to July 27, 2003,
shall be achieved at the time of procurement of an upgrade of
technology compatible with nonvisual voting methods or
replacement of existing voting equipment or systems.
(4) Compliance with subsections (2) and (3) of this section is contingent on available funds to implement this provision.
(5) For purposes of this section, the following definitions
apply:
(a) "Accessible" includes receiving, using, selecting, and
manipulating voter data and controls.
(b) "Nonvisual" includes synthesized speech, Braille,
and other output methods.
(c) "Blind and visually impaired" excludes persons who
are both deaf and blind.
(6) This section does not apply to voting by absentee ballot. [2003 c 110 § 1.]
Chapter 29.36
Chapter 29.36 RCW
ABSENTEE VOTING
Sections
29.36.270
29.36.270
Date ballots available, mailed. (Effective until July 1, 2004.)
29.36.270 Date ballots available, mailed. (Effective
until July 1, 2004.) (1) Except where a recount or litigation
under RCW 29.04.030 is pending, the county auditor shall
have sufficient absentee ballots available for absentee voters
of that county at least twenty days before any primary, general election, or special election. The county auditor must
mail absentee ballots to each voter for whom the county auditor has received a request nineteen days before the primary or
election at least eighteen days before the primary or election.
For a request for an absentee ballot received after the nineteenth day before the primary or election, the county auditor
shall make every effort to mail ballots within one business
day, and shall mail the ballots within two business days.
(2) The county auditor shall make every effort to mail
ballots to overseas and service voters earlier than eighteen
days before a primary or election.
(3) Each county auditor shall certify to the office of the
secretary of state the dates the ballots prescribed in subsection (1) of this section were available and mailed.
(4) If absentee ballots will not be available or mailed as
prescribed in subsection (1) of this section, the county auditor
shall immediately certify to the office of the secretary of state
when absentee ballots will be available and mailed. Copies
of this certification must be provided to the county canvassing board, the press, jurisdictions with issues on the ballot in
the election, and any candidates.
(5) If absentee ballots were not available or mailed as
prescribed in subsection (1) of this section, for a reason other
than a recount or litigation, the county auditor, in consultation with the certification and training program of the office
Election by Mail
of the secretary of state, shall submit a report to the office of
the secretary of state outlining why the deadline was missed
and what corrective actions will be taken in future elections
to ensure that absentee ballots are available and mailed as
prescribed in subsection (1) of this section.
(6) Failure to have absentee ballots available and mailed
as prescribed in subsection (1) of this section does not by
itself provide a basis for an election contest or other legal
challenge to the results of a primary, general election, or special election. [2003 c 162 § 2; 1987 c 54 § 1; 1977 ex.s. c 361
§ 56; 1965 ex.s. c 103 § 5; 1965 c 9 § 29.30.075. Prior: 1949
c 161 § 10, part; 1947 c 234 § 2, part; 1935 c 26 § 1, part;
1921 c 178 § 4, part; 1907 c 209 § 8, part; Rem. Supp. 1949
§ 5185, part. Formerly RCW 29.30.075.]
Policy—2003 c 162: "It is the policy of the state of Washington that
individuals voting absentee and mail ballots receive their ballots in a timely
and consistent manner before each election. Since many voters in Washington state have come to rely upon absentee and mail voting, mailing the ballots in a timely manner is critical in order to maximize participation by every
eligible voter." [2003 c 162 § 1.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
Chapter 29.38
Chapter 29.38 RCW
ELECTION BY MAIL
Sections
29.38.010
29.38.020
Mail ballot precincts. (Effective until July 1, 2004.)
Special elections. (Effective until July 1, 2004.)
29.81.310
1; 1974 ex.s. c 35 § 2; 1967 ex.s. c 109 § 6. Formerly RCW
29.36.120.]
Policy—2003 c 162: See note following RCW 29.36.270.
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29.38.020
29.38.020 Special elections. (Effective until July 1,
2004.) At any nonpartisan special election not being held in
conjunction with a state primary or general election, the
county, city, town, or district requesting the election pursuant
to RCW 29.13.010 or 29.13.020 may also request that the
special election be conducted by mail ballot. The county
auditor may honor the request or may determine that the election is not to be conducted by mail ballot. The decision of the
county auditor in this regard is final.
For all special elections not being held in conjunction
with a state primary or state general election where voting is
conducted by mail ballot, the county auditor shall, not less
than eighteen days before the date of such election, mail to
each registered voter a mail ballot. The auditor shall handle
inactive voters in the same manner as inactive voters in mail
ballot precincts. The requirements regarding certification,
reporting, and the mailing of overseas and military ballots in
RCW 29.36.270 apply to mail ballot elections. [2003 c 162 §
4; 2001 c 241 § 16; 1994 c 57 § 49; 1993 c 417 § 2. Formerly
RCW 29.36.121.]
Policy—2003 c 162: See note following RCW 29.36.270.
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29.38.010
29.38.010 Mail ballot precincts. (Effective until July
1, 2004.) The county auditor may designate any precinct
having fewer than two hundred active registered voters at the
time of closing of voter registration as provided in RCW
29.07.160 as a mail ballot precinct. The county auditor shall
notify each registered voter by mail that for all future primaries and elections the voting in his or her precinct will be by
mail ballot only. In determining the number of registered
voters in a precinct for the purposes of this section, persons
who are ongoing absentee voters under RCW 29.36.240 shall
not be counted. Nothing in this section may be construed as
altering the vote tallying requirements of RCW 29.62.090.
The auditor shall mail each active voter a ballot at least
eighteen days before a primary, general election, or special
election. The auditor shall send each inactive voter either a
ballot or an application to receive a ballot at least eighteen
days before a primary, general election, or special election.
The auditor shall determine which of the two is to be sent. If
the inactive voter returns a voted ballot, the ballot shall be
counted and the voter's status restored to active. If the inactive voter completes and returns an application, a ballot shall
be sent and the voter's status restored to active. The requirements regarding certification, reporting, and the mailing of
overseas and military ballots in RCW 29.36.270 apply to
mail ballot precincts.
If the precinct exceeds two hundred registered voters, or
the auditor determines to return to a polling place election
environment, the auditor shall notify each registered voter, by
mail, of this and shall provide the address of the polling place
to be used. [2003 c 162 § 3; 2001 c 241 § 15. Prior: 1994 c
269 § 1; 1994 c 57 § 48; 1993 c 417 § 1; 1983 1st ex.s. c 71 §
Chapter 29.51 RCW
POLLING PLACE REGULATIONS DURING
VOTING HOURS
Chapter 29.51
Sections
29.51.215
Handicapped voters—Penalty. (Effective July 1, 2004.)
29.51.215
29.51.215 Handicapped voters—Penalty. (Effective
July 1, 2004.)
Reviser's note: RCW 29.51.215 was amended by 2003 c 111 § 2135
without reference to its repeal by 2003 c 53 § 421. It has been decodified,
effective July 1, 2004, for publication purposes under RCW 1.12.025.
Chapter 29.81
Chapter 29.81 RCW
VOTERS' PAMPHLET
Sections
29.81.310
Candidates' statements—Length. (Effective until July 1,
2004.)
29.81.310
29.81.310 Candidates' statements—Length. (Effective until July 1, 2004.) (1) The maximum number of words
for statements submitted by candidates is as follows: State
representative, one hundred words; state senator, judge of the
superior court, judge of the court of appeals, justice of the
supreme court, and all state offices voted upon throughout the
state, except that of governor, two hundred words; president
and vice-president, United States senator, United States representative, and governor, three hundred words.
(2) Arguments written by committees under RCW
29.81.240 may not exceed two hundred fifty words in length.
[2003 RCW Supp—page 295]
Title 29A
Title 29A RCW: Elections
(3) Rebuttal arguments written by committees may not
exceed seventy-five words in length.
(4) The secretary of state shall allocate space in the pamphlet based on the number of candidates or nominees for each
office. [2003 c 254 § 6; 1999 c 260 § 11.]
29A.04.181
Voting system, device, tallying system. (Effective July 1,
2004.)
29A.04.205
29A.04.210
29A.04.215
Title 29A
29A.04.220
ELECTIONS
29A.04.225
29A.04.230
State policy. (Effective July 1, 2004.)
Registration required—Exception. (Effective July 1, 2004.)
County auditor—Duties—Exceptions. (Effective July 1,
2004.)
County auditor—Public notice of availability of services.
(Effective July 1, 2004.)
Public disclosure reports. (Effective July 1, 2004.)
Secretary of state as chief election officer. (Effective July 1,
2004.)
Election laws for county auditors. (Effective July 1, 2004.)
Information in foreign languages. (Effective July 1, 2004.)
Voter guide. (Effective July 1, 2004.)
Toll-free media and web page. (Effective July 1, 2004.)
Electronic facsimile documents—Acceptance of. (Effective
July 1, 2004.)
Title 29A
Chapters
29A.04
29A.08
29A.12
29A.16
29A.20
29A.24
29A.28
29A.32
29A.36
29A.40
29A.44
29A.48
29A.52
29A.56
29A.60
29A.64
29A.68
29A.72
29A.76
29A.80
29A.84
29A.88
Chapter 29A.04
General provisions.
Voters and registration.
Voting systems.
Precinct and polling place determination and
accessibility.
Qualifications, terms, and requirements for
elective offices.
Filing for office.
Vacancies.
Voters' pamphlets.
Ballots and other voting forms.
Absentee voting.
Polling place elections and poll workers.
Vote by mail ballots.
Primaries and elections.
Special circumstances elections.
Canvassing.
Recounts.
Contesting an election.
State initiative and referendum.
Redistricting.
Political parties.
Crimes and penalties.
Nuclear waste site—Election for disapproval.
Chapter 29A.04 RCW
GENERAL PROVISIONS
Sections
DEFINITIONS
29A.04.001
29A.04.007
29A.04.013
29A.04.019
29A.04.025
29A.04.031
29A.04.037
29A.04.043
29A.04.049
29A.04.055
29A.04.061
29A.04.067
29A.04.073
29A.04.079
29A.04.085
29A.04.091
29A.04.097
29A.04.103
29A.04.109
29A.04.115
29A.04.121
29A.04.127
29A.04.133
29A.04.139
29A.04.145
29A.04.151
29A.04.157
29A.04.163
29A.04.169
29A.04.175
Scope of definitions. (Effective July 1, 2004.)
Ballot and related terms. (Effective July 1, 2004.)
Canvassing. (Effective July 1, 2004.)
Counting center. (Effective July 1, 2004.)
County auditor. (Effective July 1, 2004.)
Date of mailing. (Effective July 1, 2004.)
Disabled voter. (Effective July 1, 2004.)
Election. (Effective July 1, 2004.)
Election board. (Effective July 1, 2004.)
Election officer. (Effective July 1, 2004.)
Elector. (Effective July 1, 2004.)
Filing officer. (Effective July 1, 2004.)
General election. (Effective July 1, 2004.)
Infamous crime. (Effective July 1, 2004.)
Major political party. (Effective July 1, 2004.)
Measures. (Effective July 1, 2004.)
Minor political party. (Effective July 1, 2004.)
Out-of-state voter. (Effective July 1, 2004.)
Overseas voter. (Effective July 1, 2004.)
Poll-site ballot counting devices. (Effective July 1, 2004.)
Precinct. (Effective July 1, 2004.)
Primary. (Effective July 1, 2004.)
Qualified. (Effective July 1, 2004.)
Recount. (Effective July 1, 2004.)
Registered voter. (Effective July 1, 2004.)
Residence. (Effective July 1, 2004.)
September primary. (Effective July 1, 2004.)
Service voter. (Effective July 1, 2004.)
Short term. (Effective July 1, 2004.)
Special election. (Effective July 1, 2004.)
[2003 RCW Supp—page 296]
GENERAL PROVISIONS
29A.04.235
29A.04.240
29A.04.245
29A.04.250
29A.04.255
TIMES FOR HOLDING ELECTIONS
29A.04.310
29A.04.320
29A.04.330
Primaries. (Effective July 1, 2004.)
State and local general elections—Statewide general election—Exceptions—Special county elections. (Effective
July 1, 2004.)
City, town, and district general and special elections—
Exceptions. (Effective July 1, 2004.)
ELECTION COSTS
29A.04.410
29A.04.420
29A.04.430
Costs borne by constituencies. (Effective July 1, 2004.)
State share. (Effective July 1, 2004.)
Interest on reimbursement. (Effective July 1, 2004.)
ADMINISTRATION
29A.04.510
29A.04.520
29A.04.530
29A.04.540
29A.04.550
29A.04.560
29A.04.570
29A.04.580
29A.04.590
Election administration and certification board—Generally.
(Effective July 1, 2004.)
Appeals. (Effective July 1, 2004.)
Duties of secretary of state. (Effective July 1, 2004.)
Training of administrators. (Effective July 1, 2004.)
Denial of certification—Review and appeal. (Effective July
1, 2004.)
Election review section. (Effective July 1, 2004.)
Review of county election procedures. (Effective July 1,
2004.)
County auditor and review staff. (Effective July 1, 2004.)
Election assistance and clearinghouse program. (Effective
July 1, 2004.)
RULE-MAKING AUTHORITY
29A.04.610
29A.04.620
29A.04.630
Rules by secretary of state. (Effective July 1, 2004.)
Rules. (Effective July 1, 2004.)
Joint powers and duties with board. (Effective July 1,
2004.)
CONSTRUCTION
29A.04.900
29A.04.901
29A.04.902
29A.04.903
Continuation of existing law. (Effective July 1, 2004.)
Headings and captions not part of law. (Effective July 1,
2004.)
Invalidity of part not to affect remainder. (Effective July 1,
2004.)
Effective date—2003 c 111.
DEFINITIONS
29A.04.001
29A.04.001 Scope of definitions. (Effective July 1,
2004.) Words and phrases as defined in this chapter, wherever used in Title 29A RCW, shall have the meaning as in
this chapter ascribed to them, unless where used the context
thereof shall clearly indicate to the contrary or unless otherwise defined in the chapter of which they are a part. [2003 c
111 § 101. Prior: 1965 c 9 § 29.01.005. For like prior law
see 1907 c 209 § 1, part; RRS § 5177, part. Formerly RCW
29.01.005.]
29A.04.007
29A.04.007 Ballot and related terms. (Effective July
1, 2004.) As used in this title:
General Provisions
29A.04.055
29A.04.019
(1) "Ballot" means, as the context implies, either:
(a) The issues and offices to be voted upon in a jurisdiction or portion of a jurisdiction at a particular primary, general election, or special election;
(b) A facsimile of the contents of a particular ballot
whether printed on a paper ballot or ballot card or as part of a
voting machine or voting device;
(c) A physical or electronic record of the choices of an
individual voter in a particular primary, general election, or
special election; or
(d) The physical document on which the voter's choices
are to be recorded;
(2) "Paper ballot" means a piece of paper on which the
ballot for a particular election or primary has been printed, on
which a voter may record his or her choices for any candidate
or for or against any measure, and that is to be tabulated manually;
(3) "Ballot card" means any type of card or piece of
paper of any size on which a voter may record his or her
choices for any candidate and for or against any measure and
that is to be tabulated on a vote tallying system;
(4) "Sample ballot" means a printed facsimile of all the
issues and offices on the ballot in a jurisdiction and is
intended to give voters notice of the issues, offices, and candidates that are to be voted on at a particular primary, general
election, or special election;
(5) "Provisional ballot" means a ballot issued to a voter
at the polling place on election day by the precinct election
board, for one of the following reasons:
(a) The voter's name does not appear in the poll book;
(b) There is an indication in the poll book that the voter
has requested an absentee ballot, but the voter wishes to vote
at the polling place;
(c) There is a question on the part of the voter concerning
the issues or candidates on which the voter is qualified to
vote. [2003 c 111 § 102; 1994 c 57 § 2; 1990 c 59 § 2; 1977
ex.s. c 361 § 1. Formerly RCW 29.01.006.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Intent—1990 c 59: "By this act the legislature intends to unify and simplify the laws and procedures governing filing for elective office, ballot layout, ballot format, voting equipment, and canvassing." [1990 c 59 § 1.]
Effective date—1990 c 59: "Sections 1 through 6, 8 through 96, and 98
through 112 of this act shall take effect July 1, 1992." [1990 c 59 § 113.]
Effective date—1977 ex.s. c 361: "This 1977 amendatory act shall take
effect January 1, 1978." [1977 ex.s. c 361 § 113.]
Severability—1977 ex.s. c 361: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 361 § 112.]
29A.04.019 Counting center. (Effective July 1, 2004.)
"Counting center" means the facility or facilities designated
by the county auditor to count and canvass mail ballots,
absentee ballots, and polling place ballots that are transferred
to a central site to be counted, rather than being counted by a
poll-site ballot counting device, on the day of a primary or
election. [2003 c 111 § 104. Prior: 1999 c 158 § 1; 1990 c
59 § 4. Formerly RCW 29.01.042.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.04.025
29A.04.025 County auditor. (Effective July 1, 2004.)
"County auditor" means the county auditor in a noncharter
county or the officer, irrespective of title, having the overall
responsibility to maintain voter registration and to conduct
state and local elections in a charter county. [2003 c 111 §
105; 1984 c 106 § 1. Formerly RCW 29.01.043.]
29A.04.031
29A.04.031 Date of mailing. (Effective July 1, 2004.)
For registered voters voting by absentee or mail ballot, "date
of mailing" means the date of the postal cancellation on the
envelope in which the ballot is returned to the election official by whom it was issued. For all nonregistered absentee
voters, "date of mailing" means the date stated by the voter on
the envelope in which the ballot is returned to the election
official by whom it was issued. [2003 c 111 § 106; 1987 c
346 § 3. Formerly RCW 29.01.045.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.04.037
29A.04.037 Disabled voter. (Effective July 1, 2004.)
"Disabled voter" means any registered voter who qualifies
for special parking privileges under RCW 46.16.381, or who
is defined as blind under RCW 74.18.020, or who qualifies to
require assistance with voting under RCW 29A.44.240.
[2003 c 111 § 107. Prior: 1987 c 346 § 4. Formerly RCW
29.01.047.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.04.043
29A.04.043 Election. (Effective July 1, 2004.) "Election" when used alone means a general election except where
the context indicates that a special election is included.
"Election" when used without qualification does not include
a primary. [2003 c 111 § 108. Prior: 1990 c 59 § 5; 1965 c
9 § 29.01.050; prior: 1907 c 209 § 1, part; RRS § 5177(c).
See also 1950 ex.s. c 14 § 3. Formerly RCW 29.01.050.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.04.049
29A.04.013
29A.04.013 Canvassing. (Effective July 1, 2004.)
"Canvassing" means the process of examining ballots or
groups of ballots, subtotals, and cumulative totals in order to
determine the official returns of a primary or general election
and includes the tabulation of any votes that were not tabulated at the precinct or in a counting center on the day of the
primary or election. [2003 c 111 § 103; 1990 c 59 § 3. Formerly RCW 29.01.008.]
29A.04.049 Election board. (Effective July 1, 2004.)
"Election board" means a group of election officers serving
one precinct or a group of precincts in a polling place. [2003
c 111 § 109; 1986 c 167 § 1. Formerly RCW 29.01.055.]
Severability—1986 c 167: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1986 c 167 § 26.]
29A.04.055
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.04.055 Election officer. (Effective July 1, 2004.)
"Election officer" includes any officer who has a duty to per[2003 RCW Supp—page 297]
29A.04.061
Title 29A RCW: Elections
29A.04.097
form relating to elections under the provisions of any statute,
charter, or ordinance. [2003 c 111 § 110. Prior: 1965 c 9 §
29.01.060. Formerly RCW 29.01.060.]
29A.04.061
29A.04.061 Elector. (Effective July 1, 2004.) "Elector" means any person who possesses all of the qualifications
to vote under Article VI of the state Constitution. [2003 c
111 § 111. Prior: 1987 c 346 § 2. Formerly RCW
29.01.065.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.04.067
29A.04.067 Filing officer. (Effective July 1, 2004.)
"Filing officer" means the county or state officer with whom
declarations of candidacy for an office are required to be filed
under this title. [2003 c 111 § 112. Prior: 1990 c 59 § 77.
Formerly RCW 29.01.068.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.04.073
29A.04.073 General election. (Effective July 1, 2004.)
"General election" means an election required to be held on a
fixed date recurring at regular intervals. [2003 c 111 § 113.
Prior: 1965 c 9 § 29.01.070. Formerly RCW 29.01.070.]
29A.04.097 Minor political party. (Effective July 1,
2004.) "Minor political party" means a political organization
other than a major political party. [2003 c 111 § 116. Prior:
1965 c 9 § 29.01.100; prior: 1955 c 102 § 8; prior: 1907 c
209 § 26, part; RRS § 5203, part. Formerly RCW 29.01.100.]
Minor party convention: RCW 29A.20.110 through 29A.20.200.
Political parties: Chapter 29A.80 RCW.
29A.04.103
29A.04.103 Out-of-state voter. (Effective July 1,
2004.) "Out-of-state voter" means any elector of the state of
Washington outside the state but not outside the territorial
limits of the United States or the District of Columbia. [2003
c 111 § 118. Prior: 1987 c 346 § 5. Formerly RCW
29.01.113.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.04.109
29A.04.109 Overseas voter. (Effective July 1, 2004.)
"Overseas voter" means any elector of the state of Washington outside the territorial limits of the United States or the
District of Columbia. [2003 c 111 § 119. Prior: 1987 c 346
§ 6. Formerly RCW 29.01.117.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.04.115
29A.04.079
29A.04.079 Infamous crime. (Effective July 1, 2004.)
An "infamous crime" is a crime punishable by death in the
state penitentiary or imprisonment in a state correctional
facility. [2003 c 111 § 114. Prior: 1992 c 7 § 31; 1965 c 9 §
29.01.080; prior: Code 1881 § 3054; 1865 p 25 § 5; RRS §
5113. Formerly RCW 29.01.080.]
Contests, conviction of felony without reversal or restoration of civil rights
as grounds for: RCW 29A.68.020.
Denial of civil rights for conviction of infamous crime: State Constitution
Art. 6 § 3.
29A.04.085
29A.04.085 Major political party. (Effective July 1,
2004.) "Major political party" means a political party of
which at least one nominee for president, vice president,
United States senator, or a statewide office received at least
five percent of the total vote cast at the last preceding state
general election in an even-numbered year. A political party
qualifying as a major political party under this section retains
such status until the next even-year election at which a candidate of that party does not achieve at least five percent of the
vote for one of the previously specified offices. If none of
these offices appear on the ballot in an even-year general
election, the major party retains its status as a major party
through that election. [2003 c 111 § 115; 1977 ex.s. c 329 §
9; 1965 c 9 § 29.01.090. Prior: 1907 c 209 § 6, part; RRS §
5183, part. Formerly RCW 29.01.090.]
Partisan primaries, application of chapter: RCW 29A.52.110.
Political parties: Chapter 29A.80 RCW.
29A.04.091
29A.04.091 Measures. (Effective July 1, 2004.) "Measure" includes any proposition or question submitted to the
voters. [2003 c 111 § 117; 1965 c 9 § 29.01.110. Formerly
RCW 29.01.110.]
[2003 RCW Supp—page 298]
29A.04.115 Poll-site ballot counting devices. (Effective July 1, 2004.) "Poll-site ballot counting device" means a
device programmed to accept voted ballots at a polling place
for the purpose of tallying and storing the ballots on election
day. [2003 c 111 § 120. Prior: 1999 c 158 § 2. Formerly
RCW 29.01.119.]
29A.04.121
29A.04.121 Precinct. (Effective July 1, 2004.) "Precinct" means a geographical subdivision for voting purposes
that is established by a county legislative authority. [2003 c
111 § 121; 1965 c 9 § 29.01.120. Prior: 1933 c 1 § 2; RRS §
5114-2; prior: 1915 c 16 § 1; RRS § 5114. Formerly RCW
29.01.120.]
29A.04.127
29A.04.127 Primary. (Effective July 1, 2004.) "Primary" or "primary election" means a statutory procedure for
nominating candidates to public office at the polls. [2003 c
111 § 122. Prior: 1965 c 9 § 29.01.130; prior: 1907 c 209 §
1, part; RRS § 5177(a). See also 1950 ex.s. c 14 § 2. Formerly RCW 29.01.130.]
Nonpartisan primaries: RCW 29A.52.210 through 29A.52.240.
Partisan primaries: RCW 29A.28.010, 29A.28.020, 29A.52.110 through
29A.52.130.
Presidential primary: RCW 29A.56.010 through 29A.56.060.
Times for holding primaries: RCW 29A.04.310.
29A.04.133
29A.04.133 Qualified. (Effective July 1, 2004.)
"Qualified" when pertaining to a winner of an election means
that for such election:
(1) The results have been certified;
(2) A certificate has been issued;
(3) Any required bond has been posted; and
(4) The winner has taken and subscribed an oath or affirmation in compliance with the appropriate statute, or if none
is specified, that he or she will faithfully and impartially dis-
General Provisions
charge the duties of the office to the best of his or her ability.
This oath or affirmation shall be administered and certified
by any officer or notary public authorized to administer
oaths, without charge therefor. [2003 c 111 § 123. Prior:
1979 ex.s. c 126 § 2. Formerly RCW 29.01.135.]
Purpose—1979 ex.s. c 126: RCW 29A.20.040(1).
29A.04.139
29A.04.139 Recount. (Effective July 1, 2004.)
"Recount" means the process of retabulating ballots and producing amended election returns based on that retabulation,
even if the vote totals have not changed. [2003 c 111 § 124.
Prior: 2001 c 225 § 1. Formerly RCW 29.01.136.]
29A.04.145
29A.04.145 Registered voter. (Effective July 1, 2004.)
"Registered voter" means any elector who has completed the
statutory registration procedures established by this title. The
terms "registered voter" and "qualified elector" are synonymous. [2003 c 111 § 125; 1987 c 346 § 7. Formerly RCW
29.01.137.]
29A.04.205
111 § 127. Prior: 1991 c 23 § 13; 1987 c 346 § 8. Formerly
RCW 29.01.155.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.04.169
29A.04.169 Short term. (Effective July 1, 2004.)
"Short term" means the brief period of time starting upon the
completion of the certification of election returns and ending
with the start of the full term and is applicable only when the
office concerned is being held by an appointee to fill a
vacancy. The vacancy must have occurred after the last election at which such office could have been voted upon for an
unexpired term. Short term elections are always held in conjunction with elections for the full term for the office. [2003
c 111 § 130; 1975-'76 2nd ex.s. c 120 § 14. Formerly RCW
29.01.180.]
Severability—1975-'76 2nd ex.s. c 120: See note following RCW
29A.52.210.
29A.04.175
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.04.151
29A.04.151 Residence. (Effective July 1, 2004.) "Residence" for the purpose of registering and voting means a person's permanent address where he or she physically resides
and maintains his or her abode. However, no person gains
residence by reason of his or her presence or loses his or her
residence by reason of his or her absence:
(1) While employed in the civil or military service of the
state or of the United States;
(2) While engaged in the navigation of the waters of this
state or the United States or the high seas;
(3) While a student at any institution of learning;
(4) While confined in any public prison.
Absence from the state on business shall not affect the
question of residence of any person unless the right to vote
has been claimed or exercised elsewhere. [2003 c 111 § 126;
1971 ex.s. c 178 § 1; 1965 c 9 § 29.01.140. Prior: 1955 c 181
§ 1; prior: (i) Code 1881 § 3051; 1865 p 25 § 2; RRS § 5110.
(ii) Code 1881 § 3053; 1866 p 8 § 11; 1865 p 25 § 4; RRS §
5111. Formerly RCW 29.01.140.]
Residence, contingencies affecting: State Constitution Art. 6 § 4.
29A.04.157
29A.04.157 September primary. (Effective July 1,
2004.) "September primary" means the primary election held
in September to nominate candidates to be voted for at the
ensuing election. [2003 c 111 § 128. Prior: 1965 c 9 §
29.01.160; prior: 1907 c 209 § 1, part; RRS § 5177(b). Formerly RCW 29.01.160.]
29A.04.175 Special election. (Effective July 1, 2004.)
"Special election" means any election that is not a general
election and may be held in conjunction with a general election or primary. [2003 c 111 § 129; 1965 c 9 § 29.01.170.
Prior: Code 1881 § 3056; 1865 p 27 § 2; RRS § 5155. Formerly RCW 29.01.170.]
29A.04.181
29A.04.181 Voting system, device, tallying system.
(Effective July 1, 2004.) (1) "Voting system" means a voting
device, vote tallying system, or combination of these together
with ballots and other supplies or equipment used to conduct
a primary or election or to canvass the votes cast in a primary
or election;
(2) "Voting device" means a piece of equipment used for
the purpose of or to facilitate the marking of a ballot to be tabulated by a vote tallying system or a piece of mechanical or
electronic equipment used to directly record votes and to
accumulate results for a number of issues or offices from a
series of voters; and
(3) "Vote tallying system" means a piece of mechanical
or electronic equipment and associated data processing software used to tabulate votes cast on ballot cards or otherwise
recorded on a voting device or to prepare that system to tabulate ballot cards or count votes. [2003 c 111 § 131. Prior:
1990 c 59 § 6. Formerly RCW 29.01.200.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
GENERAL PROVISIONS
29A.04.205
29A.04.163
29A.04.163 Service voter. (Effective July 1, 2004.)
"Service voter" means any elector of the state of Washington
who is a member of the armed forces under 42 U.S.C. Sec.
1973 ff-6 while in active service, is a student or member of
the faculty at a United States military academy, is a member
of the merchant marine of the United States, is a program participant as defined in RCW 40.24.020, or is a member of a
religious group or welfare agency officially attached to and
serving with the armed forces of the United States. [2003 c
29A.04.205 State policy. (Effective July 1, 2004.) It is
the policy of the state of Washington to encourage every eligible person to register to vote and to participate fully in all
elections, and to protect the integrity of the electoral process
by providing equal access to the process while guarding
against discrimination and fraud. The election registration
laws and the voting laws of the state of Washington must be
administered without discrimination based upon race, creed,
color, national origin, sex, or political affiliation. [2003 c 111
§ 132; 2001 c 41 § 1. Formerly RCW 29.04.001.]
[2003 RCW Supp—page 299]
29A.04.210
Title 29A RCW: Elections
29A.04.210
29A.04.210 Registration required—Exception.
(Effective July 1, 2004.) Only a registered voter shall be permitted to vote:
(1) At any election held for the purpose of electing persons to public office;
(2) At any recall election of a public officer;
(3) At any election held for the submission of a measure
to any voting constituency;
(4) At any primary election.
This section does not apply to elections where being registered to vote is not a prerequisite to voting. [2003 c 111 §
133; 1965 c 9 § 29.04.010. Prior: 1955 c 181 § 8; prior: (i)
1933 c 1 § 22, part; RRS § 5114-22, part. (ii) 1933 c 1 § 23;
RRS § 5114-23. See also 1935 c 26 § 3; RRS § 5189. Formerly RCW 29.04.010.]
Out-of-state, overseas, service voters, same ballots as registered voters:
RCW 29A.40.010.
Subversive activities, disqualification from voting: RCW 9.81.040.
29A.04.215
29A.04.215 County auditor—Duties—Exceptions.
(Effective July 1, 2004.) The county auditor of each county
shall be ex officio the supervisor of all primaries and elections, general or special, and it shall be the county auditor's
duty to provide places for holding such primaries and elections; to appoint the precinct election officers and to provide
for their compensation; to provide the supplies and materials
necessary for the conduct of elections to the precinct election
officers; and to publish and post notices of calling such primaries and elections in the manner provided by law. The
notice of a general election held in an even-numbered year
must indicate that the office of precinct committee officer
will be on the ballot. The auditor shall also apportion to each
city, town, or district, and to the state of Washington in the
odd-numbered year, its share of the expense of such primaries and elections. This section does not apply to general or
special elections for any city, town, or district that is not subject to RCW 29A.04.320 and 29A.04.330, but all such elections must be held and conducted at the time, in the manner,
and by the officials (with such notice, requirements for filing
for office, and certifications by local officers) as provided
and required by the laws governing such elections. [2003 c
111 § 134; 1987 c 295 § 1; 1977 ex.s. c 361 § 2; 1971 ex.s. c
202 § 1; 1965 c 123 § 1; 1965 c 9 § 29.04.020. Prior: 1947 c
182 § 1, part; Rem. Supp. 1947 § 5166-10, part; prior: 1945
c 194 § 3, part; 1941 c 180 § 1, part; 1935 c 5 § 1, part; 1933
ex.s. c 29 § 1, part; prior: 1933 c 79 § 1, part; 1927 c 279 § 2,
part; 1923 c 53 § 3, part; 1921 c 61 § 5, part; Rem. Supp. 1945
§ 5147, part. Formerly RCW 29.04.020.]
[2003 c 111 § 135; 1999 c 298 § 18; 1985 c 205 § 10. Formerly RCW 29.57.140.]
Effective dates—1985 c 205: See note following RCW 29A.16.140.
29A.04.225
29A.04.225 Public disclosure reports. (Effective July
1, 2004.) Each county auditor or county elections official
shall ensure that reports filed pursuant to chapter 42.17 RCW
are arranged, handled, indexed, and disclosed in a manner
consistent with the rules of the public disclosure commission
adopted under RCW 42.17.375. [2003 c 111 § 136. Prior:
1983 c 294 § 2. Formerly RCW 29.04.025.]
29A.04.230
29A.04.230 Secretary of state as chief election officer.
(Effective July 1, 2004.) The secretary of state through the
election division shall be the chief election officer for all federal, state, county, city, town, and district elections that are
subject to this title. The secretary of state shall keep records
of elections held for which he or she is required by law to
canvass the results, make such records available to the public
upon request, and coordinate those state election activities
required by federal law. [2003 c 111 § 137; 1994 c 57 § 4;
1965 c 9 § 29.04.070. Prior: 1963 c 200 § 23; 1949 c 161 §
12; Rem. Supp. 1949 § 5147-2. Formerly RCW 29.04.070.]
Severability—1994 c 57: See note following RCW 10.64.021.
29A.04.235
29A.04.235 Election laws for county auditors.
(Effective July 1, 2004.) The secretary of state shall ensure
that each county auditor is provided with the most recent version of the election laws of the state, as contained in this title.
Where amendments have been enacted after the last compilation of the election laws, he or she shall ensure that each
county auditor receives a copy of those amendments before
the next primary or election. The county auditor shall ensure
that any statutory information necessary for the precinct election officers to perform their duties is supplied to them in a
timely manner. [2003 c 111 § 138; 1965 c 9 § 29.04.060.
Prior: (i) 1907 c 209 § 16; RRS § 5193. (ii) 1889 p 413 § 34;
RRS § 5299. Formerly RCW 29.04.060.]
29A.04.240
29A.04.240 Information in foreign languages.
(Effective July 1, 2004.) In order to encourage the broadest
possible voting participation by all eligible citizens, the secretary of state shall produce voter registration information in
the foreign languages required of state agencies. [2003 c 111
§ 139; 2001 c 41 § 3. Formerly RCW 29.04.085.]
29A.04.245
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
Conduct of elections—Canvass: RCW 29A.60.010.
General election laws govern primary: RCW 29A.52.120.
Oaths of officers, county auditor to provide forms for: RCW 29A.44.490.
29A.04.220
29A.04.220 County auditor—Public notice of availability of services. (Effective July 1, 2004.) The county
auditor shall provide public notice of the availability of registration and voting aids, assistance to elderly and disabled persons, and procedures for voting by absentee ballot calculated
to reach elderly and disabled persons not later than public
notice of the closing of registration for a primary or election.
[2003 RCW Supp—page 300]
29A.04.245 Voter guide. (Effective July 1, 2004.) The
secretary of state shall cause to be produced a "voter guide"
detailing what constitutes voter fraud and discrimination
under state election laws. This voter guide must be provided
to every county election officer and auditor, and any other
person upon request. [2003 c 111 § 140; 2001 c 41 § 4. Formerly RCW 29.04.088.]
29A.04.250
29A.04.250 Toll-free media and web page. (Effective
July 1, 2004.) The secretary of state shall provide a toll-free
media and web page designed to allow voter communication
with the office of the secretary of state. [2003 c 111 § 141.
Prior: 2001 c 41 § 5. Formerly RCW 29.04.091.]
General Provisions
29A.04.320
29A.04.255
29A.04.255 Electronic facsimile documents—Acceptance of. (Effective July 1, 2004.) The secretary of state or
a county auditor shall accept and file in his or her office electronic facsimile transmissions of the following documents:
(1) Declarations of candidacy;
(2) County canvass reports;
(3) Voters' pamphlet statements;
(4) Arguments for and against ballot measures that will
appear in a voters' pamphlet;
(5) Requests for recounts;
(6) Certification of candidates and measures by the secretary of state;
(7) Direction by the secretary of state for the conduct of
a mandatory recount;
(8) Requests for absentee ballots;
(9) Any other election related document authorized by
rule adopted by the secretary of state under *RCW 29.04.235.
The acceptance by the secretary of state or the county
auditor is conditional upon the document being filed in a
timely manner, being legible, and otherwise satisfying the
requirements of state law or rules with respect to form and
content.
If the original copy of a document must be signed and a
copy of the document is filed by facsimile transmission under
this section, the original copy must be subsequently filed with
the official with whom the facsimile was filed. The original
copy must be filed by a deadline established by the secretary
by rule. The secretary may by rule require that the original of
any document, a copy of which is filed by facsimile transmission under this section, also be filed by a deadline established
by the secretary by rule. [2003 c 111 § 142; 1991 c 186 § 1.
Formerly RCW 29.04.230.]
*Reviser's note: RCW 29.04.235 was repealed by 2003 c 111 § 2404,
effective July 1, 2004. For rule-making duties, see RCW 29A.04.610.
TIMES FOR HOLDING ELECTIONS
29A.04.310
29A.04.310 Primaries. (Effective July 1, 2004.) Nominating primaries for general elections to be held in November must be held on the third Tuesday of the preceding September or on the seventh Tuesday immediately preceding
such general election, whichever occurs first. [2003 c 111 §
143; 1977 ex.s. c 361 § 29; 1965 ex.s. c 103 § 6; 1965 c 9 §
29.13.070. Prior: 1963 c 200 § 25; 1907 c 209 § 3; RRS §
5179. Formerly RCW 29.13.070.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.04.320
29A.04.320 State and local general elections—Statewide general election—Exceptions—Special county elections. (Effective July 1, 2004.) (1) All state, county, city,
town, and district general elections for the election of federal,
state, legislative, judicial, county, city, town, district, and precinct officers, and for the submission to the voters of the
state, county, city, town, or district of any measure for their
adoption and approval or rejection, shall be held on the first
Tuesday after the first Monday of November, in the year in
which they may be called. A statewide general election shall
be held on the first Tuesday after the first Monday of November of each year. However, the statewide general election
held in odd-numbered years shall be limited to (a) city, town,
and district general elections as provided for in RCW
29A.04.330, or as otherwise provided by law; (b) the election
of federal officers for the remainder of any unexpired terms
in the membership of either branch of the Congress of the
United States; (c) the election of state and county officers for
the remainder of any unexpired terms of offices created by or
whose duties are described in Article II, section 15, Article
III, sections 16, 17, 19, 20, 21, 22, and 23, and Article IV,
sections 3 and 5 of the state Constitution and RCW 2.06.080;
(d) the election of county officers in any county governed by
a charter containing provisions calling for general county
elections at this time; and (e) the approval or rejection of state
measures, including proposed constitutional amendments,
matters pertaining to any proposed constitutional convention,
initiative measures and referendum measures proposed by the
electorate, referendum bills, and any other matter provided
by the legislature for submission to the electorate.
(2) A county legislative authority may, if it deems an
emergency to exist, call a special county election by presenting a resolution to the county auditor at least forty-five days
prior to the proposed election date. Except as provided in
subsection (4) of this section, a special election called by the
county legislative authority shall be held on one of the following dates as decided by such governing body:
(a) The first Tuesday after the first Monday in February;
(b) The second Tuesday in March;
(c) The fourth Tuesday in April;
(d) The third Tuesday in May;
(e) The day of the primary as specified by RCW
29A.04.310; or
(f) The first Tuesday after the first Monday in November.
(3) In addition to the dates set forth in subsection (2)(a)
through (f) of this section, a special election to validate an
excess levy or bond issue may be called at any time to meet
the needs resulting from fire, flood, earthquake, or other act
of God. Such county special election shall be noticed and
conducted in the manner provided by law.
(4) In a presidential election year, if a presidential preference primary is conducted in February, March, April, or
May under chapter 29A.56 RCW, the date on which a special
election may be called by the county legislative authority
under subsection (2) of this section during the month of that
primary is the date of the presidential primary.
(5) This section shall supersede the provisions of any and
all other statutes, whether general or special in nature, having
different dates for such city, town, and district elections, the
purpose of this section being to establish mandatory dates for
holding elections except for those elections held pursuant to a
home-rule charter adopted under Article XI, section 4 of the
state Constitution. This section shall not be construed as fixing the time for holding primary elections, or elections for the
recall of any elective public officer. [2003 c 111 § 144; 1994
c 142 § 1; 1992 c 37 § 1; 1989 c 4 § 9 (Initiative Measure No.
99); 1980 c 3 § 1; 1975-'76 2nd ex.s. c 111 § 1; 1975-'76 2nd
ex.s. c 3 § 1; 1973 2nd ex.s. c 36 § 1; 1973 c 4 § 1; 1965 c 123
§ 2; 1965 c 9 § 29.13.010. Prior: 1955 c 151 § 1; prior: (i)
1923 c 53 § 1; 1921 c 61 § 1; RRS § 5143. (ii) 1921 c 61 § 3;
RRS § 5145. Formerly RCW 29.13.010.]
Effective date—1994 c 142: "This act shall take effect January 1,
1995." [1994 c 142 § 3.]
[2003 RCW Supp—page 301]
29A.04.330
Title 29A RCW: Elections
Severability—1975-'76 2nd ex.s. c 111: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-'76 2nd ex.s. c 111 § 3.]
29A.04.330
29A.04.330 City, town, and district general and special elections—Exceptions. (Effective July 1, 2004.) (1)
All city, town, and district general elections shall be held
throughout the state of Washington on the first Tuesday following the first Monday in November in the odd-numbered
years.
This section shall not apply to:
(a) Elections for the recall of any elective public officer;
(b) Public utility districts, conservation districts, or district elections at which the ownership of property within
those districts is a prerequisite to voting, all of which elections shall be held at the times prescribed in the laws specifically applicable thereto;
(c) Consolidation proposals as provided for in *RCW
28A.315.265 and nonhigh capital fund aid proposals as provided for in chapter 28A.540 RCW.
(2) The county auditor, as ex officio supervisor of elections, upon request in the form of a resolution of the governing body of a city, town, or district, presented to the auditor at
least forty-five days prior to the proposed election date, may,
if the county auditor deems an emergency to exist, call a special election in such city, town, or district, and for the purpose
of such special election he or she may combine, unite, or
divide precincts. Except as provided in subsection (3) of this
section, such a special election shall be held on one of the following dates as decided by the governing body:
(a) The first Tuesday after the first Monday in February;
(b) The second Tuesday in March;
(c) The fourth Tuesday in April;
(d) The third Tuesday in May;
(e) The day of the primary election as specified by RCW
29A.04.310; or
(f) The first Tuesday after the first Monday in November.
(3) In a presidential election year, if a presidential preference primary is conducted in February, March, April, or
May under chapter 29A.56 RCW, the date on which a special
election may be called under subsection (2) of this section
during the month of that primary is the date of the presidential primary.
(4) In addition to subsection (2)(a) through (f) of this
section, a special election to validate an excess levy or bond
issue may be called at any time to meet the needs resulting
from fire, flood, earthquake, or other act of God, except that
no special election may be held between the first day for candidates to file for public office and the last day to certify the
returns of the general election other than as provided in subsection (2)(e) and (f) of this section. Such special election
shall be conducted and notice thereof given in the manner
provided by law.
(5) This section shall supersede the provisions of any and
all other statutes, whether general or special in nature, having
different dates for such city, town, and district elections, the
purpose of this section being to establish mandatory dates for
holding elections. [2003 c 111 § 145; 2002 c 43 § 2; 1994 c
142 § 2; 1992 c 37 § 2; 1990 c 33 § 562; 1989 c 4 § 10 (Ini[2003 RCW Supp—page 302]
tiative Measure No. 99); 1986 c 167 § 6; 1980 c 3 § 2; 1975'76 2nd ex.s. c 111 § 2; 1965 c 123 § 3; 1965 c 9 § 29.13.020.
Prior: 1963 c 200 § 1; 1955 c 55 § 1; 1951 c 101 § 1; 1949 c
161 § 1; 1927 c 182 § 1; 1923 c 53 § 2; 1921 c 61 § 2; Rem.
Supp. 1949 § 5144. Formerly RCW 29.13.020.]
*Reviser's note: RCW 28A.315.235 provides for consolidation petitions.
Intent—2002 c 43: "The legislature finds that there are conflicting
interpretations as to the intent of the legislature in the enactment of chapter
305, Laws of 1999. The purpose of this act is to make statutory changes that
further clarify this intent.
It is the intent of the legislature that elections of conservation district
supervisors continue to be conducted under procedures in the conservation
district statutes, chapter 89.08 RCW, and that such elections not be conducted under the general election laws contained in Title 29 RCW. Further,
it is the intent of the legislature that there be no change made with regard to
applicability of the public disclosure act, chapter 42.17 RCW, to conservation district supervisors from those that existed before the enactment of chapter 305, Laws of 1999." [2002 c 43 § 1.]
Effective date—2002 c 43: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 14, 2002]." [2002 c 43 § 6.]
Effective date—1994 c 142: See note following RCW 29A.04.320.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1986 c 167: See note following RCW 29A.04.049.
Severability—1975-'76 2nd ex.s. c 111: See note following RCW
29A.04.320.
ELECTION COSTS
29A.04.410
29A.04.410 Costs borne by constituencies. (Effective
July 1, 2004.) Every city, town, and district is liable for its
proportionate share of the costs when such elections are held
in conjunction with other elections held under RCW
29A.04.320 and 29A.04.330.
Whenever any city, town, or district holds any primary
or election, general or special, on an isolated date, all costs of
such elections must be borne by the city, town, or district
concerned.
The purpose of this section is to clearly establish that the
county is not responsible for any costs involved in the holding of any city, town, or district election.
In recovering such election expenses, including a reasonable pro-ration of administrative costs, the county auditor
shall certify the cost to the county treasurer with a copy to the
clerk or auditor of the city, town, or district concerned. Upon
receipt of such certification, the county treasurer shall make
the transfer from any available and appropriate city, town, or
district funds to the county current expense fund or to the
county election reserve fund if such a fund is established.
Each city, town, or district must be promptly notified by the
county treasurer whenever such transfer has been completed.
However, in those districts wherein a treasurer, other than the
county treasurer, has been appointed such transfer procedure
does not apply, but the district shall promptly issue its warrant for payment of election costs. [2003 c 111 § 146; 1965 c
123 § 5; 1965 c 9 § 29.13.045. Prior: 1963 c 200 § 7; 1951 c
257 § 5. Formerly RCW 29.13.045.]
County, municipality, or special district facilities as polling places, payment
for: RCW 29A.16.120.
Diking districts, election to authorize, costs: RCW 85.38.060.
Diking or drainage district, reorganization into improvement district
General Provisions
1917 act, election to authorize: RCW 85.38.060.
1933 act, election to authorize: RCW 85.38.060.
Expense of printing and distributing ballot materials: RCW 29A.36.220.
Expense of recount—Charges: RCW 29A.64.080.
Port districts, formation of, election on, expense of: RCW 53.04.070.
Public utility district elections, expense of: RCW 54.08.041.
Reclamation districts of one million acres, election to form, expense: RCW
89.30.115.
Soil and water conservation district, election to form, expense: RCW
89.08.140.
Water-sewer districts
annexation of territory by, election on, expense: RCW 57.24.050.
formation of, expense: RCW 57.04.055.
29A.04.420
29A.04.420 State share. (Effective July 1, 2004.) (1)
Whenever state officers or measures are voted upon at a state
primary or general election held in an odd-numbered year
under RCW 29A.04.320, the state of Washington shall
assume a prorated share of the costs of that state primary or
general election.
(2) Whenever a primary or vacancy election is held to fill
a vacancy in the position of United States senator or United
States representative under chapter 29A.28 RCW, the state of
Washington shall assume a prorated share of the costs of that
primary or vacancy election.
(3) The county auditor shall apportion the state's share of
these expenses when prorating election costs under RCW
29A.04.410 and shall file such expense claims with the secretary of state.
(4) The secretary of state shall include in his or her biennial budget requests sufficient funds to carry out this section.
Reimbursements for election costs shall be from appropriations specifically provided by law for that purpose. [2003 c
111 § 147. Prior: 1985 c 45 § 2; 1977 ex.s. c 144 § 4; 1975'76 2nd ex.s. c 4 § 1; 1973 c 4 § 2. Formerly RCW
29.13.047.]
Legislative intent—1985 c 45: "It is the intention of the legislature that
sections 2 through 7 of this act shall provide an orderly and predictable election procedure for filling vacancies in the offices of United States representative and United States senator." [1985 c 45 § 1.]
29A.04.430
29A.04.430 Interest on reimbursement. (Effective
July 1, 2004.) For any reimbursement of election costs under
RCW 29A.04.420, the secretary of state shall pay interest at
an annual rate equal to two percentage points in excess of the
discount rate on ninety-day commercial paper in effect at the
federal reserve bank in San Francisco on the fifteenth day of
the month immediately preceding the payment for any period
of time in excess of thirty days after the receipt of a properly
executed and documented voucher for such expenses and the
entry of an allotment from specifically appropriated funds for
this purpose. The secretary of state shall promptly notify any
county that submits an incomplete or inaccurate voucher for
reimbursement under RCW 29A.04.420. [2003 c 111 § 148;
1986 c 167 § 7. Formerly RCW 29.13.048.]
Severability—1986 c 167: See note following RCW 29A.04.049.
ADMINISTRATION
29A.04.510
29A.04.510 Election administration and certification
board—Generally. (Effective July 1, 2004.) (1) The Washington state election administration and certification board is
29A.04.530
established and has the responsibilities and authorities prescribed by this chapter. The board is composed of the following members:
(a) The secretary of state or the secretary's designee;
(b) The state director of elections or the director's designee;
(c) Four county auditors appointed by the Washington
state association of county auditors or their alternates who are
county auditors designated by the association to serve as such
alternates, each appointee and alternate to serve at the pleasure of the association;
(d) One member from each of the two largest political
party caucuses of the house of representatives designated by
and serving at the pleasure of the legislative leader of the
respective caucus;
(e) One member from each of the two largest political
party caucuses of the senate designated by and serving at the
pleasure of the legislative leader of the respective caucus; and
(f) One representative from each major political party,
designated by and serving at the pleasure of the chair of the
party's state central committee.
(2) The board shall elect a chair from among its number;
however, neither the secretary of state nor the state director of
elections nor their designees may serve as the chair of the
board. A majority of the members appointed to the board
constitutes a quorum for conducting the business of the
board. Chapter 42.30 RCW, the Open Public Meetings Act,
and RCW 42.32.030 regarding minutes of meetings, apply to
the meetings of the board.
(3) Members of the board shall serve without compensation. The secretary of state shall reimburse members of the
board, other than those who are members of the legislature,
for travel expenses in accordance with RCW 43.03.050 and
43.03.060. Members of the board who are members of the
legislature shall be reimbursed as provided in chapter 44.04
RCW. [2003 c 111 § 149; 1992 c 163 § 3. Formerly RCW
29.60.010.]
29A.04.520
29A.04.520 Appeals. (Effective July 1, 2004.) The
board created in RCW 29A.04.510 shall review appeals filed
under RCW 29A.04.550 or 29A.04.570. A decision of the
board regarding the appeal must be supported by not less than
a majority of the members appointed to the board. A decision
of the board regarding an appeal filed under RCW
29A.04.570 concerning an election review conducted under
that section is final. If a decision of the board regarding an
appeal filed under RCW 29A.04.550 includes a recommendation that a certificate be issued, the secretary of state, upon
the recommendation of the board, shall issue the certificate.
[2003 c 111 § 150.]
29A.04.530
29A.04.530 Duties of secretary of state. (Effective
July 1, 2004.) The secretary of state shall:
(1) Establish and operate, or provide by contract, training
and certification programs for state and county elections
administration officials and personnel, including training on
the various types of election law violations and discrimination, and training programs for political party observers
which conform to the rules for such programs established
under RCW 29A.04.630;
[2003 RCW Supp—page 303]
29A.04.540
Title 29A RCW: Elections
(2) Administer tests for state and county officials and
personnel who have received such training and issue certificates to those who have successfully completed the training
and passed such tests;
(3) Maintain a record of those individuals who have
received such training and certificates; and
(4) Provide the staffing and support services required by
the board created under RCW 29A.04.510. [2003 c 111 §
151. Prior: 2001 c 41 § 11; 1992 c 163 § 5. Formerly RCW
29.60.030.]
Effective date—1992 c 163 §§ 5-13: "Sections 5 through 13 of this act
shall take effect July 1, 1993." [1992 c 163 § 15.]
29A.04.540
29A.04.540 Training of administrators. (Effective
July 1, 2004.) A person having responsibility for the administration or conduct of elections, other than precinct election
officers, shall, within eighteen months of undertaking those
responsibilities, receive general training regarding the conduct of elections and specific training regarding their responsibilities and duties as prescribed by this title or by rules
adopted by the secretary of state under this title. Included
among those persons for whom such training is mandatory
are the following:
(1) Secretary of state elections division personnel;
(2) County elections administrators under RCW
36.22.220;
(3) County canvassing board members;
(4) Persons officially designated by each major political
party as elections observers; and
(5) Any other person or group charged with election
administration responsibilities if the person or group is designated by rule adopted by the secretary of state as requiring the
training.
The secretary of state shall reimburse election observers
in accordance with RCW 43.03.050 and 43.03.060 for travel
expenses incurred to receive training required under subsection (4) of this section.
Neither this section nor RCW 29A.04.530 may be construed as requiring an elected official to receive training or a
certificate of training as a condition for seeking or holding
elective office or as a condition for carrying out constitutional duties. [2003 c 111 § 152; 1992 c 163 § 6. Formerly
RCW 29.60.040.]
Effective date—1992 c 163 §§ 5-13: See note following RCW
29A.04.530.
29A.04.550
29A.04.550 Denial of certification—Review and
appeal. (Effective July 1, 2004.) (1) A decision of the secretary of state to deny certification under RCW 29A.04.530
must be entered in the manner specified for orders under the
Administrative Procedure Act, chapter 34.05 RCW. Such a
decision is not effective for a period of twenty days following
the date of the decision, during which time the person denied
certification may file a petition with the secretary of state
requesting the secretary to reconsider the decision and to
grant certification. The petitioner shall include in the petition, an explanation of the reasons why the initial decision is
incorrect and certification should be granted, and may
include a request for a hearing on the matter. The secretary
of state shall reconsider the matter if the petition is filed in a
proper and timely manner. If a hearing is requested, the sec[2003 RCW Supp—page 304]
retary of state shall conduct the hearing within sixty days
after the date on which the petition is filed. The secretary of
state shall render a final decision on the matter within ninety
days after the date on which the petition is filed.
(2) Within twenty days after the date on which the secretary of state makes a final decision denying a petition under
this section, the petitioner may appeal the denial to the board
created in RCW 29A.04.510. In deciding appeals, the board
shall restrict its review to the record established when the
matter was before the secretary of state. The board shall
affirm the decision if it finds that the record supports the decision and that the decision is not inconsistent with other decisions of the secretary of state in which the same standards
were applied and certification was granted. Similarly, the
board shall reverse the decision and recommend to the secretary of state that certification be granted if the board finds that
such support is lacking or that such inconsistency exists.
(3) Judicial review of certification decisions will be as
prescribed under RCW 34.05.510 through 34.05.598, but is
limited to the review of board decisions denying certification.
[2003 c 111 § 153; 1992 c 163 § 7. Formerly RCW
29.60.050.]
Effective date—1992 c 163 §§ 5-13: See note following RCW
29A.04.530.
29A.04.560
29A.04.560 Election review section. (Effective July 1,
2004.) An election review section is established in the elections division of the office of the secretary of state. Permanent staff of the elections division, trained and certified as
required by RCW 29A.04.540, shall perform the election
review functions prescribed by RCW 29A.04.570. The staff
may also be required to assist in training, certification, and
other duties as may be assigned by the secretary of state to
ensure the uniform and orderly conduct of elections in this
state. [2003 c 111 § 154. Prior: 1992 c 163 § 8. Formerly
RCW 29.60.060.]
Effective date—1992 c 163 §§ 5-13: See note following RCW
29A.04.530.
29A.04.570
29A.04.570 Review of county election procedures.
(Effective July 1, 2004.) (1)(a) The election review staff of
the office of the secretary of state shall conduct a review of
election-related policies, procedures, and practices in an
affected county or counties:
(i) If the unofficial returns of a primary or general election for a position in the state legislature indicate that a mandatory recount is likely for that position; or
(ii) If unofficial returns indicate a mandatory recount is
likely in a statewide election or an election for federal office.
Reviews conducted under (ii) of this subsection shall be
performed in as many selected counties as time and staffing
permit. Reviews conducted as a result of mandatory recounts
shall be performed between the time the unofficial returns are
complete and the time the recount is to take place, if possible.
(b) In addition to conducting reviews under (a) of this
subsection, the election review staff shall also conduct such a
review in a county periodically, in conjunction with a county
primary or special or general election, at the direction of the
secretary of state or at the request of the county auditor. If
any resident of this state believes that an aspect of a primary
or election has been conducted inappropriately in a county,
General Provisions
29A.04.610
29A.04.590
the resident may file a complaint with the secretary of state.
The secretary shall consider such complaints in scheduling
periodic reviews under this section.
(c) Before an election review is conducted in a county,
the secretary of state shall provide the county auditor of the
affected county and the chair of the state central committee of
each major political party with notice that the review is to be
conducted. When a periodic review is to be conducted in a
county at the direction of the secretary of state under (b) of
this subsection, the secretary shall provide the affected
county auditor not less than thirty days' notice.
(2) Reviews shall be conducted in conformance with
rules adopted under RCW 29A.04.630. In performing a
review in a county under this chapter, the election review
staff shall evaluate the policies and procedures established
for conducting the primary or election in the county and the
practices of those conducting it. As part of the review, the
election review staff shall issue to the county auditor and the
members of the county canvassing board a report of its findings and recommendations regarding such policies, procedures, and practices. A review conducted under this chapter
shall not include any evaluation, finding, or recommendation
regarding the validity of the outcome of a primary or election
or the validity of any canvass of returns nor does the election
review staff have any jurisdiction to make such an evaluation,
finding, or recommendation under this title.
(3) The county auditor of the county in which a review is
conducted under this section or a member of the canvassing
board of the county may appeal the findings or recommendations of the election review staff regarding the review by filing an appeal with the board created under RCW 29A.04.510.
[2003 c 111 § 155. Prior: 1997 c 284 § 1; 1992 c 163 § 9.
Formerly RCW 29.60.070.]
Effective date—1992 c 163 §§ 5-13: See note following RCW
29A.04.530.
29A.04.580
29A.04.580 County auditor and review staff. (Effective July 1, 2004.) The county auditor may designate any
person who has been certified under this chapter, other than
the auditor, to participate in a review conducted in the county
under this chapter. Each county auditor and canvassing
board shall cooperate fully during an election review by making available to the reviewing staff any material requested by
the staff. The reviewing staff shall have full access to ballot
pages, absentee voting materials, any other election material
normally kept in a secure environment after the election, and
other requested material. If ballots are reviewed by the staff,
they shall be reviewed in the presence of the canvassing
board or its designees. Ballots shall not leave the custody of
the canvassing board. During the review and after its completion, the review staff may make appropriate recommendations to the county auditor or canvassing board, or both, to
bring the county into compliance with the training required
under this chapter, and the laws or rules of the state of Washington, to safeguard election material or to preserve the integrity of the elections process. [2003 c 111 § 156. Prior: 1992
c 163 § 10. Formerly RCW 29.60.080.]
Effective date—1992 c 163 §§ 5-13: See note following RCW
29A.04.530.
29A.04.590 Election assistance and clearinghouse
program. (Effective July 1, 2004.) The secretary of state
shall establish within the elections division an election assistance and clearinghouse program, which shall provide regular communication between the secretary of state, local election officials, and major and minor political parties regarding
newly enacted elections legislation, relevant judicial decisions affecting the administration of elections, and applicable
attorney general opinions, and which shall respond to inquiries from elections administrators, political parties, and others
regarding election information. This section does not
empower the secretary of state to offer legal advice or opinions, but the secretary may discuss the construction or
interpretation of election law, case law, or legal opinions
from the attorney general or other competent legal authority.
[2003 c 111 § 157. Prior: 1992 c 163 § 11. Formerly RCW
29.60.090.]
Effective date—1992 c 163 §§ 5-13: See note following RCW
29A.04.530.
RULE-MAKING AUTHORITY
29A.04.610
29A.04.610 Rules by secretary of state. (Effective
July 1, 2004.) The secretary of state as chief election officer
shall make reasonable rules in accordance with chapter 34.05
RCW not inconsistent with the federal and state election laws
to effectuate any provision of this title and to facilitate the
execution of its provisions in an orderly, timely, and uniform
manner relating to any federal, state, county, city, town, and
district elections. To that end the secretary shall assist local
election officers by devising uniform forms and procedures.
In addition to the rule-making authority granted otherwise by this section, the secretary of state shall make rules
governing the following provisions:
(1) The maintenance of voter registration records;
(2) The preparation, maintenance, distribution, review,
and filing of precinct maps;
(3) Standards for the design, layout, and production of
ballots;
(4) The examination and testing of voting systems for
certification;
(5) The source and scope of independent evaluations of
voting systems that may be relied upon in certifying voting
systems for use in this state;
(6) Standards and procedures for the acceptance testing
of voting systems by counties;
(7) Standards and procedures for testing the programming of vote tallying software for specific primaries and
elections;
(8) Standards and procedures for the preparation and use
of each type of certified voting system including procedures
for the operation of counting centers where vote tallying systems are used;
(9) Standards and procedures to ensure the accurate tabulation and canvassing of ballots;
(10) Consistency among the counties of the state in the
preparation of ballots, the operation of vote tallying systems,
and the canvassing of primaries and elections;
(11) Procedures to ensure the secrecy of a voter's ballot
when a small number of ballots are counted at the polls or at
a counting center;
[2003 RCW Supp—page 305]
29A.04.620
Title 29A RCW: Elections
(12) The use of substitute devices or means of voting
when a voting device at the polling place is found to be defective, the counting of votes cast on the defective device, the
counting of votes cast on the substitute device, and the documentation that must be submitted to the county auditor
regarding such circumstances;
(13) Procedures for the transportation of sealed containers of voted ballots or sealed voting devices;
(14) The acceptance and filing of documents via electronic facsimile;
(15) Voter registration applications and records;
(16) The use of voter registration information in the conduct of elections;
(17) The coordination, delivery, and processing of voter
registration records accepted by driver licensing agents or the
department of licensing;
(18) The coordination, delivery, and processing of voter
registration records accepted by agencies designated by the
governor to provide voter registration services;
(19) Procedures to receive and distribute voter registration applications by mail;
(20) Procedures for a voter to change his or her voter registration address within a county by telephone;
(21) Procedures for a voter to change the name under
which he or she is registered to vote;
(22) Procedures for canceling dual voter registration
records and for maintaining records of persons whose voter
registrations have been canceled;
(23) Procedures for the electronic transfer of voter registration records between county auditors and the office of the
secretary of state;
(24) Procedures and forms for declarations of candidacy;
(25) Procedures and requirements for the acceptance and
filing of declarations of candidacy by electronic means;
(26) Procedures for the circumstance in which two or
more candidates have a name similar in sound or spelling so
as to cause confusion for the voter;
(27) Filing for office;
(28) The order of positions and offices on a ballot;
(29) Sample ballots;
(30) Independent evaluations of voting systems;
(31) The testing, approval, and certification of voting
systems;
(32) The testing of vote tallying software programming;
(33) Standards and procedures to prevent fraud and to
facilitate the accurate processing and canvassing of absentee
ballots and mail ballots;
(34) Standards and procedures to guarantee the secrecy
of absentee ballots and mail ballots;
(35) Uniformity among the counties of the state in the
conduct of absentee voting and mail ballot elections;
(36) Standards and procedures to accommodate out-ofstate voters, overseas voters, and service voters;
(37) The tabulation of paper ballots before the close of
the polls;
(38) The accessibility of polling places and registration
facilities that are accessible to elderly and disabled persons;
(39) The aggregation of precinct results if reporting the
results of a single precinct could jeopardize the secrecy of a
person's ballot;
(40) Procedures for conducting a statutory recount;
[2003 RCW Supp—page 306]
(41) Procedures for filling vacancies in congressional
offices if the general statutory time requirements for availability of absentee ballots, certification, canvassing, and
related procedures cannot be met;
(42) Procedures for the statistical sampling of signatures
for purposes of verifying and canvassing signatures on initiative, referendum, and recall election petitions;
(43) Standards and deadlines for submitting material to
the office of the secretary of state for the voters' pamphlet;
(44) Deadlines for the filing of ballot titles for referendum bills and constitutional amendments if none have been
provided by the legislature;
(45) Procedures for the publication of a state voters'
pamphlet; and
(46) Procedures for conducting special elections regarding nuclear waste sites if the general statutory time requirements for availability of absentee ballots, certification, canvassing, and related procedures cannot be met. [2003 c 111 §
161; 1971 ex.s. c 202 § 2; 1965 c 9 § 29.04.080. Prior: 1963
c 200 § 24; 1949 c 161 § 13; Rem. Supp. 1949 § 5147-3.]
Formerly RCW 29.04.080.
Absentee voters, secretary of state duties regarding: RCW 29A.40.150.
Forms
statement of change in residence of voter, design by secretary of state—
Availability to public: RCW 29A.08.850.
statement registered voter is deceased, design by secretary of state: RCW
29A.08.510.
29A.04.620
29A.04.620 Rules. (Effective July 1, 2004.) The secretary of state as chief election officer may make rules in accordance with chapter 34.05 RCW to facilitate the operation,
accomplishment, and purpose of the presidential primary
authorized in RCW 29A.56.010 through 29A.56.060. The
secretary of state shall adopt rules consistent with this chapter
to comply with national or state political party rules. [2003 c
111 § 162; 1995 1st sp.s. c 20 § 4; 1989 c 4 § 7 (Initiative
Measure No. 99). Formerly RCW 29.19.070.]
Effective date—1995 1st sp.s. c 20: See note following RCW
29A.56.020.
29A.04.630
29A.04.630 Joint powers and duties with board.
(Effective July 1, 2004.) (1) The secretary of state and the
board created in RCW 29A.04.510 shall jointly adopt rules,
in the manner specified for the adoption of rules under the
Administrative Procedure Act, chapter 34.05 RCW, governing:
(a) The training of persons officially designated by major
political parties as elections observers under this title, and the
training and certification of election administration officials
and personnel;
(b) The policies and procedures for conducting election
reviews under RCW 29A.04.570; and
(c) The policies and standards to be used by the board in
reviewing and rendering decisions regarding appeals filed
under RCW 29A.04.570.
(2) The board created in RCW 29A.04.510 may adopt
rules governing its procedures. [2003 c 111 § 163; 1992 c
163 § 4. Formerly RCW 29.60.020.]
Voters and Registration
29A.08.010
29A.08.320
Registration or transfer at designated agencies—Form and
application. (Effective July 1, 2004.)
Registration at designated agencies—Procedures. (Effective July 1, 2004.)
Registration with driver's license application or renewal.
(Effective July 1, 2004.)
Duties of secretary of state, department of licensing, county
auditors—Information update. (Effective July 1, 2004.)
Address changes at department of licensing. (Effective July
1, 2004.)
CONSTRUCTION
29A.08.330
29A.04.900
29A.04.900 Continuation of existing law. (Effective
July 1, 2004.) The provisions of this title insofar as they are
substantially the same as statutory provisions repealed by this
chapter, and relating to the same subject matter, shall be construed as restatements and continuations, and not as new
enactments. [2003 c 111 § 158. Prior: 1965 c 9 § 29.98.010.
Formerly RCW 29.98.010.]
29A.04.901
29A.04.901 Headings and captions not part of law.
(Effective July 1, 2004.) Chapter headings, part, subpart, and
section or subsection captions, as used in this title do not constitute any part of the law. [2003 c 111 § 159; 1965 c 9 §
29.98.020. Formerly RCW 29.98.020.]
29A.04.902
29A.04.902 Invalidity of part not to affect remainder.
(Effective July 1, 2004.) If any provision of this title, or its
application to any person or circumstance is held invalid, the
remainder of the title, or the application of the provision to
other persons or circumstances is not affected. [2003 c 111 §
160. Prior: 1965 c 9 § 29.98.030. Formerly RCW
29.98.030.]
29A.04.903
29A.04.903 Effective date—2003 c 111. This act takes
effect July 1, 2004. [2003 c 111 § 2405.]
Chapter 29A.08
Chapter 29A.08 RCW
VOTERS AND REGISTRATION
DEFINITIONS
29A.08.020
29A.08.030
29A.08.040
29A.08.350
29A.08.360
TRANSFERS AND NAME CHANGES
29A.08.410
29A.08.420
29A.08.430
29A.08.440
"Information required for voter registration." (Effective
July 1, 2004.)
Mailing, date and method. (Effective July 1, 2004.)
Notices, various. (Effective July 1, 2004.)
"Person," "political purpose." (Effective July 1, 2004.)
29A.08.540
29A.08.110
29A.08.115
29A.08.120
29A.08.125
29A.08.130
29A.08.135
29A.08.140
29A.08.145
29A.08.150
29A.08.155
County auditor, duties—Registration assistants. (Effective
July 1, 2004.)
Auditor's procedure. (Effective July 1, 2004.)
Registration assistants. (Effective July 1, 2004.)
Registration by mail. (Effective July 1, 2004.)
Computer file of voter registration records. (Effective July
1, 2004.)
Count of registered voters. (Effective July 1, 2004.)
Updating information. (Effective July 1, 2004.)
Closing files—Notice. (Effective July 1, 2004.)
Late registration—Special procedure. (Effective July 1,
2004.)
Expense of registration. (Effective July 1, 2004.)
Payment for maintenance of electronic records. (Effective
July 1, 2004.)
FORMS
29A.08.210
29A.08.220
29A.08.230
29A.08.240
29A.08.250
29A.08.260
Application—Information required—Warning. (Effective
July 1, 2004.)
Application—Format—Production and distribution.
(Effective July 1, 2004.)
Oath of applicant. (Effective July 1, 2004.)
Signature card. (Effective July 1, 2004.)
Supplied without cost—Citizenship statement. (Effective
July 1, 2004.)
Supply and distribution. (Effective July 1, 2004.)
MOTOR VOTER AND REGISTRATION AT STATE AGENCIES
29A.08.310
Voter registration in state offices, colleges. (Effective July
1, 2004.)
Death. (Effective July 1, 2004.)
Felony conviction. (Effective July 1, 2004.)
Weekly report of cancellations and name changes. (Effective July 1, 2004.)
Record of cancellations. (Effective July 1, 2004.)
LIST MAINTENANCE
29A.08.605
29A.08.610
29A.08.615
29A.08.620
29A.08.625
29A.08.630
29A.08.635
29A.08.645
29A.08.650
Registration list maintenance. (Effective July 1, 2004.)
Dual registration or voting detection. (Effective July 1,
2004.)
"Active," "inactive" registered voters. (Effective July 1,
2004.)
Assignment of voter to inactive status—Confirmation
notice. (Effective July 1, 2004.)
Voting by inactive or canceled voters. (Effective July 1,
2004.)
Return of inactive voter to active status—Cancellation of
registration. (Effective July 1, 2004.)
Confirmation notices—Form, contents. (Effective July 1,
2004.)
Confirmation notice—Response, auditor's action. (Effective July 1, 2004.)
Electronic file format. (Effective July 1, 2004.)
Voter registration data base. (Effective July 1, 2004, until
January 1, 2005.)
PUBLIC ACCESS TO REGISTRATION RECORDS
29A.08.710
29A.08.720
GENERAL PROVISIONS
29A.08.105
Address change within county—Transfer by telephone.
(Effective July 1, 2004.)
Reregistration on transfer to another county. (Effective July
1, 2004.)
Transfer on election day. (Effective July 1, 2004.)
Voter name change. (Effective July 1, 2004.)
CANCELLATIONS
29A.08.510
29A.08.520
29A.08.530
29A.08.640
Sections
29A.08.010
29A.08.340
29A.08.730
29A.08.740
29A.08.750
29A.08.760
29A.08.770
Originals and automated files. (Effective July 1, 2004.)
Registration, voting records—As public records—Information furnished—Restrictions, confidentiality. (Effective
July 1, 2004.)
Registration, voting—Furnishing data upon request—
Cost—Use restricted. (Effective July 1, 2004.)
Violations of restricted use of registered voter data—Penalties—Liabilities. (Effective July 1, 2004.)
Computer file of registered voters—County records to secretary of state—Reimbursement. (Effective July 1,
2004.)
Computer file—Duplicate copy—Restrictions and penalties. (Effective July 1, 2004.)
Records concerning accuracy and currency of voters lists.
(Effective July 1, 2004.)
CHALLENGES
29A.08.810
29A.08.820
29A.08.830
29A.08.840
29A.08.850
Initiation. (Effective July 1, 2004.)
Voting by person challenged—Burden of proof, procedures. (Effective July 1, 2004.)
Affidavit—Administration, notice of challenge. (Effective
July 1, 2004.)
Procedure before cancellation. (Effective July 1, 2004.)
Challenge of registration—Forms, availability. (Effective
July 1, 2004.)
DEFINITIONS
29A.08.010
29A.08.010 "Information required for voter registration." (Effective July 1, 2004.) As used in this chapter:
"Information required for voter registration" means the minimum information provided on a voter registration application
[2003 RCW Supp—page 307]
29A.08.020
Title 29A RCW: Elections
that is required by the county auditor in order to place a voter
registration applicant on the voter registration rolls. This
information includes the applicant's name, complete residence address, date of birth, and a signature attesting to the
truth of the information provided on the application. All
other information supplied is ancillary and not to be used as
grounds for not registering an applicant to vote. [2003 c 111
§ 201; 1994 c 57 § 9. Formerly RCW 29.07.005.]
Severability—1994 c 57: See note following RCW 10.64.021.
29A.08.020
29A.08.020 Mailing, date and method. (Effective
July 1, 2004.) The definitions set forth in this section apply
throughout this chapter, unless the context clearly requires
otherwise.
(1) "By mail" means delivery of a completed original
voter registration application by mail or by personal delivery.
(2) For voter registration applicants, "date of mailing"
means the date of the postal cancellation on the voter registration application. This date will also be used as the date of
application for the purpose of meeting the registration cutoff
deadline. If the postal cancellation date is illegible then the
date of receipt by the elections official is considered the date
of application. If an application is received by the elections
official by the close of business on the fifth day after the cutoff date for voter registration and the postal cancellation date
is illegible, the application will be considered to have arrived
by the cutoff date for voter registration. [2003 c 111 § 204;
1994 c 57 § 30; 1993 c 434 § 1. Formerly RCW 29.08.010.]
Severability—1994 c 57: See note following RCW 10.64.021.
29A.08.030
29A.08.030 Notices, various. (Effective July 1, 2004.)
The definitions set forth in this section apply throughout this
chapter, unless the context clearly requires otherwise.
(1) "Verification notice" means a notice sent by the
county auditor to a voter registration applicant and is used to
verify or collect information about the applicant in order to
complete the registration.
(2) "Acknowledgement notice" means a notice sent by
nonforwardable mail by the county auditor to a registered
voter to acknowledge a voter registration transaction, which
can include initial registration, transfer, or reactivation of an
inactive registration. An acknowledgement notice may be a
voter registration card.
(3) "Confirmation notice" means a notice sent to a registered voter by first class forwardable mail at the address indicated on the voter's permanent registration record and to any
other address at which the county auditor could reasonably
expect mail to be received by the voter in order to confirm the
voter's residence address. The confirmation notice must be
designed so that the voter may update his or her current residence address. [2003 c 111 § 203. Prior: 1994 c 57 § 33.
Formerly RCW 29.10.011.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.08.040
29A.08.040 "Person," "political purpose." (Effective
July 1, 2004.) For purposes of this chapter, the following
words have the following meanings:
(1) "Person" means an individual, partnership, joint venture, public or private corporation, association, state or local
[2003 RCW Supp—page 308]
governmental entity or agency however constituted, candidate, committee, political committee, political party, executive committee thereof, or any other organization or group of
persons, however organized.
(2) "Political purpose" means a purpose concerned with
the support of or opposition to any candidate for any partisan
or nonpartisan office or concerned with the support of or
opposition to any ballot proposition or issue; "political purpose" includes, but is not limited to, such activities as the
advertising for or against any candidate or ballot measure or
the solicitation of financial support. [2003 c 111 § 202; 1973
1st ex.s. c 111 § 1. Formerly RCW 29.04.095.]
GENERAL PROVISIONS
29A.08.105
29A.08.105 County auditor, duties—Registration
assistants. (Effective July 1, 2004.) (1) In all counties, the
county auditor shall be the chief registrar of voters for every
precinct within the county. The auditor may appoint registration assistants to assist in registering persons residing in the
county. Each registration assistant holds office at the pleasure of the county auditor and must be a registered voter.
(2) The county auditor shall be the custodian of the official registration records of the county. The county auditor
shall ensure that mail-in voter registration application forms
are readily available to the public at locations to include but
not limited to the elections office, and all common schools,
fire stations, and public libraries. [2003 c 111 § 205; 1999 c
298 § 4; 1994 c 57 § 8; 1984 c 211 § 3; 1980 c 48 § 1; 1971
ex.s. c 202 § 4; 1965 c 9 § 29.07.010. Prior: 1957 c 251 § 4;
prior: 1939 c 15 § 1, part; 1933 c 1 § 3, part; RRS § 5114-3,
part; prior: 1891 c 104 §§ 1, part, 2, part; RRS §§ 5116, part,
5117, part. Formerly RCW 29.07.010.]
Severability—1994 c 57: See note following RCW 10.64.021.
Intent—1984 c 211: See note following RCW 29A.08.310.
29A.08.110
29A.08.110 Auditor's procedure. (Effective July 1,
2004.) (1) On receipt of an application for voter registration
under this chapter, the county auditor shall review the application to determine whether the information supplied is complete. An application that contains the applicant's name,
complete valid residence address, date of birth, and signature
attesting to the truth of the information provided on the application is complete. If it is not complete, the auditor shall
promptly mail a verification notice of the deficiency to the
applicant. This verification notice shall require the applicant
to provide the missing information. If the verification notice
is not returned by the applicant or is returned as undeliverable
the auditor shall not place the name of the applicant on the
county voter list. If the applicant provides the required information, the applicant shall be registered to vote as of the date
of mailing of the original voter registration application.
(2) If the information is complete, the applicant is considered to be registered to vote as of the date of mailing. The
auditor shall record the appropriate precinct identification,
taxing district identification, and date of registration on the
voter's record. Within forty-five days after the receipt of an
application but no later than seven days before the next primary, special election, or general election, the auditor shall
send to the applicant, by first class mail, an acknowledge-
Voters and Registration
ment notice identifying the registrant's precinct and containing such other information as may be required by the secretary of state. The postal service shall be instructed not to forward a voter registration card to any other address and to
return to the auditor any card which is not deliverable. If the
applicant has indicated that he or she is registered to vote in
another county in Washington but has also provided an
address within the auditor's county that is for voter registration purposes, the auditor shall send, on behalf of the registrant, a registration cancellation notice to the auditor of that
other county and the auditor receiving the notice shall cancel
the registrant's voter registration in that other county. If the
registrant has indicated on the form that he or she is registered to vote within the county but has provided a new
address within the county that is for voter registration purposes, the auditor shall transfer the voter's registration.
(3) If an acknowledgement notice card is properly
mailed as required by this section to the address listed by the
voter as being the voter's mailing address and the notice is
subsequently returned to the auditor by the postal service as
being undeliverable to the voter at that address, the auditor
shall promptly send the voter a confirmation notice. The
auditor shall place the voter's registration on inactive status
pending a response from the voter to the confirmation notice.
[2003 c 111 § 206. Prior: 1994 c 57 § 32; 1993 c 434 § 6.
Formerly RCW 29.08.060.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.08.140
establishing his or her current registration record, only the
available dates will be included. [2003 c 111 § 209; 1993 c
408 § 11; 1991 c 81 § 22; 1974 ex.s. c 127 § 12. Formerly
RCW 29.07.220.]
Severability—Effective dates—1993 c 408: See notes following
RCW 2.36.054.
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.08.130
29A.08.130 Count of registered voters. (Effective
July 1, 2004.) (1) Except as otherwise specified by this title,
registered voters include those assigned to active and inactive
status by the county auditor.
(2) Election officials shall not include inactive voters in
the count of registered voters for the purpose of dividing precincts, creating vote-by-mail precincts, determining voter
turnout, or other purposes in law for which the determining
factor is the number of registered voters. Election officials
shall not include persons who are ongoing absentee voters
under RCW 29A.40.040 in determining the maximum permissible size of vote-by-mail precincts or in determining the
maximum permissible size of precincts. Nothing in this subsection may be construed as altering the vote tallying requirements of RCW 29A.60.230. [2003 c 111 § 210; 1994 c 57 §
40. Formerly RCW 29.10.081.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.08.135
29A.08.115
29A.08.115 Registration assistants. (Effective July 1,
2004.) Every registration assistant shall keep registration
supplies at his or her usual place of residence or usual place
of business. A person or organization collecting voter registration application forms must transmit the forms to the secretary of state or a designee at least once weekly. [2003 c 111
§ 207; 1971 ex.s. c 202 § 15; 1965 c 9 § 29.07.110. Prior:
1957 c 251 § 11; prior: 1947 c 68 § 1, part; 1945 c 95 § 1,
part; 1933 c 1 § 6, part; Rem. Supp. 1947 § 5114-6, part;
prior: 1919 c 163 § 6, part; 1915 c 16 § 6, part; 1901 c 135 §
5, part; 1893 c 45 § 1, part; 1889 p 415 § 6, part; RRS § 5124,
part. Formerly RCW 29.07.110.]
29A.08.120
29A.08.120 Registration by mail. (Effective July 1,
2004.) Any elector of this state may register to vote by mail
under this chapter. [2003 c 111 § 208. Prior: 1993 c 434 §
3. Formerly RCW 29.08.030.]
29A.08.135 Updating information. (Effective July 1,
2004.) The county auditor shall acknowledge each new voter
registration or transfer by providing or sending the voter a
card identifying his or her current precinct and containing
such other information as may be prescribed by the secretary
of state. When a person who has previously registered to vote
in a jurisdiction applies for voter registration in a new jurisdiction, the person shall provide on the registration form, all
information needed to cancel any previous registration. The
county auditor shall forward any information pertaining to
the voter's prior voter registration to the county where the
voter was previously registered, so that registration may be
canceled. If the prior voter registration is in another state, the
notification must be made to the state elections office of that
state. A county auditor receiving official information that a
voter has registered to vote in another jurisdiction shall
immediately cancel that voter's registration. [2003 c 111 §
211; 2001 c 41 § 6; 1975 1st ex.s. c 184 § 1; 1973 c 153 § 2.
Formerly RCW 29.07.092.]
29A.08.125
29A.08.125 Computer file of voter registration
records. (Effective July 1, 2004.) Each county auditor shall
maintain a computer file containing the records of all registered voters within the county. The auditor may provide for
the establishment and maintenance of such files by private
contract or through interlocal agreement as provided by chapter 39.34 RCW. The computer file must include, but not be
limited to, each voter's last name, first name, middle initial,
date of birth, residence address, gender, date of registration,
applicable taxing district and precinct codes, and the last date
on which the individual voted. The county auditor shall subsequently record each consecutive date upon which the individual has voted and retain at least the last five such consecutive dates. If the voter has not voted at least five times since
Severability—1975 1st ex.s. c 184: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975 1st ex.s. c 184 § 5.]
29A.08.140
29A.08.140 Closing files—Notice. (Effective July 1,
2004.) The registration files of all precincts shall be closed
against original registration or transfers for thirty days immediately preceding every primary, special election, and general
election to be held in such precincts.
The county auditor shall give notice of the closing of the
precinct files for original registration and transfer and notice
of the special registration and voting procedure provided by
RCW 29A.08.145 by one publication in a newspaper of gen[2003 RCW Supp—page 309]
29A.08.145
Title 29A RCW: Elections
eral circulation in the county at least five days before the
closing of the precinct files.
No person may vote at any primary, special election, or
general election in a precinct polling place unless he or she
has registered to vote at least thirty days before that primary
or election. If a person, otherwise qualified to vote in the
state, county, and precinct in which he or she applies for registration, does not register at least thirty days before any primary, special election, or general election, he or she may register and vote by absentee ballot for that primary or election
under RCW 29A.08.145. [2003 c 111 § 212. Prior: 1993 c
383 § 2; 1980 c 3 § 4; 1974 ex.s. c 127 § 4; 1971 ex.s. c 202
§ 20; 1965 c 9 § 29.07.160; prior: 1947 c 68 § 2; 1933 c 1 §
9; Rem. Supp. 1947 § 5114-9. Formerly RCW 29.07.160.]
29A.08.145
29A.08.145 Late registration—Special procedure.
(Effective July 1, 2004.) This section establishes a special
procedure which an elector may use to register to vote during
the period beginning after the closing of registration for voting at the polls under RCW 29A.08.140 and ending on the fifteenth day before a primary, special election, or general election. A qualified elector in the county may register to vote in
person in the office of the county auditor or at a voter registration location specifically designated for this purpose by the
county auditor of the county in which the applicant resides,
and apply for an absentee ballot for that primary or election.
The auditor or registration assistant shall register that individual in the manner provided in this chapter. The application
for an absentee ballot executed by the newly registered voter
for the primary or election that follows the execution of the
registration shall be promptly transmitted to the auditor with
the completed voter registration form. [2003 c 111 § 213;
1993 c 383 § 1. Formerly RCW 29.07.152.]
29A.08.150
29A.08.150 Expense of registration. (Effective July 1,
2004.) The expense of registration in all rural precincts must
be paid by the county. The expense of registration in all precincts lying wholly within a city or town must be paid by the
city or town. Registration expenses for this section include
both active and inactive voters. [2003 c 111 § 214; 1965 c 9
§ 29.07.030. Prior: 1939 c 82 § 1, part; 1933 c 1 § 4, part;
RRS § 5114-4, part; prior: 1891 c 104 § 4; RRS § 5119. Formerly RCW 29.07.030.]
29A.08.155
29A.08.155 Payment for maintenance of electronic
records. (Effective July 1, 2004.) To compensate counties
with fewer than ten thousand registered voters at the time of
the most recent state general election for unrecoverable costs
incident to the maintenance of voter registration records on
electronic data processing systems, the secretary of state
shall, in June of each year, pay such counties an amount equal
to thirty cents for each registered voter in the county at the
time of the most recent state general election. [2003 c 111 §
215. Prior: 1980 c 32 § 6; 1974 ex.s. c 127 § 13. Formerly
RCW 29.07.230.]
registration shall complete an application providing the following information concerning his or her qualifications as a
voter in this state:
(1) The address of the last former registration of the
applicant as a voter in the state;
(2) The applicant's full name;
(3) The applicant's date of birth;
(4) The address of the applicant's residence for voting
purposes;
(5) The mailing address of the applicant if that address is
not the same as the address in subsection (4) of this section;
(6) The sex of the applicant;
(7) A declaration that the applicant is a citizen of the
United States;
(8) The applicant's signature; and
(9) Any other information that the secretary of state
determines is necessary to establish the identity of the applicant and prevent duplicate or fraudulent voter registrations.
This information shall be recorded on a single registration form to be prescribed by the secretary of state.
If the applicant fails to provide the information required
for voter registration, the auditor shall send the applicant a
verification notice. The auditor shall not register the applicant until the required information is provided. If a verification notice is returned as undeliverable or the applicant fails
to respond to the notice within forty-five days, the auditor
shall not register the applicant to vote.
The following warning shall appear in a conspicuous
place on the voter registration form:
"If you knowingly provide false information on this
voter registration form or knowingly make a false declaration
about your qualifications for voter registration you will have
committed a class C felony that is punishable by imprisonment for up to five years, or by a fine of up to ten thousand
dollars, or both imprisonment and fine."
[2003 c 111 § 216; 1994 c 57 § 11; 1990 c 143 § 7; 1973 1st
ex.s. c 21 § 3; 1971 ex.s. c 202 § 9; 1965 c 9 § 29.07.070.
Prior: 1947 c 68 § 3, part; 1933 c 1 § 11, part; Rem. Supp.
1947 § 5114-11, part; prior: 1921 c 177 § 7, part; 1915 c 16
§ 8, part; 1901 c 135 § 4, part; 1893 c 45 § 3, part; 1889 p 416
§ 8, part; RRS § 5126, part. Formerly RCW 29.07.070.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Effective date—1990 c 143 §§ 1-8: See note following RCW
29A.08.340.
Civil disabilities of wife abolished: RCW 26.16.160.
Civil rights
loss of: State Constitution Art. 6 § 3, RCW 29A.08.520.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
Copy of instrument restoring civil rights as evidence: RCW 5.44.090.
Qualifications of electors: State Constitution Art. 6 § 1 (Amendment 5).
Residence defined: RCW 29A.04.151.
Subversive activities as disqualification for voting: RCW 9.81.040.
29A.08.220
FORMS
29A.08.210
29A.08.210 Application—Information required—
Warning. (Effective July 1, 2004.) An applicant for voter
[2003 RCW Supp—page 310]
29A.08.220 Application—Format—Production and
distribution. (Effective July 1, 2004.) (1) The secretary of
state shall specify by rule the format of all voter registration
applications. These applications shall be compatible with
existing voter registration records. An applicant for voter
Voters and Registration
registration shall be required to complete only one application and to provide the required information other than his or
her signature no more than one time. These applications shall
also contain information for the voter to transfer his or her
registration.
Any application format specified by the secretary for use
in registering to vote in state and local elections shall satisfy
the requirements of the National Voter Registration Act of
1993 (P.L. 103-31) for registering to vote in federal elections.
(2) The secretary of state shall adopt by rule a uniform
data format for transferring voter registration records on
machine-readable media.
(3) All registration applications required under RCW
29A.08.210 and 29A.08.340 shall be produced and furnished
by the secretary of state to the county auditors and the department of licensing.
(4) The secretary of state shall produce and distribute
any instructional material and other supplies needed to implement RCW 29A.08.340 and 46.20.155.
(5) Any notice or statement that must be provided under
the National Voter Registration Act of 1993 (P.L. 103-31) to
prospective registrants concerning registering to vote in federal elections shall also be provided to prospective registrants
concerning registering to vote under this title in state and
local elections as well as federal elections. [2003 c 111 §
217. Prior: 1994 c 57 § 18; 1990 c 143 § 9; 1973 1st ex.s. c
21 § 7; 1971 ex.s. c 202 § 18; 1965 c 9 § 29.07.140; prior: (i)
1933 c 1 § 30; RRS § 5114-30. (ii) 1933 c 1 § 13, part; RRS
§ 5114-13, part. Formerly RCW 29.07.140.]
Severability—1994 c 57: See note following RCW 10.64.021.
29A.08.230
29A.08.230 Oath of applicant. (Effective July 1,
2004.) For all voter registrations, the registrant shall sign the
following oath:
"I declare that the facts on this voter registration form are
true. I am a citizen of the United States, I am not presently
denied my civil rights as a result of being convicted of a felony, I will have lived in Washington at this address for thirty
days immediately before the next election at which I vote,
and I will be at least eighteen years old when I vote."
[2003 c 111 § 218; 1994 c 57 § 12; 1990 c 143 § 8; 1973 1st
ex.s. c 21 § 4; 1971 ex.s. c 202 § 10; 1965 c 9 § 29.07.080.
Prior: 1933 c 1 § 12; RRS § 5114-12. Formerly RCW
29.07.080.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Effective date—1990 c 143 §§ 1-8: See note following RCW
29A.08.340.
Civil rights
loss of: State Constitution Art. 6 § 3, RCW 29A.08.520.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
29A.08.240
29A.08.240 Signature card. (Effective July 1, 2004.)
At the time of registering, a voter shall sign his or her name
upon a signature card to be transmitted to the secretary of
state. The voter shall also provide his or her first name followed by the last name or names and the name of the county
in which he or she is registered. Once each week the county
auditor shall transmit all such cards to the secretary of state.
29A.08.310
The secretary of state may exempt a county auditor who is
providing electronic voter registration and electronic voter
signature information to the secretary of state from the
requirements of this section. [2003 c 111 § 219; 1994 c 57 §
13; 1973 1st ex.s. c 21 § 5; 1971 ex.s. c 202 § 11; 1965 c 9 §
29.07.090. Prior: 1933 c 1 § 13, part; RRS § 5114-13, part.
Formerly RCW 29.07.090.]
Severability—1994 c 57: See note following RCW 10.64.021.
Signature cards—File for checking initiative and referendum petitions:
RCW 29A.72.220.
29A.08.250
29A.08.250 Supplied without cost—Citizenship
statement. (Effective July 1, 2004.) The secretary of state
shall furnish registration forms necessary to carry out the registration of voters as provided by this chapter without cost to
the respective counties. All voter registration forms must
include clear and conspicuous language, designed to draw an
applicant's attention, stating that the applicant must be a
United States citizen in order to register to vote. [2003 c 111
§ 220; 2001 c 41 § 8; 1999 c 298 § 7; 1993 c 434 § 8. Formerly RCW 29.08.080.]
29A.08.260
29A.08.260 Supply and distribution. (Effective July
1, 2004.) The county auditor shall distribute forms by which
a person may register to vote by mail and cancel any previous
registration in this state. The county auditor shall keep a supply of voter registration forms in his or her office at all times
for political parties and others interested in assisting in voter
registration, and shall make every effort to make these forms
generally available to the public. The county auditor shall
provide voter registration forms to city and town clerks, state
offices, schools, fire stations, and any other locations considered appropriate by the auditor for extending registration
opportunities to all areas of the county. After the initial distribution of voter registration forms to a given location, a representative designated by the official in charge of that location shall notify the county auditor of the need for additional
voter registration supplies. [2003 c 111 § 221. Prior: 1993 c
434 § 4. Formerly RCW 29.08.040.]
MOTOR VOTER AND REGISTRATION AT
STATE AGENCIES
29A.08.310
29A.08.310 Voter registration in state offices, colleges. (Effective July 1, 2004.) (1) The governor, in consultation with the secretary of state, shall designate agencies to
provide voter registration services in compliance with federal
statutes.
(2) Each state agency designated shall provide voter registration services for employees and the public within each
office of that agency.
(3) The secretary of state shall design and provide a standard notice informing the public of the availability of voter
registration, which notice shall be posted in each state agency
where such services are available.
(4) The secretary of state shall design and provide standard voter registration forms for use by these state agencies.
(5) Each institution of higher education shall put in place
an active prompt on its course registration web site, or similar
web site that students actively and regularly use, that, if
selected, will link the student to the secretary of state's voter
[2003 RCW Supp—page 311]
29A.08.320
Title 29A RCW: Elections
registration web site. The prompt must ask the student if he
or she wishes to register to vote. [2003 c 111 § 222; 2002 c
185 § 3; 1994 c 57 § 10; 1984 c 211 § 2. Formerly RCW
29.07.025.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Intent—1984 c 211: "It is the intention of the legislature, in order to
encourage the broadest possible participation in the electoral process by the
citizens of the state of Washington, to make voter registration services available in state offices which have significant contact with the public." [1984 c
211 § 1.]
29A.08.320
29A.08.320 Registration or transfer at designated
agencies—Form and application. (Effective July 1, 2004.)
(1) A person may register to vote or transfer a voter registration when he or she applies for service or assistance and with
each renewal, recertification, or change of address at agencies designated under *RCW 29.07.420.
(2) A prospective applicant shall initially be offered a
form adopted by the secretary of state that is designed to
determine whether the person wishes to register to vote. The
form must comply with all applicable state and federal statutes regarding content.
The form shall also contain a box that may be checked by
the applicant to indicate that he or she declines to register.
If the person indicates an interest in registering or has
made no indication as to a desire to register or not register to
vote, the person shall be given a mail-in voter registration
application or a prescribed agency application as provided by
RCW 29A.08.330. [2003 c 111 § 223. Prior: 1994 c 57 § 27.
Formerly RCW 29.07.430.]
*Reviser's note: RCW 29.07.420 was repealed by 2003 c 111 § 2404,
effective July 1, 2004. Registration agencies are now designated under
RCW 29A.08.310.
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.08.330
29A.08.330 Registration at designated agencies—
Procedures. (Effective July 1, 2004.) (1) The secretary of
state shall prescribe the method of voter registration for each
designated agency. The agency shall use either the state
voter registration by mail form with a separate declination
form for the applicant to indicate that he or she declines to
register at this time, or the agency may use a separate form
approved for use by the secretary of state.
(2) The person providing service at the agency shall offer
voter registration services to every client whenever he or she
applies for service or assistance and with each renewal, recertification, or change of address. The person providing service shall give the applicant the same level of assistance with
the voter registration application as is offered to fill out the
agency's forms and documents, including information about
age and citizenship requirements for voter registration.
(3) If an agency uses a computerized application process,
it may, in consultation with the secretary of state, develop
methods to capture simultaneously the information required
for voter registration during a person's computerized application process.
(4) Each designated agency shall provide for the voter
registration application forms to be collected from each
agency office at least once each week. The agency shall then
forward the application forms to the secretary of state each
[2003 RCW Supp—page 312]
week. The secretary of state shall forward the forms to the
county in which the applicant has registered to vote no later
than ten days after the date on which the forms were received
by the secretary of state. [2003 c 111 § 224. Prior: 2001 c
41 § 7; 1994 c 57 § 28. Formerly RCW 29.07.440.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.08.340
29A.08.340 Registration with driver's license application or renewal. (Effective July 1, 2004.) (1) A person
may register to vote, transfer a voter registration, or change
his or her name for voter registration purposes when he or she
applies for or renews a driver's license or identification card
under chapter 46.20 RCW.
(2) To register to vote, transfer his or her voter registration, or change his or her name for voter registration purposes
under this section, the applicant shall provide the information
required by RCW 29A.08.210.
(3) The driver licensing agent shall record that the applicant has requested to register to vote or transfer a voter registration. [2003 c 111 § 225; 2001 c 41 § 16; 1999 c 298 § 6;
1994 c 57 § 21; 1990 c 143 § 1. Formerly RCW 29.07.260.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Effective date—1990 c 143 §§ 1-8: "Sections 1 through 8 of this act
shall take effect January 1, 1992." [1990 c 143 § 13.]
Civil rights
loss of: State Constitution Art. 6 § 3, RCW 29A.08.520.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
Driver licensing agents duties regarding voter registration: RCW
46.20.155.
29A.08.350
29A.08.350 Duties of secretary of state, department
of licensing, county auditors—Information update.
(Effective July 1, 2004.) (1) The secretary of state shall provide for the voter registration forms submitted under RCW
29A.08.340 to be collected from each driver's licensing facility within five days of their completion.
(2) The department of licensing shall produce and transmit to the secretary of state a machine-readable file containing the following information from the records of each individual who requested a voter registration or transfer at a
driver's license facility during each period for which forms
are transmitted under subsection (1) of this section: The
name, address, date of birth, gender of the applicant, the
driver's license number, the date on which the application for
voter registration or transfer was submitted, and the location
of the office at which the application was submitted.
(3) The voter registration forms from the driver's licensing facilities must be forwarded to the county in which the
applicant has registered to vote no later than ten days after the
date on which the forms were to be collected.
(4) For a voter registration application where the address
for voting purposes is different from the address in the
machine-readable file received from the department of
licensing, the secretary of state shall amend the record of that
application in the machine-readable file to reflect the county
in which the applicant has registered to vote.
(5) The secretary of state shall sort the records in the
machine-readable file according to the county in which the
applicant registered to vote and produce a file of voter regis-
Voters and Registration
tration transactions for each county. The records of each
county may be transmitted on or through whatever medium
the county auditor determines will best facilitate the incorporation of these records into the existing voter registration files
of that county.
(6) The secretary of state shall produce a list of voter registration transactions for each county and transmit a copy of
this list to that county with each file of voter registration
transactions no later than ten days after the date on which that
information was to be transmitted under subsection (1) of this
section.
(7) If a registrant has indicated on the voter registration
application form that he or she is registered to vote in another
county in Washington but has also provided an address
within the auditor's county that is for voter registration purposes, the auditor shall send, on behalf of the registrant, a registration cancellation notice to the auditor of that other county
and the auditor receiving the notice shall cancel the registrant's voter registration in that other county. If the registrant
has indicated on the form that he or she is registered to vote
within the county but has provided a new address within the
county that is for voter registration purposes, the auditor shall
transfer the voter's registration. [2003 c 111 § 226; 1994 c 57
§ 22; 1990 c 143 § 2. Formerly RCW 29.07.270.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Effective date—1990 c 143 §§ 1-8: See note following RCW
29A.08.340.
29A.08.360
29A.08.360 Address changes at department of licensing. (Effective July 1, 2004.) (1) The department of licensing shall provide information on all persons changing their
address on change of address forms submitted to the department unless the voter has indicated that the address change is
not for voting purposes. This information will be transmitted
to the secretary of state each week in a machine-readable file
containing the following information on persons changing
their address: The name, address, date of birth, gender of the
applicant, the applicant's driver's license number, the applicant's former address, the county code for the applicant's
former address, and the date that the request for address
change was received.
(2) The secretary of state shall forward this information
to the appropriate county each week. When the information
indicates that the voter has moved within the county, the
county auditor shall use the change of address information to
transfer the voter's registration and send the voter an
acknowledgement notice of the transfer. If the information
indicates that the new address is outside the voter's original
county, the county auditor shall send the voter a registration
by mail form at the voter's new address and advise the voter
of the need to reregister in the new county. The auditor shall
then place the voter on inactive status. [2003 c 111 § 227.]
TRANSFERS AND NAME CHANGES
29A.08.410
29A.08.410 Address change within county—Transfer by telephone. (Effective July 1, 2004.) To maintain a
valid voter registration, a registered voter who changes his or
her residence from one address to another within the same
county shall transfer his or her registration to the new address
29A.08.430
in one of the following ways: (1) Sending to the county auditor a signed request stating the voter's present address and the
address from which the voter was last registered; (2) appearing in person before the auditor and signing such a request;
(3) transferring the registration in the manner provided by
RCW 29A.08.430; or (4) telephoning the county auditor to
transfer the registration. The telephone call transferring a
registration by telephone must be received by the auditor
before the precinct registration files are closed to new registrations for the next primary or special or general election in
which the voter participates. [2003 c 111 § 228; 1994 c 57 §
35; 1991 c 81 § 23; 1975 1st ex.s. c 184 § 2; 1971 ex.s. c 202
§ 24; 1965 c 9 § 29.10.020. Prior: 1955 c 181 § 4; prior:
1933 c 1 § 14, part; RRS § 5114-14, part; prior: 1919 c 163
§ 9, part; 1915 c 16 § 9, part; 1889 p 417 § 12, part; RRS §
5129, part. Formerly RCW 29.10.020.]
Severability—1994 c 57: See note following RCW 10.64.021.
Effective date—1991 c 81: See note following RCW 29A.84.540.
Severability—1975 1st ex.s. c 184: See note following RCW
29A.08.135.
29A.08.420
29A.08.420 Reregistration on transfer to another
county. (Effective July 1, 2004.) A registered voter who
changes his or her residence from one county to another
county, shall be required to register anew. The voter shall
sign an authorization to cancel his or her current registration.
An authorization to cancel a voter's registration must be forwarded promptly to the county auditor of the county in which
the voter was previously registered. The county auditor of
the county where the previous registration was made shall
cancel the registration of the voter if it appears that the signatures in the registration record and on the cancellation authorization form were made by the same person. [2003 c 111 §
229; 1999 c 100 § 3; 1994 c 57 § 36; 1991 c 81 § 24; 1977
ex.s. c 361 § 26; 1971 ex.s. c 202 § 26; 1965 c 9 § 29.10.040.
Prior: 1933 c 1 § 15; RRS § 5114-15. Formerly RCW
29.10.040.]
Severability—1994 c 57: See note following RCW 10.64.021.
Effective date—1991 c 81: See note following RCW 29A.84.540.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.08.430
29A.08.430 Transfer on election day. (Effective July
1, 2004.) (1) A person who is registered to vote in this state
may transfer his or her voter registration on the day of a special or general election or primary under the following procedures:
(a) The voter may complete, at the polling place, a registration transfer form designed by the secretary of state and
supplied by the county auditor; or
(b) The voter may write in his or her new residential
address in the precinct list of registered voters.
The county auditor shall determine which of these two
procedures are to be used in the county or may determine that
both procedures are to be available to voters for use in the
county.
(2) A voter who transfers his or her registration in the
manner authorized by this section shall vote in the precinct in
which he or she was previously registered.
[2003 RCW Supp—page 313]
29A.08.440
Title 29A RCW: Elections
(3) The auditor shall, within ninety days, mail to each
voter who has transferred a registration under this section a
notice of his or her current precinct and polling place. [2003
c 111 § 230. Prior: 1991 c 81 § 28; 1979 c 96 § 1. Formerly
RCW 29.10.170.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.08.440
29A.08.440 Voter name change. (Effective July 1,
2004.) To maintain a valid voter registration, a person who
changes his or her name shall notify the county auditor
regarding the name change in one of the following ways: (1)
By sending the auditor a notice clearly identifying the name
under which he or she is registered to vote, the voter's new
name, and the voter's residence. Such a notice must be signed
by the voter using both this former name and the voter's new
name; (2) by appearing in person before the auditor or a registration assistant and signing such a change-of-name notice;
(3) by signing such a change-of-name notice at the voter's
precinct polling place on the day of a primary or special or
general election; (4) by properly executing a name change on
a mail-in registration application or a prescribed state agency
application.
A properly registered voter who files a change-of-name
notice at the voter's precinct polling place during a primary or
election and who desires to vote at that primary or election
shall sign the poll book using the voter's former and new
names in the same manner as is required for the change-ofname notice. [2003 c 111 § 231; 1994 c 57 § 37; 1991 c 81 §
25. Formerly RCW 29.10.051.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Effective date—1991 c 81: See note following RCW 29A.84.540.
CANCELLATIONS
29A.08.510
29A.08.510 Death. (Effective July 1, 2004.) In addition to case-by-case maintenance under RCW 29A.08.620
and 29A.08.630 and the general program of maintenance of
voter registration lists under RCW 29A.08.605, deceased
voters will be canceled from voter registration lists as follows:
(1) Every month, the registrar of vital statistics of the
state shall prepare a separate list of persons who resided in
each county, for whom a death certificate was transmitted to
the registrar and was not included on a previous list, and shall
supply the appropriate list to each county auditor.
A county auditor shall compare this list with the registration records and cancel the registrations of deceased voters
within at least forty-five days before the next primary or election held in the county after the auditor receives the list.
(2) In addition, the county auditor may also use newspaper obituary articles as a source of information in order to
cancel a voter's registration. The auditor must verify the
identity of the voter by matching the voter's date of birth or an
address. The auditor shall record the date and source of the
obituary in the cancellation records.
(3) In addition, any registered voter may sign a statement, subject to the penalties of perjury, to the effect that to
his or her personal knowledge or belief another registered
voter is deceased. This statement may be filed with the
county auditor. Upon the receipt of such signed statement,
[2003 RCW Supp—page 314]
the county auditor shall cancel the registration records concerned and so notify the secretary of state. [2003 c 111 § 232;
1999 c 100 § 1; 1994 c 57 § 41; 1983 c 110 § 1; 1971 ex.s. c
202 § 29; 1965 c 9 § 29.10.090. Prior: 1961 c 32 § 1; 1933 c
1 § 20; RRS § 5114-20. Formerly RCW 29.10.090.]
Severability—1994 c 57: See note following RCW 10.64.021.
29A.08.520
29A.08.520 Felony conviction. (Effective July 1,
2004.) Upon receiving official notice of a person's conviction of a felony in either state or federal court, if the convicted
person is a registered voter in the county, the county auditor
shall cancel the defendant's voter registration. [2003 c 111 §
233. Prior: 1994 c 57 § 42. Formerly RCW 29.10.097.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Restoration of civil rights: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260,
chapter 9.96 RCW.
29A.08.530
29A.08.530 Weekly report of cancellations and name
changes. (Effective July 1, 2004.) Once each week after the
cancellation of the registration of any voter or the change of
name of a voter, each county auditor shall certify all cancellations or name changes to the secretary of state. The certificate shall set forth the name of each voter whose registration
has been canceled or whose name was changed, and the
county, city or town, and precinct in which the voter was registered. A county may be exempted from this requirement by
entering into an interlocal agreement with the secretary of
state. [2003 c 111 § 234; 1999 c 298 § 8; 1994 c 57 § 43;
1971 ex.s. c 202 § 31; 1965 c 9 § 29.10.100. Prior: 1933 c 1
§ 13, part; RRS § 5114-13, part. Formerly RCW 29.10.100.]
Severability—1994 c 57: See note following RCW 10.64.021.
29A.08.540
29A.08.540 Record of cancellations. (Effective July 1,
2004.) Every county auditor shall carefully preserve in a separate file or list the registration records of persons whose
voter registrations have been canceled as authorized under
this title. The files or lists shall be kept in the manner prescribed by rule by the secretary of state. Information from
such canceled registration records is available for public
inspection and copying to the same extent established by
RCW 29A.08.710 for other voter registration information.
The county auditor may destroy the voter registration
information and records of any person whose voter registration has been canceled for a period of two years or more.
[2003 c 111 § 235. Prior: 1991 c 81 § 26; 1971 ex.s. c 202 §
32; 1965 ex.s. c 156 § 1; 1965 c 9 § 29.10.110; prior: 1961 c
32 § 2; 1947 c 85 § 5; 1933 c 1 § 21; Rem. Supp. 1947 §
5114-21. Formerly RCW 29.10.110.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
LIST MAINTENANCE
29A.08.605
29A.08.605 Registration list maintenance. (Effective
July 1, 2004.) In addition to the case-by-case maintenance
required under RCW 29A.08.620 and 29A.08.630 and the
canceling of registrations under RCW 29A.08.510, the
county auditor shall establish a general program of voter registration list maintenance. This program must be a thorough
review that is applied uniformly throughout the county and
Voters and Registration
must be nondiscriminatory in its application. Any program
established must be completed at least once every two years
and not later than ninety days before the date of a primary or
general election for federal office. The county may fulfill its
obligations under this section in one of the following ways:
(1) The county auditor may enter into one or more contracts with the United States postal service, or its licensee,
which permit the auditor to use postal service change-ofaddress information. If the auditor receives change of
address information from the United States postal service that
indicates that a voter has changed his or her residence address
within the county, the auditor shall transfer the registration of
that voter and send a confirmation notice informing the voter
of the transfer to the new address. If the auditor receives
postal change of address information indicating that the voter
has moved out of the county, the auditor shall send a confirmation notice to the voter and advise the voter of the need to
reregister in the new county. The auditor shall place the
voter's registration on inactive status;
(2) A direct, nonforwardable, nonprofit or first-class
mailing to every registered voter within the county bearing
the postal endorsement "Return Service Requested." If
address correction information for a voter is received by the
county auditor after this mailing, the auditor shall place that
voter on inactive status and shall send to the voter a confirmation notice;
(3) Any other method approved by the secretary of state.
[2003 c 111 § 236. Prior: 1999 c 100 § 2; 1994 c 57 § 44;
prior: 1993 c 434 § 10; 1993 c 417 § 8; 1991 c 363 § 31; 1989
c 261 § 1; 1987 c 359 § 1. Formerly RCW 29.10.180.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
29A.08.610
29A.08.610 Dual registration or voting detection.
(Effective July 1, 2004.) In addition to the case-by-case cancellation procedure required in RCW 29A.08.420, the county
auditor, in conjunction with the office of the secretary of
state, shall participate in an annual list maintenance program
designed to detect persons registered in more than one county
or voting in more than one county in an election. This program must be applied uniformly throughout the county and
must be nondiscriminatory in its application. The program
must be completed not later than thirty days before the date of
a primary or general election.
The office of the secretary of state shall cause to be created a list of registered voters with the same date of birth and
similar names who appear on two or more county lists of registered voters. The office of the secretary of state shall forward this list to each county auditor so that they may properly
cancel the previous registration of voters who have subsequently registered in a different county. The county auditor
of the county where the previous registration was made shall
cancel the registration of the voter if it appears that the signatures in the registration and the signature provided to the new
county on the voter's new registration were made by the same
person.
If a voter is suspected of voting in two or more counties
in an election, the county auditors in each county shall cooperate without delay to determine the voter's county of resi-
29A.08.625
dence. The county auditor of the county of residence of the
voter suspected of voting in two or more counties shall take
action under RCW 29A.84.010 without delay. [2003 c 111 §
237; 2001 c 41 § 10; 1999 c 100 § 4. Formerly RCW
29.10.185.]
29A.08.615
29A.08.615 "Active," "inactive" registered voters.
(Effective July 1, 2004.) Registered voters are divided into
two categories, "active" and "inactive." All registered voters
are classified as active, unless assigned to inactive status by
the county auditor. [2003 c 111 § 238. Prior: 1994 c 57 § 34.
Formerly RCW 29.10.015.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.08.620
29A.08.620 Assignment of voter to inactive status—
Confirmation notice. (Effective July 1, 2004.) (1) A
county auditor shall assign a registered voter to inactive status and shall send the voter a confirmation notice if any of the
following documents are returned by the postal service as
undeliverable:
(a) An acknowledgement of registration;
(b) An acknowledgement of transfer to a new address;
(c) A vote-by-mail ballot, absentee ballot, or application
for a ballot;
(d) Notification to a voter after precinct reassignment;
(e) Notification to serve on jury duty; or
(f) Any other document other than a confirmation notice,
required by statute, to be mailed by the county auditor to the
voter.
(2) A county auditor shall also assign a registered voter
to inactive status and shall send the voter a confirmation
notice:
(a) Whenever change of address information received
from the department of licensing under RCW 29A.08.350, or
by any other agency designated to provide voter registration
services under *RCW 29.07.420, indicates that the voter has
moved to an address outside the county; or
(b) If the auditor receives postal change of address information under RCW 29A.08.605, indicating that the voter has
moved out of the county. [2003 c 111 § 239. Prior: 1994 c
57 § 38. Formerly RCW 29.10.071.]
*Reviser's note: RCW 29.07.420 was repealed by 2003 c 111 § 2404,
effective July 1, 2004. Registration agencies are now designated under
RCW 29A.08.310.
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.08.625
29A.08.625 Voting by inactive or canceled voters.
(Effective July 1, 2004.) (1) A voter whose registration has
been made inactive under this chapter and who offers to vote
at an ensuing election before two federal elections have been
held must be allowed to vote a regular ballot and the voter's
registration restored to active status.
(2) A voter whose registration has been properly canceled under this chapter shall vote a provisional ballot. The
voter shall mark the provisional ballot in secrecy, the ballot
placed in a security envelope, the security envelope placed in
a provisional ballot envelope, and the reasons for the use of
the provisional ballot noted.
[2003 RCW Supp—page 315]
29A.08.630
Title 29A RCW: Elections
(3) Upon receipt of such a voted provisional ballot the
auditor shall investigate the circumstances surrounding the
original cancellation. If he or she determines that the cancellation was in error, the voter's registration must be immediately reinstated, and the voter's provisional ballot must be
counted. If the original cancellation was not in error, the
voter must be afforded the opportunity to reregister at his or
her correct address, and the voter's provisional ballot must
not be counted. [2003 c 111 § 240; 1994 c 57 § 47. Formerly
RCW 29.10.220.]
fer of voter registration information between county auditors
and the office of the secretary of state. The format must be
prescribed by rule and contain at least the following information: Voter name, address, date of birth, date of registration,
mailing address, legislative and congressional district, and
digitized signature image. Each county shall program its
voter registration system to convert this data from the
county's storage format into the state transfer format. [2003
c 111 § 244; 1999 c 100 § 5. Formerly RCW 29.10.230.]
29A.08.650
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.08.630
29A.08.630 Return of inactive voter to active status—Cancellation of registration. (Effective July 1, 2004.)
The county auditor shall return an inactive voter to active
voter status if, during the period beginning on the date the
voter was assigned to inactive status and ending on the day of
the second general election for federal office that occurs after
the date that the voter was sent a confirmation notice, the
voter: Notifies the auditor of a change of address within the
county; responds to a confirmation notice with information
that the voter continues to reside at the registration address;
votes or attempts to vote in a primary or a special or general
election and resides within the county; or signs any petition
authorized by statute for which the signatures are required by
law to be verified by the county auditor. If the inactive voter
fails to provide such a notice or take such an action within
that period, the auditor shall cancel the person's voter registration. [2003 c 111 § 241. Prior: 1994 c 57 § 39. Formerly
RCW 29.10.075.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.08.635
29A.08.635 Confirmation notices—Form, contents.
(Effective July 1, 2004.) Confirmation notices must be on a
form prescribed by, or approved by, the secretary of state and
must request that the voter confirm that he or she continues to
reside at the address of record and desires to continue to use
that address for voting purposes. The notice must inform the
voter that if the voter does not respond to the notice and does
not vote in either of the next two federal elections, his or her
voter registration will be canceled. [2003 c 111 § 242. Prior:
1994 c 57 § 45. Formerly RCW 29.10.200.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.08.640
29A.08.640 Confirmation notice—Response, auditor's action. (Effective July 1, 2004.) If the response to the
confirmation notice provides the county auditor with the
information indicating that the voter has moved within the
county, the auditor shall transfer the voter's registration. If
the response indicates that the voter has left the county, the
auditor shall cancel the voter's registration. [2003 c 111 §
243. Prior: 1994 c 57 § 46. Formerly RCW 29.10.210.]
29A.08.650 Voter registration data base. (Effective
July 1, 2004, until January 1, 2005.) (1) The office of the
secretary of state shall work in conjunction with the county
auditors of the state of Washington to initiate the creation of
a statewide voter registration data base. The secretary of
state shall identify a group of voter registration experts whose
responsibility will be to work on a design for the voter registration data base system.
(2) Among the intended goals the voter registration data
base must be designed to accomplish at a minimum, are the
following:
(a) Identify duplicate voter registrations;
(b) Identify suspected duplicate voters;
(c) Screen against the department of corrections data
base to aid in the cancellation of voter registration of felons;
(d) Provide up-to-date signatures of voters for the purposes of initiative signature checking;
(e) Provide for a comparison between the voter registration data base and the department of licensing change of
address data base;
(f) Provide online access for county auditors with the
goal of real time duplicate checking and update capabilities,
if sufficient funds are available;
(g) Provide for the cancellation of voter registration for
persons who have moved to other states and surrendered their
Washington state drivers' licenses;
(h) Ensure that each county shall maintain legal control
of the registration records for that county. [2003 c 111 § 245;
2002 c 21 § 2. Formerly RCW 29.04.250.]
Expiration date—2003 c 111 § 245: "RCW 29.04.250 and 2002 c 21 s
2 and section 245 of this act expire January 1, 2005." [2003 c 111 § 2403.]
Finding—2002 c 21: "The legislature recognizes that national task
forces studying election issues have identified statewide voter registration
systems as important tools for protecting the integrity of elections, and it is
likely that federal funds will be made available for states that employ statewide voter registration systems. Therefore, the legislature finds a need for
the state of Washington to begin the process of creating such a system."
[2002 c 21 § 1.]
Effective date—2002 c 21: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect May 1, 2002."
[2002 c 21 § 3.]
Expiration date—2002 c 21: "This act expires January 1, 2005."
[2002 c 21 § 4.]
PUBLIC ACCESS TO REGISTRATION RECORDS
29A.08.710
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.08.645
29A.08.645 Electronic file format. (Effective July 1,
2004.) The secretary of state shall create a standard electronic file format (state transfer form) to be used for the trans[2003 RCW Supp—page 316]
29A.08.710 Originals and automated files. (Effective
July 1, 2004.) (1) The county auditor shall have custody of
the voter registration records for each county. The original
voter registration form must be filed without regard to precinct and is considered confidential and unavailable for public inspection and copying. An automated file of all regis-
Voters and Registration
tered voters must be maintained pursuant to RCW
29A.08.125. An auditor may maintain the automated file in
lieu of filing or maintaining the original voter registration
forms if the automated file includes all of the information
from the original voter registration forms including, but not
limited to, a retrievable facsimile of each voter's signature.
(2) The following information contained in voter registration records or files regarding a voter or a group of voters
is available for public inspection and copying: The voter's
name, gender, voting record, date of registration, and registration number. The address and political jurisdiction of a
registered voter are available for public inspection and copying except as provided by chapter 40.24 RCW. No other
information from voter registration records or files is available for public inspection or copying. [2003 c 111 § 246;
1994 c 57 § 17; 1991 c 81 § 21; 1971 ex.s. c 202 § 17; 1965 c
9 § 29.07.130. Prior: 1933 c 1 § 13, part; RRS § 5114-13,
part. Formerly RCW 29.07.130.]
Severability—1994 c 57: See note following RCW 10.64.021.
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.08.720
29A.08.720 Registration, voting records—As public
records—Information furnished—Restrictions, confidentiality. (Effective July 1, 2004.) (1) In the case of voter registration records received through the department of licensing, the identity of the office at which any particular individual registered to vote is not available for public inspection
and shall not be disclosed to the public. In the case of voter
registration records received through an agency designated
under *RCW 29.07.420, the identity of the agency at which
any particular individual registered to vote is not available for
public inspection and shall not be disclosed to the public.
Any record of a particular individual's choice not to register
to vote at an office of the department of licensing or a state
agency designated under *RCW 29.07.420 is not available
for public inspection and any information regarding such a
choice by a particular individual shall not be disclosed to the
public.
(2) All poll books or current lists of registered voters,
except original voter registration forms or their images, shall
be public records and be made available for inspection under
such reasonable rules and regulations as the county auditor
may prescribe. The county auditor shall promptly furnish
current lists or mailing labels of registered voters in his or her
possession, at actual reproduction cost, to any person requesting such information. The lists and labels shall not be used
for the purpose of mailing or delivering any advertisement or
offer for any property, establishment, organization, product,
or service or for the purpose of mailing or delivering any
solicitation for money, services, or anything of value. However, the lists and labels may be used for any political purpose. [2003 c 111 § 247; 1994 c 57 § 5; 1975-'76 2nd ex.s. c
46 § 1; 1974 ex.s. c 127 § 2; 1973 1st ex.s. c 111 § 2; 1971
ex.s. c 202 § 3; 1965 ex.s. c 156 § 6. Formerly RCW
29.04.100.]
*Reviser's note: RCW 29.07.420 was repealed by 2003 c 111 § 2404,
effective July 1, 2004. Registration agencies are now designated under
RCW 29A.08.310.
Severability—1994 c 57: See note following RCW 10.64.021.
Forms, secretary of state to design—Availability to public: RCW
29A.08.850.
29A.08.740
Signature required to vote—Procedure if voter unable to sign name: RCW
29A.44.210.
29A.08.730
29A.08.730 Registration, voting—Furnishing data
upon request—Cost—Use restricted. (Effective July 1,
2004.) Except original voter registration forms or their
images, a reproduction of any form of data storage, in the
custody of the county auditor, including poll books and precinct lists of registered voters, magnetic tapes or discs,
punched cards, and any other form of storage of such books
and lists, shall at the written request of any person be furnished to him or her by the county auditor pursuant to such
reasonable rules and regulations as the county auditor may
prescribe, and at a cost equal to the county's actual cost in
reproducing such form of data storage. Any data contained in
a form of storage furnished under this section shall not be
used for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization,
product or service or for the purpose of mailing or delivering
any solicitation for money, services or anything of value.
However, the data may be used for any political purpose.
Whenever the county auditor furnishes any form of data storage under this section, he or she shall also furnish the person
receiving the same with a copy of RCW 29A.08.740. [2003
c 111 § 248; 1994 c 57 § 6; 1973 1st ex.s. c 111 § 3. Formerly
RCW 29.04.110.]
Severability—1994 c 57: See note following RCW 10.64.021.
29A.08.740
29A.08.740 Violations of restricted use of registered
voter data—Penalties—Liabilities. (Effective July 1,
2004.) (1) Any person who uses registered voter data furnished under RCW 29A.08.720 or 29A.08.730 for the purpose of mailing or delivering any advertisement or offer for
any property, establishment, organization, product, or service
or for the purpose of mailing or delivering any solicitation for
money, services, or anything of value is guilty of a class C
felony punishable by imprisonment in a state correctional
facility for a period of not more than five years or a fine of not
more than ten thousand dollars or both such fine and imprisonment, and is liable to each person provided such advertisement or solicitation, without the person's consent, for the nuisance value of such person having to dispose of it, which
value is herein established at five dollars for each item mailed
or delivered to the person's residence. However, a person
who mails or delivers any advertisement, offer, or solicitation
for a political purpose is not liable under this section unless
the person is liable under subsection (2) of this section. For
purposes of this subsection, two or more attached papers or
sheets or two or more papers that are enclosed in the same
envelope or container or are folded together are one item.
Merely having a mailbox or other receptacle for mail on or
near the person's residence is not an indication that the person
consented to receive the advertisement or solicitation. A
class action may be brought to recover damages under this
section, and the court may award a reasonable attorney's fee
to any party recovering damages under this section.
(2) Each person furnished data under RCW 29A.08.720
or 29A.08.730 shall take reasonable precautions designed to
assure that the data is not used for the purpose of mailing or
delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose
[2003 RCW Supp—page 317]
29A.08.750
Title 29A RCW: Elections
of mailing or delivering any solicitation for money, services,
or anything of value. However, the data may be used for any
political purpose. Where failure to exercise due care in carrying out this responsibility results in the data being used for
such purposes, then such person is jointly and severally liable
for damages under subsection (1) of this section along with
any other person liable under subsection (1) of this section for
the misuse of such data. [2003 c 111 § 249; 2003 c 53 § 176;
1999 c 298 § 2; 1992 c 7 § 32; 1974 ex.s. c 127 § 3; 1973 1st
ex.s. c 111 § 4. Formerly RCW 29.04.120.]
Reviser's note: This section was amended by 2003 c 53 § 176 and by
2003 c 111 § 249, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
29A.08.750
29A.08.750 Computer file of registered voters—
County records to secretary of state—Reimbursement.
(Effective July 1, 2004.) (1) No later than June 15th or
November 15th, any political party organization or any other
individual may request in writing from the secretary of state
to receive a copy of the subsequent statewide computer file of
registered voters compiled under subsection (2) of this section. At the time it makes this request, the political party or
individual shall deposit sufficient funds with the secretary of
state to pay for the cost of assembling, compiling, and distributing the computer file of registered voters and shall agree to
the statutory restrictions regarding the commercial use of this
data.
(2) Not earlier than January 1st or July 1st subsequent to
the receipt of a request and deposit under subsection (1) of
this section, each county auditor shall provide to the secretary
of state, or a data processing agency designated by the secretary of state, a duplicate computer tape or data file of the
records of the registered voters in that county, containing the
information specified in RCW 29A.08.125. The secretary of
state shall reimburse each county for the actual cost of reproduction and mailing of the duplicate computer tape or data
file. [2003 c 111 § 250. Prior: 1993 c 441 § 1; 1975-'76 2nd
ex.s. c 46 § 2. Formerly RCW 29.04.150.]
Effective date—1993 c 441: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 441 § 3.]
29A.08.760
29A.08.760 Computer file—Duplicate copy—
Restrictions and penalties. (Effective July 1, 2004.) As
soon as any or all of the voter registration data from the counties has been received under RCW 29A.08.750 and processed, the secretary of state shall provide a duplicate copy of
this data to the political party organization or other individual
making the request, at cost, shall provide a duplicate copy of
the master statewide computer tape or data file of registered
voters to the statute law committee without cost, and shall
provide a duplicate copy of the master statewide computer
tape or electronic data file of registered voters to the department of information services for purposes of creating the jury
source list without cost. Restrictions as to the commercial
use of the information on the statewide computer tape or data
file of registered voters, and penalties for its misuse, shall be
the same as provided in RCW 29A.08.730 and 29A.08.740.
[2003 RCW Supp—page 318]
[2003 c 111 § 251; 1995 c 135 § 2. Prior: 1993 c 441 § 2;
1993 c 408 § 10; 1977 ex.s. c 226 § 1; 1975-'76 2nd ex.s. c 46
§ 3. Formerly RCW 29.04.160.]
Intent—1995 c 135: "The only intent of the legislature in this act is to
correct multiple amendments and delete obsolete provisions. It is not the
intent of the legislature to change the substance or effect of any presently
effective statute." [1995 c 135 § 1.]
Effective date—1993 c 441: See note following RCW 29A.08.750.
Severability—Effective dates—1993 c 408: See notes following
RCW 2.36.054.
29A.08.770
29A.08.770 Records concerning accuracy and currency of voters lists. (Effective July 1, 2004.) Each county
auditor shall maintain for at least two years and shall make
available for public inspection and copying all records concerning the implementation of programs and activities conducted for the purpose of insuring the accuracy and currency
of official lists of eligible voters. These records must include
lists of the names and addresses of all persons to whom
notices are sent and information concerning whether or not
each person has responded to the notices. These records must
contain lists of all persons removed from the list of eligible
voters and the reasons why the voters were removed. [2003
c 111 § 252. Prior: 1994 c 57 § 7. Formerly RCW
29.04.240.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
CHALLENGES
29A.08.810
29A.08.810 Initiation. (Effective July 1, 2004.) Registration of a person as a voter is presumptive evidence of his
or her right to vote at any primary or election, general or special. A person's right to vote may be challenged at the polls
only by a precinct judge or inspector. A challenge may be
made only upon the belief or knowledge of the challenging
officer that the voter is unqualified. The challenge must be
supported by evidence or testimony given to the county canvassing board under RCW 29A.08.820 and may not be based
on unsupported allegations or allegations by anonymous third
parties. The identity of the challenger, and any third person
involved in the challenge, shall be public record and shall be
announced at the time the challenge is made.
Challenges initiated by a registered voter must be filed
not later than the day before any primary or election, general
or special, at the office of the appropriate county auditor. A
challenged voter may properly transfer or reregister until
three days before the primary or election, general or special,
by applying personally to the county auditor. Challenges
may also be initiated by the office of the county prosecuting
attorney and must be filed in the same manner as challenges
initiated by a registered voter. [2003 c 111 § 253. Prior:
2001 c 41 § 9; 1987 c 288 § 1; 1983 1st ex.s. c 30 § 2. Formerly RCW 29.10.125.]
Right to vote
loss of: State Constitution Art. 6 § 3, RCW 11.88.010, 11.88.090.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
29A.08.820
29A.08.820 Voting by person challenged—Burden of
proof, procedures. (Effective July 1, 2004.) When the right
of a person has been challenged under RCW 29A.08.810 or
Voters and Registration
29A.08.830(2), the challenged person shall be permitted to
vote a ballot which shall be placed in a sealed envelope separate from other voted ballots. In precincts where voting
machines are used, any person whose right to vote is challenged under RCW 29A.08.810 or 29A.08.830(2) shall be
furnished a paper ballot, which shall be placed in a sealed
envelope after being marked. Included with the challenged
ballot shall be (1) an affidavit filed under RCW 29A.08.830
challenging the person's right to vote or (2) an affidavit
signed by the precinct election officer and any third party
involved in the officer's challenge and stating the reasons the
voter is being challenged. The sealed ballots of challenged
voters shall be transmitted at the close of the election to the
canvassing board or other authority charged by law with canvassing the returns of the particular primary or election. The
county auditor shall notify the challenger and the challenged
voter, by certified mail, of the time and place at which the
county canvassing board will meet to rule on challenged ballots. If the challenge is made by a precinct election officer
under RCW 29A.08.810, the officer must appear in person
before the board unless he or she has received written authorization from the canvassing board to submit an affidavit supporting the challenge. If the challenging officer has based his
or her challenge upon evidence provided by a third party, that
third party must appear with the challenging officer before
the canvassing board, unless he or she has received written
authorization from the canvassing board to submit an affidavit supporting the challenge. If the challenge is filed under
RCW 29A.08.830, the challenger must either appear in person before the board or submit an affidavit supporting the
challenge. The challenging party must prove to the canvassing board by clear and convincing evidence that the challenged voter's registration is improper. If the challenging
party fails to meet this burden, the challenged ballot shall be
accepted as valid and counted. The canvassing board shall
give the challenged voter the opportunity to present testimony, either in person or by affidavit, and evidence to the
canvassing board before making their determination. All
challenged ballots must be determined no later than the time
of canvassing for the particular primary or election. The
decision of the canvassing board or other authority charged
by law with canvassing the returns shall be final. Challenges
of absentee ballots shall be determined according to RCW
29A.40.140. [2003 c 111 § 254; 1987 c 288 § 2; 1983 1st
ex.s. c 30 § 3. Formerly RCW 29.10.127.]
Right to vote
loss of: State Constitution Art. 6 § 3, RCW 11.88.010, 11.88.090.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
29A.08.830
29A.08.830 Affidavit—Administration, notice of
challenge. (Effective July 1, 2004.) (1) Any registered voter
may request that the registration of another voter be canceled
if he or she believes that the voter does not meet the requirements of Article VI, section 1 of the state Constitution or that
voter no longer maintains a legal voting residence at the
address shown on his or her registration record. The challenger shall file with the county auditor a signed affidavit
subject to the penalties of perjury, to the effect that to his or
her personal knowledge and belief another registered voter
does not actually reside at the address as given on his or her
29A.08.840
registration record or is otherwise not a qualified voter and
that the voter in question is not protected by the provisions of
Article VI, section 4, of the Constitution of the state of Washington. The person filing the challenge must furnish the
address at which the challenged voter actually resides.
(2) Any such challenge of a voter's registration and right
to vote made less than thirty days before a primary or election, special or general, shall be administered under RCW
29A.08.820. The county auditor shall notify the challenged
voter and the precinct election officers in the voter's precinct
that a challenge has been filed, provide the name of the challenger, and instruct both the precinct election officers and the
voter that, in the event the challenged voter desires to vote at
the ensuing primary or election, a challenged ballot will be
provided. The voter shall also be informed that the status of
his or her registration and the disposition of any challenged
ballot will be determined by the county canvassing board in
the manner provided by RCW 29A.08.820. If the challenged
voter does not vote at the ensuing primary or election, the
challenge shall be processed in the same manner as challenges made more than thirty days prior to the primary or
election under RCW 29A.08.840. [2003 c 111 § 255. Prior:
1987 c 288 § 3; 1983 1st ex.s. c 30 § 4; 1967 c 225 § 2; 1965
ex.s. c 156 § 2. Formerly RCW 29.10.130.]
29A.08.840
29A.08.840 Procedure before cancellation. (Effective
July 1, 2004.) All challenges of voter registration under
RCW 29A.08.830 made thirty days or more before a primary
or election, general or special, shall be delivered to the appropriate county auditor who shall notify the challenged voter,
by certified mail, that his or her voter registration has been
challenged.
The notification shall be mailed to the address at which
the challenged voter is registered, any address provided by
the challenger under RCW 29A.08.830, and to any other
address at which the individual whose registration is being
challenged is alleged to reside or at which the county auditor
would reasonably expect that individual to receive notice of
the challenge of his or her voter registration. Included in the
notification shall be a request that the challenged voter
appear at a hearing to be held within ten days of the mailing
of the request, at the place, day, and hour stated, in order to
determine the validity of his or her registration. The challenger shall be provided with a copy of this notification and
request. If either the challenger or the challenged voter is
unable to appear in person, he or she may file a reply by
means of an affidavit stating under oath the reasons he or she
believes the registration to be invalid or valid.
If both the challenger and the challenged voter file affidavits instead of appearing in person, an evaluation of the
affidavits by the county auditor constitutes a hearing for the
purposes of this section.
The county auditor shall hold a hearing at which time
both parties may present their facts and arguments. After
reviewing the facts and arguments, including any evidence
submitted by either side, the county auditor shall rule as to the
validity or invalidity of the challenged registration. His or
her ruling is final subject only to a petition for judicial review
by the superior court under chapter 34.05 RCW. If either
party, or both parties, fail to appear at the meeting or fail to
file an affidavit, the county auditor shall determine the status
[2003 RCW Supp—page 319]
29A.08.850
Title 29A RCW: Elections
of the registration based on his or her evaluation of the available facts. [2003 c 111 § 256. Prior: 1987 c 288 § 4; 1983
1st ex.s. c 30 § 5; 1971 ex.s. c 202 § 34; 1967 c 225 § 3; 1965
ex.s. c 156 § 3. Formerly RCW 29.10.140.]
29A.08.850
29A.08.850 Challenge of registration—Forms, availability. (Effective July 1, 2004.) The secretary of state as
chief elections officer shall cause appropriate forms to be
designed to carry out the provisions of RCW 29A.08.830 and
29A.08.840. The county auditors and registration assistants
shall have such forms available. Further, a reasonable supply
of such forms shall be at each polling place on the day of a
primary or election, general or special. [2003 c 111 § 257;
1991 c 81 § 27; 1971 ex.s. c 202 § 35; 1965 ex.s. c 156 § 4.
Formerly RCW 29.10.150.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
Chapter 29A.12
Chapter 29A.12 RCW
VOTING SYSTEMS
of each county. [2003 c 111 § 302. Prior: 1990 c 59 § 18;
1982 c 40 § 1. Formerly RCW 29.33.041.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Severability—1982 c 40: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1982 c 40 § 11.]
29A.12.030
29A.12.030 Submitting system or component for
examination. (Effective July 1, 2004.) The manufacturer or
distributor of a voting system or component of a voting system may submit that system or component to the secretary of
state for examination under RCW 29A.12.020. [2003 c 111
§ 303. Prior: 1990 c 59 § 19; 1982 c 40 § 2. Formerly RCW
29.33.051.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Severability—1982 c 40: See note following RCW 29A.12.020.
29A.12.040
Sections
29A.12.010
29A.12.020
29A.12.030
29A.12.040
29A.12.050
29A.12.060
29A.12.070
29A.12.080
29A.12.090
29A.12.100
29A.12.110
29A.12.120
29A.12.130
29A.12.140
29A.12.150
Authority for use. (Effective July 1, 2004.)
Inspection and test by secretary of state—Report. (Effective
July 1, 2004.)
Submitting system or component for examination. (Effective July 1, 2004.)
Independent evaluation. (Effective July 1, 2004.)
Approval required—Modification. (Effective July 1, 2004.)
Maintenance and operation. (Effective July 1, 2004.)
Acceptance test. (Effective July 1, 2004.)
Requirements for approval. (Effective July 1, 2004.)
Single district and precinct. (Effective July 1, 2004.)
Requirements of tallying systems for approval. (Effective
July 1, 2004.)
Record of ballot format—Devices sealed. (Effective July 1,
2004.)
Election officials—Instruction, compensation, requirements. (Effective July 1, 2004.)
Tallying systems—Programming tests. (Effective July 1,
2004.)
Operating procedures. (Effective July 1, 2004.)
Recording requirements. (Effective July 1, 2004.)
29A.12.010
29A.12.010 Authority for use. (Effective July 1,
2004.) At any primary or election in any county, votes may
be cast, registered, recorded, or counted by means of voting
systems that have been approved under RCW 29A.12.020.
[2003 c 111 § 301. Prior: 1990 c 59 § 17; 1967 ex.s. c 109 §
12; 1965 c 9 § 29.33.020; prior: (i) 1913 c 58 § 1, part; RRS
§ 5300, part. (ii) 1913 c 58 § 18; RRS § 5318. Formerly
RCW 29.33.020.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.12.020
29A.12.020 Inspection and test by secretary of
state—Report. (Effective July 1, 2004.) The secretary of
state shall inspect, evaluate, and publicly test all voting systems or components of voting systems that are submitted for
review under RCW 29A.12.030. The secretary of state shall
determine whether the voting systems conform with all of the
requirements of this title, the applicable rules adopted in
accordance with this title, and with generally accepted safety
requirements. The secretary of state shall transmit a copy of
the report of any examination under this section, within thirty
days after completing the examination, to the county auditor
[2003 RCW Supp—page 320]
29A.12.040 Independent evaluation. (Effective July
1, 2004.) (1) The secretary of state may rely on the results of
independent design, engineering, and performance evaluations in the examination under RCW 29A.12.020 if the
source and scope of these independent evaluations are specified by rule.
(2) The secretary of state may contract with experts in
mechanical or electrical engineering or data processing to
assist in examining a voting system or component. The manufacturer or distributor who has submitted a voting system
for testing under RCW 29A.12.030 shall pay the secretary of
state a deposit to reimburse the cost of any contract for consultation under this section and for any other unrecoverable
costs associated with the examination of a voting system or
component by the manufacturer or distributor who submitted
the voting system or component for examination. [2003 c
111 § 304. Prior: 1990 c 59 § 20; 1982 c 40 § 3. Formerly
RCW 29.33.061.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Severability—1982 c 40: See note following RCW 29A.12.020.
29A.12.050
29A.12.050 Approval required—Modification.
(Effective July 1, 2004.) If voting systems or devices or vote
tallying systems are to be used for conducting a primary or
election, only those that have the approval of the secretary of
state or had been approved under this chapter or the former
chapter 29.34 RCW before March 22, 1982, may be used.
Any modification, change, or improvement to any voting system or component of a system that does not impair its accuracy, efficiency, or capacity or extend its function, may be
made without reexamination or reapproval by the secretary of
state under RCW 29A.12.020. [2003 c 111 § 305; 1990 c 59
§ 21; 1982 c 40 § 4. Formerly RCW 29.33.081.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Severability—1982 c 40: See note following RCW 29A.12.020.
29A.12.060
29A.12.060 Maintenance and operation. (Effective
July 1, 2004.) The county auditor of a county in which voting systems are used is responsible for the preparation, main-
Voting Systems
29A.12.120
tenance, and operation of those systems and may employ and
direct persons to perform some or all of these functions.
[2003 c 111 § 306. Prior: 1990 c 59 s 22; 1965 c 9 §
29.33.130; prior: 1955 c 323 § 2; prior: 1935 c 85 § 1, part;
1919 c 163 § 23, part; 1915 c 114 § 5, part; 1913 c 58 § 10,
part; RRS § 5309, part. Formerly RCW 29.33.130.]
together and physically separated from those devices containing ballots for other districts. Each voter shall be directed by
the precinct election officers to the correct group of voting
devices. [2003 c 111 § 309. Prior: 1990 c 59 § 27; 1989 c
155 § 1; 1987 c 295 § 8; 1983 c 143 § 1. Formerly RCW
29.33.310, 29.34.085.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.12.070
29A.12.070 Acceptance test. (Effective July 1, 2004.)
An agreement to purchase or lease a voting system or a component of a voting system is subject to that system or component passing an acceptance test sufficient to demonstrate that
the equipment is the same as that certified by the secretary of
state and that the equipment is operating correctly as delivered to the county. [2003 c 111 § 307. Prior: 1998 c 58 § 1;
1990 c 59 § 23. Formerly RCW 29.33.145.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.12.080
29A.12.080 Requirements for approval. (Effective
July 1, 2004.) No voting device shall be approved by the secretary of state unless it:
(1) Secures to the voter secrecy in the act of voting;
(2) Permits the voter to vote for any person for any office
and upon any measure that he or she has the right to vote for;
(3) Permits the voter to vote for all the candidates of one
party or in part for the candidates of one or more other parties;
(4) Correctly registers all votes cast for any and all persons and for or against any and all measures;
(5) Provides that a vote for more than one candidate cannot be cast by one single operation of the voting device or
vote tally system except when voting for president and vice
president of the United States; and
(6) Except for functions or capabilities unique to this
state, has been tested, certified, and used in at least one other
state or election jurisdiction. [2003 c 111 § 308. Prior: 1990
c 59 § 26; 1982 c 40 § 6; 1977 ex.s. c 361 § 66; 1971 ex.s. c
6 § 1; 1967 ex.s. c 109 § 18. Formerly RCW 29.33.300,
29.34.080.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Severability—1982 c 40: See note following RCW 29A.12.020.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
Severability—1971 ex.s. c 6: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 6 § 3.]
Voting devices, machines—Recording requirements: RCW 29A.12.150.
29A.12.090
29A.12.090 Single district and precinct. (Effective
July 1, 2004.) The ballot on a single voting device shall not
contain the names of candidates for the offices of United
States representative, state senator, state representative,
county council, or county commissioner in more than one
district. In all general elections, primaries, and special elections, in each polling place the voting devices containing ballots for candidates from each congressional, legislative, or
county council or commissioner district shall be grouped
29A.12.100
29A.12.100 Requirements of tallying systems for
approval. (Effective July 1, 2004.) The secretary of state
shall not approve a vote tallying system unless it:
(1) Correctly counts votes on ballots on which the proper
number of votes have been marked for any office or issue;
(2) Ignores votes marked for any office or issue where
more than the allowable number of votes have been marked,
but correctly counts the properly voted portions of the ballot;
(3) Accumulates a count of the specific number of ballots tallied for each precinct, total votes by candidate for each
office, and total votes for and against each issue of the ballot
in that precinct;
(4) Accommodates rotation of candidates' names on the
ballot under RCW 29A.36.140;
(5) Produces precinct and cumulative totals in printed
form; and
(6) Except for functions or capabilities unique to this
state, has been tested, certified, and used in at least one other
state or election jurisdiction. [2003 c 111 § 310. Prior: 1990
c 59 § 28; 1982 c 40 § 7; 1967 ex.s. c 109 § 19. Formerly
RCW 29.33.320, 29.34.090.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Severability—1982 c 40: See note following RCW 29A.12.020.
Voting devices, machines—Recording requirements: RCW 29A.12.150.
29A.12.110
29A.12.110 Record of ballot format—Devices sealed.
(Effective July 1, 2004.) In preparing a voting device for a
primary or election, a record shall be made of the ballot format installed in each device and the precinct or portion of a
precinct for which that device has been prepared. Except
where provided by a rule adopted under RCW 29A.04.610,
after being prepared for a primary or election, each device
shall be sealed with a uniquely numbered seal and provided
to the inspector of the appropriate polling place. [2003 c 111
§ 311; 1990 c 59 § 25. Formerly RCW 29.33.330.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.12.120
29A.12.120 Election officials—Instruction, compensation, requirements. (Effective July 1, 2004.) (1) Before
each state primary or general election at which voting systems are to be used, the county auditor shall instruct all precinct election officers appointed under RCW 29A.44.410,
counting center personnel, and political party observers designated under RCW 29A.60.170 in the proper conduct of
their duties.
(2) The county auditor may waive instructional requirements for precinct election officers, counting center personnel, and political party observers who have previously
received instruction and who have served for a sufficient
length of time to be fully qualified to perform their duties.
[2003 RCW Supp—page 321]
29A.12.130
Title 29A RCW: Elections
The county auditor shall keep a record of each person who
has received instruction and is qualified to serve at the subsequent primary or election.
(3) As compensation for the time spent in receiving
instruction, each precinct election officer who qualifies and
serves at the subsequent primary or election shall receive an
additional two hours compensation, to be paid at the same
time and in the same manner as compensation is paid for services on the day of the primary or election.
(4) Except for the appointment of a precinct election
officer to fill a vacancy under RCW 29A.44.440, no inspector
or judge may serve at any primary or election at which voting
systems are used unless he or she has received the required
instruction and is qualified to perform his or her duties in
connection with the voting devices. No person may work in
a counting center at a primary or election at which a vote tallying system is used unless that person has received the
required instruction and is qualified to perform his or her
duties in connection with the handling and tallying of ballots
for that primary or election. No person may serve as a political party observer unless that person has received the
required instruction and is familiar with the operation of the
counting center and the vote tallying system and the procedures to be employed to verify the accuracy of the programming for that vote tallying system. [2003 c 111 § 312. Prior:
1990 c 59 § 29; 1977 ex.s. c 361 § 69. Formerly RCW
29.33.340, 29.34.143.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.12.130
29A.12.130 Tallying systems—Programming tests.
(Effective July 1, 2004.) At least three days before each state
primary or general election, the office of the secretary of state
shall provide for the conduct of tests of the programming for
each vote tallying system to be used at that primary or general
election. The test must verify that the system will correctly
count the vote cast for all candidates and on all measures
appearing on the ballot at that primary or general election.
The test shall verify the capability of the vote tallying system
to perform all of the functions that can reasonably be
expected to occur during conduct of that particular primary or
election. If any error is detected, the cause shall be determined and corrected, and an errorless total shall be produced
before the primary or election.
Such tests shall be observed by at least one representative from each major political party, if representatives have
been appointed by the respective major political parties and
are present at the test, and shall be open to candidates, the
press, and the public. The county auditor and any political
party observers shall certify that the test has been conducted
in accordance with this section. Copies of this certification
shall be retained by the secretary of state and the county auditor. All programming materials, test results, and test ballots
shall be securely sealed until the day of the primary or general election. [2003 c 111 § 313; 1998 c 58 § 2; 1990 c 59 §
32; 1977 ex.s. c 361 § 73. Formerly RCW 29.33.350,
29.34.163.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
[2003 RCW Supp—page 322]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.12.140
29A.12.140 Operating procedures. (Effective July 1,
2004.) The secretary of state may publish recommended procedures for the operation of the various vote tallying systems
that have been approved. These procedures allow the office
of the secretary of state to restrict or define the use of
approved systems in elections. [2003 c 111 § 314. Prior:
1998 c 58 § 3; 1990 c 59 § 34; 1977 ex.s. c 361 § 75; 1967
ex.s. c 109 § 32. Formerly RCW 29.33.360, 29.34.170.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.12.150
29A.12.150 Recording requirements. (Effective July
1, 2004.) (1) No voting device or machine may be used in a
county with a population of seventy thousand or more to conduct a primary or general or special election in this state
unless it correctly records on a separate ballot the votes cast
by each elector for any person and for or against any measure
and such separate ballots are available for audit purposes
after such a primary or election.
(2) The secretary of state shall not certify under this title
any voting device or machine for use in conducting a primary
or general or special election in this state unless the device or
machine correctly records on a separate ballot the votes cast
by each elector for any person and for or against any measure
and such separate ballots are available for audit purposes
after such a primary or election. [2003 c 111 § 315; 1998 c
245 § 26; 1991 c 363 § 30; 1990 c 184 § 1. Formerly RCW
29.04.200.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Chapter 29A.16
Chapter 29A.16 RCW
PRECINCT AND POLLING PLACE
DETERMINATION AND ACCESSIBILITY
Sections
29A.16.010
29A.16.020
29A.16.030
29A.16.040
29A.16.050
29A.16.060
29A.16.110
29A.16.120
29A.16.130
29A.16.140
29A.16.150
29A.16.160
29A.16.170
Intent—Duties of county auditors. (Effective July 1, 2004.)
Alternative polling places or procedures. (Effective July 1,
2004.)
Costs for modifications—Alternatives—Election costs.
(Effective July 1, 2004.)
Precincts—Number of voters—Dividing, altering, or combining—Creating new precincts. (Effective July 1,
2004.)
Precincts—Restrictions on precinct boundaries—Designated by number. (Effective July 1, 2004.)
Combining or dividing precincts, election boards. (Effective July 1, 2004.)
Polling place—May be located outside precinct. (Effective
July 1, 2004.)
Polling place—Use of county, municipality, or special district facilities. (Effective July 1, 2004.)
Public buildings as polling places. (Effective July 1, 2004.)
Inaccessible polling places—Auditors' list. (Effective July
1, 2004.)
Polling places—Accessibility required, exceptions. (Effective July 1, 2004.)
Review by and recommendations of disabled voters.
(Effective July 1, 2004.)
County auditors—Notice of accessibility. (Effective July 1,
2004.)
Precinct and Polling Place Determination and Accessibility
29A.16.040
29A.16.010
29A.16.010 Intent—Duties of county auditors.
(Effective July 1, 2004.) The intent of this chapter is to
require state and local election officials to designate and use
polling places in all elections and permanent registration
locations which are accessible to elderly and disabled persons. County auditors shall:
(1) Make modifications such as installation of temporary
ramps or relocation of polling places within buildings, where
appropriate;
(2) Designate new, accessible polling places to replace
those that are inaccessible; and
(3) Continue to use polling places and voter registration
locations which are accessible to elderly and disabled persons. [2003 c 111 § 401; 1999 c 298 § 13; 1985 c 205 § 1;
1979 ex.s. c 64 § 1. Formerly RCW 29.57.010.]
29A.16.020
29A.16.020 Alternative polling places or procedures.
(Effective July 1, 2004.) The secretary of state shall establish
procedures to assure that, in any primary or election, any disabled or elderly voter assigned to an inaccessible polling
place will, upon advance request of that voter, either be permitted to vote at an alternative accessible polling place not
overly inconvenient to that voter or be provided with an alternative means of casting a ballot on the day of the primary or
election. The county auditor shall make any accommodations in voting procedures necessary to allow the use of alternative polling places by elderly or disabled voters under this
section. [2003 c 111 § 402; 1999 c 298 § 15; 1985 c 205 § 5.
Formerly RCW 29.57.090.]
Effective dates—1985 c 205: See note following RCW 29A.16.140.
29A.16.030
29A.16.030 Costs for modifications—Alternatives—
Election costs. (Effective July 1, 2004.) (1) County auditors
shall seek alternative polling places or other low-cost alternatives including, but not limited to, procedural changes and
assistance from local disabled groups, service organizations,
and other private sources before incurring costs for modifications under this chapter.
(2) The cost of those modifications to buildings or other
facilities, including signs designating disabled accessible
parking and entrances, that are necessary to permit the use of
those facilities for polling places under this chapter or any
procedures established under RCW 29A.16.020 shall be
tr eated as election costs and p rorated under RCW
29A.04.410. [2003 c 111 § 403; 1999 c 298 § 20; 1985 c 205
§ 12. Formerly RCW 29.57.160.]
Effective dates—1985 c 205: See note following RCW 29A.16.140.
29A.16.040
29A.16.040 Precincts—Number of voters—Dividing,
altering, or combining—Creating new precincts. (Effective July 1, 2004.) (1) Precinct boundaries may be altered at
any time as long as sufficient time exists prior to a given election for the necessary procedural steps to be honored. Except
as permitted under subsection (4) of this section, no precinct
boundaries may be changed during the period starting on the
thirtieth day prior to the first day for candidates to file for the
primary election and ending with the day of the general election.
(2) Precincts in which voting machines or electronic voting devices are used may contain as many as nine hundred
active registered voters. The number of poll-site ballot
counting devices at each polling place is at the discretion of
the auditor. The number of devices must be adequate to meet
the expected voter turnout.
(3) On petition of twenty-five or more voters resident
more than ten miles from any polling site, the county legislative authority shall establish a separate voting precinct therefor.
(4) The county auditor shall temporarily adjust precinct
boundaries when a city or town annexes unincorporated territory to the city or town, or whenever unincorporated territory
is incorporated as a city or town. The adjustment must be
made as soon as possible after the approval of the annexation
or incorporation. The temporary adjustment must be limited
to the minimum changes necessary to accommodate the addition of the territory to the city or town, or to establish the eligible voters within the boundaries of the new city or town,
and remains in effect only until precinct boundary modifications reflecting the annexation or incorporation are adopted
by the county legislative authority.
The county legislative authority may establish by ordinance a limitation on the maximum number of active registered voters in each precinct within its jurisdiction. The limitation may be different for precincts based upon the method
of voting used for such precincts and the number may be less
than the number established by law, but in no case may the
number exceed that authorized by law.
The county legislative authority of each county in the
state hereafter formed shall, at their first session, divide their
respective counties into election precincts and establish the
boundaries of the precincts. The county auditor shall thereupon designate the voting place for each such precinct or
whether the precinct is a vote by mail precinct.
(5) In determining the number of active registered voters
for the purposes of this section, persons who are ongoing
absentee voters under RCW 29A.40.040 shall not be counted.
Nothing in this subsection may be construed as altering the
vote tallying requirements of RCW 29A.60.230. [2003 c 111
§ 404; 1999 c 158 § 3; 1994 c 57 § 3; 1986 c 167 § 2; 1980 c
107 § 3. Prior: 1977 ex.s. c 361 § 4; 1977 ex.s. c 128 § 1;
1975-'76 2nd ex.s. c 129 § 3; 1967 ex.s. c 109 § 1; 1965 c 9 §
29.04.040; prior: (i) 1921 c 178 § 1, part; 1915 c 11 § 1, part;
1907 c 130 § 1, part; 1889 p 402 § 7, part; Code 1881 § 3067,
part; 1865 p 30 § 1, part; RRS § 5171, part. (ii) 1907 c 130 §
2, part; 1889 p 408 § 21, part; RRS § 5278, part. (iii) Code
1881 § 2679; 1854 p 65 § 4, part; No RRS. Formerly RCW
29.04.040.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Severability—1986 c 167: See note following RCW 29A.04.049.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
Severability—1977 ex.s. c 128: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 128 § 6.]
Effective date—Severability—1975-'76 2nd ex.s. c 129: See notes
following RCW 29A.76.040.
"Precinct" defined: RCW 29A.04.121.
[2003 RCW Supp—page 323]
29A.16.050
Title 29A RCW: Elections
29A.16.050
29A.16.050 Precincts—Restrictions on precinct
boundaries—Designated by number. (Effective July 1,
2004.) (1) Every voting precinct must be wholly within a single congressional district, a single legislative district, a single
district of a county legislative authority, and, if applicable, a
single city.
(2) Every voting precinct shall be composed, as nearly as
practicable, of contiguous and compact areas.
(3) Except as provided in this subsection, changes to the
boundaries of any precinct shall follow visible, physical features delineated on the most current maps provided by the
United States census bureau. A change need not follow such
visible, physical features if (a) it is necessitated by an annexation or incorporation and the proposed precinct boundary is
identical to an exterior boundary of the annexed or incorporated area which does not follow a visible, physical feature;
or (b) doing so would substantially impair election administration in the involved area.
(4) After a change to precinct boundaries is adopted by
the county legislative authority, if the change does not follow
visible physical features, the county auditor shall send to the
secretary of state an electronic or paper copy of the description, a map or maps of the changes, and a statement of the
applicable exception under subsection (3) of this section. For
boundary changes made pursuant to subsection (3)(b) of this
section, the auditor shall include a statement of the reasons
why following visible, physical features would have substantially impaired election administration.
(5) Every voting precinct within each county shall be
designated by number for the purpose of preparation of maps
and the tabulation of population for apportionment purposes.
These precincts may be identified with names or other numbers for other election purposes.
(6) After a change to precinct boundaries in a city or
town, the county auditor shall send one copy of the map or
maps delineating the new precinct boundaries within that city
or town to the city or town clerk.
(7) Precinct maps are public records and shall be available for inspection by the public during normal office hours
in the offices where they are kept. Copies shall be made
available to the public for a fee necessary to cover the cost of
reproduction. [2003 c 111 § 405; 1999 c 298 § 1; 1989 c 278
§ 1; 1977 ex.s. c 128 § 2; 1965 c 9 § 29.04.050. Prior: 1921
c 178 § 1, part; 1915 c 11 § 1, part; 1907 c 130 § 1, part; 1889
p 402 § 7, part; Code 1881 § 3067, part; 1865 p 30 § 1, part;
RRS § 5171, part. Formerly RCW 29.04.050.]
Severability—1977 ex.s. c 128: See note following RCW 29A.16.040.
29A.16.060
29A.16.060 Combining or dividing precincts, election boards. (Effective July 1, 2004.) At any special election or primary, the county auditor may combine, unite, or
divide precincts and may combine or unite election boards
for the purpose of holding such election. At any general election, the county auditor may combine or unite election boards
for the purpose of holding such election, but shall report all
election returns by individual precinct. [2003 c 111 § 406.
Prior: 2001 c 241 § 22; 1986 c 167 § 3; 1977 ex.s. c 361 § 5;
1974 ex.s. c 127 § 1; 1965 c 9 § 29.04.055; prior: 1963 c 200
§ 22; 1951 c 70 § 1. Formerly RCW 29.04.055.]
Severability—1986 c 167: See note following RCW 29A.04.049.
[2003 RCW Supp—page 324]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.16.110
29A.16.110 Polling place—May be located outside
precinct. (Effective July 1, 2004.) Polling places for the
various voting precincts may be located outside the boundaries of the respective precincts, when the officers conducting
the primary or election shall deem it feasible. However, such
polling places must be located within a reasonable distance of
their respective precincts. The purpose of this section is to
furnish adequate voting facilities at readily accessible and
identifiable locations, and nothing in this section affects the
number, method of selection, or duties of precinct election
officers. [2003 c 111 § 407; 1965 c 9 § 29.48.005. Prior:
1951 c 123 § 1. Formerly RCW 29.48.005.]
29A.16.120
29A.16.120 Polling place—Use of county, municipality, or special district facilities. (Effective July 1, 2004.)
The legislative authority of each county, municipality, and
special district shall, at the request of the county auditor,
make their facilities available for use as polling places for primaries, special elections, and state general elections held
within that county. When, in the judgment of the county
auditor, a facility of a county, municipality, or special district
would provide a location for a polling place that would best
satisfy the requirements of this chapter, he or she shall notify
the legislative authority of that county, municipality, or district of the number of facilities needed for use as polling
places. Payment for polling places and any other conditions
or obligations regarding these polling places shall be provided for by contract between the county auditor and the
county, municipality, or district. [2003 c 111 § 408. Prior:
1985 c 205 § 14; 1965 c 9 § 29.48.007; prior: 1955 c 201 §
1. Formerly RCW 29.48.007.]
Effective dates—1985 c 205: See note following RCW 29A.16.140.
29A.16.130
29A.16.130 Public buildings as polling places.
(Effective July 1, 2004.) Each state agency and entity of
local government shall permit the use of any of its buildings
and the most suitable locations therein as polling places when
required by a county auditor to provide accessible places in
each precinct. [2003 c 111 § 409. Prior: 1979 ex.s. c 64 § 4.
Formerly RCW 29.57.040.]
29A.16.140
29A.16.140 Inaccessible polling places—Auditors'
list. (Effective July 1, 2004.) No later than April 1st of each
even-numbered year, each county auditor shall submit to the
secretary of state a list showing the number of polling places
in the county and specifying any that have been found inaccessible. The auditor shall indicate the reasons for inaccessibility, and what efforts have been made pursuant to this chapter to locate alternative polling places or to make the existing
facilities temporarily accessible.
If a county auditor's list shows, for two consecutive
reporting periods, that no polling places have been found
inaccessible, the auditor need not submit further reports
unless the secretary of state specifically reinstates the
requirement for that county. Notice of reinstatement must be
in writing and delivered at least sixty days before the reporting date. [2003 c 111 § 410. Prior: 1999 c 298 § 14; 1985 c
205 § 3. Formerly RCW 29.57.070.]
Qualifications, Terms, and Requirements for Elective Offices
Effective dates—1985 c 205: "(1) Sections 1, 2, and 13 of this act are
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect immediately.
(2) Sections 15 and 16 of this act shall take effect as provided by Article II, section 1(c) of the state Constitution.
(3) Sections 3 through 12 and 14 of this act shall take effect on January
1, 1986." [1985 c 205 § 18.]
29A.20.170
29A.20.180
29A.20.190
29A.20.200
Effective dates—1985 c 205: See note following RCW 29A.16.140.
29A.16.160
29A.16.160 Review by and recommendations of disabled voters. (Effective July 1, 2004.) County auditors
shall, as feasible, solicit and use the assistance of disabled
voters in reviewing sites and recommending inexpensive
remedies to improve accessibility. [2003 c 111 § 412. Prior:
1979 ex.s. c 64 § 5. Formerly RCW 29.57.050.]
29A.16.170
29A.16.170 County auditors—Notice of accessibility.
(Effective July 1, 2004.) Each county auditor shall include a
notice of the accessibility of polling places in the notice of
election published under RCW 29A.52.310 and 29A.52.350.
[2003 c 111 § 413. Prior: 1999 c 298 § 19; 1985 c 205 § 11.
Formerly RCW 29.57.150.]
Effective dates—1985 c 205: See note following RCW 29A.16.140.
Chapter 29A.20 RCW
QUALIFICATIONS, TERMS, AND REQUIREMENTS
FOR ELECTIVE OFFICES
Chapter 29A.20
Sections
GENERAL
29A.20.010
29A.20.020
29A.20.030
29A.20.040
Preservation of declarations of candidacy. (Effective July 1,
2004.)
Qualifications for filing, appearance on ballot. (Effective
July 1, 2004.)
Local officers, beginning of terms—Organization of district
boards of directors. (Effective July 1, 2004.)
Local elected officials, commencement of term of office—
Purpose. (Effective July 1, 2004.)
MINOR PARTY AND INDEPENDENT CANDIDATE NOMINATIONS
29A.20.110
29A.20.120
29A.20.130
29A.20.140
29A.20.150
29A.20.160
Definitions—"Convention" and "election jurisdiction."
(Effective July 1, 2004.)
Nomination by convention or write-in—Dates—Special filing period. (Effective July 1, 2004.)
Convention—Notice. (Effective July 1, 2004.)
Convention—Requirements for validity. (Effective July 1,
2004.)
Nominating petition—Requirements. (Effective July 1,
2004.)
Certificate of nomination—Requisites. (Effective July 1,
2004.)
Multiple certificates of nomination. (Effective July 1,
2004.)
Presidential electors—Selection at convention. (Effective
July 1, 2004.)
Certificate of nomination—Checking signatures—Appeal
of determination. (Effective July 1, 2004.)
Declarations of candidacy required, exceptions—Payment
of fees. (Effective July 1, 2004.)
GENERAL
29A.16.150
29A.16.150 Polling places—Accessibility required,
exceptions. (Effective July 1, 2004.) Each polling place
must be accessible unless:
(1) The county auditor has determined that it is inaccessible, that no alternative accessible polling place is available,
that no temporary modification of that polling place or any
alternative polling place is possible, and that the county auditor has complied with the procedures established under RCW
29A.16.020; or
(2) The secretary of state determines that a state of emergency exists that would otherwise interfere with the efficient
administration of the primary or election. [2003 c 111 § 411.
Prior: 1999 c 298 § 16; 1985 c 205 § 6. Formerly RCW
29.57.100.]
29A.20.030
29A.20.010
29A.20.010 Preservation of declarations of candidacy. (Effective July 1, 2004.) The secretary of state and
each county auditor shall preserve all declarations of candidacy filed in their respective offices for six months. All declarations of candidacy must be open to public inspection.
[2003 c 111 § 501; 1965 c 9 § 29.27.090. Prior: 1921 c 178
§ 1, part; 1915 c 11 § 1, part; 1907 c 130 § 1, part; 1889 p 402
§ 7, part; Code 1881 § 3067, part; 1865 p 30 § 1, part; RRS §
5171, part. Formerly RCW 29.27.090.]
29A.20.020
29A.20.020 Qualifications for filing, appearance on
ballot. (Effective July 1, 2004.) (1) A person filing a declaration of candidacy for an office shall, at the time of filing, be
a registered voter and possess the qualifications specified by
law for persons who may be elected to the office.
(2) Excluding the office of precinct committee officer or
a temporary elected position such as a charter review board
member or freeholder, no person may file for more than one
office.
(3) The name of a candidate for an office shall not appear
on a ballot for that office unless, except as provided in RCW
3.46.067 and 3.50.057, the candidate is, at the time the candidate's declaration of candidacy is filed, properly registered to
vote in the geographic area represented by the office. For the
purposes of this section, each geographic area in which registered voters may cast ballots for an office is represented by
that office. If a person elected to an office must be nominated
from a district or similar division of the geographic area represented by the office, the name of a candidate for the office
shall not appear on a primary ballot for that office unless the
candidate is, at the time the candidate's declaration of candidacy is filed, properly registered to vote in that district or
division. The officer with whom declarations of candidacy
must be filed under this title shall review each such declaration filed regarding compliance with this subsection.
(4) This section does not apply to the office of a member
of the United States Congress. [2003 c 111 § 502; 1999 c 298
§ 9; 1993 c 317 § 10; 1991 c 178 § 1. Formerly RCW
29.15.025, 29.18.021.]
Severability—Effective date—1993 c 317: See notes following RCW
3.50.810.
29A.20.030
29A.20.030 Local officers, beginning of terms—
Organization of district boards of directors. (Effective
July 1, 2004.) The term of every city, town, and district
officer elected to office on the first Tuesday following the
first Monday in November of the odd-numbered years begins
in accordance with RCW 29A.20.040. However, a person
elected to less than a full term shall assume office as soon as
the election returns have been certified and he or she is qualified in accordance with RCW 29A.04.133.
[2003 RCW Supp—page 325]
29A.20.040
Title 29A RCW: Elections
Each board of directors of every district shall be organized at the first meeting held after one or more newly elected
directors take office. [2003 c 111 § 503; 1979 ex.s. c 126 §
14; 1965 c 123 § 6; 1965 c 9 § 29.13.050. Prior: 1963 c 200
§ 8; 1959 c 86 § 1; prior: 1951 c 257 § 6. (i) 1949 c 161 § 9;
Rem. Supp. 1949 § 5146-1. (ii) 1949 c 163 § 1; 1921 c 61 §
4; Rem. Supp. 1949 § 5146. Formerly RCW 29.13.050.]
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
29A.20.040
29A.20.040 Local elected officials, commencement of
term of office—Purpose. (Effective July 1, 2004.) (1) The
legislature finds that certain laws are in conflict governing
the assumption of office of various local officials. The purpose of this section is to provide a common date for the
assumption of office for all the elected officials of counties,
cities, towns, and special purpose districts other than school
districts where the ownership of property is not a prerequisite
of voting. A person elected to the office of school director
begins his or her term of office at the first official meeting of
the board of directors after certification of the election
results. It is also the purpose of this section to remove these
conflicts and delete old statutory language concerning such
elections which is no longer necessary.
(2) For elective offices of counties, cities, towns, and
special purpose districts other than school districts where the
ownership of property is not a prerequisite of voting, the term
of incumbents ends and the term of successors begins after
the successor is elected and qualified, and the term commences immediately after December 31st following the election, except as follows:
(a) Where the term of office varies from this standard
according to statute; and
(b) If the election results have not been certified prior to
January 1st after the election, in which event the time of commencement for the new term occurs when the successor
becomes qualified in accordance with RCW 29A.04.133.
(3) For elective offices governed by this section, the oath
of office must be taken as the last step of qualification as
defined in RCW 29A.04.133 but may be taken either:
(a) Up to ten days prior to the scheduled date of assuming office; or
(b) At the last regular meeting of the governing body of
the applicable county, city, town, or special district held
before the winner is to assume office. [2003 c 111 § 504;
1999 c 298 § 3; 1980 c 35 § 7; 1979 ex.s. c 126 § 1. Formerly
RCW 29.04.170.]
Severability—1980 c 35: See note following RCW 28A.343.300.
MINOR PARTY AND INDEPENDENT
CANDIDATE NOMINATIONS
29A.20.110
29A.20.110 Definitions—"Convention" and "election jurisdiction." (Effective July 1, 2004.) A "convention"
for the purposes of this chapter, is an organized assemblage
of registered voters representing an independent candidate or
candidates or a new or minor political party, organization, or
principle. As used in this chapter, the term "election jurisdiction" shall mean the state or any political subdivision or jurisdiction of the state from which partisan officials are elected.
This term shall include county commissioner districts or
[2003 RCW Supp—page 326]
council districts for members of a county legislative authority, counties for county officials who are nominated and
elected on a county-wide basis, legislative districts for members of the legislature, congressional districts for members of
Congress, and the state for president and vice president,
members of the United States senate, and state officials who
are elected on a statewide basis. [2003 c 111 § 505; 1977
ex.s. c 329 § 1; 1965 c 9 § 29.24.010. Prior: 1955 c 102 § 2;
prior: 1937 c 94 § 2, part; RRS § 5168, part. Formerly RCW
29.24.010.]
Minor political party defined: RCW 29A.04.097.
Voter registration: Chapter 29A.08 RCW.
29A.20.120
29A.20.120 Nomination by convention or write-in—
Dates—Special filing period. (Effective July 1, 2004.) (1)
Any nomination of a candidate for partisan public office by
other than a major political party may be made only: (a) In a
convention held not earlier than the last Saturday in June and
not later than the first Saturday in July or during any of the
seven days immediately preceding the first day for filing declarations of candidacy as fixed in accordance with RCW
29A.28.040; (b) as provided by RCW 29A.60.020; or (c) as
otherwise provided in this section.
(2) Nominations of candidates for president and vice
president of the United States other than by a major political
party may be made either at a convention conducted under
subsection (1) of this section, or at a similar convention taking place not earlier than the first Sunday in July and not later
than seventy days before the general election. Conventions
held during this time period may not nominate candidates for
any public office other than president and vice president of
the United States, except as provided in subsection (3) of this
section.
(3) If a special filing period for a partisan office is
opened under RCW 29A.24.210, candidates of minor political parties and independent candidates may file for office
during that special filing period. The names of those candidates may not appear on the ballot unless they are nominated
by convention held no later than five days after the close of
the special filing period and a certificate of nomination is
filed with the filing officer no later than three days after the
convention. The requirements of RCW 29A.20.130 do not
apply to such a convention. If primary ballots or a voters'
pamphlet are ordered to be printed before the deadline for
submitting the certificate of nomination and the certificate
has not been filed, then the candidate's name will be included
but may not appear on the general election ballot unless the
certificate is timely filed and the candidate otherwise qualifies to appear on that ballot.
(4) A minor political party may hold more than one convention but in no case shall any such party nominate more
than one candidate for any one partisan public office or position. For the purpose of nominating candidates for the offices
of president and vice president, United States senator, or a
statewide office, a minor party or independent candidate
holding multiple conventions may add together the number
of signatures of different individuals from each convention
obtained in support of the candidate or candidates in order to
obtain the number required by RCW 29A.20.140. For all
other offices for which nominations are made, signatures of
Qualifications, Terms, and Requirements for Elective Offices
the requisite number of registered voters must be obtained at
a single convention. [2003 c 111 § 506. Prior: 2001 c 30 §
2; 1989 c 215 § 2; 1977 ex.s. c 329 § 2; 1965 c 9 § 29.24.020;
prior: 1955 c 102 § 3; prior: (i) 1937 c 94 § 1; RRS § 5167.
(ii) 1937 c 94 § 4; RRS § 5170. (iii) 1937 c 94 § 10; RRS §
5170-6. (iv) 1907 c 209 § 26, part; RRS § 5203, part. Formerly RCW 29.24.020.]
Primaries, when held: RCW 29A.04.310.
29A.20.130
29A.20.130 Convention—Notice. (Effective July 1,
2004.) Each minor party or independent candidate must publish a notice in a newspaper of general circulation within the
county in which the party or the candidate intends to hold a
convention. The notice must appear at least ten days before
the convention is to be held, and shall state the date, time, and
place of the convention. Additionally, it shall include the
mailing address of the person or organization sponsoring the
convention. [2003 c 111 § 507. Prior: 1989 c 215 § 1. Formerly RCW 29.24.025.]
29A.20.140
29A.20.140 Convention—Requirements for validity.
(Effective July 1, 2004.) (1) To be valid, a convention must
be attended by at least twenty-five registered voters.
(2) In order to nominate candidates for the offices of
president and vice president of the United States, United
States senator, or any statewide office, a nominating convention shall obtain and submit to the filing officer the signatures
of at least two hundred registered voters of the state of Washington. In order to nominate candidates for any other office,
a nominating convention shall obtain and submit to the filing
officer the signatures of twenty-five persons who are registered to vote in the jurisdiction of the office for which the
nominations are made. [2003 c 111 § 508. Prior: 1989 c 215
§ 3; 1977 ex.s. c 329 § 3; 1965 c 9 § 29.24.030; prior: 1955
c 102 § 4; prior: (i) 1937 c 94 § 2, part; RRS § 5168, part. (ii)
1937 c 94 § 3; RRS § 5169. Formerly RCW 29.24.030.]
29A.20.150
29A.20.150 Nominating petition—Requirements.
(Effective July 1, 2004.) A nominating petition submitted
under this chapter shall clearly identify the name of the minor
party or independent candidate convention as it appears on
the certif icate of nom ination as required by RCW
29A.20.160(3). The petition shall also contain a statement
that the person signing the petition is a registered voter of the
state of Washington and shall have a space for the voter to
sign his or her name and to print his or her name and address.
No person may sign more than one nominating petition under
this chapter for an office for a primary or election. [2003 c
111 § 509. Prior: 2001 c 64 § 1; 2001 c 30 § 3; 1989 c 215 §
5. Formerly RCW 29.24.035.]
29A.20.160
29A.20.160 Certificate of nomination—Requisites.
(Effective July 1, 2004.) A certificate evidencing nominations made at a convention must:
(1) Be in writing;
(2) Contain the name of each person nominated, his or
her residence, and the office for which he or she is named,
and if the nomination is for the offices of president and vice
president of the United States, a sworn statement from both
nominees giving their consent to the nomination;
29A.20.170
(3) Identify the minor political party or the independent
candidate on whose behalf the convention was held;
(4) Be verified by the oath of the presiding officer and
secretary;
(5) Be accompanied by a nominating petition or petitions
bearing the signatures and addresses of registered voters
equal in number to that required by RCW 29A.20.140;
(6) Contain proof of publication of the notice of calling
the convention; and
(7) Be submitted to the appropriate filing officer not later
than one week following the adjournment of the convention
at which the nominations were made. If the nominations are
made only for offices whose jurisdiction is entirely within
one county, the certificate and nominating petitions must be
filed with the county auditor. If a minor party or independent
candidate convention nominates any candidates for offices
whose jurisdiction encompasses more than one county, all
nominating petitions and the convention certificates must be
filed with the secretary of state. [2003 c 111 § 510; 1989 c
215 § 4; 1977 ex.s. c 329 § 4; 1965 c 9 § 29.24.040. Prior:
1955 c 102 § 5; prior: 1937 c 94 § 5, part; RRS § 5170-1,
part. Formerly RCW 29.24.040.]
Requirements of candidates for public office under subversive activities act:
Chapter 9.81 RCW.
29A.20.170
29A.20.170 Multiple certificates of nomination.
(Effective July 1, 2004.) (1) If two or more valid certificates
of nomination are filed purporting to nominate different candidates for the same position using the same party name, the
filing officer must give effect to both certificates. If conflicting claims to the party name are not resolved either by mutual
agreement or by a judicial determination of the right to the
name, the candidates must be treated as independent candidates. Disputes over the right to the name must not be permitted to delay the printing of either ballots or a voters' pamphlet. Other candidates nominated by the same conventions
may continue to use the partisan affiliation unless a court of
competent jurisdiction directs otherwise.
(2) A person affected may petition the superior court of
the county in which the filing officer is located for a judicial
determination of the right to the name of a minor political
party, either before or after documents are filed with the filing officer. The court shall resolve the conflict between competing claims to the use of the same party name according to
the following principles: (a) The prior established public use
of the name during previous elections by a party composed of
or led by the same individuals or individuals in documented
succession; (b) prior established public use of the name earlier in the same election cycle; (c) the nomination of a more
complete slate of candidates for a number of offices or in a
number of different regions of the state; (d) documented affiliation with a national or statewide party organization with an
established use of the name; (e) the first date of filing of a certificate of nomination; and (f) such other indicia of an established right to use of the name as the court may deem relevant. If more than one filing officer is involved, and one of
them is the secretary of state, the petition must be filed in the
superior court for Thurston county. Upon resolving the conflict between competing claims, the court may also address
any ballot designation for the candidate who does not prevail.
[2003 RCW Supp—page 327]
29A.20.180
Title 29A RCW: Elections
[2003 c 111 § 511. Prior: 2001 c 30 § 4. Formerly RCW
29.24.045.]
29A.20.180
29A.20.180 Presidential electors—Selection at convention. (Effective July 1, 2004.) A minor political party or
independent candidate convention nominating candidates for
the offices of president and vice president of the United
States shall, not later than ten days after the adjournment of
the convention, submit a list of presidential electors to the
office of the secretary of state. The list shall contain the
names and the mailing addresses of the persons selected and
shall be verified by the presiding officer of the convention.
[2003 c 111 § 512. Prior: 1989 c 215 § 6. Formerly RCW
29.24.055.]
29A.20.190
29A.20.190 Certificate of nomination—Checking
signatures—Appeal of determination. (Effective July 1,
2004.) Upon the receipt of the certificate of nomination, the
officer with whom it is filed shall check the certificate and
canvass the signatures on the accompanying nominating petitions to determine if the requirements of RCW 29A.20.140
have been met. Once the determination has been made, the
filing officer shall notify the presiding officer of the convention and any other persons requesting the notification, of his
or her decision regarding the sufficiency of the certificate or
the nominating petitions. Any appeal regarding the filing
officer's determination must be filed with the superior court
of the county in which the certificate or petitions were filed
not later than five days from the date the determination is
made, and shall be heard and finally disposed of by the court
within five days of the filing. Nominating petitions shall not
be available for public inspection or copying. [2003 c 111 §
513. Prior: 1989 c 215 § 7; 1977 ex.s. c 329 § 6; 1965 c 9 §
29.24.060; prior: 1937 c 94 § 6; RRS § 5170-2. Formerly
RCW 29.24.060.]
29A.20.200
29A.20.200 Declarations of candidacy required,
exceptions—Payment of fees. (Effective July 1, 2004.) Not
later than the Friday immediately preceding the first day for
candidates to file, the secretary of state shall notify the county
auditors of the names and designations of all minor party and
independent candidates who have filed valid convention certificates and nominating petitions with that office. Except for
the offices of president and vice president, persons nominated
under this chapter shall file declarations of candidacy as provided by RCW 29A.24.030 and 29A.24.070. The name of a
candidate nominated at a convention shall not be printed
upon the primary ballot unless he or she pays the fee required
by law to be paid by candidates for the same office to be nominated at a primary. [2003 c 111 § 514; 1990 c 59 § 103; 1989
c 215 § 8; 1977 ex.s. c 329 § 7; 1965 c 9 § 29.24.070. Prior:
1955 c 102 § 7; prior: (i) 1937 c 94 § 7, part; RRS § 5170-3,
part. (ii) 1907 c 209 § 26, part; RRS § 5203, part. Formerly
RCW 29.24.070.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Chapter 29A.24
Chapter 29A.24 RCW
FILING FOR OFFICE
Sections
[2003 RCW Supp—page 328]
GENERAL
29A.24.010
29A.24.020
29A.24.030
29A.24.040
29A.24.050
29A.24.060
29A.24.070
29A.24.080
29A.24.090
29A.24.100
29A.24.110
29A.24.120
29A.24.130
29A.24.140
29A.24.150
29A.24.160
29A.24.170
29A.24.180
29A.24.190
29A.24.200
29A.24.210
Officials to designate position numbers, when—Effect.
(Effective July 1, 2004.)
Designation of short terms, full terms, and unexpired
terms—Filing declarations—Election to both short and
full terms. (Effective July 1, 2004.)
Declaration of candidacy. (Effective July 1, 2004.)
Declaration of candidacy—Electronic filing. (Effective
July 1, 2004.)
Declaration of candidacy—Certain offices, when filed.
(Effective July 1, 2004.)
Candidates' names—Nicknames. (Effective July 1, 2004.)
Declaration of candidacy—Where filed—Copy to public
disclosure commission. (Effective July 1, 2004.)
Declaration—Filing by mail. (Effective July 1, 2004.)
Declaration—Fees and petitions. (Effective July 1, 2004.)
Nominating petition—Form. (Effective July 1, 2004.)
Petitions—Rejection—Acceptance, canvass of signatures—Judicial review. (Effective July 1, 2004.)
Date for withdrawal—Notice. (Effective July 1, 2004.)
Withdrawal of candidacy. (Effective July 1, 2004.)
Void in candidacy—Exception. (Effective July 1, 2004.)
Notice of void in candidacy. (Effective July 1, 2004.)
Filings to fill void in candidacy—How made. (Effective
July 1, 2004.)
Reopening of filing—Before sixth Tuesday before primary.
(Effective July 1, 2004.)
Reopening of filing—After sixth Tuesday before primary.
(Effective July 1, 2004.)
Scheduled election lapses, when. (Effective July 1, 2004.)
Lapse of election when no filing for single positions—
Effect. (Effective July 1, 2004.)
Vacancy in partisan elective office—Special filing period.
(Effective July 1, 2004.)
WRITE-IN CANDIDATES
29A.24.310
29A.24.320
Write-in voting—Candidates, declaration. (Effective July
1, 2004.)
Write-in candidates—Notice to auditors, ballot counters.
(Effective July 1, 2004.)
Certifying primary candidates: RCW 29A.36.010.
GENERAL
29A.24.010
29A.24.010 Officials to designate position numbers,
when—Effect. (Effective July 1, 2004.) Not less than thirty
days before the first day for filing declarations of candidacy
under RCW 29A.24.050 for legislative, judicial, county, city,
town, or district office, where more than one position with the
same name, district number, or title will be voted upon at the
succeeding election, the filing officer shall designate the
positions to be filled by number.
The positions so designated shall be dealt with as separate offices for all election purposes. With the exception of
the office of justice of the supreme court, the position numbers shall be assigned, whenever possible, to reflect the position numbers that were used to designate the same positions
at the last full-term election for those offices. [2003 c 111 §
601. Prior: 1990 c 59 § 79; 1965 c 52 § 1. Formerly RCW
29.15.130, 29.18.015.]
29A.24.020
29A.24.020 Designation of short terms, full terms,
and unexpired terms—Filing declarations—Election to
both short and full terms. (Effective July 1, 2004.) If at the
same election there are short terms or full terms and unexpired terms of office to be filled, the filing officer shall distinguish them and designate the short term, the full term, and the
unexpired term, as such, or by use of the words "short term,"
"unexpired two year term," or "four year term," as the case
may be.
Filing for Office
In filing the declaration of candidacy in such cases the
candidate shall specify that the candidacy is for the short
term, the full term, or the unexpired term. When both a short
term and a full term for the same position are scheduled to be
voted upon, or when a short term is created after the close of
the filing period, a single declaration of candidacy accompanied by a single filing fee shall be construed as a filing for
both the short term and the full term and the name of such
candidate shall appear upon the ballot for the position sought
with the designation "short term and full term." The candidate elected to both such terms shall be sworn into and
assume office for the short term as soon as the election
returns have been certified and shall again be sworn into
office on the second Monday in January following the election to assume office for the full term. [2003 c 111 § 602.
Prior: 1990 c 59 § 92; 1975-'76 2nd ex.s. c 120 § 4; 1965 c 9
§ 29.21.140; prior: (i) 1927 c 155 § 1, part; 1925 ex.s. c 68 §
1, part; 1921 c 116 § 1, part; 1919 c 85 § 1, part; 1911 c 101
§ 1, part; 1909 c 82 § 11, part; 1907 c 209 § 38, part; RRS §
5212, part. (ii) 1933 c 85 § 1, part; RRS § 5213-1, part. Formerly RCW 29.15.140, 29.21.140.]
Severability—1975-'76 2nd ex.s. c 120: See note following RCW
29A.52.210.
Term of person elected to fill vacancy: RCW 42.12.030.
Vacancies in public office, how filled: RCW 42.12.010.
29A.24.060
The secretary of state may require any other information
on the form he or she deems appropriate to facilitate the filing
process. [2003 c 111 § 603; 2002 c 140 § 1; 1990 c 59 § 82.
Formerly RCW 29.15.010.]
Implementation—2002 c 140: "The secretary of state may take the
necessary steps to ensure that this act is implemented on its effective date."
[2002 c 140 § 5.]
Captions not law—2002 c 140: "Section captions used in this act are
not part of the law." [2002 c 140 § 6.]
29A.24.040
29A.24.040 Declaration of candidacy—Electronic filing. (Effective July 1, 2004.) A candidate may file his or her
declaration of candidacy for an office by electronic means on
a system specifically designed and authorized by a filing
officer to accept filings.
(1) Filings that are received electronically must capture
all information specified in RCW 29A.24.030 (1) through
(4).
(2) Electronic filing may begin at 9:00 a.m. the fourth
Monday in July and continue through 4:00 p.m. the following
Friday.
(3) In case of special filing periods established in this
chapter, electronic filings may be accepted beginning at 9:00
a.m. on the first day of the special filing period through 4:00
p.m. the last day of the special filing period. [2003 c 111 §
604. Prior: 2002 c 140 § 2. Formerly RCW 29.15.044.]
29A.24.030
29A.24.030 Declaration of candidacy. (Effective July
1, 2004.) A candidate who desires to have his or her name
printed on the ballot for election to an office other than president of the United States, vice president of the United States,
or an office for which ownership of property is a prerequisite
to voting shall complete and file a declaration of candidacy.
The secretary of state shall adopt, by rule, a declaration of
candidacy form for the office of precinct committee officer
and a separate standard form for candidates for all other
offices filing under this chapter. Included on the standard
form shall be:
(1) A place for the candidate to declare that he or she is a
registered voter within the jurisdiction of the office for which
he or she is filing, and the address at which he or she is registered;
(2) A place for the candidate to indicate the position for
which he or she is filing;
(3) A place for the candidate to indicate a party designation, if applicable;
(4) A place for the candidate to indicate the amount of
the filing fee accompanying the declaration of candidacy or
for the candidate to indicate that he or she is filing a nominating petition in lieu of the filing fee under RCW 29A.24.090;
(5) A place for the candidate to sign the declaration of
candidacy, stating that the information provided on the form
is true and swearing or affirming that he or she will support
the Constitution and laws of the United States and the Constitution and laws of the state of Washington.
In the case of a declaration of candidacy filed electronically, submission of the form constitutes agreement that the
information provided with the filing is true, that he or she will
support the Constitutions and laws of the United States and
the state of Washington, and that he or she agrees to electronic payment of the filing fee established in RCW
29A.24.090.
Implementation—Captions not law—2002 c 140: See notes following RCW 29A.24.030.
29A.24.050
29A.24.050 Declaration of candidacy—Certain
offices, when filed. (Effective July 1, 2004.) Except where
otherwise provided by this title, declarations of candidacy for
the following offices shall be filed during regular business
hours with the filing officer no earlier than the fourth Monday
in July and no later than the following Friday in the year in
which the office is scheduled to be voted upon:
(1) Offices that are scheduled to be voted upon for full
terms or both full terms and short terms at, or in conjunction
with, a state general election; and
(2) Offices where a vacancy, other than a short term,
exists that has not been filled by election and for which an
election to fill the vacancy is required in conjunction with the
next state general election.
This section supersedes all other statutes that provide for
a different filing period for these offices. [2003 c 111 § 605.
Prior: 1990 c 59 § 81; 1986 c 167 § 8; 1984 c 142 § 2. Formerly RCW 29.15.020, 29.18.025.]
Severability—1986 c 167: See note following RCW 29A.04.049.
Intent—1984 c 142: "It is the intention of the legislature that this act
shall provide an equitable qualifying procedure for candidates who, at the
time of filing, lack sufficient assets or income to pay the filing fees otherwise
required of candidates for public office." [1984 c 142 § 1.]
29A.24.060
29A.24.060 Candidates' names—Nicknames. (Effective July 1, 2004.) When filing for office, a candidate may
indicate the manner in which he or she desires his or her name
to be printed on the ballot. For filing purposes, a candidate
may use a nickname by which he or she is commonly known
as his or her first name, but the last name shall be the name
under which he or she is registered to vote.
No candidate may:
[2003 RCW Supp—page 329]
29A.24.070
Title 29A RCW: Elections
(1) Use a nickname that denotes present or past occupation, including military rank;
(2) Use a nickname that denotes the candidate's position
on issues or political affiliation;
(3) Use a nickname designed intentionally to mislead
voters. [2003 c 111 § 606; 1990 c 59 § 83. Formerly RCW
29.15.090.]
29A.24.070
29A.24.070 Declaration of candidacy—Where
filed—Copy to public disclosure commission. (Effective
July 1, 2004.) Declarations of candidacy shall be filed with
the following filing officers:
(1) The secretary of state for declarations of candidacy
for statewide offices, United States senate, and United States
house of representatives;
(2) The secretary of state for declarations of candidacy
for the state legislature, the court of appeals, and the superior
court when voters from a district comprising more than one
county vote upon the candidates;
(3) The county auditor for all other offices. For any nonpartisan office, other than judicial offices and school director
in joint districts, where voters from a district comprising
more than one county vote upon the candidates, a declaration
of candidacy shall be filed with the county auditor of the
county in which a majority of the registered voters of the district reside. For school directors in joint school districts, the
declaration of candidacy shall be filed with the county auditor of the county designated by the state board of education as
the county to which the joint school district is considered as
belonging under RCW 28A.323.040.
Each official with whom declarations of candidacy are
filed under this section, within one business day following
the closing of the applicable filing period, shall transmit to
the public disclosure commission the information required in
RCW 29A.24.030 (1) through (4) for each declaration of candidacy filed in his or her office during such filing period or a
list containing the name of each candidate who files such a
declaration in his or her office during such filing period
together with a precise identification of the position sought
by each such candidate and the date on which each such declaration was filed. Such official, within three days following
his or her receipt of any letter withdrawing a person's name as
a candidate, shall also forward a copy of such withdrawal letter to the public disclosure commission. [2003 c 111 § 607;
2002 c 140 § 4; 1998 c 22 § 1; 1990 c 59 § 84; 1977 ex.s. c
361 § 30; 1975-'76 2nd ex.s. c 112 § 1; 1965 c 9 § 29.18.040.
Prior: 1907 c 209 § 7; RRS § 5184. Formerly RCW
29.15.030, 29.18.040.]
Implementation—Captions not law—2002 c 140: See notes following RCW 29A.24.030.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
Construction—1975-'76 2nd ex.s. c 112: RCW 42.17.945.
Severability—1975-'76 2nd ex.s. c 112: RCW 42.17.912.
Precinct committee officer, filing of declaration of candidacy with county
auditor: RCW 29A.80.040.
Public disclosure—Campaign finances, lobbying, records: Chapter 42.17
RCW.
29A.24.080
29A.24.080 Declaration—Filing by mail. (Effective
July 1, 2004.) Any candidate may mail his or her declaration
[2003 RCW Supp—page 330]
of candidacy for an office to the filing officer. Such declarations of candidacy shall be processed by the filing officer in
the following manner:
(1) Any declaration received by the filing officer by mail
before the tenth business day immediately preceding the first
day for candidates to file for office shall be returned to the
candidate submitting it, together with a notification that the
declaration of candidacy was received too early to be processed. The candidate shall then be permitted to resubmit his
or her declaration of candidacy during the filing period.
(2) Any properly executed declaration of candidacy
received by mail on or after the tenth business day immediately preceding the first day for candidates to file for office
and before the close of business on the last day of the filing
period shall be included with filings made in person during
the filing period. In partisan and judicial elections the filing
officer shall determine by lot the order in which the names of
those candidates shall appear upon sample and absentee primary ballots.
(3) Any declaration of candidacy received by the filing
officer after the close of business on the last day for candidates to file for office shall be rejected and returned to the
candidate attempting to file it. [2003 c 111 § 608. Prior:
1987 c 110 § 2; 1986 c 120 § 2. Formerly RCW 29.15.040,
29.18.045.]
Precinct committee officer, declaration of candidacy, fee: RCW 29A.80.040,
29A.80.050.
29A.24.090
29A.24.090 Declaration—Fees and petitions. (Effective July 1, 2004.) A filing fee of one dollar shall accompany
each declaration of candidacy for precinct committee officer;
a filing fee of ten dollars shall accompany the declaration of
candidacy for any office with a fixed annual salary of one
thousand dollars or less; a filing fee equal to one percent of
the annual salary of the office at the time of filing shall
accompany the declaration of candidacy for any office with a
fixed annual salary of more than one thousand dollars per
annum. No filing fee need accompany a declaration of candidacy for any office for which compensation is on a per
diem or per meeting attended basis.
A candidate who lacks sufficient assets or income at the
time of filing to pay the filing fee required by this section
shall submit with his or her declaration of candidacy a nominating petition. The petition shall contain not less than a
number of signatures of registered voters equal to the number
of dollars of the filing fee. The signatures shall be of voters
registered to vote within the jurisdiction of the office for
which the candidate is filing.
When the candidacy is for:
(1) A legislative or judicial office that includes territory
from more than one county, the fee shall be paid to the secretary of state for equal division between the treasuries of the
counties comprising the district.
(2) A city or town office, the fee shall be paid to the
county auditor who shall transmit it to the city or town clerk
for deposit in the city or town treasury. [2003 c 111 § 609.
Prior: 1999 c 298 § 10; 1999 c 157 § 2; 1990 c 59 § 85; 1987
c 295 § 2; 1984 c 142 § 4; 1965 c 9 § 29.18.050; prior: 1909
c 82 § 2; 1907 c 209 § 5; RRS § 5182. Formerly RCW
29.15.050, 29.18.050.]
Intent—1984 c 142: See note following RCW 29A.24.050.
Filing for Office
Precinct committee officer, declaration of candidacy, fee: RCW 29A.80.040,
29A.80.050.
29A.24.100
29A.24.100 Nominating petition—Form. (Effective
July 1, 2004.) The nominating petition authorized by RCW
29A.24.090 shall be printed on sheets of uniform color and
size, shall contain no more than twenty numbered lines, and
must be in substantially the following form:
The warning prescribed by RCW 29A.72.140; followed by:
We, the undersigned registered voters of (the state of
Washington or the political subdivision for which the nomination is made) , hereby petition that the name of
(candidate's name) be printed on the official primary ballot for the office of (insert name of office) .
The petition must include a place for each individual to
sign and print his or her name, and the address, city, and
county at which he or she is registered to vote. [2003 c 111 §
610; 1984 c 142 § 5. Formerly RCW 29.15.060, 29.18.053.]
Intent—1984 c 142: See note following RCW 29A.24.050.
29A.24.110
29A.24.110 Petitions—Rejection—Acceptance, canvass of signatures—Judicial review. (Effective July 1,
2004.) Nominating petitions may be rejected for the following reasons:
(1) The petition is not in the proper form;
(2) The petition clearly bears insufficient signatures;
(3) The petition is not accompanied by a declaration of
candidacy;
(4) The time within which the petition and the declaration of candidacy could have been filed has expired.
If the petition is accepted, the officer with whom it is
filed shall canvass the signatures contained on it and shall
reject the signatures of those persons who are not registered
voters and the signatures of those persons who are not registered to vote within the jurisdiction of the office for which the
nominating petition is filed. He or she shall additionally
reject any signature that appears on the nominating petitions
of two or more candidates for the same office and shall also
reject, each time it appears, the name of any person who signs
the same petition more than once.
If the officer with whom the petition is filed refuses to
accept the petition or refuses to certify the petition as bearing
sufficient valid signatures, the person filing the petition may
appeal that action to the superior court. The application for
judicial review shall take precedence over other cases and
matters and shall be speedily heard and determined. [2003 c
111 § 611. Prior: 1984 c 142 § 6. Formerly RCW 29.15.070,
29.18.055.]
Intent—1984 c 142: See note following RCW 29A.24.050.
29A.24.120
29A.24.120 Date for withdrawal—Notice. (Effective
July 1, 2004.) Each person who files a declaration of candidacy for an elected office of a city, town, or special district
shall be given written notice of the date by which a candidate
may withdraw his or her candidacy under RCW 29A.24.130.
[2003 c 111 § 612. Prior: 1994 c 223 § 7. Formerly RCW
29.15.125.]
29A.24.160
29A.24.130
29A.24.130 Withdrawal of candidacy. (Effective July
1, 2004.) A candidate may withdraw his or her declaration of
candidacy at any time before the close of business on the
Thursday following the last day for candidates to file under
RCW 29A.24.050 by filing, with the officer with whom the
declaration of candidacy was filed, a signed request that his
or her name not be printed on the ballot. There shall be no
withdrawal period for declarations of candidacy filed during
special filing periods held under this title. The filing officer
may permit the withdrawal of a filing for the office of precinct committee officer at the request of the candidate at any
time if no absentee ballots have been issued for that office
and the general election ballots for that precinct have not
been printed. The filing officer may permit the withdrawal of
a filing for any elected office of a city, town, or special district at the request of the candidate at any time before a primary if the primary ballots for that city, town, or special district have not been ordered. No filing fee may be refunded to
any candidate who withdraws under this section. Notice of
the deadline for withdrawal of candidacy and that the filing
fee is not refundable shall be given to each candidate at the
time he or she files. [2003 c 111 § 613. Prior: 1994 c 223 §
6; 1990 c 59 § 86; 1984 c 142 § 7. Formerly RCW 29.15.120,
29.18.105.]
Intent—1984 c 142: See note following RCW 29A.24.050.
Vacancy on major party ticket: RCW 29A.28.010.
29A.24.140
29A.24.140 Void in candidacy—Exception. (Effective July 1, 2004.) A void in candidacy for a nonpartisan
office occurs when an election for such office, except for the
short term, has been scheduled and no valid declaration of
candidacy has been filed for the position or all persons filing
such valid declarations of candidacy have died or been disqualified. [2003 c 111 § 614. Prior: 1975-'76 2nd ex.s. c 120
§ 9; 1972 ex.s. c 61 § 1. Formerly RCW 29.15.160,
29.21.350.]
Severability—1975-'76 2nd ex.s. c 120: See note following RCW
29A.52.210.
Severability—1972 ex.s. c 61: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1972 ex.s. c 61 § 8.]
29A.24.150
29A.24.150 Notice of void in candidacy. (Effective
July 1, 2004.) The election officer with whom declarations
of candidacy are filed shall give notice of a void in candidacy
for a nonpartisan office, by notifying press, radio, and television in the county and by such other means as may now or
hereafter be provided by law. The notice shall state the
office, and the time and place for filing declarations of candidacy. [2003 c 111 § 615. Prior: 1972 ex.s. c 61 § 5. Formerly RCW 29.15.210, 29.21.390.]
Severability—1972 ex.s. c 61: See note following RCW 29A.24.140.
29A.24.160
29A.24.160 Filings to fill void in candidacy—How
made. (Effective July 1, 2004.) Filings to fill a void in candidacy for nonpartisan office must be made in the same manner and with the same official as required during the regular
filing period for such office, except that nominating signature
petitions that may be required of candidates filing for certain
district offices during the normal filing period may not be
[2003 RCW Supp—page 331]
29A.24.170
Title 29A RCW: Elections
29A.24.190
required of candidates filing during the special three-day filing period. [2003 c 111 § 616; 1972 ex.s. c 61 § 6. Formerly
RCW 29.15.220, 29.21.400.]
Severability—1972 ex.s. c 61: See note following RCW 29A.24.140.
29A.24.170
29A.24.170 Reopening of filing—Before sixth Tuesday before primary. (Effective July 1, 2004.) Filings for a
nonpartisan office shall be reopened for a period of three normal business days, such three day period to be fixed by the
election officer with whom such declarations of candidacy
are filed and notice thereof given by notifying press, radio,
and television in the county and by such other means as may
now or hereafter be provided by law whenever before the
sixth Tuesday prior to a primary:
(1) A void in candidacy occurs;
(2) A vacancy occurs in any nonpartisan office leaving
an unexpired term to be filled by an election for which filings
have not been held; or
(3) A nominee for judge of the superior court entitled to
a certificate of election pursuant to Article 4, section 29,
Amendment 41 of the state Constitution, dies or is disqualified.
Candidacies validly filed within said three-day period
shall appear on the ballot as if made during the earlier filing
period. [2003 c 111 § 617. Prior: 2001 c 46 § 1; 1975-'76
2nd ex.s. c 120 § 10; 1972 ex.s. c 61 § 2. Formerly RCW
29.15.170, 29.21.360.]
Severability—1975-'76 2nd ex.s. c 120: See note following RCW
29A.52.210.
Severability—1972 ex.s. c 61: See note following RCW 29A.24.140.
29A.24.180
29A.24.180 Reopening of filing—After sixth Tuesday
before primary. (Effective July 1, 2004.) Filings for a nonpartisan office (other than judge of the supreme court or
superintendent of public instruction) shall be reopened for a
period of three normal business days, such three day period to
be fixed by the election officer with whom such declarations
of candidacy are filed and notice thereof given by notifying
press, radio, and television in the county and by such other
means as may now or hereafter be provided by law, when:
(1) A void in candidacy for such nonpartisan office
occurs on or after the sixth Tuesday prior to a primary but
prior to the sixth Tuesday before an election; or
(2) A nominee for judge of the superior court eligible
after a contested primary for a certificate of election by Article 4, section 29, Amendment 41 of the state Constitution,
dies or is disqualified within the ten day period immediately
following the last day allotted for a candidate to withdraw; or
(3) A vacancy occurs in any nonpartisan office on or
after the sixth Tuesday prior to a primary but prior to the sixth
Tuesday before an election leaving an unexpired term to be
filled by an election for which filings have not been held.
The candidate receiving a plurality of the votes cast for
that office in the general election shall be deemed elected.
[2003 c 111 § 618. Prior: 2001 c 46 § 2; 1975-'76 2nd ex.s.
c 120 § 11; 1972 ex.s. c 61 § 3. Formerly RCW 29.15.180,
29.21.370.]
Severability—1975-'76 2nd ex.s. c 120: See note following RCW
29A.24.140.
Severability—1972 ex.s. c 61: See note following RCW 29A.24.140.
[2003 RCW Supp—page 332]
29A.24.190 Scheduled election lapses, when. (Effective July 1, 2004.) A scheduled election shall be lapsed, the
office deemed stricken from the ballot, no purported write-in
votes counted, and no candidate certified as elected, when:
(1) In an election for judge of the supreme court or superintendent of public instruction, a void in candidacy occurs on
or after the sixth Tuesday prior to a primary, public filings
and the primary being an indispensable phase of the election
process for such offices;
(2) Except as otherwise specified in RCW 29A.24.180, a
nominee for judge of the superior court entitled to a certificate of election pursuant to Article 4, section 29, Amendment
41 of the state Constitution dies or is disqualified on or after
the sixth Tuesday prior to a primary;
(3) In other elections for nonpartisan office a void in candidacy occurs or a vacancy occurs involving an unexpired
term to be filled on or after the sixth Tuesday prior to an election. [2003 c 111 § 619; 2002 c 108 § 1; 1975-'76 2nd ex.s. c
120 § 12; 1972 ex.s. c 61 § 4. Formerly RCW 29.15.190,
29.21.380.]
Severability—1975-'76 2nd ex.s. c 120: See note following RCW
29A.52.210.
Severability—1972 ex.s. c 61: See note following RCW 29A.24.140.
29A.24.200
29A.24.200 Lapse of election when no filing for single
positions—Effect. (Effective July 1, 2004.) If after both the
normal filing period and special three day filing period as
provided by RCW 29A.24.170 and 29A.24.180 have passed,
no candidate has filed for any single city, town, or district
position to be filled, the election for such position shall be
deemed lapsed, the office deemed stricken from the ballot
and no write-in votes counted. In such instance, the incumbent occupying such position shall remain in office and continue to serve until a successor is elected at the next election
when such positions are voted upon. [2003 c 111 § 620.
Prior: 1994 c 223 § 8; 1975-'76 2nd ex.s. c 120 § 13. Formerly RCW 29.15.200, 29.21.385.]
Severability—1975-'76 2nd ex.s. c 120: See note following RCW
29A.52.210.
29A.24.210
29A.24.210 Vacancy in partisan elective office—Special filing period. (Effective July 1, 2004.) Filings for a partisan elective office shall be opened for a period of three normal business days whenever, on or after the first day of the
regular filing period and before the sixth Tuesday prior to a
primary, a vacancy occurs in that office, leaving an unexpired
term to be filled by an election for which filings have not
been held.
Any such special three-day filing period shall be fixed by
the election officer with whom declarations of candidacy for
that office are filed. The election officer shall give notice of
the special three-day filing period by notifying the press,
radio, and television in the county or counties involved, and
by such other means as may be required by law.
Candidacies validly filed within the special three-day filing period shall appear on the primary ballot as if filed during
the regular filing period. [2003 c 111 § 621. Prior: 2001 c
46 § 3; 1981 c 180 § 2. Formerly RCW 29.15.230,
29.18.032.]
Severability—1981 c 180: See note following RCW 42.12.040.
Vacancies
Vacancy in partisan elective office, successor elected, when: RCW
42.12.040.
Vacancy in United States senate, special filing period in 1983: Chapter 1,
Laws of 1983 3rd ex. sess. (uncodified).
Vacancy on major party ticket: RCW 29A.28.010.
29A.28.020
shall ensure that those persons charged with counting the ballots for a primary or election are notified of all valid write-in
candidates before the tabulation of those ballots. [2003 c 111
§ 623. Prior: 1988 c 181 § 2. Formerly RCW 29.04.190.]
Chapter 29A.28
WRITE-IN CANDIDATES
29A.24.310
29A.24.310 Write-in voting—Candidates, declaration. (Effective July 1, 2004.) Any person who desires to be
a write-in candidate and have such votes counted at a primary
or election may file a declaration of candidacy with the
officer designated in RCW 29A.24.070 not later than the day
before the primary or election. Declarations of candidacy for
write-in candidates must be accompanied by a filing fee in
the same manner as required of other candidates filing for the
office as provided in RCW 29A.24.090.
Votes cast for write-in candidates who have filed such
declarations of candidacy and write-in votes for persons
appointed by political parties pursuant to RCW 29A.28.020
need only specify the name of the candidate in the appropriate location on the ballot in order to be counted. Write-in
votes cast for any other candidate, in order to be counted,
must designate the office sought and position number or
political party, if the manner in which the write-in is done
does not make the office or position clear. In order for writein votes to be valid in jurisdictions employing optical-scan
mark sense ballot systems the voter must complete the proper
mark next to the write-in line for that office.
No person may file as a write-in candidate where:
(1) At a general election, the person attempting to file
either filed as a write-in candidate for the same office at the
preceding primary or the person's name appeared on the ballot for the same office at the preceding primary;
(2) The person attempting to file as a write-in candidate
has already filed a valid write-in declaration for that primary
or election, unless one or the other of the two filings is for the
office of precinct committeeperson;
(3) The name of the person attempting to file already
appears on the ballot as a candidate for another office, unless
one of the two offices for which he or she is a candidate is
precinct committeeperson.
The declaration of candidacy shall be similar to that
required by RCW 29A.24.030. No write-in candidate filing
under this section may be included in any voter's pamphlet
produced under chapter 29A.32 RCW unless that candidate
qualifies to have his or her name printed on the general election ballot. The legislative authority of any jurisdiction producing a local voter's pamphlet under chapter 29A.32 RCW
may provide, by ordinance, for the inclusion of write-in candidates in such pamphlets. [2003 c 111 § 622; 1999 c 157 §
1; 1995 c 158 § 1; 1990 c 59 § 100; 1988 c 181 § 1. Formerly
RCW 29.04.180.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.24.320
29A.24.320 Write-in candidates—Notice to auditors,
ballot counters. (Effective July 1, 2004.) The secretary of
state shall notify each county auditor of any declarations filed
with the secretary under RCW 29A.24.310 for offices
appearing on the ballot in that county. The county auditor
Chapter 29A.28 RCW
VACANCIES
Sections
29A.28.010
29A.28.020
29A.28.030
29A.28.040
29A.28.050
29A.28.060
29A.28.070
Major party ticket. (Effective July 1, 2004.)
Death or disqualification—Correcting ballots—Counting
votes already cast. (Effective July 1, 2004.)
United States senate. (Effective July 1, 2004.)
Congress—Special election. (Effective July 1, 2004.)
Congress—Notices of special primary and election. (Effective July 1, 2004.)
Congress—General, primary election laws to apply—Time
deadlines, modifications. (Effective July 1, 2004.)
Precinct committee officer. (Effective July 1, 2004.)
29A.28.010
29A.28.010 Major party ticket. (Effective July 1,
2004.) If a place on the ticket of a major political party is
vacant because no person has filed for nomination as the candidate of that major political party, after the last day allowed
for candidates to withdraw as provided by RCW 29A.24.130,
and if the vacancy is for a state or county office to be voted
on solely by the electors of a single county, the county central
committee of the major political party may select and certify
a candidate to fill the vacancy. If the vacancy is for any other
office the state central committee of the major political party
may select and certify a candidate to fill the vacancy. The
certificate must set forth the cause of the vacancy, the name
of the person nominated, the office for which the person is
nominated, and other pertinent information required in an
ordinary certificate of nomination and be filed in the proper
office no later than the first Friday after the last day allowed
for candidates to withdraw, together with the candidate's fee
applicable to that office and a declaration of candidacy.
[2003 c 111 § 701; 1990 c 59 § 102; 1977 ex.s. c 329 § 12;
1965 c 9 § 29.18.150. Prior: 1961 c 130 § 17; prior: (i) 1933
c 21 § 1, part; 1919 c 163 § 24, part; RRS § 5200, part. (ii)
1889 p 404 § 12; RRS § 5176. Formerly RCW 29.18.150.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Certifying primary candidates: RCW 29A.36.010.
29A.28.020
29A.28.020 Death or disqualification—Correcting
ballots—Counting votes already cast. (Effective July 1,
2004.) A vacancy caused by the death or disqualification of
any candidate or nominee of a major or minor political party
may be filled at any time up to and including the day prior to
the election for that position. For state partisan offices in any
political subdivision voted on solely by electors of a single
county, an individual shall be appointed to fill such vacancy
by the county central committee in the case of a major political party or by the state central committee or comparable
governing body in the case of a minor political party. For
other partisan offices, including federal or statewide offices,
an individual shall be appointed to fill such vacancy by the
state central committee or comparable governing body of the
appropriate political party.
If the vacancy occurs no later than the sixth Tuesday
prior to the state primary or general election concerned and
[2003 RCW Supp—page 333]
29A.28.030
Title 29A RCW: Elections
the ballots have been printed, it shall be mandatory that they
be corrected by the appropriate election officers. In making
such correction, it shall not be necessary to reprint complete
ballots if any other less expensive technique can be used and
the resulting correction is reasonably clear.
If the vacancy occurs after the sixth Tuesday prior to the
state primary or general election and time does not exist in
which to correct ballots (including absentee ballots), either in
total or in part, then the votes cast or recorded for the person
who has died or become disqualified shall be counted for the
person who has been named to fill such vacancy.
When the secretary of state is the person with whom the
appointment by the major or minor political party is filed, the
secretary shall, in certifying candidates or nominations to the
various county officers insert the name of the person
appointed to fill a vacancy.
If the secretary of state has already sent forth the certificate when the appointment to fill a vacancy is filed, the secretary shall forthwith certify to the county auditors of the
proper counties the name and place of residence of the person
appointed to fill a vacancy, the office for which the person is
a candidate or nominee, the party the person represents, and
all other pertinent facts pertaining to the vacancy. [2003 c
111 § 702; 2001 c 46 § 4; 1977 ex.s. c 329 § 13. Formerly
RCW 29.18.160.]
concert with the state primary and state general election in
that year.
(4) If the vacancy occurs on or after the first day for filing under RCW 29A.24.050 and on or before the second Friday following the close of the filing period, a special filing
period of three normal business days shall be fixed by the
governor and notice thereof given to all media, including
press, radio, and television within the area in which the
vacancy election is to be held, to the end that, insofar as possible, all interested persons will be aware of such filing
period. The last day of the filing period shall not be later than
the third Tuesday before the primary at which candidates are
to be nominated. The names of candidates who have filed
valid declarations of candidacy during this three-day period
shall appear on the approaching primary ballot.
(5) If the vacancy occurs later than the second Friday following the close of the filing period, a special primary and
special vacancy election to fill the position shall be held after
the next state general election but, in any event, no later than
the ninetieth day following the November election. [2003 c
111 § 704; 1990 c 59 § 105; 1985 c 45 § 4; 1973 2nd ex.s. c
36 § 3; 1965 c 9 § 29.68.080. Prior: 1915 c 60 § 1; 1909 ex.s.
c 25 § 1; RRS § 3799. Formerly RCW 29.68.080.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Legislative intent—1985 c 45: See note following RCW 29A.04.420.
29A.28.030
29A.28.030 United States senate. (Effective July 1,
2004.) When a vacancy occurs in the representation of this
state in the senate of the United States, the governor shall
make a temporary appointment to that office until the people
fill the vacancy by election as provided in this chapter. [2003
c 111 § 703. Prior: 1985 c 45 § 3; 1965 c 9 § 29.68.070;
prior: 1921 c 33 § 1; RRS § 3798. Formerly RCW
29.68.070.]
Legislative intent—1985 c 45: See note following RCW 29A.04.420.
Special procedures for primary for United States senate vacancy in 1983:
Chapter 1, Laws of 1983 3rd ex. sess. (uncodified).
Vacancies in public office, how caused: RCW 42.12.010.
29A.28.040
29A.28.040 Congress—Special election. (Effective
July 1, 2004.) (1) Whenever a vacancy occurs in the United
States house of representatives or the United States senate
from this state, the governor shall order a special election to
fill the vacancy.
(2) Within ten days of such vacancy occurring, he or she
shall issue a writ of election fixing a date for the special
vacancy election not less than ninety days after the issuance
of the writ, fixing a date for the primary for nominating candidates for the special vacancy election not less than thirty
days before the day fixed for holding the special vacancy
election, fixing the dates for the special filing period, and designating the term or part of the term for which the vacancy
exists. If the vacancy is in the office of United States representative, the writ of election shall specify the congressional
district that is vacant.
(3) If the vacancy occurs less than six months before a
state general election and before the second Friday following
the close of the filing period for that general election, the special primary and special vacancy elections shall be held in
[2003 RCW Supp—page 334]
Vacancies in public office, how caused: RCW 42.12.010.
29A.28.050
29A.28.050 Congress—Notices of special primary
and election. (Effective July 1, 2004.) After calling a special primary and special vacancy election to fill a vacancy in
the United States house of representatives or the United
States senate from this state, the governor shall immediately
notify the secretary of state who shall, in turn, immediately
notify the county auditor of each county wholly or partly
within which the vacancy exists.
Each county auditor shall publish notices of the special
primary and the special vacancy election at least once in any
legal newspaper published in the county, as provided by
RCW 29A.52.310 and 29A.52.350 respectively. [2003 c 111
§ 705; 1985 c 45 § 5; 1973 2nd ex.s. c 36 § 5; 1965 c 9 §
29.68.100. Prior: 1909 ex.s. c 25 § 2, part; RRS § 3800, part.
Formerly RCW 29.68.100.]
Legislative intent—1985 c 45: See note following RCW 29A.04.420.
29A.28.060
29A.28.060 Congress—General, primary election
laws to apply—Time deadlines, modifications. (Effective
July 1, 2004.) The general election laws and laws relating to
partisan primaries shall apply to the special primaries and
vacancy elections provided for in RCW 29A.28.040 through
29A.28.050 to the extent that they are not inconsistent with
the provisions of these sections. Statutory time deadlines
relating to availability of absentee ballots, certification, canvassing, and related procedures that cannot be met in a timely
fashion may be modified for the purposes of a specific primary or vacancy election under this chapter by the secretary
of state through emergency rules adopted under RCW
29A.04.610. [2003 c 111 § 706; 1985 c 45 § 7; 1965 c 9 §
29.68.130. Prior: 1909 ex.s. c 25 § 4; RRS § 3802. Formerly
RCW 29.68.130.]
Voters' Pamphlets
Legislative intent—1985 c 45: See note following RCW 29A.04.420.
29A.28.070
29A.28.070 Precinct committee officer. (Effective
July 1, 2004.) If a vacancy occurs in the office of precinct
committee officer by reason of death, resignation, or disqualification of the incumbent, or because of failure to elect, the
respective county chair of the county central committee shall
fill the vacancy by appointment. However, in a legislative
district having a majority of its precincts in a county with a
population of one million or more, the appointment may be
made only upon the recommendation of the legislative district chair. The person so appointed must have the same qualifications as candidates when filing for election to the office
for that precinct. When a vacancy in the office of precinct
committee officer exists because of failure to elect at a state
general election, the vacancy may not be filled until after the
organization meeting of the county central committee and the
new county chair has been selected as provided by RCW
29A.80.030. [2003 c 111 § 707.]
Chapter 29A.32
Chapter 29A.32 RCW
VOTERS' PAMPHLETS
Sections
STATE VOTERS' PAMPHLET
29A.32.010
29A.32.020
29A.32.030
29A.32.040
29A.32.050
29A.32.060
29A.32.070
29A.32.080
29A.32.090
29A.32.100
29A.32.110
29A.32.120
Printing and distribution. (Effective July 1, 2004.)
Prohibition against deceptively similar campaign materials.
(Effective July 1, 2004.)
Contents. (Effective July 1, 2004.)
Explanatory statements. (Effective July 1, 2004.)
Notice of constitutional amendments and state measures—
Explanatory statement. (Effective July 1, 2004.)
Arguments. (Effective July 1, 2004.)
Format, layout, contents. (Effective July 1, 2004.)
Amendatory style. (Effective July 1, 2004.)
Arguments—Rejection, dispute. (Effective July 1, 2004.)
Arguments—Public inspection. (Effective July 1, 2004.)
Photographs. (Effective July 1, 2004.)
Candidates' statements—Length. (Effective July 1, 2004.)
LOCAL VOTERS' PAMPHLET
29A.32.210
29A.32.220
29A.32.230
29A.32.240
29A.32.250
29A.32.260
29A.32.270
29A.32.280
Authorization—Contents—Format. (Effective July 1,
2004.)
Notice of production—Local governments' decision to participate. (Effective July 1, 2004.)
Administrative rules. (Effective July 1, 2004.)
Contents. (Effective July 1, 2004.)
Candidates, when included. (Effective July 1, 2004.)
Mailing. (Effective July 1, 2004.)
Cost. (Effective July 1, 2004.)
Arguments advocating approval or disapproval—Preparation by committees. (Effective July 1, 2004.)
STATE VOTERS' PAMPHLET
29A.32.010
29A.32.010 Printing and distribution. (Effective July
1, 2004.) The secretary of state shall, whenever at least one
statewide measure or office is scheduled to appear on the
general election ballot, print and distribute a voters' pamphlet.
The secretary of state shall distribute the voters' pamphlet to each household in the state, to public libraries, and to
any other locations he or she deems appropriate. The secretary of state shall also produce taped or Braille transcripts of
the voters' pamphlet, publicize their availability, and mail
without charge a copy to any person who requests one.
The secretary of state may make the material required to
be distributed by this chapter available to the public in elec-
29A.32.030
tronic form. The secretary of state may provide the material
in electronic form to computer bulletin boards, print and
broadcast news media, community computer networks, and
similar services at the cost of reproduction or transmission of
the data. [2003 c 111 § 801. Prior: 1999 c 260 § 1. Formerly
RCW 29.81.210.]
29A.32.020
29A.32.020 Prohibition against deceptively similar
campaign materials. (Effective July 1, 2004.) No person or
entity may publish or distribute any campaign material that is
deceptively similar in design or appearance to a voters' pamphlet that was published by the secretary of state during the
ten-year period before the publication or distribution of the
campaign material by the person or entity. The secretary of
state shall take reasonable measures to prevent or to stop violations of this section. Such measures may include, among
others, petitioning the superior court for a temporary restraining order or other appropriate injunctive relief. In addition,
the secretary may request the superior court to impose a civil
fine on a violator of this section. The court is authorized to
levy on and recover from each violator a civil fine not to
exceed the greater of: (1) Two dollars for each copy of the
deceptive material distributed, or (2) one thousand dollars. In
addition, the violator is liable for the state's legal expenses
and other costs resulting from the violation. Any funds
recovered under this section must be transmitted to the state
treasurer for deposit in the general fund. [2003 c 111 § 802;
1984 c 41 § 1. Formerly RCW 29.04.035.]
29A.32.030
29A.32.030 Contents. (Effective July 1, 2004.) The
voters' pamphlet must contain:
(1) Information about each ballot measure initiated by or
referred to the voters for their approval or rejection as
required by RCW 29A.32.070;
(2) In even-numbered years, statements, if submitted,
advocating the candidacies of nominees for the office of president and vice president of the United States, United States
senator, United States representative, governor, lieutenant
governor, secretary of state, state treasurer, state auditor,
attorney general, commissioner of public lands, superintendent of public instruction, insurance commissioner, state senator, state representative, justice of the supreme court, judge
of the court of appeals, or judge of the superior court. Candidates may also submit a campaign mailing address and telephone number and a photograph not more than five years old
and of a size and quality that the secretary of state determines
to be suitable for reproduction in the voters' pamphlet;
(3) In odd-numbered years, if any office voted upon
statewide appears on the ballot due to a vacancy, then statements and photographs for candidates for any vacant office
listed in subsection (2) of this section must appear;
(4) In even-numbered years, a section explaining how
voters may participate in the election campaign process; the
address and telephone number of the public disclosure commission established under RCW 42.17.350; and a summary
of the disclosure requirements that apply when contributions
are made to candidates and political committees;
(5) In even-numbered years the name, address, and telephone number of each political party with nominees listed in
the pamphlet, if filed with the secretary of state by the state
[2003 RCW Supp—page 335]
29A.32.040
Title 29A RCW: Elections
committee of a major political party or the presiding officer
of the convention of a minor political party;
(6) In each odd-numbered year immediately before a
year in which a president of the United States is to be nominated and elected, information explaining the precinct caucus
and convention process used by each major political party to
elect delegates to its national presidential candidate nominating convention. The pamphlet must also provide a description of the statutory procedures by which minor political parties are formed and the statutory methods used by the parties
to nominate candidates for president;
(7) In even-numbered years, a description of the office of
precinct committee officer and its duties;
(8) An application form for an absentee ballot;
(9) A brief statement explaining the deletion and addition of language for proposed measures under RCW
29A.32.080;
(10) Any additional information pertaining to elections
as may be required by law or in the judgment of the secretary
of state is deemed informative to the voters. [2003 c 111 §
803. Prior: 1999 c 260 § 2. Formerly RCW 29.81.220.]
avoid the use of legal and other technical terms insofar as
possible. Any person dissatisfied with the explanatory statement so prepared may at any time within ten days from the
filing thereof in the office of the secretary of state appeal to
the superior court of Thurston county by petition setting forth
the proposed state measure, the explanatory statement prepared by the attorney general, and his or her objection thereto
and praying for the amendment thereof. A copy of the petition and a notice of such appeal shall be served on the secretary of state and the attorney general. The court shall, upon
filing of the petition, examine the proposed state measure, the
explanatory statement, and the objections thereto and may
hear argument thereon and shall, as soon as possible, render
its decision and certify to and file with the secretary of state
such explanatory statement as it determines will meet the
requirement of RCW 29A.52.330, 29A.52.340, and this section. The decision of the superior court shall be final and its
explanatory statement shall be the established explanatory
statement. Such appeal shall be heard without costs to either
party. [2003 c 111 § 805; 1967 c 96 § 3; 1965 c 9 §
29.27.076. Prior: 1961 c 176 § 3. Formerly RCW
29.27.076.]
29A.32.040
29A.32.040 Explanatory statements. (Effective July
1, 2004.) (1) Explanatory statements prepared by the attorney general under RCW 29A.32.070 (3) and (4) must be written in clear and concise language, avoiding legal and technical terms when possible, and filed with the secretary of state.
(2) When the explanatory statement for a measure initiated by petition is filed with the secretary of state, the secretary of state shall immediately provide the text of the explanatory statement to the person proposing the measure and any
others who have made written request for notification of the
exact language of the explanatory statement. When the
explanatory statement for a measure referred to the ballot by
the legislature is filed with the secretary of state, the secretary
of state shall immediately provide the text of the explanatory
statement to the presiding officer of the senate and the presiding officer of the house of representatives and any others who
have made written request for notification of the exact language of the explanatory statement.
(3) A person dissatisfied with the explanatory statement
may appeal to the superior court of Thurston County within
five days of the filing date. A copy of the petition and a
notice of the appeal must be served on the secretary of state
and the attorney general. The court shall examine the measure, the explanatory statement, and objections, and may hear
arguments. The court shall render its decision and certify to
and file with the secretary of state an explanatory statement it
determines will meet the requirements of this chapter.
The decision of the superior court is final, and its explanatory statement is the established explanatory statement. The
appeal must be heard without costs to either party. [2003 c
111 § 804. Prior: 1999 c 260 § 3. Formerly RCW
29.81.230.]
29A.32.050
29A.32.050 Notice of constitutional amendments and
state measures—Explanatory statement. (Effective July
1, 2004.) The attorney general shall, by the first day of July
preceding each general election, prepare the explanatory
statements required in RCW 29A.52.340. Such statements
shall be prepared in clear and concise language and shall
[2003 RCW Supp—page 336]
29A.32.060
29A.32.060 Arguments. (Effective July 1, 2004.)
Committees shall write and submit arguments advocating the
approval or rejection of each statewide ballot issue and rebuttals of those arguments. The secretary of state, the presiding
officer of the senate, and the presiding officer of the house of
representatives shall appoint the initial two members of each
committee. In making these committee appointments the
secretary of state and presiding officers of the senate and
house of representatives shall consider legislators, sponsors
of initiatives and referendums, and other interested groups
known to advocate or oppose the ballot measure.
The initial two members may select up to four additional
members, and the committee shall elect a chairperson. The
remaining committee member or members may fill vacancies
through appointment.
After the committee submits its initial argument statements to the secretary of state, the secretary of state shall
transmit the statements to the opposite committee. The opposite committee may then prepare rebuttal arguments. Rebuttals may not interject new points.
The voters' pamphlet may contain only argument statements prepared according to this section. Arguments may
contain graphs and charts supported by factual statistical data
and pictures or other illustrations. Cartoons or caricatures are
not permitted. [2003 c 111 § 806. Prior: 1999 c 260 § 4.
Formerly RCW 29.81.240.]
29A.32.070
29A.32.070 Format, layout, contents. (Effective July
1, 2004.) The secretary of state shall determine the format
and layout of the voters' pamphlet. The secretary of state
shall print the pamphlet in clear, readable type on a size, quality, and weight of paper that in the judgment of the secretary
of state best serves the voters. The pamphlet must contain a
table of contents. Federal and state offices must appear in the
pamphlet in the same sequence as they appear on the ballot.
Measures and arguments must be printed in the order specified by RCW 29A.72.290.
Voters' Pamphlets
The voters' pamphlet must provide the following information for each statewide issue on the ballot:
(1) The legal identification of the measure by serial designation or number;
(2) The official ballot title of the measure;
(3) A statement prepared by the attorney general explaining the law as it presently exists;
(4) A statement prepared by the attorney general explaining the effect of the proposed measure if it becomes law;
(5) The fiscal impact statement prepared under RCW
29.79.075;
(6) The total number of votes cast for and against the
measure in the senate and house of representatives, if the
measure has been passed by the legislature;
(7) An argument advocating the voters' approval of the
measure together with any statement in rebuttal of the opposing argument;
(8) An argument advocating the voters' rejection of the
measure together with any statement in rebuttal of the opposing argument;
(9) Each argument or rebuttal statement must be followed by the names of the committee members who submitted them, and may be followed by a telephone number that
citizens may call to obtain information on the ballot measure;
(10) The full text of each measure. [2003 c 111 § 807.
Prior: 2002 c 139 § 2; 1999 c 260 § 5. Formerly RCW
29.81.250.]
29A.32.080
29A.32.080 Amendatory style. (Effective July 1,
2004.) Statewide ballot measures that amend existing law
must be printed in the voters' pamphlet so that language proposed for deletion is enclosed by double parentheses and has
a line through it. Proposed new language must be underlined.
A statement explaining the deletion and addition of language
must appear as follows: "Any language in double parentheses with a line through it is existing state law and will be
taken out of the law if this measure is approved by voters.
Any underlined language does not appear in current state law
but will be added to the law if this measure is approved by
voters." [2003 c 111 § 808. Prior: 1999 c 260 § 6. Formerly
RCW 29.81.260.]
29A.32.090
29A.32.090 Arguments—Rejection, dispute. (Effective July 1, 2004.) (1) If in the opinion of the secretary of
state any argument or statement offered for inclusion in the
voters' pamphlet in support of or opposition to a measure or
candidate contains obscene matter or matter that is otherwise
prohibited by law from distribution through the mail, the secretary may petition the superior court of Thurston County for
a judicial determination that the argument or statement may
be rejected for publication or edited to delete the matter. The
court shall not enter such an order unless it concludes that the
matter is obscene or otherwise prohibited for distribution
through the mail.
(2)(a) A person who believes that he or she may be
defamed by an argument or statement offered for inclusion in
the voters' pamphlet in support of or opposition to a measure
or candidate may petition the superior court of Thurston
County for a judicial determination that the argument or
statement may be rejected for publication or edited to delete
the defamatory statement.
29A.32.100
(b) The court shall not enter such an order unless it concludes that the statement is untrue and that the petitioner has
a very substantial likelihood of prevailing in a defamation
action.
(c) An action under this subsection (2) must be filed and
served no later than the tenth day after the deadline for the
submission of the argument or statement to the secretary of
state.
(d) If the secretary of state notifies a person named or
identified in an argument or statement of the contents of the
argument or statement within three days after the deadline for
submission to the secretary, then neither the state nor the secretary is liable for damages resulting from publication of the
argument or statement unless the secretary publishes the
argument or statement in violation of an order entered under
this section. Nothing in this section creates a duty on the part
of the secretary of state to identify, locate, or notify the person.
(3) Parties to a dispute under this section may agree to
resolve the dispute by rephrasing the argument or statement,
even if the deadline for submission to the secretary has
elapsed, unless the secretary determines that the process of
publication is too far advanced to permit the change. The
secretary shall promptly provide any such revision to any
committee entitled to submit a rebuttal argument. If that
committee has not yet submitted its rebuttal, its deadline to
submit a rebuttal is extended by five days. If it has submitted
a rebuttal, it may revise it to address the change within five
days of the filing of the revised argument with the secretary.
(4) In an action under this section the committee or candidate must be named as a defendant, and may be served with
process by certified mail directed to the address contained in
the secretary's records for that party. The secretary of state
shall be a nominal party to an action brought under subsection (2) of this section, solely for the purpose of determining
the content of the voters' pamphlet. The superior court shall
give such an action priority on its calendar. [2003 c 111 §
809. Prior: 1999 c 260 § 8. Formerly RCW 29.81.280.]
29A.32.100
29A.32.100 Arguments—Public inspection. (Effective July 1, 2004.) (1) An argument or statement submitted to
the secretary of state for publication in the voters' pamphlet is
not available for public inspection or copying until:
(a) In the case of candidate statements, (i) all statements
by all candidates who have filed for a particular office have
been received, except those who informed the secretary that
they will not submit statements, or (ii) the deadline for submission of statements has elapsed;
(b) In the case of arguments supporting or opposing a
measure, (i) the arguments on both sides have been received,
unless a committee was not appointed for one side, or (ii) the
deadline for submission of arguments has elapsed; and
(c) In the case of rebuttal arguments, (i) the rebuttals on
both sides have been received, unless a committee was not
appointed for one side, or (ii) the deadline for submission of
arguments has elapsed.
(2) Nothing in this section prohibits the secretary from
releasing information under RCW 29A.32.090(2)(d). [2003
c 111 § 810. Prior: 1999 c 260 § 9. Formerly RCW
29.81.290.]
[2003 RCW Supp—page 337]
29A.32.110
Title 29A RCW: Elections
29A.32.110
29A.32.110 Photographs. (Effective July 1, 2004.)
All photographs of candidates submitted for publication must
conform to standards established by the secretary of state by
rule. No photograph may reveal clothing or insignia suggesting the holding of a public office. [2003 c 111 § 811. Prior:
1999 c 260 § 10. Formerly RCW 29.81.300.]
29A.32.120
29A.32.120 Candidates' statements—Length.
(Effective July 1, 2004.) (1) The maximum number of words
for statements submitted by candidates is as follows: State
representative, one hundred words; state senator, judge of the
superior court, judge of the court of appeals, justice of the
supreme court, and all state offices voted upon throughout the
state, except that of governor, two hundred words; president
and vice president, United States senator, United States representative, and governor, three hundred words.
(2) Arguments written by committees under RCW
29A.32.060 may not exceed two hundred fifty words in
length.
(3) Rebuttal arguments written by committees may not
exceed seventy-five words in length.
(4) The secretary of state shall allocate space in the pamphlet based on the number of candidates or nominees for each
office. [2003 c 254 § 6; 2003 c 111 § 812; 1999 c 260 § 11.
Formerly RCW 29.81.310.]
Reviser's note: This section was amended by 2003 c 111 § 812 and by
2003 c 254 § 6, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
LOCAL VOTERS' PAMPHLET
29A.32.210
29A.32.210 Authorization—Contents—Format.
(Effective July 1, 2004.) At least ninety days before any primary or general election, or at least forty days before any special election held under RCW 29A.04.320 or 29A.04.330, the
legislative authority of any county or first-class or code city
may adopt an ordinance authorizing the publication and distribution of a local voters' pamphlet. The pamphlet shall provide information on all measures within that jurisdiction and
may, if specified in the ordinance, include information on
candidates within that jurisdiction. If both a county and a
first-class or code city within that county authorize a local
voters' pamphlet for the same election, the pamphlet shall be
produced jointly by the county and the first-class or code city.
If no agreement can be reached between the county and firstclass or code city, the county and first-class or code city may
each produce a pamphlet. Any ordinance adopted authorizing a local voters' pamphlet may be for a specific primary,
special election, or general election or for any future primaries or elections. The format of any local voters' pamphlet
shall, whenever applicable, comply with the provisions of
this chapter regarding the publication of the state candidates'
and voters' pamphlets. [2003 c 111 § 813; 1984 c 106 § 3.
Formerly RCW 29.81A.010.]
29A.32.220
29A.32.220 Notice of production—Local governments' decision to participate. (Effective July 1, 2004.) (1)
Not later than ninety days before the publication and distribution of a local voters' pamphlet by a county, the county auditor shall notify each city, town, or special taxing district
[2003 RCW Supp—page 338]
located wholly within that county that a pamphlet will be produced.
(2) If a voters' pamphlet is published by the county for a
primary or general election, the pamphlet shall be published
for the elective offices and ballot measures of the county and
for the elective offices and ballot measures of each unit of
local government located entirely within the county which
will appear on the ballot at that primary or election. However, the offices and measures of a first class or code city
shall not be included in the pamphlet if the city publishes and
distributes its own voters' pamphlet for the primary or election for its offices and measures. The offices and measures of
any other town or city are not required to appear in the
county's pamphlet if the town or city is obligated by ordinance or charter to publish and distribute a voters' pamphlet
for the primary or election for its offices and measures and it
does so.
If the required appearance in a county's voters' pamphlet
of the offices or measures of a unit of local government
would create undue financial hardship for the unit of government, the legislative authority of the unit may petition the
legislative authority of the county to waive this requirement.
The legislative authority of the county may provide such a
waiver if it does so not later than sixty days before the publication of the pamphlet and it finds that the requirement would
create such hardship.
(3) If a city, town, or district is located within more than
one county, the respective county auditors may enter into an
interlocal agreement to permit the distribution of each
county's local voters' pamphlet into those parts of the city,
town, or district located outside of that county.
(4) If a first-class or code city authorizes the production
and distribution of a local voters' pamphlet, the city clerk of
that city shall notify any special taxing district located wholly
within that city that a pamphlet will be produced. Notification shall be provided in the manner required or provided for
in subsection (1) of this section.
(5) A unit of local government located within a county
and the county may enter into an interlocal agreement for the
publication of a voters' pamphlet for offices or measures not
required by subsection (2) of this section to appear in a
county's pamphlet. [2003 c 111 § 814; 1994 c 191 § 1; 1984
c 106 § 4. Formerly RCW 29.81A.020.]
29A.32.230
29A.32.230 Administrative rules. (Effective July 1,
2004.) The county auditor or, if applicable, the city clerk of
a first-class or code city shall, in consultation with the participating jurisdictions, adopt and publish administrative rules
necessary to facilitate the provisions of any ordinance authorizing production of a local voters' pamphlet. Any amendment to such a rule shall also be adopted and published. Copies of the rules shall identify the date they were adopted or
last amended and shall be made available to any person upon
request. One copy of the rules adopted by a county auditor
and one copy of any amended rules shall be submitted to the
county legislative authority. One copy of the rules adopted
by a city clerk and one copy of any amended rules shall be
submitted to the city legislative authority. These rules shall
include but not be limited to the following:
(1) Deadlines for decisions by cities, towns, or special
taxing districts on being included in the pamphlet;
Ballots and Other Voting Forms
Chapter 29A.36
29A.32.270
(2) Limits on the length and deadlines for submission of
arguments for and against each measure;
(3) The basis for rejection of any explanatory or candidates' statement or argument deemed to be libelous or otherwise inappropriate. Any statements by a candidate shall be
limited to those about the candidate himself or herself;
(4) Limits on the length and deadlines for submission of
candidates' statements;
(5) An appeal process in the case of the rejection of any
statement or argument. [2003 c 111 § 815. Prior: 1984 c 106
§ 5. Formerly RCW 29.81A.030.]
29A.32.240
29A.32.240 Contents. (Effective July 1, 2004.) The
local voters' pamphlet shall include but not be limited to the
following:
(1) Appearing on the cover, the words "official local voters' pamphlet," the name of the jurisdiction producing the
pamphlet, and the date of the election or primary;
(2) A list of jurisdictions that have measures or candidates in the pamphlet;
(3) Information on how a person may register to vote and
obtain an absentee ballot;
(4) The text of each measure accompanied by an explanatory statement prepared by the prosecuting attorney for any
county measure or by the attorney for the jurisdiction submitting the measure if other than a county measure. All explanatory statements for city, town, or district measures not
approved by the attorney for the jurisdiction submitting the
measure shall be reviewed and approved by the county prosecuting attorney or city attorney, when applicable, before
inclusion in the pamphlet;
(5) The arguments for and against each measure submitted by committees selected pursuant to RCW 29A.32.280.
[2003 c 111 § 816; 1984 c 106 § 6. Formerly RCW
29.81A.040.]
29A.32.250
29A.32.250 Candidates, when included. (Effective
July 1, 2004.) If the legislative authority of a county or firstclass or code city provides for the inclusion of candidates in
the local voters' pamphlet, the pamphlet shall include the
statements from candidates and may also include those candidates' photographs. [2003 c 111 § 817. Prior: 1984 c 106 §
7. Formerly RCW 29.81A.050.]
29A.32.260
29A.32.260 Mailing. (Effective July 1, 2004.) As soon
as practicable before the primary, special election, or general
election, the county auditor, or if applicable, the city clerk of
a first-class or code city, as appropriate, shall mail the local
voters' pamphlet to every residence in each jurisdiction that
has included information in the pamphlet. The county auditor or city clerk, as appropriate, may choose to mail the pamphlet to each registered voter in each jurisdiction that has
included information in the pamphlet, if in his or her judgment, a more economical and effective distribution of the
pamphlet would result. If the county or city chooses to mail
the pamphlet to each residence, no notice of election otherwise required by RCW 29A.52.350 need be published. [2003
c 111 § 818. Prior: 1984 c 106 § 8. Formerly RCW
29.81A.060.]
29A.32.270 Cost. (Effective July 1, 2004.) The cost of
a local voters' pamphlet shall be considered an election cost
to those local jurisdictions included in the pamphlet and shall
be prorated in the manner provided in RCW 29A.04.410.
[2003 c 111 § 819. Prior: 1984 c 106 § 9. Formerly RCW
29.81A.070.]
29A.32.280
29A.32.280 Arguments advocating approval or disapproval—Preparation by committees. (Effective July 1,
2004.) For each measure from a unit of local government that
is included in a local voters' pamphlet, the legislative authority of that jurisdiction shall, not later than forty-five days
before the publication of the pamphlet, formally appoint a
committee to prepare arguments advocating voters' approval
of the measure and shall formally appoint a committee to prepare arguments advocating voters' rejection of the measure.
The authority shall appoint persons known to favor the measure to serve on the committee advocating approval and shall,
whenever possible, appoint persons known to oppose the
measure to serve on the committee advocating rejection.
Each committee shall have not more than three members,
however, a committee may seek the advice of any person or
persons. If the legislative authority of a unit of local government fails to make such appointments by the prescribed deadline, the county auditor shall whenever possible make the
appointments. [2003 c 111 § 820. Prior: 1994 c 191 § 2;
1984 c 106 § 10. Formerly RCW 29.81A.080.]
Chapter 29A.36 RCW
BALLOTS AND OTHER VOTING FORMS
Chapter 29A.36
Sections
29A.36.010
29A.36.020
29A.36.030
29A.36.040
29A.36.050
29A.36.060
29A.36.070
29A.36.080
29A.36.090
29A.36.100
29A.36.110
29A.36.120
29A.36.130
29A.36.140
29A.36.150
29A.36.160
29A.36.170
29A.36.180
29A.36.190
29A.36.200
29A.36.210
Certifying primary candidates. (Effective July 1, 2004.)
Constitutional measures—Ballot title—Formulation, ballot
display, certification. (Effective July 1, 2004.)
Constitutional measures—Ballot title—Filing. (Effective
July 1, 2004.)
Constitutional, statewide questions—Notice of ballot title
and summary. (Effective July 1, 2004.)
Statewide question—Ballot title—Formulation, ballot display. (Effective July 1, 2004.)
Constitutional, statewide questions—Ballot title—Appeal.
(Effective July 1, 2004.)
Local measures—Ballot title—Formulation—Advertising.
(Effective July 1, 2004.)
Local measures—Ballot title—Notice. (Effective July 1,
2004.)
Local measures—Ballot title—Appeal. (Effective July 1,
2004.)
Names on primary ballot. (Effective July 1, 2004.)
Uniformity, arrangement, contents required. (Effective July
1, 2004.)
Order of offices and issues—Party indication. (Effective
July 1, 2004.)
Order of candidates on ballots. (Effective July 1, 2004.)
Primaries—Rotating names of candidates. (Effective July
1, 2004.)
Sample ballots. (Effective July 1, 2004.)
Arrangement of instructions, measures, offices—Order of
candidates—Numbering of ballots. (Effective July 1,
2004.)
Nonpartisan candidates qualified for general election.
(Effective July 1, 2004.)
Disqualified candidates in nonpartisan elections—Special
procedures for conduct of election. (Effective July 1,
2004.)
Partisan candidates qualified for general election. (Effective
July 1, 2004.)
Names qualified to appear on election ballot. (Effective July
1, 2004.)
Property tax levies—Ballot form. (Effective July 1, 2004.)
[2003 RCW Supp—page 339]
29A.36.010
29A.36.220
Title 29A RCW: Elections
Expense of printing and distributing ballot materials.
(Effective July 1, 2004.)
29A.36.010
29A.36.010 Certifying primary candidates. (Effective July 1, 2004.) On or before the day following the last
day for political parties to fill vacancies in the ticket as provided by RCW 29A.28.010, the secretary of state shall certify
to each county auditor a list of the candidates who have filed
declarations of candidacy in his or her office for the primary.
For each office, the certificate shall include the name of each
candidate, his or her address, and his or her party designation,
if any. [2003 c 111 § 901. Prior: 1990 c 59 § 8; 1965 ex.s. c
103 § 4; 1965 c 9 § 29.27.020; prior: 1949 c 161 § 10, part;
1947 c 234 § 2, part; 1935 c 26 § 1, part; 1921 c 178 § 4, part;
1907 c 209 § 8, part; Rem. Supp. 1949 § 5185, part. Formerly
RCW 29.27.020.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.36.020
29A.36.020 Constitutional measures—Ballot title—
Formulation, ballot display, certification. (Effective July
1, 2004.) (1) When a proposed constitutional amendment is
to be submitted to the people of the state for statewide popular vote, the ballot title consists of: (a) A statement of the
subject of the amendment; (b) a concise description of the
amendment; and (c) a question in the form prescribed in this
section. The statement of the subject of a constitutional
amendment must be sufficiently broad to reflect the nature of
the amendment, sufficiently precise to give notice of the
amendment's subject matter, and not exceed ten words. The
concise description must contain no more than thirty words,
give a true and impartial description of the amendment's
essential contents, clearly identify the amendment to be voted
on, and not, to the extent reasonably possible, create prejudice either for or against the amendment.
The ballot title for a proposed constitutional amendment
must be displayed on the ballot substantially as follows:
"The legislature has proposed a constitutional
amendment on (statement of subject). This amendment would (concise description). Should this constitutional amendment be:
Approved
Rejected
............................ â
. . . . . . . . . . . . . . . . . . . . . . . . . . . . â"
(2) When a proposed new constitution is submitted to the
people of the state by a constitutional convention for statewide popular vote, the ballot title consists of: (a) A concise
description of the new constitution; and (b) a question in the
form prescribed in this section. The concise description must
contain no more than thirty words, give a true and impartial
description of the new constitution's essential contents,
clearly identify the proposed constitution to be voted on, and
not, to the extent reasonably possible, create prejudice either
for or against the new constitution.
The ballot title for a proposed new constitution must be
displayed on the ballot substantially as follows:
"The constitutional convention approved a new proposed state constitution that (concise description).
Should this proposed constitution be:
Approved
............................ â
[2003 RCW Supp—page 340]
Rejected
. . . . . . . . . . . . . . . . . . . . . . . . . . . . â"
(3) The legislature may specify the statement of subject
or concise description, or both, in a constitutional amendment
that it submits to the people. If the legislature fails to specify
the statement of subject or concise description, or both, the
attorney general shall prepare the material that was not specified. The statement of subject and concise description as so
provided must be included as part of the ballot title unless
changed on appeal.
The attorney general shall specify the concise description for a proposed new constitution that is submitted to the
people by a constitutional convention, and the concise
description as so provided must be included as part of the ballot title unless changed on appeal.
(4) The secretary of state shall certify to the county auditors the ballot title for a proposed constitution, constitutional
amendment, or other statewide question at the same time and
in the same manner as the ballot titles to initiatives and referendums. [2003 c 111 § 902. Prior: 2000 c 197 § 7. Formerly
RCW 29.27.057.]
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.36.030
29A.36.030 Constitutional measures—Ballot title—
Filing. (Effective July 1, 2004.) The ballot title for a constitutional amendment or proposed constitution must be filed
with the secretary of state in the same manner as the ballot
title and summary for a state initiative or referendum are
filed. [2003 c 111 § 903. Prior: 2000 c 197 § 8. Formerly
RCW 29.27.061.]
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.36.040
29A.36.040 Constitutional, statewide questions—
Notice of ballot title and summary. (Effective July 1,
2004.) Upon the filing of a ballot title under RCW
29A.36.020 or 29A.36.050, the secretary of state shall provide notice of the exact language of the ballot title and summary to the chief clerk of the house of representatives, the
secretary of the senate, and the prime sponsor of measure.
[2003 c 111 § 904. Prior: 2000 c 197 § 9; 1993 c 256 § 11;
1965 c 9 § 29.27.065; prior: 1953 c 242 § 3. Formerly RCW
29.27.065.]
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
Severability—Effective date—1993 c 256: See notes following RCW
29A.84.280.
29A.36.050
29A.36.050 Statewide question—Ballot title—Formulation, ballot display. (Effective July 1, 2004.) (1) If the
legislature submits a question to the people for a statewide
popular vote that is not governed by RCW 29A.72.050 or
29A.36.020, the ballot title on the question consists of: (a) A
description of the subject; and (b) a question in the form prescribed in this section. The statement of the subject of the
question must be sufficiently broad to reflect the subject of
the question, sufficiently precise to give notice of the question's subject matter, and not exceed ten words. The question
must contain no more than thirty words.
Ballots and Other Voting Forms
The ballot title for such a question must be displayed on
the ballot substantially as follows:
"The following question concerning (description of
subject) has been submitted to the voters: (Question
as submitted).
Yes
No
................................. â
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . â"
(2) The legislature may specify the statement of subject
for a question and shall specify the question that it submits to
the people. If the legislature fails to specify the statement of
subject, the attorney general shall prepare the statement of
subject. The statement of subject and question as so provided
must be included as part of the ballot title unless changed on
appeal. [2003 c 111 § 905. Prior: 2000 c 197 § 10. Formerly
RCW 29.27.0653.]
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.36.090
ments and be displayed substantially as provided under RCW
29A.72.050, except that the concise description must not
exceed seventy-five words. If the local governmental unit is
a city or a town, the concise statement shall be prepared by
the city or town attorney. If the local governmental unit is a
county, the concise statement shall be prepared by the prosecuting attorney of the county. If the unit is a unit of local government other than a city, town, or county, the concise statement shall be prepared by the prosecuting attorney of the
county within which the majority area of the unit is located.
(2) A referendum measure on the enactment of a unit of
local government shall be advertised in the manner provided
for nominees for elective office.
(3) Subsection (1) of this section does not apply if
another provision of law specifies the ballot title for a specific
type of ballot question or proposition. [2003 c 111 § 907.
Prior: 2000 c 197 § 12; 1993 c 256 § 7. Formerly RCW
29.27.066, 29.79.055.]
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.36.060
29A.36.060 Constitutional, statewide questions—
Ballot title—Appeal. (Effective July 1, 2004.) If any persons are dissatisfied with the ballot title for a proposed constitution, constitutional amendment, or question submitted
under RCW 29A.36.050, they may at any time within ten
days from the time of the filing of the ballot title and summary, not including Saturdays, Sundays, or legal holidays,
appeal to the superior court of Thurston county by petition
setting forth the measure, the ballot title objected to, their
objections to it, and praying for amendment of the ballot title.
The time of the filing of the ballot title, as used in this section
for establishing the time for appeal, is the time the ballot title
is first filed with the secretary of state.
A copy of the petition on appeal together with a notice
that an appeal has been taken must be served upon the secretary of state, the attorney general, the chief clerk of the house
of representatives, and the secretary of the senate. Upon the
filing of the petition on appeal, the court shall immediately,
or at the time to which a hearing may be adjourned by consent
of the appellants, examine the proposed measure, the ballot
title filed, and the objections to it and may hear arguments on
it, and shall as soon as possible render its decision and certify
to and file with the secretary of state a ballot title that it determines will meet the requirements of this chapter. The decision of the superior court is final, and the ballot title so certified will be the established ballot title. The appeal must be
heard without cost to either party. [2003 c 111 § 906. Prior:
2000 c 197 § 11. Formerly RCW 29.27.0655.]
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.36.070
29A.36.070 Local measures—Ballot title—Formulation—Advertising. (Effective July 1, 2004.) (1) Except as
provided to the contrary in RCW 82.14.036, 82.46.021, or
82.80.090, the ballot title of any referendum filed on an
enactment or portion of an enactment of a local government
and any other question submitted to the voters of a local government consists of three elements: (a) An identification of
the enacting legislative body and a statement of the subject
matter; (b) a concise description of the measure; and (c) a
question. The ballot title must conform with the require-
Severability—Effective date—1993 c 256: See notes following RCW
29A.84.280.
29A.36.080
29A.36.080 Local measures—Ballot title—Notice.
(Effective July 1, 2004.) Upon the filing of a ballot title of a
question to be submitted to the people of a county or municipality, the county auditor shall provide notice of the exact
language of the ballot title to the persons proposing the measure, the county or municipality, and to any other person
requesting a copy of the ballot title. [2003 c 111 § 908. Prior:
2000 c 197 § 13. Formerly RCW 29.27.0665.]
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.36.090
29A.36.090 Local measures—Ballot title—Appeal.
(Effective July 1, 2004.) If any persons are dissatisfied with
the ballot title for a local ballot measure that was formulated
by the city attorney or prosecuting attorney preparing the
same, they may at any time within ten days from the time of
the filing of the ballot title, not including Saturdays, Sundays,
and legal holidays, appeal to the superior court of the county
where the question is to appear on the ballot, by petition setting forth the measure, the ballot title objected to, their objections to it, and praying for amendment of it. The time of the
filing of the ballot title, as used in this section in determining
the time for appeal, is the time the ballot title is first filed with
the county auditor.
A copy of the petition on appeal together with a notice
that an appeal has been taken shall be served upon the county
auditor and the official preparing the ballot title. Upon the
filing of the petition on appeal, the court shall immediately,
or at the time to which a hearing may be adjourned by consent
of the appellants, examine the proposed measure, the ballot
title filed, and the objections to it and may hear arguments on
it, and shall as soon as possible render its decision and certify
to and file with the county auditor a ballot title that it determines will meet the requirements of this chapter. The decision of the superior court is final, and the ballot title or statement so certified will be the established ballot title. The
appeal must be heard without cost to either party. [2003 c
111 § 909. Prior: 2000 c 197 § 14; 1993 c 256 § 12; 1965 c
[2003 RCW Supp—page 341]
29A.36.100
Title 29A RCW: Elections
9 § 29.27.067; prior: 1953 c 242 § 4. Formerly RCW
29.27.067.]
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
Severability—Effective date—1993 c 256: See notes following RCW
29A.84.280.
29A.36.100
29A.36.100 Names on primary ballot. (Effective July
1, 2004.) Except for the candidates for the positions of president and vice president or for a partisan or nonpartisan office
for which no primary is required, the names of all candidates
who, under this title, filed a declaration of candidacy, were
certified as a candidate to fill a vacancy on a major party
ticket, or were nominated as an independent or minor party
candidate will appear on the appropriate ballot at the primary
throughout the jurisdiction in which they are to be nominated.
[2003 c 111 § 910; 1990 c 59 § 93. Formerly RCW
29.30.005.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.36.110
29A.36.110 Uniformity, arrangement, contents
required. (Effective July 1, 2004.) Every ballot for a single
combination of issues and offices shall be uniform within a
precinct and shall identify the type of primary or election, the
county, and the date of the primary or election, and the ballot
or voting device shall contain instructions on the proper
method of recording a vote, including write-in votes. Each
position, together with the names of the candidates for that
office, shall be clearly separated from other offices or positions in the same jurisdiction. The offices in each jurisdiction
shall be clearly separated from each other. No paper ballot or
ballot card may be marked in any way that would permit the
identification of the person who voted that ballot. [2003 c
111 § 911. Prior: 1990 c 59 § 10; 1986 c 167 § 10; 1977 ex.s.
c 361 § 51; 1965 c 9 § 29.30.010; prior: (i) 1935 c 26 § 2,
part; 1933 c 95 § 2, part; 1917 c 71 § 1, part; 1909 c 82 § 3,
part; 1907 c 209 § 10, part; RRS § 5187, part. (ii) 1909 c 82
§ 5, part; 1907 c 209 § 13, part; RRS § 5190, part. Formerly
RCW 29.30.010.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Severability—1986 c 167: See note following RCW 29A.04.049.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.36.120
29A.36.120 Order of offices and issues—Party indication. (Effective July 1, 2004.) (1) The positions or offices
on a primary ballot shall be arranged in substantially the following order: United States senator; United States representative; governor; lieutenant governor; secretary of state; state
treasurer; state auditor; attorney general; commissioner of
public lands; superintendent of public instruction; insurance
commissioner; state senator; state representative; county
officers; justices of the supreme court; judges of the court of
appeals; judges of the superior court; and judges of the district court. For all other jurisdictions on the primary ballot,
the offices in each jurisdiction shall be grouped together and
be in the order of the position numbers assigned to those
offices, if any.
[2003 RCW Supp—page 342]
(2) The order of the positions or offices on an election
ballot shall be substantially the same as on a primary ballot
except that the offices of president and vice president of the
United States shall precede all other offices on a presidential
election ballot. State ballot issues shall be placed before all
offices on an election ballot. The positions on a ballot to be
assigned to ballot measures regarding local units of government shall be established by the secretary of state by rule.
(3) The political party or independent candidacy of each
candidate for partisan office shall be indicated next to the
name of the candidate on the primary and election ballot. A
candidate shall file a written notice with the filing officer
within three business days after the close of the filing period
designating the political party to be indicated next to the candidate's name on the ballot if either: (a) The candidate has
been nominated by two or more minor political parties or
independent conventions; or (b) the candidate has both filed a
declaration of candidacy declaring an affiliation with a major
political party and been nominated by a minor political party
or independent convention. If no written notice is filed the
filing officer shall give effect to the party designation shown
upon the first document filed. A candidate may be deemed
nominated by a minor party or independent convention only
if all documentation required by chapter 29A.20 RCW has
been timely filed. [2003 c 111 § 912. Prior: 2001 c 30 § 5;
1990 c 59 § 11; 1977 ex.s. c 361 § 52; 1971 c 81 § 76; 1965 c
9 § 29.30.020; prior: 1935 c 26 § 2, part; 1933 c 95 § 2, part;
1917 c 71 § 1, part; 1909 c 82 § 3, part; 1907 c 209 § 10, part;
RRS § 5187, part. Formerly RCW 29.30.020.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.36.130
29A.36.130 Order of candidates on ballots. (Effective
July 1, 2004.) After the close of business on the last day for
candidates to file for office, the filing officer shall, from
among those filings made in person and by mail, determine
by lot the order in which the names of those candidates will
appear on all sample and absentee ballots. In the case of candidates for city, town, and district office, this procedure shall
also determine the order for candidate names on the official
primary ballot used at the polling place. The determination
shall be done publicly and may be witnessed by the media
and by any candidate. If no primary is required for any nonpartisan office under RCW 29A.52.010 or 29A.52.220, the
names shall appear on the general election ballot in the order
determined by lot. [2003 c 111 § 913. Prior: 1990 c 59 § 80.
Formerly RCW 29.30.025.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.36.140
29A.36.140 Primaries—Rotating names of candidates. (Effective July 1, 2004.) At primaries, the names of
candidates for federal, state, and county partisan offices, for
the office of superintendent of public instruction, and for
judicial offices shall, for each office or position, be arranged
initially in the order determined under RCW 29A.36.130.
Additional sets of ballots shall be prepared in which the positions of the names of all candidates for each office or position
shall be changed as many times as there are candidates in the
Ballots and Other Voting Forms
29A.36.180
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
amendments or any other state measure authorized by law to
be submitted to the voters at that election will be placed.
(2) The candidate or candidates of the major political
party that received the highest number of votes from the electors of this state for the office of president of the United
States at the last presidential election will appear first following the appropriate office heading, the candidate or candidates of the other major political parties will follow according to the votes cast for their nominees for president at the last
presidential election, and independent candidates and the
candidate or candidates of all other parties will follow in the
order of their qualification with the secretary of state.
(3) The names of candidates for president and vice president for each political party must be grouped together with a
single response position for a voter to indicate his or her
choice.
(4) All paper ballots and ballot cards used at a polling
place must be sequentially numbered in such a way to permit
removal of such numbers without leaving any identifying
marks on the ballot. [2003 c 111 § 916; 1990 c 59 § 13; 1986
c 167 § 11; 1982 c 121 § 1; 1977 ex.s. c 361 § 60. Formerly
RCW 29.30.081.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
office or position in which there are the greatest number of
names. As nearly as possible an equal number of ballots shall
be prepared after each change. In making the changes of
position between each set of ballots, the candidates for each
such office in the first position under the office heading shall
be moved to the last position under that office heading, and
each other name shall be moved up to the position immediately above its previous position under that office heading.
The effect of this rotation of the order of the names shall be
that the name of each candidate for an office or position shall
appear first, second, and so forth for that office or position on
the ballots of a nearly equal number of registered voters in
that jurisdiction. In a precinct using voting devices, the
names of the candidates for each office shall appear in only
one sequence in that precinct. The names of candidates for
city, town, and district office on the ballot at the primary shall
not be rotated. [2003 c 111 § 914. Prior: 1990 c 59 § 94;
1977 ex.s. c 361 § 54; 1965 c 9 § 29.30.040; prior: 1909 c 82
§ 5, part; 1907 c 209 § 13, part; RRS § 5190, part. Formerly
RCW 29.30.040.]
Severability—1986 c 167: See note following RCW 29A.04.049.
29A.36.150
29A.36.150 Sample ballots. (Effective July 1, 2004.)
Except in each county with a population of one million or
more, on or before the fifteenth day before a primary or election, the county auditor shall prepare a sample ballot which
shall be made readily available to members of the public.
The secretary of state shall adopt rules governing the preparation of sample ballots in counties with a population of one
million or more. The rules shall permit, among other alternatives, the preparation of more than one sample ballot by a
county with a population of one million or more for a primary
or election, each of which lists a portion of the offices and
issues to be voted on in that county. The position of precinct
committee officer shall be shown on the sample ballot for the
general election, but the names of candidates for the individual positions need not be shown. [2003 c 111 § 915. Prior:
1991 c 363 § 33; 1990 c 59 § 12; 1987 c 295 § 3; 1986 c 120
§ 3; 1977 ex.s. c 361 § 55; 1965 c 9 § 29.30.060; prior: (i)
1935 c 26 § 2, part; 1933 c 95 § 2, part; 1917 c 71 § 1, part;
1909 c 82 § 3, part; 1907 c 209 § 10, part; RRS § 5187, part.
(ii) 1909 c 82 § 5, part; 1907 c 209 § 13, part; RRS § 5190,
part. Formerly RCW 29.30.060.]
Effective dates—1991 c 363 §§ 28, 29, 33, 47, 131: See note following
RCW 28A.343.660.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.36.170
29A.36.170 Nonpartisan candidates qualified for
general election. (Effective July 1, 2004.) (1) Except as
provided in RCW 29A.36.180 and in subsection (2) of this
section, on the ballot at the general election for a nonpartisan
office for which a primary was held, only the names of the
candidate who received the greatest number of votes and the
candidate who received the next greatest number of votes for
that office shall appear under the title of that office, and the
names shall appear in that order. If a primary was conducted,
no candidate's name may be printed on the subsequent general election ballot unless he or she receives at least one percent of the total votes cast for that office at the preceding primary. On the ballot at the general election for any other nonpartisan office for which no primary was held, the names of
the candidates shall be listed in the order determined under
RCW 29A.36.130.
(2) On the ballot at the general election for the office of
justice of the supreme court, judge of the court of appeals,
judge of the superior court, or state superintendent of public
instruction, if a candidate in a contested primary receives a
majority of all the votes cast for that office or position, only
the name of that candidate may be printed under the title of
the office for that position. [2003 c 111 § 917. Prior: 1992 c
181 § 2; 1990 c 59 § 95. Formerly RCW 29.30.085.]
Effective date—1992 c 181: See note following RCW 29A.36.180.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.36.160
29A.36.160 Arrangement of instructions, measures,
offices—Order of candidates—Numbering of ballots.
(Effective July 1, 2004.) (1) On the top of each ballot there
will be printed instructions directing the voters how to mark
the ballot, including write-in votes. After the instructions and
before the offices, the questions of adopting constitutional
29A.36.180
29A.36.180 Disqualified candidates in nonpartisan
elections—Special procedures for conduct of election.
(Effective July 1, 2004.) This section applies if a candidate
for an elective office of a city, town, or special purpose district would, under this chapter, otherwise qualify to have his
[2003 RCW Supp—page 343]
29A.36.190
Title 29A RCW: Elections
or her name printed on the general election ballot for the
office, but the candidate has been declared to be unqualified
to hold the office by a court of competent jurisdiction.
(1) In a case in which a primary is conducted for the
office:
(a) If ballots for the general election for the office have
not been ordered by the county auditor, the candidate who
received the third greatest number of votes for the office at
the primary shall qualify as a candidate for general election
and that candidate's name shall be printed on the ballot for the
office in lieu of the name of the disqualified candidate.
(b) If general election ballots for the office have been so
ordered, votes cast for the disqualified candidate at the general election for the office shall not be counted for that office.
(2) In a case in which a primary is not conducted for the
office:
(a) If ballots for the general election for the office have
not been ordered by the county auditor, the name of the disqualified candidate shall not appear on the general election
ballot for the office.
(b) If general election ballots for the office have been so
ordered, votes cast for the disqualified candidate at the general election for the office shall not be counted for that office.
(3) If the disqualified candidate is the only candidate to
have filed for the office during a regular or special filing
period for the office, a void in candidacy for the office exists.
[2003 c 111 § 918. Prior: 1992 c 181 § 1. Formerly RCW
29.30.086.]
Effective date—1992 c 181: "This act shall take effect July 1, 1992."
[1992 c 181 § 3.]
29A.36.190
29A.36.190 Partisan candidates qualified for general
election. (Effective July 1, 2004.) The name of a candidate
for a partisan office for which a primary was conducted shall
not be printed on the ballot for that office at the subsequent
general election unless the candidate receives a number of
votes equal to at least one percent of the total number cast for
all candidates for that position sought and a plurality of the
votes cast for the candidates of his or her party for that office
at the preceding primary. [2003 c 111 § 919. Prior: 1990 c
59 § 96. Formerly RCW 29.30.095.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Prior: 1999 c 298 § 11; 1990 c 59 § 14; 1987 c 295 § 4; 1977
ex.s. c 361 § 58. Formerly RCW 29.30.101.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.36.210
29A.36.210 Property tax levies—Ballot form. (Effective July 1, 2004.) (1) The ballot proposition authorizing a
taxing district to impose the regular property tax levies authorized in RCW 36.69.145, 67.38.130, or 84.52.069 shall contain in substance the following:
"Shall the . . . . . . (insert the name of the taxing district)
be authorized to impose regular property tax levies of . . . . . .
(insert the maximum rate) or less per thousand dollars of
assessed valuation for each of . . . . . . (insert the maximum
number of years allowable) consecutive years?
Yes . . . . . . . . . . . .'
No . . . . . . . . . . . .'"
Each voter shall indicate either "Yes" or "No" on his or
her ballot in accordance with the procedures established
under this title.
(2) The ballot proposition authorizing a taxing district to
impose a permanent regular tax levy under RCW 84.52.069
shall contain the following:
"Shall the . . . . . (insert the name of the taxing district) be
authorized to impose a PERMANENT regular property levy
of . . . . . (insert the maximum rate) or less per thousand dollars of assessed valuation?
Yes . . . . . . . . . . . .'
No . . . . . . . . . . . .'"
[2003 c 111 § 921. Prior: 1999 c 224 § 2; 1984 c 131 § 3.
Formerly RCW 29.30.111.]
Application—1999 c 224: See note following RCW 84.52.069.
Purpose—1984 c 131 §§ 3-9: "The purpose of sections 3 through 6 of
this act is to clarify requirements necessary for voters to authorize certain
local governments to impose regular property tax levies for a series of years.
Sections 3 through 9 of this act only clarify the existing law to avoid credence being given to an erroneous opinion that has been rendered by the
attorney general. As cogently expressed in Attorney General Opinion, Number 14, Addendum, opinions rendered by the attorney general are advisory
only and are merely a "prediction of the outcome if the matter were to be litigated." Nevertheless, confusion has arisen from this erroneous opinion."
[1984 c 131 § 2.]
29A.36.200
29A.36.200 Names qualified to appear on election
ballot. (Effective July 1, 2004.) The names of the persons
certified as nominees by the secretary of state or the county
canvassing board shall be printed on the ballot at the ensuing
election.
No name of any candidate whose nomination at a primary is required by law shall be placed upon the ballot at a
general or special election unless it appears upon the certificate of either (1) the secretary of state, or (2) the county canvassing board, or (3) a minor party convention or the state or
county central committee of a major political party to fill a
vacancy on its ticket under RCW 29A.28.020.
Excluding the office of precinct committee officer or a
temporary elected position such as a charter review board
member or freeholder, a candidate's name shall not appear
more than once upon a ballot for a position regularly nominated or elected at the same election. [2003 c 111 § 920.
[2003 RCW Supp—page 344]
29A.36.220
29A.36.220 Expense of printing and distributing ballot materials. (Effective July 1, 2004.) The cost of printing
ballots, ballot cards, and instructions and the delivery of this
material to the precinct election officers shall be an election
cost that shall be borne as determined under RCW
29A.04.410 and 29A.04.420, as appropriate. [2003 c 111 §
922. Prior: 1990 c 59 § 16; 1965 c 9 § 29.30.130; prior:
1889 p 400 § 1; RRS § 5269. Formerly RCW 29.30.130.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Chapter 29A.40
Chapter 29A.40 RCW
ABSENTEE VOTING
Sections
29A.40.010
29A.40.020
When permitted. (Effective July 1, 2004.)
Request for single ballot. (Effective July 1, 2004.)
Absentee Voting
29A.40.030
29A.40.040
29A.40.050
29A.40.060
29A.40.070
29A.40.080
29A.40.090
29A.40.100
29A.40.110
29A.40.120
29A.40.130
29A.40.140
29A.40.150
Request on behalf of family member. (Effective July 1,
2004.)
Ongoing status—Request—Termination. (Effective July 1,
2004.)
Special ballots. (Effective July 1, 2004.)
Issuance of ballot and other materials. (Effective July 1,
2004.)
Date ballots available, mailed. (Effective July 1, 2004.)
Delivery of ballot, qualifications for. (Effective July 1,
2004.)
Envelopes and instructions. (Effective July 1, 2004.)
Observers. (Effective July 1, 2004.)
Processing incoming ballots. (Effective July 1, 2004.)
Report of count. (Effective July 1, 2004.)
Record of requests—Public access. (Effective July 1,
2004.)
Challenges. (Effective July 1, 2004.)
Out-of-state, overseas, service voters. (Effective July 1,
2004.)
29A.40.010
29A.40.010 When permitted. (Effective July 1, 2004.)
Any registered voter of the state or any out-of-state voter,
overseas voter, or service voter may vote by absentee ballot
in any general election, special election, or primary in the
manner provided in this chapter. Out-of-state voters, overseas voters, and service voters are authorized to cast the same
ballots, including those for special elections, as a registered
voter of the state would receive under this chapter. [2003 c
111 § 1001. Prior: 2001 c 241 § 1; 1991 c 81 § 29; 1987 c
346 § 9; 1986 c 167 § 14; 1985 c 273 § 1; 1984 c 27 § 1; 1977
ex.s. c 361 § 76; 1974 ex.s. c 35 § 1; 1971 ex.s. c 202 § 37;
1965 c 9 § 29.36.010; prior: 1963 ex.s. c 23 § 1; 1955 c 167
§ 2; prior: (i) 1950 ex.s. c 8 § 1; 1943 c 72 § 1; 1933 ex.s. c
41 § 1; 1923 c 58 § 1; 1921 c 143 § 1; 1917 c 159 § 1; 1915 c
189 § 1; Rem. Supp. 1943 § 5280. (ii) 1933 ex.s. c 41 § 2,
part; 1923 c 58 § 2, part; 1921 c 143 § 2, part; 1917 c 159 § 2,
part; 1915 c 189 § 2, part; RRS § 5281, part. Formerly RCW
29.36.210, 29.36.010.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
Legislative intent—1987 c 346: "By this act the legislature intends to
combine and unify the laws and procedures governing absentee voting.
These amendments are intended: (1) To clarify and incorporate into a single
chapter of the Revised Code of Washington the preexisting statutes under
which electors of this state qualify for absentee ballots under state law, federal law, or a combination of both state and federal law, and (2) to insure uniformity in the application, issuance, receipt, and canvassing of these absentee ballots. Nothing in this act is intended to impose any new requirement on
the ability of the registered voters or electors of this state to qualify for,
receive, or cast absentee ballots in any primary or election." [1987 c 346 §
1.]
Effective date—1987 c 346: "This act shall take effect on January 1,
1988." [1987 c 346 § 25.]
Severability—1986 c 167: See note following RCW 29A.04.049.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.40.020
29A.40.020 Request for single ballot. (Effective July
1, 2004.) (1) Except as otherwise provided by law, a registered voter or out-of-state voter, overseas voter, or service
voter desiring to cast an absentee ballot at a single election or
primary must request the absentee ballot from his or her
county auditor no earlier than ninety days nor later than the
day before the election or primary at which the person seeks
to vote. Except as otherwise provided by law, the request
may be made orally in person, by telephone, electronically, or
in writing. An application or request for an absentee ballot
made under the authority of a federal statute or regulation
29A.40.040
will be considered and given the same effect as a request for
an absentee ballot under this chapter.
(2) A voter requesting an absentee ballot for a primary
may also request an absentee ballot for the following general
election. A request by an out-of-state voter, overseas voter,
or service voter for an absentee ballot for a primary election
will be considered as a request for an absentee ballot for the
following general election.
(3) In requesting an absentee ballot, the voter shall state
the address to which the absentee ballot should be sent. A
request for an absentee ballot from an out-of-state voter,
overseas voter, or service voter must include the address of
the last residence in the state of Washington and either a written application or the oath on the return envelope must
include a declaration of the other qualifications of the applicant as an elector of this state. A request for an absentee ballot from any other voter must state the address at which that
voter is currently registered to vote in the state of Washington
or the county auditor shall verify that information from the
voter registration records of the county.
(4) A request for an absentee ballot from a registered
voter who is within this state must be made directly to the
auditor of the county in which the voter is registered. An
absentee ballot request from a registered voter who is temporarily outside this state or from an out-of-state voter, overseas
voter, or service voter may be made either to the appropriate
county auditor or to the secretary of state, who shall promptly
forward the request to the appropriate county auditor.
(5) No person, organization, or association may distribute absentee ballot applications within this state that contain
a return address other than that of the appropriate county
auditor. [2003 c 111 § 1002; 2001 c 241 § 2. Formerly RCW
29.36.220.]
29A.40.030
29A.40.030 Request on behalf of family member.
(Effective July 1, 2004.) A member of a registered voter's
family may request an absentee ballot on behalf of and for
use by the voter. As a means of ensuring that a person who
requests an absentee ballot is requesting the ballot for only
that person or a member of the person's immediate family, an
auditor may require a person who requests an absentee ballot
to identify the date of birth of the voter for whom the ballot is
requested and deny a request that is not accompanied by this
information. [2003 c 111 § 1003. Prior: 2001 c 241 § 3.
Formerly RCW 29.36.230.]
29A.40.040
29A.40.040 Ongoing status—Request—Termination. (Effective July 1, 2004.) Any registered voter may
apply, in writing, for status as an ongoing absentee voter.
Each qualified applicant shall automatically receive an
absentee ballot for each ensuing election or primary for
which the voter is entitled to vote and need not submit a separate request for each election. Ballots received from ongoing absentee voters shall be validated, processed, and tabulated in the same manner as other absentee ballots.
Status as an ongoing absentee voter shall be terminated
upon any of the following events:
(1) The written request of the voter;
(2) The death or disqualification of the voter;
(3) The cancellation of the voter's registration record;
[2003 RCW Supp—page 345]
29A.40.050
Title 29A RCW: Elections
(4) The return of an ongoing absentee ballot as undeliverable; or
(5) Upon placing a voter on inactive status under RCW
29A.08.620. [2003 c 111 § 1004. Prior: 2001 c 241 § 4;
1999 c 298 § 12; 1993 c 418 § 1; 1991 c 81 § 30; 1987 c 346
§ 10; 1986 c 22 § 1; 1985 c 273 § 2. Formerly RCW
29.36.240, 29.36.013.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.40.050
29A.40.050 Special ballots. (Effective July 1, 2004.)
(1) As provided in this section, county auditors shall provide
special absentee ballots to be used for state primary or state
general elections. An auditor shall provide a special absentee
ballot only to a registered voter who completes an application
stating that she or he will be unable to vote and return a regular absentee ballot by normal mail delivery within the period
provided for regular absentee ballots.
The application for a special absentee ballot may not be
filed earlier than ninety days before the applicable state primary or general election. The special absentee ballot will list
the offices and measures, if known, scheduled to appear on
the state primary or general election ballot. The voter may
use the special absentee ballot to write in the name of any eligible candidate for each office and vote on any measure.
(2) With any special absentee ballot issued under this
section, the county auditor shall include a listing of any candidates who have filed before the time of the application for
offices that will appear on the ballot at that primary or election and a list of any issues that have been referred to the ballot before the time of the application.
(3) Write-in votes on special absentee ballots must be
counted in the same manner provided by law for the counting
of other write-in votes. The county auditor shall process and
canvass the special absentee ballots provided under this section in the same manner as other absentee ballots under this
chapter and chapter 29A.60 RCW.
(4) A voter who requests a special absentee ballot under
this section may also request an absentee ballot under RCW
29A.40.020(4). If the regular absentee ballot is properly
voted and returned, the special absentee ballot is void, and the
county auditor shall reject it in whole when special absentee
ballots are canvassed. [2003 c 111 § 1005; 2001 c 241 § 5;
1991 c 81 § 35; 1987 c 346 § 21. Formerly RCW 29.36.250,
29.36.170.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.40.060
29A.40.060 Issuance of ballot and other materials.
(Effective July 1, 2004.) (1) The county auditor shall issue
an absentee ballot for the primary or election for which it was
requested, or for the next occurring primary or election when
ongoing absentee status has been requested if the information
contained in a request for an absentee ballot or ongoing
absentee status received by the county auditor is complete
and correct and the applicant is qualified to vote under federal
or state law. Otherwise, the county auditor shall notify the
applicant of the reason or reasons why the request cannot be
accepted. Whenever two or more candidates have filed for
[2003 RCW Supp—page 346]
the position of precinct committee officer for the same party
in the same precinct at a general election held in an evennumbered year, the contest for that position must be presented to absentee voters from that precinct by either including the contest on the regular absentee ballot or a separate
absentee ballot. The ballot must provide space designated for
writing in the name of additional candidates.
(2) A registered voter may obtain a replacement ballot if
the ballot is destroyed, spoiled, lost, or not received by the
voter. The voter may obtain the ballot by telephone request,
by mail, electronically, or in person. The county auditor shall
keep a record of each replacement ballot provided under this
subsection.
(3) A copy of the state voters' pamphlet must be sent to
registered voters temporarily outside the state, out-of-state
voters, overseas voters, and service voters along with the
absentee ballot if such a pamphlet has been prepared for the
primary or election and is available to the county auditor at
the time of mailing. The county auditor shall mail all absentee ballots and related material to voters outside the territorial
limits of the United States and the District of Columbia under
39 U.S.C. 3406. [2003 c 111 § 1006; 2001 c 241 § 6; 1991 c
81 § 31. Prior: 1987 c 346 § 11; 1987 c 295 § 9; 1977 ex.s.
c 361 § 77; 1974 ex.s. c 73 § 1; 1965 c 9 § 29.36.030; prior:
1963 ex.s. c 23 § 3; 1955 c 167 § 4; prior: (i) 1933 ex.s. c 41
§ 2, part; 1923 c 58 § 2, part; 1921 c 143 § 2, part; 1917 c 159
§ 2, part; 1915 c 189 § 2, part; RRS § 5281, part. (ii) 1933
ex.s. c 41 § 3, part; 1923 c 58 § 3, part; 1921 c 143 § 3, part;
1917 c 159 § 3, part; 1915 c 189 § 3, part; RRS § 5282, part.
Formerly RCW 29.36.260, 29.36.030.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.40.070
29A.40.070 Date ballots available, mailed. (Effective
July 1, 2004.) (1) Except where a recount or litigation under
RCW 29A.68.010 is pending, the county auditor shall have
sufficient absentee ballots available for absentee voters of
that county at least twenty days before any primary, general
election, or special election. The county auditor must mail
absentee ballots to each voter for whom the county auditor
has received a request nineteen days before the primary or
election at least eighteen days before the primary or election.
For a request for an absentee ballot received after the nineteenth day before the primary or election, the county auditor
shall make every effort to mail ballots within one business
day, and shall mail the ballots within two business days.
(2) The county auditor shall make every effort to mail
ballots to overseas and service voters earlier than eighteen
days before a primary or election.
(3) Each county auditor shall certify to the office of the
secretary of state the dates the ballots prescribed in subsection (1) of this section were available and mailed.
(4) If absentee ballots will not be available or mailed as
prescribed in subsection (1) of this section, the county auditor
shall immediately certify to the office of the secretary of state
when absentee ballots will be available and mailed. Copies
of this certification must be provided to the county canvass-
Absentee Voting
ing board, the press, jurisdictions with issues on the ballot in
the election, and any candidates.
(5) If absentee ballots were not available or mailed as
prescribed in subsection (1) of this section, for a reason other
than a recount or litigation, the county auditor, in consultation with the certification and training program of the office
of the secretary of state, shall submit a report to the office of
the secretary of state outlining why the deadline was missed
and what corrective actions will be taken in future elections
to ensure that absentee ballots are available and mailed as
prescribed in subsection (1) of this section.
(6) Failure to have absentee ballots available and mailed
as prescribed in subsection (1) of this section does not by
itself provide a basis for an election contest or other legal
challenge to the results of a primary, general election, or special election. [2003 c 162 § 2; 2003 c 111 § 1007. Prior:
1987 c 54 § 1; 1977 ex.s. c 361 § 56; 1965 ex.s. c 103 § 5;
1965 c 9 § 29.30.075; prior: 1949 c 161 § 10, part; 1947 c
234 § 2, part; 1935 c 26 § 1, part; 1921 c 178 § 4, part; 1907
c 209 § 8, part; Rem. Supp. 1949 § 5185, part. Formerly
RCW 29.36.270, 29.30.075.]
Reviser's note: This section was amended by 2003 c 111 § 1007 and by
2003 c 162 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Policy—2003 c 162: "It is the policy of the state of Washington that
individuals voting absentee and mail ballots receive their ballots in a timely
and consistent manner before each election. Since many voters in Washington state have come to rely upon absentee and mail voting, mailing the ballots in a timely manner is critical in order to maximize participation by every
eligible voter." [2003 c 162 § 1.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.40.080
29A.40.080 Delivery of ballot, qualifications for.
(Effective July 1, 2004.) The delivery of an absentee ballot
for any primary or election shall be subject to the following
qualifications:
(1) Only the registered voter personally, or a member of
the registered voter's immediate family may pick up an
absentee ballot for the voter at the office of the issuing officer
unless the voter is a resident of a health care facility, as
defined by RCW 70.37.020(3), on election day and applies
by messenger for an absentee ballot. In this latter case, the
messenger may pick up the voter's absentee ballot.
(2) Except as noted in subsection (1) of this section, the
issuing officer shall mail or deliver the absentee ballot
directly to each applicant. [2003 c 111 § 1008. Prior: 2001
c 241 § 7; 1984 c 27 § 2; 1965 c 9 § 29.36.035; prior: 1963
ex.s. c 23 § 4. Formerly RCW 29.36.280, 29.36.035.]
29A.40.090
29A.40.090 Envelopes and instructions. (Effective
July 1, 2004.) The county auditor shall send each absentee
voter a ballot, a security envelope in which to seal the ballot
after voting, a larger envelope in which to return the security
envelope, and instructions on how to mark the ballot and how
to return it to the county auditor. The larger return envelope
must contain a declaration by the absentee voter reciting his
or her qualifications and stating that he or she has not voted
in any other jurisdiction at this election, together with a summary of the penalties for any violation of any of the provisions of this chapter. The return envelope must provide space
29A.40.110
for the voter to indicate the date on which the ballot was
voted and for the voter to sign the oath. A summary of the
applicable penalty provisions of this chapter must be printed
on the return envelope immediately adjacent to the space for
the voter's signature. The signature of the voter on the return
envelope must affirm and attest to the statements regarding
the qualifications of that voter and to the validity of the ballot.
For out-of-state voters, overseas voters, and service voters,
the signed declaration on the return envelope constitutes the
equivalent of a voter registration for the election or primary
for which the ballot has been issued. The voter must be
instructed to either return the ballot to the county auditor by
whom it was issued or attach sufficient first class postage, if
applicable, and mail the ballot to the appropriate county auditor no later than the day of the election or primary for which
the ballot was issued.
If the county auditor chooses to forward absentee ballots,
he or she must include with the ballot a clear explanation of
the qualifications necessary to vote in that election and must
also advise a voter with questions about his or her eligibility
to contact the county auditor. This explanation may be provided on the ballot envelope, on an enclosed insert, or printed
directly on the ballot itself. If the information is not included,
the envelope must clearly indicate that the ballot is not to be
forwarded and that return postage is guaranteed. [2003 c 111
§ 1009. Prior: 2001 c 241 § 8; 1987 c 346 § 12. Formerly
RCW 29.36.290, 29.36.045.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.40.100
29A.40.100 Observers. (Effective July 1, 2004.)
County auditors must request that observers be appointed by
the major political parties to be present during the processing
of absentee ballots. The absence of the observers will not
prevent the processing of absentee ballots if the county auditor has requested their presence. [2003 c 111 § 1010. Prior:
2001 c 241 § 9. Formerly RCW 29.36.300.]
29A.40.110
29A.40.110 Processing incoming ballots. (Effective
July 1, 2004.) (1) The opening and subsequent processing of
return envelopes for any primary or election may begin on or
after the tenth day before the primary or election. The tabulation of absentee ballots must not commence until after 8:00
p.m. on the day of the primary or election.
(2) After opening the return envelopes, the county canvassing board shall place all of the ballots in secure storage
until after 8:00 p.m. of the day of the primary or election.
Absentee ballots that are to be tabulated on an electronic vote
tallying system may be taken from the inner envelopes and all
the normal procedural steps may be performed to prepare
these ballots for tabulation.
(3) Before opening a returned absentee ballot, the canvassing board, or its designated representatives, shall examine the postmark, statement, and signature on the return envelope that contains the security envelope and absentee ballot.
They shall verify that the voter's signature on the return envelope is the same as the signature of that voter in the registration files of the county. For registered voters casting absentee ballots, the date on the return envelope to which the voter
has attested determines the validity, as to the time of voting
for that absentee ballot if the postmark is missing or is illegi[2003 RCW Supp—page 347]
29A.40.120
Title 29A RCW: Elections
29A.40.140
ble. For out-of-state voters, overseas voters, and service voters, the date on the return envelope to which the voter has
attested determines the validity as to the time of voting for
that absentee ballot. For any absentee ballot, a variation
between the signature of the voter on the return envelope and
the signature of that voter in the registration files due to the
substitution of initials or the use of common nicknames is
permitted so long as the surname and handwriting are clearly
the same. [2003 c 111 § 1011. Prior: 2001 c 241 § 10; 1991
c 81 § 32; 1987 c 346 § 14; 1977 ex.s. c 361 § 78; 1973 c 140
§ 1; 1965 c 9 § 29.36.060; prior: 1963 ex.s. c 23 § 5; 1955 c
167 § 7; 1955 c 50 § 2; prior: 1933 ex.s. c 41 § 5, part; 1921
c 143 § 6, part; 1917 c 159 § 4, part; 1915 c 189 § 4, part;
RRS § 5285, part. Formerly RCW 29.36.310, 29.36.060.]
29A.40.140 Challenges. (Effective July 1, 2004.) The
qualifications of any absentee voter may be challenged at the
time the signature on the return envelope is verified and the
ballot is processed by the canvassing board. The board has
the authority to determine the legality of any absentee ballot
challenged under this section. Challenged ballots must be
handled in accordance with chapter 29A.08 RCW. [2003 c
111 § 1014. Prior: 2001 c 241 § 13; 1987 c 346 § 18; 1965 c
9 § 29.36.100; prior: 1917 c 159 § 5; 1915 c 189 § 5; RRS §
5286. Formerly RCW 29.36.350, 29.36.100.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.40.150
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.40.150 Out-of-state, overseas, service voters.
(Effective July 1, 2004.) The secretary of state shall produce
and furnish envelopes and instructions for out-of-state voters,
overseas voters, and service voters to the county auditors.
[2003 c 111 § 1015; 1993 c 417 § 7; 1987 c 346 § 19; 1983
1st ex.s. c 71 § 8. Formerly RCW 29.36.360, 29.36.150.]
County canvassing board, meeting to process absentee ballots, canvass
returns: RCW 29A.60.160.
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
Effective date—1991 c 81: See note following RCW 29A.84.540.
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
Chapter 29A.44
29A.40.120
29A.40.120 Report of count. (Effective July 1, 2004.)
The absentee ballots must be reported at a minimum on a
congressional and legislative district basis. Absentee ballots
may be counted by congressional or legislative district or by
individual precinct, except as required under RCW
29A.60.230(2).
These returns must be added to the total of the votes cast
at the polling places. [2003 c 111 § 1012. Prior: 2001 c 241
§ 11; 1990 c 262 § 2; 1987 c 346 § 15; 1974 ex.s. c 73 § 2;
1965 c 9 § 29.36.070; prior: 1955 c 50 § 3; prior: 1933 ex.s.
c 41 § 5, part; 1921 c 143 § 6, part; 1917 c 159 § 4, part; 1915
c 189 § 4, part; RRS § 5285, part. Formerly RCW 29.36.320,
29.36.070.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
Sections
GENERAL PROVISIONS
29A.44.010
29A.44.020
29A.44.030
29A.44.040
29A.44.050
29A.44.060
29A.44.070
29A.44.080
29A.44.090
29A.44.110
29A.44.120
29A.44.130
29A.44.140
29A.44.150
29A.44.160
29A.44.170
29A.44.180
29A.44.190
29A.44.200
29A.44.210
29A.44.220
29A.44.230
29A.44.240
29A.44.250
29A.44.260
29A.44.270
29A.44.280
29A.44.290
Effective date—1991 c 81: See note following RCW 29A.84.540.
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
[2003 RCW Supp—page 348]
Interference with voter prohibited. (Effective July 1, 2004.)
List of who has and who has not voted. (Effective July 1,
2004.)
Taking papers into voting booth. (Effective July 1, 2004.)
Official ballots—Vote only once—Incorrectly marked ballots. (Effective July 1, 2004.)
Ballot pick up, delivery, and transportation. (Effective July
1, 2004.)
Voting booths. (Effective July 1, 2004.)
Opening and closing polls. (Effective July 1, 2004.)
Polls open continuously—Announcement of closing.
(Effective July 1, 2004.)
Double voting prohibited. (Effective July 1, 2004.)
PROCEDURES
29A.40.130
29A.40.130 Record of requests—Public access.
(Effective July 1, 2004.) Each county auditor shall maintain
in his or her office, open for public inspection, a record of the
requests he or she has received for absentee ballots under this
chapter.
The information from the requests shall be recorded and
lists of this information shall be available no later than
twenty-four hours after their receipt.
This information about absentee voters shall be available
according to the date of the requests and by legislative district. It shall include the name of each applicant, the address
and precinct in which the voter maintains a voting residence,
the date on which an absentee ballot was issued to this voter,
if applicable, the type of absentee ballot, and the address to
which the ballot was or is to be mailed, if applicable.
The auditor shall make copies of these records available
to the public for the actual cost of production or copying.
[2003 c 111 § 1013. Prior: 1991 c 81 § 33; 1987 c 346 § 17;
1973 1st ex.s. c 61 § 1. Formerly RCW 29.36.340,
29.36.097.]
Chapter 29A.44 RCW
POLLING PLACE ELECTIONS AND
POLL WORKERS
Delivery of supplies. (Effective July 1, 2004.)
Delivery of precinct lists to polls. (Effective July 1, 2004.)
Additional supplies for paper ballots. (Effective July 1,
2004.)
Voting and registration instructions and information.
(Effective July 1, 2004.)
Time for arrival of officers. (Effective July 1, 2004.)
Inspection of voting equipment. (Effective July 1, 2004.)
Flag. (Effective July 1, 2004.)
Opening the polls. (Effective July 1, 2004.)
Voting devices—Periodic examination. (Effective July 1,
2004.)
Issuing ballot to voter—Challenge. (Effective July 1, 2004.)
Signature required—Procedure if voter unable to sign
name. (Effective July 1, 2004.)
Casting vote. (Effective July 1, 2004.)
Record of participation. (Effective July 1, 2004.)
Disabled voters. (Effective July 1, 2004.)
Tabulation of paper ballots before close of polls. (Effective
July 1, 2004.)
Voters in polling place at closing time. (Effective July 1,
2004.)
Unused ballots. (Effective July 1, 2004.)
Duties of election officers after unused ballots secure.
(Effective July 1, 2004.)
Return of precinct lists after election—Public records.
(Effective July 1, 2004.)
POLL-SITE BALLOT COUNTING DEVICES
29A.44.310
Initialization. (Effective July 1, 2004.)
Polling Place Elections and Poll Workers
29A.44.320
29A.44.330
29A.44.340
29A.44.350
Delivery and sealing. (Effective July 1, 2004.)
Memory packs. (Effective July 1, 2004.)
Incorrectly marked ballots. (Effective July 1, 2004.)
Failure of device. (Effective July 1, 2004.)
29A.44.410
Appointment of judges and inspector. (Effective July 1,
2004.)
Appointment of clerks—Party representation—Hour to
report. (Effective July 1, 2004.)
Nomination. (Effective July 1, 2004.)
Vacancies—How filled—Inspector's authority. (Effective
July 1, 2004.)
One set of precinct election officers, exceptions—Counting
board—Receiving board. (Effective July 1, 2004.)
Duties—Generally. (Effective July 1, 2004.)
Application to other primaries or elections. (Effective July
1, 2004.)
Inspector as chair—Authority. (Effective July 1, 2004.)
Oaths of officers required. (Effective July 1, 2004.)
Oath of inspectors, form. (Effective July 1, 2004.)
Oath of judges, form. (Effective July 1, 2004.)
Oath of clerks, form. (Effective July 1, 2004.)
Compensation. (Effective July 1, 2004.)
POLL WORKERS
29A.44.420
29A.44.430
29A.44.440
29A.44.450
29A.44.460
29A.44.470
29A.44.480
29A.44.490
29A.44.500
29A.44.510
29A.44.520
29A.44.530
29A.44.070
may be used in any polling place other than those prepared by
the county auditor. No voter is entitled to vote more than
once at a primary or a general or special election, except that
if a voter incorrectly marks a ballot, he or she may return it
and be issued a new ballot. The precinct election officers
shall void the incorrectly marked ballot and return it to the
county auditor. [2003 c 111 § 1104. Prior: 1990 c 59 § 48;
1965 c 9 § 29.51.190; prior: (i) 1889 p 410 § 25; RRS § 5290.
(ii) 1935 c 26 § 3, part; 1921 c 177 § 1, part; 1919 c 163 § 15,
part; 1917 c 71 § 2, part; 1909 c 82 § 4, part; 1907 c 209 § 12,
part; RRS § 5189, part. (iii) 1895 c 156 § 7, part; 1889 p 409
§ 22, part; Code 1881 § 3079, part; 1865 p 34 § 4, part; RRS
§ 5279, part. (iv) 1915 c 114 § 7, part; 1913 c 58 § 13, part;
RRS § 5313, part. (v) 1905 c 39 § 1, part; 1889 p 405 § 15,
part; RRS § 5272, part. Formerly RCW 29.51.190.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.44.050
GENERAL PROVISIONS
29A.44.010
29A.44.010 Interference with voter prohibited.
(Effective July 1, 2004.) No person may interfere with a
voter in any way within the polling place. This does not prevent the voter from receiving assistance in preparing his or
her ballot as provided in RCW 29A.44.240. [2003 c 111 §
1101. Prior: 1990 c 59 § 39; 1965 c 9 § 29.51.010; prior:
1907 c 130 § 2, part; 1889 p 408 § 21, part; RRS § 5278, part.
Formerly RCW 29.51.010.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.44.020
29A.44.020 List of who has and who has not voted.
(Effective July 1, 2004.) At any election, general or special,
or at any primary, any political party or committee may designate a person other than a precinct election officer, for each
polling place to check a list of registered voters of the precinct to determine who has and who has not voted. The lists
must be furnished by the party or committee concerned.
[2003 c 111 § 1102; 1977 ex.s. c 361 § 83; 1965 c 9 §
29.51.125. Prior: 1963 ex.s. c 24 § 1. Formerly RCW
29.51.125.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
"Major political party" defined: RCW 29A.04.085.
Poll books—As public records—Copies to representatives of major political
parties: RCW 29A.08.720.
29A.44.030
29A.44.030 Taking papers into voting booth. (Effective July 1, 2004.) Any voter may take into the voting booth
or voting device any printed or written material to assist in
casting his or her vote. The voter shall not use this material
to electioneer and shall remove the material when he or she
leaves the polls. [2003 c 111 § 1103. Prior: 1990 c 59 § 47;
1965 c 9 § 29.51.180; prior: 1905 c 39 § 1, part; 1889 p 405
§ 15, part; RRS § 5272, part. Formerly RCW 29.51.180.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.44.040
29A.44.040 Official ballots—Vote only once—Incorrectly marked ballots. (Effective July 1, 2004.) No ballots
29A.44.050 Ballot pick up, delivery, and transportation. (Effective July 1, 2004.) (1) At the direction of the
county auditor, a team or teams composed of a representative
of at least two major political parties shall stop at designated
polling places and pick up the sealed containers of voted,
untallied ballots for delivery to the counting center. There
may be more than one delivery from each polling place. Two
precinct election officials, representing two major political
parties, shall seal the voted ballots in containers furnished by
the county auditor and properly identified with his or her
address with uniquely prenumbered seals.
(2) At the counting center or the collection stations
where the sealed ballot containers are delivered by the designated representatives of the major political parties, the county
auditor or a designated representative of the county auditor
shall receive the sealed ballot containers, record the time,
date, precinct name or number, and seal number of each ballot container. [2003 c 111 § 1105. Prior: 1999 c 158 § 10;
1990 c 59 § 31; 1977 ex.s. c 361 § 72. Formerly RCW
29.54.037, 29.34.157.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.44.060
29A.44.060 Voting booths. (Effective July 1, 2004.)
The county auditor shall provide in each polling place a sufficient number of voting booths or voting devices along with
any supplies necessary to enable the voter to mark or register
his or her choices on the ballot and within which the voters
may cast their votes in secrecy. [2003 c 111 § 1106. Prior:
1999 c 158 § 4; 1994 c 57 § 51; 1990 c 59 § 35; 1965 c 9 §
29.48.010; prior: 1907 c 130 § 2, part; 1889 p 408 § 21, part;
RRS § 5278, part. Formerly RCW 29.48.010.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.44.070
29A.44.070 Opening and closing polls. (Effective
July 1, 2004.) At all primaries and elections, general or special, in all counties the polls must be kept open from seven
o'clock a.m. to eight o'clock p.m. All qualified electors who
[2003 RCW Supp—page 349]
29A.44.080
Title 29A RCW: Elections
are at the polling place at eight o'clock p.m., shall be allowed
to cast their votes. [2003 c 111 § 1107. Prior: 1973 c 78 § 1;
1965 ex.s. c 101 § 13; 1965 c 9 § 29.13.080; prior: (i) 1921 c
61 § 7; RRS § 5149. (ii) 1921 c 170 § 5; RRS § 5154. (iii)
1921 c 178 § 7; 1907 c 235 § 1; 1889 p 413 § 35; RRS § 5319.
(iv) 1919 c 163 § 16, part; 1907 c 209 § 17, part; RRS § 5194,
part. Formerly RCW 29.13.080.]
District elections, hours, see particular districts.
Employer's duty to provide time to vote: RCW 49.28.120.
RRS § 5313, part. (xiv) 1915 c 14 § 6, part; 1913 c 58 § 11,
part; RRS § 5311, part. (xv) 1933 c 1 § 10, part; RRS § 511410, part. (xvi) Code 1881 § 3093, part; RRS § 5338, part.
(xvii) 1903 c 85 § 1, part; RRS § 3339, part. Formerly RCW
29.48.030.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.44.120
29A.44.080
29A.44.080 Polls open continuously—Announcement of closing. (Effective July 1, 2004.) The polls for a
precinct shall remain open continuously until the time specified under RCW 29A.44.070. At that time, the precinct election officers shall announce that the polls for that precinct are
closed. [2003 c 111 § 1108. Prior: 1990 c 59 § 50; 1965 c 9
§ 29.51.240; prior: 1919 c 163 § 16, part; 1907 c 209 § 17,
part; RRS § 5194, part. Formerly RCW 29.51.240.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.44.090
29A.44.090 Double voting prohibited. (Effective July
1, 2004.) A registered voter shall not be allowed to vote in
the precinct in which he or she is registered at any election or
primary for which that voter has cast an absentee ballot. A
registered voter who has requested an absentee ballot for a
primary or special or general election but chooses to vote at
the voter's precinct polling place in that primary or election
shall cast a provisional ballot. The canvassing board shall not
count the ballot if it finds that the voter has also voted by
absentee ballot in that primary or election. [2003 c 111 §
1109; 1987 c 346 § 13; 1965 c 9 § 29.36.050. Prior: 1955 c
167 § 6; prior: 1933 ex.s. c 41 § 4; 1921 c 143 § 5; RRS §
5284. Formerly RCW 29.51.185, 29.36.050.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.44.120 Delivery of precinct lists to polls. (Effective July 1, 2004.) Upon closing of the registration files preceding an election, the county auditor shall deliver the precinct lists of registered voters to the inspector or one of the
judges of each precinct or group of precincts located at the
polling place before the polls open. [2003 c 111 § 1111.
Prior: 1994 c 57 § 19; 1971 ex.s. c 202 § 21; 1965 c 9 §
29.07.170; prior: 1957 c 251 § 8; prior: 1933 c 1 § 10, part;
RRS § 5114-10, part; prior: 1919 c 163 § 11, part; 1915 c 16
§ 13, part; 1905 c 171 § 4, part; 1889 p 417 § 13, part; RRS §
5131, part. Formerly RCW 29.07.170.]
Severability—1994 c 57: See note following RCW 10.64.021.
29A.44.130
29A.44.130 Additional supplies for paper ballots.
(Effective July 1, 2004.) In precincts where votes are cast on
paper ballots, the following supplies, in addition to those
specified in RCW 29A.44.110, must be provided:
(1) Two tally books in which the names of the candidates
will be listed in the order in which they appear on the sample
ballots and in each case have the proper party designation at
the head thereof;
(2) Two certificates or two sample ballots prepared as
blanks, for recording of the unofficial results by the precinct
election officers. [2003 c 111 § 1112; 1977 ex.s. c 361 § 82.
Formerly RCW 29.48.035.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
PROCEDURES
29A.44.140
29A.44.110
29A.44.110 Delivery of supplies. (Effective July 1,
2004.) No later than the day before a primary or election, the
county auditor shall provide to the inspector or one of the
judges of each precinct or to one of the inspectors of a polling
place where more than one precinct will be voting, all of the
ballots, precinct lists of registered voters, and other supplies
necessary for conducting the election or primary. [2003 c
111 § 1110. Prior: 1990 c 59 § 36; 1977 ex.s. c 361 § 81;
1971 ex.s. c 202 § 40; 1965 c 9 § 29.48.030; prior: (i) 1921 c
178 § 8; Code 1881 § 3078; 1865 p 34 § 3; RRS § 5322. (ii)
1919 c 163 § 20, part; 1895 c 156 § 9, part; 1889 p 411 § 28,
part; RRS § 5293, part. (iii) 1907 c 209 § 20; RRS § 5196.
(iv) 1913 c 138 § 29, part; RRS § 5425, part. (v) 1915 c 124
§ 1; 1895 c 156 § 5; 1893 c 91 § 1; 1889 p 407 § 18; RRS §
5275. (vi) 1921 c 68 § 1, part; RRS § 5320, part. (vii) 1895
c 156 § 6, part; 1889 p 407 § 20; RRS § 5277, part. (viii)
1895 c 156 § 2, part; Code 1881 § 3074; 1865 p 32 § 8; RRS
§ 5164, part. (ix) 1905 c 39 § 1, part; 1889 p 405 § 15, part;
RRS § 5272, part. (x) 1935 c 20 § 5, part; 1921 c 178 § 6,
part; 1915 c 114 § 2, part; 1913 c 58 § 7, part; RRS § 5306,
part. (xi) 1854 p 67 § 16; No RRS. (xii) 1854 p 67 § 17, part;
No RRS. (xiii) 1915 c 114 § 7, part; 1913 c 58 § 13, part;
[2003 RCW Supp—page 350]
29A.44.140 Voting and registration instructions and
information. (Effective July 1, 2004.) (1) Each county
auditor shall provide voting and registration instructions,
printed in large type, to be conspicuously displayed at each
polling place and permanent registration facility.
(2) The county auditor shall make information available
for deaf persons throughout the state by telecommunications.
[2003 c 111 § 1113. Prior: 1999 c 298 § 17; 1985 c 205 § 9.
Formerly RCW 29.57.130.]
Effective dates—1985 c 205: See note following RCW 29A.16.140.
29A.44.150
29A.44.150 Time for arrival of officers. (Effective
July 1, 2004.) The precinct election officers for each precinct
shall meet at the designated polling place at the time set by
the county auditor. [2003 c 111 § 1114. Prior: 1977 ex.s. c
361 § 80; 1965 c 9 § 29.48.020; prior: 1957 c 195 § 6; prior:
1913 c 58 § 12, part; RRS § 5312, part. Formerly RCW
29.48.020.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.44.160
29A.44.160 Inspection of voting equipment. (Effective July 1, 2004.) Before opening the polls for a precinct,
Polling Place Elections and Poll Workers
29A.44.240
29A.44.210
the voting equipment shall be inspected to determine if it has
been properly prepared for voting. If the voting equipment is
capable of direct tabulation of each voter's choices, the precinct election officers shall verify that no votes have been
registered for any issue or office to be voted on at that primary or election. Any ballot box shall be carefully examined
by the judges of election to determine that it is empty. The
ballot box shall then be sealed or locked. The ballot box shall
not be opened before the certification of the primary or election except in the manner and for the purposes provided
under this title. [2003 c 111 § 1115. Prior: 1990 c 59 § 37;
1965 c 9 § 29.48.070; prior: 1854 p 67 § 17, part; No RRS.
Formerly RCW 29.48.070.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.44.170
29A.44.170 Flag. (Effective July 1, 2004.) At all primaries and elections the flag of the United States shall be
conspicuously displayed in front of each polling place. [2003
c 111 § 1116. Prior: 1965 c 9 § 29.48.090; prior: 1921 c 68
§ 1, part; RRS § 5320, part. Formerly RCW 29.48.090.]
29A.44.180
29A.44.180 Opening the polls. (Effective July 1,
2004.) The precinct election officers, immediately before
they start to issue ballots or permit a voter to vote, shall
announce at the place of voting that the polls for that precinct
are open. [2003 c 111 § 1117. Prior: 1990 c 59 § 38; 1965 c
9 § 29.48.100; prior: Code 1881 § 3077; 1865 p 34 § 2; RRS
§ 5321. Formerly RCW 29.48.100.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.44.190
29A.44.190 Voting devices—Periodic examination.
(Effective July 1, 2004.) The precinct election officers shall
periodically examine the voting devices to determine if they
have been tampered with. [2003 c 111 § 1118. Prior: 1990
c 59 § 45; 1965 c 9 § 29.51.150; prior: 1915 c 114 § 7, part;
1913 c 58 § 13, part; RRS § 5313, part. Formerly RCW
29.51.150.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.44.200
29A.44.200 Issuing ballot to voter—Challenge.
(Effective July 1, 2004.) A voter desiring to vote shall give
his or her name to the precinct election officer who has the
precinct list of registered voters. This officer shall announce
the name to the precinct election officer who has the copy of
the inspector's poll book for that precinct. If the right of this
voter to participate in the primary or election is not challenged, the voter must be issued a ballot or permitted to enter
a voting booth or to operate a voting device. The number of
the ballot or the voter must be recorded by the precinct election officers. If the right of the voter to participate is challenged, RCW 29A.08.810 and 29A.08.820 apply to that
voter. [2003 c 111 § 1119; 1990 c 59 § 40; 1965 c 9 §
29.51.050. Prior: (i) 1895 c 156 § 7, part; 1889 p 409 § 22,
part; Code 1881 § 3079, part; 1865 p 34 § 4, part; RRS §
5279, part. (ii) 1915 c 114 § 7, part; 1913 c 58 § 13, part;
RRS § 5313, part. Formerly RCW 29.51.050.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.44.210 Signature required—Procedure if voter
unable to sign name. (Effective July 1, 2004.) Any person
desiring to vote at any primary or election is required to sign
his or her name on the appropriate precinct list of registered
voters. If the voter registered using a mark, or can no longer
sign his or her name, the election officers shall require the
voter to be identified by another registered voter.
The precinct election officers shall then record the
voter's name. [2003 c 111 § 1120; 1990 c 59 § 41; 1971 ex.s.
c 202 § 41; 1967 ex.s. c 109 § 9; 1965 ex.s. c 156 § 5; 1965 c
9 § 29.51.060. Prior: 1933 c 1 § 24; RRS § 5114-24. Formerly RCW 29.51.060.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Forms, secretary of state to design—Availability to public: RCW
29A.08.850.
Poll books—As public records—Copies furnished, uses restricted: RCW
29A.08.720.
29A.44.220
29A.44.220 Casting vote. (Effective July 1, 2004.) On
signing the precinct list of registered voters or being issued a
ballot, the voter shall, without leaving the polling place, proceed to one of the voting booths or voting devices to cast his
or her vote. When the voter has finished, he or she shall
either (1) remove the numbered stub from the ballot, place
the ballot in the ballot box, and return the number to the precinct election officers, or (2) deliver the entire ballot to the
precinct election officers, who shall remove the numbered
stub from the ballot and place the ballot in the ballot box.
[2003 c 111 § 1121; 1990 c 59 § 43; 1988 c 181 § 4; 1965
ex.s. c 101 § 15; 1965 c 9 § 29.51.100. Prior: (i) 1947 c 77 §
2, part; 1895 c 156 § 8, part; 1889 p 409 § 23, part; Rem.
Supp. 1947 § 5288, part. (ii) 1889 p 410 § 24, part; RRS §
5289, part. Formerly RCW 29.51.100.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.44.230
29A.44.230 Record of participation. (Effective July
1, 2004.) As each voter casts his or her vote, the precinct
election officers shall insert in the poll books or precinct list
of registered voters opposite that voter's name, a notation to
credit the voter with having participated in that primary or
election. The precinct election officers shall record the
voter's name so that a separate record is kept. [2003 c 111 §
1122. Prior: 1990 c 59 § 42; 1971 ex.s. c 202 § 42; 1965 c 9
§ 29.51.070; prior: (i) 1895 c 156 § 7, part; 1889 p 409 § 22,
part; Code 1881 § 3079, part; 1865 p 34 § 4, part; RRS §
5279, part. (ii) 1933 c 1 § 25; RRS § 5114-25. (iii) 1915 c
114 § 7, part; 1913 c 58 § 13, part; RRS § 5313, part. Formerly RCW 29.51.070.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.44.240
29A.44.240 Disabled voters. (Effective July 1, 2004.)
(1) Voting shall be secret except to the extent necessary to
assist sensory or physically disabled voters.
(2) If any voter declares in the presence of the election
officers that because of sensory or physical disability he or
she is unable to register or record his or her vote, he or she
may designate a person of his or her choice or two election
officers from opposite political parties to enter the voting
[2003 RCW Supp—page 351]
29A.44.250
Title 29A RCW: Elections
machine booth with him or her and record his or her vote as
he or she directs.
(3) A person violating this section is guilty of a misdemeanor. [2003 c 111 § 1123; 2003 c 53 § 180; 1981 c 34 § 1;
1965 ex.s. c 101 § 17; 1965 c 9 § 29.51.200. Prior: (i) 1915
c 114 § 7, part; 1913 c 58 § 13, part; RRS § 5313, part. (ii)
1947 c 35 § 1, part; 1889 p 412 § 33, part; Rem. Supp. 1947
§ 5298, part. Former law: 1901 c 135 § 6; 1889 p 410 § 26.
Formerly RCW 29.51.200.]
Reviser's note: This section was amended by 2003 c 53 § 180 and by
2003 c 111 § 1123, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Disabled voters, accessibility of polling places: Chapter 29A.16 RCW.
29A.44.250
29A.44.250 Tabulation of paper ballots before close
of polls. (Effective July 1, 2004.) (1) Paper ballots may be
tabulated at the precinct polling place before the closing of
the polls. The tabulation of ballots, paper or otherwise, shall
be open to the public, but no persons except those employed
and authorized by the county auditor may touch a ballot card
or ballot container or operate vote tallying equipment.
(2) The results of the tabulation of paper ballots at the
polls shall be delivered to the county auditor as soon as the
tabulation is complete. [2003 c 111 § 1124; 1990 c 59 § 54.
Formerly RCW 29.54.018.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Divulging ballot count: RCW 29A.84.730.
29A.44.260
29A.44.260 Voters in polling place at closing time.
(Effective July 1, 2004.) If at the time of closing the polls,
there are any voters in the polling place who have not voted,
they shall be allowed to vote after the polls have been closed.
[2003 c 111 § 1125. Prior: 1990 c 59 § 51; 1965 c 9 §
29.51.250; prior: 1919 c 163 § 16, part; 1907 c 209 § 17,
part; RRS § 5194, part. Formerly RCW 29.51.250.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.44.270
29A.44.270 Unused ballots. (Effective July 1, 2004.)
At each precinct immediately after the last qualified voter has
cast his or her vote, the precinct election officers shall render
unusable and secure in a container all unused ballots for that
precinct and return them to the county auditor. [2003 c 111 §
1126; 1990 c 59 § 52; 1977 ex.s. c 361 § 84; 1965 ex.s. c 101
§ 6; 1965 c 9 § 29.54.010. Prior: 1893 c 91 § 2; RRS § 5332.
Formerly RCW 29.54.010.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
place, complete the certifications in the poll book, prepare the
ballots for transfer to the counting center if necessary, and
seal the voting devices. [2003 c 111 § 1127; 1990 c 59 § 53.
Formerly RCW 29.54.015.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.44.290
29A.44.290 Return of precinct lists after election—
Public records. (Effective July 1, 2004.) The precinct list of
registered voters for each precinct or group of precincts delivered to the precinct election officers for use on the day of an
election held in that precinct shall be returned by them to the
county auditor upon the completion of the count of the votes
cast in the precinct at that election. While in possession of
the county auditor they shall be open to public inspection
under such reasonable rules and regulations as may be prescribed therefor. [2003 c 111 § 1128. Prior: 1994 c 57 § 20;
1971 ex.s. c 202 § 22; 1965 c 9 § 29.07.180; prior: 1933 c 1
§ 8, part; RRS § 5114-8, part; prior: 1919 c 163 § 7, part;
1915 c 16 § 7, part; 1905 c 171 § 3, part; 1901 c 135 § 3, part;
1893 c 45 § 2, part; 1889 p 415 § 7, part; RRS § 5125, part.
Formerly RCW 29.07.180.]
Severability—1994 c 57: See note following RCW 10.64.021.
POLL-SITE BALLOT COUNTING DEVICES
29A.44.310
29A.44.310 Initialization. (Effective July 1, 2004.) In
precincts where poll-site ballot counting devices are used the
election officers, before initializing the device for voting,
shall proceed as follows:
(1) They shall see that the device is placed where it can
be conveniently attended by the election officers and conveniently operated by the voters;
(2) They shall see whether the number or other designating mark on the device's seal agrees with the control number
provided by the elections department. If they do not agree
they shall at once notify the elections department and delay
initializing the device. The polls may be opened pending
reexamination of the device;
(3) If the numbers do agree, they shall proceed to initialize the device and see whether the public counter registers
"000." If the counter is found to register a number other than
"000," one of the judges shall at once set the counter at "000"
and confirm that the ballot box is empty;
(4) Before processing any ballots through a poll-site ballot counting device a zero report must be produced. The
inspector and at least one of the judges shall carefully verify
that zero ballots have been run through the poll-site ballot
counting device and that all vote totals for each office are
zero. If the totals are not zero, the inspector shall either reset
the device to zero or contact the elections department to reset
the device and allow voting to continue using the auxiliary or
emergency device. [2003 c 111 § 1129. Prior: 1999 c 158 §
6; 1965 c 9 § 29.48.080; prior: 1957 c 195 § 7; prior: 1913 c
58 § 12, part; RRS § 5312, part. Formerly RCW 29.48.080.]
29A.44.280
29A.44.280 Duties of election officers after unused
ballots secure. (Effective July 1, 2004.) Immediately after
the unused ballots are secure, the precinct election officers
shall count the number of voted ballots and make a record of
any discrepancy between this number and the number of voters who signed the poll book for that precinct or polling
[2003 RCW Supp—page 352]
29A.44.320
29A.44.320 Delivery and sealing. (Effective July 1,
2004.) Whenever poll-site ballot counting devices are used,
the devices may either be included with the supplies required
in RCW 29A.44.110 or they may be delivered to the polling
place separately. All poll-site ballot counting devices must
Polling Place Elections and Poll Workers
be sealed with a unique numbered seal at the time of final
preparation and logic and accuracy testing. A log must be
made of all seal numbers and device numbers used. [2003 c
111 § 1130. Prior: 1999 c 158 § 5. Formerly RCW
29.48.045.]
29A.44.330
29A.44.330 Memory packs. (Effective July 1, 2004.)
The programmed memory pack for each poll-site ballot
counting device must be sealed into the device during final
preparation and logic and accuracy testing. Except in the
case of a device breakdown, the memory pack must remain
sealed in the device until after the polls have closed and all
reports and telephonic or electronic transfer of results are
completed. After all reporting is complete the precinct election officers responsible for transferring the sealed voted ballots under RCW 29A.60.110 shall ensure that the memory
pack is returned to the elections department. If the entire
poll-site ballot counting device is returned, the memory pack
must remain sealed in the device. If the poll-site ballot counting device is to remain at the polling place, the precinct election officer shall break the seal on the device and remove the
memory pack and seal and return it along with the irregularly
voted ballots and special ballots to the elections department
on election day. [2003 c 111 § 1131. Prior: 1999 c 158 § 11.
Formerly RCW 29.54.093.]
Results from poll-site ballot counting devices: RCW 29A.60.060.
29A.44.340
29A.44.340 Incorrectly marked ballots. (Effective
July 1, 2004.) Each poll-site ballot counting device must be
programmed to return all blank ballots and overvoted ballots
to the voter for private reexamination. The election officer
shall take whatever steps are necessary to ensure that the
secrecy of the ballot is maintained. The precinct election
officer shall provide information and instruction on how to
properly mark the ballot. The voter may remark the original
ballot, may request a new ballot under RCW 29A.44.040, or
may choose to complete a special ballot envelope and return
the ballot as a special ballot. [2003 c 111 § 1132. Prior:
1999 c 158 § 7. Formerly RCW 29.51.115.]
29A.44.350
29A.44.350 Failure of device. (Effective July 1, 2004.)
If a poll-site ballot counting device fails to operate at any
time during polling hours, voting must continue, and the ballots must be deposited for later tabulation in a secure ballot
compartment separate from the tabulated ballots. [2003 c
111 § 1133. Prior: 1999 c 158 § 8. Formerly RCW
29.51.155.]
POLL WORKERS
29A.44.410
29A.44.410 Appointment of judges and inspector.
(Effective July 1, 2004.) (1) At least ten days prior to any
primary or election, general or special, the county auditor
shall appoint one inspector and two judges of election for
each precinct (or each combination of precincts temporarily
consolidated as a single precinct for that primary or election),
other than those precincts designated as vote-by-mail precincts pursuant to RCW 29A.48.010. Except as provided in
subsection (3) of this section, the persons appointed shall be
among those whose names are contained on the lists fur-
29A.44.410
nished under RCW 29A.44.430 by the chairpersons of the
county central committees of the political parties entitled to
representation thereon. Such precinct election officers,
whenever possible, should be residents of the precinct in
which they serve.
(2) The county auditor may delete from the lists of
names submitted to the auditor by the chairpersons of the
county central committees under RCW 29A.44.430: (a) The
names of those persons who indicate to the auditor that they
cannot or do not wish to serve as precinct election officers for
the primary or election or who otherwise cannot so serve; and
(b) the names of those persons who lack the ability to conduct
properly the duties of an inspector or judge of election after
training in that proper conduct has been made available to
them by the auditor. The lists which are submitted to the
auditor in a timely manner under RCW 29A.44.430, less the
deletions authorized by this subsection, constitute the official
nomination lists for inspectors and judges of election.
(3) If the number of persons whose names are on the official nomination list for a political party is not sufficient to satisfy the requirements of subsection (4) of this section as it
applies to that political party or is otherwise insufficient to
provide the number of precinct election officials required
from that political party, the auditor shall notify the chair of
the party's county central committee regarding the deficiency. The chair may, within five business days of being
notified by the auditor, add to the party's nomination list the
names of additional persons belonging to that political party
who are qualified to serve on the election boards. To the
extent that, following this procedure, the number of persons
whose names appear on the official nomination lists of the
political parties is insufficient to provide the number of election inspectors and judges required for a primary or election,
the auditor may appoint a properly trained person whose
name does not appear on such a list as an inspector or judge
of election for a precinct.
(4) The county auditor shall designate the inspector and
one judge in each precinct from that political party which
polled the highest number of votes in the county for its candidate for president at the last preceding presidential election
and one judge from that political party polling the next highest number of votes in the county for its candidate for president at the same election. The provisions of this subsection
apply only if the number of names on the official nomination
list for inspectors and judges of election for a political party
is sufficient to satisfy the requirements imposed by this subsection.
(5) Except as provided in RCW 29A.44.440 for the filling of vacancies, this shall be the exclusive method for the
appointment of inspectors and judges to serve as precinct
election officers at any primary or election, general or special, and shall supersede the provisions of any and all other
statutes, whether general or special in nature, having different
requirements. [2003 c 111 § 1134; 1991 c 106 § 1; 1983 1st
ex.s. c 71 § 7; 1965 ex.s. c 101 § 1; 1965 c 9 § 29.45.010.
Prior: (i) 1935 c 165 § 2, part; RRS § 5147-1, part. (ii) Code
1881 § 3068, part; 1865 p 30 § 2, part; RRS § 5158, part. (iii)
1907 c 209 § 15, part; RRS § 5192, part. (iv) 1895 c 156 § 6,
part; 1889 p 407 § 20, part; RRS § 5277, part. (v) 1947 c 182
§ 1, part; Rem. Supp. 1947 § 5166-10, part; prior: 1945 c 164
§ 3, part; 1941 c 180 § 1, part; 1935 c 5 § 1, part; 1933 ex.s. c
[2003 RCW Supp—page 353]
29A.44.420
Title 29A RCW: Elections
29 § 1, part; prior: 1933 c 79 § 1, part; 1927 c 279 § 2, part;
1923 c 53 § 3, part; 1921 c 61 § 5, part; Rem. Supp. 1945 §
5147, part. Formerly RCW 29.45.010.]
29A.44.420
29A.44.420 Appointment of clerks—Party representation—Hour to report. (Effective July 1, 2004.) At the
same time the officer having jurisdiction of the election
appoints the inspector and two judges as provided in RCW
29A.44.410, he or she may appoint one or more persons to act
as clerks if in his or her judgment such additional persons are
necessary, except that in precincts in which voting machines
are used, the judges of election shall perform the duties
required to be performed by clerks.
Each clerk appointed shall represent a major political
party. The political party representation of a single set of precinct election officers shall, whenever possible, be equal but,
in any event, no single political party shall be represented by
more than a majority of one at each polling place.
The election officer having jurisdiction of the election
may designate at what hour the clerks shall report for duty.
The hour may vary among the precincts according to the
judgment of the appointing officer. [2003 c 111 § 1135; 1965
ex.s. c 101 § 2; 1965 c 9 § 29.45.020. Prior: 1955 c 168 § 4;
prior: (i) 1915 c 114 § 4, part; 1913 c 58 § 9, part; RRS §
5308, part. (ii) 1895 c 156 § 1, part; Code 1881 § 3069, part;
1865 p 31 § 3, part; RRS § 5159, part. Formerly RCW
29.45.020.]
29A.44.430
29A.44.430 Nomination. (Effective July 1, 2004.) The
precinct committee officer of each major political party shall
certify to the officer's county chair a list of those persons
belonging to the officer's political party qualified to act upon
the election board in the officer's precinct.
By the first day of June each year, the chair of the county
central committee of each major political party shall certify
to the officer having jurisdiction of the election a list of those
persons belonging to the county chair's political party in each
precinct who are qualified to act on the election board
therein.
The county chair shall compile this list from the names
certified by the various precinct committee officers unless no
names or not a sufficient number of names have been certified from a precinct, in which event the county chair may
include therein the names of qualified members of the county
chair's party selected by the county chair. The county chair
shall also have the authority to substitute names of persons
recommended by the precinct committee officers if in the
judgment of the county chair such persons are not qualified to
serve as precinct election officers. [2003 c 111 § 1136; 1991
c 106 § 2; 1987 c 295 § 16; 1965 ex.s. c 101 § 3; 1965 c 9 §
29.45.030. Prior: (i) 1907 c 209 § 15, part; RRS § 5192, part.
(ii) 1935 c 165 § 2, part; RRS § 5147-1, part. Formerly
RCW 29.45.030.]
29A.44.440
29A.44.440 Vacancies—How filled—Inspector's
authority. (Effective July 1, 2004.) If no election officers
have been appointed for a precinct, or if at the hour for opening the polls none of those appointed is present at the polling
place therein, the voters present may appoint the election
board for that precinct. One of the judges may perform the
[2003 RCW Supp—page 354]
duties of clerk of election. The inspector shall have the
power to fill any vacancy that may occur in the board of
judges, or by absence or refusal to serve of either of the clerks
after the polls shall have been opened. [2003 c 111 § 1137.
Prior: 1965 c 9 § 29.45.040; prior: (i) Code 1881 § 3075,
part; 1865 p 32 § 9, part; RRS § 5165, part. (ii) Code 1881 §
3068, part; 1865 p 30 § 2, part; RRS § 5158, part. (iii) 1907
c 209 § 15, part; RRS § 5192, part. Formerly RCW
29.45.040.]
29A.44.450
29A.44.450 One set of precinct election officers,
exceptions—Counting board—Receiving board. (Effective July 1, 2004.) There shall be but one set of election
officers at any one time in each precinct except as provided in
this section.
In every precinct using paper ballots having two hundred
or more registered voters there shall be appointed, and in
every precinct having less than two hundred registered voters
there may be appointed, at a state primary or state general
election, two or more sets of precinct election officers as provided in RCW 29A.04.215 and 29A.44.410. The officer in
charge of the election may appoint one or more counting
boards at his or her discretion, when he or she decides that
because of a long or complicated ballot or because of the
number of expected voters, there is need of additional counting board or boards to improve the speed and accuracy of the
count.
In making such appointments, one or more sets of precinct election officers shall be designated as the counting
board or boards, the first of which shall consist of an inspector, two judges, and a clerk and the second set, if activated,
shall consist of two judges and two clerks. The duties of the
counting board or boards shall be the count of ballots cast and
the return of the election records and supplies to the officer
having jurisdiction of the election.
One set of precinct election officers shall be designated
as the receiving board which shall have all other powers and
duties imposed by law for such elections. Nothing in this section prevents the county auditor from appointing relief or
replacement precinct election officers at any time during
election day. Relief or replacement precinct election officers
must be of the same political party as the officer they are
relieving or replacing. [2003 c 111 § 1138; 1994 c 223 § 91;
1973 c 102 § 2; 1965 ex.s. c 101 § 4; 1965 c 9 § 29.45.050.
Prior: 1955 c 148 § 2; prior: (i) 1923 c 53 § 4, part; 1921 c
61 § 6, part; RRS § 5148, part. (ii) 1921 c 170 § 4, part; RRS
§ 5153, part. Formerly RCW 29.45.050.]
29A.44.460
29A.44.460 Duties—Generally. (Effective July 1,
2004.) The inspector and judges of election in each precinct
shall conduct the elections therein and receive, deposit, and
count the ballots cast thereat and make returns to the proper
canvassing board or officer except that when two or more sets
of precinct election officers are appointed as provided in
RCW 29A.44.450, the ballots shall be counted by the counting board or boards as provided in RCW 29A.44.250,
29A.44.280, and 29A.84.730. [2003 c 111 § 1139. Prior:
1990 c 59 § 74; 1973 c 102 § 3; 1965 ex.s. c 101 § 5; 1965 c
9 § 29.45.060; prior: 1955 c 148 § 3; prior: (i) 1923 c 53 § 4,
part; 1921 c 61 § 6, part; RRS § 5148, part. (ii) 1921 c 170 §
4, part; RRS § 5153, part. Formerly RCW 29.45.060.]
Vote by Mail Ballots
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.44.470
29A.44.470 Application to other primaries or elections. (Effective July 1, 2004.) All of the provisions of
RCW 29A.44.450 and 29A.44.460 relating to counting
boards may be applied on an optional basis to any other primary or election, regular or special, at the discretion of the
officer in charge of the election. [2003 c 111 § 1140. Prior:
1973 c 102 § 5. Formerly RCW 29.45.065.]
29A.44.480
29A.44.480 Inspector as chair—Authority. (Effective July 1, 2004.) The inspector shall be the chair of the
board and after its organization administer all necessary oaths
that may be required in the progress of the election. [2003 c
111 § 1141; 1965 c 9 § 29.45.070. Prior: Code 1881 § 3075,
part; 1865 p 32 § 9, part; RRS § 5165, part. Formerly RCW
29.45.070.]
29A.44.490
29A.44.490 Oaths of officers required. (Effective
July 1, 2004.) The inspector, judges, and clerks of election,
before entering upon the duties of their offices, shall take and
subscribe the prescribed oath or affirmation which shall be
administered to them by any person authorized to administer
oaths and verified under the hand of the person by whom
such oath or affirmation is administered. If no such person is
present, the inspector shall administer the same to the judges
and clerks, and one of the judges shall administer the oath to
the inspector.
The county auditor shall furnish two copies of the proper
form of oath to each precinct election officer, one copy
thereof, after execution, to be placed and transmitted with the
election returns. [2003 c 111 § 1142. Prior: 1965 c 9 §
29.45.080; prior: (i) Code 1881 § 3070; 1865 p 31 § 4; RRS
§ 5160. (ii) 1895 c 156 § 2, part; Code 1881 § 3074, part;
1865 p 32 § 8, part; RRS § 5164, part. Formerly RCW
29.45.080.]
29A.44.500
29A.44.500 Oath of inspectors, form. (Effective July
1, 2004.) The following shall be the form of the oath or affirmation to be taken by each inspector:
"I, A B, do swear (or affirm) that I will duly attend to the
ensuing election, during the continuance thereof, as an
inspector, and that I will not receive any ballot or vote from
any person other than such as I firmly believe to be entitled to
vote at such election, without requiring such evidence of the
right to vote as is directed by law; nor will I vexatiously delay
the vote of, or refuse to receive, a ballot from any person
whom I believe to be entitled to vote; but that I will in all
things truly, impartially, and faithfully perform my duty
therein to the best of my judgment and abilities; and that I am
not, directly nor indirectly, interested in any bet or wager on
the result of this election." [2003 c 111 § 1143. Prior: 1965
c 9 § 29.45.090; prior: Code 1881 § 3071; 1865 p 31 § 5;
RRS § 5161. Formerly RCW 29.45.090.]
29A.44.510
29A.44.510 Oath of judges, form. (Effective July 1,
2004.) The following shall be the oath or affirmation of each
judge:
"We, A B, do swear (or affirm) that we will as judges
duly attend the ensuing election, during the continuance
Chapter 29A.48
thereof, and faithfully assist the inspector in carrying on the
same; that we will not give our consent to the receipt of any
vote or ballot from any person, other than one whom we
firmly believe to be entitled to vote at such election; and that
we will make a true and perfect return of the said election and
will in all things truly, impartially, and faithfully perform our
duty respecting the same to the best of our judgment and abilities; and that we are not directly nor indirectly interested in
any bet or wager on the result of this election." [2003 c 111
§ 1144. Prior: 1965 c 9 § 29.45.100; prior: Code 1881 §
3072; 1865 p 31 § 6; RRS § 5162. Formerly RCW
29.45.100.]
29A.44.520
29A.44.520 Oath of clerks, form. (Effective July 1,
2004.) The following shall be the form of the oath to be taken
by the clerks:
"We, and each of us, A B, do swear (or affirm) that we
will impartially and truly write down the name of each elector
who votes at the ensuing election, and also the name of the
county and precinct wherein the elector resides; that we will
carefully and truly write down the number of votes given for
each candidate at the election as often as his name is read to
us by the inspector and in all things truly and faithfully perform our duty respecting the same to the best of our judgment
and abilities, and that we are not directly nor indirectly interested in any bet or wager on the result of this election." [2003
c 111 § 1145. Prior: 1965 c 9 § 29.45.110; prior: Code 1881
§ 3073; 1865 p 32 § 7; RRS § 5163. Formerly RCW
29.45.110.]
29A.44.530
29A.44.530 Compensation. (Effective July 1, 2004.)
The fees of officers of election shall be as follows:
To the judges and clerks of an election not less than the
minimum hourly wage per hour as provided under RCW
49.46.020, the exact amount to be fixed by the respective
boards of county commissioners for each county. To inspectors, the rate paid to judges and clerks plus an additional two
hours' compensation. The precinct election officer picking
up the election supplies and returning the election returns to
the county auditor shall be entitled to additional compensation, the exact amount to be determined by the respective
boards of county commissioners for each county. [2003 c
111 § 1146; 1971 ex.s. c 124 § 2; 1965 c 9 § 29.45.120. Prior:
1961 c 43 § 1; 1951 c 67 § 1; 1945 c 186 § 1; 1919 c 163 §
13; 1895 c 20 § 1; Code 1881 § 3151; 1866 p 8 § 9; 1865 p 52
§ 12; Rem. Supp. 1945 § 5166. See also 1907 c 209 § 15;
RRS § 5192. Formerly RCW 29.45.120.]
Severability—1971 ex.s. c 124: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 124 § 3.]
Chapter 29A.48
Chapter 29A.48 RCW
VOTE BY MAIL BALLOTS
Sections
29A.48.010
29A.48.020
29A.48.030
29A.48.040
29A.48.050
29A.48.060
Mail ballot precincts. (Effective July 1, 2004.)
Special elections. (Effective July 1, 2004.)
Odd-year primaries. (Effective July 1, 2004.)
Depositing ballots—Replacement ballots. (Effective July 1,
2004.)
Return of voted ballot. (Effective July 1, 2004.)
Ballot contents—Counting. (Effective July 1, 2004.)
[2003 RCW Supp—page 355]
29A.48.010
Title 29A RCW: Elections
29A.48.010
29A.48.010 Mail ballot precincts. (Effective July 1,
2004.) The county auditor may designate any precinct having fewer than two hundred active registered voters at the
time of closing of voter registration as provided in RCW
29A.08.140 as a mail ballot precinct. The county auditor
shall notify each registered voter by mail that for all future
primaries and elections the voting in his or her precinct will
be by mail ballot only. In determining the number of registered voters in a precinct for the purposes of this section, persons who are ongoing absentee voters under RCW
29A.40.040 shall not be counted. Nothing in this section may
be construed as altering the vote tallying requirements of
RCW 29A.60.230.
The auditor shall mail each active voter a ballot at least
eighteen days before a primary, general election, or special
election. The auditor shall send each inactive voter either a
ballot or an application to receive a ballot at least eighteen
days before a primary, general election, or special election.
The auditor shall determine which of the two is to be sent. If
the inactive voter returns a voted ballot, the ballot shall be
counted and the voter's status restored to active. If the inactive voter completes and returns an application, a ballot shall
be sent and the voter's status restored to active. The requirements regarding certification, reporting, and the mailing of
overseas and military ballots in RCW 29.36.270 apply to
mail ballot precincts.
If the precinct exceeds two hundred registered voters, or
the auditor determines to return to a polling place election
environment, the auditor shall notify each registered voter, by
mail, of this and shall provide the address of the polling place
to be used. [2003 c 162 § 3; 2003 c 111 § 1201. Prior: 2001
c 241 § 15; prior: 1994 c 269 § 1; 1994 c 57 § 48; 1993 c 417
§ 1; 1983 1st ex.s. c 71 § 1; 1974 ex.s. c 35 § 2; 1967 ex.s. c
109 § 6. Formerly RCW 29.38.010, 29.36.120.]
Reviser's note: This section was amended by 2003 c 111 § 1201 and by
2003 c 162 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Policy—2003 c 162: See note following RCW 29.36.270.
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.48.020
29A.48.020 Special elections. (Effective July 1, 2004.)
At any nonpartisan special election not being held in conjunction with a state primary or general election, the county,
city, town, or district requesting the election pursuant to
RCW 29A.04.320 or 29A.04.330 may also request that the
special election be conducted by mail ballot. The county
auditor may honor the request or may determine that the election is not to be conducted by mail ballot. The decision of the
county auditor in this regard is final.
For all special elections not being held in conjunction
with a state primary or state general election where voting is
conducted by mail ballot, the county auditor shall, not less
than eighteen days before the date of such election, mail to
each registered voter a mail ballot. The auditor shall handle
inactive voters in the same manner as inactive voters in mail
ballot precincts. The requirements regarding certification,
reporting, and the mailing of overseas and military ballots in
RCW 29.36.270 apply to mail ballot elections. [2003 c 162 §
[2003 RCW Supp—page 356]
4; 2003 c 111 § 1202. Prior: 2001 c 241 § 16; 1994 c 57 §
49; 1993 c 417 § 2. Formerly RCW 29.38.020, 29.36.121.]
Reviser's note: This section was amended by 2003 c 111 § 1202 and by
2003 c 162 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Policy—2003 c 162: See note following RCW 29.36.270.
Severability—-Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.48.030
29A.48.030 Odd-year primaries. (Effective July 1,
2004.) In an odd-numbered year, the county auditor may
conduct a primary or a special election by mail ballot concurrently with the primary:
(1) For an office or ballot measure of a special purpose
district that is entirely within the county;
(2) For an office or ballot measure of a special purpose
district that lies in the county and one or more other counties
if the auditor first secures the concurrence of the county auditors of those other counties to conduct the primary in this
manner district-wide; and
(3) For a ballot measure or nonpartisan office of a
county, city, or town if the auditor first secures the concurrence of the legislative authority of the county, city, or town
involved.
The county auditor shall notify an election jurisdiction
for which a primary is to be held that the primary will be conducted by mail ballot.
A primary in an odd-numbered year may not be conducted by mail ballot in a precinct with two hundred or more
active registered voters if a partisan office or state office or
state ballot measure is to be voted upon at that primary in the
precinct.
To the extent they are not inconsistent with other provisions of law, the laws governing the conduct of mail ballot
special elections apply to nonpartisan primaries conducted by
mail ballot. [2003 c 111 § 1203. Prior: 2001 c 241 § 17.
Formerly RCW 29.38.030.]
29A.48.040
29A.48.040 Depositing ballots—Replacement ballots. (Effective July 1, 2004.) (1) If a county auditor conducts an election by mail, the county auditor shall designate
one or more places for the deposit of ballots not returned by
mail. The places designated under this section shall be open
on the date of the election for a period of thirteen hours,
beginning at 7:00 a.m. and ending at 8:00 p.m.
(2) A registered voter may obtain a replacement ballot as
provided in this subsection. A voter may request a replacement mail ballot in person, by mail, by telephone, or by other
electronic transmission for himself or herself and for any
member of his or her immediate family. The request must be
received by the auditor before 8:00 p.m. on election day. The
county auditor shall keep a record of each replacement ballot
issued, including the date of the request. Replacement mail
ballots may be counted in the final tabulation of ballots only
if the original ballot is not received by the county auditor and
the replacement ballot meets all requirements for tabulation
necessary for the tabulation of regular mail ballots. [2003 c
111 § 1204; 2001 c 241 § 18; 1983 1st ex.s. c 71 § 3. Formerly RCW 29.38.040, 29.36.124.]
Primaries and Elections
29A.52.130
29A.48.050
29A.48.050 Return of voted ballot. (Effective July 1,
2004.) The voter shall return the ballot to the county auditor
in the return identification envelope. If mailed, a ballot must
be postmarked not later than the date of the primary or election. Otherwise, the ballot must be deposited at the office of
the county auditor or the designated place of deposit not later
than 8:00 p.m. on the date of the primary or election. [2003 c
111 § 1205. Prior: 2001 c 241 § 19; 1993 c 417 § 4; 1983 1st
ex.s. c 71 § 4. Formerly RCW 29.38.050, 29.36.126.]
29A.48.060
29A.48.060 Ballot contents—Counting. (Effective
July 1, 2004.) All mail ballots authorized by RCW
29A.48.010, 29A.48.020, or 29A.48.030 must contain the
same offices, names of nominees or candidates, and propositions to be voted upon, including precinct offices, as if the
ballot had been voted in person at the polling place. Except
as otherwise provided by law, mail ballots must be treated in
the same manner as absentee ballots issued at the request of
the voter. If electronic vote tallying devices are used, political party observers must be given the opportunity to be
present, and a test of the equipment must be performed as
required by RCW 29A.12.130 before tabulating ballots.
Political party observers may select at random ballots to be
counted manually as provided by RCW 29A.60.170. [2003 c
111 § 1206; 2001 c 241 § 20; 1993 c 417 § 5; 1990 c 59 § 76;
1983 1st ex.s. c 71 § 5; 1967 ex.s. c 109 § 7. Formerly RCW
29.38.060, 29.36.130.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Chapter 29A.52
Chapter 29A.52 RCW
PRIMARIES AND ELECTIONS
Sections
GENERAL
29A.52.010
Elections to fill unexpired term—No primary, when. (Effective July 1, 2004.)
PARTISAN PRIMARIES
29A.52.110
29A.52.120
29A.52.130
Application of chapter. (Effective July 1, 2004.)
General election laws govern primaries. (Effective July 1,
2004.)
Blanket primary authorized. (Effective July 1, 2004.)
NONPARTISAN PRIMARIES
29A.52.210
29A.52.220
29A.52.230
29A.52.240
Local primaries. (Effective July 1, 2004.)
When no local primary permitted—Procedure. (Effective
July 1, 2004.)
Nonpartisan offices specified. (Effective July 1, 2004.)
Special election to fill unexpired term. (Effective July 1,
2004.)
NOTICES AND CERTIFICATES
29A.52.310
29A.52.320
29A.52.330
29A.52.340
29A.52.350
29A.52.360
29A.52.370
Notice of primary. (Effective July 1, 2004.)
Certification of nominees. (Effective July 1, 2004.)
Constitutional amendments and state measures—Notice
method. (Effective July 1, 2004.)
Constitutional amendments and state measures—Notice contents. (Effective July 1, 2004.)
Election—Certification of measures. (Effective July 1,
2004.)
Certificates of election to officers elected in single county or
less. (Effective July 1, 2004.)
Certificates of election to other officers. (Effective July 1,
2004.)
GENERAL
29A.52.010
29A.52.010 Elections to fill unexpired term—No primary, when. (Effective July 1, 2004.) Whenever it shall be
necessary to hold a special election in an odd-numbered year
to fill an unexpired term of any office which is scheduled to
be voted upon for a full term in an even-numbered year, no
September primary election shall be held in the odd-numbered year if, after the last day allowed for candidates to withdraw, either of the following circumstances exist:
(1) No more than one candidate of each qualified political party has filed a declaration of candidacy for the same
partisan office to be filled; or
(2) No more than two candidates have filed a declaration
of candidacy for a single nonpartisan office to be filled.
In either event, the officer with whom the declarations of
candidacy were filed shall immediately notify all candidates
concerned and the names of the candidates that would have
been printed upon the September primary ballot, but for the
provisions of this section, shall be printed as nominees for the
positions sought upon the November general election ballot.
[2003 c 111 § 1301. Prior: 1973 c 4 § 3. Formerly RCW
29.15.150, 29.13.075.]
PARTISAN PRIMARIES
29A.52.110
29A.52.110 Application of chapter. (Effective July 1,
2004.) Candidates for the following offices shall be nominated at partisan primaries held pursuant to the provisions of
this chapter:
(1) Congressional offices;
(2) All state offices except (a) judicial offices and (b) the
office of superintendent of public instruction;
(3) All county offices except (a) judicial offices and (b)
those offices where a county home rule charter provides otherwise. [2003 c 111 § 1302. Prior: 1990 c 59 § 78; 1965 c 9
§ 29.18.010; prior: 1911 c 101 § 2; 1909 c 82 § 1; 1907 c 209
§ 2; RRS § 5178. Formerly RCW 29.18.010.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.52.120
29A.52.120 General election laws govern primaries.
(Effective July 1, 2004.) So far as applicable, the provisions
of this title relating to conducting general elections shall govern the conduct of primaries. [2003 c 111 § 1303. Prior:
1990 c 59 § 87; 1971 ex.s. c 112 § 1; 1965 c 9 § 29.18.120;
prior: (i) 1907 c 209 § 14; RRS § 5191. (ii) 1921 c 178 § 5;
1907 c 209 § 21; RRS § 5197. (iii) 1909 c 82 § 10; 1907 c
209 § 33; RRS § 5208. Formerly RCW 29.18.120.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.52.130
29A.52.130 Blanket primary authorized. (Effective
July 1, 2004.) Except as provided otherwise in chapter
29A.56 RCW, all properly registered voters may vote for
their choice at any primary held under this title, for any candidate for each office, regardless of political affiliation and
without a declaration of political faith or adherence on the
part of the voter. [2003 c 111 § 1304. Prior: 1990 c 59 § 88;
1965 c 9 § 29.18.200; prior: 1935 c 26 § 5, part; No RRS.
Formerly RCW 29.18.200.]
[2003 RCW Supp—page 357]
29A.52.210
Title 29A RCW: Elections
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
NONPARTISAN PRIMARIES
29A.52.210
29A.52.210 Local primaries. (Effective July 1, 2004.)
All city and town primaries shall be nonpartisan. Primaries
for special purpose districts, except those districts that require
ownership of property within the district as a prerequisite to
voting, shall be nonpartisan. City, town, and district primaries shall be held as provided in RCW 29A.04.310.
The purpose of this section is to establish the holding of
a primary, subject to the exemptions in RCW 29A.52.220, as
a uniform procedural requirement to the holding of city,
town, and district elections. These provisions supersede any
and all other statutes, whether general or special in nature,
having different election requirements. [2003 c 111 § 1305.
Prior: 1990 c 59 § 89; 1977 c 53 § 3; 1975-'76 2nd ex.s. c 120
§ 1; 1965 c 123 § 7; 1965 c 9 § 29.21.010; prior: 1951 c 257
§ 7; 1949 c 161 § 3; Rem. Supp. 1949 § 5179-1. Formerly
RCW 29.21.010.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Severability—1975-'76 2nd ex.s. c 120: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-'76 2nd ex.s. c 120 § 16.]
29A.52.220
29A.52.220 When no local primary permitted—Procedure. (Effective July 1, 2004.) (1) No primary may be
held for any single position in any city, town, district, or district court, as required by RCW 29A.52.210, if, after the last
day allowed for candidates to withdraw, there are no more
than two candidates filed for the position. The county auditor
shall, as soon as possible, notify all the candidates so affected
that the office for which they filed will not appear on the primary ballot.
(2) No primary may be held for the office of commissioner of a park and recreation district or for the office of
cemetery district commissioner.
(3) Names of candidates for offices that do not appear on
the primary ballot shall be printed upon the general election
ballot in the manner specified by RCW 29A.36.130. [2003 c
111 § 1306. Prior: 1998 c 19 § 1; 1996 c 324 § 1; 1990 c 59
§ 90; 1975-'76 2nd ex.s. c 120 § 2; 1965 c 9 § 29.21.015;
prior: 1955 c 101 § 2; 1955 c 4 § 1. Formerly RCW
29.21.015.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Severability—1975-'76 2nd ex.s. c 120: See note following RCW
29A.52.210.
29A.52.230
29A.52.230 Nonpartisan offices specified. (Effective
July 1, 2004.) The offices of superintendent of public
instruction, justice of the supreme court, judge of the court of
appeals, judge of the superior court, and judge of the district
court shall be nonpartisan and the candidates therefor shall be
nominated and elected as such.
All city, town, and special purpose district elective
offices shall be nonpartisan and the candidates therefor shall
be nominated and elected as such. [2003 c 111 § 1307. Prior:
1990 c 59 § 91; 1987 c 202 § 193; 1971 c 81 § 75; 1965 c 9 §
[2003 RCW Supp—page 358]
29.21.070; prior: (i) 1927 c 155 § 1, part; 1925 ex.s. c 68 § 1,
part; 1921 c 116 § 1, part; 1919 c 85 § 1, part; 1911 c 101 § 1,
part; 1909 c 82 § 11, part; 1907 c 209 § 38, part; RRS § 5212,
part. (ii) 1933 c 85 § 1, part; RRS § 5213-1, part. Formerly
RCW 29.21.070.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Intent—1987 c 202: See note following RCW 2.04.190.
Eligibility of judges: State Constitution Art. 4 § 17.
29A.52.240
29A.52.240 Special election to fill unexpired term.
(Effective July 1, 2004.) Whenever it is necessary to hold a
special election to fill an unexpired term of an elective office
of any city, town, or district, the special election must be held
in concert with the next general election that is to be held by
the respective city, town, or district concerned for the purpose of electing officers to full terms. This section does not
apply to any city of the first class whose charter provision
relating to elections to fill unexpired terms are inconsistent
with this section. [2003 c 111 § 1308; 1972 ex.s. c 61 § 7.
Formerly RCW 29.21.410]
Severability—1972 ex.s. c 61: See note following RCW 29A.24.140.
NOTICES AND CERTIFICATES
29A.52.310
29A.52.310 Notice of primary. (Effective July 1,
2004.) Not more than ten nor less than three days before the
primary the county auditor shall publish notice of such primary in one or more newspapers of general circulation within
the county. The notice must contain the proper party designations, the names and addresses of all persons who have
filed a declaration of candidacy to be voted upon at that primary, the hours during which the polls will be open, and the
polling places for each precinct, giving the address of each
polling place. The names of all candidates for nonpartisan
offices must be published separately with designation of the
offices for which they are candidates but without party designation. This is the only notice required for the holding of any
primary. [2003 c 111 § 1309; 1965 c 9 § 29.27.030. Prior:
1949 c 161 § 10, part; 1947 c 234 § 2, part; 1935 c 26 § 1,
part; 1921 c 178 § 4, part; 1907 c 209 § 8, part; Rem. Supp.
1949 § 5185, part. Formerly RCW 29.27.030.]
29A.52.320
29A.52.320 Certification of nominees. (Effective July
1, 2004.) No later than the day following the certification of
the returns of any primary, the secretary of state shall certify
to the appropriate county auditors, the names of all persons
nominated for offices, the returns of which have been canvassed by the secretary of state. [2003 c 111 § 1310. Prior:
1990 c 59 § 9; 1965 ex.s. c 103 § 7; 1965 c 9 § 29.27.050;
prior: 1961 c 130 § 19; 1889 p 403 § 9; RRS § 5173. Formerly RCW 29.27.050.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.52.330
29A.52.330 Constitutional amendments and state
measures—Notice method. (Effective July 1, 2004.) Subject to the availability of funds appropriated specifically for
that purpose, the secretary of state shall publish notice of the
proposed constitutional amendments and other state mea-
Special Circumstances Elections
Chapter 29A.56
29A.52.360
sures that are to be submitted to the people at a state general
election up to four times during the four weeks immediately
preceding that election in every legal newspaper in the state.
The secretary of state shall supplement this publication with
an equivalent amount of radio and television advertisements.
[2003 c 111 § 1311. Prior: 1997 c 405 § 1; 1967 c 96 § 1;
1965 c 9 § 29.27.072; prior: 1961 c 176 § 1. Formerly RCW
29.27.072.]
29A.52.340
29A.52.340 Constitutional amendments and state
measures—Notice contents. (Effective July 1, 2004.) The
newspaper and broadcast notice required by Article XXIII,
section 1, of the state Constitution and RCW 29A.52.330
may set forth all or some of the following information:
(1) A legal identification of the state measure to be voted
upon.
(2) The official ballot title of such state measure.
(3) A brief statement explaining the constitutional provision or state law as it presently exists.
(4) A brief statement explaining the effect of the state
measure should it be approved.
(5) The total number of votes cast for and against the
measure in both the state senate and house of representatives.
No individual candidate or incumbent public official
may be referred to or identified in these notices or advertisements. [2003 c 111 § 1312. Prior: 1997 c 405 § 2; 1967 c 96
§ 2; 1965 c 9 § 29.27.074; prior: 1961 c 176 § 2. Formerly
RCW 29.27.074.]
29A.52.350
29A.52.350 Election—Certification of measures.
(Effective July 1, 2004.) Except as provided in RCW
29A.32.260, notice for any state, county, district, or municipal election, whether special or general, must be given by at
least one publication not more than ten nor less than three
days before the election by the county auditor or the officer
conducting the election as the case may be, in one or more
newspapers of general circulation within the county. The
legal notice must contain the title of each office under the
proper party designation, the names and addresses of all
officers who have been nominated for an office to be voted
upon at that election, together with the ballot titles of all measures, the hours during which the polls will be open, and the
polling places for each precinct, giving the address of each
polling place. The names of all candidates for nonpartisan
offices must be published separately with designation of the
offices for which they are candidates but without party designation. This is the only notice required for a state, county,
district, or municipal general or special election and supersedes the provisions of any and all other statutes, whether
general or special in nature, having different requirements for
the giving of notice of any general or special elections. [2003
c 111 § 1313; 1999 c 4 § 1; 1984 c 106 § 12; 1980 c 35 § 8;
1965 c 9 § 29.27.080. Prior: 1955 c 153 § 1; 1951 c 101 § 7;
1949 c 161 § 11; Rem. Supp. 1949 § 5148-3a. Formerly
RCW 29.27.080.]
Effective date—1999 c 4: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[January 29, 1999]." [1999 c 4 § 2.]
Severability—1980 c 35: See note following RCW 28A.343.300.
29A.52.360 Certificates of election to officers elected
in single county or less. (Effective July 1, 2004.) Immediately after the ascertainment of the result of an election for an
office to be filled by the voters of a single county, or of a precinct, or of a constituency within a county for which the
county auditor serves as supervisor of elections, the county
auditor shall notify the person elected, and issue to the person
a certificate of election. [2003 c 111 § 1314; 1965 c 9 §
29.27.100. Prior: 1961 c 130 § 8; prior: Code 1881 § 3096,
part; 1866 p 6 § 2, part; 1865 p 39 § 7, part; RRS § 5343, part.
Formerly RCW 29.27.100.]
Tie votes in final election: RCW 29A.60.220.
29A.52.370
29A.52.370 Certificates of election to other officers.
(Effective July 1, 2004.) Except as provided in the state Constitution, the governor shall issue certificates of election to
those elected as senator or representative in the Congress of
the United States and to state offices. The secretary of state
shall issue certificates of election to those elected to the office
of judge of the superior court in judicial districts comprising
more than one county and to those elected to either branch of
the state legislature in legislative districts comprising more
than one county. [2003 c 111 § 1315; 1965 c 9 § 29.27.110.
Prior: (i) 1933 c 92 § 1; RRS § 5343-1. (ii) Code 1881 §
3100, part; No RRS. Formerly RCW 29.27.110.]
Judges of their own election and qualification—Quorum: State Constitution
Art. 2 § 8.
Returns of elections, canvass, etc.: State Constitution Art. 3 § 4.
Tie votes in final election: RCW 29A.60.220.
Chapter 29A.56 RCW
SPECIAL CIRCUMSTANCES ELECTIONS
Chapter 29A.56
Sections
PRESIDENTIAL PRIMARY
29A.56.010
29A.56.020
29A.56.030
29A.56.040
Intent. (Effective July 1, 2004.)
Date. (Effective July 1, 2004.)
Ballot—Names included. (Effective July 1, 2004.)
Procedures—Ballot form and arrangement. (Effective July 1,
2004.)
29A.56.050 Allocation of delegates—Party declarations. (Effective July 1,
2004.)
29A.56.060 Costs. (Effective July 1, 2004.)
RECALL
29A.56.110 Initiating proceedings—Statement—Contents—Verification—Definitions. (Effective July 1, 2004.)
29A.56.120 Petition—Where filed. (Effective July 1, 2004.)
29A.56.130 Ballot synopsis. (Effective July 1, 2004.)
29A.56.140 Determination by superior court—Correction of ballot synopsis. (Effective July 1, 2004.)
29A.56.150 Filing supporting signatures—Time limitations. (Effective
July 1, 2004.)
29A.56.160 Petition—Form. (Effective July 1, 2004.)
29A.56.170 Petition—Size. (Effective July 1, 2004.)
29A.56.180 Number of signatures required. (Effective July 1, 2004.)
29A.56.190 Canvassing signatures—Time of—Notice. (Effective July 1,
2004.)
29A.56.200 Verification and canvass of signatures—Procedure—Statistical sampling. (Effective July 1, 2004.)
29A.56.210 Fixing date for recall election—Notice. (Effective July 1,
2004.)
29A.56.220 Response to petition charges. (Effective July 1, 2004.)
29A.56.230 Destruction of insufficient recall petition. (Effective July 1,
2004.)
29A.56.240 Fraudulent names—Record of. (Effective July 1, 2004.)
29A.56.250 Conduct of election—Contents of ballot. (Effective July 1,
2004.)
29A.56.260 Ascertaining the result—When recall effective. (Effective July
1, 2004.)
[2003 RCW Supp—page 359]
29A.56.010
Title 29A RCW: Elections
29A.56.270 Enforcement provisions—Mandamus—Appellate review.
(Effective July 1, 2004.)
PRESIDENTIAL ELECTORS
29A.56.310 Date of election—Number. (Effective July 1, 2004.)
29A.56.320 Nomination—Pledge by electors—What names on ballots—
How counted. (Effective July 1, 2004.)
29A.56.330 Counting and canvassing the returns. (Effective July 1, 2004.)
29A.56.340 Meeting—Time—Procedure—Voting for nominee of other
party, penalty. (Effective July 1, 2004.)
29A.56.350 Compensation. (Effective July 1, 2004.)
29A.56.360 Slate of presidential electors. (Effective July 1, 2004.)
CONSTITUTIONAL AMENDMENT CONVENTIONS
29A.56.410 Governor's proclamation calling convention—When. (Effective July 1, 2004.)
29A.56.420 Governor's proclamation calling convention—Publication.
(Effective July 1, 2004.)
29A.56.430 Election of convention delegates—Date. (Effective July 1,
2004.)
29A.56.440 Time and place for convention. (Effective July 1, 2004.)
29A.56.450 Delegates—Number and qualifications. (Effective July 1,
2004.)
29A.56.460 Delegates—Declarations of candidacy. (Effective July 1,
2004.)
29A.56.470 Election of delegates—Administration. (Effective July 1,
2004.)
29A.56.480 Election of delegates—Ballots. (Effective July 1, 2004.)
29A.56.490 Election of delegates—Ascertaining result. (Effective July 1,
2004.)
29A.56.500 Meeting—Organization. (Effective July 1, 2004.)
29A.56.510 Quorum—Proceedings—Record. (Effective July 1, 2004.)
29A.56.520 Certification and transmittal of result. (Effective July 1, 2004.)
29A.56.530 Expenses—How paid—Delegates receive filing fee. (Effective July 1, 2004.)
29A.56.540 Federal statutes controlling. (Effective July 1, 2004.)
PRESIDENTIAL PRIMARY
29A.56.010
29A.56.010 Intent. (Effective July 1, 2004.) The people of the state of Washington declare that:
(1) The current presidential nominating caucus system in
Washington state is unnecessarily restrictive of voter participation in that it discriminates against the elderly, the infirm,
women, the disabled, evening workers, and others who are
unable to attend caucuses and therefore unable to fully participate in this most important quadrennial event that occurs in
our democratic system of government.
(2) It is the intent of this chapter to make the presidential
selection process more open and representative of the will of
the people of our state.
(3) A presidential primary will afford the maximum
opportunity for voter access at regular polling places during
the daytime and evening hours convenient to the most people.
(4) This state's participation in the selection of presidential candidates shall be in accordance with the will of the people as expressed in a presidential preference primary.
(5) It is the intent of this chapter, to the maximum extent
practicable, to continue to reserve to the political parties the
right to conduct their delegate selection as prescribed by
party rules insofar as it reflects the will of the people as
expressed in a presidential primary election conducted every
four years in the manner described by this chapter. [2003 c
111 § 1401; 1989 c 4 § 1 (Initiative Measure No. 99). Formerly RCW 29.19.010]
29A.56.020
29A.56.020 Date. (Effective July 1, 2004.) (1) On the
fourth Tuesday in May of each year in which a president of
the United States is to be nominated and elected, a presidential primary shall be held at which voters may vote for the
[2003 RCW Supp—page 360]
nominee of a major political party for the office of president.
The secretary of state may propose an alternative date for the
primary no later than the first day of August of the year
before the year in which a president is to be nominated and
elected.
(2) No later than the first day of September of the year
before the year in which a presidential nominee is selected,
the state committee of any major political party that will use
the primary results for candidates of that party may propose
an alternative date for that primary.
(3) If an alternative date is proposed under subsection (1)
or (2) of this section, a committee consisting of the chair and
the vice-chair of the state committee of each major political
party, the secretary of state, the majority leader and minority
leader of the senate, and the speaker and the minority leader
of the house of representatives shall meet and, if affirmed by
a two-thirds vote of the members of the committee, the date
of the primary shall be changed. The committee shall meet
and decide on the proposed alternate date not later than the
first day of October of the year before the year in which a
presidential nominee is selected. The secretary of state shall
convene and preside over the meeting of the committee. A
committee member other than a legislator may appoint, in
writing, a designee to serve on his or her behalf. A legislator
who is a member of the committee may appoint, in writing,
another legislator to serve on his or her behalf.
(4) If an alternate date is approved under this section, the
secretary of state shall adopt rules under RCW 29A.04.620 to
adjust the deadlines in RCW 29A.56.030 and related provisions of this chapter to correspond with the date that has been
approved. [2003 c 111 § 1402. Prior: 1995 1st sp.s. c 20 §
1; 1989 c 4 § 2 (Initiative Measure No. 99). Formerly RCW
29.19.020.]
Effective date—1995 1st sp.s. c 20: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [June 15, 1995]." [1995 1st sp.s. c 20 § 7.]
29A.56.030
29A.56.030 Ballot—Names included. (Effective July
1, 2004.) The name of any candidate for a major political
party nomination for president of the United States shall be
printed on the presidential preference primary ballot of a
major political party only:
(1) By direction of the secretary of state, who in the secretary's sole discretion has determined that the candidate's
candidacy is generally advocated or is recognized in national
news media; or
(2) If members of the political party of the candidate
have presented a petition for nomination of the candidate that
has attached to the petition a sheet or sheets containing the
signatures of at least one thousand registered voters who
declare themselves in the petition as being affiliated with the
same political party as the presidential candidate. The petition shall be filed with the secretary of state not later than the
thirty-ninth day before the presidential preference primary.
The signature sheets shall also contain the residence address
and name or number of the precinct of each registered voter
whose signature appears thereon and shall be certified in the
manner prescribed in RCW 29A.72.230 and 29A.72.240.
The secretary of state shall place the name of the candidate on the ballot unless the candidate, at least thirty-five
Special Circumstances Elections
days before the presidential preference primary, executes and
files with the secretary of state an affidavit stating without
qualification that he or she is not now and will not become a
candidate for the office of president of the United States at
the forthcoming presidential election. The secretary of state
shall certify the names of all candidates who will appear on
the presidential preference primary ballot to the respective
county auditors on or before the fourth Tuesday in April of
each presidential election year. [2003 c 111 § 1403. Prior:
1989 c 4 § 3 (Initiative Measure No. 99). Formerly RCW
29.19.030.]
29A.56.040
29A.56.040 Procedures—Ballot form and arrangement. (Effective July 1, 2004.) (1) Except where necessary
to accommodate the national or state rules of a major political
party or where this chapter specifically provides otherwise,
the presidential primary must be conducted in substantially
the same manner as a state partisan primary under this title.
(2) Except as provided under this chapter or by rule of
the secretary of state adopted under RCW 29A.04.620, the
arrangement and form of presidential primary ballots must be
substantially as provided for a partisan primary under this
title. Whenever requested by a major political party, a separate ballot containing only the candidates of that party who
have qualified under RCW 29A.56.030 must be provided for
a voter who requests a ballot of that party. A primary ballot,
containing the names of all the candidates who have qualified
for a place on the ballot under RCW 29A.56.030, must be
provided for nonaffiliated voters.
(3) The ballot must list alphabetically the names of all
candidates for the office of president. The ballot must indicate the political party of each candidate adjacent to the name
of that candidate. Each ballot must include a blank space to
allow the voter to write in the name of any other candidate.
(4) A presidential primary ballot with votes for more
than one candidate is void, and notice to this effect, stated in
clear, simple language and printed in large type, must appear
on the face of each presidential primary ballot or on or about
each voting device. [2003 c 111 § 1404. Prior: 1995 1st sp.s.
c 20 § 2. Formerly RCW 29.19.045.]
Effective date—1995 1st sp.s. c 20: See note following RCW
29A.56.020.
29A.56.050
29A.56.050 Allocation of delegates—Party declarations. (Effective July 1, 2004.) (1) A major political party
may, under national or state party rules, base the allocation of
delegates from this state to the national nominating convention of that party in whole or in part on the participation in
precinct caucuses and conventions conducted under the rules
of that party.
(2) If requested by a major political party, the secretary
of state shall adopt rules under RCW 29A.04.620 to provide
for any declaration required by that party.
(3) Voters who subscribe to a specific political party declaration under this section must be given ballots that are
readily distinguishable from those given to other voters.
Votes cast by persons making these declarations must be tabulated and reported separately from other votes cast at the primary and may be used by a major political party in its allocation of delegates under the rules of that party.
29A.56.110
(4) For a political party that requires a specific voter declaration under this section, the secretary of state shall prescribe rules for providing, to the state and county committees
of that political party, a copy of the declarations or a list of the
voters who participated in the presidential nominating process of that party. [2003 c 111 § 1405. Prior: 1995 1st sp.s.
c 20 § 3. Formerly RCW 29.19.055.]
Effective date—1995 1st sp.s. c 20: See note following RCW
29A.56.020.
29A.56.060
29A.56.060 Costs. (Effective July 1, 2004.) Subject to
available funds specifically appropriated for this purpose,
whenever a presidential primary is held as provided by this
chapter, the state of Washington shall assume all costs of
holding the primary if it is held alone. If any other election or
elections are held at the same time, the state is liable only for
a prorated share of the costs. The county auditor shall determine the costs, including the state's prorated share, if applicable, in the same manner as provided under RCW 29A.04.410
and shall file a certified claim with the secretary of state. The
secretary of state shall include in his or her biennial budget
requests sufficient funds to carry out this section. Reimbursements for primary costs must be from appropriations
specifically provided by law for that purpose. [2003 c 111 §
1406. Prior: 1995 1st sp.s. c 20 § 5; 1989 c 4 § 8 (Initiative
Measure No. 99). Formerly RCW 29.19.080]
Effective date—1995 1st sp.s. c 20: See note following RCW
29A.56.020.
RECALL
29A.56.110
29A.56.110 Initiating proceedings—Statement—
Contents—Verification—Definitions. (Effective July 1,
2004.) Whenever any legal voter of the state or of any political subdivision thereof, either individually or on behalf of an
organization, desires to demand the recall and discharge of
any elective public officer of the state or of such political subdivision, as the case may be, under the provisions of sections
33 and 34 of Article 1 of the Constitution, the voter shall prepare a typewritten charge, reciting that such officer, naming
him or her and giving the title of the office, has committed an
act or acts of malfeasance, or an act or acts of misfeasance
while in office, or has violated the oath of office, or has been
guilty of any two or more of the acts specified in the Constitution as grounds for recall. The charge shall state the act or
acts complained of in concise language, give a detailed
description including the approximate date, location, and
nature of each act complained of, be signed by the person or
persons making the charge, give their respective post office
addresses, and be verified under oath that the person or persons believe the charge or charges to be true and have knowledge of the alleged facts upon which the stated grounds for
recall are based.
For the purposes of this chapter:
(1) "Misfeasance" or "malfeasance" in office means any
wrongful conduct that affects, interrupts, or interferes with
the performance of official duty;
(a) Additionally, "misfeasance" in office means the performance of a duty in an improper manner; and
(b) Additionally, "malfeasance" in office means the
commission of an unlawful act;
[2003 RCW Supp—page 361]
29A.56.120
Title 29A RCW: Elections
29A.56.140
(2) "Violation of the oath of office" means the neglect or
knowing failure by an elective public officer to perform faithfully a duty imposed by law. [2003 c 111 § 1407; 1984 c 170
§ 1; 1975-'76 2nd ex.s. c 47 § 1; 1965 c 9 § 29.82.010. Prior:
1913 c 146 § 1; RRS § 5350. Former part of section: 1913 c
146 § 2; RRS § 5351, now codified in RCW 29.82.015. Formerly RCW 29.82.010.]
Severability—1975-'76 2nd ex.s. c 47: "If any provision of this amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1975-'76 2nd ex.s. c 47 § 3.]
29A.56.120
29A.56.120 Petition—Where filed. (Effective July 1,
2004.) Any person making a charge shall file it with the elections officer whose duty it is to receive and file a declaration
of candidacy for the office concerning the incumbent of
which the recall is to be demanded. The officer with whom
the charge is filed shall promptly (1) serve a copy of the
charge upon the officer whose recall is demanded, and (2)
certify and transmit the charge to the preparer of the ballot
synopsis provided in RCW 29A.56.130. The manner of service shall be the same as for the commencement of a civil
action in superior court. [2003 c 111 § 1408. Prior: 1984 c
170 § 2; 1975-'76 2nd ex.s. c 47 § 2; 1965 c 9 § 29.82.015;
prior: 1913 c 146 § 2; RRS § 5351. Formerly RCW
29.82.010, part. Formerly RCW 29.82.015.]
Severability—1975-'76 2nd ex.s. c 47: See note following RCW
29A.56.110.
29A.56.130
29A.56.130 Ballot synopsis. (Effective July 1, 2004.)
(1) Within fifteen days after receiving a charge, the officer
specified below shall formulate a ballot synopsis of the
charge of not more than two hundred words.
(a) Except as provided in (b) of this subsection, if the
recall is demanded of an elected public officer whose political jurisdiction encompasses an area in more than one county,
the attorney general shall be the preparer, except if the recall
is demanded of the attorney general, the chief justice of the
supreme court shall be the preparer.
(b) If the recall is demanded of an elected public officer
whose political jurisdiction lies wholly in one county, or if
the recall is demanded of an elected public officer of a district
whose jurisdiction encompasses more than one county but
whose declaration of candidacy is filed with a county auditor
in one of the counties, the prosecuting attorney of that county
shall be the preparer, except that if the prosecuting attorney is
the officer whose recall is demanded, the attorney general
shall be the preparer.
(2) The synopsis shall set forth the name of the person
charged, the title of the office, and a concise statement of the
elements of the charge. Upon completion of the ballot synopsis, the preparer shall certify and transmit the exact language
of the ballot synopsis to the persons filing the charge and the
officer subject to recall. The preparer shall additionally certify and transmit the charges and the ballot synopsis to the
superior court of the county in which the officer subject to
recall resides and shall petition the superior court to approve
the synopsis and to determine the sufficiency of the charges.
[2003 c 111 § 1409; 1984 c 170 § 3. Formerly RCW
29.82.021.]
[2003 RCW Supp—page 362]
29A.56.140 Determination by superior court—Correction of ballot synopsis. (Effective July 1, 2004.) Within
fifteen days after receiving the petition, the superior court
shall have conducted a hearing on and shall have determined,
without cost to any party, (1) whether or not the acts stated in
the charge satisfy the criteria for which a recall petition may
be filed, and (2) the adequacy of the ballot synopsis. The
clerk of the superior court shall notify the person subject to
recall and the person demanding recall of the hearing date.
Both persons may appear with counsel. The court may hear
arguments as to the sufficiency of the charges and the adequacy of the ballot synopsis. The court shall not consider the
truth of the charges, but only their sufficiency. An appeal of
a sufficiency decision shall be filed in the supreme court as
specified by RCW 29A.56.270. The superior court shall correct any ballot synopsis it deems inadequate. Any decision
regarding the ballot synopsis by the superior court is final.
The court shall certify and transmit the ballot synopsis to the
officer subject to recall, the person demanding the recall, and
either the secretary of state or the county auditor, as appropriate. [2003 c 111 § 1410. Prior: 1984 c 170 § 4. Formerly
RCW 29.82.023.]
29A.56.150
29A.56.150 Filing supporting signatures—Time limitations. (Effective July 1, 2004.) (1) The sponsors of a
recall demanded of any public officer shall stop circulation of
and file all petitions with the appropriate elections officer not
less than six months before the next general election in which
the officer whose recall is demanded is subject to reelection.
(2) The sponsors of a recall demanded of an officer
elected to a statewide position shall have a maximum of two
hundred seventy days, and the sponsors of a recall demanded
of any other officer shall have a maximum of one hundred
eighty days, in which to obtain and file supporting signatures
after the issuance of a ballot synopsis by the superior court. If
the decision of the superior court regarding the sufficiency of
the charges is not appealed, the one hundred eighty or two
hundred seventy day period for the circulation of signatures
begins on the sixteenth day following the decision of the
superior court. If the decision of the superior court regarding
the sufficiency of the charges is appealed, the one hundred
eighty or two hundred seventy day period for the circulation
of signatures begins on the day following the issuance of the
decision by the supreme court. [2003 c 111 § 1411; 1984 c
170 § 5; 1971 ex.s. c 205 § 2. Formerly RCW 29.82.025.]
Severability—1971 ex.s. c 205: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 205 § 6.]
29A.56.160
29A.56.160 Petition—Form. (Effective July 1, 2004.)
Recall petitions must be printed on single sheets of paper of
good writing quality (including but not limited to newsprint)
not less than eleven inches in width and not less than fourteen
inches in length. No petition may be circulated or signed
prior to the first day of the one hundred eighty or two hundred
seventy day period established by RCW 29A.56.150 for that
recall petition. The petitions must be substantially in the following form:
The warning prescribed by RCW 29A.72.140; followed
by:
Special Circumstances Elections
Petition for the recall of (here insert the name of the
office and of the person whose recall is petitioned for) to the
Honorable (here insert the name and title of the officer with
whom the charge is filed).
We, the undersigned citizens and legal voters of (the
state of Washington or the political subdivision in which the
recall is to be held), respectfully direct that a special election
be called to determine whether or not (here insert the name of
the person charged and the office which he or she holds) be
recalled and discharged from his or her office, for and on
account of (his or her having committed the act or acts of
malfeasance or misfeasance while in office, or having violated his or her oath of office, as the case may be), in the following particulars: (here insert the synopsis of the charge);
and each of us for himself or herself says: I have personally
signed this petition; I am a legal voter of the State of Washington in the precinct and city (or town) and county written
after my name, and my residence address is correctly stated,
and to my knowledge, have signed this petition only once.
The petition must include a place for each petitioner to
sign and print his or her name, and the address, city, and
county at which he or she is registered to vote. [2003 c 111 §
1412; 1984 c 170 § 6; 1971 ex.s. c 205 § 4; 1965 c 9 §
29.82.030. Prior: 1913 c 146 § 4; RRS § 5353. Formerly
RCW 29.82.030.]
Severability—1971 ex.s. c 205: See note following RCW 29A.56.150.
29A.56.170
29A.56.170 Petition—Size. (Effective July 1, 2004.)
Each recall petition at the time of circulating, signing, and filing with the officer with whom it is to be filed, must consist
of not more than five sheets with numbered lines for not more
than twenty signatures on each sheet, with the prescribed
warning, title, and form of petition on each sheet, and a full,
true, and correct copy of the original statement of the charges
against the officer referred to therein, printed on sheets of
paper of like size and quality as the petition, firmly fastened
together. [2003 c 111 § 1413; 1965 c 9 § 29.82.040. Prior:
1913 c 146 § 6; RRS § 5355. Formerly RCW 29.82.040.]
29A.56.180
29A.56.180 Number of signatures required. (Effective July 1, 2004.) When the person, committee, or organization demanding the recall of a public officer has secured sufficient signatures upon the recall petition the person, committee, or organization may submit the same to the officer with
whom the charge was filed for filing in his or her office. The
number of signatures required shall be as follows:
(1) In the case of a state officer, an officer of a city of the
first class, a member of a school board in a city of the first
class, or a county officer of a county with a population of
forty thousand or more—signatures of legal voters equal to
twenty-five percent of the total number of votes cast for all
candidates for the office to which the officer whose recall is
demanded was elected at the preceding election.
(2) In the case of an officer of any political subdivision,
city, town, township, precinct, or school district other than
those mentioned in subsection (1) of this section, and in the
case of a state senator or representative—signatures of legal
voters equal to thirty-five percent of the total number of votes
cast for all candidates for the office to which the officer
whose recall is demanded was elected at the preceding elec-
29A.56.210
tion. [2003 c 111 § 1414. Prior: 1991 c 363 § 36; 1965 c 9
§ 29.82.060; prior: 1913 c 146 § 8, part; RRS § 5357, part.
Formerly RCW 29.82.060.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Recall of elective officers—Percentages required: State Constitution Art. 1
§ 34 (Amendment 8).
29A.56.190
29A.56.190 Canvassing signatures—Time of—
Notice. (Effective July 1, 2004.) Upon the filing of a recall
petition, the officer with whom the charge was filed shall
stamp on each petition the date of filing, and shall notify the
persons filing them and the officer whose recall is demanded
of the date when the petitions will be canvassed, which date
must be not less than five or more than ten days from the date
of its filing. [2003 c 111 § 1415; 1965 c 9 § 29.82.080. Prior:
1913 c 146 § 9, part; RRS § 5358, part. Formerly RCW
29.82.080.]
29A.56.200
29A.56.200 Verification and canvass of signatures—
Procedure—Statistical sampling. (Effective July 1, 2004.)
(1) Upon the filing of a recall petition, the elections officer
shall proceed to verify and canvass the names of legal voters
on the petition.
(2) The verification and canvass of signatures on the
petition may be observed by persons representing the advocates and opponents of the proposed recall so long as they
make no record of the names, addresses, or other information
on the petitions or related records during the verification process except upon the order of the superior court. The elections officer may limit the number of observers to not fewer
than two on each side, if in his or her opinion a greater number would cause undue delay or disruption of the verification
process. Any such limitation shall apply equally to both
sides. If the elections officer finds the same name signed to
more than one petition, he or she shall reject all but the first
such valid signature.
(3) Where the recall of a statewide elected official is
sought, the secretary of state may use any statistical sampling
techniques for verification and canvassing which have been
adopted by rule for canvassing initiative petitions under
RCW 29A.72.230. No petition will be rejected on the basis
of any statistical method employed. No petition will be
accepted on the basis of any statistical method employed if
such method indicates that the petition contains less than the
number of signatures of legal voters required by Article I,
section 33 (Amendment 8) of the state Constitution. [2003 c
111 § 1416. Prior: 1984 c 170 § 7; 1977 ex.s. c 361 § 107;
1965 c 9 § 29.82.090; prior: 1913 c 146 § 9, part; RRS §
5358, part. Formerly RCW 29.82.090.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.56.210
29A.56.210 Fixing date for recall election—Notice.
(Effective July 1, 2004.) If, at the conclusion of the verification and canvass, it is found that a petition for recall bears the
required number of signatures of certified legal voters, the
officer with whom the petition is filed shall promptly certify
the petitions as sufficient and fix a date for the special election to determine whether or not the officer charged shall be
recalled and discharged from office. The special election
[2003 RCW Supp—page 363]
29A.56.220
Title 29A RCW: Elections
shall be held not less than forty-five nor more than sixty days
from the certification and, whenever possible, on one of the
dates provided in RCW 29A.04.330, but no recall election
may be held between the date of the primary and the date of
the general election in any calendar year. Notice shall be
given in the manner as required by law for special elections in
the state or in the political subdivision, as the case may be.
[2003 c 111 § 1417. Prior: 1984 c 170 § 8; 1977 ex.s. c 361
§ 108; 1971 ex.s. c 205 § 5; 1965 c 9 § 29.82.100; prior: 1913
c 146 § 9, part; RRS § 5358, part. Formerly RCW
29.82.100.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
Severability—1971 ex.s. c 205: See note following RCW 29A.56.150.
29A.56.220
29A.56.220 Response to petition charges. (Effective
July 1, 2004.) When a date for a special recall election is set
the certifying officer shall serve a notice of the date of the
election to the officer whose recall is demanded and the person demanding recall. The manner of service shall be the
same as for the commencement of a civil action in superior
court. After having been served a notice of the date of the
election and the ballot synopsis, the officer whose recall is
demanded may submit to the certifying officer a response,
not to exceed two hundred fifty words in length, to the charge
contained in the ballot synopsis. Such response shall be submitted by the seventh consecutive day after service of the
notice. The certifying officer shall promptly send a copy of
the response to the person who filed the petition. [2003 c 111
§ 1418. Prior: 1984 c 170 § 9; 1980 c 42 § 1. Formerly RCW
29.82.105.]
29A.56.230
29A.56.230 Destruction of insufficient recall petition.
(Effective July 1, 2004.) If it is found that the recall petition
does not contain the requisite number of signatures of certified legal voters, the officer shall so notify the persons filing
the petition, and at the expiration of thirty days from the conclusion of the count the officer shall destroy the petitions
unless prevented therefrom by the injunction or mandate of a
court. [2003 c 111 § 1419; 1965 c 9 § 29.82.110. Prior: 1913
c 146 § 9, part; RRS § 5358, part. Formerly RCW
29.82.110.]
29A.56.240
29A.56.240 Fraudulent names—Record of. (Effective July 1, 2004.) The officer making the canvass of a recall
petition shall keep a record of all names appearing on it that
are not certified to be legal voters of the state or of the political subdivision, as the case may be, and of all names appearing more than once, and shall report the same to the prosecuting attorneys of the respective counties where the names
appear to have been signed, to the end that prosecutions may
be had for the violation of this chapter. [2003 c 111 § 1420;
1965 c 9 § 29.82.120. Prior: 1913 c 146 § 10; RRS § 5359.
Formerly RCW 29.82.120.]
29A.56.250
29A.56.250 Conduct of election—Contents of ballot.
(Effective July 1, 2004.) The special election for the recall of
an officer shall be conducted in the same manner as a special
election for that jurisdiction. The county auditor shall conduct the recall election. The ballots at any recall election
[2003 RCW Supp—page 364]
shall contain a full, true, and correct copy of the ballot synopsis of the charge and the officer's response to the charge if one
has been filed. [2003 c 111 § 1421. Prior: 1990 c 59 § 71;
1980 c 42 § 2; 1965 c 9 § 29.82.130; prior: 1913 c 146 § 11;
RRS § 5360. See also RCW 29.48.040. Formerly RCW
29.82.130.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.56.260
29A.56.260 Ascertaining the result—When recall
effective. (Effective July 1, 2004.) The votes on a recall
election must be counted, canvassed, and the results certified
in the manner provided by law for counting, canvassing, and
certifying the results of an election for the office from which
the officer is being recalled. However, if the officer whose
recall is demanded is the officer to whom, under the law,
returns of elections are made, the returns must be made to the
officer with whom the charge is filed, and who called the special election. In the case of an election for the recall of a state
officer, the county canvassing boards of the various counties
shall canvass and return the result of the election to the
officer calling the special election. If a majority of all votes
cast at the recall election is for the recall of the officer
charged, the officer is thereupon recalled and discharged
from the office, and the office thereupon is vacant. [2003 c
111 § 1422; 1977 ex.s. c 361 § 109; 1965 c 9 § 29.82.140.
Prior: 1913 c 146 § 12; RRS § 5361. Formerly RCW
29.82.140.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
Canvassing the returns: Chapter 29A.60 RCW.
29A.56.270
29A.56.270 Enforcement provisions—Mandamus—
Appellate review. (Effective July 1, 2004.) The superior
court of the county in which the officer subject to recall
resides has original jurisdiction to compel the performance of
any act required of any public officer or to prevent the performance by any such officer of any act in relation to the recall
not in compliance with law.
The supreme court has like original jurisdiction in relation to state officers and revisory jurisdiction over the decisions of the superior courts. Any proceeding to compel or
prevent the performance of any such act shall be begun
within ten days from the time the cause of complaint arises,
and shall be considered an emergency matter of public concern and take precedence over other cases, and be speedily
heard and determined. Appellate review of a decision of any
superior court shall be begun and perfected within fifteen
days after its decision in a recall election case and shall be
considered an emergency matter of public concern by the
supreme court, and heard and determined within thirty days
after the decision of the superior court. [2003 c 111 § 1423.
Prior: 1988 c 202 § 30; 1984 c 170 § 10; 1965 c 9 §
29.82.160; prior: 1913 c 146 § 14; RRS § 5363. Formerly
RCW 29.82.160.]
Rules of court: Writ procedure superseded by RAP 2.1(b), 16.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
Special Circumstances Elections
PRESIDENTIAL ELECTORS
29A.56.310
29A.56.310 Date of election—Number. (Effective
July 1, 2004.) On the Tuesday after the first Monday of
November in the year in which a president of the United
States is to be elected, there shall be elected as many electors
of president and vice president of the United States as there
are senators and representatives in Congress allotted to this
state. [2003 c 111 § 1424; 1965 c 9 § 29.71.010. Prior: 1891
c 148 § 1; RRS § 5138. Formerly RCW 29.71.010.]
29A.56.320
29A.56.320 Nomination—Pledge by electors—What
names on ballots—How counted. (Effective July 1, 2004.)
In the year in which a presidential election is held, each major
political party and each minor political party or independent
candidate convention held under chapter 29A.20 RCW that
nominates candidates for president and vice president of the
United States shall nominate presidential electors for this
state. The party or convention shall file with the secretary of
state a certificate signed by the presiding officer of the convention at which the presidential electors were chosen, listing
the names and addresses of the presidential electors. Each
presidential elector shall execute and file with the secretary of
state a pledge that, as an elector, he or she will vote for the
candidates nominated by that party. The names of presidential electors shall not appear on the ballots. The votes cast for
candidates for president and vice president of each political
party shall be counted for the candidates for presidential electors of that political party. [2003 c 111 § 1425. Prior: 1990
c 59 § 69; 1977 ex.s. c 238 § 1; 1965 c 9 § 29.71.020; prior:
1935 c 20 § 1; RRS § 5138-1. Formerly RCW 29.71.020.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.56.330
29A.56.330 Counting and canvassing the returns.
(Effective July 1, 2004.) The votes for candidates for president and vice president must be canvassed under chapter
29A.60 RCW. The secretary of state shall prepare three lists
of names of electors elected and affix the seal of the state.
The lists must be signed by the governor and secretary of
state and by the latter delivered to the college of electors at
the hour of their meeting. [2003 c 111 § 1426; 1965 c 9 §
29.71.030. Prior: 1935 c 20 § 2; RRS § 5139; prior: 1891 c
148 § 2. Formerly RCW 29.71.030.]
29A.56.340
29A.56.340 Meeting—Time—Procedure—Voting
for nominee of other party, penalty. (Effective July 1,
2004.) The electors of the president and vice president shall
convene at the seat of government on the day fixed by federal
statute, at the hour of twelve o'clock noon of that day. If there
is any vacancy in the office of an elector occasioned by death,
refusal to act, neglect to attend, or otherwise, the electors
present shall immediately proceed to fill it by voice vote, and
plurality of votes. When all of the electors have appeared and
the vacancies have been filled they shall constitute the college of electors of the state of Washington, and shall proceed
to perform the duties required of them by the Constitution
and laws of the United States. Any elector who votes for a
person or persons not nominated by the party of which he or
she is an elector is subject to a civil penalty of up to one thou-
29A.56.420
sand dollars. [2003 c 111 § 1427; 1977 ex.s. c 238 § 2; 1965
c 9 § 29.71.040. Prior: 1909 c 22 § 1; 1891 c 148 § 3; RRS
§ 5140. Formerly RCW 29.71.040.]
29A.56.350
29A.56.350 Compensation. (Effective July 1, 2004.)
Every presidential elector who attends at the time and place
appointed, and gives his or her vote for president and vice
president, is entitled to receive from this state, five dollars for
each day's attendance at the meeting of the college of electors, and ten cents per mile for travel by the usually traveled
route in going to and returning from the place where the electors meet. [2003 c 111 § 1428; 1965 c 9 § 29.71.050. Prior:
1891 c 148 § 4; RRS § 5141. Formerly RCW 29.71.050.]
29A.56.360
29A.56.360 Slate of presidential electors. (Effective
July 1, 2004.) In a year in which the president and vice president of the United States are to be elected, the secretary of
state shall include in the certification prepared under RCW
29A.52.320 the names of all candidates for president and vice
president who, at least fifty days before the general election,
have certified a slate of electors to the secretary of state under
RCW 29A.56.320 and have been nominated either (1) by a
major political party, as certified by the appropriate authority
under party rules, or (2) by a minor party or as independent
candidates under chapter 29A.20 RCW. Major or minor
political parties or independent presidential candidates may
substitute a different candidate for vice president for the one
whose name appears on the party's certification or nominating petition at any time before forty-five days before the general election, by certifying the change to the secretary of
state. Substitutions must not be permitted to delay the printing of either ballots or a voters' pamphlet. Substitutions are
valid only if submitted under oath and signed by the same
individual who originally certified the nomination, or his or
her documented successor, and only if the substitute candidate consents in writing. [2003 c 111 § 1429. Prior: 2001 c
30 § 1. Formerly RCW 29.27.140.]
CONSTITUTIONAL AMENDMENT CONVENTIONS
29A.56.410
29A.56.410 Governor's proclamation calling convention—When. (Effective July 1, 2004.) Within thirty days
after the state is officially notified that the Congress of the
United States has submitted to the several states a proposed
amendment to the Constitution of the United States to be ratified or rejected by a convention, the governor shall issue a
proclamation fixing the time and place for holding the convention and fixing the time for holding an election to elect
delegates to the convention. [2003 c 111 § 1430; 1965 c 9 §
29.74.010. Prior: 1933 c 181 § 1, part; RRS § 5249-1, part.
Formerly RCW 29.74.010.]
29A.56.420
29A.56.420 Governor's proclamation calling convention—Publication. (Effective July 1, 2004.) The proclamation shall be published once each week for two successive
weeks in one newspaper published and of general circulation
in each of the congressional districts of the state. The first
publication of the proclamation shall be within thirty days of
the receipt of official notice by the state of the submission of
the amendment. [2003 c 111 § 1431. Prior: 1965 c 9 §
[2003 RCW Supp—page 365]
29A.56.430
Title 29A RCW: Elections
29.74.020; prior: 1933 c 181 § 1, part; RRS § 5249-1, part.
Formerly RCW 29.74.020.]
29A.56.430
29A.56.430 Election of convention delegates—Date.
(Effective July 1, 2004.) The date for holding the election of
delegates must be not less than one month nor more than six
weeks before the date of holding the convention. If a general
election is to be held not more than six months nor less than
three months from the date of official notice of submission to
the state of the proposed amendment, the governor must fix
the date of the general election as the date for the election of
delegates to the convention. [2003 c 111 § 1432; 1965 c 9 §
29.74.030. Prior: (i) 1933 c 181 § 1, part; RRS § 5249-1,
part. (ii) 1933 c 181 § 9; RRS § 5249-9. Formerly RCW
29.74.030.]
29A.56.440
29A.56.440 Time and place for convention. (Effective July 1, 2004.) The convention shall be held not less than
five nor more than eight months from the date of the first publication of the proclamation provided for in RCW
29A.56.420. It shall be held in the chambers of the state
house of representatives unless the governor shall select
some other place at the state capitol. [2003 c 111 § 1433.
Prior: 1965 c 9 § 29.74.040; prior: 1933 c 181 § 1, part; RRS
§ 5249-1, part. Formerly RCW 29.74.040.]
29A.56.450
29A.56.450 Delegates—Number and qualifications.
(Effective July 1, 2004.) Each state representative district
shall be entitled to as many delegates in the convention as it
has members in the house of representatives of the state legislature. No person shall be qualified to act as a delegate in
said convention who does not possess the qualifications
required of representatives in the state legislature from the
same district. [2003 c 111 § 1434. Prior: 1965 c 9 §
29.74.050; prior: 1933 c 181 § 2; RRS § 5249-2. Formerly
RCW 29.74.050.]
Qualifications of legislators: State Constitution Art. 2 § 7.
Subversive activities, disqualification from holding public office: RCW
9.81.040.
29A.56.460
29A.56.460 Delegates—Declarations of candidacy.
(Effective July 1, 2004.) Anyone desiring to file as a candidate for election as a delegate to the convention shall, not less
than thirty nor more than sixty days before the date fixed for
holding the election, file a declaration of candidacy with the
secretary of state. Filing must be made on a form to be prescribed by the secretary of state and include a sworn statement of the candidate as being either for or against the
amendment that will be submitted to a vote of the convention
and that the candidate will, if elected as a delegate, vote in
accordance with the declaration. The form must be so
worded that the candidate must give a plain unequivocal
statement of his or her views as either for or against the proposal upon which he or she will, if elected, be called upon to
vote. No candidate may in any such filing make any statement or declaration as to party politics or political faith or
beliefs. The fee for filing as a candidate is ten dollars and
must be transmitted to the secretary of state with the filing
papers and be by the secretary of state transmitted to the state
treasurer for the use of the general fund. [2003 c 111 § 1435;
[2003 RCW Supp—page 366]
1965 c 9 § 29.74.060. Prior: 1933 c 181 § 3; RRS § 5249-3.
Formerly RCW 29.74.060.]
29A.56.470
29A.56.470 Election of delegates—Administration.
(Effective July 1, 2004.) The election of delegates to the
convention must as far as practicable, be administered,
except as otherwise provided in this chapter, in the same
manner as a general election under the election laws of this
state. [2003 c 111 § 1436; 1965 c 9 § 29.74.070. Prior: 1933
c 181 § 4, part; RRS § 5249-4, part. Formerly RCW
29.74.070.]
29A.56.480
29A.56.480 Election of delegates—Ballots. (Effective
July 1, 2004.) The issue shall be identified as, "Delegates to
a convention for ratification or rejection of a proposed
amendment to the United States Constitution, relating
. . . . . . . . . . . (stating briefly the substance of amendment
proposed for adoption or rejection)." The names of all candidates who have filed in a district shall be printed on the ballots for that district in two separate groups under the headings, "For the amendment" and "Against the amendment."
The names of the candidates in each group shall be printed in
alphabetical order. [2003 c 111 § 1437. Prior: 1990 c 59 §
70; 1965 c 9 § 29.74.080; prior: 1933 c 181 § 4, part; RRS §
5249-4, part. Formerly RCW 29.74.080.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Ballots: Chapter 29A.36 RCW.
29A.56.490
29A.56.490 Election of delegates—Ascertaining
result. (Effective July 1, 2004.) The election officials shall
count and determine the number of votes cast for each individual; and shall also count and determine the aggregate
number of votes cast for all candidates whose names appear
under each of the respective headings. Where more than the
required number have been voted for, the ballot must be
rejected. The figures determined by the various counts must
be entered in the poll books of the respective precincts. The
vote must be canvassed in each county by the county canvassing board, and certificate of results must within fifteen
days after the election be transmitted to the secretary of state.
Upon receiving the certificate, the secretary of state may
require returns or poll books from any county precinct to be
forwarded for the secretary's examination.
Where a district embraces precincts of more than one
county, the secretary of state shall combine the votes from all
the precincts included in each district. The delegates elected
in each district will be the number of candidates corresponding to the number of state representatives from the district,
who receive the highest number of votes in the group (either
"for" or "against") that received an aggregate number of votes
for all candidates in the group greater than the aggregate
number of votes for all the candidates in the other group. The
secretary of state shall issue certificates of election to the delegates so elected. [2003 c 111 § 1438; 1965 c 9 § 29.74.100.
Prior: 1933 c 181 § 6; RRS § 5249-6. Formerly RCW
29.74.100.]
29A.56.500
29A.56.500 Meeting—Organization. (Effective July
1, 2004.) The convention shall meet at the time and place
Canvassing
fixed in the governor's proclamation. The secretary of state
shall call it to order, who shall then call the roll of the delegates and preside over the convention until its president is
elected. The chief justice of the supreme court shall administer the oath of office to the delegates. As far as practicable,
the convention shall proceed under the rules adopted by the
last preceding session of the state senate. The convention
shall elect a president and a secretary and shall thereafter and
thereupon proceed with a publicly recorded voice vote upon
the proposition submitted by the Congress of the United
States. [2003 c 111 § 1439; 1965 c 9 § 29.74.110. Prior:
1933 c 181 § 7, part; RRS § 5249-7, part. Formerly RCW
29.74.110.]
29A.56.510
29A.56.510 Quorum—Proceedings—Record.
(Effective July 1, 2004.) Two-thirds of the elected members
of said convention shall constitute a quorum to do business,
and a majority of those elected shall be sufficient to adopt or
reject any proposition coming before the convention. If such
majority votes in favor of the ratification of the amendment
submitted to the convention, the said amendment shall be
deemed ratified by the state of Washington; and if a majority
votes in favor of rejecting or not ratifying the amendment, the
same shall be deemed rejected by the state of Washington.
[2003 c 111 § 1440. Prior: 1965 c 9 § 29.74.120; prior: 1933
c 181 § 8, part; RRS § 5249-8, part. Formerly RCW
29.74.120.]
29A.56.520
29A.56.520 Certification and transmittal of result.
(Effective July 1, 2004.) The vote of each member shall be
recorded in the journal of the convention, which shall be preserved by the secretary of state as a public document. The
action of the convention shall be enrolled, signed by its president and secretary and filed with the secretary of state and it
shall be the duty of the secretary of state to properly certify
the action of the convention to the Congress of the United
States as provided by general law. [2003 c 111 § 1441; 1965
c 9 § 29.74.130. Prior: (i) 1933 c 181 § 7, part; RRS § 52497, part. (ii) 1933 c 181 § 8, part; RRS § 5249-8, part. Formerly RCW 29.74.130.]
29A.60.020
said congressional measure shall be followed so far as they
conflict with the provisions of this chapter. [2003 c 111 §
1443. Prior: 1965 c 9 § 29.74.150; prior: 1933 c 181 § 11;
RRS § 5249-11. Formerly RCW 29.74.150.]
Chapter 29A.60
Chapter 29A.60 RCW
CANVASSING
Sections
29A.60.010 Conduct of elections—Canvass. (Effective July 1, 2004.)
29A.60.020 Write-in voting—Declaration of candidacy—Counting of
vote. (Effective July 1, 2004.)
29A.60.030 Tabulation continuous. (Effective July 1, 2004.)
29A.60.040 Rejection of ballots or parts—Write-in votes. (Effective July
1, 2004.)
29A.60.050 Questions on legality of ballot—Preservation and return.
(Effective July 1, 2004.)
29A.60.060 Poll-site ballot counting devices—Results. (Effective July 1,
2004.)
29A.60.070 Returns, precinct and cumulative—Delivery to canvassing
board. (Effective July 1, 2004.)
29A.60.080 Sealing of voting devices—Exceptions. (Effective July 1,
2004.)
29A.60.090 Voting systems—Maintenance of documents. (Effective July
1, 2004.)
29A.60.100 Votes by stickers, printed labels, rejected. (Effective July 1,
2004.)
29A.60.110 Ballot containers, sealing, opening. (Effective July 1, 2004.)
29A.60.120 Counting ballots—Official returns. (Effective July 1, 2004.)
29A.60.130 Certificate not withheld for informality in returns. (Effective
July 1, 2004.)
29A.60.140 Canvassing board—Membership—Authority—Delegation of
authority—Rule making. (Effective July 1, 2004.)
29A.60.150 Procedure when member a candidate. (Effective July 1, 2004.)
29A.60.160 Absentee ballots. (Effective July 1, 2004.)
29A.60.170 Counting center, direction and observation of proceedings—
Manual count of certain precincts. (Effective July 1, 2004.)
29A.60.180 Credit for voting—Retention of ballots. (Effective July 1,
2004.)
29A.60.190 Certification of election results—Unofficial returns. (Effective
July 1, 2004.)
29A.60.200 Canvassing board—Canvassing procedure—Penalty. (Effective July 1, 2004.)
29A.60.210 Recanvass—Generally. (Effective July 1, 2004.)
29A.60.220 Tie in primary or final election. (Effective July 1, 2004.)
29A.60.230 Abstract by election officer—Transmittal to secretary of state.
(Effective July 1, 2004.)
29A.60.240 Secretary of state—Primary returns—State offices, etc.
(Effective July 1, 2004.)
29A.60.250 Secretary of state—Final returns—Scope. (Effective July 1,
2004.)
29A.60.260 Canvass on statewide measures. (Effective July 1, 2004.)
29A.56.530
29A.56.530 Expenses—How paid—Delegates receive
filing fee. (Effective July 1, 2004.) The delegates attending
the convention shall be paid the amount of their filing fee,
upon vouchers approved by the president and secretary of the
convention and state warrants issued thereon and payable
from the general fund of the state treasury. The delegates
shall receive no other compensation or mileage. All other
necessary expenses of the convention shall be payable from
the general fund of the state upon vouchers approved by the
president and secretary of the convention. [2003 c 111 §
1442. Prior: 1965 c 9 § 29.74.140; prior: 1933 c 181 § 10;
RRS § 5249-10. Formerly RCW 29.74.140.]
29A.56.540
29A.56.540 Federal statutes controlling. (Effective
July 1, 2004.) If a congressional measure, which submits to
the several states an amendment to the Constitution of the
United States for ratification or rejection, provides for or
requires a different method of calling and holding conventions to ratify or reject said amendment, the requirements of
29A.60.010
29A.60.010 Conduct of elections—Canvass. (Effective July 1, 2004.) All elections, whether special or general,
held under RCW 29A.04.320 and 29A.04.330 must be conducted by the county auditor as ex officio county supervisor
of elections and, except as provided in RCW 29A.60.240, the
returns canvassed by the county canvassing board. [2003 c
111 § 1501; 1965 c 123 § 4; 1965 c 9 § 29.13.040. Prior:
1963 c 200 § 6; 1955 c 55 § 3; 1951 c 257 § 4; 1951 c 101 §
4; 1949 c 161 § 5; Rem. Supp. 1949 § 5153-1. Formerly
RCW 29.13.040.]
County auditor designated as supervisor of certain elections: RCW
29A.04.215.
29A.60.020
29A.60.020 Write-in voting—Declaration of candidacy—Counting of vote. (Effective July 1, 2004.) (1) For
any office at any election or primary, any voter may write in
on the ballot the name of any person for an office who has
filed as a write-in candidate for the office in the manner provided by RCW 29A.24.310 and such vote shall be counted
[2003 RCW Supp—page 367]
29A.60.030
Title 29A RCW: Elections
the same as if the name had been printed on the ballot and
marked by the voter. No write-in vote made for any person
who has not filed a declaration of candidacy pursuant to
RCW 29A.24.310 is valid if that person filed for the same
office, either as a regular candidate or a write-in candidate, at
the preceding primary. Any abbreviation used to designate
office, position, or political party shall be accepted if the canvassing board can determine, to their satisfaction, the voter's
intent.
(2) The number of write-in votes cast for each office
must be recorded and reported with the canvass for the election.
(3) Write-in votes cast for an individual candidate for an
office need not be tallied if the total number of write-in votes
cast for the office is not greater than the number of votes cast
for the candidate apparently nominated or elected, and the
write-in votes could not have altered the outcome of the primary or election. In the case of write-in votes for statewide
office or for any office whose jurisdiction encompasses more
than one county, write-in votes for an individual candidate
must be tallied whenever the county auditor is notified by
either the office of the secretary of state or another auditor in
a multicounty jurisdiction that it appears that the write-in
votes could alter the outcome of the primary or election.
(4) In the case of statewide offices or jurisdictions that
encompass more than one county, if the total number of
write-in votes cast for an office within a county is greater
than the number of votes cast for a candidate apparently nominated or elected in a primary or election, the auditor shall
tally all write-in votes for individual candidates for that office
and notify the office of the secretary of state and the auditors
of the other counties within the jurisdiction, that the write-in
votes for individual candidates should be tallied. [2003 c 111
§ 1502. Prior: 1999 c 157 § 3; 1995 c 158 § 2; 1988 c 181 §
5; 1973 1st ex.s. c 121 § 1; 1967 ex.s. c 109 § 28; 1965 ex.s.
c 101 § 14; 1965 c 9 § 29.51.170; prior: (i) 1931 c 14 § 1;
1909 c 82 § 12; RRS § 5213. (ii) 1933 c 85 § 2; RRS § 52132. (iii) 1905 c 39 § 1, part; 1889 p 405 § 15, part; RRS §
5272, part. Formerly RCW 29.62.180, 29.51.170.]
29A.60.030
29A.60.030 Tabulation continuous. (Effective July 1,
2004.) Except as provided by rule under *RCW 29.04.210,
on the day of the primary or election, the tabulation of ballots
at the polling place or at the counting center shall proceed
without interruption or adjournment until all of the ballots
cast at the polls at that primary or election have been tabulated. [2003 c 111 § 1503. Prior: 1990 c 59 § 58. Formerly
RCW 29.54.042.]
*Reviser's note: RCW 29.04.210 was repealed by 2003 c 111 § 2404,
effective July 1, 2004. Rule making regarding elections is now done under
RCW 29A.04.610.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.60.040
29A.60.040 Rejection of ballots or parts—Write-in
votes. (Effective July 1, 2004.) A ballot is invalid and no
votes on that ballot may be counted if it is found folded
together with another ballot or it is marked so as to identify
the voter.
Those parts of a ballot are invalid and no votes may be
counted for those issues or offices where more votes are cast
[2003 RCW Supp—page 368]
for the office or issue than are permitted by law; write-in
votes do not contain all of the information required under
RCW 29A.60.020; or that issue or office is not marked with
sufficient definiteness to determine the voter's choice or
intention. No write-in vote may be rejected due to a variation
in the form of the name if the election board or the canvassing
board can determine the issue for or against which or the person and the office for which the voter intended to vote. [2003
c 111 § 1504. Prior: 1999 c 158 § 13; 1999 c 157 § 4; 1990
c 59 § 56; 1977 ex.s. c 361 § 88; 1973 1st ex.s. c 121 § 2;
1965 ex.s. c 101 § 11; 1965 c 9 § 29.54.050; prior: (i) Code
1881 § 3091; 1865 p 38 § 2; RRS § 5336. (ii) 1895 c 156 §
10; 1889 p 411 § 29; RRS § 5294. (iii) 1905 c 39 § 1, part;
1889 p 405 § 15, part; RRS § 5272, part. (iv) 1895 c 156 §
11, part; 1886 p 128 § 1, part; Code 1881 § 3079, part; 1865
p 34 § 4, part; RRS § 5323, part. Formerly RCW 29.54.050.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.60.050
29A.60.050 Questions on legality of ballot—Preservation and return. (Effective July 1, 2004.) Whenever the
precinct election officers or the counting center personnel
have a question about the validity of a ballot or the votes for
an office or issue that they are unable to resolve, they shall
prepare and sign a concise record of the facts in question or
dispute. These ballots shall be delivered to the canvassing
board for processing. All ballots shall be preserved in the
same manner as valid ballots for that primary or election.
[2003 c 111 § 1505. Prior: 1990 c 59 § 57; 1977 ex.s. c 361
§ 89; 1965 c 9 § 29.54.060; prior: Code 1881 § 3080, part;
1865 p 34 § 5, part; RRS § 5324, part. Formerly RCW
29.54.060.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.60.060
29A.60.060 Poll-site ballot counting devices—
Results. (Effective July 1, 2004.) After the close of the
polls, counties employing poll-site ballot counting devices
may telephonically or electronically transmit the accumulated tally for each device to a central reporting location.
Before making a telephonic or electronic transmission the
precinct election officer must create a printed record of the
results of the election for that poll site. During the canvassing
period the results transmitted telephonically or electronically
must be considered unofficial until a complete reconciliation
of the results has been performed. This reconciliation may be
accomplished by a direct loading of the results from the
memory pack into the central accumulator, or a comparison
of the report produced at the poll site on election night with
the results received by the central accumulating device.
[2003 c 111 § 1506. Prior: 1999 c 158 § 12. Formerly RCW
29.54.097.]
Memory pack from poll-site counting device: RCW 29A.44.330.
29A.60.070
29A.60.070 Returns, precinct and cumulative—
Delivery to canvassing board. (Effective July 1, 2004.)
The county auditor shall produce cumulative and precinct
Canvassing
returns for each primary and election and deliver them to the
canvassing board for verification and certification. The precinct and cumulative returns of any primary or election are
public records under chapter 42.17 RCW. [2003 c 111 §
1507. Prior: 1990 c 59 § 60. Formerly RCW 29.54.105.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.60.080
29A.60.080 Sealing of voting devices—Exceptions.
(Effective July 1, 2004.) Except for reopening to make a
recanvass, the registering mechanism of each mechanical
voting device used in any primary or election shall remain
sealed until ten days after the completion of the canvass of
that primary or election in that county. Except where provided by a rule adopted under *RCW 29.04.210, voting
devices used in a primary or election shall remain sealed until
ten days after the completion of the canvass of that primary or
election in that county. [2003 c 111 § 1508. Prior: 1990 c 59
§ 24; 1965 c 9 § 29.33.230; prior: 1917 c 7 § 1, part; 1913 c
58 § 15, part; RRS § 5315, part. Formerly RCW 29.54.121,
29.33.230.]
*Reviser's note: RCW 29.04.210 was repealed by 2003 c 111 § 2404,
effective July 1, 2004. Rule making regarding elections is now done under
RCW 29A.04.710.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.60.090
29A.60.090 Voting systems—Maintenance of documents. (Effective July 1, 2004.) In counties using voting
systems, the county auditor shall maintain the following documents for at least sixty days after the primary or election:
(1) Sample ballot formats together with a record of the
format or formats assigned to each precinct;
(2) All programming material related to the control of
the vote tallying system for that primary or election; and
(3) All test materials used to verify the accuracy of the
tabulating equipment as required by RCW 29A.12.130.
[2003 c 111 § 1509. Prior: 1990 c 59 § 61; 1977 ex.s. c 361
§ 94. Formerly RCW 29.54.170.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.60.100
29A.60.100 Votes by stickers, printed labels,
rejected. (Effective July 1, 2004.) Votes cast by stickers or
printed labels are not valid for any purpose and shall be
rejected. Votes cast by sticker or label shall not affect the
validity of other offices or issues on the voter's ballot. [2003
c 111 § 1510. Prior: 1990 c 59 § 46; 1965 ex.s. c 101 § 16.
Formerly RCW 29.51.175.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.60.130
ment in sealed ballot containers on election day. Counties
composed entirely of islands or portions of counties composed of islands shall collect the ballots within twenty-four
hours of the close of the polls.
Ballots tabulated in poll-site ballot counting devices
must be sealed by two of the election precinct officers at the
polling place, and a log of the seal and the names of the people sealing the container must be completed. One copy of
this log must be retained by the inspector, one copy must be
placed in the ballot transfer case, and one copy must be transported with the ballots to the elections department, where the
seal number must be verified by the county auditor or a designated representative. Ballots may be transported by one
election employee if the container is sealed at the poll and
then verified when returned to the elections department.
Auditors using poll-site ballot counting devices may conduct
early pickup of counted ballots on election day.
In the presence of major party observers who are available, ballots may be removed from the sealed containers at
the elections department and consolidated into one sealed
container for storage purposes. The containers may only be
opened by the canvassing board as part of the canvass, or to
conduct recounts, or under RCW 29.60.170(3), or by order of
the superior court in a contest or election dispute. If the canvassing board opens a ballot container, it shall make a full
record of the additional tabulation or examination made of
the ballots. This record must be added to any other record of
the canvassing process in that county. [2003 c 111 § 1511;
1999 c 158 § 14; 1990 c 59 § 59. Formerly RCW 29.54.075.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.60.120
29A.60.120 Counting ballots—Official returns.
(Effective July 1, 2004.) (1) The ballots picked up from the
precincts during the polling hours may be counted only at the
counting center before the polls have closed. Election returns
from the count of these ballots must be held in secrecy until
the polls have been closed.
(2) Upon breaking the seals and opening the ballot containers from the precincts, all voted ballots must be manually
inspected for damage, write-in votes, and incorrect or incomplete marks. If it is found that any ballot is damaged so that
it cannot properly be counted by the vote tallying system, a
true duplicate copy must be made of the damaged ballot in
the presence of witnesses and substituted for the damaged
ballot. All damaged ballots must be kept by the county auditor until sixty days after the primary or election or according
to federal law, whichever is longer.
(3) The returns produced by the vote tallying system, to
which have been added the counts of questioned ballots,
write-in votes, and absentee votes, constitute the official
returns of the primary or election in that county. [2003 c 111
§ 1512; 1999 c 158 § 15; 1990 c 59 § 33; 1977 ex.s. c 361 §
74. Formerly RCW 29.54.085, 29.34.167.]
29A.60.110
29A.60.110 Ballot containers, sealing, opening.
(Effective July 1, 2004.) Immediately after their tabulation,
all ballots counted at a ballot counting center must be sealed
in containers that identify the primary or election and be
retained for at least sixty days or according to federal law,
whichever is longer. All ballots tallied by poll-site ballot
counting devices must be returned to the elections depart-
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.60.130
29A.60.130 Certificate not withheld for informality
in returns. (Effective July 1, 2004.) No certificate shall be
[2003 RCW Supp—page 369]
29A.60.140
Title 29A RCW: Elections
withheld on account of any defect or informality in the
returns of any election, if it can with reasonable certainty be
ascertained from such return what office is intended, and who
is entitled to such certificate, nor shall any commission be
withheld by the governor on account of any defect or informality of any return made to the office of the secretary of
state. [2003 c 111 § 1513. Prior: 1965 c 9 § 29.27.120; prior:
Code 1881 § 3102; 1865 p 41 § 13; RRS § 5347. Formerly
RCW 29.27.120.]
29A.60.140
29A.60.140 Canvassing board—Membership—
Authority—Delegation of authority—Rule making.
(Effective July 1, 2004.) (1) Members of the county canvassing board are the county auditor, who is the chair, the county
prosecuting attorney, and the chair of the county legislative
body. If a member of the board is not available to carry out
the duties of the board, then the auditor may designate a deputy auditor, the prosecutor may designate a deputy prosecuting attorney, and the chair of the county legislative body may
designate another member of the county legislative body.
Any such designation may be made on an election-by-election basis or may be on a permanent basis until revoked by
the designating authority. Any such designation must be in
writing, and if for a specific election, must be filed with the
county auditor not later than the day before the first day
duties are to be undertaken by the canvassing board. If the
designation is permanent until revoked by the designating
authority, then the designation must be on file in the county
auditor's office no later than the day before the first day the
designee is to undertake the duties of the canvassing board.
(2) The county canvassing board may adopt rules that
delegate in writing to the county auditor or the county auditor's staff the performance of any task assigned by law to the
canvassing board.
(3) The county canvassing board may not delegate the
responsibility of certifying the returns of a primary or election, of determining the validity of challenged ballots, or of
determining the validity of provisional ballots referred to the
board by the county auditor.
(4) The county canvassing board shall adopt administrative rules to facilitate and govern the canvassing process in
that jurisdiction.
(5) Meetings of the county canvassing board are public
meetings under chapter 42.30 RCW. All rules adopted by the
county canvassing board must be adopted in a public meeting
under chapter 42.30 RCW, and once adopted must be available to the public to review and copy under chapter 42.17
RCW. [2003 c 111 § 1514.]
29A.60.150
29A.60.150 Procedure when member a candidate.
(Effective July 1, 2004.) The members of the county canvassing board may not include individuals who are candidates for an office to be voted upon at the primary or election.
If no individual is available to serve on the canvassing board
who is not a candidate at the primary or election the individual who is a candidate must not make decisions regarding the
determination of a voter's intent with respect to a vote cast for
that specific office; the decision must be made by the other
two members of the board. If the two disagree, the vote must
not be counted unless the number of those votes could affect
the result of the primary or election, in which case the secre[2003 RCW Supp—page 370]
tary of state or a designee shall make the decision on those
votes. This section does not restrict participation in decisions
as to the acceptance or rejection of entire ballots, unless the
office in question is the only one for which the voter cast a
vote. [2003 c 111 § 1515; 1995 c 139 § 3; 1965 c 9 §
29.62.030. Prior: 1957 c 195 § 16; prior: (i) Code 1881 §
3098; 1865 p 39 § 8; RRS § 5345. (ii) 1919 c 163 § 21, part;
Code 1881 § 3095, part; 1868 p 20 § 1, part; 1865 p 39 § 6,
part; RRS § 5340, part. Formerly RCW 29.62.030.]
29A.60.160
29A.60.160 Absentee ballots. (Effective July 1, 2004.)
At least every third day after a primary or election and before
certification of the election results, except Sundays and legal
holidays, the county auditor, as delegated by the county canvassing board, shall process absentee ballots and canvass the
votes cast at that primary or election, if the county auditor is
in possession of more than twenty-five ballots that have yet to
be canvassed. The county auditor, as delegated by the county
canvassing board, may use his or her discretion in determining when to process the remaining absentee ballots and canvass the votes during the final four days before the certification of election results in order to protect the secrecy of any
ballot. In counties where this process has not been delegated
to the county auditor, the county auditor shall convene the
county canvassing board to process absentee ballots and canvass the votes cast at the primary or election as set forth in
this section.
Each absentee ballot previously not canvassed that was
received by the county auditor two days or more before processing absentee ballots and canvassing the votes as delegated by or processed by the county canvassing board, that
either was received by the county auditor before the closing
of the polls on the day of the primary or election for which it
was issued, or that bears a postmark on or before the primary
or election for which it was issued, must be processed at that
time. The tabulation of votes that results from that day's canvass must be made available to the general public immediately upon completion of the canvass. [2003 c 111 § 1516;
1999 c 259 § 4; 1995 c 139 § 2; 1987 c 54 § 2; 1965 c 9 §
29.62.020. Prior: 1957 c 195 § 15; prior: 1919 c 163 § 21,
part; Code 1881 § 3095, part; 1868 p 20 § 1, part; 1865 p 39
§ 6, part; RRS § 5340, part. Formerly RCW 29.62.020.]
Absentee ballots, canvassing: RCW 29A.40.110.
29A.60.170
29A.60.170 Counting center, direction and observation of proceedings—Manual count of certain precincts.
(Effective July 1, 2004.) (1) The counting center in a county
using voting systems is under the direction of the county
auditor and must be observed by one representative from
each major political party, if representatives have been
appointed by the respective major political parties and these
representatives are present while the counting center is operating. The proceedings must be open to the public, but no
persons except those employed and authorized by the county
auditor may touch any ballot or ballot container or operate a
vote tallying system.
(2) In counties in which ballots are not counted at the
polling place, the official political party observers, upon
mutual agreement, may request that a precinct be selected at
random on receipt of the ballots from the polling place and
Canvassing
that a manual count be made of the number of ballots and of
the votes cast on any office or issue. The ballots for that precinct must then be counted by the vote tallying system, and
this result will be compared to the results of the manual
count. This may be done as many as three times during the
tabulation of ballots on the day of the primary or election.
(3) In counties using poll-site ballot counting devices,
the political party observers, upon mutual agreement, may
choose as many as three precincts and request that a manual
count be made of the number of ballots and the votes cast on
any office or issue. The results of this count will be compared to the count of the precinct made by the poll-site ballot
counting device. These selections must be made no later than
thirty minutes after the close of the polls. The manual count
must be completed within forty-eight hours after the close of
the polls. The process must take place at a location designated by the county auditor for that purpose. The political
party observers must receive timely notice of the time and
location, and have the right to be present. However, the process must proceed as scheduled if the observers are unable to
attend. [2003 c 111 § 1517; 1999 c 158 § 9; 1990 c 59 § 30;
1977 ex.s. c 361 § 71. Formerly RCW 29.54.025,
29.34.153.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.60.180
29A.60.180 Credit for voting—Retention of ballots.
(Effective July 1, 2004.) Each registered voter casting an
absentee ballot will be credited with voting on his or her voter
registration record. Absentee ballots must be retained for the
same length of time and in the same manner as ballots cast at
the precinct polling places. [2003 c 111 § 1518. Prior: 2001
c 241 § 12; 1988 c 181 § 3; 1987 c 346 § 16; 1983 c 136 § 1;
1965 c 9 § 29.36.075; prior: 1961 c 78 § 1. Formerly RCW
29.36.330, 29.36.075.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.60.190
29A.60.190 Certification of election results—Unofficial returns. (Effective July 1, 2004.) (1) On the tenth day
after a special election or primary and on the fifteenth day
after a general election, the county canvassing board shall
complete the canvass and certify the results. Each absentee
ballot that was returned before the closing of the polls on the
date of the primary or election for which it was issued, and
each absentee ballot with a postmark on or before the date of
the primary or election for which it was issued and received
on or before the date on which the primary or election is certified, must be included in the canvass report.
(2) At the request of a caucus of the state legislature, the
county auditor shall transmit copies of all unofficial returns
of state and legislative primaries or elections prepared by or
for the county canvassing board to either the secretary of the
senate or the chief clerk of the house or [of] representatives.
[2003 c 111 § 1519.]
29A.60.200
29A.60.200 Canvassing board—Canvassing procedure—Penalty. (Effective July 1, 2004.) Before canvassing
the returns of a primary or election, the chair of the county
29A.60.220
legislative authority or the chair's designee shall administer
an oath to the county auditor or the auditor's designee attesting to the authenticity of the information presented to the canvassing board. This oath must be signed by the county auditor or designee and filed with the returns of the primary or
election.
The county canvassing board shall proceed to verify the
results from the precincts and the absentee ballots. The board
shall execute a certificate of the results of the primary or election signed by all members of the board or their designees.
Failure to certify the returns, if they can be ascertained with
reasonable certainty, is a crime under RCW 29A.84.720.
[2003 c 111 § 1520; 1990 c 59 § 63; 1965 c 9 § 29.62.040.
Prior: 1957 c 195 § 17; prior: (i) 1919 c 163 § 21, part; Code
1881 § 3095, part; 1868 p 20 § 1, part; 1865 p 39 § 6, part;
RRS § 5340, part. (ii) 1893 c 112 § 2; RRS § 5342. (iii) 1903
c 85 § 1, part; Code 1881 § 3094, part; 1865 p 38 § 4, part;
RRS § 5339, part. Formerly RCW 29.62.040.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.60.210
29A.60.210 Recanvass—Generally. (Effective July 1,
2004.) Whenever the canvassing board finds that there is an
apparent discrepancy or an inconsistency in the returns of a
primary or election, the board may recanvass the ballots or
voting devices in any precincts of the county. The canvassing board shall conduct any necessary recanvass activity on
or before the last day to certify the primary or election and
correct any error and document the correction of any error
that it finds. [2003 c 111 § 1521; 1990 c 59 § 64; 1965 c 9 §
29.62.050. Prior: 1951 c 193 § 1; 1917 c 7 § 1, part; 1913 c
58 § 15, part; RRS § 5315, part. Formerly RCW 29.62.050.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Voting systems: Chapter 29A.12 RCW.
29A.60.220
29A.60.220 Tie in primary or final election. (Effective July 1, 2004.) (1) If the requisite number of any federal,
state, county, city, or district offices have not been nominated
in a primary by reason of two or more persons having an
equal and requisite number of votes for being placed on the
general election ballot, the official empowered by state law to
certify candidates for the general election ballot shall give
notice to the several persons so having the equal and requisite
number of votes to attend at the appropriate office at the time
designated by that official, who shall then and there proceed
publicly to decide by lot which of those persons will be
declared nominated and placed on the general election ballot.
(2) If the requisite number of any federal, state, county,
city, district, or precinct officers have not been elected by reason of two or more persons having an equal and highest number of votes for one and the same office, the official empowered by state law to issue the original certificate of election
shall give notice to the several persons so having the highest
and equal number of votes to attend at the appropriate office
at the time to be appointed by that official, who shall then and
there proceed publicly to decide by lot which of those persons
will be declared duly elected, and the official shall make out
and deliver to the person thus duly declared elected a certificate of election. [2003 c 111 § 1522; 1965 c 9 § 29.62.080.
Prior: 1961 c 130 § 13; prior: (i) Code 1881 § 3097; 1866 p
[2003 RCW Supp—page 371]
29A.60.230
Title 29A RCW: Elections
29A.60.250
7 § 3; RRS § 5344. (ii) Code 1881 § 3104; 1865 p 41 § 15;
RRS § 5349. Formerly RCW 29.62.080.]
29A.60.230
29A.60.230 Abstract by election officer—Transmittal to secretary of state. (Effective July 1, 2004.) (1) Immediately after the official results of a state primary or general
election in a county are ascertained, the county auditor or
other election officer shall make an abstract of the number of
registered voters in each precinct and of all the votes cast in
the county at such state primary or general election for and
against state measures and for each candidate for federal,
state, and legislative office or for any other office which the
secretary of state is required by law to canvass. The cumulative report of the election and a copy of the certificate of the
election must be transmitted to the secretary of state immediately, through electronic means and mailed with the abstract
of votes no later than the next business day following the certification by the county canvassing board.
(2) After each general election, the county auditor or
other election officer shall provide to the secretary of state a
report of the number of absentee ballots cast in each precinct
for and against state measures and for each candidate for federal, state, and legislative office or for any other office which
the secretary of state is required by law to canvass. The
report may be included in the abstract required by this section
or may be transmitted to the secretary of state separately, but
in no event later than March 31st of the year following the
election. Absentee ballot results may be incorporated into
votes cast at the polls for each precinct or may be reported
separately on a precinct-by-precinct basis.
(3) If absentee ballot results are not incorporated into
votes cast at the polls, the county auditor or other election
official may aggregate results from more than one precinct if
the auditor, pursuant to rules adopted by the secretary of
state, finds that reporting a single precinct's absentee ballot
results would jeopardize the secrecy of a person's ballot. To
the extent practicable, precincts for which absentee results
are aggregated must be contiguous. [2003 c 111 § 1523;
2001 c 225 § 2; 1999 c 298 § 21; 1990 c 262 § 1; 1977 ex.s. c
361 § 96; 1965 c 9 § 29.62.090. Prior: (i) 1895 c 156 § 12;
Code 1881 § 3101; 1865 p 40 § 12; RRS § 5346. (ii) Code
1881 § 3103; 1865 p 41 § 14; RRS § 5348. Formerly RCW
29.62.090.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.60.250 Secretary of state—Final returns—
Scope. (Effective July 1, 2004.) As soon as the returns have
been received from all the counties of the state, but not later
than the thirtieth day after the election, the secretary of state
shall make a canvass of such of the returns as are not required
to be canvassed by the legislature and make out a statement
thereof, file it in his or her office, and transmit a certified
copy to the governor. [2003 c 111 § 1525; 1965 c 9 §
29.62.120. Prior: Code 1881 § 3100, part; No RRS. Formerly RCW 29.62.120.]
29A.60.260
29A.60.260 Canvass on statewide measures. (Effective July 1, 2004.) The votes on proposed amendments to the
state Constitution, recommendations for the calling of constitutional conventions and other questions submitted to the
people must be counted, canvassed, and returned by each
county canvassing board in the manner provided by law for
counting, canvassing, and returning votes for candidates for
state offices. The secretary of state shall, in the presence of
the governor, within thirty days after the election, canvass the
votes upon each question and certify to the governor the
result. The governor shall forthwith issue a proclamation
giving the whole number of votes cast in the state for and
against such measure and declaring the result. If the vote cast
upon an initiative or referendum measure is equal to less than
one-third of the total vote cast at the election, the governor
shall proclaim the measure to have failed. [2003 c 111 §
1526; 1965 c 9 § 29.62.130. Prior: (i) 1913 c 138 § 30; RRS
§ 5426. (ii) 1917 c 23 § 1; RRS § 5341. Formerly RCW
29.62.130.]
Chapter 29A.64
Chapter 29A.64 RCW
RECOUNTS
Sections
29A.64.010 Application—Requirements—Application of chapter. (Effective July 1, 2004.)
29A.64.020 Mandatory. (Effective July 1, 2004.)
29A.64.030 Deposit of fees—Notice—Public proceeding. (Effective July
1, 2004.)
29A.64.040 Procedure—Observers—Request to stop. (Effective July 1,
2004.)
29A.64.050 Partial recount requiring complete recount. (Effective July 1,
2004.)
29A.64.060 Amended abstracts. (Effective July 1, 2004.)
29A.64.070 Limitation. (Effective July 1, 2004.)
29A.64.080 Expenses—Charges. (Effective July 1, 2004.)
29A.64.090 Statewide measures—When mandatory—Cost at state
expense. (Effective July 1, 2004.)
29A.64.100 Statewide measures—Funds for additional expenses. (Effective July 1, 2004.)
29A.60.240
29A.60.240 Secretary of state—Primary returns—
State offices, etc. (Effective July 1, 2004.) The secretary of
state shall, as soon as possible but in any event not later than
the third Tuesday following the primary, canvass and certify
the returns of all primary elections as to candidates for state
offices, United States senators and representatives in Congress, and all other candidates whose district extends beyond
the limits of a single county. [2003 c 111 § 1524; 1977 ex.s.
c 361 § 97; 1965 c 9 § 29.62.100. Prior: 1961 c 130 § 11;
prior: 1907 c 209 § 24, part; RRS § 5201, part. Formerly
RCW 29.62.100.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
[2003 RCW Supp—page 372]
29A.64.010
29A.64.010 Application—Requirements—Application of chapter. (Effective July 1, 2004.) An officer of a
political party or any person for whom votes were cast in a
primary who was not declared nominated may file a written
application for a recount of the votes or a portion of the votes
cast at that primary for all persons for whom votes were cast
for nomination to that office.
An officer of a political party or any person for whom
votes were cast at any election may file a written application
for a recount of the votes or a portion of the votes cast at that
election for all candidates for election to that office.
Any group of five or more registered voters may file a
written application for a recount of the votes or a portion of
Recounts
the votes cast upon any question or issue. They shall designate one of the members of the group as chair and shall indicate the voting residence of each member of the group.
An application for a recount of the votes cast for an
office or on a ballot measure must be filed with the officer
with whom filings are made for the jurisdiction.
An application for a recount must specify whether the
recount will be done manually or by the vote tally system. A
recount done by the vote tally system must use programming
that recounts and reports only the office or ballot measure in
question. The county shall also provide for a test of the logic
and accuracy of that program.
An application for a recount must be filed within three
business days after the county canvassing board or secretary
of state has declared the official results of the primary or election for the office or issue for which the recount is requested.
This chapter applies to the recounting of votes cast by
paper ballots and to the recounting of votes recorded on ballots counted by a vote tally system. [2003 c 111 § 1601; 2001
c 225 § 3; 1987 c 54 § 3; 1977 ex.s. c 361 § 98; 1965 c 9 §
29.64.010. Prior: 1963 ex.s. c 25 § 1; 1961 c 50 § 1; 1955 c
215 § 1. Formerly RCW 29.64.010.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.64.020
29A.64.020 Mandatory. (Effective July 1, 2004.) (1)
If the official canvass of all of the returns for any office at any
primary or election reveals that the difference in the number
of votes cast for a candidate apparently nominated or elected
to any office and the number of votes cast for the closest
apparently defeated opponent is less than two thousand votes
and also less than one-half of one percent of the total number
of votes cast for both candidates, the county canvassing board
shall conduct a recount of all votes cast on that position.
(a) Whenever such a difference occurs in the number of
votes cast for candidates for a position the declaration of candidacy for which was filed with the secretary of state, the secretary of state shall, within three business days of the day that
the returns of the primary or election are first certified by the
canvassing boards of those counties, direct those boards to
recount all votes cast on the position.
(b) If the difference in the number of votes cast for the
apparent winner and the closest apparently defeated opponent
is less than one hundred fifty votes and also less than onefourth of one percent of the total number of votes cast for
both candidates, the votes shall be recounted manually or as
provided in subsection (3) of this section.
(2) A mandatory recount shall be conducted in the manner provided by RCW 29A.64.030, 29A.64.040, and
29A.64.060. No cost of a mandatory recount may be charged
to any candidate.
(3) The apparent winner and closest apparently defeated
opponent for an office for which a manual recount is required
under subsection (1)(b) of this section may select an alternative method of conducting the recount. To select such an
alternative, the two candidates shall agree to the alternative in
a signed, written statement filed with the election official for
the office. The recount shall be conducted using the alternative method if: It is suited to the balloting system that was
used for casting the votes for the office; it involves the use of
a vote tallying system that is approved for use in this state by
29A.64.030
the secretary of state; and the vote tallying system is readily
available in each county required to conduct the recount. If
more than one balloting system was used in casting votes for
the office, an alternative to a manual recount may be selected
for each system. [2003 c 111 § 1602. Prior: 2001 c 225 § 4;
1993 c 377 § 1; 1991 c 90 § 2; 1987 c 54 § 4; 1965 c 9 §
29.64.015; prior: 1963 ex.s. c 25 § 2. Formerly RCW
29.64.015.]
Finding, purpose—1991 c 90: "The legislature finds that it is in the
public interest to determine the winner of close contests for elective offices
as expeditiously and as accurately as possible. It is the purpose of this act to
provide procedures which promote the prompt and accurate recounting of
votes for elective offices and which provide closure to the recount process."
[1991 c 90 § 1.]
29A.64.030
29A.64.030 Deposit of fees—Notice—Public proceeding. (Effective July 1, 2004.) An application for a
recount shall state the office for which a recount is requested
and whether the request is for all or only a portion of the votes
cast in that jurisdiction of that office. The person filing an
application for a manual recount shall, at the same time,
deposit with the county canvassing board or secretary of
state, in cash or by certified check, a sum equal to twenty-five
cents for each ballot cast in the jurisdiction or portion of the
jurisdiction for which the recount is requested as security for
the payment of any costs of conducting the recount. If the
application is for a machine recount, the deposit must be
equal to fifteen cents for each ballot. These charges shall be
determined by the county canvassing board or boards under
RCW 29A.64.080.
The county canvassing board shall determine a time and
a place or places at which the recount will be conducted. This
time shall be less than three business days after the day upon
which: The application was filed with the board; the request
for a recount or directive ordering a recount was received by
the board from the secretary of state; or the returns are certified which indicate that a recount is required under RCW
29A.64.020 for an issue or office voted upon only within the
county. Not less than two days before the date of the recount,
the county auditor shall mail a notice of the time and place of
the recount to the applicant or affected parties and, if the
recount involves an office, to any person for whom votes
were cast for that office. The county auditor shall also notify
the affected parties by either telephone, fax, e-mail, or other
electronic means at the time of mailing. At least three
attempts must be made over a two-day period to notify the
affected parties or until the affected parties have received the
notification. Each attempt to notify affected parties must
request a return response indicating that the notice has been
received. Each person entitled to receive notice of the
recount may attend, witness the recount, and be accompanied
by counsel.
Proceedings of the canvassing board are public under
chapter 42.30 RCW. Subject to reasonable and equitable
guidelines adopted by the canvassing board, all interested
persons may attend and witness a recount. [2003 c 111 §
1603. Prior: 2001 c 225 § 5; 1991 c 81 § 36; 1987 c 54 § 5;
1977 ex.s. c 361 § 99; 1965 c 9 § 29.64.020; prior: 1961 c 50
§ 2; 1955 c 215 § 2. Formerly RCW 29.64.020.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
[2003 RCW Supp—page 373]
29A.64.040
Title 29A RCW: Elections
29A.64.040
29A.64.040 Procedure—Observers—Request to
stop. (Effective July 1, 2004.) (1) At the time and place
established for a recount, the canvassing board or its duly
authorized representatives, in the presence of all witnesses
who may be in attendance, shall open the sealed containers
containing the ballots to be recounted, and shall recount the
votes for the offices or issues for which the recount has been
ordered. Ballots shall be handled only by the members of the
canvassing board or their duly authorized representatives.
Witnesses shall be permitted to observe the ballots and
the process of tabulating the votes, but they shall not be permitted to handle the ballots. The canvassing board shall not
permit the tabulation of votes for any nomination, election, or
issue other than the ones for which a recount was applied for
or required.
(2) At any time before the ballots from all of the precincts listed in the application for the recount have been
recounted, the applicant may file with the board a written
request to stop the recount.
(3) The recount may be observed by persons representing the candidates affected by the recount or the persons representing both sides of an issue that is being recounted. The
observers may not make a record of the names, addresses, or
other information on the ballots, poll books, or applications
for absentee ballots unless authorized by the superior court.
The secretary of state or county auditor may limit the number
of observers to not less than two on each side if, in his or her
opinion, a greater number would cause undue delay or disruption of the recount process. [2003 c 111 § 1604. Prior:
2001 c 225 § 6; 1991 c 81 § 37; 1990 c 59 § 65; 1965 c 9 §
29.64.030; prior: 1961 c 50 § 3; 1955 c 215 § 3. Formerly
RCW 29.64.030.]
abstracts and shall file an amended abstract with the original
results of that election. An amended abstract certified under
this section supersedes any prior abstract of the results for the
same offices or issues at the same primary or election. [2003
c 111 § 1606. Prior: 2001 c 225 § 8; 1990 c 59 § 66; 1965 c
9 § 29.64.040; prior: 1955 c 215 § 4. Formerly RCW
29.64.040.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.64.070
29A.64.070 Limitation. (Effective July 1, 2004.) After
the original count, canvass, and certification of results, the
votes cast in any single precinct may not be recounted and the
results recertified more than twice. [2003 c 111 § 1607.
Prior: 2001 c 225 § 9; 1991 c 90 § 3. Formerly RCW
29.64.051.]
Finding, purpose—1991 c 90: See note following RCW 29A.64.020.
29A.64.080
Effective date—1991 c 81: See note following RCW 29A.84.540
29A.64.080 Expenses—Charges. (Effective July 1,
2004.) The canvassing board shall determine the expenses
for conducting a recount of votes.
The cost of the recount shall be deducted from the
amount deposited by the applicant for the recount at the time
of filing the request for the recount, and the balance shall be
returned to the applicant. If the costs of the recount exceed
the deposit, the applicant shall pay the difference. No
charges may be deducted by the canvassing board from the
deposit for a recount if the recount changes the result of the
nomination or election for which the recount was ordered.
[2003 c 111 § 1608. Prior: 2001 c 225 § 10; 1990 c 59 § 68;
1977 ex.s. c 361 § 100; 1965 c 9 § 29.64.060; prior: 1955 c
215 § 6. Formerly RCW 29.64.060.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.64.050
29A.64.050 Partial recount requiring complete
recount. (Effective July 1, 2004.) When a partial recount of
votes cast for an office or issue changes the result of the election, the canvassing board or the secretary of state, if the
office or issue is being recounted at his or her direction, shall
order a complete recount of all ballots cast for the office or
issue for the jurisdiction in question.
This recount will be conducted in a manner consistent
with RCW 29A.64.020. [2003 c 111 § 1605. Prior: 2001 c
225 § 7. Formerly RCW 29.64.035.]
29A.64.060
29A.64.060 Amended abstracts. (Effective July 1,
2004.) Upon completion of the canvass of a recount, the canvassing board shall prepare and certify an amended abstract
showing the votes cast in each precinct for which the recount
was conducted. Copies of the amended abstracts must be
transmitted to the same officers who received the abstract on
which the recount was based.
If the nomination, election, or issue for which the
recount was conducted was submitted only to the voters of a
county, the canvassing board shall file the amended abstract
with the original results of that election or primary.
If the nomination, election, or issue for which a recount
was conducted was submitted to the voters of more than one
county, the secretary of state shall canvass the amended
[2003 RCW Supp—page 374]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.64.090
29A.64.090 Statewide measures—When mandatory—Cost at state expense. (Effective July 1, 2004.)
When the official canvass of returns of any election reveals
that the difference in the number of votes cast for the
approval of a statewide measure and the number of votes cast
for the rejection of such measure is less than two thousand
votes and also less than one-half of one percent of the total
number of votes cast on such measure, the secretary of state
shall direct that a recount of all votes cast on such measure be
made on such measure, in the manner provided by RCW
29A.64.040 and 29A.64.060, and the cost of such recount
will be at state expense. [2003 c 111 § 1609. Prior: 2001 c
225 § 11; 1973 c 82 § 1. Formerly RCW 29.64.080.]
29A.64.100
29A.64.100 Statewide measures—Funds for additional expenses. (Effective July 1, 2004.) Each county auditor shall file with the secretary of state a statement listing
only the additional expenses incurred whenever a mandatory
recount of the votes cast on a state measure is made as provided in RCW 29A.64.090. The secretary of state shall
include in his or her biennial budget request a provision for
sufficient funds to carry out the provisions of this section.
Payments hereunder shall be from appropriations specifically
Contesting an Election
provided for such purpose by law. [2003 c 111 § 1610; 1977
ex.s. c 144 § 5; 1973 c 82 § 2. Formerly RCW 29.64.090.]
Chapter 29A.68
Chapter 29A.68 RCW
CONTESTING AN ELECTION
Sections
29A.68.010 Prevention and correction of election frauds and errors.
(Effective July 1, 2004.)
29A.68.020 Commencement by registered voter—Causes for. (Effective
July 1, 2004.)
29A.68.030 Affidavit of error or omission—Time for filing—Contents—
Witnesses. (Effective July 1, 2004.)
29A.68.040 Hearing date—Issuance of citation—Service. (Effective July
1, 2004.)
29A.68.050 Witnesses to attend—Hearing of contest—Judgment. (Effective July 1, 2004.)
29A.68.060 Costs, how awarded. (Effective July 1, 2004.)
29A.68.070 Misconduct of board—Irregularity material to result. (Effective July 1, 2004.)
29A.68.080 Misconduct of board—Number of votes affected—Enough to
change result. (Effective July 1, 2004.)
29A.68.090 Illegal votes—Allegation of. (Effective July 1, 2004.)
29A.68.100 Illegal votes—List required for testimony. (Effective July 1,
2004.)
29A.68.110 Illegal votes—Number of votes affected—Enough to change
result. (Effective July 1, 2004.)
29A.68.120 Election set aside—Appeal period. (Effective July 1, 2004.)
29A.68.010
29A.68.010 Prevention and correction of election
frauds and errors. (Effective July 1, 2004.) Any justice of
the supreme court, judge of the court of appeals, or judge of
the superior court in the proper county shall, by order, require
any person charged with error, wrongful act, or neglect to
forthwith correct the error, desist from the wrongful act, or
perform the duty and to do as the court orders or to show
cause forthwith why the error should not be corrected, the
wrongful act desisted from, or the duty or order not performed, whenever it is made to appear to such justice or judge
by affidavit of an elector that:
(1) An error or omission has occurred or is about to occur
in printing the name of any candidate on official ballots; or
(2) An error other than as provided in subsections (1) and
(3) of this section has been committed or is about to be committed in printing the ballots; or
(3) The name of any person has been or is about to be
wrongfully placed upon the ballots; or
(4) A wrongful act other than as provided for in subsections (1) and (3) of this section has been performed or is about
to be performed by any election officer; or
(5) Any neglect of duty on the part of an election officer
other than as provided for in subsections (1) and (3) of this
section has occurred or is about to occur; or
(6) An error or omission has occurred or is about to occur
in the issuance of a certificate of election.
An affidavit of an elector under subsections (1) and (3)
above when relating to a primary election must be filed with
the appropriate court no later than the second Friday following the closing of the filing period for nominations for such
office and shall be heard and finally disposed of by the court
not later than five days after the filing thereof. An affidavit
of an elector under subsections (1) and (3) of this section
when relating to a general election must be filed with the
appropriate court no later than three days following the official certification of the primary election returns and shall be
heard and finally disposed of by the court not later than five
29A.68.030
days after the filing thereof. An affidavit of an elector under
subsection (6) of this section shall be filed with the appropriate court no later than ten days following the issuance of a
certificate of election. [2003 c 111 § 1701. Prior: 1977 ex.s.
c 361 § 3; 1973 1st ex.s. c 165 § 1; 1971 c 81 § 74; 1965 c 9
§ 29.04.030; prior: (i) 1907 c 209 § 25, part; RRS § 5202,
part. (ii) 1889 p 407 § 19; RRS § 5276. Formerly RCW
29.04.030.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
Certiorari, mandamus, and prohibition: Chapter 7.16 RCW.
Crimes and penalties: Chapter 29A.84 RCW.
29A.68.020
29A.68.020 Commencement by registered voter—
Causes for. (Effective July 1, 2004.) Any registered voter
may contest the right of any person declared elected to an
office to be issued a certificate of election for any of the following causes:
(1) For misconduct on the part of any member of any
precinct election board involved therein;
(2) Because the person whose right is being contested
was not at the time the person was declared elected eligible to
that office;
(3) Because the person whose right is being contested
was previous to the election convicted of a felony by a court
of competent jurisdiction, the conviction not having been
reversed nor the person's civil rights restored after the conviction;
(4) Because the person whose right is being contested
gave a bribe or reward to a voter or to an inspector or judge of
election for the purpose of procuring the election, or offered
to do so;
(5) On account of illegal votes.
(a) Illegal votes include but are not limited to the following:
(i) More than one vote cast by a single voter;
(ii) A vote cast by a person disqualified under Article VI,
section 3 of the state Constitution.
(b) Illegal votes do not include votes cast by improperly
registered voters who were not properly challenged under
RCW 29A.08.810 and 29A.08.820.
All election contests must proceed under RCW
29A.68.010. [2003 c 111 § 1702; 1983 1st ex.s. c 30 § 6;
1977 ex.s. c 361 § 101; 1965 c 9 § 29.65.010. Prior: 1959 c
329 § 26; prior: (i) Code 1881 § 3105; 1865 p 42 § 1; RRS §
5366. (ii) Code 1881 § 3109; 1865 p 43 § 5; RRS § 5370.
Formerly RCW 29.65.010.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
Civil rights
loss of: State Constitution Art. 6 § 3, RCW 29A.08.520.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
29A.68.030
29A.68.030 Affidavit of error or omission—Time for
filing—Contents—Witnesses. (Effective July 1, 2004.) An
affidavit of an elector with respect to RCW 29A.68.010(6)
must be filed with the appropriate court no later than ten days
following the issuance of a certificate of election and must set
forth specifically:
[2003 RCW Supp—page 375]
29A.68.040
Title 29A RCW: Elections
(1) The name of the contestant and that he or she is a registered voter in the county, district or precinct, as the case
may be, in which the office is to be exercised;
(2) The name of the person whose right is being contested;
(3) The office;
(4) The particular causes of the contest.
No statement of contest may be dismissed for want of
form if the particular causes of contest are alleged with sufficient certainty. The person charged with the error or omission must be given the opportunity to call any witness,
including the candidate to whom he or she has issued or
intends to issue the certificate of election. [2003 c 111 §
1703; 1977 ex.s. c 361 § 102; 1965 c 9 § 29.65.020. Prior: (i)
Code 1881 § 3110; 1865 p 43 § 6; RRS § 5371. (ii) Code
1881 § 3112; 1865 p 44 § 8; RRS § 5373. Formerly RCW
29.65.020.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.68.040
29A.68.040 Hearing date—Issuance of citation—
Service. (Effective July 1, 2004.) Upon such affidavit being
filed, the clerk shall inform the judge of the appropriate court,
who may give notice, and order a session of the court to be
held at the usual place of holding the court, on some day to be
named by the judge, not less than ten nor more than twenty
days from the date of the notice, to hear and determine such
contested election. If no session is called for the purpose, the
contest must be determined at the first regular session of
court after the statement is filed.
The clerk of the court shall also at the time issue a citation for the person charged with the error or omission, to
appear at the time and place specified in the notice. The citation must be delivered to the sheriff and be served upon the
party in person; or if the person cannot be found, by leaving a
copy thereof at the house where the person last resided.
[2003 c 111 § 1704; 1977 ex.s. c 361 § 103; 1965 c 9 §
29.65.040. Prior: (i) Code 1881 § 3113; 1865 p 44 § 9; RRS
§ 5374. (ii) Code 1881 § 3114; 1865 p 45 § 10; RRS § 5375.
Formerly RCW 29.65.040.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.68.050
29A.68.050 Witnesses to attend—Hearing of contest—Judgment. (Effective July 1, 2004.) The clerk shall
issue subpoenas for witnesses in such contested election at
the request of either party, which shall be served by the sheriff or constable, as other subpoenas, and the superior court
shall have full power to issue attachments to compel the
attendance of witnesses who shall have been duly subpoenaed to attend if they fail to do so.
The court shall meet at the time and place designated to
determine such contested election by the rules of law and evidence governing the determination of questions of law and
fact, so far as the same may be applicable, and may dismiss
the proceedings if the statement of the cause or causes of contest is insufficient, or for want of prosecution. After hearing
the proofs and allegations of the parties, the court shall pronounce judgment in the premises, either confirming or annulling and setting aside such election, according to the law and
right of the case.
[2003 RCW Supp—page 376]
If in any such case it shall appear that another person
than the one returned has the highest number of legal votes,
said court shall declare such person duly elected. [2003 c 111
§ 1705. Prior: 1965 c 9 § 29.65.050; prior: (i) Code 1881 §
3115; 1865 p 45 § 11; RRS § 5376. (ii) Code 1881 § 3116;
1865 p 45 § 12; RRS § 5377. (iii) Code 1881 § 3117; 1865 p
45 § 13; RRS § 5378. FORMER PARTS OF SECTION: (i)
Code 1881 § 3119; 1865 p 45 § 15; RRS § 5379, now codified in RCW 29.65.055. (ii) Code 1881 § 3120; 1865 p 45 §
16; RRS § 5380, now codified in RCW 29.65.055. Formerly
RCW 29.65.050.]
29A.68.060
29A.68.060 Costs, how awarded. (Effective July 1,
2004.) If the proceedings are dismissed for insufficiency,
want of prosecution, or the election is by the court confirmed,
judgment shall be rendered against the party contesting such
election for costs, in favor of the party charged with error or
omission.
If such election is annulled and set aside, judgment for
costs shall be rendered against the party charged with the
error or omission and in favor of the party alleging the same.
[2003 c 111 § 1706. Prior: 1977 ex.s. c 361 § 104; 1965 c 9
§ 29.65.055; prior: (i) Code 1881 § 3119; 1865 p 45 § 15;
RRS § 5379; formerly RCW 29.65.050, part. (ii) Code 1881
§ 3120; 1865 p 45 § 16; RRS § 5380, formerly RCW
29.65.050, part. Formerly RCW 29.65.055.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.68.070
29A.68.070 Misconduct of board—Irregularity
material to result. (Effective July 1, 2004.) No irregularity
or improper conduct in the proceedings of any election board
or any member of the board amounts to such malconduct as
to annul or set aside any election unless the irregularity or
improper conduct was such as to procure the person whose
right to the office may be contested, to be declared duly
elected although the person did not receive the highest number of legal votes. [2003 c 111 § 1707; 1965 c 9 § 29.65.060.
Prior: Code 1881 § 3106; 1865 p 43 § 2; RRS § 5367. Formerly RCW 29.65.060.]
29A.68.080
29A.68.080 Misconduct of board—Number of votes
affected—Enough to change result. (Effective July 1,
2004.) When any election for an office exercised in and for a
county is contested on account of any malconduct on the part
of any election board, or any member thereof, the election
shall not be annulled and set aside upon any proof thereof,
unless the rejection of the vote of such precinct or precincts
will change the result as to such office in the remaining vote
of the county. [2003 c 111 § 1708. Prior: 1965 c 9 §
29.65.070; prior: Code 1881 § 3107; 1865 p 43 § 3; RRS §
5368. Formerly RCW 29.65.070.]
29A.68.090
29A.68.090 Illegal votes—Allegation of. (Effective
July 1, 2004.) When the reception of illegal votes is alleged
as a cause of contest, it is sufficient to state generally that illegal votes were cast, that, if given to the person whose election
is contested in the specified precinct or precincts, will, if
taken from that person, reduce the number of the person's
legal votes below the number of legal votes given to some
State Initiative and Referendum
other person for the same office. [2003 c 111 § 1709; 1965 c
9 § 29.65.080. Prior: Code 1881 § 3111, part; 1865 p 44 § 7,
part; RRS § 5372, part. Formerly RCW 29.65.080.]
29A.68.100
29A.68.100 Illegal votes—List required for testimony. (Effective July 1, 2004.) No testimony may be
received as to any illegal votes unless the party contesting the
election delivers to the opposite party, at least three days
before trial, a written list of the number of illegal votes and by
whom given, that the contesting party intends to prove at the
trial. No testimony may be received as to any illegal votes,
except as to such as are specified in the list. [2003 c 111 §
1710; 1965 c 9 § 29.65.090. Prior: Code 1881 § 3111, part;
1865 p 44 § 7, part; RRS § 5372, part. Formerly RCW
29.65.090.]
29A.68.110
2 9A .6 8 . 11 0 I ll eg a l v o t e s —Nu m be r of vo t e s
affected—Enough to change result. (Effective July 1,
2004.) No election may be set aside on account of illegal
votes, unless it appears that an amount of illegal votes has
been given to the person whose right is being contested, that,
if taken from that person, would reduce the number of the
person's legal votes below the number of votes given to some
other person for the same office, after deducting therefrom
the illegal votes that may be shown to have been given to the
other person. [2003 c 111 § 1711; 1965 c 9 § 29.65.100.
Prior: Code 1881 § 3108; 1865 p 43 § 4; RRS § 5369. Formerly RCW 29.65.100.]
29A.68.120
29A.68.120 Election set aside—Appeal period.
(Effective July 1, 2004.) If an election is set aside by the
judgment of the superior court and if no appeal is taken therefrom within ten days, the certificate issued shall be thereby
rendered void. [2003 c 111 § 1712; 1965 c 9 § 29.65.120.
Prior: Code 1881 § 3123, part; 1865 p 46 § 19, part; RRS §
5382, part. Formerly RCW 29.65.120.]
Chapter 29A.72 RCW
STATE INITIATIVE AND REFERENDUM
Chapter 29A.72
Sections
29A.72.010 Filing proposed measures with secretary of state. (Effective
July 1, 2004.)
29A.72.020 Review of proposed initiatives—Certificate required. (Effective July 1, 2004.)
29A.72.030 Time for filing various types. (Effective July 1, 2004.)
29A.72.040 Numbering—Transmittal to attorney general. (Effective July
1, 2004.)
29A.72.050 Ballot title—Formulation, ballot display. (Effective July 1,
2004.)
29A.72.060 Ballot title and summary by attorney general. (Effective July
1, 2004.)
29A.72.070 Ballot title and summary—Notice. (Effective July 1, 2004.)
29A.72.080 Ballot title and summary—Appeal to superior court. (Effective
July 1, 2004.)
29A.72.090 Ballot title and summary—Mailed to proponents and other
persons—Appearance on petitions. (Effective July 1, 2004.)
29A.72.100 Petitions—Paper—Size—Contents. (Effective July 1, 2004.)
29A.72.110 Petitions to legislature—Form. (Effective July 1, 2004.)
29A.72.120 Petitions to people—Form. (Effective July 1, 2004.)
29A.72.130 Referendum petitions—Form. (Effective July 1, 2004.)
29A.72.140 Warning statement—Further requirements. (Effective July 1,
2004.)
29A.72.150 Petitions—Signatures—Number necessary. (Effective July 1,
2004.)
29A.72.160 Petitions—Time for filing. (Effective July 1, 2004.)
29A.72.170 Petitions—Acceptance or rejection by secretary of state.
(Effective July 1, 2004.)
29A.72.020
29A.72.180 Petitions—Review of refusal to file. (Effective July 1, 2004.)
29A.72.190 Petitions—Appellate review. (Effective July 1, 2004.)
29A.72.200 Petitions—Destruction on final refusal. (Effective July 1,
2004.)
29A.72.210 Petitions—Consolidation into volumes. (Effective July 1,
2004.)
29A.72.220 Petitions—Signature checking—Registration information file.
(Effective July 1, 2004.)
29A.72.230 Petitions—Verification and canvass of signatures, observers—Statistical sampling—Initiatives to legislature, certification of. (Effective July 1, 2004.)
29A.72.240 Petitions to legislature—Count of signatures—Review.
(Effective July 1, 2004.)
29A.72.250 Initiatives and referenda to voters—Certificates of sufficiency.
(Effective July 1, 2004.)
29A.72.260 Rejected initiative to legislature treated as referendum bill.
(Effective July 1, 2004.)
29A.72.270 Substitute for rejected initiative treated as referendum bill.
(Effective July 1, 2004.)
29A.72.280 Substitute for rejected initiative—Concise description. (Effective July 1, 2004.)
29A.72.290 Printing ballot titles on ballots—Order and form. (Effective
July 1, 2004.)
29A.72.010
29A.72.010 Filing proposed measures with secretary
of state. (Effective July 1, 2004.) If any legal voter of the
state, either individually or on behalf of an organization,
desires to petition the legislature to enact a proposed measure, or submit a proposed initiative measure to the people, or
order that a referendum of all or part of any act, bill, or law,
passed by the legislature be submitted to the people, he or she
shall file with the secretary of state a legible copy of the measure proposed, or the act or part of such act on which a referendum is desired, accompanied by an affidavit that the sponsor is a legal voter and a filing fee prescribed under RCW
43.07.120. [2003 c 111 § 1802; 1982 c 116 § 1; 1965 c 9 §
29.79.010. Prior: 1913 c 138 § 1, part; RRS § 5397, part.
Formerly RCW 29.79.010.]
29A.72.020
29A.72.020 Review of proposed initiatives—Certificate required. (Effective July 1, 2004.) Upon receipt of a
proposed initiative measure, and before giving it a serial
number, the secretary of state shall submit a copy thereof to
the office of the code reviser and give notice to the sponsor of
such transmittal. Upon receipt of the measure, the assistant
code reviser to whom it has been assigned may confer with
the sponsor and shall within seven working days from its
receipt, review the proposal and recommend to the sponsor
such revision or alteration of the measure as may be deemed
necessary and appropriate. The recommendations of the code
reviser's office are advisory only, and the sponsor may accept
or reject them in whole or in part. The code reviser shall issue
a certificate of review certifying that he or she has reviewed
the measure and that any recommendations have been communicated to the sponsor. The certificate must be issued
whether or not the sponsor accepts such recommendations.
Within fifteen working days after notification of submittal of
the proposed measure to the code reviser's office, the sponsor, if he or she desires to proceed with sponsorship, shall file
the measure together with the certificate of review with the
secretary of state for assignment of a serial number, and the
secretary of state shall then submit to the code reviser's office
a certified copy of the measure filed. Upon submission of the
proposal to the secretary of state for assignment of a serial
number, the secretary of state shall refuse to make such
assignment unless the proposal is accompanied by a certifi[2003 RCW Supp—page 377]
29A.72.030
Title 29A RCW: Elections
29A.72.050
cate of review. [2003 c 111 § 1803; 1982 c 116 § 2; 1973 c
122 § 2. Formerly RCW 29.79.015.]
Legislative finding—1973 c 122: "The legislature finds that the initiative process reserving to the people the power to propose bills, laws and to
enact or reject the same at the polls, independent of the legislature, is finding
increased popularity with citizens of our state. The exercise of this power
concomitant with the power of the legislature requires coordination to avoid
the duplication and confusion of laws. This legislation is enacted especially
to facilitate the operation of the initiative process." [1973 c 122 § 1.]
29A.72.030
29A.72.030 Time for filing various types. (Effective
July 1, 2004.) Initiative measures proposed to be submitted
to the people must be filed with the secretary of state within
ten months prior to the election at which they are to be submitted, and the signature petitions must be filed with the secretary of state not less than four months before the next general statewide election.
Initiative measures proposed to be submitted to the legislature must be filed with the secretary of state within ten
months prior to the next regular session of the legislature at
which they are to be submitted, and the signature petitions
must be filed with the secretary of state not less than ten days
before such regular session of the legislature.
A referendum measure petition ordering that any act or
part of an act passed by the legislature be referred to the people must be filed with the secretary of state within ninety days
after the final adjournment of the legislative session at which
the act was passed. It may be submitted at the next general
statewide election or at a special election ordered by the legislature.
A proposed initiative or referendum measure may be
filed no earlier than the opening of the secretary of state's
office for business pursuant to RCW 42.04.060 on the first
day filings are permitted, and any initiative or referendum
petition must be filed not later than the close of business on
the last business day in the specified period for submission of
signatures. If a filing deadline falls on a Saturday, the office
of the secretary of state must be open for the transaction of
business under this section from 8:00 a.m. to 5:00 p.m. on
that Saturday. [2003 c 111 § 1804; 1987 c 161 § 1; 1965 c 9
§ 29.79.020. Prior: (i) 1913 c 138 § 1, part; RRS § 5397,
part. (ii) 1913 c 138 § 6, part; RRS § 5402, part. (iii) 1913 c
138 § 5, part; RRS § 5401, part. (iv) 1913 c 138 § 7, part;
RRS § 5403, part. Formerly RCW 29.79.020.]
Initiative, referendum, time for filing: State Constitution Art. 2 § 1 (a) and
(d) (Amendment 7).
Petitions—Time for filing: RCW 29A.72.160.
29A.72.050 Ballot title—Formulation, ballot display.
(Effective July 1, 2004.) (1) The ballot title for an initiative
to the people, an initiative to the legislature, a referendum
bill, or a referendum measure consists of: (a) A statement of
the subject of the measure; (b) a concise description of the
measure; and (c) a question in the form prescribed in this section for the ballot measure in question. The statement of the
subject of a measure must be sufficiently broad to reflect the
subject of the measure, sufficiently precise to give notice of
the measure's subject matter, and not exceed ten words. The
concise description must contain no more than thirty words,
be a true and impartial description of the measure's essential
contents, clearly identify the proposition to be voted on, and
not, to the extent reasonably possible, create prejudice either
for or against the measure.
(2) For an initiative to the people, or for an initiative to
the legislature for which the legislature has not proposed an
alternative, the ballot title must be displayed on the ballot
substantially as follows:
"Initiative Measure No. . . . concerns (statement of
subject). This measure would (concise description).
Should this measure be enacted into law?
Yes
No
................................. â
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . â"
(3) For an initiative to the legislature for which the legislature has proposed an alternative, the ballot title must be displayed on the ballot substantially as follows:
"Initiative Measure Nos. . . . and . . .B concern
(statement of subject).
Initiative Measure No. . . . would (concise description).
As an alternative, the legislature has proposed Initiative Measure No. . . .B, which would (concise
description).
1. Should either of these measures be enacted into
law?
Yes
No
................................. â
................................. â
2. Regardless of whether you voted yes or no above,
if one of these measures is enacted, which one
should it be?
29A.72.040
29A.72.040 Numbering—Transmittal to attorney
general. (Effective July 1, 2004.) The secretary of state
shall give a serial number to each initiative, referendum bill,
or referendum measure, using a separate series for initiatives
to the legislature, initiatives to the people, referendum bills,
and referendum measures, and forthwith transmit one copy of
the measure proposed bearing its serial number to the attorney general. Thereafter a measure shall be known and designated on all petitions, ballots, and proceedings as "Initiative
Measure No. . . . .," "Referendum Bill No. . . . . .," or "Referendum Measure No. . . . .." [2003 c 111 § 1805; 1982 c 116
§ 3; 1965 c 9 § 29.79.030. Prior: 1913 c 138 § 1, part; RRS
§ 5397, part. Formerly RCW 29.79.030.]
[2003 RCW Supp—page 378]
Measure No.
or
Measure No.
.......................... â
. . . . . . . . . . . . . . . . . . . . . . . . . . â"
(4) For a referendum bill submitted to the people by the
legislature, the ballot issue must be displayed on the ballot
substantially as follows:
"The legislature has passed . . . . Bill No. . . . concerning (statement of subject). This bill would (concise description). Should this bill be:
Approved
Rejected
............................ â
. . . . . . . . . . . . . . . . . . . . . . . . . . . . â"
State Initiative and Referendum
29A.72.100
(5) For a referendum measure by state voters on a bill the
legislature has passed, the ballot issue must be displayed on
the ballot substantially as follows:
§ 1808. Prior: 2000 c 197 § 3; 1982 c 116 § 5; 1973 1st ex.s.
c 118 § 3; 1965 c 9 § 29.79.050; prior: 1913 c 138 § 3, part;
RRS § 5399, part. Formerly RCW 29.79.050.]
"The legislature passed . . . Bill No. . . . concerning
(statement of subject) and voters have filed a sufficient referendum petition on this bill. This bill
would (concise description). Should this bill be:
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
Approved
Rejected
............................ â
. . . . . . . . . . . . . . . . . . . . . . . . . . . . â"
(6) The legislature may specify the statement of subject
or concise description, or both, in a referendum bill that it
refers to the people. The legislature may specify the concise
description for an alternative it submits for an initiative to the
legislature. If the legislature fails to specify these matters, the
attorney general shall prepare the material that was not specified. The statement of subject and concise description as so
provided must be included as part of the ballot title unless
changed on appeal.
The attorney general shall specify the statement of subject and concise description for an initiative to the people, an
initiative to the legislature, and a referendum measure. The
statement of subject and concise description as so provided
must be included as part of the ballot title unless changed on
appeal. [2003 c 111 § 1806. Prior: 2000 c 197 § 1. Formerly
RCW 29.79.035.]
Part headings not law—2000 c 197: "Part headings used in this act are
not part of the law." [2000 c 197 § 17.]
29A.72.060
29A.72.060 Ballot title and summary by attorney
general. (Effective July 1, 2004.) Within five days after the
receipt of an initiative or referendum the attorney general
shall formulate the ballot title, or portion of the ballot title
that the legislature has not provided, required by RCW
29A.72.050 and a summary of the measure, not to exceed
seventy-five words, and transmit the serial number for the
measure, complete ballot title, and summary to the secretary
of state. Saturdays, Sundays, and legal holidays are not
counted in calculating the time limits in this section. [2003 c
111 § 1807. Prior: 2000 c 197 § 2; 1993 c 256 § 9; 1982 c
116 § 4; 1973 1st ex.s. c 118 § 2; 1965 c 9 § 29.79.040; prior:
1953 c 242 § 2; 1913 c 138 § 2; RRS § 5398. Formerly RCW
29.79.040.]
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
Severability—Effective date—1993 c 256: See notes following RCW
29A.84.280.
Ballot titles to other state and local measures: RCW 29A.36.020 through
29A.36.090.
29A.72.070
29A.72.070 Ballot title and summary—Notice.
(Effective July 1, 2004.) Upon the filing of the ballot title
and summary for a state initiative or referendum measure in
the office of secretary of state, the secretary of state shall
notify by telephone and by mail, and, if requested, by other
electronic means, the person proposing the measure, the
prime sponsor of a referendum bill or alternative to an initiative to the legislature, the chief clerk of the house of representatives, the secretary of the senate, and any other individuals
who have made written request for such notification of the
exact language of the ballot title and summary. [2003 c 111
29A.72.080
29A.72.080 Ballot title and summary—Appeal to
superior court. (Effective July 1, 2004.) Any persons,
including the attorney general or either or both houses of the
legislature, dissatisfied with the ballot title or summary for a
state initiative or referendum may, within five days from the
filing of the ballot title in the office of the secretary of state
appeal to the superior court of Thurston county by petition
setting forth the measure, the ballot title or summary, and
their objections to the ballot title or summary and requesting
amendment of the ballot title or summary by the court. Saturdays, Sundays, and legal holidays are not counted in calculating the time limits contained in this section.
A copy of the petition on appeal together with a notice
that an appeal has been taken shall be served upon the secretary of state, upon the attorney general, and upon the person
proposing the measure if the appeal is initiated by someone
other than that person. Upon the filing of the petition on
appeal or at the time to which the hearing may be adjourned
by consent of the appellant, the court shall accord first priority to examining the proposed measure, the ballot title or
summary, and the objections to that ballot title or summary,
may hear arguments, and shall, within five days, render its
decision and file with the secretary of state a certified copy of
such ballot title or summary as it determines will meet the
requirements of RCW 29A.72.060. The decision of the superior court shall be final. Such appeal shall be heard without
costs to either party. [2003 c 111 § 1809. Prior: 2000 c 197
§ 4; 1982 c 116 § 6; 1965 c 9 § 29.79.060; prior: 1913 c 138
§ 3, part; RRS § 5399, part. Formerly RCW 29.79.060.]
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.72.090
29A.72.090 Ballot title and summary—Mailed to
proponents and other persons—Appearance on petitions.
(Effective July 1, 2004.) When the ballot title and summary
are finally established, the secretary of state shall file the
instrument establishing it with the proposed measure and
transmit a copy thereof by mail to the person proposing the
measure, the chief clerk of the house of representatives, the
secretary of the senate, and to any other individuals who have
made written request for such notification. Thereafter such
ballot title shall be the title of the measure in all petitions, ballots, and other proceedings in relation thereto. The summary
shall appear on all petitions directly following the ballot title.
[2003 c 111 § 1810. Prior: 2000 c 197 § 5; 1982 c 116 § 7;
1965 c 9 § 29.79.070; prior: 1913 c 138 § 4, part; RRS §
5400, part. Formerly RCW 29.79.070.]
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.72.100
29A.72.100 Petitions—Paper—Size—Contents.
(Effective July 1, 2004.) The person proposing the measure
shall print blank petitions upon single sheets of paper of good
writing quality (including but not limited to newsprint) not
less than eleven inches in width and not less than fourteen
[2003 RCW Supp—page 379]
29A.72.110
Title 29A RCW: Elections
inches in length. Each petition at the time of circulating,
signing, and filing with the secretary of state must consist of
not more than one sheet with numbered lines for not more
than twenty signatures, with the prescribed warning and title,
be in the form required by RCW 29A.72.110, 29A.72.120, or
29A.72.130, and have a readable, full, true, and correct copy
of the proposed measure printed on the reverse side of the
petition. [2003 c 111 § 1811; 1982 c 116 § 8; 1973 1st ex.s.
c 118 § 4; 1965 c 9 § 29.79.080. Prior: (i) 1913 c 138 § 4,
part; RRS § 5400, part. (ii) 1913 c 138 § 9; RRS § 5405. Formerly RCW 29.79.080.]
29A.72.110
29A.72.110 Petitions to legislature—Form. (Effective July 1, 2004.) Petitions for proposing measures for submission to the legislature at its next regular session must be
substantially in the following form:
The warning prescribed by RCW 29A.72.140; followed
by:
INITIATIVE PETITION FOR SUBMISSION TO
THE LEGISLATURE
To the Honorable . . . . . ., Secretary of State of the State of
Washington:
We, the undersigned citizens and legal voters of the State
of Washington, respectfully direct that this petition and the
proposed measure known as Initiative Measure No. . . . . and
entitled (here set forth the established ballot title of the measure), a full, true, and correct copy of which is printed on the
reverse side of this petition, be transmitted to the legislature
of the State of Washington at its next ensuing regular session,
and we respectfully petition the legislature to enact said proposed measure into law; and each of us for himself or herself
says: I have personally signed this petition; I am a legal voter
of the State of Washington in the city (or town) and county
written after my name, my residence address is correctly
stated, and I have knowingly signed this petition only once.
The petition must include a place for each petitioner to
sign and print his or her name, and the address, city, and
county at which he or she is registered to vote. [2003 c 111 §
1812; 1982 c 116 § 9; 1965 c 9 § 29.79.090. Prior: 1913 c
138 § 5, part; RRS § 5401, part. Formerly RCW 29.79.090]
29A.72.120
29A.72.120 Petitions to people—Form. (Effective
July 1, 2004.) Petitions for proposing measures for submission to the people for their approval or rejection at the next
ensuing general election must be substantially in the following form:
The warning prescribed by RCW 29A.72.140; followed
by:
INITIATIVE PETITION FOR SUBMISSION TO
THE PEOPLE
To the Honorable . . . . . ., Secretary of State of the State of
Washington:
We, the undersigned citizens and legal voters of the State
of Washington, respectfully direct that the proposed measure
known as Initiative Measure No. . . . ., entitled (here insert
the established ballot title of the measure), a full, true and
correct copy of which is printed on the reverse side of this
[2003 RCW Supp—page 380]
petition, be submitted to the legal voters of the State of Washington for their approval or rejection at the general election to
be held on the . . . . . day of November, (year); and each of us
for himself or herself says: I have personally signed this petition; I am a legal voter of the State of Washington, in the city
(or town) and county written after my name, my residence
address is correctly stated, and I have knowingly signed this
petition only once.
The petition must include a place for each petitioner to
sign and print his or her name, and the address, city, and
county at which he or she is registered to vote. [2003 c 111 §
1813; 1982 c 116 § 10; 1965 c 9 § 29.79.100. Prior: 1913 c
138 § 6, part; RRS § 5402, part. Formerly RCW 29.79.100.]
29A.72.130
29A.72.130 Referendum petitions—Form. (Effective
July 1, 2004.) Petitions ordering that acts or parts of acts
passed by the legislature be referred to the people at the next
ensuing general election, or special election ordered by the
legislature, must be substantially in the following form:
The warning prescribed by RCW 29A.72.140; followed by:
PETITION FOR REFERENDUM
To the Honorable . . . . . ., Secretary of State of the State of
Washington:
We, the undersigned citizens and legal voters of the State
of Washington, respectfully order and direct that Referendum
Measure No. . . . . ., filed to revoke a (or part or parts of a) bill
that (concise statement required by RCW 29A.36.070) and
that was passed by the . . . . . . legislature of the State of
Washington at the last regular (special) session of said legislature, shall be referred to the people of the state for their
approval or rejection at the regular (special) election to be
held on the . . . . day of November, (year); and each of us for
himself or herself says: I have personally signed this petition;
I am a legal voter of the State of Washington, in the city (or
town) and county written after my name, my residence
address is correctly stated, and I have knowingly signed this
petition only once.
The petition must include a place for each petitioner to
sign and print his or her name, and the address, city, and
county at which he or she is registered to vote. [2003 c 111 §
1814; 1993 c 256 § 10; 1982 c 116 § 11; 1965 c 9 §
29.79.110. Prior: 1913 c 138 § 7, part; RRS § 5403, part.
Formerly RCW 29.79.110.]
Severability—Effective date—1993 c 256: See notes following RCW
29A.84.280.
29A.72.140
29A.72.140 Warning statement—Further requirements. (Effective July 1, 2004.) The word "warning" and
the following warning statement regarding signing petitions
must appear on petitions as prescribed by this title and must
be printed on each petition sheet such that they occupy not
less than four square inches of the front of the petition sheet.
State Initiative and Referendum
WARNING
Every person who signs this petition with any other than
his or her true name, knowingly signs more than one of these
petitions, signs this petition when he or she is not a legal
voter, or makes any false statement on this petition may be
punished by fine or imprisonment or both. [2003 c 111 §
1815; 1993 c 256 § 5. Formerly RCW 29.79.115.]
Severability—Effective date—1993 c 256: See notes following RCW
29A.84.280.
29A.72.200
(3) That the time within which the petition may be filed
has expired.
In case of such refusal, the secretary of state shall
endorse on the petition the word "submitted" and the date,
and retain the petition pending appeal.
If none of the grounds for refusal exists, the secretary of
state must accept and file the petition. [2003 c 111 § 1818;
1982 c 116 § 13; 1965 c 9 § 29.79.150. Prior: (i) 1913 c 138
§ 11, part; RRS § 5407, part. (ii) 1913 c 138 § 12, part; RRS
§ 5408, part. Formerly RCW 29.79.150.]
29A.72.150
29A.72.150 Petitions—Signatures—Number necessary. (Effective July 1, 2004.) When the person proposing
any initiative measure has obtained signatures of legal voters
equal to or exceeding eight percent of the votes cast for the
office of governor at the last regular gubernatorial election
prior to the submission of the signatures for verification, or
when the person or organization demanding any referendum
of an act or part of an act of the legislature has obtained a
number of signatures of legal voters equal to or exceeding
four percent of the votes cast for the office of governor at the
last regular gubernatorial election prior to the submission of
the signatures for verification, the petition containing the signatures may be submitted to the secretary of state for filing.
[2003 c 111 § 1816; 1982 c 116 § 12; 1965 c 9 § 29.79.120.
Prior: 1913 c 138 § 11, part; RRS § 5407, part. See also State
Constitution Art. 2 § 1A (Amendment 30), (L. 1955, p. 1860,
S.J.R. No. 4). Formerly RCW 29.79.120.]
29A.72.160
29A.72.160 Petitions—Time for filing. (Effective
July 1, 2004.) The time for submitting initiative or referendum petitions to the secretary of state for filing is as follows:
(1) A referendum petition ordering and directing that the
whole or some part or parts of an act passed by the legislature
be referred to the people for their approval or rejection at the
next ensuing general election or a special election ordered by
the legislature, must be submitted not more than ninety days
after the final adjournment of the session of the legislature
which passed the act;
(2) An initiative petition proposing a measure to be submitted to the people for their approval or rejection at the next
ensuing general election, must be submitted not less than four
months before the date of such election;
(3) An initiative petition proposing a measure to be submitted to the legislature at its next ensuing regular session
must be submitted not less than ten days before the commencement of the session. [2003 c 111 § 1817. Prior: 1965
c 9 § 29.79.140; prior: 1913 c 138 § 12, part; RRS § 5408,
part. Formerly RCW 29.79.140.]
Initiative, referendum, time for filing: State Constitution Art. 2 § 1 (a) and
(d) (Amendment 7).
Measures, petitions, time for filing various types: RCW 29A.72.030.
29A.72.170
29A.72.170 Petitions—Acceptance or rejection by
secretary of state. (Effective July 1, 2004.) The secretary of
state may refuse to file any initiative or referendum petition
being submitted upon any of the following grounds:
(1) That the petition does not contain the information
required by RCW 29A.72.110, 29A.72.120, or 29A.72.130.
(2) That the petition clearly bears insufficient signatures.
29A.72.180
29A.72.180 Petitions—Review of refusal to file.
(Effective July 1, 2004.) If the secretary of state refuses to
file an initiative or referendum petition when submitted for
filing, the persons submitting it for filing may, within ten
days after the refusal, apply to the superior court of Thurston
county for an order requiring the secretary of state to bring
the petitions before the court, and for a writ of mandate to
compel the secretary of state to file it. The application takes
precedence over other cases and matters and must be speedily
heard and determined.
If the court issues the citation, and determines that the
petition is legal in form and apparently contains the requisite
number of signatures and was submitted for filing within the
time prescribed in the Constitution, it shall issue its mandate
requiring the secretary of state to file it as of the date of submission for filing.
The decision of the superior court granting a writ of
mandate is final. [2003 c 111 § 1819; 1965 c 9 § 29.79.160.
Prior: 1913 c 138 § 13, part; RRS § 5409, part. Formerly
RCW 29.79.160.]
Initiative, referendum, time for filing: State Constitution Art. 2 § 1 (a) and
(d) (Amendment 7).
29A.72.190
29A.72.190 Petitions—Appellate review. (Effective
July 1, 2004.) The decision of the superior court refusing to
grant a writ of mandate may be reviewed by the supreme
court within five days after the decision of the superior court.
The review must be considered an emergency matter of public concern, and be heard and determined with all convenient
speed. If the supreme court decides that the petitions are
legal in form and apparently contain the requisite number of
signatures of legal voters, and were filed within the time prescribed in the Constitution, it shall issue its mandate directing
the secretary of state to file the petition as of the date of submission. [2003 c 111 § 1820; 1988 c 202 § 28; 1965 c 9 §
29.79.170. Prior: 1913 c 138 § 13, part; RRS § 5409, part.
Formerly RCW 29.79.170.]
Rules of court: Writ procedure superseded by RAP 2.1(b), 2.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
29A.72.200
29A.72.200 Petitions—Destruction on final refusal.
(Effective July 1, 2004.) If no appeal is taken from the
refusal of the secretary of state to file a petition within the
time prescribed, or if an appeal is taken and the secretary of
state is not required to file the petition by the mandate of
either the superior or the supreme court, the secretary of state
shall destroy it. [2003 c 111 § 1821. Prior: 1965 c 9 §
29.79.180; prior: 1913 c 138 § 13, part; RRS § 5409, part.
Formerly RCW 29.79.180.]
[2003 RCW Supp—page 381]
29A.72.210
Title 29A RCW: Elections
29A.72.210
29A.72.210 Petitions—Consolidation into volumes.
(Effective July 1, 2004.) If the secretary of state accepts and
files an initiative or referendum petition upon its being submitted for filing or if he or she is required to file it by the
court, he or she shall, in the presence of the person submitting
such petition for filing if he or she desires to be present,
arrange and assemble the sheets containing the signatures
into such volumes as will be most convenient for verification
and canvassing and shall consecutively number the volumes
and stamp the date of filing on each volume. [2003 c 111 §
1822. Prior: 1982 c 116 § 14; 1965 c 9 § 29.79.190; prior:
1913 c 138 § 14; RRS § 5410. Formerly RCW 29.79.190.]
29A.72.220
29A.72.220 Petitions—Signature checking—Registration information file. (Effective July 1, 2004.) The
cards required by RCW 29A.08.240 must be kept on file in
the office of the secretary of state in the manner that will be
most convenient for, and for the sole purpose of, checking
initiative and referendum petitions. The secretary may maintain an automated file of voter registration information for
any county or counties in lieu of filing or maintaining these
voter registration cards if the automated file includes all of
the information from the cards including, but not limited to, a
retrievable facsimile of the signature of each voter of that
county or counties. The automated file may be used only for
the purpose authorized for the use of the cards. [2003 c 111
§ 1801.]
29A.72.230
29A.72.230 Petitions—Verification and canvass of
signatures, observers—Statistical sampling—Initiatives
to legislature, certification of. (Effective July 1, 2004.)
Upon the filing of an initiative or referendum petition, the
secretary of state shall proceed to verify and canvass the
names of the legal voters on the petition. The verification and
canvass of signatures on the petition may be observed by persons representing the advocates and opponents of the proposed measure so long as they make no record of the names,
addresses, or other information on the petitions or related
records during the verification process except upon the order
of the superior court of Thurston county. The secretary of
state may limit the number of observers to not less than two
on each side, if in his or her opinion, a greater number would
cause undue delay or disruption of the verification process.
Any such limitation shall apply equally to both sides. The
secretary of state may use any statistical sampling techniques
for this verification and canvass which have been adopted by
rule as provided by chapter 34.05 RCW. No petition will be
rejected on the basis of any statistical method employed, and
no petition will be accepted on the basis of any statistical
method employed if such method indicates that the petition
contains fewer than the requisite number of signatures of
legal voters. If the secretary of state finds the same name
signed to more than one petition, he or she shall reject all but
the first such valid signature. For an initiative to the legislature, the secretary of state shall transmit a certified copy of
the proposed measure to the legislature at the opening of its
session and, as soon as the signatures on the petition have
been verified and canvassed, the secretary of state shall send
to the legislature a certificate of the facts relating to the filing,
verification, and canvass of the petition. [2003 c 111 § 1823.
Prior: 1993 c 368 § 1; 1982 c 116 § 15; 1977 ex.s. c 361 §
[2003 RCW Supp—page 382]
105; 1969 ex.s. c 107 § 1; 1965 c 9 § 29.79.200; prior: 1933
c 144 § 1; 1913 c 138 § 15; RRS § 5411. Formerly RCW
29.79.200.]
Effective date—1993 c 368: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 368 § 2.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.72.240
29A.72.240 Petitions to legislature—Count of signatures—Review. (Effective July 1, 2004.) Any citizen dissatisfied with the determination of the secretary of state that
an initiative or referendum petition contains or does not contain the requisite number of signatures of legal voters may,
within five days after such determination, apply to the superior court of Thurston county for a citation requiring the secretary of state to submit the petition to said court for examination, and for a writ of mandate compelling the certification
of the measure and petition, or for an injunction to prevent the
certification thereof to the legislature, as the case may be.
Such application and all proceedings had thereunder shall
take precedence over other cases and shall be speedily heard
and determined.
The decision of the superior court granting or refusing to
grant the writ of mandate or injunction may be reviewed by
the supreme court within five days after the decision of the
superior court, and if the supreme court decides that a writ of
mandate or injunction, as the case may be, should issue, it
shall issue the writ directed to the secretary of state; otherwise, it shall dismiss the proceedings. The clerk of the
supreme court shall forthwith notify the secretary of state of
the decision of the supreme court. [2003 c 111 § 1824. Prior:
1988 c 202 § 29; 1965 c 9 § 29.79.210; prior: 1913 c 138 §
17; RRS § 5413. Formerly RCW 29.79.210.]
Rules of court: Writ procedure superseded by RAP 2.1(b), 2.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
29A.72.250
29A.72.250 Initiatives and referenda to voters—Certificates of sufficiency. (Effective July 1, 2004.) If a referendum or initiative petition for submission of a measure to
the people is found sufficient, the secretary of state shall at
the time and in the manner that he or she certifies to the
county auditors of the various counties the names of candidates for state and district officers certify to each county auditor the serial numbers and ballot titles of the several initiative
and referendum measures to be voted upon at the next ensuing general election or special election ordered by the legislature. [2003 c 111 § 1825; 1965 c 9 § 29.79.230. Prior: 1913
c 138 § 19; RRS § 5415. Formerly RCW 29.79.230.]
29A.72.260
29A.72.260 Rejected initiative to legislature treated
as referendum bill. (Effective July 1, 2004.) Whenever any
measure proposed by initiative petition for submission to the
legislature is rejected by the legislature or the legislature
takes no action thereon before the end of the regular session
at which it is submitted, the secretary of state shall certify the
serial number and ballot title thereof to the county auditors
for printing on the ballots at the next ensuing general election
in like manner as initiative measures for submission to the
people are certified. [2003 c 111 § 1826. Prior: 1965 c 9 §
Redistricting
29A.76.010
Chapter 29A.76
29.79.270; prior: 1913 c 138 § 21; RRS § 5417. Formerly
RCW 29.79.270.]
Chapter 29A.76 RCW
REDISTRICTING
Sections
29A.72.270
29A.72.270 Substitute for rejected initiative treated
as referendum bill. (Effective July 1, 2004.) If the legislature, having rejected a measure submitted to it by initiative
petition, proposes a different measure dealing with the same
subject, the secretary of state shall give that measure the same
number as that borne by the initiative measure followed by
the letter "B." Such measure so designated as "Alternative
Measure No. . . . . B," together with the ballot title thereof,
when ascertained, shall be certified by the secretary of state
to the county auditors for printing on the ballots for submission to the voters for their approval or rejection in like manner as initiative measures for submission to the people are
certified. [2003 c 111 § 1827. Prior: 1965 c 9 § 29.79.280;
prior: 1913 c 138 § 22, part; RRS § 5418, part. Formerly
RCW 29.79.280.]
29A.72.280
29A.72.280 Substitute for rejected initiative—Concise description. (Effective July 1, 2004.) For a measure
designated as "Alternative Measure No. . . . . B," the secretary of state shall obtain from the measure adopting the alternative, or otherwise the attorney general, a concise description of the alternative measure that differs from the concise
description of the original initiative and indicates as clearly
as possible the essential differences between the two measures. [2003 c 111 § 1828. Prior: 2000 c 197 § 6; 1965 c 9
§ 29.79.290; prior: 1913 c 138 § 22, part; RRS § 5418, part.
Formerly RCW 29.79.290.]
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.72.290
29A.72.290 Printing ballot titles on ballots—Order
and form. (Effective July 1, 2004.) The county auditor of
each county shall print on the official ballots for the election
at which initiative and referendum measures are to be submitted to the people for their approval or rejection, the serial
numbers and ballot titles certified by the secretary of state.
They must appear under separate headings in the order of the
serial numbers as follows:
(1) Measures proposed for submission to the people by
initiative petition will be under the heading, "Proposed by
Initiative Petition";
(2) Bills passed by the legislature and ordered referred to
the people by referendum petition will be under the heading,
"Passed by the Legislature and Ordered Referred by Petition";
(3) Bills passed and referred to the people by the legislature will be under the heading, "Proposed to the People by the
Legislature";
(4) Measures proposed to the legislature and rejected or
not acted upon will be under the heading, "Proposed to the
Legislature and Referred to the People";
(5) Measures proposed to the legislature and alternative
measures passed by the legislature in lieu thereof will be
under the heading, "Initiated by Petition and Alternative by
Legislature." [2003 c 111 § 1829; 1965 c 9 § 29.79.300.
Prior: 1913 c 138 § 23; RRS § 5419. Formerly RCW
29.79.300.]
29A.76.010 Counties, municipal corporations, and special purpose districts. (Effective July 1, 2004.)
29A.76.020 Boundary information. (Effective July 1, 2004.)
29A.76.030 Precinct boundary change—Registration transfer. (Effective
July 1, 2004.)
29A.76.040 Maps and census correspondence lists—Apportionment—
Duties of secretary of state. (Effective July 1, 2004.)
29A.76.010
29A.76.010 Counties, municipal corporations, and
special purpose districts. (Effective July 1, 2004.) (1) It is
the responsibility of each county, municipal corporation, and
special purpose district with a governing body comprised of
internal director, council, or commissioner districts not based
on statutorily required land ownership criteria to periodically
redistrict its governmental unit, based on population information from the most recent federal decennial census.
(2) Within forty-five days after receipt of federal decennial census information applicable to a specific local area, the
commission established in RCW 44.05.030 shall forward the
census information to each municipal corporation, county,
and district charged with redistricting under this section.
(3) No later than eight months after its receipt of federal
decennial census data, the governing body of the municipal
corporation, county, or district shall prepare a plan for redistricting its internal or director districts.
(4) The plan shall be consistent with the following criteria:
(a) Each internal director, council, or commissioner district shall be as nearly equal in population as possible to each
and every other such district comprising the municipal corporation, county, or special purpose district.
(b) Each district shall be as compact as possible.
(c) Each district shall consist of geographically contiguous area.
(d) Population data may not be used for purposes of
favoring or disfavoring any racial group or political party.
(e) To the extent feasible and if not inconsistent with the
basic enabling legislation for the municipal corporation,
county, or district, the district boundaries shall coincide with
existing recognized natural boundaries and shall, to the extent
possible, preserve existing communities of related and
mutual interest.
(5) During the adoption of its plan, the municipal corporation, county, or district shall ensure that full and reasonable
public notice of its actions is provided. The municipal corporation, county, or district shall hold at least one public hearing
on the redistricting plan at least one week before adoption of
the plan.
(6)(a) Any registered voter residing in an area affected
by the redistricting plan may request review of the adopted
local plan by the superior court of the county in which he or
she resides, within forty-five days of the plan's adoption.
Any request for review must specify the reason or reasons
alleged why the local plan is not consistent with the applicable redistricting criteria. The municipal corporation, county,
or district may be joined as respondent. The superior court
shall thereupon review the challenged plan for compliance
with the applicable redistricting criteria set out in subsection
(4) of this section.
[2003 RCW Supp—page 383]
29A.76.020
Title 29A RCW: Elections
29A.76.040
(b) If the superior court finds the plan to be consistent
with the requirements of this section, the plan shall take
effect immediately.
(c) If the superior court determines the plan does not
meet the requirements of this section, in whole or in part, it
shall remand the plan for further or corrective action within a
specified and reasonable time period.
(d) If the superior court finds that any request for review
is frivolous or has been filed solely for purposes of harassment or delay, it may impose appropriate sanctions on the
party requesting review, including payment of attorneys' fees
and costs to the respondent municipal corporation, county, or
district. [2003 c 111 § 1901. Prior: 1984 c 13 § 4; 1983 c 16
§ 15; 1982 c 2 § 27. Formerly RCW 29.70.100.]
Severability—1984 c 13: See RCW 44.05.902.
Contingent effective date—Severability—1983 c 16: See RCW
44.05.900 and 44.05.901.
29A.76.020
29A.76.020 Boundary information. (Effective July 1,
2004.) (1) The legislative authority of each county and each
city, town, and special purpose district which lies entirely
within the county shall provide the county auditor accurate
information describing its geographical boundaries and the
boundaries of its director, council, or commissioner districts
and shall ensure that the information provided to the auditor
is kept current.
(2) A city, town, or special purpose district that lies in
more than one county shall provide the secretary of state
accurate information describing its geographical boundaries
and the boundaries of its director, council, or commissioner
districts and shall ensure that the information provided to the
secretary is kept current. The secretary of state shall
promptly transmit to each county in which a city, town, or
special purpose district is located information regarding the
boundaries of that jurisdiction which is provided to the secretary. [2003 c 111 § 1902. Prior: 1991 c 178 § 2. Formerly
RCW 29.15.026, 29.04.220.]
29A.76.040 Maps and census correspondence lists—
Apportionment—Duties of secretary of state. (Effective
July 1, 2004.) (1) With regard to functions relating to census,
apportionment, and the establishment of legislative and congressional districts, the secretary of state shall:
(a) Coordinate and monitor precinct mapping functions
of the county auditors and county engineers;
(b) Maintain official state base maps and correspondence
lists and maintain an index of all such maps and lists;
(c) Furnish to the United States bureau of the census as
needed for the decennial census of population, current, accurate, and easily readable versions of maps of all counties, cities, towns, and other areas of this state, which indicate current precinct boundaries together with copies of the census
correspondence lists.
(2) The secretary of state shall serve as the state liaison
with the United States bureau of census on matters relating to
the preparation of maps and the tabulation of population for
apportionment purposes. [2003 c 111 § 1904; 1989 c 278 §
2; 1977 ex.s. c 128 § 4; 1975-'76 2nd ex.s. c 129 § 2. Formerly RCW 29.04.140.]
Severability—1977 ex.s. c 128: See note following RCW 29A.16.040.
Effective date—1975-'76 2nd ex.s. c 129: "This 1976 amendatory act
shall take effect on February 1, 1977." [1975-'76 2nd ex.s. c 129 § 5.]
Severability—1975-'76 2nd ex.s. c 129: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-'76 2nd ex.s. c 129 § 6.]
Chapter 29A.80
Chapter 29A.80 RCW
POLITICAL PARTIES
Sections
29A.80.010 Authority—Generally. (Effective July 1, 2004.)
29A.80.020 State committee. (Effective July 1, 2004.)
29A.80.030 County central committee—Organization meetings. (Effective
July 1, 2004.)
29A.80.040 Precinct committee officer, eligibility. (Effective July 1,
2004.)
29A.80.050 Precinct committee officer—Election—Declaration of candidacy, fee—Term. (Effective July 1, 2004.)
29A.80.060 Legislative district chair—Election—Term—Removal.
(Effective July 1, 2004.)
29A.76.030
29A.76.030 Precinct boundary change—Registration
transfer. (Effective July 1, 2004.) If the boundaries of any
city, township, or rural precinct are changed in the manner
provided by law, the county auditor shall transfer the registration cards of every registered voter whose place of residence
is affected thereby to the files of the proper precinct, noting
thereon the name or number of the new precinct, or change
the addresses, the precinct names or numbers, and the special
district designations for those registered voters on the voter
registration lists of the county. It shall not be necessary for
any registered voter whose residence has been changed from
one precinct to another, by a change of boundary, to apply to
the registration officer for a transfer of registration. The
county auditor shall mail to each registrant in the new precinct a notice that his or her precinct has been changed from
. . . . . . to . . . . . ., and that thereafter the registrant will be
entitled to vote in the new precinct, giving the name or number. [2003 c 111 § 1903; 1971 ex.s. c 202 § 27; 1965 c 9 §
29.10.060. Prior: 1933 c 1 § 17; RRS § 5114-17. Formerly
RCW 29.10.060.]
[2003 RCW Supp—page 384]
29A.80.010
29A.80.010 Authority—Generally. (Effective July 1,
2004.) (1) Each political party organization may:
(a) Make its own rules and regulations; and
(b) Perform all functions inherent in such an organization.
(2) Only major political parties may designate candidates to appear on the state primary ballot as provided in
RCW 29A.28.010. [2003 c 111 § 2001; 1977 ex.s. c 329 §
16; 1965 c 9 § 29.42.010. Prior: 1961 c 130 § 2; prior: 1943
c 178 § 1, part; 1939 c 48 § 1, part; 1927 c 200 § 1, part; 1925
ex.s. c 158 § 1, part; 1909 c 82 § 6, part; 1907 c 209 § 22, part;
Rem. Supp. 1943 § 5198, part. Formerly RCW 29.42.010.]
Vacancies on ticket—How filled: RCW 29A.28.010, 29A.28.020.
29A.80.020
29A.80.020 State committee. (Effective July 1, 2004.)
The state committee of each major political party consists of
one committeeman and one committeewoman from each
county elected by the county central committee at its organization meeting. It must have a chair and vice-chair of opposite sexes. This committee shall meet during January of each
Political Parties
odd-numbered year for the purpose of organization at a time
and place designated by a notice mailed at least one week
before the date of the meeting to all the newly elected state
committeemen and committeewomen by the authorized
officers of the retiring committee. At its organizational meeting it shall elect its chair and vice-chair, and such officers as
its bylaws may provide, and adopt bylaws, rules, and regulations. It may:
(1) Call conventions at such time and place and under
such circumstances and for such purposes as the call to convention designates. The manner, number, and procedure for
selection of state convention delegates is subject to the committee's rules and regulations duly adopted;
(2) Provide for the election of delegates to national conventions;
(3) Fill vacancies on the ticket for any federal or state
office to be voted on by the electors of more than one county;
(4) Provide for the nomination of presidential electors;
and
(5) Perform all functions inherent in such an organization.
Notwithstanding any provision of this chapter, the committee may not adopt rules governing the conduct of the
actual proceedings at a party state convention. [2003 c 111 §
2002; 1987 c 295 § 11; 1972 ex.s. c 45 § 1; 1965 c 9 §
29.42.020. Prior: 1961 c 130 § 3; prior: 1943 c 178 § 1, part;
1939 c 48 § 1, part; 1927 c 200 § 1, part; 1925 ex.s. c 158 § 1,
part; 1909 c 82 § 6, part; 1907 c 209 § 22, part; Rem. Supp.
1943 § 5198, part. Formerly RCW 29.42.020.]
29A.80.030
29A.80.030 County central committee—Organization meetings. (Effective July 1, 2004.) The county central
committee of each major political party consists of the precinct committee officers of the party from the several voting
precincts of the county. Following each state general election
held in even-numbered years, this committee shall meet for
the purpose of organization at an easily accessible location
within the county, subsequent to the certification of precinct
committee officers by the county auditor and no later than the
second Saturday of the following January. The authorized
officers of the retiring committee shall cause notice of the
time and place of the meeting to be mailed to each precinct
committee officer at least seventy-two hours before the date
of the meeting.
At its organization meeting, the county central committee shall elect a chair and vice-chair of opposite sexes. [2003
c 111 § 2003; 1987 c 295 § 12; 1973 c 85 § 1; 1973 c 4 § 5;
1965 c 9 § 29.42.030. Prior: 1961 c 130 § 4; prior: 1943 c
178 § 1, part; 1939 c 48 § 1, part; 1927 c 200 § 1, part; 1925
ex.s. c 158 § 1, part; 1909 c 82 § 6, part; 1907 c 209 § 22, part;
Rem. Supp. 1943 § 5198, part. Formerly RCW 29.42.030.]
Precinct election officers, appointment: RCW 29A.44.410 and 29A.44.430.
29A.80.040
29A.80.040 Precinct committee officer, eligibility.
(Effective July 1, 2004.) Any member of a major political
party who is a registered voter in the precinct may upon payment of a fee of one dollar file his or her declaration of candidacy as prescribed under RCW 29A.24.030 with the county
auditor for the office of precinct committee officer of his or
her party in that precinct. When elected the precinct commit-
29A.80.060
tee officer shall serve so long as the committee officer
remains an eligible voter in that precinct and until a successor
has been elected at the next ensuing state general election in
the even-numbered year. [2003 c 111 § 2004. Prior: 1990 c
59 § 104; prior: 1987 c 295 § 13; 1987 c 133 § 3; 1973 c 4 §
6; 1965 c 9 § 29.42.040; prior: 1961 c 130 § 5; prior: 1943 c
178 § 1, part; 1939 c 48 § 1, part; 1927 c 200 § 1, part; 1925
ex.s. c 158 § 1, part; 1909 c 82 § 6, part; 1907 c 209 § 22, part;
Rem. Supp. 1943 § 5198, part. Formerly RCW 29.42.040.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Precinct election officers, list of qualified persons: RCW 29A.44.430.
29A.80.050
29A.80.050 Precinct committee officer—Election—
Declaration of candidacy, fee—Term. (Effective July 1,
2004.) The statutory requirements for filing as a candidate at
the primaries apply to candidates for precinct committee
officer, except that the filing period for this office alone is
extended to and includes the Friday immediately following
the last day for political parties to fill vacancies in the ticket
as provided by RCW 29A.28.010. The office shall not be
voted upon at the primaries, but the names of all candidates
must appear under the proper party and office designations
on the ballot for the general election for each even-numbered
year, and the one receiving the highest number of votes will
be declared elected. However, to be declared elected, a candidate must receive at least ten percent of the number of votes
cast for the candidate of the candidate's party receiving the
greatest number of votes in the precinct. The term of office
of precinct committee officer is two years, commencing upon
completion of the official canvass of votes by the county canvassing board of election returns. [2003 c 111 § 2005; 1991
c 363 § 34; 1987 c 295 § 14; 1973 c 4 § 7; 1967 ex.s. c 32 §
2; 1965 ex.s. c 103 § 3; 1965 c 9 § 29.42.050. Prior: 1961 c
130 § 6; prior: 1953 c 196 § 1; 1943 c 178 § 1, part; 1939 c
48 § 1, part; 1927 c 200 § 1, part; 1925 ex.s. c 158 § 1, part;
1909 c 82 § 6, part; 1907 c 209 § 22, part; Rem. Supp. 1943
§ 5198, part. Formerly RCW 29.42.050.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1967 ex.s. c 32: See note following RCW 29A.80.060.
Notice of general election, office to be indicated: RCW 29A.04.215.
29A.80.060
29A.80.060 Legislative district chair—Election—
Term—Removal. (Effective July 1, 2004.) Within fortyfive days after the statewide general election in even-numbered years, the county chair of each major political party
shall call separate meetings of all elected precinct committee
officers in each legislative district, a majority of the precincts
of which are within a county with a population of one million
or more for the purpose of electing a legislative district chair
in such district. The district chair shall hold office until the
next legislative district reorganizational meeting two years
later, or until a successor is elected.
The legislative district chair may be removed only by the
majority vote of the elected precinct committee officers in the
chair's district. [2003 c 111 § 2006; 1991 c 363 § 35; 1987 c
295 § 15; 1967 ex.s. c 32 § 1. Formerly RCW 29.42.070.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
[2003 RCW Supp—page 385]
Chapter 29A.84
Title 29A RCW: Elections
Severability—1967 ex.s. c 32: "If any provision of this 1967 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the 1967 amendatory act, or the application of the provision to
other persons or circumstances is not affected." [1967 ex.s. c 32 § 3.]
Precinct committee officer, filling vacancy: RCW 29A.80.050.
Chapter 29A.84
Chapter 29A.84 RCW
CRIMES AND PENALTIES
CANVASSING AND CERTIFYING
29A.84.710 Documents regarding nomination, election, candidacy—
Frauds and falsehoods. (Effective July 1, 2004.)
29A.84.720 Officers—Violations generally. (Effective July 1, 2004.)
29A.84.730 Divulging ballot count. (Effective July 1, 2004.)
29A.84.740 Returns and posted copy of results—Tampering with. (Effective July 1, 2004.)
GENERAL PROVISIONS
Sections
29A.84.010
GENERAL PROVISIONS
29A.84.010
29A.84.020
29A.84.030
29A.84.040
Voting, registration irregularities. (Effective July 1, 2004.)
Violations by officers. (Effective July 1, 2004.)
Penalty. (Effective July 1, 2004.)
Political advertising, removing or defacing. (Effective July 1,
2004.)
REGISTRATION
29A.84.110 Officials' violations. (Effective July 1, 2004.)
29A.84.120 Disenfranchisement or discrimination. (Effective July 1,
2004.)
29A.84.130 Voter violations. (Effective July 1, 2004.)
29A.84.140 Unqualified registration. (Effective July 1, 2004.)
PETITIONS AND SIGNATURES
29A.84.210
29A.84.220
29A.84.230
29A.84.240
29A.84.240
29A.84.250
29A.84.260
29A.84.270
29A.84.280
Violations by officers. (Effective July 1, 2004.)
Violations—Corrupt practices. (Effective July 1, 2004.)
Violations by signers. (Effective July 1, 2004.)
Violations by signers, officers—Penalty (as amended by 2003
c 53). (Effective July 1, 2004.)
Violations by signers—Officers (as amended by 2003 c 111).
(Effective July 1, 2004.)
Violations—Corrupt practices. (Effective July 1, 2004.)
Petitions—Improperly signing. (Effective July 1, 2004.)
Duplication of names—Conspiracy—Criminal and civil liability. (Effective July 1, 2004.)
Paid petition solicitors—Finding. (Effective July 1, 2004.)
FILING FOR OFFICE, DECLARATIONS, AND NOMINATIONS
29A.84.310 Candidacy declarations, nominating petitions. (Effective July
1, 2004.)
29A.84.320 Duplicate, nonexistent, untrue names—Penalty. (Effective
July 1, 2004.)
29A.84.010 Voting, registration irregularities.
(Effective July 1, 2004.) (1) A county auditor who suspects
a person of fraudulent voter registration, vote tampering, or
irregularities in voting shall transmit his or her suspicions and
observations without delay to the canvassing board.
(2) The county auditor shall make a good faith effort to
contact the person in question without delay. If the county
auditor is unable to contact the person, or if, after contacting
the person, the auditor still suspects fraudulent voter registration, vote tampering, or irregularities in voting, the auditor
shall refer the issue to the county prosecuting attorney to
determine if further action is warranted.
(3) When a complaint providing information concerning
fraudulent voter registration, vote tampering, or irregularities
in voting is presented to the office of the prosecuting attorney, that office shall file charges in all cases where warranted. [2003 c 111 § 2101; 2001 c 41 § 12. Formerly RCW
29.85.245.]
29A.84.020
29A.84.020 Violations by officers. (Effective July 1,
2004.) Every officer who willfully violates RCW
29A.56.110 through 29A.56.270, for the violation of which
no penalty is prescribed in this title or who willfully fails to
comply with the provisions of this chapter is guilty of a gross
misdemeanor. [2003 c 111 § 2102; 1965 c 9 § 29.82.210.
Prior: 1953 c 113 § 1; prior: 1913 c 146 § 16, part; RRS §
5365, part. Formerly RCW 29.82.210.]
BALLOTS
29A.84.030
29A.84.410 Unlawful appropriation, printing, or distribution. (Effective
July 1, 2004.)
29A.84.420 Unauthorized examination of ballots, election materials—
Revealing information. (Effective July 1, 2004.)
POLLING PLACE
29A.84.510 Acts prohibited in vicinity of polling place—Prohibited practices as to ballots. (Effective July 1, 2004.)
29A.84.520 Electioneering by election officers forbidden. (Effective July
1, 2004.)
29A.84.530 Refusing to leave voting booth. (Effective July 1, 2004.)
29A.84.540 Ballots—Removing from polling place. (Effective July 1,
2004.)
29A.84.550 Tampering with materials. (Effective July 1, 2004.)
29A.84.560 Voting machines, devices—Tampering with—Extra keys.
(Effective July 1, 2004.)
VOTING
29A.84.610
29A.84.620
29A.84.630
29A.84.640
29A.84.650
29A.84.655
29A.84.660
29A.84.670
29A.84.670
29A.84.680
Deceptive, incorrect vote recording. (Effective July 1, 2004.)
Hindering or bribing voter. (Effective July 1, 2004.)
Influencing voter to withhold vote. (Effective July 1, 2004.)
Solicitation of bribe by voter. (Effective July 1, 2004.)
Repeaters. (Effective July 1, 2004.)
Repeaters—Unqualified persons—Officers conniving with.
(Effective July 1, 2004.)
Unqualified persons voting. (Effective July 1, 2004.)
Unlawful acts by voters—Penalty (as amended by 2003 c 53).
(Effective July 1, 2004.)
Unlawful acts by voters (as amended by 2003 c 111). (Effective July 1, 2004.)
Absentee ballots. (Effective July 1, 2004.)
[2003 RCW Supp—page 386]
29A.84.030 Penalty. (Effective July 1, 2004.) A person who willfully violates any provision of this title regarding the conduct of mail ballot primaries or elections is guilty
of a class C felony punishable under RCW 9A.20.021. [2003
c 111 § 2103; 2001 c 241 § 21. Formerly RCW 29.38.070.]
29A.84.040
29A.84.040 Political advertising, removing or defacing. (Effective July 1, 2004.) A person who removes or
defaces lawfully placed political advertising including yard
signs or billboards without authorization is guilty of a misdemeanor punishable to the same extent as a misdemeanor that
is punishable under RCW 9A.20.021. The defacement or
removal of each item constitutes a separate violation. [2003
c 111 § 2104. Prior: 1991 c 81 § 19; 1984 c 216 § 5. Formerly RCW 29.85.275.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
Political advertising
generally: RCW 42.17.510 through 42.17.540.
rates for candidates: RCW 65.16.095.
REGISTRATION
29A.84.110
29A.84.110 Officials' violations. (Effective July 1,
2004.) If any county auditor or registration assistant:
Crimes and Penalties
(1) Willfully neglects or refuses to perform any duty
required by law in connection with the registration of voters;
or
(2) Willfully neglects or refuses to perform such duty in
the manner required by voter registration law; or
(3) Enters or causes or permits to be entered on the voter
registration records the name of any person in any other manner or at any other time than as prescribed by voter registration law or enters or causes or permits to be entered on such
records the name of any person not entitled to be thereon; or
(4) Destroys, mutilates, conceals, changes, or alters any
registration record in connection therewith except as authorized by voter registration law,
he or she is guilty of a gross misdemeanor punishable to the
same extent as a gross misdemeanor that is punishable under
RCW 9A.20.021. [2003 c 111 § 2105. Prior: 1994 c 57 § 24;
1991 c 81 § 11; 1965 c 9 § 29.85.190; prior: 1933 c 1 § 26;
RRS § 5114-26; prior: 1889 p 418 § 15; RRS § 5133. Formerly RCW 29.07.400, 29.85.190.]
Severability—1994 c 57: See note following RCW 10.64.021.
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.84.120
29A.84.120 Disenfranchisement or discrimination.
(Effective July 1, 2004.) An election officer or a person who
intentionally disenfranchises an eligible citizen or discriminates against a person eligible to vote by denying voter registration is guilty of a misdemeanor punishable under RCW
9A.20.021. [2003 c 111 § 2106. Prior: 2001 c 41 § 2. Formerly RCW 29.07.405.]
29A.84.130
29A.84.130 Voter violations. (Effective July 1, 2004.)
Any person who:
(1) Knowingly provides false information on an application for voter registration under any provision of this title;
(2) Knowingly makes or attests to a false declaration as
to his or her qualifications as a voter;
(3) Knowingly causes or permits himself or herself to be
registered using the name of another person;
(4) Knowingly causes himself or herself to be registered
under two or more different names;
(5) Knowingly causes himself or herself to be registered
in two or more counties;
(6) Offers to pay another person to assist in registering
voters, where payment is based on a fixed amount of money
per voter registration;
(7) Accepts payment for assisting in registering voters,
where payment is based on a fixed amount of money per
voter registration; or
(8) Knowingly causes any person to be registered or
causes any registration to be transferred or canceled except as
authorized under this title,
is guilty of a class C felony punishable under RCW
9A.20.021. [2003 c 111 § 2107. Prior: 1994 c 57 § 25; 1991
c 81 § 12; 1990 c 143 § 12; 1977 ex.s. c 361 § 110; 1965 c 9
§ 29.85.200; prior: 1933 c 1 § 27; RRS § 5114-27; prior:
1893 c 45 § 5; 1889 p 418 § 16; RRS § 5136. Formerly RCW
29.07.410, 29.85.200.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.84.220
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
29A.84.140
29A.84.140 Unqualified registration. (Effective July
1, 2004.) A person who knows that he or she does not possess the legal qualifications of a voter and who registers to
vote is guilty of a misdemeanor punishable under RCW
9A.20.021. [2003 c 111 § 2108. Prior: 2001 c 41 § 13. Formerly RCW 29.85.249.]
PETITIONS AND SIGNATURES
29A.84.210
29A.84.210 Violations by officers. (Effective July 1,
2004.) Every officer who willfully violates any of the provisions of chapter 29A.72 RCW or RCW 29A.32.010 through
29A.32.120, for the violation of which no penalty is herein
prescribed, or who willfully fails to comply with the provisions of chapter 29A.72 RCW or RCW 29A.32.010 through
29A.32.120, is guilty of a gross misdemeanor punishable to
the same extent as a gross misdemeanor that is punishable
under RCW 9A.20.021. [2003 c 111 § 2109; 1993 c 256 § 3;
1965 c 9 § 29.79.480. Prior: 1913 c 138 § 32, part; RRS §
5428, part. Formerly RCW 29.79.480.]
Severability—Effective date—1993 c 256: See notes following RCW
29A.84.280.
29A.84.220
29A.84.220 Violations—Corrupt practices. (Effective July 1, 2004.) Every person is guilty of a gross misdemeanor, who:
(1) For any consideration, compensation, gratuity,
reward, or thing of value or promise thereof, signs or declines
to sign any recall petition; or
(2) Advertises in any newspaper, magazine or other periodical publication, or in any book, pamphlet, circular, or letter, or by means of any sign, signboard, bill, poster, handbill,
or card, or in any manner whatsoever, that he or she will
either for or without compensation or consideration circulate,
solicit, procure, or obtain signatures upon, or influence or
induce or attempt to influence or induce persons to sign or not
to sign any recall petition or vote for or against any recall; or
(3) For pay or any consideration, compensation, gratuity,
reward, or thing of value or promise thereof, circulates, or
solicits, procures, or obtains or attempts to procure or obtain
signatures upon any recall petition; or
(4) Pays or offers or promises to pay, or gives or offers or
promises to give any consideration, compensation, gratuity,
reward, or thing of value to any person to induce him or her
to sign or not to sign, or to circulate or solicit, procure, or
attempt to procure or obtain signatures upon any recall petition, or to vote for or against any recall; or
(5) By any other corrupt means or practice or by threats
or intimidation interferes with or attempts to interfere with
the right of any legal voter to sign or not to sign any recall
petition or to vote for or against any recall; or
(6) Receives, accepts, handles, distributes, pays out, or
gives away, directly or indirectly, any money, consideration,
compensation, gratuity, reward, or thing of value contributed
by or received from any person, firm, association, or corporation whose residence or principal office is, or the majority of
whose stockholders are nonresidents of the state of Washington, for any service, work, or assistance of any kind done or
[2003 RCW Supp—page 387]
29A.84.230
Title 29A RCW: Elections
29A.84.250
rendered for the purpose of aiding in procuring signatures
upon any recall petition or the adoption or rejection of any
recall. [2003 c 111 § 2110; 1984 c 170 § 12; 1965 c 9 §
29.82.220. Prior: 1953 c 113 § 2; prior: 1913 c 146 § 16,
part; RRS § 5365, part. Formerly RCW 29.82.220.]
Misconduct in signing a petition: RCW 9.44.080.
29A.84.230
29A.84.230 Violations by signers. (Effective July 1,
2004.) (1) Every person who signs an initiative or referendum petition with any other than his or her true name is guilty
of a class C felony punishable under RCW 9A.20.021.
(2) Every person who knowingly signs more than one
petition for the same initiative or referendum measure or who
signs an initiative or referendum petition knowing that he or
she is not a legal voter or who makes a false statement as to
his or her residence on any initiative or referendum petition,
is guilty of a gross misdemeanor. [2003 c 111 § 2111; 2003
c 53 § 182; 1993 c 256 § 2; 1965 c 9 § 29.79.440. Prior: 1913
c 138 § 31; RRS § 5427. Formerly RCW 29.79.440,
29.79.450, 29.79.460, 29.79.470.]
Reviser's note: This section was amended by 2003 c 53 § 182 and by
2003 c 111 § 2111, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—Effective date—1993 c 256: See notes following RCW
29A.84.280.
Misconduct in signing a petition: RCW 9.44.080.
Only registered voters may vote—Exception: RCW 29A.04.210.
Registration, information from voter as to qualifications: RCW 29A.08.210.
Residence
contingencies affecting: State Constitution Art. 6 § 4.
defined: RCW 29A.04.151.
29A.84.240
29A.84.240 Violations by signers, officers—Penalty (as amended
by 2003 c 53). (Effective July 1, 2004.) (1) Every person who signs a recall
petition with any other than his or her true name is guilty of a class B felony
punishable according to chapter 9A.20 RCW.
(2) Every person who knowingly (((1))) (a) signs more than one petition for the same recall, (((2))) (b) signs a recall petition when he or she is not
a legal voter, or (((3))) (c) makes a false statement as to his or her residence
on any recall petition is guilty of a gross misdemeanor.
(3) Every registration officer who makes any false report or certificate
on any recall petition is guilty of a gross misdemeanor. [2003 c 53 § 183;
1984 c 170 § 11; 1965 c 9 § 29.82.170. Prior: 1913 c 146 § 15; RRS § 5364.
Formerly RCW 29.82.170, 29.82.180, 29.82.190, 29.82.200.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
29A.84.240
29A.84.240 Violations by signers—Officers (as amended by 2003 c
111). (Effective July 1, 2004.) Every person who signs a recall petition with
any other than his or her true name is guilty of a felony. Every person who
knowingly (1) signs more than one petition for the same recall, (2) signs a
recall petition when he or she is not a legal voter, or (3) makes a false statement as to ((his)) residence on any recall petition is guilty of a gross misdemeanor. Every registration officer who makes any false report or certificate
on any recall petition is guilty of a gross misdemeanor. [2003 c 111 § 2112;
1984 c 170 § 11; 1965 c 9 § 29.82.170. Prior: 1913 c 146 § 15; RRS § 5364.
Formerly RCW 29.82.170, 29.82.180, 29.82.190, 29.82.200.]
Reviser's note: RCW 29.82.170 (recodified as RCW 29A.84.240) was
amended twice during the 2003 legislative session, each without reference to
the other. For rule of construction concerning sections amended more than
once during the same legislative session, see RCW 1.12.025.
Misconduct in signing a petition: RCW 9.44.080.
[2003 RCW Supp—page 388]
29A.84.250 Violations—Corrupt practices. (Effective July 1, 2004.) Every person is guilty of a gross misdemeanor who:
(1) For any consideration or gratuity or promise thereof,
signs or declines to sign any initiative or referendum petition;
or
(2) Provides or receives consideration for soliciting or
procuring signatures on an initiative or referendum petition if
any part of the consideration is based upon the number of signatures solicited or procured, or offers to provide or agrees to
receive such consideration any of which is based on the number of signatures solicited or procured; or
(3) Gives or offers any consideration or gratuity to any
person to induce him or her to sign or not to sign or to vote for
or against any initiative or referendum measure; or
(4) Interferes with or attempts to interfere with the right
of any voter to sign or not to sign an initiative or referendum
petition or with the right to vote for or against an initiative or
referendum measure by threats, intimidation, or any other
corrupt means or practice; or
(5) Receives, handles, distributes, pays out, or gives
away, directly or indirectly, money or any other thing of
value contributed by or received from any person, firm, association, or corporation whose residence or principal office is,
or the majority of whose members or stockholders have their
residence outside, the state of Washington, for any service
rendered for the purpose of aiding in procuring signatures
upon any initiative or referendum petition or for the purpose
of aiding in the adoption or rejection of any initiative or referendum measure. This subsection does not apply to or prohibit any activity that is properly reported in accordance with
the applicable provisions of chapter 42.17 RCW.
A gross misdemeanor under this section is punishable to
the same extent as a gross misdemeanor that is punishable
under RCW 9A.20.021. [2003 c 111 § 2113; 1993 c 256 § 4;
1975-'76 2nd ex.s. c 112 § 2; 1965 c 9 § 29.79.490. Prior:
1913 c 138 § 32, part; RRS § 5428, part. Formerly RCW
29.79.490]
Severability—Effective date—1993 c 256: See notes following RCW
29A.84.280.
Construction—Severability—1975-'76 2nd ex.s. c 112: See RCW
42.17.945 and 42.17.912.
Misconduct in signing a petition: RCW 9.44.080.
29A.84.260
29A.84.260 Petitions—Improperly signing. (Effective July 1, 2004.) The following apply to persons signing
nominating petitions prescribed by RCW 29A.24.100:
(1) A person who signs a petition with any other than his
or her name shall be guilty of a misdemeanor.
(2) A person shall be guilty of a misdemeanor if the person knowingly: Signs more than one petition for any single
candidacy of any single candidate; signs the petition when he
or she is not a legal voter; or makes a false statement as to his
or her residence. [2003 c 111 § 2114. Prior: 1984 c 142 § 8.
Formerly RCW 29.15.080, 29.18.057.]
Intent—1984 c 142: See note following RCW 29A.24.050.
29A.84.270
29A.84.270 Duplication of names—Conspiracy—
Criminal and civil liability. (Effective July 1, 2004.) Any
person who with intent to mislead or confuse the electors
conspires with another person who has a surname similar to
Crimes and Penalties
an incumbent seeking reelection to the same office, or to an
opponent for the same office whose political reputation has
been well established, by persuading such other person to file
for such office with no intention of being elected, but to
defeat the incumbent or the well known opponent, is guilty of
a class B felony punishable according to chapter 9A.20
RCW. In addition, all conspirators are subject to a suit for
civil damages, the amount of which may not exceed the salary that the injured person would have received had he or she
been elected or reelected. [2003 c 111 § 2115; 2003 c 53 §
178; 1965 c 9 § 29.18.080. Prior: 1943 c 198 § 6; Rem.
Supp. 1943 § 5213-15. Formerly RCW 29.15.110,
29.18.080.]
Reviser's note: This section was amended by 2003 c 53 § 178 and by
2003 c 111 § 2115, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
29A.84.280
29A.84.280 Paid petition solicitors—Finding. (Effective July 1, 2004.) The legislature finds that paying a worker,
whose task it is to secure the signatures of voters on initiative
or referendum petitions, on the basis of the number of signatures the worker secures on the petitions encourages the
introduction of fraud in the signature gathering process. Such
a form of payment may act as an incentive for the worker to
encourage a person to sign a petition which the person is not
qualified to sign or to sign a petition for a ballot measure even
if the person has already signed a petition for the measure.
Such payments also threaten the integrity of the initiative and
referendum process by providing an incentive for misrepresenting the nature or effect of a ballot measure in securing
petition signatures for the measure. [2003 c 111 § 2116.
Prior: 1993 c 256 § 1. Formerly RCW 29.79.500.]
Severability—1993 c 256: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1993 c 256 § 15.]
Effective date—1993 c 256: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 7, 1993]." [1993 c 256 § 16.]
FILING FOR OFFICE, DECLARATIONS,
AND NOMINATIONS
29A.84.310
29A.84.310 Candidacy declarations, nominating
petitions. (Effective July 1, 2004.) Every person who:
(1) Knowingly provides false information on his or her
declaration of candidacy or petition of nomination; or
(2) Conceals or fraudulently defaces or destroys a certificate that has been filed with an elections officer under RCW
29A.20.110 through 29A.20.200 or a declaration of candidacy or petition of nomination that has been filed with an
elections officer, or any part of such a certificate, declaration,
or petition, is guilty of a class C felony punishable under
RCW 9A.20.021. [2003 c 111 § 2117.]
29A.84.320
29A.84.320 Duplicate, nonexistent, untrue names—
Penalty. (Effective July 1, 2004.) A person is guilty of a
29A.84.420
class B felony punishable according to chapter 9A.20 RCW
who files a declaration of candidacy for any public office of:
(1) A nonexistent or fictitious person; or
(2) The name of any person not his or her true name; or
(3) A name similar to that of an incumbent seeking
reelection to the same office with intent to confuse and mislead the electors by taking advantage of the public reputation
of the incumbent; or
(4) A surname similar to one who has already filed for
the same office, and whose political reputation is widely
known, with intent to confuse and mislead the electors by
capitalizing on the public reputation of the candidate who had
previously filed. [2003 c 111 § 2118; 2003 c 53 § 177; 1965
c 9 § 29.18.070. Prior: (i) 1943 c 198 § 2; Rem. Supp. 1943
§ 5213-11. (ii) 1943 c 198 § 3; Rem. Supp. 1943 § 5213-12.
Formerly RCW 29.15.100, 29.18.070.]
Reviser's note: This section was amended by 2003 c 53 § 177 and by
2003 c 111 § 2118, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
BALLOTS
29A.84.410
29A.84.410 Unlawful appropriation, printing, or distribution. (Effective July 1, 2004.) Any person who is
retained or employed by any officer authorized by the laws of
this state to procure the printing of any official ballot or who
is engaged in printing official ballots is guilty of a gross misdemeanor if the person knowingly:
(1) Appropriates any official ballot to himself or herself;
or
(2) Gives or delivers any official ballot to or permits any
official ballot to be taken by any person other than the officer
authorized by law to receive it; or
(3) Prints or causes to be printed any official ballot: (a)
In any other form than that prescribed by law or as directed
by the officer authorized to procure the printing thereof; or
(b) with any other names thereon or with the names spelled
otherwise than as directed by such officer, or the names or
printing thereon arranged in any other way than that authorized and directed by law.
A gross misdemeanor under this section is punishable to
the same extent as a gross misdemeanor that is punishable
under RCW 9A.20.021. [2003 c 111 § 2119. Prior: 1991 c
81 § 3; 1965 c 9 § 29.85.040; prior: 1893 c 115 § 1; RRS §
5395. Formerly RCW 29.85.040.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.84.420
29A.84.420 Unauthorized examination of ballots,
election materials—Revealing information. (Effective
July 1, 2004.) (1) It is a gross misdemeanor for a person to
examine, or assist another to examine, any voter record, ballot, or any other state or local government official election
material if the person, without lawful authority, conducts the
examination:
(a) For the purpose of identifying the name of a voter and
how the voter voted; or
(b) For the purpose of determining how a voter, whose
name is known to the person, voted; or
[2003 RCW Supp—page 389]
29A.84.510
Title 29A RCW: Elections
(c) For the purpose of identifying the name of the voter
who voted in a manner known to the person.
(2) Any person who reveals to another information
which the person ascertained in violation of subsection (1) of
this section is guilty of a gross misdemeanor.
(3) A gross misdemeanor under this section is punishable
to the same extent as a gross misdemeanor that is punishable
under RCW 9A.20.021. [2003 c 111 § 2120. Prior: 1991 c
81 § 2; 1965 c 9 § 29.85.020; prior: 1911 c 89 § 1, part; Code
1881 § 906; 1873 p 205 § 105; 1854 p 93 § 96; RRS § 5387.
Formerly RCW 29.85.020.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
POLLING PLACE
29A.84.510
29A.84.510 Acts prohibited in vicinity of polling
place—Prohibited practices as to ballots. (Effective July
1, 2004.) (1) On the day of any primary or general or special
election, no person may, within a polling place, or in any public area within three hundred feet of any entrance to such
polling place:
(a) Suggest or persuade or attempt to suggest or persuade
any voter to vote for or against any candidate or ballot measure;
(b) Circulate cards or handbills of any kind;
(c) Solicit signatures to any kind of petition; or
(d) Engage in any practice which interferes with the freedom of voters to exercise their franchise or disrupts the
administration of the polling place.
(2) No person may obstruct the doors or entries to a
building in which a polling place is located or prevent free
access to and from any polling place. Any sheriff, deputy
sheriff, or municipal law enforcement officer shall prevent
such obstruction, and may arrest any person creating such
obstruction.
(3) No person may:
(a) Except as provided in RCW 29A.44.050, remove any
ballot from the polling place before the closing of the polls;
or
(b) Solicit any voter to show his or her ballot.
(4) No person other than an inspector or judge of election
may receive from any voter a voted ballot or deliver a blank
ballot to such elector.
(5) Any violation of this section is a gross misdemeanor,
punishable to the same extent as a gross misdemeanor that is
punishable under RCW 9A.20.021, and the person convicted
may be ordered to pay the costs of prosecution. [2003 c 111
§ 2121. Prior: 1991 c 81 § 20; 1990 c 59 § 75; 1984 c 35 §
1; 1983 1st ex.s. c 33 § 1; 1965 c 9 § 29.51.020; prior: (i)
1947 c 35 § 1, part; 1889 p 412 § 33, part; Rem. Supp. 1947
§ 5298, part. (ii) 1895 c 156 § 7, part; 1889 p 409 § 22, part;
Code 1881 § 3079, part; 1865 p 34 § 4, part; RRS § 5279,
part. Formerly RCW 29.51.020]
Effective date—1991 c 81: See note following RCW 29A.84.540.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
sum not exceeding one hundred dollars and pay the costs of
prosecution. [2003 c 111 § 2122; 1965 c 9 § 29.51.030.
Prior: 1947 c 35 § 1, part; 1889 p 412 § 33, part; Rem. Supp.
1947 § 5298, part. Formerly RCW 29.51.030.]
29A.84.530
29A.84.530 Refusing to leave voting booth. (Effective
July 1, 2004.) Deliberately impeding other voters from casting their votes by refusing to leave a voting booth or voting
device is a misdemeanor and is subject to the penalties provided in chapter 9A.20 RCW. The precinct election officers
may provide assistance in the manner provided by RCW
29A.44.240 to any voter who requests it. [2003 c 111 § 2123.
Prior: 1990 c 59 § 49. Formerly RCW 29.51.221.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.84.540
29A.84.540 Ballots—Removing from polling place.
(Effective July 1, 2004.) Any person who, without lawful
authority, removes a ballot from a polling place is guilty of a
gross misdemeanor punishable to the same extent as a gross
misdemeanor that is punishable under RCW 9A.20.021.
[2003 c 111 § 2124. Prior: 1991 c 81 § 1; 1965 c 9 §
29.85.010; prior: 1893 c 115 § 2; RRS § 5396. Formerly
RCW 29.85.010.]
Effective date—1991 c 81: "This act shall take effect July 1, 1992."
[1991 c 81 § 42.]
29A.84.550
29A.84.550 Tampering with materials. (Effective
July 1, 2004.) Any person who willfully defaces, removes,
or destroys any of the supplies or materials that the person
knows are intended both for use in a polling place and for
enabling a voter to prepare his or her ballot is guilty of a class
C felony punishable under RCW 9A.20.021. [2003 c 111 §
2125; 1991 c 81 § 9; 1965 c 9 § 29.85.110. Prior: 1889 p 412
§ 31; RRS § 5296. FORMER PART OF SECTION: 1935 c
108 § 3, part; RRS § 5339-3, part, now codified, as reenacted,
in RCW 29.85.230. Formerly RCW 29.85.110.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.84.560
29A.84.560 Voting machines, devices—Tampering
with—Extra keys. (Effective July 1, 2004.) Any person
who tampers with or damages or attempts to damage any voting machine or device to be used or being used in a primary
or special or general election, or who prevents or attempts to
prevent the correct operation of such machine or device, or
any unauthorized person who makes or has in his or her possession a key to a voting machine or device to be used or
being used in a primary or special or general election, is
guilty of a class C felony punishable under RCW 9A.20.021.
[2003 c 111 § 2126; 1991 c 81 § 18; 1965 c 9 § 29.85.260.
Prior: 1913 c 58 § 16; RRS § 5316. Formerly RCW
29.85.260.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
VOTING
29A.84.520
29A.84.520 Electioneering by election officers forbidden. (Effective July 1, 2004.) Any election officer who
does any electioneering on primary or election day, is guilty
of a misdemeanor, and upon conviction must be fined in any
[2003 RCW Supp—page 390]
29A.84.610
29A.84.610 Deceptive, incorrect vote recording.
(Effective July 1, 2004.) A person is guilty of a gross misdemeanor who knowingly:
Crimes and Penalties
(1) Deceives any voter in recording his or her vote by
providing incorrect or misleading recording information or
by providing faulty election equipment or records; or
(2) Records the vote of any voter in a manner other than
as designated by the voter.
Such a gross misdemeanor is punishable to the same
extent as a gross misdemeanor that is punishable under RCW
9A.20.021. [2003 c 111 § 2127. Prior: 1991 c 81 § 4. Formerly RCW 29.85.051.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.84.620
29A.84.620 Hindering or bribing voter. (Effective
July 1, 2004.) Any person who uses menace, force, threat, or
any unlawful means towards any voter to hinder or deter such
a voter from voting, or directly or indirectly offers any bribe,
reward, or any thing of value to a voter in exchange for the
voter's vote for or against any person or ballot measure, or
authorizes any person to do so, is guilty of a class C felony
punishable under RCW 9A.20.021. [2003 c 111 § 2128.
Prior: 1991 c 81 § 5; 1965 c 9 § 29.85.060; prior: (i) 1911 c
89 § 1, part; Code 1881 § 904; 1873 p 204 § 103; 1854 p 93
§ 94; RRS § 5386. (ii) 1911 c 89 § 1, part; 1901 c 142 § 1;
Code 1881 § 909; 1873 p 205 § 106; 1865 p 50 § 1; 1854 p 93
§ 97; RRS § 5388. Formerly RCW 29.85.060.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
Employer's duty to provide time to vote: RCW 49.28.120.
29A.84.670
prior: 1911 c 89 § 1, part; Code 1881 § 903; 1873 p 204 §
102; 1865 p 51 § 5; 1854 p 93 § 93; RRS § 5383. Formerly
RCW 29.85.210.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.84.655
29A.84.655 Repeaters—Unqualified persons—Officers conniving with. (Effective July 1, 2004.) Any precinct
election officer who knowingly permits any voter to cast a
second vote at any primary or general or special election, or
knowingly permits any person not a qualified voter to vote at
any primary or general or special election, is guilty of a class
C felony punishable under RCW 9A.20.021. [2003 c 111 §
2132. Prior: 1991 c 81 § 14; 1965 c 9 § 29.85.220; prior:
1911 c 89 § 1, part; Code 1881 § 911; 1873 p 205 § 108; RRS
§ 5385. Formerly RCW 29.85.220.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.84.660
29A.84.660 Unqualified persons voting. (Effective
July 1, 2004.) Any person who knows that he or she does not
possess the legal qualifications of a voter and who votes at
any primary or special or general election authorized by law
to be held in this state for any office whatever is guilty of a
class C felony punishable under RCW 9A.20.021. [2003 c
111 § 2133; 1991 c 81 § 17; 1965 c 9 § 29.85.240. Prior:
1911 c 89 § 1, part; Code 1881 § 905; 1873 p 204 § 104; 1865
p 51 § 4; 1854 p 93 § 95; RRS § 5384. Formerly RCW
29.85.240.]
29A.84.630
29A.84.630 Influencing voter to withhold vote.
(Effective July 1, 2004.) Any person who in any way,
directly or indirectly, by menace or unlawful means, attempts
to influence any person in refusing to give his or her vote in
any primary or special or general election is guilty of a gross
misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021. [2003 c
111 § 2129. Prior: 1991 c 81 § 6; 1965 c 9 § 29.85.070;
prior: Code 1881 § 3140; RRS § 5389. Formerly RCW
29.85.070.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
Employer's duty to provide time to vote: RCW 49.28.120.
29A.84.640
29A.84.640 Solicitation of bribe by voter. (Effective
July 1, 2004.) Any person who solicits, requests, or
demands, directly or indirectly, any reward or thing of value
or the promise thereof in exchange for his or her vote or in
exchange for the vote of any other person for or against any
candidate or for or against any ballot measure to be voted
upon at a primary or special or general election is guilty of a
gross misdemeanor punishable to the same extent as a gross
misdemeanor that is punishable under RCW 9A.20.021.
[2003 c 111 § 2130. Prior: 1991 c 81 § 7; 1965 c 9 §
29.85.090; prior: 1907 c 209 § 32; RRS § 5207. Formerly
RCW 29.85.090.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.84.650
29A.84.650 Repeaters. (Effective July 1, 2004.) Any
person who votes or attempts to vote more than once at any
primary or general or special election is guilty of a gross misdemeanor, punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021. [2003 c
111 § 2131. Prior: 1991 c 81 § 13; 1965 c 9 § 29.85.210;
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.84.670
29A.84.670 Unlawful acts by voters—Penalty (as amended by 2003
c 53). (Effective July 1, 2004.) (1) It ((shall be)) is unlawful for a voter to:
(((1))) (a) Show his or her ballot after it is marked to any person in such
a way as to reveal the contents thereof or the name of any candidate for
whom he or she has marked his or her vote;
(((2))) (b) Receive a ballot from any person other than the election
officer having charge of the ballots;
(((3))) (c) Vote or offer to vote any ballot except one that he or she has
received from the election officer having charge of the ballots;
(((4))) (d) Place any mark upon his or her ballot by which it may afterward be identified as the one voted by him or her;
(((5))) (e) Fail to return to the election officers any ballot he or she
received from an election officer.
(2) A violation of ((any provision of)) this section ((shall be)) is a misdemeanor, punishable by a fine not exceeding one hundred dollars, plus costs
of prosecution. [2003 c 53 § 181; 1965 c 9 § 29.51.230. Prior: 1947 c 35 §
1, part; 1889 p 412 § 33, part; Rem. Supp. 1947 § 5298, part. Formerly RCW
29.51.230.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
29A.84.670
29A.84.670 Unlawful acts by voters (as amended by 2003 c 111).
(Effective July 1, 2004.) It ((shall be)) is unlawful for a voter to:
(1) ((Show his ballot after it is marked to any person in such a way as
to reveal the contents thereof or the name of any candidate for whom he has
marked his vote;
(2))) Receive a ballot from any person other than the election officer
having charge of the ballots;
(((3))) (2) Vote or offer to vote any ballot except one ((that he has))
received from the election officer having charge of the ballots;
(((4) Place any mark upon his ballot by which it may afterward be identified as the one voted by him;
(5))) (3) Fail to return to the election officers any ballot ((he)) received
from an election officer.
A violation of any provision of this section ((shall be)) is a misdemeanor, punishable by a fine not exceeding one hundred dollars, plus costs
of prosecution. [2003 c 111 § 2134; 1965 c 9 § 29.51.230. Prior: 1947 c 35
[2003 RCW Supp—page 391]
29A.84.680
Title 29A RCW: Elections
§ 1, part; 1889 p 412 § 33, part; Rem. Supp. 1947 § 5298, part. Formerly
RCW 29.51.230.]
Reviser's note: RCW 29.51.230 (recodified as RCW 29A.84.670) was
amended twice during the 2003 legislative session, each without reference to
the other. For rule of construction concerning sections amended more than
once during the same legislative session, see RCW 1.12.025.
29A.84.680
29A.84.680 Absentee ballots. (Effective July 1, 2004.)
(1) A person who willfully violates any provision of chapter
29A.40 RCW regarding the assertion or declaration of qualifications to receive or cast an absentee ballot or unlawfully
casts a vote by absentee ballot is guilty of a class C felony
punishable under RCW 9A.20.021.
(2) Except as provided in this chapter, a person who willfully violates any other provision of chapter 29A.40 RCW is
guilty of a misdemeanor. [2003 c 111 § 2136; 2003 c 53 §
179; 2001 c 241 § 14; 1994 c 269 § 2; 1991 c 81 § 34; 1987 c
346 § 20; 1983 1st ex.s. c 71 § 9. Formerly RCW 29.36.370,
29.36.160.]
Reviser's note: This section was amended by 2003 c 53 § 179 and by
2003 c 111 § 2136, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1991 c 81: See note following RCW 29A.84.540.
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
CANVASSING AND CERTIFYING
person authorized by law to be present while votes are being
counted may divulge any results of the count of the ballots at
any time prior to the closing of the polls for that primary or
special or general election.
(2) A violation of this section is a gross misdemeanor
punishable to the same extent as a gross misdemeanor that is
punishable under RCW 9A.20.021. [2003 c 111 § 2139.
Prior: 1991 c 81 § 15; 1990 c 59 § 55; 1977 ex.s. c 361 § 85;
1965 c 9 § 29.54.035; prior: 1955 c 148 § 6. Formerly RCW
29.85.225, 29.54.035.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.04.007.
Divulging returns in voting device precincts: RCW 29A.60.120.
29A.84.740
29A.84.740 Returns and posted copy of results—
Tampering with. (Effective July 1, 2004.) It shall be a
gross misdemeanor, punishable to the same extent as a gross
misdemeanor that is punishable under RCW 9A.20.021, for
any person to remove or deface the posted copy of the result
of votes cast at their precinct or to delay delivery of or change
the copy of primary or special or general election returns to
be delivered to the proper election officer. [2003 c 111 §
2140. Prior: 1991 c 81 § 16; 1965 c 9 § 29.85.230; prior:
1935 c 108 § 3; RRS § 5339-3. Formerly RCW 29.85.230,
29.85.110, part.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.84.710
29A.84.710 Documents regarding nomination, election, candidacy—Frauds and falsehoods. (Effective July
1, 2004.) Every person who:
(1) Knowingly and falsely issues a certificate of nomination or election; or
(2) Knowingly provides false information on a certificate which must be filed with an elections officer under RCW
29A.20.110 through 29A.20.200, is guilty of a class C felony
punishable under RCW 9A.20.021. [2003 c 111 § 2137;
1991 c 81 § 8; 1965 c 9 § 29.85.100. Prior: 1889 p 411 § 30;
RRS § 5295. Formerly RCW 29.85.100.]
Chapter 29A.88
Chapter 29A.88 RCW
NUCLEAR WASTE SITE—ELECTION
FOR DISAPPROVAL
Sections
29A.88.010 Findings. (Effective July 1, 2004.)
29A.88.020 High-level repository—Selection of site in state—Special
election for disapproval. (Effective July 1, 2004.)
29A.88.030 Costs of election. (Effective July 1, 2004.)
29A.88.040 Special election—Notification of auditors—Application of
election laws. (Effective July 1, 2004.)
29A.88.050 Ballot title. (Effective July 1, 2004.)
29A.88.060 Effect of vote. (Effective July 1, 2004.)
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.88.010
29A.84.720
29A.84.720 Officers—Violations generally. (Effective July 1, 2004.) Every person charged with the performance of any duty under the provisions of any law of this
state relating to elections, including primaries, or the provisions of any charter or ordinance of any city or town of this
state relating to elections who willfully neglects or refuses to
perform such duty, or who, in the performance of such duty,
or in his or her official capacity, knowingly or fraudulently
violates any of the provisions of law relating to such duty, is
guilty of a class C felony punishable under RCW 9A.20.021
and shall forfeit his or her office. [2003 c 111 § 2138. Prior:
1991 c 81 § 10; 1965 c 9 § 29.85.170; prior: (i) 1889 p 412 §
32; RRS § 5297. (ii) 1911 c 89 § 1, part; Code 1881 § 912;
1877 p 205 § 2; RRS § 5392. Formerly RCW 29.85.170.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.84.730
29A.84.730 Divulging ballot count. (Effective July 1,
2004.) (1) In any location in which ballots are counted, no
[2003 RCW Supp—page 392]
29A.88.010 Findings. (Effective July 1, 2004.) (1) The
legislature and the people find that the federal Nuclear Waste
Policy Act provides that within sixty days of the president's
recommendation of a site for a high-level nuclear waste
repository, a state may disapprove the selection of such site in
that state.
(2) The legislature and the people desire, if the governor
and legislature do not issue a notice of disapproval within
twenty-one days of the president's recommendation, that the
people of this state have the opportunity to vote upon disapproval. [2003 c 111 § 2201. Prior: 1986 ex.s. c 1 § 3. Formerly RCW 29.91.010.]
29A.88.020
29A.88.020 High-level repository—Selection of site
in state—Special election for disapproval. (Effective July
1, 2004.) (1) Within seven days after any recommendation
by the president of the United States of a site in the state of
Washington to be a high-level nuclear waste repository under
42 U.S.C. Sec. 10136, the governor shall set the date for a
Banks and Trust Companies
special statewide election to vote on disapproval of the selection of such site. The special election shall be no more than
fifty days after the date of the recommendation of the president of the United States.
(2) If either the governor or the legislature submits a
notice of disapproval to the United States Congress within
twenty-one days of the date of the recommendation by the
president of the United States, then the governor is authorized
to cancel the special election pursuant to subsection (1) of
this section. [2003 c 111 § 2202; 1986 ex.s. c 1 § 4. Formerly
RCW 29.91.020.]
29A.88.030
29A.88.030 Costs of election. (Effective July 1, 2004.)
The state of Washington shall assume the costs of any special
election called under RCW 29A.88.020 in the same manner
as provided in RCW 29A.04.420 and 29A.04.430. [2003 c
111 § 2203. Prior: 1986 ex.s. c 1 § 5. Formerly RCW
29.91.030.]
29A.88.040
29A.88.040 Special election—Notification of auditors—Application of election laws. (Effective July 1,
2004.) The secretary of state shall promptly notify the county
auditors of the date of the special election and certify to them
the text of the ballot title for this special election. The general
election laws shall apply to the election required by RCW
29A.88.020 to the extent that they are not inconsistent with
this chapter. Statutory deadlines relating to certification, canvassing, and the voters' pamphlet may be modified for the
election held pursuant to RCW 29A.88.020 by the secretary
of state through emergency rules adopted under RCW
29A.04.610. [2003 c 111 § 2204. Prior: 1986 ex.s. c 1 § 6.
Formerly RCW 29.91.040.]
29A.88.050
29A.88.050 Ballot title. (Effective July 1, 2004.) The
ballot title for the special election called under RCW
29A.88.020 shall be "Shall the Governor be required to notify
Congress of Washington's disapproval of the President's recommendation of [name of site] as a national high-level
nuclear waste repository?" [2003 c 111 § 2205. Prior: 1986
ex.s. c 1 § 7. Formerly RCW 29.91.050.]
29A.88.060
29A.88.060 Effect of vote. (Effective July 1, 2004.) If
the governor or the legislature fails to prepare and submit a
notice of disapproval to the United States Congress within
fifty-five days of the president's recommendation and a
majority of the voters in the special election held pursuant to
RCW 29A.88.020 favored such notice of disapproval, then
the vote of the people shall be binding on the governor. The
governor shall prepare and submit the notice of disapproval
to the United States Congress pursuant to 42 U.S.C. Sec.
10136. [2003 c 111 § 2206; 1986 ex.s. c 1 § 8. Formerly
RCW 29.91.060.]
Title 30
Title 30
BANKS AND TRUST COMPANIES
Chapters
30.04 General provisions.
30.12 Officers, employees, and stockholders.
30.42
30.44
Chapter 30.04
30.04.215
Alien banks.
Insolvency and liquidation.
Chapter 30.04 RCW
GENERAL PROVISIONS
Sections
30.04.025
30.04.215
30.04.217
30.04.240
30.04.260
30.04.901
Financial institutions—Loan charges—Out-of-state national
banks.
Engaging in other business activities.
Additional powers—Powers and authorities of mutual savings
bank—Restrictions.
Trust business to be kept separate—Authorized deposit of
securities. (Effective July 1, 2004.)
Legal services, advertising of—Penalty. (Effective July 1,
2004.)
Severability—2003 c 24.
30.04.025
30.04.025 Financial institutions—Loan charges—
Out-of-state national banks. Notwithstanding any restrictions, limitations, requirements, or other provisions of law, a
financial institution, as defined in RCW 30.22.040(12), may
charge, take, receive, or reserve interest, discount or other
points, finance charges, or other similar charges on any loan
or other extension of credit, at a rate or amount that is equal
to, or less than, the maximum rate or amount of interest, discount or other points, finance charges, or other similar
charges that national banks located in any other state or states
may charge, take, receive, or reserve, under 12 U.S.C. Sec.
85, on loans or other extensions of credit to residents of this
state. However, this section does not authorize any subsidiary of a bank, of a trust company, of a mutual savings bank,
of a savings and loan association, or of a credit union to
charge, take, receive, or reserve interest, discount or other
points, finance charges, or other similar charges on any loan
or other extension of credit, unless the subsidiary is itself a
bank, trust company, mutual savings bank, savings and loan
association, or credit union. [2003 c 24 § 3.]
30.04.215
30.04.215 Engaging in other business activities. (1)
Notwithstanding any other provisions of law, in addition to
all powers enumerated by this title, and those necessarily
implied therefrom, a bank or trust company may engage in
other business activities that have been determined by the
board of governors of the federal reserve system or by the
United States Congress to be closely related to the business of
banking, as of July 27, 2003.
(2) A bank or trust company that desires to perform an
activity that is not expressly authorized by subsection (1) of
this section shall first apply to the director for authorization to
conduct such activity. Within thirty days of the receipt of this
application, the director shall determine whether the activity
is closely related to the business of banking, whether the public convenience and advantage will be promoted, whether the
activity is apt to create an unsafe or unsound practice by the
bank or trust company and whether the applicant is capable of
performing such an activity. If the director finds the activity
to be closely related to the business of banking and the bank
or trust company is otherwise qualified, he or she shall immediately inform the applicant that the activity is authorized. If
the director determines that such activity is not closely
related to the business of banking or that the bank or trust
company is not otherwise qualified, he or she shall promptly
[2003 RCW Supp—page 393]
30.04.217
Title 30 RCW: Banks and Trust Companies
inform the applicant in writing. The applicant shall have the
right to appeal from an unfavorable determination in accordance with the procedures of the Administrative Procedure
Act, chapter 34.05 RCW. In determining whether a particular activity is closely related to the business of banking, the
director shall be guided by the rulings of the board of governors of the federal reserve system and the comptroller of the
currency in making determinations in connection with the
powers exercisable by bank holding companies, and the
activities performed by other commercial banks or their holding companies.
(3) Notwithstanding any restrictions, limitations, and
requirements of law, in addition to all powers, express or
implied, that a bank or trust company has under the laws of
this state, a bank or trust company shall have the powers and
authorities conferred as of August 31, 1994, or a subsequent
date not later than July 27, 2003, upon a federally chartered
bank doing business in this state. A bank or trust company
may exercise the powers and authorities conferred on a federally chartered bank after July 27, 2003, only if the director
finds that the exercise of such powers and authorities:
(a) Serves the convenience and advantage of depositors,
borrowers, or the general public; and
(b) Maintains the fairness of competition and parity
between state-chartered banks or trust companies and federally chartered banks.
As used in this section, "powers and authorities" include
without limitation powers and authorities in corporate governance and operational matters.
The restrictions, limitations, and requirements applicable to specific powers or authorities of federally chartered
banks shall apply to banks or trust companies exercising
those powers or authorities permitted under this subsection
but only insofar as the restrictions, limitations, and requirements relate to exercising the powers or authorities granted
banks or trust companies solely under this subsection.
(4) Any activity which may be performed by a bank or
trust company, except the taking of deposits, may be performed by (a) a corporation or (b) another entity approved by
the director, which in either case is owned in whole or in part
by the bank or trust company. [2003 c 24 § 2. Prior: 1995 c
344 § 2; 1995 c 134 § 2; prior: 1994 c 256 § 37; 1994 c 92 §
20; 1986 c 279 § 10; 1983 c 157 § 8; 1969 c 136 § 7.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1983 c 157: See note following RCW 30.04.060.
30.04.217
30.04.217 Additional powers—Powers and authorities of mutual savings bank—Restrictions. Notwithstanding any other provisions of law, in addition to all powers,
express or implied, that a bank or trust company has under the
laws of this state, a bank or trust company shall have the powers and authorities conferred upon a mutual savings bank
under Title 32 RCW, only if:
(1) The bank or trust company notifies the director at
least thirty days prior to the exercise of such power or authority by the bank or trust company, unless the director waives
or modifies this requirement for notice as to the exercise of a
power, authority, or category of powers or authorities by the
bank or trust company;
[2003 RCW Supp—page 394]
(2) The director finds that the exercise of such powers
and authorities by the bank or by the trust company serves the
convenience and advantage of depositors, borrowers, or the
general public; and
(3) The director finds that the exercise of such powers
and authorities by the bank or by the trust company maintains
the fairness of competition and parity between banks or trust
companies and mutual savings banks.
As used in this section, "powers and authorities" include
without limitation powers and authorities in corporate governance and operational matters.
The restrictions, limitations, and requirements applicable to specific powers or authorities of mutual savings banks
shall apply to banks or trust companies exercising those powers or authorities permitted under this section but only insofar
as the restrictions, limitations, and requirements relate to
exercising the powers or authorities granted banks or trust
companies solely under this section. [2003 c 24 § 1.]
30.04.240
30.04.240 Trust business to be kept separate—
Authorized deposit of securities. (Effective July 1, 2004.)
(1) Every corporation doing a trust business shall maintain in
its office a trust department in which it shall keep books and
accounts of its trust business, separate and apart from its
other business. Such books and accounts shall specify the
cash, securities and other properties, real and personal, held
in each trust, and such securities and properties shall be at all
times segregated from all other securities and properties
except as otherwise provided in this section.
(2) Any person connected with a bank or trust company
who shall, contrary to this section or any other provision of
law, commingle any funds or securities of any kind held by
such corporation in trust, for safekeeping or as agent for
another, with the funds or assets of the corporation is guilty of
a class B felony punishable according to chapter 9A.20
RCW.
(3) Notwithstanding any other provisions of law, any
fiduciary holding securities in its fiduciary capacity or any
state bank, national bank, or trust company holding securities
as fiduciary or as custodian for a fiduciary is authorized to
deposit or arrange for the deposit of such securities: (a) In a
clearing corporation (as defined in Article 8 of the Uniform
Commercial Code, chapter 62A.8 RCW); (b) within another
state bank, national bank, or trust company having trust
power whether located inside or outside of this state; or (c)
within itself. When such securities are so deposited, certificates representing securities of the same class of the same
issuer may be merged and held in bulk in the name of the
nominee of such clearing corporation or state bank, national
bank, or trust company holding the securities as the depository, with any other such securities deposited in such clearing
corporation or depository by any person, regardless of the
ownership of such securities, and certificates of small denomination may be merged into one or more certificates of larger
denomination. The records of such fiduciary and the records
of such state bank, national bank, or trust company as a fiduciary or as custodian for a fiduciary shall at all times show the
name of the party for whose account the securities are so
deposited. Ownership of, and other interests in, such securities may be transferred by bookkeeping entries on the books
of such clearing corporation, state bank, national bank, or
Officers, Employees, and Stockholders
trust company without physical delivery or alteration of certificates representing such securities. A state bank, national
bank, or trust company so depositing securities pursuant to
this section shall be subject to such rules and regulations as,
in the case of state chartered banks and trust companies, the
director and, in the case of national banking associations, the
comptroller of the currency may from time to time issue. A
state bank, national bank, or trust company acting as custodian for a fiduciary shall, on demand by the fiduciary, certify
in writing to the fiduciary the securities so deposited by such
state bank, national bank, or trust company in such clearing
corporation or state bank, national bank, or trust company
acting as such depository for the account of such fiduciary. A
fiduciary shall, on demand by any party to a judicial proceeding for the settlement of such fiduciary's account or on
demand by the attorney for such party, certify in writing to
such party the securities deposited by such fiduciary in such
clearing corporation or state bank, national bank, or trust
company acting as such depository for its account as such
fiduciary.
This subsection shall apply to any fiduciary holding
securities in its fiduciary capacity, and to any state bank,
national bank, or trust company holding securities as a custodian, managing agent, or custodian for a fiduciary, acting on
March 14, 1973 or who thereafter may act regardless of the
date of the agreement, instrument, or court order by which it
is appointed and regardless of whether or not such fiduciary,
custodian, managing agent, or custodian for a fiduciary owns
capital stock of such clearing corporation. [2003 c 53 § 184;
1994 c 92 § 25; 1979 c 45 § 1; 1973 c 99 § 1; 1955 c 33 §
30.04.240. Prior: 1919 c 209 § 16; 1917 c 80 § 49; RRS §
3256.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
30.04.260
30.04.260 Legal services, advertising of—Penalty.
(Effective July 1, 2004.) (1) No trust company or other corporation which advertises that it will furnish legal advice,
construct or prepare wills, or do other legal work for its customers, shall be permitted to act as executor, administrator, or
guardian; and any trust company or other corporation whose
officers or agents shall solicit legal business shall be ineligible for a period of one year thereafter to be appointed executor, administrator or guardian in any of the courts of this state.
(2) Any trust company or other corporation which advertises that it will furnish legal advice, construct or prepare
wills, or do other legal work for its customers, and any
officer, agent, or employee of any trust company or corporation who shall solicit legal business is guilty of a gross misdemeanor. [2003 c 53 § 185; 1974 ex.s. c 117 § 43; 1955 c 33
§ 30.04.260. Prior: 1929 c 72 § 4, part; 1923 c 115 § 6, part;
1921 c 94 § 1, part; 1917 c 80 § 24, part; RRS § 3231, part.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Application, construction—Severability—Effective date—1974
ex.s. c 117: See RCW 11.02.080 and notes following.
provision to other persons or circumstances is not affected.
[2003 c 24 § 10.]
Chapter 30.12 RCW
OFFICERS, EMPLOYEES, AND STOCKHOLDERS
Chapter 30.12
Sections
30.12.090
30.12.100
30.12.120
False entries, statements, etc.—Penalty. (Effective July 1,
2004.)
Destroying or secreting records—Penalty. (Effective July 1,
2004.)
Loans to officers or employees from trust funds—Penalty.
(Effective July 1, 2004.)
30.12.090
30.12.090 False entries, statements, etc.—Penalty.
(Effective July 1, 2004.) Every person who shall knowingly
subscribe to or make or cause to be made any false statement
or false entry in the books of any bank or trust company or
shall knowingly subscribe to or exhibit any false or fictitious
paper or security, instrument or paper, with the intent to
deceive any person authorized to examine into the affairs of
any bank or trust company or shall make, state or publish any
false statement of the amount of the assets or liabilities of any
bank or trust company is guilty of a class B felony punishable
according to chapter 9A.20 RCW. [2003 c 53 § 186; 1955 c
33 § 30.12.090. Prior: 1917 c 80 § 56; RRS § 3263.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
30.12.100
30.12.100 Destroying or secreting records—Penalty.
(Effective July 1, 2004.) Every officer, director or employee
or agent of any bank or trust company who, for the purpose of
concealing any fact or suppressing any evidence against himself or herself, or against any other person, abstracts,
removes, mutilates, destroys or secretes any paper, book or
record of any bank or trust company, or of the director, or of
anyone connected with his or her office, is guilty of a class B
felony punishable according to chapter 9A.20 RCW. [2003 c
53 § 187; 1994 c 92 § 71; 1955 c 33 § 30.12.100. Prior: 1917
c 80 § 56; RRS § 3264.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
30.12.120
30.12.120 Loans to officers or employees from trust
funds—Penalty. (Effective July 1, 2004.) No corporation
doing a trust business shall make any loan to any officer, or
employee from its trust funds, nor shall it permit any officer,
or employee to become indebted to it in any way out of its
trust funds. Every officer, director, or employee of any such
corporation, who knowingly violates this section, or who aids
or abets any other person in any such violation, is guilty of a
class B felony punishable according to chapter 9A.20 RCW.
[2003 c 53 § 188; 1955 c 33 § 30.12.120. Prior: 1917 c 80 §
53; RRS § 3260.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 30.42
30.04.901
30.04.901 Severability—2003 c 24. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
Chapter 30.42
Chapter 30.42 RCW
ALIEN BANKS
Sections
30.42.290
Compliance—Violations—Penalties. (Effective July 1, 2004.)
[2003 RCW Supp—page 395]
30.42.290
Title 30 RCW: Banks and Trust Companies
30.42.290
30.42.290 Compliance—Violations—Penalties.
(Effective July 1, 2004.) (1) The director shall have the
responsibility for assuring compliance with the provisions of
this chapter. An alien bank that conducts business in this
state in violation of any provisions of this chapter is guilty of
a misdemeanor and in addition thereto shall be liable in the
sum of one hundred dollars per day that each such offense
continues, such sum to be recovered by the attorney general
in a civil action in the name of the state.
(2) Every person who shall knowingly subscribe to or
make or cause to be made any false entry in the books of any
alien bank office or bureau doing business in this state pursuant to this chapter or shall knowingly subscribe to or exhibit
any false or fictitious paper or security, instrument or paper,
with the intent to deceive any person authorized to examine
into the affairs of any such office or bureau or shall make,
state or publish any false statement of the amount of the
assets or liabilities of any such office or bureau is guilty of a
class B felony punishable according to chapter 9A.20 RCW.
(3) Every director or member of the governing body,
officer, employee or agent of such alien bank operating an
office or bureau in this state who conceals or destroys any
fact or otherwise suppresses any evidence relating to a violation of this chapter is guilty of a class B felony punishable
according to chapter 9A.20 RCW.
(4) Any person who transacts business in this state on
behalf of an alien bank which is subject to the provisions of
this chapter, but which is not authorized to transact such business pursuant to this chapter is guilty of a misdemeanor and
in addition thereto shall be liable in the sum of one hundred
dollars per day for each day that such offense continues, such
sum to be recovered by the attorney general in a civil action
in the name of the state. [2003 c 53 § 189; 1994 c 92 § 99;
1973 1st ex.s. c 53 § 29.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 30.44
Chapter 30.44 RCW
INSOLVENCY AND LIQUIDATION
Sections
30.44.110
30.44.120
Preferences prohibited—Penalty. (Effective July 1, 2004.)
Receiving deposits when insolvent—Penalty. (Effective July
1, 2004.)
30.44.110
30.44.110 Preferences prohibited—Penalty. (Effective July 1, 2004.) Every transfer of its property or assets by
any bank or trust company in this state, made in contemplation of insolvency, or after it shall have become insolvent,
with a view to the preference of one creditor over another, or
to prevent the equal distribution of its property and assets
among its creditors, shall be void. Every director, officer, or
employee making any such transfer is guilty of a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53
§ 190; 1955 c 33 § 30.44.110. Prior: 1917 c 80 § 55; RRS §
3262.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
30.44.120
30.44.120 Receiving deposits when insolvent—Penalty. (Effective July 1, 2004.) An officer, director or
employee of any bank or trust company who shall fraudu[2003 RCW Supp—page 396]
lently receive for it any deposit, knowing that such bank or
trust company is insolvent, is guilty of a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 191;
1955 c 33 § 30.44.120. Prior: 1933 c 42 § 26; 1917 c 80 §
81; RRS § 3288.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Receiving deposits after insolvency prohibited: State Constitution Art. 12 §
12.
Title 31
Title 31
MISCELLANEOUS LOAN AGENCIES
Chapters
31.12 Washington state credit union act.
31.45 Check cashers and sellers.
Chapter 31.12 RCW
WASHINGTON STATE CREDIT UNION ACT
Chapter 31.12
Sections
31.12.724
31.12.850
Actions that are void—Felonious conduct—Penalties. (Effective July 1, 2004.)
Prohibited acts—Penalty. (Effective July 1, 2004.)
31.12.724
31.12.724 Actions that are void—Felonious conduct—Penalties. (Effective July 1, 2004.) (1) Every transfer of a credit union's property or assets, and every assignment by a credit union for the benefit of creditors, made in
contemplation of insolvency, or after it has become insolvent,
to intentionally prefer one creditor over another, or to intentionally prevent the equal distribution of its property and
assets among its creditors, is void.
(2) Every credit union director, officer, or employee
making any transfer described in subsection (1) of this section is guilty of a class B felony punishable according to
chapter 9A.20 RCW.
(3) An officer, director, or employee of a credit union
who fraudulently receives any share or deposit on behalf of
the credit union, knowing that the credit union is insolvent, is
guilty of a class B felony punishable according to chapter
9A.20 RCW. [2003 c 53 § 192; 1997 c 397 § 86.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
31.12.850
31.12.850 Prohibited acts—Penalty. (Effective July
1, 2004.) (1)(a) It is unlawful for a director, supervisory committee member, officer, employee, or agent of a credit union
to knowingly violate or consent to a violation of this chapter.
(b) Unless otherwise provided by law, a violation of this
subsection is a misdemeanor under chapter 9A.20 RCW.
(2)(a) It is unlawful for a person to perform any of the
following acts:
(i) To knowingly subscribe to, make, or cause to be made
a false statement or entry in the books of a credit union;
(ii) To knowingly make a false statement or entry in a
report required to be made to the director; or
(iii) To knowingly exhibit a false or fictitious paper,
instrument, or security to a person authorized to examine a
credit union.
Check Cashers and Sellers
(b) A violation of this subsection is a class C felony
under chapter 9A.20 RCW. [2003 c 53 § 193; 1997 c 397 §
87; 1994 c 92 § 215; 1984 c 31 § 65. Formerly RCW
31.12.635.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 31.45
Chapter 31.45 RCW
CHECK CASHERS AND SELLERS
Sections
31.45.010
31.45.020
31.45.030
31.45.040
31.45.050
31.45.060
31.45.070
31.45.073
31.45.077
31.45.079
31.45.082
31.45.084
31.45.086
31.45.088
31.45.090
31.45.100
31.45.110
31.45.120
31.45.170
31.45.010
Definitions.
Application of chapter.
License required—Small loan endorsement—Application—
Fee—Bond—Deposit in lieu of bond—Director's duties.
Application for license or small loan endorsement—Financial responsibility—Director's investigation.
Investigation or examination fee and annual assessment fee
required—Amounts determined by rule—Failure to pay—
Notice requirements of licensee.
Licensee—Schedule of fee and charges—Recordkeeping.
Licensee—Permissible transactions—Restrictions.
Making small loans—Endorsement required—Termination
date—Maximum amount—Interest—Fees—Postdated
check or draft as security.
Small loan endorsement—Application—Form—Information—Exemption from disclosure—Fees.
Making small loans—Agent for a licensee or exempt
entity—Federal preemption.
Delinquent small loan—Collection by licensee or third party.
Small loan payment plan—Terms—Restrictions.
Small loans—Right of rescission.
Small loans—Disclosure requirements—Advertising—Making loan.
Report requirements—Disclosure of information—Rules.
Examination or investigation—Director's authority—Costs.
Violations or unsound financial practices—Statement of
charges—Hearing—Sanctions—Director's authority.
Violations or unsound practices—Temporary cease and
desist order—Director's authority.
Repealed.
31.45.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Applicant" means a person that files an application
for a license under this chapter, including the applicant's sole
proprietor, owners, directors, officers, partners, members,
and controlling persons.
(2) "Borrower" means a natural person who receives a
small loan.
(3) "Business day" means any day that the licensee is
open for business in at least one physical location.
(4) "Check" means the same as defined in RCW 62A.3104(f) and, for purposes of conducting the business of making small loans, includes other electronic forms of payment,
including stored value cards, internet transfers, and automated clearing house transactions.
(5) "Check casher" means an individual, partnership,
unincorporated association, or corporation that, for compensation, engages, in whole or in part, in the business of cashing
checks, drafts, money orders, or other commercial paper
serving the same purpose.
(6) "Check seller" means an individual, partnership,
unincorporated association, or corporation that, for compensation, engages, in whole or in part, in the business of or selling checks, drafts, money orders, or other commercial paper
serving the same purpose.
31.45.020
(7) "Collateral" means the same as defined in chapter
62A.9A RCW.
(8) "Controlling person" means a person owning or controlling ten percent or more of the total outstanding shares of
the applicant or licensee, if the applicant or licensee is a corporation, and a member who owns ten percent or more of a
limited liability company or limited liability partnership.
(9) "Default" means the borrower's failure to repay the
small loan in compliance with the terms contained in the
small loan agreement or note or failure to make payments in
compliance with a loan payment plan.
(10) "Director" means the director of financial institutions.
(11) "Financial institution" means a commercial bank,
savings bank, savings and loan association, or credit union.
(12) "Licensee" means a check casher or seller licensed
by the director to engage in business in accordance with this
chapter. For purposes of the enforcement powers of this
chapter, including the power to issue cease and desist orders
under RCW 31.45.110, "licensee" also means a check casher
or seller who fails to obtain the license required by this chapter.
(13) "Origination date" means the date upon which the
borrower and the licensee initiate a small loan transaction.
(14) "Outstanding principal balance" of a small loan
means any of the principal amount that has not been paid by
the borrower.
(15) "Paid" means that moment in time when the licensee deposits the borrower's check or accepts cash for the
full amount owing on a valid small loan.
(16) "Person" means an individual, partnership, association, limited liability company, limited liability partnership,
trust, corporation, and any other legal entity.
(17) "Principal" means the loan proceeds advanced for
the benefit of the borrower in a small loan, excluding any fee
or interest charge.
(18) "Rescission" means annulling the loan contract and,
with respect to the small loan contract, returning the borrower
and the licensee to their financial condition prior to the origination date of the loan.
(19) "Small loan" means a loan of up to the maximum
amount and for a period of time up to the maximum term
specified in RCW 31.45.073.
(20) "Successive loans" means a series of loans made by
the same licensee to the same borrower in such a manner that
no more than three business days separate the termination
date of any one loan and the origination date of any other loan
in the series.
(21) "Termination date" means the date upon which payment for the small loan transaction is due or paid to the licensee, whichever occurs first.
(22) "Total of payments" means the principal amount of
the small loan plus all fees or interest charged on the loan.
(23) "Trade secret" means the same as defined in RCW
19.108.010. [2003 c 86 § 1; 1995 c 18 § 1; 1994 c 92 § 274;
1993 c 143 § 1; 1991 c 355 § 1.]
31.45.020
31.45.020 Application of chapter. (1) This chapter
does not apply to:
(a) Any financial institution or trust company authorized
to do business in Washington;
[2003 RCW Supp—page 397]
31.45.030
Title 31 RCW: Miscellaneous Loan Agencies
(b) The cashing of checks, drafts, or money orders by
any person who cashes checks, drafts, or money orders as a
convenience, as a minor part of its customary business, and
not for profit;
(c) The issuance or sale of checks, drafts, or money
orders by any corporation, partnership, or association that has
a net worth of not less than three million dollars as shown by
audited financial statements; and
(d) The issuance or sale of checks, drafts, money orders,
or other commercial paper serving the same purpose by any
agent of a corporation, partnership, or association described
in (c) of this subsection.
(2) Upon application to the director, the director may
exempt a person from any or all provisions of this chapter
upon a finding by the director that although not otherwise
exempt under this section, the applicant is not primarily
engaged in the business of cashing or selling checks and a
total or partial exemption would not be detrimental to the
public. [2003 c 86 § 2; 1994 c 92 § 275; 1991 c 355 § 2.]
31.45.030
31.45.030 License required—Small loan endorsement—Application—Fee—Bond—Deposit in lieu of
bond—Director's duties. (1) Except as provided in RCW
31.45.020, no check casher or seller may engage in business
without first obtaining a license from the director in accordance with this chapter. A license is required for each location where a licensee engages in the business of cashing or
selling checks or drafts.
(2) Each application for a license shall be in writing in a
form prescribed by the director and shall contain the following information:
(a) The legal name, residence, and business address of
the applicant and, if the applicant is a partnership, association, or corporation, of every member, officer, and director
thereof;
(b) The location where the initial registered office of the
applicant will be located in this state;
(c) The complete address of any other locations at which
the applicant proposes to engage in business as a check
casher or seller; and
(d) Such other data, financial statements, and pertinent
information as the director may require with respect to the
applicant, its directors, trustees, officers, members, or agents.
(3) Any information in the application regarding the personal residential address or telephone number of the applicant, and any trade secret as defined in RCW 19.108.010
including any financial statement that is a trade secret, is
exempt from the public records disclosure requirements of
chapter 42.17 RCW.
(4) The application shall be filed together with an investigation and supervision fee established by rule by the director. Such fees collected shall be deposited to the credit of the
financial services regulation fund in accordance with RCW
43.320.110.
(5)(a) Before granting a license to sell checks, drafts, or
money orders under this chapter, the director shall require
that the licensee file with the director a surety bond running
to the state of Washington, which bond shall be issued by a
surety insurer which meets the requirements of chapter 48.28
RCW, and be in a format acceptable to the director. The
director shall adopt rules to determine the penal sum of the
[2003 RCW Supp—page 398]
bond that shall be filed by each licensee. The bond shall be
conditioned upon the licensee paying all persons who purchase checks, drafts, or money orders from the licensee the
face value of any check, draft, or money order which is dishonored by the drawee bank, savings bank, or savings and
loan association due to insufficient funds or by reason of the
account having been closed. The bond shall only be liable for
the face value of the dishonored check, draft, or money order,
and shall not be liable for any interest or consequential damages.
(b) Before granting a small loan endorsement under this
chapter, the director shall require that the licensee file with
the director a surety bond, in a format acceptable to the director, issued by a surety insurer that meets the requirements of
chapter 48.28 RCW. The director shall adopt rules to determine the penal sum of the bond that shall be filed by each licensee. A licensee who wishes to engage in both check selling
and making small loans may combine the penal sums of the
bonding requirements and file one bond in a form acceptable
to the director. The bond shall run to the state of Washington
as obligee, and shall run to the benefit of the state and any
person or persons who suffer loss by reason of the licensee's
violation of this chapter or any rules adopted under this chapter. The bond shall only be liable for damages suffered by
borrowers as a result of the licensee's violation of this chapter
or rules adopted under this chapter, and shall not be liable for
any interest or consequential damages.
(c) The bond shall be continuous and may be canceled by
the surety upon the surety giving written notice to the director
and licensee of its intent to cancel the bond. The cancellation
is effective thirty days after the notice is received by the
director. Whether or not the bond is renewed, continued,
reinstated, reissued, or otherwise extended, replaced, or modified, including increases or decreases in the penal sum, it
shall be considered one continuous obligation, and the surety
upon the bond shall not be liable in an aggregate or cumulative amount exceeding the penal sum set forth on the face of
the bond. In no event shall the penal sum, or any portion
thereof, at two or more points in time be added together in
determining the surety's liability. The bond shall not be liable
for any liability of the licensee for tortious acts, whether or
not such liability is imposed by statute or common law, or is
imposed by contract. The bond shall not be a substitute or
supplement to any liability or other insurance required by law
or by the contract. If the surety desires to make payment
without awaiting court action against it, the penal sum of the
bond shall be reduced to the extent of any payment made by
the surety in good faith under the bond.
(d) Any person who is a purchaser of a check, draft, or
money order from the licensee having a claim against the licensee for the dishonor of any check, draft, or money order by
the drawee bank, savings bank, or savings and loan association due to insufficient funds or by reason of the account having been closed, or who obtained a small loan from the licensee and was damaged by the licensee's violation of this
chapter or rules adopted under this chapter, may bring suit
upon such bond or deposit in the superior court of the county
in which the check, draft, or money order was purchased, or
in the superior court of a county in which the licensee maintains a place of business. Jurisdiction shall be exclusively in
the superior court. Any such action must be brought not later
Check Cashers and Sellers
than one year after the dishonor of the check, draft, or money
order on which the claim is based. In the event valid claims
against a bond or deposit exceed the amount of the bond or
deposit, each claimant shall only be entitled to a pro rata
amount, based on the amount of the claim as it is valid against
the bond, or deposit, without regard to the date of filing of
any claim or action.
(e) In lieu of the surety bond required by this section, the
applicant for a check seller license may file with the director
a deposit consisting of cash or other security acceptable to the
director in an amount equal to the penal sum of the required
bond. In lieu of the surety bond required by this section, the
applicant for a small loan endorsement may file with the
director a deposit consisting of cash or other security acceptable to the director in an amount equal to the penal sum of the
required bond, or may demonstrate to the director net worth
in excess of three times the amount of the penal sum of the
required bond.
The director may adopt rules necessary for the proper
administration of the security or to establish reporting
requirements to ensure that the net worth requirements continue to be met. A deposit given instead of the bond required
by this section is not an asset of the licensee for the purpose
of complying with the liquid asset provisions of this chapter.
A deposit given instead of the bond required by this section is
a fund held in trust for the benefit of eligible claimants under
this section and is not an asset of the estate of any licensee
that seeks protection voluntarily or involuntarily under the
bankruptcy laws of the United States.
(f) Such security may be sold by the director at public
auction if it becomes necessary to satisfy the requirements of
this chapter. Notice of the sale shall be served upon the licensee who placed the security personally or by mail. If notice
is served by mail, service shall be addressed to the licensee at
its address as it appears in the records of the director. Bearer
bonds of the United States or the state of Washington without
a prevailing market price must be sold at public auction.
Such bonds having a prevailing market price may be sold at
private sale not lower than the prevailing market price. Upon
any sale, any surplus above amounts due shall be returned to
the licensee, and the licensee shall deposit with the director
additional security sufficient to meet the amount required by
the director. A deposit given instead of the bond required by
this section shall not be deemed an asset of the licensee for
the purpose of complying with the liquid asset provisions of
this chapter. [2003 c 86 § 3; 2001 c 177 § 11; 1995 c 18 § 4;
1994 c 92 § 276; 1993 c 176 § 1; 1991 c 355 § 3.]
31.45.050
the business of cashing or selling checks, or both, or a small
loan endorsement, if the director determines to his or her satisfaction that:
(a) The applicant has satisfied the requirements of RCW
31.45.030;
(b) The applicant is financially responsible and appears
to be able to conduct the business of cashing or selling checks
or making small loans in an honest, fair, and efficient manner
with the confidence and trust of the community; and
(c) The applicant has the required bonds, or has provided
an acceptable alternative form of financial security.
(2) The director may refuse to issue a license or small
loan endorsement if he or she finds that the applicant, or any
person who is a director, officer, partner, agent, sole proprietor, owner, or controlling person of the applicant, has been
convicted of a felony in any jurisdiction within seven years of
filing the present application or is associating or consorting
with any person who has been convicted of a felony in any
jurisdiction within seven years of filing the present application. The term "substantial stockholder" as used in this subsection, means a person owning or controlling ten percent or
more of the total outstanding shares of the applicant corporation.
(3) A license or small loan endorsement may not be
issued to an applicant:
(a) Whose license to conduct business under this chapter,
or any similar statute in any other jurisdiction, has been suspended or revoked within five years of the filing of the
present application;
(b) Who has been banned from the industry by an administrative order issued by the director or the director's designee, for the period specified in the administrative order; or
(c) When any person who is a sole proprietor, owner,
director, officer, partner, agent, or controlling person of the
applicant has been banned from the industry in an administrative order issued by the director, for the period specified in
the administrative order.
(4) A license or small loan endorsement issued under this
chapter shall be conspicuously posted in the place of business
of the licensee. The license is not transferable or assignable.
(5) A license or small loan endorsement issued in accordance with this chapter remains in force and effect until surrendered, suspended, or revoked, or until the license expires
as a result of nonpayment of the annual assessment fee.
[2003 c 86 § 4; 1996 c 13 § 1; 1995 c 18 § 5; 1994 c 92 § 277;
1991 c 355 § 4.]
31.45.050
Effective date—2001 c 177: See note following RCW 43.320.080.
Effective date—1993 c 176: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 30, 1993]." [1993 c 176 § 2.]
Examination reports and information from financial institutions exempt:
RCW 42.17.31911.
31.45.040
31.45.040 Application for license or small loan
endorsement—Financial responsibility—Director's
investigation. (1) The director shall conduct an investigation
of every applicant to determine the financial responsibility,
experience, character, and general fitness of the applicant.
The director shall issue the applicant a license to engage in
31.45.050 Investigation or examination fee and
annual assessment fee required—Amounts determined
by rule—Failure to pay—Notice requirements of licensee.
(1) Each applicant and licensee shall pay to the director an
investigation or examination fee as established in rule and an
annual assessment fee for the coming year in an amount
determined by rule as necessary to cover the operation of the
program. The annual assessment fee is due upon the annual
assessment fee due date as established in rule. Nonpayment
of the annual assessment fee may result in expiration of the
license as provided in subsection (2) of this section. In establishing the fees, the director shall differentiate between check
cashing and check selling and making small loans, and consider at least the volume of business, level of risk, and poten[2003 RCW Supp—page 399]
31.45.060
Title 31 RCW: Miscellaneous Loan Agencies
tial harm to the public related to each activity. The fees collected shall be deposited to the credit of the financial services
regulation fund in accordance with RCW 43.320.110.
(2) If a licensee does not pay its annual assessment fee by
the annual assessment fee due date as specified in rule, the
director or the director's designee shall send the licensee a
notice of suspension and assess the licensee a late fee not to
exceed twenty-five percent of the annual assessment fee as
established in rule by the director. The licensee's payment of
both the annual assessment fee and the late fee must arrive in
the department's offices by 5:00 p.m. on the tenth day after
the annual assessment fee due date, unless the department is
not open for business on that date, in which case the licensee's
payment of both the annual assessment fee and the late fee
must arrive in the department's offices by 5:00 p.m. on the
next occurring day that the department is open for business.
If the payment of both the annual assessment fee and the late
fee does not arrive prior to such time and date, then the expiration of the licensee's license is effective at 5:00 p.m. on the
thirtieth day after the assessment fee due date. The director
or the director's designee may reinstate the license if, within
twenty days after the effective date of expiration, the licensee:
(a) Pays both the annual assessment fee and the late fee;
and
(b) Attests under penalty of perjury that it did not engage
in conduct requiring a license under this chapter during the
period its license was expired, as confirmed by an investigation by the director or the director's designee.
(3) If a licensee intends to do business at a new location,
to close an existing place of business, or to relocate an existing place of business, the licensee shall provide written notification of that intention to the director no less than thirty
days before the proposed establishing, closing, or moving of
a place of business. [2003 c 86 § 5; 2001 c 177 § 12; 1996 c
13 § 2; 1995 c 18 § 6; 1994 c 92 § 278; 1991 c 355 § 5.]
Effective date—2001 c 177: See note following RCW 43.320.080.
31.45.060
31.45.060 Licensee—Schedule of fee and charges—
Recordkeeping. (1) A schedule of the fees and the charges
for the cashing and selling of checks, drafts, money orders, or
other commercial paper serving the same purpose shall be
conspicuously and continuously posted in every location
licensed under this chapter. The licensee shall provide to its
customer a receipt for each transaction. The receipt must
include the name of the licensee, the type and amount of the
transaction, and the fee or fees charged for the transaction.
(2) Each licensee shall keep and maintain such business
books, accounts, and records as the director may require to
fulfill the purposes of this chapter. Every licensee shall preserve such books, accounts, and records as required in rule by
the director for at least two years from the completion of the
transaction. Records may be maintained on an electronic,
magnetic, optical, or other storage media. However, the licensee must maintain the necessary technology to permit
access to the records by the department for the period
required under this chapter.
(3) A check, draft, or money order sold by a licensee
shall be drawn on an account of a licensee maintained in a
federally insured financial institution authorized to do busi[2003 RCW Supp—page 400]
ness in the state of Washington. [2003 c 86 § 6; 1994 c 92 §
279; 1991 c 355 § 6.]
31.45.070
31.45.070 Licensee—Permissible transactions—
Restrictions. (1) No licensee may engage in a loan business
or the negotiation of loans or the discounting of notes, bills of
exchange, checks, or other evidences of debt on the same premises where a check cashing or selling business is conducted,
unless the licensee:
(a) Is conducting the activities of pawnbroker as defined
in RCW 19.60.010;
(b) Is a properly licensed consumer loan company under
chapter 31.04 RCW;
(c) Is conducting other lending activity permitted in the
state of Washington; or
(d) Has a small loan endorsement.
(2) Except as otherwise permitted in this chapter, no licensee may at any time cash or advance any moneys on a postdated check or draft. However, a licensee may cash a check
payable on the first banking day following the date of cashing
if:
(a) The check is drawn by the United States, the state of
Washington, or any political subdivision of the state, or by
any department or agency of the state or its subdivisions; or
(b) The check is a payroll check drawn by an employer
to the order of its employee in payment for services performed by the employee.
(3) Except as otherwise permitted in this chapter, no licensee may agree to hold a check or draft for later deposit. A
licensee shall deposit all checks and drafts cashed by the licensee as soon as practicable.
(4) No licensee may issue or cause to be issued any
check, draft, or money order, or other commercial paper serving the same purpose, that is drawn upon the trust account of
a licensee without concurrently receiving the full principal
amount, in cash, or by check, draft, or money order from a
third party believed to be valid.
(5) No licensee may advertise, print, display, publish,
distribute, or broadcast or cause or permit to be advertised,
printed, displayed, published, distributed, or broadcast, any
statement or representation that is false, misleading, or
deceptive, or that omits material information, or that refers to
the supervision of the licensee by the state of Washington or
any department or official of the state.
(6) Each licensee shall comply with all applicable federal
statutes governing currency transaction reporting. [2003 c 86
§ 7; 1995 c 18 § 7; 1994 c 92 § 280; 1991 c 355 § 7.]
31.45.073
31.45.073 Making small loans—Endorsement
required—Termination date—Maximum amount—
Interest—Fees—Postdated check or draft as security. (1)
No licensee may engage in the business of making small
loans without first obtaining a small loan endorsement to its
license from the director in accordance with this chapter. An
endorsement will be required for each location where a licensee engages in the business of making small loans, but a
small loan endorsement may authorize a licensee to make
small loans at a location different than the licensed locations
where it cashes or sells checks. A licensee may have more
than one endorsement.
Check Cashers and Sellers
(2) The termination date of a small loan may not exceed
the origination date of that same small loan by more than
forty-five days, including weekends and holidays, unless the
term of the loan is extended by agreement of both the borrower and the licensee and no additional fee or interest is
charged. The maximum principal amount of any small loan,
or the outstanding principal balances of all small loans made
by a licensee to a single borrower at any one time, may not
exceed seven hundred dollars.
(3) A licensee that has obtained the required small loan
endorsement may charge interest or fees for small loans not
to exceed in the aggregate fifteen percent of the first five hundred dollars of principal. If the principal exceeds five hundred dollars, a licensee may charge interest or fees not to
exceed in the aggregate ten percent of that portion of the principal in excess of five hundred dollars. If a licensee makes
more than one loan to a single borrower, and the aggregated
principal of all loans made to that borrower exceeds five hundred dollars at any one time, the licensee may charge interest
or fees not to exceed in the aggregate ten percent on that portion of the aggregated principal of all loans at any one time
that is in excess of five hundred dollars. The director may
determine by rule which fees, if any, are not subject to the
interest or fee limitations described in this section. It is a violation of this chapter for any licensee to knowingly loan to a
single borrower at any one time, in a single loan or in the
aggregate, more than the maximum principal amount
described in this section.
(4) In connection with making a small loan, a licensee
may advance moneys on the security of a postdated check.
The licensee may not accept any other property, title to property, or other evidence of ownership of property as collateral
for a small loan. The licensee may accept only one postdated
check per loan as security for the loan. A licensee may permit a borrower to redeem a postdated check with a payment
of cash or the equivalent of cash. The licensee may disburse
the proceeds of a small loan in cash, in the form of a check, or
in the form of the electronic equivalent of cash or a check.
(5) No person may at any time cash or advance any moneys on a postdated check or draft in excess of the amount of
goods or services purchased without first obtaining a small
loan endorsement to a check casher or check seller license.
[2003 c 86 § 8; 1995 c 18 § 2.]
31.45.077
31.45.077 Small loan endorsement—Application—
Form—Information—Exemption from disclosure—Fees.
(1) Each application for a small loan endorsement to a check
casher or check seller license must be in writing and in a form
prescribed by the director and shall contain the following
information:
(a) The legal name, residence, and business address of
the applicant, and if the applicant is a partnership, corporation, or association, the name and address of every member,
partner, officer, and director thereof;
(b) The street and mailing address of each location where
the licensee will engage in the business of making small
loans;
(c) A surety bond, or other security allowed under RCW
31.45.030, in the amount required; and
(d) Any other pertinent information, including financial
statements, as the director may require with respect to the lic-
31.45.084
ensee and its directors, officers, trustees, members, or
employees.
(2) Any information in the application regarding the licensee's personal residential address or telephone number, and
any trade secrets of the licensee as defined under RCW
19.108.010 including any financial statement that is a trade
secret, is exempt from the public records disclosure requirements of chapter 42.17 RCW.
(3) The application shall be filed together with an investigation and review fee established by rule by the director.
Fees collected shall be deposited to the credit of the financial
services regulation fund in accordance with RCW
43.320.110. [2003 c 86 § 9; 2001 c 177 § 13; 1995 c 18 § 3.]
Effective date—2001 c 177: See note following RCW 43.320.080.
31.45.079
31.45.079 Making small loans—Agent for a licensee
or exempt entity—Federal preemption. A person may not
engage in the business of making small loans as an agent for
a licensee or exempt entity without first obtaining a small
loan endorsement to a check casher or check seller license
under this chapter. An agent of a licensee or exempt entity
engaged in the business of making small loans is subject to
this chapter. To the extent that federal law preempts the
applicability of any part of this chapter, all other parts of this
chapter remain in effect. [2003 c 86 § 10.]
31.45.082
31.45.082 Delinquent small loan—Collection by licensee or third party. A licensee shall comply with all applicable state and federal laws when collecting a delinquent
small loan. A licensee may charge a one-time fee as determined in rule by the director to any borrower in default on
any loan or loans where the borrower's check has been
returned unpaid by the financial institution upon which it was
drawn. A licensee may take civil action under Title 62A
RCW to collect upon a check that has been dishonored. If the
licensee takes civil action, a licensee may charge the borrower the cost of collection as allowed under RCW 62A.3515, but may not collect attorneys' fees or any other interest
or damages as allowed under RCW 62A.3-515. A licensee
may not threaten criminal prosecution as a method of collecting a delinquent small loan. If a dishonored check is assigned
to any third party for collection, this section applies to the
third party for the collection of the dishonored check. [2003
c 86 § 11.]
31.45.084
31.45.084 Small loan payment plan—Terms—
Restrictions. (1) A licensee and borrower may agree to a
payment plan for a small loan at any time. After four successive loans and prior to default upon the last loan, each borrower may convert their small loan to a payment plan. Each
agreement for a loan payment plan must be in writing and
acknowledged by both the borrower and the licensee. The
licensee may charge the borrower, at the time both parties
enter into the payment plan, a one-time fee for the payment
plan in an amount up to the fee or interest on the outstanding
principal of the loan as allowed under RCW 31.45.073(3).
The licensee may not assess any other fee, interest charge, or
other charge on the borrower as a result of converting the
small loan into a payment plan. This payment plan must provide for the payment of the total of payments due on the small
[2003 RCW Supp—page 401]
31.45.086
Title 31 RCW: Miscellaneous Loan Agencies
loan over a period not less than sixty days in three or more
payments, unless the borrower and licensee agree to a shorter
payment period. The borrower may pay the total of payments
at any time. The licensee may not charge any penalty, fee, or
charge to the borrower for prepayment of the loan payment
plan by the borrower. Each licensee shall conspicuously disclose to each borrower in the small loan agreement or small
loan note that the borrower has access to such a payment plan
after four successive loans. A licensee's violation of such a
payment plan constitutes a violation of this chapter.
(2) The licensee may take postdated checks at the initiation of the payment plan for the payments agreed to under the
plan. If any check accepted by the licensee as payment under
the payment plan is dishonored, the licensee may not charge
the borrower any fee for the dishonored check.
(3) If the borrower defaults on the payment plan, the licensee may initiate action to collect the total of payments
under RCW 31.45.082. The licensee may charge the borrower a one-time payment plan default fee of twenty-five dollars.
(4) If the licensee enters into a payment plan with the
borrower through an accredited third party, with certified
credit counselors, that is representing the borrower, the licensee's failure to comply with the terms of that payment plan
constitutes a violation of this chapter. [2003 c 86 § 12.]
Effective date—2003 c 86 § 12: "Section 12 of this act takes effect
October 1, 2003." [2003 c 86 § 20.]
31.45.086
31.45.086 Small loans—Right of rescission. A borrower may rescind a loan, on or before the close of business
on the next day of business at the location where the loan was
originated, by returning the principal in cash or the original
check disbursed by the licensee to fund the small loan. The
licensee may not charge the borrower for rescinding the loan
and shall return to the borrower any postdated check taken as
security for the loan or any electronic equivalent. The licensee shall conspicuously disclose to the borrower this right
of rescission in writing in the small loan agreement or small
loan note. [2003 c 86 § 13.]
31.45.088
31.45.088 Small loans—Disclosure requirements—
Advertising—Making loan. (1) When advertising the availability of small loans, if a licensee includes in an advertisement the fee or interest rate charged by the licensee for a
small loan, then the licensee shall also disclose the annual
percentage rate resulting from this fee or interest rate.
(2) When advertising the availability of small loans,
compliance with all applicable state and federal laws and regulations, including the truth in lending act, 15 U.S.C. Sec.
1601 and Regulation Z, 12 C.F.R. Sec. 226 constitutes compliance with subsection (1) of this section.
(3) When making a small loan, each licensee shall disclose to the borrower the terms of the small loan, including
the principal amount of the small loan, the total of payments
of the small loan, the fee or interest rate charged by the licensee on the small loan, and the annual percentage rate resulting from this fee or interest rate.
(4) When making a small loan, disclosure of the terms of
the small loan in compliance with all applicable state and federal laws and regulations, including the truth in lending act,
15 U.S.C. Sec. 1601 and Regulation Z, 12 C.F.R. Sec. 226
[2003 RCW Supp—page 402]
constitutes compliance with subsection (3) of this section.
[2003 c 86 § 14.]
31.45.090
31.45.090 Report requirements—Disclosure of information—Rules. (1) Each licensee shall submit to the director, in a form approved by the director, a report containing
financial statements covering the calendar year or, if the licensee has an established fiscal year, then for such fiscal year,
within one hundred five days after the close of each calendar
or fiscal year. The licensee shall also file such additional relevant information as the director may require. Any information provided by a licensee in an annual report that constitutes
a trade secret under chapter 19.108 RCW is exempt from disclosure under chapter 42.17 RCW, unless aggregated with
information supplied by other licensees in such a manner that
the licensee's individual information is not identifiable. Any
information provided by the licensee that allows identification of the licensee may only be used for purposes reasonably
related to the regulation of licensees to ensure compliance
with this chapter.
(2) A licensee whose license has been suspended or
revoked shall submit to the director, at the licensee's expense,
within one hundred five days after the effective date of such
surrender or revocation, a closing audit report containing
audited financial statements as of such effective date for the
twelve months ending with such effective date.
(3) The director shall adopt rules specifying the form and
content of such audit reports and may require additional
reporting as is necessary for the director to ensure compliance
with this chapter. [2003 c 86 § 15; 1994 c 92 § 282; 1991 c
355 § 9.]
31.45.100
31.45.100 Examination or investigation—Director's
authority—Costs. The director or the director's designee
may at any time examine and investigate the business and
examine the books, accounts, records, and files, or other
information, wherever located, of any licensee or person who
the director has reason to believe is engaging in the business
governed by this chapter. For these purposes, the director or
the director's designee may require the attendance of and
examine under oath all persons whose testimony may be
required about the business or the subject matter of the investigation. The director or the director's designee may require
the production of original books, accounts, records, files, or
other information, or may make copies of such original
books, accounts, records, files, or other information. The
director or the director's designee may issue a subpoena or
subpoena duces tecum requiring attendance and testimony, or
the production of the books, accounts, records, files, or other
information. The director shall collect from the licensee the
actual cost of the examination or investigation. [2003 c 86 §
16; 1994 c 92 § 283; 1991 c 355 § 10.]
31.45.110
31.45.110 Violations or unsound financial practices—Statement of charges—Hearing—Sanctions—
Director's authority. (1) The director may issue and serve
upon a licensee or applicant a statement of charges if, in the
opinion of the director, any licensee or applicant:
Mutual Savings Banks
(a) Is engaging or has engaged in an unsafe or unsound
financial practice in conducting the business of a check seller
governed by this chapter;
(b) Is violating or has violated this chapter, including
rules, orders, or subpoenas, any rule adopted under chapter
86, Laws of 2003, any order issued under chapter 86, Laws of
2003, any subpoena issued under chapter 86, Laws of 2003,
or any condition imposed in writing by the director or the
director's designee in connection with the granting of any
application or other request by the licensee or any written
agreement made with the director;
(c) Is about to do the acts prohibited in (a) or (b) of this
subsection when the opinion that the threat exists is based
upon reasonable cause;
(d) Obtains a license by means of fraud, misrepresentation, concealment, or through mistake or inadvertence of the
director;
(e) Provides false statements or omissions of material
information on the application that, if known, would have
allowed the director to deny the application for the original
license;
(f) Fails to pay a fee required by the director or maintain
the required bond;
(g) Commits a crime against the laws of the state of
Washington or any other state or government involving
moral turpitude, financial misconduct, or dishonest dealings;
(h) Knowingly commits or is a party to any material
fraud, misrepresentation, concealment, conspiracy, collusion,
trick, scheme, or device whereby any other person relying
upon the word, representation, or conduct acts to his or her
injury or damage;
(i) Converts any money or its equivalent to his or her
own use or to the use of his or her principal or of any other
person;
(j) Fails, upon demand by the director or the director's
designee, to disclose any information within his or her
knowledge to, or to produce any document, book, or record in
his or her possession for inspection of, the director or the
director's designee;
(k) Commits any act of fraudulent or dishonest dealing,
and a certified copy of the final holding of any court, tribunal,
agency, or administrative body of competent jurisdiction
regarding that act is conclusive evidence in any hearing under
this chapter; or
(l) Commits an act or engages in conduct that demonstrates incompetence or untrustworthiness, or is a source of
injury and loss to the public.
(2) The statement of charges shall be issued under chapter 34.05 RCW. The director or the director's designee may
impose the following sanctions against any licensee or applicant, or any director, officer, sole proprietor, partner, controlling person, or employee of a licensee or applicant:
(a) Deny, revoke, suspend, or condition the license;
(b) Order the licensee to cease and desist from practices
in violation of this chapter or practices that constitute unsafe
and unsound financial practices in the sale of checks;
(c) Impose a fine not to exceed one hundred dollars per
day for each day's violation of this chapter;
(d) Order restitution to borrowers or other parties damaged by the licensee's violation of this chapter or take other
32.04.100
affirmative action as necessary to comply with this chapter;
and
(e) Remove from office or ban from participation in the
affairs of any licensee any director, officer, sole proprietor,
partner, controlling person, or employee of a licensee.
(3) The proceedings to impose the sanctions described in
subsection (2) of this section, including any hearing or appeal
of the statement of charges, are governed by chapter 34.05
RCW.
Unless the licensee personally appears at the hearing or
is represented by a duly authorized representative, the licensee is deemed to have consented to the statement of
charges and the sanctions imposed in the statement of
charges. [2003 c 86 § 17; 1994 c 92 § 284; 1991 c 355 § 11.]
31.45.120
31.45.120 Violations or unsound practices—Temporary cease and desist order—Director's authority. Whenever the director determines that the acts specified in RCW
31.45.110 or their continuation is likely to cause insolvency
or substantial injury to the public, the director may also issue
a temporary cease and desist order requiring the licensee to
cease and desist from the violation or practice. The order
becomes effective upon service upon the licensee and
remains effective unless set aside, limited, or suspended by a
court under RCW 31.45.130 pending the completion of the
administrative proceedings under the notice and until such
time as the director dismisses the charges specified in the
notice or until the effective date of the cease and desist order
issued against the licensee under RCW 31.45.110. [2003 c
86 § 18; 1994 c 92 § 285; 1991 c 355 § 12.]
31.45.170
31.45.170 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
Title 32
Title 32
MUTUAL SAVINGS BANKS
Chapters
32.04 General provisions.
32.08 Organization and powers.
32.24 Insolvency and liquidation.
32.32 Conversion of mutual savings bank to capital
stock savings bank.
Chapter 32.04
Chapter 32.04 RCW
GENERAL PROVISIONS
Sections
32.04.100
32.04.110
Penalty for falsification. (Effective July 1, 2004.)
Penalty for concealing or destroying evidence. (Effective July
1, 2004.)
32.04.100
32.04.100 Penalty for falsification. (Effective July 1,
2004.) Every person who knowingly subscribes to or makes
or causes to be made any false statement or false entry in the
books of any savings bank, or knowingly subscribes to or
exhibits any false or fictitious security, document or paper,
with the intent to deceive any person authorized to examine
into the affairs of any savings bank, or makes or publishes
any false statement of the amount of the assets or liabilities of
[2003 RCW Supp—page 403]
32.04.110
Title 32 RCW: Mutual Savings Banks
any such savings bank is guilty of a class B felony punishable
according to chapter 9A.20 RCW. [2003 c 53 § 194; 1955 c
13 § 32.04.100. Prior: 1931 c 132 § 11; RRS § 3379b.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
32.04.110
32.04.110 Penalty for concealing or destroying evidence. (Effective July 1, 2004.) Every trustee, officer,
employee, or agent of any savings bank who for the purpose
of concealing any fact suppresses any evidence against himself or herself, or against any other person, or who abstracts,
removes, mutilates, destroys, or secretes any paper, book, or
record of any savings bank, or of the director, or anyone connected with his or her office is guilty of a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 195;
1994 c 92 § 299; 1955 c 13 § 32.04.110. Prior: 1931 c 132 §
12; RRS § 3379c.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 32.08
Chapter 32.08 RCW
ORGANIZATION AND POWERS
32.08.153
32.08.155
32.08.157
Severability—2003 c 24: See RCW 30.04.901.
Severability—1999 c 14: See RCW 32.35.900.
Severability—1996 c 2: See RCW 30.38.900.
Sections
32.08.142
32.08.146
federal mutual savings banks or their successors under federal law, only if the director finds that the exercise of such
powers and authorities:
(1) Serves the convenience and advantage of depositors
and borrowers; and
(2) Maintains the fairness of competition and parity
between state-chartered savings banks and federal savings
banks or their successors under federal law.
As used in this section, "powers and authorities" include
without limitation powers and authorities in corporate governance matters.
The restrictions, limitations, and requirements applicable to specific powers or authorities of federal mutual savings
banks or their successors under federal law shall apply to
mutual savings banks exercising those powers or authorities
permitted under this section but only insofar as the restrictions, limitations, and requirements relate to exercising the
powers or authorities granted mutual savings banks solely
under this section. [2003 c 24 § 8; 1999 c 14 § 19; 1996 c 2
§ 25; 1994 c 256 § 99.]
Additional powers—Powers of federal mutual savings bank.
Additional powers—Powers and authorities granted to federal
mutual savings banks after July 27, 2003—Restrictions.
Additional powers—Powers and authorities of national banks
as of July 27, 2003.
Additional powers—Powers and authorities conferred upon
national banks after July 27, 2003—Restrictions.
Additional powers—Powers and authorities of banks.
32.08.142
32.08.142 Additional powers—Powers of federal
mutual savings bank. Notwithstanding any restrictions,
limitations, and requirements of law, in addition to all powers, express or implied, that a mutual savings bank has under
the laws of this state, a mutual savings bank shall have the
powers and authorities that any federal mutual savings bank
had on July 28, 1985, or a subsequent date not later than July
27, 2003. As used in this section, "powers and authorities"
include without limitation powers and authorities in corporate governance matters.
The restrictions, limitations, and requirements applicable to specific powers or authorities of federal mutual savings
banks shall apply to mutual savings banks exercising those
powers or authorities permitted under this section but only
insofar as the restrictions, limitations, and requirements relate
to exercising the powers or authorities granted mutual savings banks solely under this section. [2003 c 24 § 7; 1999 c
14 § 18; 1996 c 2 § 24; 1994 c 256 § 98; 1985 c 56 § 3; 1981
c 86 § 10.]
Severability—2003 c 24: See RCW 30.04.901.
Severability—1999 c 14: See RCW 32.35.900.
Severability—1996 c 2: See RCW 30.38.900.
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1981 c 86: See note following RCW 32.08.140.
32.08.146
32.08.146 Additional powers—Powers and authorities granted to federal mutual savings banks after July 27,
2003—Restrictions. A mutual savings bank may exercise
the powers and authorities granted, after July 27, 2003, to
[2003 RCW Supp—page 404]
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.08.153
32.08.153 Additional powers—Powers and authorities of national banks as of July 27, 2003. Notwithstanding
any restrictions, limitations, and requirements of law, in addition to all powers, express or implied, that a mutual savings
bank has under the laws of this state, a mutual savings bank
shall have the powers and authorities that national banks had
on July 27, 2003.
The restrictions, limitations, and requirements applicable to specific powers or authorities of national banks apply
to mutual savings banks exercising those powers or authorities permitted under this section but only insofar as the
restrictions, limitations, and requirements relate to exercising
the powers or authorities granted mutual savings banks solely
under this section. [2003 c 24 § 4.]
Severability—2003 c 24: See RCW 30.04.901.
32.08.155
32.08.155 Additional powers—Powers and authorities conferred upon national banks after July 27, 2003—
Restrictions. Notwithstanding any restrictions, limitations,
and requirements of law, in addition to all powers, express or
implied, that a mutual savings bank has under the laws of this
state, a mutual savings bank shall have the powers and
authorities conferred upon a national bank after July 27,
2003, only if the director finds that the exercise of such powers and authorities:
(1) Serves the convenience and advantage of depositors,
borrowers, or the general public; and
(2) Maintains the fairness of competition and parity
between mutual savings banks and national banks.
As used in this section, "powers and authorities" include
without limitation powers and authorities in corporate governance and operational matters.
The restrictions, limitations, and requirements applicable to specific powers or authorities of national banks apply
to mutual savings banks exercising those powers or authori-
Insolvency and Liquidation
ties permitted under this section but only insofar as the
restrictions, limitations, and requirements relate to exercising
the powers or authorities granted mutual savings banks solely
under this section. [2003 c 24 § 5.]
Severability—2003 c 24: See RCW 30.04.901.
32.08.157
32.08.157 Additional powers—Powers and authorities of banks. Notwithstanding any restrictions, limitations,
and requirements of law, in addition to all powers, express or
implied, that a mutual savings bank has under this title, a
mutual savings bank has the powers and authorities that a
bank has under Title 30 RCW. As used in this section, "powers and authorities" include without limitation powers and
authorities in corporate governance matters.
The restrictions, limitations, and requirements applicable to specific powers or authorities of banks apply to mutual
savings banks exercising those powers or authorities permitted under this section but only insofar as the restrictions, limitations, and requirements relate to exercising the powers or
authorities granted mutual savings banks solely under this
section. [2003 c 24 § 6.]
Severability—2003 c 24: See RCW 30.04.901.
Chapter 32.24
Chapter 32.24 RCW
INSOLVENCY AND LIQUIDATION
Sections
32.24.080
Transfer of assets when insolvent—Penalty. (Effective July 1,
2004.)
32.24.080
32.24.080 Transfer of assets when insolvent—Penalty. (Effective July 1, 2004.) (1) Every transfer of its property or assets by any mutual savings bank in this state, made
(a) after it has become insolvent, (b) within ninety days
before the date the director takes possession of such savings
bank under RCW 32.24.050 or the federal deposit insurance
corporation is appointed as receiver or liquidator of such savings bank under RCW 32.24.090, and (c) with the view to the
preference of one creditor over another or to prevent equal
distribution of its property and assets among its creditors,
shall be void.
(2) Every trustee, officer, or employee making any transfer described in subsection (1) of this section is guilty of a
class B felony punishable according to chapter 9A.20 RCW.
[2003 c 53 § 196; 1994 c 92 § 346; 1985 c 56 § 15; 1955 c 13
§ 32.24.080. Prior: 1931 c 132 § 10; RRS § 3379a.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 32.32 RCW
CONVERSION OF MUTUAL SAVINGS BANK TO
CAPITAL STOCK SAVINGS BANK
Chapter 32.32
Sections
32.32.500
32.32.500
33.24.360
tory institution as defined in 12 U.S.C. Sec. 461, any financial institution chartered or authorized to do business under
the laws of any state, territory, province, or other jurisdiction
of the United States or another nation, or any holding company or subsidiary of such an institution, subject to the
approval of (a) the director of financial institutions if the surviving institution is one chartered under Title 30, 31, 32, or
33 RCW, or (b) if the surviving institution is to be a bank,
savings bank, savings and loan association, or other depository institution that is federally chartered under the laws of
the United States, the federal regulatory authority having
jurisdiction over the transaction under the applicable laws, or
(c) if the surviving institution is to be a bank, savings bank,
savings and loan association, or other depository or financial
institution that is chartered under the laws of another state or
territory of the United States, the regulatory authority having
jurisdiction over that transaction under the applicable laws, or
(d) if the surviving institution is to be a bank, savings bank,
savings and loan association, or other depository or financial
institution that is chartered under the laws of a nation other
than the United States or of a state, territory, province, or
other jurisdiction of such nation, the director of financial
institutions, or (e) if the surviving institution is to be a bank
holding company or financial holding company, the Federal
Reserve Board or its successor under 12 U.S.C. Sec. 1842 (a)
and (d).
(2) In the case of a liquidation, acquisition, merger, consolidation, or conversion of a converted savings bank, chapter 32.34 RCW shall apply.
(3) The concentration limits applicable to these transactions, pursuant to 12 U.S.C. Sec. 1831u(b)(2)(C) with respect
to interstate transactions, shall be those imposed pursuant to
12 U.S.C. Sec. 1828(c)(5), as applied by the federal regulatory authority having jurisdiction over that transaction under
the applicable law, in lieu of the concentration limits of 12
U.S.C. Sec. 1831u(b)(2)(B). [2003 c 24 § 9; 1999 c 14 § 30;
1996 c 2 § 28. Prior: 1994 c 256 § 111; 1994 c 92 § 404;
1985 c 56 § 31; 1981 c 85 § 99.]
Severability—2003 c 24: See RCW 30.04.901.
Severability—1999 c 14: See RCW 32.35.900.
Severability—1996 c 2: See RCW 30.38.900.
Findings—Construction—1994 c 256: See RCW 43.320.007.
Title 33
Title 33
SAVINGS AND LOAN ASSOCIATIONS
Chapters
33.24 Loans and investments.
Chapter 33.24
Chapter 33.24 RCW
LOANS AND INVESTMENTS
Sections
Merger, consolidation, conversion, etc.—Approval—Concentration limits.
32.32.500 Merger, consolidation, conversion, etc.—
Approval—Concentration limits. (1) A savings bank may
merge with, consolidate with, convert into, acquire a branch
or branches of, or sell its branch or branches to any deposi-
33.24.360
33.24.380
Acquisition of control of association—Unlawful, when—
Application—Contents—Notice to other associations—Penalty. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
33.24.360
33.24.360 Acquisition of control of association—
Unlawful, when—Application—Contents—Notice to
[2003 RCW Supp—page 405]
33.24.380
Title 34 RCW: Administrative Law
other associations—Penalty. (Effective July 1, 2004.) (1)
It is unlawful for any acquiring party to acquire control of an
association until thirty days after the date of filing with the
director an application containing substantially all of the following information and any additional information that the
director may prescribe as necessary or appropriate in the public interest or for the protection of deposit account holders,
borrowers or stockholders:
(a) The identity, character, and experience of each
acquiring party by whom or on whose behalf acquisition is to
be made;
(b) The financial and managerial resources and future
prospects of each acquiring party involved in the acquisition;
(c) The terms and conditions of any proposed acquisition
and the manner in which such acquisition is to be made;
(d) The source and amount of the funds or other consideration used or to be used in making the acquisition and, if
any part of these funds or other consideration has been or is
to be borrowed or otherwise obtained for the purpose of making the acquisition, a description of the transaction and the
names of the parties. However, where a source of funds is a
loan made in the lender's ordinary course of business, if the
person filing the statement so requests, the director shall not
disclose the name of the lender to the public;
(e) Any plans or proposals which any acquiring party
making the acquisition may have to liquidate the association
to sell its assets, to merge it with any company, or to make
any other major changes in its business or corporate structure
or management;
(f) The identification of any persons employed, retained
or to be compensated by the acquiring party, or by any person
on his or her behalf, who makes solicitations or recommendations to stockholders for the purpose of assisting in the acquisition, and brief description of the terms of such employment,
retainer, or arrangements for compensation;
(g) Copies of all invitations for tenders or advertisements
making a tender offer to stockholders for purchase of their
stock to be used in connection with the proposed acquisition.
(2) When an unincorporated company is required to file
the statements under subsection (1)(a), (b), and (f) of this section, the director may require that the information be given
with respect to each partner of a partnership or limited partnership, by each member of a syndicate or group, and by each
person who controls a partner or member. When an incorporated company is required to file the statements under subsection (1)(a), (b), and (f) of this section, the director may
require that the information be given for the corporation and
for each officer and director of the corporation and for each
person who is directly or indirectly the beneficial owner of
twenty-five percent or more of the outstanding voting securities of the corporation. If any tender offer, request or invitation for tenders or other agreement to acquire control is proposed to be made by means of a registration statement under
the federal securities act of 1933 (48 Stat. 74, 15 U.S.C. Sec.
77a), as amended, or in circumstances requiring the disclosure of similar information under the federal securities
exchange act of 1934 (48 Stat. 881; 15 U.S.C. Sec. 77b), as
amended, or in an application filed with the federal home
loan bank board requiring similar disclosure, such registration statement or application may be filed with the director in
lieu of the requirements of this section.
[2003 RCW Supp—page 406]
(3) The director shall give notice by mail to all associations doing business within the state of the filing of an application to acquire control of an association. The association
shall transmit a check to the director for two hundred dollars
when filing the application to cover the expense of notification. Persons interested in protesting the application may
contact the director in person or by writing prior to a date
which shall be given in the notice.
(4) Any person who willfully violates this section, or any
regulation or order thereunder, is guilty of a misdemeanor
and shall be fined not more than one thousand dollars for
each day during which the violation continues. [2003 c 53 §
197; 1994 c 92 § 447; 1982 c 3 § 54; 1979 c 113 § 13; 1973 c
130 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1979 c 113: See note following RCW 33.04.020.
Severability—1973 c 130: See note following RCW 33.24.350.
33.24.380
33.24.380 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Title 34
Title 34
ADMINISTRATIVE LAW
Chapters
34.05 Administrative procedure act.
Chapter 34.05
Chapter 34.05 RCW
ADMINISTRATIVE PROCEDURE ACT
Sections
34.05.220
34.05.312
34.05.320
34.05.328
34.05.362
34.05.518
34.05.220
Rules for agency procedure—Indexes of opinions and statements.
Rules coordinator.
Notice of proposed rule—Contents—Distribution by
agency—Institutions of higher education.
Significant legislative rules, other selected rules.
Postadoption notice.
Direct review by court of appeals.
34.05.220 Rules for agency procedure—Indexes of
opinions and statements. (1) In addition to other rule-making requirements imposed by law:
(a) Each agency may adopt rules governing the formal
and informal procedures prescribed or authorized by this
chapter and rules of practice before the agency, together with
forms and instructions. If an agency has not adopted procedural rules under this section, the model rules adopted by the
chief administrative law judge under RCW 34.05.250 govern
procedures before the agency.
(b) To assist interested persons dealing with it, each
agency shall adopt as a rule a description of its organization,
stating the general course and method of its operations and
the methods whereby the public may obtain information and
make submissions or requests. No person may be required to
comply with agency procedure not adopted as a rule as herein
required.
Administrative Procedure Act
(2) To the extent not prohibited by federal law or regulation, nor prohibited for reasons of confidentiality by state
law, each agency shall keep on file for public inspection all
final orders, decisions, and opinions in adjudicative proceedings, interpretive statements, policy statements, and any
digest or index to those orders, decisions, opinions, or statements prepared by or for the agency.
(3) No agency order, decision, or opinion is valid or
effective against any person, nor may it be invoked by the
agency for any purpose, unless it is available for public
inspection. This subsection is not applicable in favor of any
person who has actual knowledge of the order, decision, or
opinion. The agency has the burden of proving that knowledge, but may meet that burden by proving that the person
has been properly served with a copy of the order.
(4) Each agency that is authorized by law to exercise discretion in deciding individual cases is encouraged to formalize the general principles that may evolve from these decisions by adopting the principles as rules that the agency will
follow until they are amended or repealed.
(5) To the extent practicable, any rule proposed or
adopted by an agency should be clearly and simply stated, so
that it can be understood by those required to comply.
(6) The departments of employment security, labor and
industries, ecology, and revenue shall develop and use a notification process to communicate information to the public
regarding the postadoption notice required by RCW
34.05.362. [2003 c 246 § 2; 1994 c 249 § 24; 1989 c 175 § 4;
1988 c 288 § 202; 1981 c 67 § 13; 1967 c 237 § 2; 1959 c 234
§ 2. Formerly RCW 34.04.020.]
Finding—2003 c 246: See note following RCW 34.05.362.
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.05.312
34.05.312 Rules coordinator. Each agency shall designate a rules coordinator, who shall have knowledge of the
subjects of rules being proposed or prepared within the
agency for proposal, maintain the records of any such action,
and respond to public inquiries about possible, proposed, or
adopted rules and the identity of agency personnel working,
reviewing, or commenting on them. The office and mailing
address of the rules coordinator shall be published in the state
register at the time of designation and in the first issue of each
calendar year thereafter for the duration of the designation.
The rules coordinator may be an employee of another agency.
[2003 c 246 § 4; 1993 c 202 § 3.]
Finding—2003 c 246: See note following RCW 34.05.362.
Finding—Intent—1993 c 202: See note following RCW 34.05.310.
34.05.320
34.05.320 Notice of proposed rule—Contents—Distribution by agency—Institutions of higher education. (1)
At least twenty days before the rule-making hearing at which
the agency receives public comment regarding adoption of a
rule, the agency shall cause notice of the hearing to be published in the state register. The publication constitutes the
proposal of a rule. The notice shall include all of the following:
34.05.320
(a) A title, a description of the rule's purpose, and any
other information which may be of assistance in identifying
the rule or its purpose;
(b) Citations of the statutory authority for adopting the
rule and the specific statute the rule is intended to implement;
(c) A summary of the rule and a statement of the reasons
supporting the proposed action;
(d) The agency personnel, with their office location and
telephone number, who are responsible for the drafting,
implementation, and enforcement of the rule;
(e) The name of the person or organization, whether private, public, or governmental, proposing the rule;
(f) Agency comments or recommendations, if any,
regarding statutory language, implementation, enforcement,
and fiscal matters pertaining to the rule;
(g) Whether the rule is necessary as the result of federal
law or federal or state court action, and if so, a copy of such
law or court decision shall be attached to the purpose statement;
(h) When, where, and how persons may present their
views on the proposed rule;
(i) The date on which the agency intends to adopt the
rule;
(j) A short explanation of the rule, its purpose, and anticipated effects, including in the case of a proposal that would
modify existing rules, a short description of the changes the
proposal would make;
(k) A copy of the small business economic impact statement prepared under chapter 19.85 RCW, or an explanation
for why the agency did not prepare the statement;
(l) A statement indicating whether RCW 34.05.328
applies to the rule adoption; and
(m) If RCW 34.05.328 does apply, a statement indicating that a copy of the preliminary cost-benefit analysis
described in RCW 34.05.328(1)(c) is available.
(2) Upon filing notice of the proposed rule with the code
reviser, the adopting agency shall have copies of the notice
on file and available for public inspection and shall forward
three copies of the notice to the rules review committee.
(3) No later than three days after its publication in the
state register, the agency shall cause a copy of the notice of
proposed rule adoption to be mailed to each person, city, and
county that has made a request to the agency for a mailed
copy of such notices. An agency may charge for the actual
cost of providing a requesting party mailed copies of these
notices.
(4) In addition to the notice required by subsections (1)
and (2) of this section, an institution of higher education shall
cause the notice to be published in the campus or standard
newspaper of the institution at least seven days before the
rule-making hearing. [2003 c 165 § 1; 1995 c 403 § 302;
1994 c 249 § 14; 1992 c 197 § 8; 1989 c 175 § 7; 1988 c 288
§ 303; 1982 c 221 § 2; 1982 c 6 § 7; 1980 c 186 § 10; 1977
ex.s. c 84 § 1. Formerly RCW 34.04.045.]
Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See
note following RCW 34.05.328.
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
[2003 RCW Supp—page 407]
34.05.328
Title 34 RCW: Administrative Law
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1982 c 6: See RCW 19.85.900.
Severability—1980 c 186: "If any provision of this 1980 act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1980 c 186 § 29.]
Expedited adoption: RCW 34.05.353.
Small business economic impact statement—Purpose—Contents: RCW
19.85.040.
34.05.328
34.05.328 Significant legislative rules, other selected
rules. (1) Before adopting a rule described in subsection (5)
of this section, an agency shall:
(a) Clearly state in detail the general goals and specific
objectives of the statute that the rule implements;
(b) Determine that the rule is needed to achieve the general goals and specific objectives stated under (a) of this subsection, and analyze alternatives to rule making and the consequences of not adopting the rule;
(c) Provide notification in the notice of proposed rule
making under RCW 34.05.320 that a preliminary cost-benefit
analysis is available. The preliminary cost-benefit analysis
must fulfill the requirements of the cost-benefit analysis
under (d) of this subsection. If the agency files a supplemental notice under RCW 34.05.340, the supplemental notice
shall include notification that a revised preliminary cost-benefit analysis is available. A final cost-benefit analysis shall
be available when the rule is adopted under RCW 34.05.360;
(d) Determine that the probable benefits of the rule are
greater than its probable costs, taking into account both the
qualitative and quantitative benefits and costs and the specific directives of the statute being implemented;
(e) Determine, after considering alternative versions of
the rule and the analysis required under (b), (c), and (d) of this
subsection, that the rule being adopted is the least burdensome alternative for those required to comply with it that will
achieve the general goals and specific objectives stated under
(a) of this subsection;
(f) Determine that the rule does not require those to
whom it applies to take an action that violates requirements
of another federal or state law;
(g) Determine that the rule does not impose more stringent performance requirements on private entities than on
public entities unless required to do so by federal or state law;
(h) Determine if the rule differs from any federal regulation or statute applicable to the same activity or subject matter and, if so, determine that the difference is justified by the
following:
(i) A state statute that explicitly allows the agency to differ from federal standards; or
(ii) Substantial evidence that the difference is necessary
to achieve the general goals and specific objectives stated
under (a) of this subsection; and
(i) Coordinate the rule, to the maximum extent practicable, with other federal, state, and local laws applicable to the
same activity or subject matter.
(2) In making its determinations pursuant to subsection
(1)(b) through (h) of this section, the agency shall place in the
rule-making file documentation of sufficient quantity and
[2003 RCW Supp—page 408]
quality so as to persuade a reasonable person that the determinations are justified.
(3) Before adopting rules described in subsection (5) of
this section, an agency shall place in the rule-making file a
rule implementation plan for rules filed under each adopting
order. The plan shall describe how the agency intends to:
(a) Implement and enforce the rule, including a description of the resources the agency intends to use;
(b) Inform and educate affected persons about the rule;
(c) Promote and assist voluntary compliance; and
(d) Evaluate whether the rule achieves the purpose for
which it was adopted, including, to the maximum extent
practicable, the use of interim milestones to assess progress
and the use of objectively measurable outcomes.
(4) After adopting a rule described in subsection (5) of
this section regulating the same activity or subject matter as
another provision of federal or state law, an agency shall do
all of the following:
(a) Provide to the *business assistance center a list citing
by reference the other federal and state laws that regulate the
same activity or subject matter;
(b) Coordinate implementation and enforcement of the
rule with the other federal and state entities regulating the
same activity or subject matter by making every effort to do
one or more of the following:
(i) Deferring to the other entity;
(ii) Designating a lead agency; or
(iii) Entering into an agreement with the other entities
specifying how the agency and entities will coordinate implementation and enforcement.
If the agency is unable to comply with this subsection
(4)(b), the agency shall report to the legislature pursuant to
(c) of this subsection;
(c) Report to the joint administrative rules review committee:
(i) The existence of any overlap or duplication of other
federal or state laws, any differences from federal law, and
any known overlap, duplication, or conflict with local laws;
and
(ii) Make recommendations for any legislation that may
be necessary to eliminate or mitigate any adverse effects of
such overlap, duplication, or difference.
(5)(a) Except as provided in (b) of this subsection, this
section applies to:
(i) Significant legislative rules of the departments of
ecology, labor and industries, health, revenue, social and
health services, and natural resources, the employment security department, the forest practices board, the office of the
insurance commissioner, and to the legislative rules of the
department of fish and wildlife implementing chapter 77.55
RCW; and
(ii) Any rule of any agency, if this section is voluntarily
made applicable to the rule by the agency, or is made applicable to the rule by a majority vote of the joint administrative
rules review committee within forty-five days of receiving
the notice of proposed rule making under RCW 34.05.320.
(b) This section does not apply to:
(i) Emergency rules adopted under RCW 34.05.350;
(ii) Rules relating only to internal governmental operations that are not subject to violation by a nongovernment
party;
Administrative Procedure Act
(iii) Rules adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies,
shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by
Washington state law, national consensus codes that generally establish industry standards, if the material adopted or
incorporated regulates the same subject matter and conduct
as the adopting or incorporating rule;
(iv) Rules that only correct typographical errors, make
address or name changes, or clarify language of a rule without changing its effect;
(v) Rules the content of which is explicitly and specifically dictated by statute;
(vi) Rules that set or adjust fees or rates pursuant to legislative standards; or
(vii) Rules of the department of social and health services relating only to client medical or financial eligibility
and rules concerning liability for care of dependents.
(c) For purposes of this subsection:
(i) A "procedural rule" is a rule that adopts, amends, or
repeals (A) any procedure, practice, or requirement relating
to any agency hearings; (B) any filing or related process
requirement for making application to an agency for a license
or permit; or (C) any policy statement pertaining to the consistent internal operations of an agency.
(ii) An "interpretive rule" is a rule, the violation of which
does not subject a person to a penalty or sanction, that sets
forth the agency's interpretation of statutory provisions it
administers.
(iii) A "significant legislative rule" is a rule other than a
procedural or interpretive rule that (A) adopts substantive
provisions of law pursuant to delegated legislative authority,
the violation of which subjects a violator of such rule to a
penalty or sanction; (B) establishes, alters, or revokes any
qualification or standard for the issuance, suspension, or
revocation of a license or permit; or (C) adopts a new, or
makes significant amendments to, a policy or regulatory program.
(d) In the notice of proposed rule making under RCW
34.05.320, an agency shall state whether this section applies
to the proposed rule pursuant to (a)(i) of this subsection, or if
the agency will apply this section voluntarily.
(6) By January 31, 1996, and by January 31st of each
even-numbered year thereafter, the office of financial management, after consulting with state agencies, counties, and
cities, and business, labor, and environmental organizations,
shall report to the governor and the legislature regarding the
effects of this section on the regulatory system in this state.
The report shall document:
(a) The rules proposed to which this section applied and
to the extent possible, how compliance with this section
affected the substance of the rule, if any, that the agency ultimately adopted;
(b) The costs incurred by state agencies in complying
with this section;
(c) Any legal action maintained based upon the alleged
failure of any agency to comply with this section, the costs to
the state of such action, and the result;
34.05.328
(d) The extent to which this section has adversely
affected the capacity of agencies to fulfill their legislatively
prescribed mission;
(e) The extent to which this section has improved the
acceptability of state rules to those regulated; and
(f) Any other information considered by the office of
financial management to be useful in evaluating the effect of
this section. [2003 c 165 § 2; 2003 c 39 § 13; 1997 c 430 § 1;
1995 c 403 § 201.]
Reviser's note: *(1) The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
(2) This section was amended by 2003 c 39 § 13 and by 2003 c 165 §
2, each without reference to the other. Both amendments are incorporated in
the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Short title—Intent—1995 c 403: "(1) The legislature finds
that:
(a) One of its fundamental responsibilities, to the benefit of all the citizens of the state, is the protection of public health and safety, including
health and safety in the workplace, and the preservation of the extraordinary
natural environment with which Washington is endowed;
(b) Essential to this mission is the delegation of authority to state agencies to implement the policies established by the legislature; and that the
adoption of administrative rules by these agencies helps assure that these
policies are clearly understood, fairly applied, and uniformly enforced;
(c) Despite its importance, Washington's regulatory system must not
impose excessive, unreasonable, or unnecessary obligations; to do so serves
only to discredit government, makes enforcement of essential regulations
more difficult, and detrimentally affects the economy of the state and the
well-being of our citizens.
(2) The legislature therefore enacts chapter 403, Laws of 1995, to be
known as the regulatory reform act of 1995, to ensure that the citizens and
environment of this state receive the highest level of protection, in an effective and efficient manner, without stifling legitimate activities and responsible economic growth. To that end, it is the intent of the legislature, in the
adoption of chapter 403, Laws of 1995, that:
(a) Unless otherwise authorized, substantial policy decisions affecting
the public be made by those directly accountable to the public, namely the
legislature, and that state agencies not use their administrative authority to
create or amend regulatory programs;
(b) When an agency is authorized to adopt rules imposing obligations
on the public, that it do so responsibly: The rules it adopts should be justified
and reasonable, with the agency having determined, based on common sense
criteria established by the legislature, that the obligations imposed are truly
in the public interest;
(c) Governments at all levels better coordinate their regulatory efforts
to avoid confusing and frustrating the public with overlapping or contradictory requirements;
(d) The public respect the process whereby administrative rules are
adopted, whether or not they agree with the result: Members of the public
affected by administrative rules must have the opportunity for a meaningful
role in their development; the bases for agency action must be legitimate and
clearly articulated;
(e) Members of the public have adequate opportunity to challenge
administrative rules with which they have legitimate concerns through
meaningful review of the rule by the executive, the legislature, and the judiciary. While it is the intent of the legislature that upon judicial review of a
rule, a court should not substitute its judgment for that of an administrative
agency, the court should determine whether the agency decision making was
rigorous and deliberative; whether the agency reached its result through a
process of reason; and whether the agency took a hard look at the rule before
its adoption;
(f) In order to achieve greater compliance with administrative rules at
less cost, that a cooperative partnership exist between agencies and regulated
parties that emphasizes education and assistance before the imposition of
penalties; and
(g) Workplace safety and health in this state not be diminished,
whether provided by constitution, by statute, or by rule." [1995 c 403 § 1.]
Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: "Sections 201, 301 through 305, 401 through 405, and 801 of this act shall apply
[2003 RCW Supp—page 409]
34.05.362
Title 35 RCW: Cities and Towns
to all rule making for which a statement of proposed rule making under RCW
34.05.320 is filed after July 23, 1995." [1995 c 403 § 1102.]
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Expedited adoption: RCW 34.05.353.
34.05.362
34.05.362 Postadoption notice. Either before or within
two hundred days after the effective date of an adopted rule
that imposes additional requirements on businesses the violation of which subjects the business to a penalty, assessment,
or administrative sanction, an agency identified in RCW
34.05.220(6) shall notify businesses affected by the rule of
the requirements of the rule and how to obtain technical assistance to comply. Notification must be provided by e-mail, if
possible, to every person identified to receive the postadoption notice under RCW 34.05.220(6).
The notification must announce the rule change, briefly
summarize the rule change, refer to appeal procedures under
RCW 34.05.330, and include a contact for more information.
Failure to notify a specific business under this section does
not invalidate a rule or waive the requirement to comply with
the rule. The requirements of this section do not apply to
emergency rules adopted under RCW 34.05.350. [2003 c
246 § 3.]
Finding—2003 c 246: "The legislature finds that many businesses in
the state are frustrated by the complexity of the regulatory system. The
Washington Administrative Code containing agency rules now fills twelve
volumes, and appears to be growing each year. While the vast majority of
businesses make a good faith attempt to comply with applicable laws and
rules, many find it extremely difficult to keep up with agencies' issuance of
new rules and requirements. Therefore, state agencies are directed to make
a good faith attempt to notify businesses affected by rule changes that may
subject noncomplying businesses to penalties." [2003 c 246 § 1.].
34.05.518
34.05.518 Direct review by court of appeals. (1) The
final decision of an administrative agency in an adjudicative
proceeding under this chapter may, except as otherwise provided in chapter 43.21L RCW, be directly reviewed by the
court of appeals either (a) upon certification by the superior
court pursuant to this section or (b) if the final decision is
from an environmental board as defined in subsection (3) of
this section, upon acceptance by the court of appeals after a
certificate of appealability has been filed by the environmental board that rendered the final decision.
(2) For direct review upon certification by the superior
court, an application for direct review must be filed with the
superior court within thirty days of the filing of the petition
for review in superior court. The superior court may certify a
case for direct review only if the judicial review is limited to
the record of the agency proceeding and the court finds that:
(a) Fundamental and urgent issues affecting the future
administrative process or the public interest are involved
which require a prompt determination;
(b) Delay in obtaining a final and prompt determination
of such issues would be detrimental to any party or the public
interest;
(c) An appeal to the court of appeals would be likely
regardless of the determination in superior court; and
(d) The appellate court's determination in the proceeding
would have significant precedential value.
Procedures for certification shall be established by court
rule.
[2003 RCW Supp—page 410]
(3)(a) For the purposes of direct review of final decisions
of environmental boards, environmental boards include those
boards identified in RCW 43.21B.005 and growth management hearings boards as identified in RCW 36.70A.250.
(b) An environmental board may issue a certificate of
appealability if it finds that delay in obtaining a final and
prompt determination of the issues would be detrimental to
any party or the public interest and either:
(i) Fundamental and urgent statewide or regional issues
are raised; or
(ii) The proceeding is likely to have significant precedential value.
(4) The environmental board shall state in the certificate
of appealability which criteria it applied, explain how that
criteria was met, and file with the certificate a copy of the
final decision.
(5) For an appellate court to accept direct review of a
final decision of an environmental board, it shall consider the
same criteria outlined in subsection (3) of this section, except
as otherwise provided in chapter 43.21L RCW.
(6) The procedures for direct review of final decisions of
environmental boards include:
(a) Within thirty days after filing the petition for review
with the superior court, a party may file an application for
direct review with the superior court and serve the appropriate environmental board and all parties of record. The application shall request the environmental board to file a certificate of appealability.
(b) If an issue on review is the jurisdiction of the environmental board, the board may file an application for direct
review on that issue.
(c) The environmental board shall have thirty days to
grant or deny the request for a certificate of appealability and
its decision shall be filed with the superior court and served
on all parties of record.
(d) If a certificate of appealability is issued, the parties
shall have fifteen days from the date of service to file a notice
of discretionary review in the superior court, and the notice
shall include a copy of the certificate of appealability and a
copy of the final decision.
(e) If the appellate court accepts review, the certificate of
appealability shall be transmitted to the court of appeals as
part of the certified record.
(f) If a certificate of appealability is denied, review shall
be by the superior court. The superior court's decision may
be appealed to the court of appeals. [2003 c 393 § 16; 1995 c
382 § 5; 1988 c 288 § 503; 1980 c 76 § 1. Formerly RCW
34.04.133.]
Implementation—Effective date—2003 c 393: See RCW 43.21L.900
and 43.21L.901.
Title 35
Title 35
CITIES AND TOWNS
Chapters
35.13
35.21
35.22
35.23
35.27
Annexation of unincorporated areas.
Miscellaneous provisions.
First class cities.
Second class cities.
Towns.
Annexation of Unincorporated Areas
35.30
35.32A
35.36
35.45
35.58
35.63
35.67
35.84
35.92
35.95A
35.101
35.102
Unclassified cities.
Budgets in cities over 300,000.
Execution of bonds by proxy—First class cities.
Local improvements—Bonds and warrants.
Metropolitan municipal corporations.
Planning commissions.
Sewerage systems—Refuse collection and disposal.
Utility and other services beyond city limits.
Municipal utilities.
City transportation authority—Monorail
transportation.
Tourism promotion areas.
Municipal business and occupation tax.
Chapter 35.13 RCW
ANNEXATION OF UNINCORPORATED AREAS
Chapter 35.13
35.13.430
There shall be no appeal from the decision of the legislative
body. [2003 c 331 § 2.]
Intent—2003 c 331: "The legislature recognizes that on March 14,
2002, the Washington state supreme court decided in Grant County Fire
Protection District No. 5 v. City of Moses Lake, 145 Wn.2d 702 (2002), that
the petition method of annexation authorized by RCW 35.13.125 through
35.13.160 and 35A.14.120 through 35A.14.150 is unconstitutional. The legislature also recognizes that on October 11, 2002, the Washington state
supreme court granted a motion for reconsideration of this decision. The legislature intends to provide a new method of direct petition annexation that
enables property owners and registered voters to participate in an annexation
process without the constitutional defect identified by the court." [2003 c
331 § 1.]
Severability—2003 c 331: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2003 c 331 § 14.]
Effective date—2003 c 331: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 16, 2003]." [2003 c 331 § 15.]
Sections
35.13.410
35.13.420
35.13.430
35.13.440
35.13.450
35.13.460
35.13.470
35.13.480
35.13.410
Alternative direct petition method—Commencement of proceedings—Notice to legislative body—Meeting—Assumption of indebtedness—Comprehensive plan.
Alternative direct petition method—Petition—Signers—Content.
Alternative direct petition method—Notice of hearing.
Alternative direct petition method—Ordinance providing for
annexation.
Alternative direct petition method—Effective date of annexation and comprehensive plan—Assessment, taxation of territory annexed.
Alternative direct petition method—Method is alternative.
Annexation of territory within urban growth areas—Interlocal
agreement—Public hearing—Ordinance providing for
annexation.
Annexation of territory within urban growth areas—County
may initiate process with other cities or towns, when—Interlocal agreement—Public hearing—Ordinance providing for
annexation—Referendum—Election, when necessary.
35.13.410 Alternative direct petition method—Commencement of proceedings—Notice to legislative body—
Meeting—Assumption of indebtedness—Comprehensive
plan. Proceedings for the annexation of territory pursuant to
this section and RCW 35.13.420 shall be commenced as provided in this section. Before the circulation of a petition for
annexation, the initiating party or parties who, except as provided in RCW 28A.335.110, shall be either not less than ten
percent of the residents of the area to be annexed or the owners of not less than ten percent of the acreage for which
annexation is petitioned, shall notify the legislative body of
the city or town in writing of their intention to commence
annexation proceedings. The legislative body shall set a date,
not later than sixty days after the filing of the request, for a
meeting with the initiating parties to determine whether the
city or town will accept, reject, or geographically modify the
proposed annexation, whether it shall require the simultaneous adoption of the comprehensive plan if such plan has
been prepared and filed for the area to be annexed as provided for in RCW 35.13.177 and 35.13.178, and whether it
shall require the assumption of all or any portion of existing
city or town indebtedness by the area to be annexed. If the
legislative body requires the assumption of all or any portion
of indebtedness and/or the adoption of a comprehensive plan,
it shall record this action in its minutes and the petition for
annexation shall be so drawn as to clearly indicate this fact.
35.13.420
35.13.420 Alternative direct petition method—Petition—Signers—Content. (1) A petition for annexation of
an area contiguous to a city or town may be made in writing
addressed to and filed with the legislative body of the municipality to which annexation is desired. Except where all the
property sought to be annexed is property of a school district,
and the school directors thereof file the petition for annexation as in RCW 28A.335.110, the petition must be signed by
the owners of a majority of the acreage for which annexation
is petitioned and a majority of the registered voters residing
in the area for which annexation is petitioned.
(2) If no residents exist within the area proposed for
annexation, the petition must be signed by the owners of a
majority of the acreage for which annexation is petitioned.
(3) The petition shall set forth a legal description of the
property proposed to be annexed that complies with RCW
35.02.170, and shall be accompanied by a drawing that outlines the boundaries of the property sought to be annexed. If
the legislative body has required the assumption of all or any
portion of city or town indebtedness by the area annexed,
and/or the adoption of a comprehensive plan for the area to be
annexed, these facts, together with a quotation of the minute
entry of such requirement or requirements, shall be set forth
in the petition. [2003 c 331 § 3.]
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35.13.430
35.13.430 Alternative direct petition method—
Notice of hearing. When a petition for annexation is filed
with the city or town council, or commission in those cities
having a commission form of government, that meets the
requirements of RCW 35.13.410, 35.13.420, and 35.21.005,
of which fact satisfactory proof may be required by the council or commission, the council or commission may entertain
the same, fix a date for a public hearing thereon and cause
notice of the hearing to be published in one issue of a newspaper of general circulation in the city or town. The notice
shall also be posted in three public places within the territory
proposed for annexation, and shall specify the time and place
of hearing and invite interested persons to appear and voice
approval or disapproval of the annexation. The expense of
[2003 RCW Supp—page 411]
35.13.440
Title 35 RCW: Cities and Towns
publication and posting of the notice shall be borne by the
signers of the petition. [2003 c 331 § 4.]
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35.13.440
35.13.440 Alternative direct petition method—Ordinance providing for annexation. Following the hearing, the
council or commission shall determine by ordinance whether
annexation shall be made. Subject to the provisions of RCW
35.13.410, 35.13.460, and 35.21.005, they may annex all or
any portion of the proposed area but may not include in the
annexation any property not described in the petition. Upon
passage of the ordinance a certified copy shall be filed with
the board of county commissioners of the county in which the
annexed property is located. [2003 c 331 § 5.]
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35.13.450
35.13.450 Alternative direct petition method—Effective date of annexation and comprehensive plan—Assessment, taxation of territory annexed. Upon the date fixed in
the ordinance of annexation, the area annexed shall become
part of the city or town. All property within the annexed territory shall, if the annexation petition so provided, be
assessed and taxed at the same rate and on the same basis as
the property of such annexing city or town is assessed and
taxed to pay for all or of any portion of the then outstanding
indebtedness of the city or town to which the area is annexed,
approved by the voters, contracted, or incurred before, or
existing at, the date of annexation. If the annexation petition
so provided, all property in the annexed area is subject to and
is a part of the comprehensive plan as prepared and filed as
provided for in RCW 35.13.177 and 35.13.178. [2003 c 331
§ 6.]
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
(2) If the territory proposed for annexation has been designated in an adopted county comprehensive plan as part of
an urban growth area, urban service area, or potential annexation area for a specific city or town, or if the urban growth
area territory proposed for annexation has been designated in
a written agreement between a city or town and a county for
annexation to a specific city or town, the designation or designations shall receive full consideration before a city or
county may initiate the annexation process provided for in
RCW 35.13.480.
(3) The agreement shall describe the boundaries of the
territory to be annexed. A public hearing shall be held by
each legislative body, separately or jointly, before the agreement is executed. Each legislative body holding a public
hearing shall, separately or jointly, publish the agreement at
least once a week for two weeks before the date of the hearing
in one or more newspapers of general circulation within the
territory proposed for annexation.
(4) Following adoption and execution of the agreement
by both legislative bodies, the city or town legislative body
shall adopt an ordinance providing for the annexation of the
territory described in the agreement. The legislative body
shall cause notice of the proposed effective date of the annexation, together with a description of the property to be
annexed, to be published at least once each week for two
weeks subsequent to passage of the ordinance, in one or more
newspapers of general circulation within the city and in one
or more newspapers of general circulation within the territory
to be annexed. If the annexation ordinance provides for
assumption of indebtedness or adoption of a proposed zoning
regulation, the notice shall include a statement of the requirements. Any territory to be annexed through an ordinance
adopted under this section is annexed and becomes a part of
the city or town upon the date fixed in the ordinance of
annexation, which date may not be fewer than forty-five days
after adoption of the ordinance. [2003 c 299 § 1.]
35.13.480
35.13.460
35.13.460 Alternative direct petition method—
Method is alternative. The method of annexation provided
for in RCW 35.13.410 through 35.13.450 is an alternative
method, and does not supersede any other method. [2003 c
331 § 7.]
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35.13.470
35.13.470 Annexation of territory within urban
growth areas—Interlocal agreement—Public hearing—
Ordinance providing for annexation. (1) The legislative
body of a county, city, or town planning under chapter
36.70A RCW and subject to the requirements of RCW
36.70A.215 may initiate an annexation process for unincorporated territory by adopting a resolution commencing negotiations for an interlocal agreement as provided in chapter
39.34 RCW between a county and any city or town within the
county. The territory proposed for annexation must meet the
following criteria: (a) Be within the city or town urban
growth area designated under RCW 36.70A.110, and (b) at
least sixty percent of the boundaries of the territory proposed
for annexation must be contiguous to the annexing city or
town or one or more cities or towns.
[2003 RCW Supp—page 412]
35.13.480 Annexation of territory within urban
growth areas—County may initiate process with other
cities or towns, when—Interlocal agreement—Public
hearing—Ordinance providing for annexation—Referendum—Election, when necessary. (1) The legislative body
of any county planning under chapter 36.70A RCW and subject to the requirements of RCW 36.70A.215 may initiate an
annexation process with the legislative body of any other cities or towns that are contiguous to the territory proposed for
annexation in RCW 35.13.470 if:
(a) The county legislative body initiated an annexation
process as provided in RCW 35.13.470; and
(b) The affected city or town legislative body adopted a
responsive resolution rejecting the proposed annexation or
declined to create the requested interlocal agreement with the
county; or
(c) More than one hundred eighty days have passed since
adoption of a county resolution as provided for in RCW
35.13.470 and the parties have not adopted or executed an
interlocal agreement providing for the annexation of unincorporated territory. The legislative body for either the county
or an affected city or town may, however, pass a resolution
extending the negotiation period for one or more six-month
Miscellaneous Provisions
periods if a public hearing is held and findings of fact are
made prior to each extension.
(2) Any county initiating the process provided for in subsection (1) of this section must do so by adopting a resolution
commencing negotiations for an interlocal agreement as provided in chapter 39.34 RCW between the county and any city
or town within the county. The annexation area must be
within an urban growth area designated under RCW
36.70A.110 and at least sixty percent of the boundaries of the
territory to be annexed must be contiguous to one or more cities or towns.
(3) The agreement shall describe the boundaries of the
territory to be annexed. A public hearing shall be held by
each legislative body, separately or jointly, before the agreement is executed. Each legislative body holding a public
hearing shall, separately or jointly, publish the agreement at
least once a week for two weeks before the date of the hearing
in one or more newspapers of general circulation within the
territory proposed for annexation.
(4) Following adoption and execution of the agreement
by both legislative bodies, the city or town legislative body
shall adopt an ordinance providing for the annexation. The
legislative body shall cause notice of the proposed effective
date of the annexation, together with a description of the
property to be annexed, to be published at least once each
week for two weeks subsequent to passage of the ordinance,
in one or more newspapers of general circulation within the
city and in one or more newspapers of general circulation
within the territory to be annexed. If the annexation ordinance provides for assumption of indebtedness or adoption of
a proposed zoning regulation, the notice shall include a statement of the requirements. Any area to be annexed through an
ordinance adopted under this section is annexed and becomes
a part of the city or town upon the date fixed in the ordinance
of annexation, which date may not be less than forty-five
days after adoption of the ordinance.
(5) The annexation ordinances provided for in RCW
35.13.470(4) and subsection (4) of this section are subject to
referendum for forty-five days after passage. Upon the filing
of a timely and sufficient referendum petition with the legislative body, signed by registered voters in number equal to
not less than fifteen percent of the votes cast in the last general state election in the area to be annexed, the question of
annexation shall be submitted to the voters of the area in a
general election if one is to be held within ninety days or at a
special election called for that purpose not less than forty-five
days nor more than ninety days after the filing of the referendum petition. Notice of the election shall be given as provided in RCW 35.13.080 and the election shall be conducted
as provided in the general election law. The annexation shall
be deemed approved by the voters unless a majority of the
votes cast on the proposition are in opposition thereto.
After the expiration of the forty-fifth day from but
excluding the date of passage of the annexation ordinance, if
no timely and sufficient referendum petition has been filed,
the area annexed shall become a part of the city or town upon
the date fixed in the ordinance of annexation.
(6) If more than one city or town adopts interlocal agreements providing for annexation of the same unincorporated
territory as provided by this section, an election shall be held
in the area to be annexed pursuant to RCW 35.13.070 and
35.21.005
35.13.080. In addition to the provisions of RCW 35.13.070
and 35.13.080, the ballot shall also contain a separate proposition allowing voters to cast votes in favor of annexation to
any one city or town participating in an interlocal agreement
as provided by this section. If a majority of voters voting on
the proposition vote against annexation, the proposition is
defeated. If, however, a majority of voters voting in the election approve annexation, the area shall be annexed to the city
or town receiving the highest number of votes among those
cast in favor of annexation.
(7) Costs for an election required under subsection (6) of
this section shall be borne by the county. [2003 c 299 § 2.]
Chapter 35.21
Chapter 35.21 RCW
MISCELLANEOUS PROVISIONS
Sections
35.21.005
35.21.210
35.21.404
35.21.688
35.21.855
Sufficiency of petitions.
Sewerage, drainage, and water supply.
Fish enhancement project—City's or town's liability.
Family day-care provider's home facility—City or town may
not prohibit in residential or commercial area—Conditions.
Taxation of intellectual property creating activities—Gross
receipts tax prohibited—Exceptions.
35.21.005
35.21.005 Sufficiency of petitions. Wherever in this
title petitions are required to be signed and filed, the following rules shall govern the sufficiency thereof:
(1) A petition may include any page or group of pages
containing an identical text or prayer intended by the circulators, signers or sponsors to be presented and considered as
one petition and containing the following essential elements
when applicable, except that the elements referred to in (d)
and (e) of this subsection are essential for petitions referring
or initiating legislative matters to the voters, but are directory
as to other petitions:
(a) The text or prayer of the petition which shall be a
concise statement of the action or relief sought by petitioners
and shall include a reference to the applicable state statute or
city ordinance, if any;
(b) If the petition initiates or refers an ordinance, a true
copy thereof;
(c) If the petition seeks the annexation, incorporation,
withdrawal, or reduction of an area for any purpose, an accurate legal description of the area proposed for such action and
if practical, a map of the area;
(d) Numbered lines for signatures with space provided
beside each signature for the name and address of the signer
and the date of signing;
(e) The warning statement prescribed in subsection (2) of
this section.
(2) Petitions shall be printed or typed on single sheets of
white paper of good quality and each sheet of petition paper
having a space thereon for signatures shall contain the text or
prayer of the petition and the following warning:
WARNING
Every person who signs this petition with any other
than his or her true name, or who knowingly signs
more than one of these petitions, or signs a petition
seeking an election when he or she is not a legal
voter, or signs a petition when he or she is otherwise
[2003 RCW Supp—page 413]
35.21.210
Title 35 RCW: Cities and Towns
not qualified to sign, or who makes herein any false
statement, shall be guilty of a misdemeanor.
Each signature shall be executed in ink or indelible pencil and shall be followed by the name and address of the
signer and the date of signing.
(3) The term "signer" means any person who signs his or
her own name to the petition.
(4) To be sufficient a petition must contain valid signatures of qualified registered voters or property owners, as the
case may be, in the number required by the applicable statute
or ordinance. Within three working days after the filing of a
petition, the officer with whom the petition is filed shall
transmit the petition to the county auditor for petitions signed
by registered voters, or to the county assessor for petitions
signed by property owners for determination of sufficiency.
The officer or officers whose duty it is to determine the sufficiency of the petition shall proceed to make such a determination with reasonable promptness and shall file with the
officer receiving the petition for filing a certificate stating the
date upon which such determination was begun, which date
shall be referred to as the terminal date. Additional pages of
one or more signatures may be added to the petition by filing
the same with the appropriate filing officer prior to such terminal date. Any signer of a filed petition may withdraw his
or her signature by a written request for withdrawal filed with
the receiving officer prior to such terminal date. Such written
request shall so sufficiently describe the petition as to make
identification of the person and the petition certain. The
name of any person seeking to withdraw shall be signed
exactly the same as contained on the petition and, after the filing of such request for withdrawal, prior to the terminal date,
the signature of any person seeking such withdrawal shall be
deemed withdrawn.
(5) Petitions containing the required number of signatures shall be accepted as prima facie valid until their invalidity has been proved.
(6) A variation on petitions between the signatures on the
petition and that on the voter's permanent registration caused
by the substitution of initials instead of the first or middle
names, or both, shall not invalidate the signature on the petition if the surname and handwriting are the same.
(7) Signatures, including the original, of any person who
has signed a petition two or more times shall be stricken.
(8) Signatures followed by a date of signing which is
more than six months prior to the date of filing of the petition
shall be stricken.
(9) When petitions are required to be signed by the owners of property, the determination shall be made by the
county assessor. Where validation of signatures to the petition is required, the following shall apply:
(a) The signature of a record owner, as determined by the
records of the county auditor, shall be sufficient without the
signature of his or her spouse;
(b) In the case of mortgaged property, the signature of
the mortgagor shall be sufficient, without the signature of his
or her spouse;
(c) In the case of property purchased on contract, the signature of the contract purchaser, as shown by the records of
the county auditor, shall be deemed sufficient, without the
signature of his or her spouse;
[2003 RCW Supp—page 414]
(d) Any officer of a corporation owning land within the
area involved who is duly authorized to execute deeds or
encumbrances on behalf of the corporation, may sign on
behalf of such corporation, and shall attach to the petition a
certified excerpt from the bylaws of such corporation showing such authority;
(e) When property stands in the name of a deceased person or any person for whom a guardian has been appointed,
the signature of the executor, administrator, or guardian, as
the case may be, shall be equivalent to the signature of the
owner of the property; and
(f) When a parcel of property is owned by multiple owners, the signature of an owner designated by the multiple
owners is sufficient.
(10) The officer or officers responsible for determining
the sufficiency of the petition shall do so in writing and transmit the written certificate to the officer with whom the petition was originally filed. [2003 c 331 § 8; 1996 c 286 § 6.]
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35.21.210
35.21.210 Sewerage, drainage, and water supply.
Any city or town shall have power to provide for the sewerage, drainage, and water supply thereof, and to establish, construct, and maintain a system or systems of sewers and drains
and a system or systems of water supply, within or without
the corporate limits of such city or town, and to control, regulate, and manage the same. In addition, any city or town
may, as part of maintaining a system of sewers and drains or
a system of water supply, or independently of such a system
or systems, participate in and expend revenue on cooperative
watershed management actions, including watershed management partnerships under RCW 39.34.210 and other intergovernmental agreements, for purposes of water supply,
water quality, and water resource and habitat protection and
management. [2003 c 327 § 11; 1965 c 7 § 35.21.210. Prior:
1911 c 98 § 3; RRS § 9354.]
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
35.21.404
35.21.404 Fish enhancement project—City's or
town's liability. A city or town is not liable for adverse
impacts resulting from a fish enhancement project that meets
the criteria of RCW 77.55.290 and has been permitted by the
department of fish and wildlife. [2003 c 39 § 14; 1998 c 249
§ 9.]
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.290.
35.21.688
35.21.688 Family day-care provider's home facility—City or town may not prohibit in residential or commercial area—Conditions. (1) Except as provided in subsections (2) and (3) of this section, no city or town may enact,
enforce, or maintain an ordinance, development regulation,
zoning regulation, or official control, policy, or administrative practice that prohibits the use of a residential dwelling,
located in an area zoned for residential or commercial use, as
a family day-care provider's facility serving twelve or fewer
children.
(2) A city or town may require that the facility: (a) Comply with all building, fire, safety, health code, and business
licensing requirements; (b) conform to lot size, building size,
First Class Cities
setbacks, and lot coverage standards applicable to the zoning
district except if the structure is a legal nonconforming structure; (c) is certified by the office of child care policy licensor
as providing a safe passenger loading area; (d) include signage, if any, that conforms to applicable regulations; and (e)
limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care who work a nonstandard work
shift.
(3) A city or town may also require that the family daycare provider, before state licensing, require proof of written
notification by the provider that the immediately adjoining
property owners have been informed of the intent to locate
and maintain such a facility. If a dispute arises between
neighbors and the day-care provider over licensing requirements, the licensor may provide a forum to resolve the dispute.
(4) This section may not be construed to prohibit a city or
town from imposing zoning conditions on the establishment
and maintenance of a family day-care provider's home serving twelve or fewer children in an area zoned for residential
or commercial use, if the conditions are no more restrictive
than conditions imposed on other residential dwellings in the
same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is
as defined in RCW 74.15.020. [2003 c 286 § 1.]
35.21.855
35.21.855 Taxation of intellectual property creating
activities—Gross receipts tax prohibited—Exceptions.
(1) A city may not impose a gross receipts tax on intellectual
property creating activities.
(2) A city may impose a gross receipts tax measured by
gross receipts from royalties only on taxpayers domiciled in
the city. For the purposes of this section, "royalties" does not
include gross receipts from casual or isolated sales as defined
in RCW 82.04.040, grants, capital contributions, donations,
or endowments.
(3) This section does not prohibit a city from imposing a
gross receipts tax measured by the value of products manufactured in the city merely because intellectual property creating activities are involved in the design or manufacturing of
the products. An intellectual property creating activity shall
not constitute an activity defined within the meaning of the
term "to manufacture" under chapter 82.04 RCW.
(4) This section does not prohibit a city from imposing a
gross receipts tax measured by the gross proceeds of sales
made in the city merely because intellectual property creating
activities are involved in creation of the articles sold.
(5) This section does not prohibit a city from imposing a
gross receipts tax measured by the gross income received for
services rendered in the city merely because intellectual
property creating activities are some part of services rendered.
(6) A tax in effect on January 1, 2002, is not subject to
this section until January 1, 2004.
(7) The definitions in this subsection apply to this section.
(a) "Gross receipts tax" means a tax measured by gross
proceeds of sales, gross income of the business, or value proceeding or accruing.
(b) "City" includes cities, code cities, and towns.
35.22.245
(c) "Domicile" means the principal place from which the
trade or business of the taxpayer is directed and managed. A
taxpayer has only one domicile.
(d) "Intellectual property creating activity" means
research, development, authorship, creation, or general or
specific inventive activity without regard to whether the
intellectual property creating activity actually results in the
creation of patents, trademarks, trade secrets, subject matter
subject to copyright, or other intellectual property.
(e) "Manufacture," "gross proceeds of sales," "gross
income of the business," "value proceeding or accruing," and
"royalties" have the same meanings as under chapter 82.04
RCW.
(f) "Value of products" means the value of products as
determined under RCW 82.04.450. [2003 c 69 § 1.]
Chapter 35.22
Chapter 35.22 RCW
FIRST CLASS CITIES
Sections
35.22.235
35.22.245
35.22.705
First class mayor-council cities—Twelve councilmembers.
(Effective July 1, 2004.)
First class mayor-council cities—Seven councilmembers.
(Effective July 1, 2004.)
Purchase of electric power and energy from joint operating
agency.
35.22.235
35.22.235 First class mayor-council cities—Twelve
councilmembers. (Effective July 1, 2004.) All regular elections in first class cities having a mayor-council form of government whose charters provide for twelve councilmembers
elected for a term of two years, two being elected from each
of six wards, and for the election of a mayor, treasurer, and
comptroller for terms of two years, shall be held biennially as
provided in RCW 29A.04.330. The term of each councilmember, mayor, treasurer, and comptroller shall be four
years and until his or her successor is elected and qualified
and assumes office in accordance with RCW 29A.20.040.
The terms of the councilmembers shall be so staggered that
six councilmembers shall be elected to office at each regular
election. [2003 c 111 § 2301. Prior: 1981 c 213 § 3; 1979
ex.s. c 126 § 11; 1965 c 9 § 29.13.023; prior: 1963 c 200 § 2;
1957 c 168 § 1. Formerly RCW 29.13.023.]
Effective date—2003 c 111: See RCW 29A.04.903.
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
35.22.245
35.22.245 First class mayor-council cities—Seven
councilmembers. (Effective July 1, 2004.) All regular elections in first class cities having a mayor-council form of government whose charters provide for seven councilmembers,
one to be elected from each of six wards and one at large, for
a term of two years, and for the election of a mayor, comptroller, treasurer and attorney for two year terms, shall be held
biennially as provided in RCW 29A.04.330. The terms of the
six councilmembers to be elected by wards shall be four years
and until their successors are elected and qualified and the
term of the councilmember to be elected at large shall be two
years and until their successors are elected and qualified. The
terms of the councilmembers shall be so staggered that three
ward councilmembers and the councilmember at large shall
be elected at each regular election. The term of the mayor,
attorney, treasurer, and comptroller shall be four years and
[2003 RCW Supp—page 415]
35.22.705
Title 35 RCW: Cities and Towns
35.27.610
until their successors are elected and qualified and assume
office in accordance with RCW 29A.20.040. [2003 c 111 §
2302. Prior: 1981 c 213 § 4; 1979 ex.s. c 126 § 12; 1965 c 9
§ 29.13.024; prior: 1963 c 200 § 3; 1957 c 168 § 2. Formerly
RCW 29.13.024.]
Effective date—2003 c 111: See RCW 29A.04.903.
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
35.22.705
35.22.705 Purchase of electric power and energy
from joint operating agency. A city of the first class may
contract to purchase from a joint operating agency electric
power and energy required for its present or future requirements. For projects the output of which is limited to qualified
al t e r n a ti v e e n e r g y r e s o u r ce s a s d e f i n e d b y R C W
19.29A.090(3), the contract may include the purchase of
capability of the projects to produce electricity in addition to
the actual output of the projects. The contract may provide
that the city must make the payments required by the contract
whether or not a project is completed, operable, or operating
and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or
the power and energy contracted for. The contract may also
provide that payments under the contract are not subject to
reduction, whether by offset or otherwise, and shall not be
conditioned upon the performance or nonperformance of the
joint operating agency or a city, town, or public utility district
under the contract or other instrument. [2003 c 138 § 4.]
35.27.610 Purchase of electric power and energy
from joint operating agency. A town may contract to purchase from a joint operating agency electric power and
energy required for its present or future requirements. For
projects the output of which is limited to qualified alternative
energy resources as defined by RCW 19.29A.090(3), the contract may include the purchase of capability of the projects to
produce electricity in addition to the actual output of the
projects. The contract may provide that the town must make
the payments required by the contract whether or not a
project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction,
or curtailment of the output of a project or the power and
energy contracted for. The contract may also provide that
payments under the contract are not subject to reduction,
whether by offset or otherwise, and shall not be conditioned
upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the
contract or other instrument. [2003 c 138 § 6.]
Chapter 35.30
Chapter 35.30 RCW
UNCLASSIFIED CITIES
Sections
35.30.070
35.30.080
Adoption of powers granted to code cities—Resolution
required.
Alternative election procedures—Resolution required.
35.30.070
Chapter 35.23
Chapter 35.23 RCW
SECOND CLASS CITIES
Sections
35.23.705
Purchase of electric power and energy from joint operating
agency.
35.23.705
35.23.705 Purchase of electric power and energy
from joint operating agency. A city of the second class may
contract to purchase from a joint operating agency electric
power and energy required for its present or future requirements. For projects the output of which is limited to qualified
al t e r n a ti v e e n e r g y r e s o u r ce s a s d e f i n e d b y R C W
19.29A.090(3), the contract may include the purchase of
capability of the projects to produce electricity in addition to
the actual output of the projects. The contract may provide
that the city must make the payments required by the contract
whether or not a project is completed, operable, or operating
and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or
the power and energy contracted for. The contract may also
provide that payments under the contract are not subject to
reduction, whether by offset or otherwise, and shall not be
conditioned upon the performance or nonperformance of the
joint operating agency or a city, town, or public utility district
under the contract or other instrument. [2003 c 138 § 5.]
Chapter 35.27
Chapter 35.27 RCW
TOWNS
Sections
35.27.610
Purchase of electric power and energy from joint operating
agency.
[2003 RCW Supp—page 416]
35.30.070 Adoption of powers granted to code cities—Resolution required. If the legislative body of an
unclassified city determines that it would serve the best interests and general welfare of such municipality, the body may
by resolution adopt any powers granted to cities classified
under Title 35A RCW including, but not limited to, the power
to define the functions, powers, and duties of its officers and
employees. [2003 c 42 § 1.]
35.30.080
35.30.080 Alternative election procedures—Resolution required. (1) When a majority of the legislative body of
an unclassified city determines that it would serve the best
interests and general welfare of such municipality to change
the election procedures of such city to the procedures specified in this section, such legislative body may, by resolution,
declare its intention to adopt such procedures for the city.
Such resolution must be adopted at least one hundred eighty
days before the general municipal election at which the new
election procedures are implemented. Within ten days after
the passage of the resolution, the legislative body shall cause
it to be published at least once in a newspaper of general circulation within the city.
(2) All general municipal elections in an unclassified city
adopting a resolution under subsection (1) of this section
shall be held biennially in the odd-numbered years as provided in *RCW 29.13.020 and shall be held in accordance
with the general election laws of the state.
The term of the treasurer shall not commence in the same
biennium in which the term of the mayor commences. Candidates for the city council shall run for specific council positions. The staggering of terms of city officers shall be established at the first election, where the simple majority of the
persons elected as councilmembers receiving the greatest
Budgets in Cities Over 300,000
numbers of votes shall be elected to four-year terms of office
and the remainder of the persons elected as councilmembers
and the treasurer shall be elected to two-year terms of office.
Thereafter, all elected city officers shall be elected for fouryear terms and until their successors are elected and qualified
and assume office in accordance with **RCW 29.04.170.
[2003 c 42 § 2.]
Reviser's note: *(1) RCW 29.13.020 was recodified as RCW
29A.04.330 pursuant to 2003 c 111 § 2401, effective July 1, 2004.
**(2) RCW 29.04.170 was recodified as RCW 29A.20.040 pursuant to
2003 c 111 § 2401, effective July 1, 2004.
Chapter 35.58
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 35.45
Chapter 35.45 RCW
LOCAL IMPROVEMENTS—BONDS
AND WARRANTS
Sections
35.45.050
35.45.180
Call of bonds.
Transfer from general fund to local improvement fund authorized—Ordinance.
35.45.050
Chapter 35.32A
Chapter 35.32A RCW
BUDGETS IN CITIES OVER 300,000
Sections
35.32A.090 Budget mandatory—Other expenditures void—Liability of
public officials—Penalty. (Effective July 1, 2004.)
35.32A.090
35.32A.090 Budget mandatory—Other expenditures
void—Liability of public officials—Penalty. (Effective
July 1, 2004.) (1) There shall be no orders, authorizations,
allowances, contracts or payments made or attempted to be
made in excess of the expenditure allowances authorized in
the final budget as adopted or modified as provided in this
chapter, and any such attempted excess expenditure shall be
void and shall never be the foundation of a claim against the
city.
(2) Any public official authorizing, auditing, allowing,
or paying any claims or demands against the city in violation
of the provisions of this chapter shall be jointly and severally
liable to the city in person and upon their official bonds to the
extent of any payments upon such claims or demands.
(3) Any person violating any of the provisions of this
chapter, in addition to any other liability or penalty provided
therefor, is guilty of a misdemeanor. [2003 c 53 § 198; 1967
c 7 § 11.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 35.36 RCW
EXECUTION OF BONDS BY PROXY—FIRST
CLASS CITIES
Chapter 35.36
Sections
35.36.040
35.36.040
Designation of bonds to be signed. (Effective July 1, 2004.)
35.36.040 Designation of bonds to be signed. (Effective July 1, 2004.) (1) The officer whose duty it is to cause
any bonds to be printed, engraved, or lithographed, shall
specify in a written order or requisition to the printer,
engraver, or lithographer the number of bonds to be printed,
engraved, or lithographed and the manner of numbering
them.
(2) Every printer, engraver, or lithographer who prints,
engraves, or lithographs a greater number of bonds than that
specified or who prints, engraves, or lithographs more than
one bond bearing the same number is guilty of a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53
§ 199; 1965 c 7 § 35.36.040. Prior: 1929 c 212 § 6; RRS §
9005-10.]
35.45.050 Call of bonds. Except when bonds have been
issued with a fixed maturity schedule or with a fixed maximum annual retirement schedule as authorized in RCW
35.45.020, the city or town treasurer shall call in and pay the
principal of one or more bonds of any issue (1) in their
numerical order; or (2) where bonds are issued with an estimated redemption schedule, in either numerical order or
chronological order by maturity and within each maturity by
date of estimated redemption as determined in the bond
authorizing ordinance, whenever there is sufficient money in
any local improvement fund, against which the bonds have
been issued, over and above that which is sufficient for the
payment of interest on all unpaid bonds of that issue. The call
shall be made for publication in the city or town official
newspaper in its first publication following the date of delinquency of any installment of the assessment or as soon thereafter as practicable. The call shall state that bonds No. . . . .
(giving the serial number or numbers of the bonds called) will
be paid on the day the next interest payments are due and that
interest on those bonds will cease upon that date. [2003 c 139
§ 2; 1983 c 167 § 43; 1971 ex.s. c 116 § 11; 1965 c 7 §
35.45.050. Prior: 1911 c 98 § 54, part; RRS § 9407, part.]
Effective date—2003 c 139: See note following RCW 35.45.180.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.45.180
35.45.180 Transfer from general fund to local
improvement fund authorized—Ordinance. Any city or
town, when authorized by ordinance, may transfer permanently or temporarily, money from its general fund, or from
any other municipal fund as its council shall specify in that
ordinance, to its local improvement guaranty fund or any of
its local improvement funds to be used for the purposes of
these local improvement funds, including the payment of
bonds, interest coupons, warrants, or other short-term obligations. The powers granted by this section are to be exercised
at the discretion of a council when found to be in the public
interest, but money transferred by means of these powers
shall not be pledged to the payment of any local improvement
district obligations. [2003 c 139 § 1.]
Effective date—2003 c 139: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 7, 2003]." [2003 c 139 § 4.]
Chapter 35.58 RCW
METROPOLITAN MUNICIPAL CORPORATIONS
Chapter 35.58
Sections
35.58.273
Public transportation systems—Motor vehicle excise tax
authorized—Credits—Public hearing on route and design—
[2003 RCW Supp—page 417]
35.58.273
35.58.273
35.58.274
Title 35 RCW: Cities and Towns
Rules—Sales and use tax on rental cars. (Effective if Initiative Measure No. 776 is upheld by pending court action.)
Public transportation systems—Motor vehicle excise tax
authorized—Credits—Public hearing on route and design—
Rules—Sales and use tax on rental cars. (Effective if Initiative Measure No. 776 is declared unconstitutional by pending court action.)
through 35.58.278 Repealed.
tions 23 through 42 of this act are null and void in their entirety." [1998 c
321 § 47 (Referendum Bill No. 49, approved November 3, 1998).]
*Reviser's note: Subsection (1) of this section was vetoed by the governor. The vetoed language is as follows:
"(1) Section 22 of this act takes effect ninety days after the end of the
legislative session as provided in Article 2, section 1 of the state Constitution."
Legislative intent—1992 c 194: See note following RCW 82.08.020.
35.58.273
35.58.273 Public transportation systems—Motor vehicle excise
tax authorized—Credits—Public hearing on route and design—Rules—
Sales and use tax on rental cars. (Effective if Initiative Measure No. 776
is upheld by pending court action.) (1) Before utilization of any tax moneys
collected under authorization of this section for acquisition of right of way or
construction of a mass transit facility on a separate right of way the municipality shall adopt rules affording the public an opportunity for "corridor public hearings" and "design public hearings" as herein defined, which rule shall
provide in detail the procedures necessary for public participation in the following instances: (a) Prior to adoption of location and design plans having a
substantial social, economic or environmental effect upon the locality upon
which they are to be constructed or (b) on such mass rapid transit systems
operating on a separate right of way whenever a substantial change is proposed relating to location or design in the adopted plan. In adopting rules the
municipality shall adhere to the provisions of the Administrative Procedure
Act.
(2) A "corridor public hearing" is a public hearing that: (a) Is held
before the municipality is committed to a specific mass transit route proposal, and before a route location is established; (b) is held to afford an
opportunity for participation by those interested in the determination of the
need for, and the location of, the mass rapid transit system; (c) provides a
public forum that affords a full opportunity for presenting views on the mass
rapid transit system route location, and the social, economic and environmental effects on that location and alternate locations: PROVIDED, That
such hearing shall not be deemed to be necessary before adoption of an overall mass rapid transit system plan by a vote of the electorate of the municipality.
(3) A "design public hearing" is a public hearing that: (a) Is held after
the location is established but before the design is adopted; and (b) is held to
afford an opportunity for participation by those interested in the determination of major design features of the mass rapid transit system; and (c) provides a public forum to afford a full opportunity for presenting views on the
mass rapid transit system design, and the social, economic, environmental
effects of that design and alternate designs.
(4) A municipality may impose a sales and use tax, in addition to the
tax authorized by RCW 82.14.030, upon retail car rentals within the municipality that are taxable by the state under chapters 82.08 and 82.12 RCW. The
rate of tax shall not exceed 1.944 percent. The base of the tax shall be the
selling price in the case of a sales tax or the rental value of the vehicle used
in the case of a use tax. The tax imposed under this section shall be deducted
from the amount of tax otherwise due under RCW 82.08.020(2). The revenue collected under this section shall be collected and distributed in the same
manner as sales and use taxes under chapter 82.14 RCW.
Any motor vehicle (special) excise tax previously imposed under the
provisions of RCW 35.58.273 shall be repealed, terminated and expire on
December 5, 2002. [2003 c 1 § 4 (Initiative Measure No. 776, approved
November 5, 2002); 1998 c 321 § 25 (Referendum Bill No. 49, approved
November 3, 1998); 1992 c 194 § 11; 1991 c 339 § 29; 1991 c 309 § 1; (1991
c 363 § 40 repealed by 1991 c 309 § 6); 1990 c 42 § 316; 1987 c 428 § 2;
1979 ex.s. c 175 § 2; 1969 ex.s. c 255 § 8.]
Reviser's note: RCW 35.58.273 was also repealed by 2002 c 6 § 2
without cognizance of its amendment by 2003 c 1 § 4 (Initiative Measure No.
776). For rule of construction, see RCW 1.12.025.
Construction—Intent—2003 c 1 (Initiative Measure No. 776): See
notes following RCW 46.16.0621.
Severability—Savings—2003 c 1 (Initiative Measure No. 776): See
note following RCW 81.104.160.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: "*(2) Sections 23
through 30 and 32 through 42 of this act take effect January 1, 1999, and section 31 of this act takes effect June 30, 2000, if sections 1 through 21 and 44
through 46 of this act are validly submitted to and are approved and ratified
by the voters at a general election held in November 1998. If sections 1
through 21 and 44 through 46 of this act are not approved and ratified, sec[2003 RCW Supp—page 418]
Effective dates—1992 c 194: See note following RCW 46.04.466.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1987 c 428: See note following RCW 47.78.010.
Administrative procedure act: Chapter 34.05 RCW.
35.58.273
35.58.273 Public transportation systems—Motor vehicle excise
tax authorized—Credits—Public hearing on route and design—Rules—
Sales and use tax on rental cars. (Effective if Initiative Measure No. 776
is declared unconstitutional by pending court action.) [1998 c 321 § 25
(Referendum Bill No. 49, approved November 3, 1998); 1992 c 194 § 11;
1991 c 339 § 29; 1991 c 309 § 1; (1991 c 363 § 40 repealed by 1991 c 309 §
6); 1990 c 42 § 316; 1987 c 428 § 2; 1979 ex.s. c 175 § 2; 1969 ex.s. c 255 §
8.] Repealed by 2002 c 6 § 2.
Reviser's note: (1) RCW 35.58.273 was also amended by 2003 c 1 § 4
(Initiative Measure No. 776) without cognizance of its repeal by 2002 c 6 §
2. For rule of construction, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 776 is being challenged in Pierce Co. v. State of Washington, King Co. Superior Ct. No. 022-35125-5 SEA.
35.58.274
35.58.274 through 35.58.278 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this
volume.
Chapter 35.63
Chapter 35.63 RCW
PLANNING COMMISSIONS
Sections
35.63.185
35.63.230
35.63.185
Family day-care provider's home facility—City may not prohibit in residential or commercial area—Conditions.
Watershed restoration projects—Permit processing—Fish
habitat enhancement project.
35.63.185 Family day-care provider's home facility—City may not prohibit in residential or commercial
area—Conditions. (1) Except as provided in subsections (2)
and (3) of this section, no city may enact, enforce, or maintain
an ordinance, development regulation, zoning regulation, or
official control, policy, or administrative practice that prohibits the use of a residential dwelling, located in an area zoned
for residential or commercial use, as a family day-care provider's home facility.
(2) A city may require that the facility: (a) Comply with
all building, fire, safety, health code, and business licensing
requirements; (b) conform to lot size, building size, setbacks,
and lot coverage standards applicable to the zoning district
except if the structure is a legal nonconforming structure; (c)
is certified by the office of child care policy licensor as providing a safe passenger loading area; (d) include signage, if
any, that conforms to applicable regulations; and (e) limit
hours of operations to facilitate neighborhood compatibility,
while also providing appropriate opportunity for persons who
use family day-care and who work a nonstandard work shift.
(3) A city may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property
Sewerage Systems—Refuse Collection and Disposal
owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and
the family day-care provider over licensing requirements, the
licensor may provide a forum to resolve the dispute.
(4) Nothing in this section shall be construed to prohibit
a city from imposing zoning conditions on the establishment
and maintenance of a family day-care provider's home in an
area zoned for residential or commercial use, so long as such
conditions are no more restrictive than conditions imposed on
other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this
section, "family day-care provider" is as defined in RCW
74.15.020. [2003 c 286 § 3; 1995 c 49 § 1; 1994 c 273 § 14.]
35.63.230
35.63.230 Watershed restoration projects—Permit
processing—Fish habitat enhancement project. A permit
required under this chapter for a watershed restoration project
as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510. A fish habitat
enhancement p roject m eeting the criteria of RCW
77.55.290(1) shall be reviewed and approved according to
the provisions of RCW 77.55.290. [2003 c 39 § 15; 1998 c
249 § 5; 1995 c 378 § 8.]
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.290.
Chapter 35.67 RCW
SEWERAGE SYSTEMS—REFUSE COLLECTION
AND DISPOSAL
Chapter 35.67
Sections
35.67.020
35.67.370
35.67.380
35.67.020
Authority to construct system and fix rates and charges—Classification of services and facilities—Assistance for lowincome persons.
Mobile home parks—Replacement of septic systems—
Charges for unused sewer service.
Cooperative watershed management.
35.67.020 Authority to construct system and fix rates
and charges—Classification of services and facilities—
Assistance for low-income persons. (1) Every city and
town may construct, condemn and purchase, acquire, add to,
maintain, conduct, and operate systems of sewerage and systems and plants for refuse collection and disposal together
with additions, extensions, and betterments thereto, within
and without its limits. Every city and town has full jurisdiction and authority to manage, regulate, and control them and,
except as provided in subsection (3) of this section, to fix,
alter, regulate, and control the rates and charges for their use.
(2) Subject to subsection (3) of this section, the rates
charged under this section must be uniform for the same class
of customers or service and facilities furnished. In classifying customers served or service and facilities furnished by
such system of sewerage, the city or town legislative body
may in its discretion consider any or all of the following factors:
(a) The difference in cost of service and facilities to the
various customers;
(b) The location of the various customers within and
without the city or town;
(c) The difference in cost of maintenance, operation,
repair, and replacement of the various parts of the system;
35.67.020
(d) The different character of the service and facilities
furnished various customers;
(e) The quantity and quality of the sewage delivered and
the time of its delivery;
(f) The achievement of water conservation goals and the
discouragement of wasteful water use practices;
(g) Capital contributions made to the system, including
but not limited to, assessments;
(h) The nonprofit public benefit status, as defined in
RCW 24.03.490, of the land user; and
(i) Any other matters which present a reasonable difference as a ground for distinction.
(3) The rate a city or town may charge under this section
for storm or surface water sewer systems or the portion of the
rate allocable to the storm or surface water sewer system of
combined sanitary sewage and storm or surface water sewer
systems shall be reduced by a minimum of ten percent for any
new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate
reductions in excess of ten percent dependent upon the
amount of rainwater harvested.
(4) Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the
development, construction, or reconstruction of property.
(5) A city or town may provide assistance to aid lowincome persons in connection with services provided under
this chapter.
(6) Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner's agent, or trained owner. Training must
occur in a program approved by the state board of health or
by a local health officer.
(7) Before adopting on-site inspection and maintenance
utility services, or incorporating residences into an on-site
inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area
that have on-site systems permitted by the local health
officer. The notice must clearly state that the residence is
within the proposed service area and must provide information on estimated rates or charges that may be imposed for the
service.
(8) A city or town shall not provide on-site sewage system inspection, pumping services, or other maintenance or
repair services under this section using city or town employees unless the on-site system is connected by a publicly
owned collection system to the city or town's sewerage system, and the on-site system represents the first step in the
sewage disposal process. Nothing in this section shall affect
the authority of state or local health officers to carry out their
responsibilities under any other applicable law. [2003 c 394
§ 1; 1997 c 447 § 8; 1995 c 124 § 3; 1991 c 347 § 17; 1965 c
7 § 35.67.020. Prior: 1959 c 90 § 1; 1955 c 266 § 3; prior:
1941 c 193 § 1, part; Rem. Supp. 1941 § 9354-4, part.]
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
Purposes—1991 c 347: See note following RCW 90.42.005.
[2003 RCW Supp—page 419]
35.67.370
Title 35 RCW: Cities and Towns
Severability—1991 c 347: See RCW 90.42.900.
35.67.370
35.67.370 Mobile home parks—Replacement of septic systems—Charges for unused sewer service. (1) Cities,
towns, or counties may not require existing mobile home
parks to replace existing, functional septic systems with a
sewer system within the community unless the local board of
health determines that the septic system is failing.
(2) Cities, towns, and counties are prohibited from
requiring existing mobile home parks to pay a sewer service
availability charge, standby charge, consumption charge, or
any other similar types of charges associated with available
but unused sewer service, including any interest or penalties
for nonpayment or enforcement charges, until the mobile
home park connects to the sewer service. When a mobile
home park connects to a sewer, cities, towns, and counties
may only charge mobile home parks prospectively from the
date of connection for their sewer service. Chapter 297,
Laws of 2003 is remedial in nature and applies retroactively
to 1993. [2003 c 297 § 1; 1998 c 61 § 1.]
35.67.380
35.67.380 Cooperative watershed management. In
addition to the authority provided in RCW 35.67.020, a city
may, as part of maintaining a system sewerage, participate in
and expend revenue on cooperative watershed management
actions, including watershed management partnerships under
RCW 39.34.210 and other intergovernmental agreements, for
purposes of water supply, water quality, and water resource
and habitat protection and management. [2003 c 327 § 12.]
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
Chapter 35.84 RCW
UTILITY AND OTHER SERVICES BEYOND
CITY LIMITS
Chapter 35.84
Sections
35.84.060
Street railway extensions.
35.84.060
35.84.060 Street railway extensions. Every municipal
corporation which owns or operates an urban public transportation system as defined in RCW 47.04.082 within its corporate limits may acquire, construct, extend, own, or operate
such urban public transportation system to any point or points
not to exceed fifteen miles outside of its corporate limits:
PROVIDED, That no municipal corporation shall extend its
urban public transportation system beyond its corporate limits to operate in any territory already served by a privately
operated auto transportation company holding a certificate of
public convenience and necessity from the utilities and transportation commission.
As a condition of receiving state funding, the municipal
corporation shall submit a maintenance management plan for
certification by the transportation commission or its successor entity. The plan must inventory all transportation system
assets within the direction and control of the municipality,
and provide a preservation plan based on lowest life-cycle
cost methodologies. [2003 c 363 § 302; 1969 ex.s. c 281 §
26; 1965 c 7 § 35.84.060. Prior: 1919 c 138 § 1; 1917 c 59 §
1; RRS § 9213.]
Finding—Intent—2003 c 363: "The legislature finds that roads,
streets, bridges, and highways in the state represent public assets worth over
[2003 RCW Supp—page 420]
one hundred billion dollars. These investments require regular maintenance
and preservation, or rehabilitation, to provide cost-effective transportation
services. Many of these facilities are in poor condition. Given the magnitude of public investment and the importance of safe, reliable roadways to
the motoring public, the legislature intends to create stronger accountability
to ensure that cost-effective maintenance and preservation is provided for
these transportation facilities." [2003 c 363 § 301.]
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
Chapter 35.92
Chapter 35.92 RCW
MUNICIPAL UTILITIES
Sections
35.92.020
35.92.420
35.92.020
Authority to acquire and operate sewerage and solid waste
handling systems, plants, sites, or facilities—Classification
of services and facilities for rates—Assistance for lowincome persons.
Purchase of electric power and energy from joint operating
agency.
35.92.020 Authority to acquire and operate sewerage
and solid waste handling systems, plants, sites, or facilities—Classification of services and facilities for rates—
Assistance for low-income persons. (1) A city or town may
construct, condemn and purchase, purchase, acquire, add to,
alter, maintain, and operate systems, plants, sites, or other
facilities of sewerage as defined in RCW 35.67.010, or solid
waste handling as defined by RCW 70.95.030. A city or
town shall have full authority to manage, regulate, operate,
control, and, except as provided in subsection (3) of this section, to fix the price of service and facilities of those systems,
plants, sites, or other facilities within and without the limits
of the city or town.
(2) Subject to subsection (3) of this section, the rates
charged shall be uniform for the same class of customers or
service and facilities. In classifying customers served or service and facilities furnished by a system or systems of sewerage, the legislative authority of the city or town may in its discretion consider any or all of the following factors:
(a) The difference in cost of service and facilities to customers;
(b) The location of customers within and without the city
or town;
(c) The difference in cost of maintenance, operation,
repair, and replacement of the parts of the system;
(d) The different character of the service and facilities
furnished to customers;
(e) The quantity and quality of the sewage delivered and
the time of its delivery;
(f) Capital contributions made to the systems, plants,
sites, or other facilities, including but not limited to, assessments;
(g) The nonprofit public benefit status, as defined in
RCW 24.03.490, of the land user; and
(h) Any other factors that present a reasonable difference
as a ground for distinction.
(3) The rate a city or town may charge under this section
for storm or surface water sewer systems or the portion of the
rate allocable to the storm or surface water sewer system of
combined sanitary sewage and storm or surface water sewer
systems shall be reduced by a minimum of ten percent for any
new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting sys-
City Transportation Authority—Monorail Transportation
tems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate
reductions in excess of ten percent dependent upon the
amount of rainwater harvested.
(4) Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the
development, construction, or reconstruction of property.
(5) A city or town may provide assistance to aid lowincome persons in connection with services provided under
this chapter.
(6) Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner's agent, or trained owner. Training must
occur in a program approved by the state board of health or
by a local health officer.
(7) Before adopting on-site inspection and maintenance
utility services, or incorporating residences into an on-site
inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area
that have on-site systems permitted by the local health
officer. The notice must clearly state that the residence is
within the proposed service area and must provide information on estimated rates or charges that may be imposed for the
service.
(8) A city or town shall not provide on-site sewage system inspection, pumping services, or other maintenance or
repair services under this section using city or town employees unless the on-site system is connected by a publicly
owned collection system to the city or town's sewerage system, and the on-site system represents the first step in the
sewage disposal process. Nothing in this section shall affect
the authority of state or local health officers to carry out their
responsibilities under any other applicable law. [2003 c 394
§ 2; 1997 c 447 § 9; 1995 c 124 § 5; 1989 c 399 § 6; 1985 c
445 § 5; 1965 c 7 § 35.92.020. Prior: 1959 c 90 § 7; 1957 c
288 § 3; 1957 c 209 § 3; prior: 1947 c 214 § 1, part; 1933 c
163 § 1, part; 1931 c 53 § 1, part; 1923 c 173 § 1, part; 1913
c 45 § 1, part; 1909 c 150 § 1, part; 1899 c 128 § 1, part; 1897
c 112 § 1, part; 1893 c 8 § 1, part; 1890 p 520 § 1, part; Rem.
Supp. 1947 § 9488, part. Formerly RCW 80.40.020.]
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
35.92.420
35.92.420 Purchase of electric power and energy
from joint operating agency. A city or town may contract
to purchase from a joint operating agency electric power and
energy required for its present or future requirements. For
projects the output of which is limited to qualified alternative
energy resources as defined by RCW 19.29A.090(3), the contract may include the purchase of capability of the projects to
produce electricity in addition to the actual output of the
projects. The contract may provide that the city or town must
make the payments required by the contract whether or not a
project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction,
or curtailment of the output of a project or the power and
energy contracted for. The contract may also provide that
payments under the contract are not subject to reduction,
whether by offset or otherwise, and shall not be conditioned
35.95A.120
upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the
contract or other instrument. [2003 c 138 § 3.]
Chapter 35.95A RCW
CITY TRANSPORTATION AUTHORITY—
MONORAIL TRANSPORTATION
Chapter 35.95A
Sections
35.95A.120 Dissolution of authority.
35.95A.120
35.95A.120 Dissolution of authority. The city transportation authority may be dissolved by a vote of the people
residing within the boundaries of the authority if the authority
is faced with significant financial problems. However, the
authority may covenant with holders of its bonds that it may
not be dissolved and shall continue to exist solely for the purpose of continuing to levy and collect any taxes or assessments levied by it and pledged to the repayment of debt and
to take other actions, including the appointment of a trustee,
as necessary to allow it to repay any remaining debt. No such
debt may be incurred by the authority on a project until thirty
days after a final environmental impact statement on that
project has been issued as required by chapter 43.21C RCW.
The amount of the authority's initial bond issue is limited to
the amount of the project costs in the subsequent two years as
documented by a certified engineer or by submitted bids, plus
any reimbursable capital expenses already incurred at the
time of the bond issue. The authority may size the first bond
issue consistent with the internal revenue service five-year
spend down schedule if an independent financial advisor recommends such an approach is financially advisable. Any referendum petition to dissolve the city transportation authority
must be filed with the city council and contain provisions for
dissolution of the authority. Within seven days, the city prosecutor must review the validity of the petition and submit its
report to the petitioner and city council. If the petitioner's
claims are deemed valid by the city prosecutor, within ten
days of the petitioner's filing, the city council will confer with
the petitioner concerning the form and style of the petition,
issue an identification number for the petition, and write a
ballot title for the measure. The ballot title must be posed as
a question and an affirmative vote on the measure results in
authority retention and a negative vote on the measure results
in the authority's dissolution. The petitioner will be notified
of the identification number and ballot title within this tenday period.
After this notification, the petitioner has ninety days in
which to secure on petition forms, the signatures of not less
than fifteen percent of the registered voters in the authority
area and to file the signed petitions with the filing officer.
Each petition form must contain the ballot title and the full
text of the measure to be referred. The filing officer will verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted, the filing
officer shall submit the initiative to the authority area voters
at a general or special election held on one of the dates provided in *RCW 29.13.010 as determined by the city council,
which election will not take place later than one hundred
twenty days after the signed petition has been filed with the
filing officer. [2003 c 147 § 14; 2002 c 248 § 13.]
[2003 RCW Supp—page 421]
Chapter 35.101
Title 35 RCW: Cities and Towns
*Reviser's note: RCW 29.13.010 was recodified as RCW 29A.04.320
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Effective date—2003 c 147: See note following RCW 47.10.861.
Chapter 35.101
Chapter 35.101 RCW
TOURISM PROMOTION AREAS
Sections
35.101.010
35.101.020
35.101.030
35.101.040
35.101.050
35.101.060
35.101.070
35.101.080
35.101.090
35.101.100
35.101.110
35.101.120
35.101.130
35.101.140
Definitions.
Establishment—Petition.
Resolution of intention to establish area—Hearing.
Limitations on area included—Interlocal agreements.
Lodging charge—Limitations.
Notice of hearing.
Conduct of hearing—Termination of proceedings.
Establishment of area—Ordinance.
Administration, collection of lodging charge.
Local tourism promotion account created.
Charges are in addition to special assessments.
Charges are not a tax on sale of lodging.
Legislative authority has sole discretion concerning use for
tourism promotion—Contracts for operation of area.
Disestablishment of area—Hearing—Resolution.
35.101.010
35.101.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Area" means a tourism promotion area.
(2) "Legislative authority" means the legislative authority of any county with a population greater than forty thousand but less than one million, or of any city or town within
such a county, including unclassified cities or towns operating under special charters.
(3) "Lodging business" means a person that furnishes
lodging taxable by the state under chapter 82.08 RCW that
has forty or more lodging units.
(4) "Tourism promotion" means activities and expenditures designed to increase tourism and convention business,
including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting
and welcoming tourists, and operating tourism destination
marketing organizations. [2003 c 148 § 1.]
(1) The time and place of a hearing to be held by the legislative authority to consider the establishment of an area;
(2) A description of boundaries in the proposed area;
(3) The proposed area uses and projects to which the proposed revenues from the charge shall be dedicated and the
total estimated cost of projects; and
(4) The estimated rate or rates of the charge with a proposed breakdown of classifications as described in RCW
35.101.050. [2003 c 148 § 3.]
35.101.040
35.101.040 Limitations on area included—Interlocal
agreements. (1) Except as provided in subsection (2) of this
section, no legislative authority may establish a tourism promotion area that includes within the boundaries of the area:
(a) Any portion of an incorporated city or town, if the
legislative authority is that of the county; and
(b) Any portion of the county outside of an incorporated
city or town, if the legislative authority is that of the city or
town.
(2) By interlocal agreement adopted pursuant to chapter
39.34 RCW, a county, city, or town may establish a tourism
promotion area that includes within the boundaries of the
area portions of its own jurisdiction and another jurisdiction,
if the other jurisdiction is party to the agreement. [2003 c 148
§ 4.]
35.101.050
35.101.050 Lodging charge—Limitations. A legislative authority may impose a charge on the furnishing of lodging by a lodging business located in the area.
(1) There shall not be more than six classifications upon
which a charge can be imposed.
(2) Classifications can be based upon the number of
rooms, room revenue, or location within the area.
(3) Each classification may have its own rate, which
shall be expressed in terms of nights of stay.
(4) In no case may the rate under this section be in excess
of two dollars per night of stay. [2003 c 148 § 5.]
35.101.060
35.101.020
35.101.020 Establishment—Petition. For the purpose
of establishing a tourism promotion area, an initiation petition must be presented to the legislative authority having
jurisdiction of the area in which the proposed tourism promotion area is to be located. The initiation petition must include
the following:
(1) A description of the boundaries of the proposed area;
(2) The proposed uses and projects to which the proposed revenue from the charge shall be put and the total estimated costs;
(3) The estimated rate for the charge with a proposed
breakdown by class of lodging business if such classification
is to be used; and
(4) The signatures of the persons who operate lodging
businesses in the proposed area who would pay sixty percent
or more of the proposed charges. [2003 c 148 § 2.]
35.101.030
35.101.030 Resolution of intention to establish
area—Hearing. A legislative authority shall, after receiving
a valid initiation petition under RCW 35.101.020, adopt a
resolution of intention to establish an area. The resolution
must state:
[2003 RCW Supp—page 422]
35.101.060 Notice of hearing. Notice of a hearing held
under RCW 35.101.030 shall be given by:
(1) One publication of the resolution of intention in a
newspaper of general circulation in the city or county in
which the area is to be established; and
(2) Mailing a complete copy of the resolution of intention to each lodging business in the proposed area.
Publication and mailing shall be completed at least ten
days prior to the date and time of the hearing. [2003 c 148 §
6.]
35.101.070
35.101.070 Conduct of hearing—Termination of proceedings. Whenever a hearing is held under RCW
35.101.030, the legislative authority shall hear all protests
and receive evidence for or against the proposed action. The
legislative authority may continue the hearing from time to
time. Proceedings shall terminate if protest is made by the
lodging businesses in the area which would pay a majority of
the proposed charges. [2003 c 148 § 7.]
35.101.080
35.101.080 Establishment of area—Ordinance. Only
after an initiation petition has been presented to the legisla-
Municipal Business and Occupation Tax
tive authority under RCW 35.101.020 and only after the legislative authority has conducted a hearing under RCW
35.101.030, may the legislative authority adopt an ordinance
to establish an area. If the legislative authority adopts an
ordinance to establish an area, the ordinance shall contain the
following information:
(1) The number, date, and title of the resolution of intention pursuant to which it was adopted;
(2) The time and place the hearing was held concerning
the formation of the area;
(3) The description of the boundaries of the area;
(4) The initial or additional rate of charges to be imposed
with a breakdown by classification, if such classification is
used;
(5) A statement that an area has been established; and
(6) The uses to which the charge revenue shall be put.
Uses shall conform to the uses declared in the initiation petition under RCW 35.101.020. [2003 c 148 § 8.]
35.102.020
its use, or the legislative authority may create a new advisory
board or commission for the [that] purpose.
(2) The legislative authority may contract with tourism
destination marketing organizations or other similar organizations to administer the operation of the area, so long as the
administration complies with all applicable provisions of
law, including this chapter, and with all county, city, or town
resolutions and ordinances, and with all regulations lawfully
imposed by the state auditor or other state agencies. [2003 c
148 § 13.]
35.101.140
35.101.140 Disestablishment of area—Hearing—
Resolution. The legislative authority may disestablish an
area by ordinance after a hearing before the legislative
authority. The legislative authority shall adopt a resolution of
intention to disestablish the area at least fifteen days prior to
the hearing required by this section. The resolution shall
give the time and place of the hearing. [2003 c 148 § 14.]
Chapter 35.102 RCW
MUNICIPAL BUSINESS AND OCCUPATION TAX
Chapter 35.102
35.101.090
35.101.090 Administration, collection of lodging
charge. (1) The charge authorized by this chapter shall be
administered by the department of revenue and shall be collected by lodging businesses from those persons who are taxable by the state under chapter 82.08 RCW. Chapter 82.32
RCW applies to the charge imposed under this chapter.
(2) At least seventy-five days prior to the effective date
of the resolution or ordinance imposing the charge, the legislative authority shall contract for the administration and collection by the department of revenue.
(3) The charges authorized by this chapter that are collected by the department of revenue shall be deposited by the
department in the local tourism promotion account created in
RCW 35.101.100. [2003 c 148 § 9.]
35.101.100
35.101.100 Local tourism promotion account created. The local tourism promotion account is created in the
custody of the state treasurer. All receipts from the charges
for tourism promotion must be deposited into this account.
Expenditures from the account may only be used for tourism
promotion. The state treasurer shall distribute the money in
the account on a monthly basis to the legislative authority on
whose behalf the money was collected. [2003 c 148 § 10.]
35.101.110
35.101.110 Charges are in addition to special assessments. The charges imposed under this chapter are in addition to the special assessments that may be levied under chapter 35.87A RCW. [2003 c 148 § 11.]
35.101.120
35.101.120 Charges are not a tax on sale of lodging.
The charges imposed under this chapter are not a tax on the
"sale of lodging" for the purposes of RCW 82.14.410. [2003
c 148 § 12.]
35.101.130
35.101.130 Legislative authority has sole discretion
concerning use for tourism promotion—Contracts for
operation of area. (1) The legislative authority imposing the
charge shall have sole discretion as to how the revenue
derived from the charge is to be used to promote tourism.
However, the legislative authority may appoint existing advisory boards or commissions to make recommendations as to
Sections
35.102.010
35.102.020
35.102.030
35.102.040
35.102.050
35.102.060
35.102.070
35.102.080
35.102.090
35.102.100
35.102.110
35.102.120
35.102.130
35.102.1301
35.102.140
35.102.900
Findings—Intent.
Limited scope.
Definitions.
Model ordinance—Mandatory provisions.
Nexus required.
Multiple taxation—Credit system.
Reporting frequency.
Computation of interest.
Penalties.
Claim period.
Refund period.
Definitions—Tax classifications.
Allocation and apportionment of income. (Effective January
1, 2008.)
Municipal business and occupation tax—Study of potential
net fiscal impacts.
Municipal business and occupation tax—Implementation by
cities—Contingent authority.
Captions not law—2003 c 79.
35.102.010
35.102.010 Findings—Intent. The legislature finds
that businesses in Washington are concerned about the potential for multiple taxation that arises due to the various city
business and occupation taxes and are concerned about the
lack of uniformity among city jurisdictions. The current system has a negative impact on Washington's business climate.
The legislature further finds that local business and occupation tax revenue provides a sizable portion of city revenue
that is used for essential services. The legislature recognizes
that local government services contribute to a healthy business climate.
The legislature intends to provide for a more uniform
system of city business and occupation taxes that eliminates
multiple taxation, while allowing for some continued local
control and flexibility to cities. [2003 c 79 § 1.]
35.102.020
35.102.020 Limited scope. Chapter 79, Laws of 2003
does not apply to taxes on any service that historically or traditionally has been taxed as a utility business for municipal
tax purposes, such as:
(1) A light and power business or a natural gas distribution business, as defined in RCW 82.16.010;
(2) A telephone business, as defined in RCW 82.04.065;
[2003 RCW Supp—page 423]
35.102.030
Title 35 RCW: Cities and Towns
(3) Cable television services;
(4) Sewer or water services;
(5) Drainage services;
(6) Solid waste services; or
(7) Steam services. [2003 c 79 § 2.]
35.102.030
35.102.030 Definitions. The definitions in this section
apply throughout chapter 79, Laws of 2003, unless the context clearly requires otherwise.
(1) "Business" has the same meaning as given in chapter
82.04 RCW.
(2) "City" means a city, town, or code city.
(3) "Business and occupation tax" or "gross receipts tax"
means a tax imposed on or measured by the value of products, the gross income of the business, or the gross proceeds
of sales, as the case may be, and that is the legal liability of
the business.
(4) "Value of products" has the same meaning as given in
chapter 82.04 RCW.
(5) "Gross income of the business" has the same meaning as given in chapter 82.04 RCW.
(6) "Gross proceeds of sales" has the same meaning as
given in chapter 82.04 RCW. [2003 c 79 § 3.]
35.102.040
35.102.040 Model ordinance—Mandatory provisions. (1)(a) The cities, working through the association of
Washington cities, shall form a model ordinance development committee made up of a representative sampling of cities that as of July 27, 2003, impose a business and occupation
tax. This committee shall work through the association of
Washington cities to adopt a model ordinance on municipal
gross receipts business and occupation tax. The model ordinance and subsequent amendments shall be adopted using a
process that includes opportunity for substantial input from
business stakeholders and other members of the public. Input
shall be solicited from statewide business associations and
from local chambers of commerce and downtown business
associations in cities that levy a business and occupation tax.
(b) The municipal research council shall contract to post
the model ordinance on an internet web site and to make
paper copies available for inspection upon request. The
department of revenue and the department of licensing shall
post copies of or links to the model ordinance on their internet web sites. Additionally, a city that imposes a business
and occupation tax must make copies of its ordinance available for inspection and copying as provided in chapter 42.17
RCW.
(c) The definitions and tax classifications in the model
ordinance may not be amended more frequently than once
every four years, however the model ordinance may be
amended at any time to comply with changes in state law.
Any amendment to a mandatory provision of the model ordinance must be adopted with the same effective date by all cities.
(2) A city that imposes a business and occupation tax
must adopt the mandatory provisions of the model ordinance.
The following provisions are mandatory:
(a) A system of credits that meets the requirements of
RCW 35.102.060 and a form for such use;
(b) A uniform, minimum small business tax threshold of
at least the equivalent of twenty thousand dollars in gross
[2003 RCW Supp—page 424]
income annually. A city may elect to deviate from this
requirement by creating a higher threshold or exemption but
it shall not deviate lower than the level required in this subsection. If a city has a small business threshold or exemption
in excess of that provided in this subsection as of January 1,
2003, and chooses to deviate below the threshold or exemption level that was in place as of January 1, 2003, the city
must notify all businesses licensed to do business within the
city at least one hundred twenty days prior to the potential
implementation of a lower threshold or exemption amount;
(c) Tax reporting frequencies that meet the requirements
of RCW 35.102.070;
(d) Penalty and interest provisions that meet the requirements of RCW 35.102.080 and 35.102.090;
(e) Claim periods that meet the requirements of RCW
35.102.100;
(f) Refund provisions that meet the requirements of
RCW 35.102.110; and
(g) Definitions, which at a minimum, must include the
definitions enumerated in RCW 35.102.030 and 35.102.120.
The definitions in chapter 82.04 RCW shall be used as the
baseline for all definitions in the model ordinance, and any
deviation in the model ordinance from these definitions must
be described by a comment in the model ordinance.
(3) Except for the system of credits developed to address
multiple taxation under subsection (2)(a) of this section, a
city may adopt its own provisions for tax exemptions, tax
credits, and tax deductions.
(4) Any city that adopts an ordinance that deviates from
the nonmandatory provisions of the model ordinance shall
make a description of such differences available to the public,
in written and electronic form. [2003 c 79 § 4.]
35.102.050
35.102.050 Nexus required. A city may not impose a
business and occupation tax on a person unless that person
has nexus with the city. For the purposes of this section, the
term "nexus" means business activities conducted by a person sufficient to subject that person to the taxing jurisdiction
of a city under the standards established for interstate commerce under the commerce clause of the United States Constitution. [2003 c 79 § 5.]
35.102.060
35.102.060 Multiple taxation—Credit system. (1) A
city that imposes a business and occupation tax shall provide
for a system of credits to avoid multiple taxation as follows:
(a) Persons who engage in business activities that are
within the purview of more than one classification of the tax
shall be taxable under each applicable classification.
(b) Notwithstanding anything to the contrary in this section, if imposition of the tax would place an undue burden
upon interstate commerce or violate constitutional requirements, a taxpayer shall be allowed a credit only to the extent
necessary to preserve the validity of the tax.
(c) Persons taxable under the retailing or wholesaling
classification with respect to selling products in a city shall be
allowed a credit against those taxes for any eligible gross
receipts taxes paid by the person (i) with respect to the manufacturing of the products sold in the city, and (ii) with
respect to the extracting of the products, or the ingredients
used in the products, sold in the city. The amount of the
Municipal Business and Occupation Tax
35.102.130
35.102.120
credit shall not exceed the tax liability arising with respect to
the sale of those products.
(d) Persons taxable under the manufacturing classification with respect to manufacturing products in a city shall be
allowed a credit against that tax for any eligible gross receipts
tax paid by the person with respect to extracting the ingredients of the products manufactured in the city and with respect
to manufacturing the products other than in the city. The
amount of the credit shall not exceed the tax liability arising
with respect to the manufacturing of those products.
(e) Persons taxable under the retailing or wholesaling
classification with respect to selling products in a city shall be
allowed a credit against those taxes for any eligible gross
receipts taxes paid by the person with respect to the printing,
or the printing and publishing, of the products sold within the
city. The amount of the credit shall not exceed the tax liability arising with respect to the sale of those products.
(2) The model ordinance shall be drafted to address the
issue of multiple taxation for those tax classifications that are
in addition to those enumerated in subsection (1)(c) through
(e) of this section. The objective of any such provisions shall
be to eliminate multiple taxation of the same income by two
or more cities. [2003 c 79 § 6.]
35.102.070
35.102.070 Reporting frequency. A city that imposes
a business and occupation tax shall allow reporting and payment of tax on a monthly, quarterly, or annual basis. The frequency for any particular person may be assigned at the discretion of the city, except that monthly reporting may be
assigned only if it can be demonstrated that the taxpayer is
remitting excise tax to the state on a monthly basis. For persons assigned a monthly frequency, payment is due within
the same time period provided for monthly taxpayers under
RCW 82.32.045. For persons assigned a quarterly or annual
frequency, payment is due within the same time period as
provided for quarterly or annual frequency under RCW
82.32.045. [2003 c 79 § 7.]
35.102.080
35.102.080 Computation of interest. (1) A city that
imposes a business and occupation tax shall compute interest
charged a taxpayer on an underpaid tax or penalty in accordance with RCW 82.32.050.
(2) A city that imposes a business and occupation tax
shall compute interest paid on refunds or credits of amounts
paid or other recovery allowed a taxpayer in accordance with
RCW 82.32.060. [2003 c 79 § 8.]
35.102.090
35.102.090 Penalties. A city that imposes a business
and occupation tax shall provide for the imposition of penalties in accordance with chapter 82.32 RCW. [2003 c 79 § 9.]
35.102.100
35.102.100 Claim period. The provisions relating to
the time period allowed for an assessment or correction of an
assessment for additional taxes, penalties, or interest shall be
in accordance with chapter 82.32 RCW. [2003 c 79 § 10.]
35.102.110
35.102.110 Refund period. The provisions relating to
the time period allowed for a refund of taxes paid shall be in
accordance with chapter 82.32 RCW. [2003 c 79 § 11.]
35.102.120 Definitions—Tax classifications. (1) In
addition to the definitions in RCW 35.102.030, the following
terms and phrases must be defined in the model ordinance
under RCW 35.102.040, and such definitions shall include
any specific requirements as noted in this subsection:
(a) Eligible gross receipts tax.
(b) Extracting.
(c) Manufacturing. Software development may not be
defined as a manufacturing activity.
(d) Retailing.
(e) Retail sale.
(f) Services. The term "services" excludes retail or
wholesale services.
(g) Wholesale sale.
(h) Wholesaling.
(i) To manufacture.
(j) Commercial and industrial use.
(k) Engaging in business.
(l) Person.
(2) Any tax classifications in addition to those enumerated in subsection (1) of this section that are included in the
model ordinance must be uniform among all cities. [2003 c
79 § 12.]
35.102.130
35.102.130 Allocation and apportionment of income.
(Effective January 1, 2008.) A city that imposes a business
and occupation tax shall provide for the allocation and apportionment of a person's gross income, other than persons subject to the provisions of chapter 82.14A RCW, as follows:
(1) Gross income derived from all activities other than
those taxed as service or royalties shall be allocated to the
location where the activity takes place.
(a) In the case of sales of tangible personal property, the
activity takes place where delivery to the buyer occurs.
(b) If a business activity allocated under this subsection
(1) takes place in more than one city and all cities impose a
gross receipts tax, a credit shall be allowed as provided in
RCW 35.102.060; if not all of the cities impose a gross
receipts tax, the affected cities shall allow another credit or
allocation system as they and the taxpayer agree.
(2) Gross income derived as royalties from the granting
of intangible rights shall be allocated to the commercial
domicile of the taxpayer.
(3) Gross income derived from activities taxed as services shall be apportioned to a city by multiplying apportionable income by a fraction, the numerator of which is the payroll factor plus the service-income factor and the denominator of which is two.
(a) The payroll factor is a fraction, the numerator of
which is the total amount paid in the city during the tax period
by the taxpayer for compensation and the denominator of
which is the total compensation paid everywhere during the
tax period. Compensation is paid in the city if:
(i) The individual is primarily assigned within the city;
(ii) The individual is not primarily assigned to any place
of business for the tax period and the employee performs fifty
percent or more of his or her service for the tax period in the
city; or
(iii) The individual is not primarily assigned to any place
of business for the tax period, the individual does not perform
[2003 RCW Supp—page 425]
35.102.1301
Title 35 RCW: Cities and Towns
fifty percent or more of his or her service in any city[,] and
the employee resides in the city.
(b) The service income factor is a fraction, the numerator
of which is the total service income of the taxpayer in the city
during the tax period, and the denominator of which is the
total service income of the taxpayer everywhere during the
tax period. Service income is in the city if:
(i) The customer location is in the city; or
(ii) The income-producing activity is performed in more
than one location and a greater proportion of the serviceincome-producing activity is performed in the city than in
any other location, based on costs of performance, and the
taxpayer is not taxable at the customer location; or
(iii) The service-income-producing activity is performed
within the city, and the taxpayer is not taxable in the customer
location.
(c) If the allocation and apportionment provisions of this
subsection do not fairly represent the extent of the taxpayer's
business activity in the city or cities in which the taxpayer
does business, the taxpayer may petition for or the tax administrators may jointly require, in respect to all or any part of the
taxpayer's business activity, that one of the following methods be used jointly by the cities to allocate or apportion gross
income, if reasonable:
(i) Separate accounting;
(ii) The use of a single factor;
(iii) The inclusion of one or more additional factors that
will fairly represent the taxpayer's business activity in the
city; or
(iv) The employment of any other method to effectuate
an equitable allocation and apportionment of the taxpayer's
income.
(4) The definitions in this subsection apply throughout
this section.
(a) "Apportionable income" means the gross income of
the business taxable under the service classifications of a
city's gross receipts tax, including income received from
activities outside the city if the income would be taxable
under the service classification if received from activities
within the city, less any exemptions or deductions available.
(b) "Compensation" means wages, salaries, commissions, and any other form of remuneration paid to individuals
for personal services that are or would be included in the individual's gross income under the federal internal revenue
code.
(c) "Individual" means any individual who, under the
usual common law rules applicable in determining the
employer-employee relationship, has the status of an
employee of that taxpayer.
(d) "Customer location" means the city or unincorporated area of a county where the majority of the contacts
between the taxpayer and the customer take place.
(e) "Primarily assigned" means the business location of
the taxpayer where the individual performs his or her duties.
(f) "Service-taxable income" or "service income" means
gross income of the business subject to tax under either the
service or royalty classification.
(g) "Tax period" means the calendar year during which
tax liability is accrued. If taxes are reported by a taxpayer on
a basis more frequent than once per year, taxpayers shall calculate the factors for the previous calendar year for reporting
[2003 RCW Supp—page 426]
in the current calendar year and correct the reporting for the
previous year when the factors are calculated for that year,
but not later than the end of the first quarter of the following
year.
(h) "Taxable in the customer location" means either that
a taxpayer is subject to a gross receipts tax in the customer
location for the privilege of doing business, or that the government where the customer is located has the authority to
subject the taxpayer to gross receipts tax regardless of
whether, in fact, the government does so. [2003 c 79 § 13.]
Effective date—2003 c 79 § 13: "Section 13 of this act takes effect January 1, 2008." [2003 c 79 § 19.]
35.102.1301
35.102.1301 Municipal business and occupation
tax—Study of potential net fiscal impacts. (1) The department of revenue shall conduct a study of the net fiscal
impacts of chapter 79, Laws of 2003, with particular emphasis on the revenue impacts of the apportionment and allocation method contained in RCW 35.102.130 and any revenue
impact resulting from the increased uniformity and consistency provided through the model ordinance. In conducting
the study, the department shall use, and regularly consult
with, a committee composed of an equal representation from
interested business representatives and from a representative
sampling of cities imposing business and occupation taxes.
The department shall report the final results of the study to
the governor and the fiscal committees of the legislature by
November 30, 2005. In addition, the department shall provide progress reports to the governor and the fiscal committees of the legislature on November 30, 2003, and November
30, 2004. As part of its report, the department shall examine
and recommend options to address any adverse revenue
impacts to local jurisdictions.
(2) For the purposes of this section, "net fiscal impacts"
means accounting for the potential of both positive and negative fiscal impacts on local jurisdictions that may result from
chapter 79, Laws of 2003.
(3) It is the intent of the legislature through this study to
provide accurate fiscal impact analysis and recommended
options to alleviate revenue impacts from chapter 79, Laws of
2003 so as to allow local jurisdictions to anticipate and appropriately address any potential adverse revenue impacts from
chapter 79, Laws of 2003. [2003 c 79 § 15.]
35.102.140
35.102.140 Municipal business and occupation tax—
Implementation by cities—Contingent authority. Cities
imposing business and occupation taxes must comply with all
requirements of RCW 35.102.020 through 35.102.130 by
December 31, 2004. A city that has not complied with the
requirements of RCW 35.102.020 through 35.102.130 by
December 31, 2004, may not impose a tax that is imposed by
a city on the privilege of engaging in business activities. Cities imposing business and occupation taxes after December
31, 2004, must comply with RCW 35.102.020 through
35.102.130. [2003 c 79 § 14.]
35.102.900
35.102.900 Captions not law—2003 c 79. Captions
used in this act are not any part of the law. [2003 c 79 § 17.]
Optional Municipal Code
Title 35A
Title 35A
OPTIONAL MUNICIPAL CODE
Chapters
35A.01
35A.14
35A.21
35A.36
35A.63
35A.69
35A.80
Interpretation of terms.
Annexation by code cities.
Provisions affecting all code cities.
Execution of bonds by proxy in code cities.
Planning and zoning in code cities.
Food and drug.
Public utilities.
Municipal business and occupation tax: Chapter 35.102 RCW.
Tourism promotion areas: Chapter 35.101 RCW.
Chapter 35A.01
Chapter 35A.01 RCW
INTERPRETATION OF TERMS
Sections
35A.01.040 Sufficiency of petitions.
35A.01.040
35A.01.040 Sufficiency of petitions. Wherever in this
title petitions are required to be signed and filed, the following rules shall govern the sufficiency thereof:
(1) A petition may include any page or group of pages
containing an identical text or prayer intended by the circulators, signers or sponsors to be presented and considered as
one petition and containing the following essential elements
when applicable, except that the elements referred to in (d)
and (e) of this subsection are essential for petitions referring
or initiating legislative matters to the voters, but are directory
as to other petitions:
(a) The text or prayer of the petition which shall be a
concise statement of the action or relief sought by petitioners
and shall include a reference to the applicable state statute or
city ordinance, if any;
(b) If the petition initiates or refers an ordinance, a true
copy thereof;
(c) If the petition seeks the annexation, incorporation,
withdrawal, or reduction of an area for any purpose, an accurate legal description of the area proposed for such action and
if practical, a map of the area;
(d) Numbered lines for signatures with space provided
beside each signature for the name and address of the signer
and the date of signing;
(e) The warning statement prescribed in subsection (2) of
this section.
(2) Petitions shall be printed or typed on single sheets of
white paper of good quality and each sheet of petition paper
having a space thereon for signatures shall contain the text or
prayer of the petition and the following warning:
WARNING
Every person who signs this petition with any other
than his or her true name, or who knowingly signs
more than one of these petitions, or signs a petition
seeking an election when he or she is not a legal
voter, or signs a petition when he or she is otherwise
not qualified to sign, or who makes herein any false
statement, shall be guilty of a misdemeanor.
35A.01.040
Each signature shall be executed in ink or indelible pencil and shall be followed by the name and address of the
signer and the date of signing.
(3) The term "signer" means any person who signs his or
her own name to the petition.
(4) To be sufficient a petition must contain valid signatures of qualified registered voters or property owners, as the
case may be, in the number required by the applicable statute
or ordinance. Within three working days after the filing of a
petition, the officer with whom the petition is filed shall
transmit the petition to the county auditor for petitions signed
by registered voters, or to the county assessor for petitions
signed by property owners for determination of sufficiency.
The officer or officers whose duty it is to determine the sufficiency of the petition shall proceed to make such a determination with reasonable promptness and shall file with the
officer receiving the petition for filing a certificate stating the
date upon which such determination was begun, which date
shall be referred to as the terminal date. Additional pages of
one or more signatures may be added to the petition by filing
the same with the appropriate filing officer prior to such terminal date. Any signer of a filed petition may withdraw his
or her signature by a written request for withdrawal filed with
the receiving officer prior to such terminal date. Such written
request shall so sufficiently describe the petition as to make
identification of the person and the petition certain. The
name of any person seeking to withdraw shall be signed
exactly the same as contained on the petition and, after the filing of such request for withdrawal, prior to the terminal date,
the signature of any person seeking such withdrawal shall be
deemed withdrawn.
(5) Petitions containing the required number of signatures shall be accepted as prima facie valid until their invalidity has been proved.
(6) A variation on petitions between the signatures on the
petition and that on the voter's permanent registration caused
by the substitution of initials instead of the first or middle
names, or both, shall not invalidate the signature on the petition if the surname and handwriting are the same.
(7) Signatures, including the original, of any person who
has signed a petition two or more times shall be stricken.
(8) Signatures followed by a date of signing which is
more than six months prior to the date of filing of the petition
shall be stricken.
(9) When petitions are required to be signed by the owners of property, the determination shall be made by the
county assessor. Where validation of signatures to the petition is required, the following shall apply:
(a) The signature of a record owner, as determined by the
records of the county auditor, shall be sufficient without the
signature of his or her spouse;
(b) In the case of mortgaged property, the signature of
the mortgagor shall be sufficient, without the signature of his
or her spouse;
(c) In the case of property purchased on contract, the signature of the contract purchaser, as shown by the records of
the county auditor, shall be deemed sufficient, without the
signature of his or her spouse;
(d) Any officer of a corporation owning land within the
area involved who is duly authorized to execute deeds or
encumbrances on behalf of the corporation, may sign on
[2003 RCW Supp—page 427]
Chapter 35A.14
Title 35A RCW: Optional Municipal Code
behalf of such corporation, and shall attach to the petition a
certified excerpt from the bylaws of such corporation showing such authority;
(e) When property stands in the name of a deceased person or any person for whom a guardian has been appointed,
the signature of the executor, administrator, or guardian, as
the case may be, shall be equivalent to the signature of the
owner of the property; and
(f) When a parcel of property is owned by multiple owners, the signature of an owner designated by the multiple
owners is sufficient.
(10) The officer or officers responsible for determining
the sufficiency of the petition shall do so in writing and transmit the written certificate to the officer with whom the petition was originally filed. [2003 c 331 § 9; 1996 c 286 § 7;
1985 c 281 § 26; 1967 ex.s. c 119 § 35A.01.040.]
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
Severability—1985 c 281: See RCW 35.10.905.
Chapter 35A.14
Chapter 35A.14 RCW
ANNEXATION BY CODE CITIES
Sections
35A.14.420 Alternative direct petition method—Notice to legislative
body—Meeting—Assumption of indebtedness—Proposed
zoning regulation—Contents of petition.
35A.14.430 Alternative direct petition method—Notice of hearing.
35A.14.440 Alternative direct petition method—Ordinance providing for
annexation.
35A.14.450 Alternative direct petition method—Effective date of annexation.
35A.14.460 Annexation of territory within urban growth areas—Interlocal
agreement—Public hearing—Ordinance providing for
annexation.
35A.14.470 Annexation of territory within urban growth areas—County
may initiate process with other cities or towns, when—Interlocal agreement—Public hearing—Ordinance providing for
annexation—Referendum—Election, when necessary.
35A.14.420
35A.14.420 Alternative direct petition method—
Notice to legislative body—Meeting—Assumption of
indebtedness—Proposed zoning regulation—Contents of
petition. (1) Proceedings for initiating annexation of unincorporated territory to a charter code city or noncharter code
city may be commenced by the filing of a petition of property
owners of the territory proposed to be annexed, in the following manner which is alternative to other methods provided in
this chapter:
(a) Before the circulation of a petition for annexation, the
initiating party or parties, who shall be the owners of not less
than ten percent of the acreage for which annexation is
sought, shall notify the legislative body of the code city in
writing of their intention to commence annexation proceedings;
(b) The legislative body shall set a date, not later than
sixty days after the filing of the request, for a meeting with
the initiating parties to determine whether the code city will
accept, reject, or geographically modify the proposed annexation, whether it shall require the simultaneous adoption of a
proposed zoning regulation, if such a proposal has been prepared and filed for the area to be annexed as provided for in
RCW 35A.14.330 and 35A.14.340, and whether it shall
require the assumption of all or any portion of existing city
indebtedness by the area to be annexed;
[2003 RCW Supp—page 428]
(c) If the legislative body requires the assumption of all
or any portion of indebtedness and/or the adoption of a proposed zoning regulation, it shall record this action in its minutes and the petition for annexation shall be so drawn as to
clearly indicate these facts;
(d) Approval by the legislative body shall be a condition
precedent to circulation of the petition; and
(e) There shall be no appeal from the decision of the legislative body.
(2) A petition for annexation of an area contiguous to a
code city may be filed with the legislative body of the municipality to which annexation is desired. The petition for
annexation must be signed by the owners of a majority of the
acreage for which annexation is petitioned and a majority of
the registered voters residing in the area for which annexation
is petitioned.
(3) If no residents exist within the area proposed for
annexation, the petition must be signed by the owners of a
majority of the acreage for which annexation is petitioned.
(4) The petition shall set forth a legal description of the
property proposed to be annexed that complies with RCW
35A.14.410, and shall be accompanied by a drawing that outlines the boundaries of the property sought to be annexed. If
the legislative body has required the assumption of all or any
portion of city indebtedness by the area annexed or the adoption of a proposed zoning regulation, these facts, together
with a quotation of the minute entry of such requirement, or
requirements, shall also be set forth in the petition. [2003 c
331 § 10.]
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35A.14.430
35A.14.430 Alternative direct petition method—
Notice of hearing. When a petition for annexation is filed
with the legislative body of a code city, that meets the
requirements of RCW 35A.01.040 and 35A.14.420, the legislative body may entertain the same, fix a date for a public
hearing thereon and cause notice of the hearing to be published in one or more issues of a newspaper of general circulation in the city. The notice shall also be posted in three public places within the territory proposed for annexation, and
shall specify the time and place of hearing and invite interested persons to appear and voice approval or disapproval of
the annexation. [2003 c 331 § 11.]
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35A.14.440
35A.14.440 Alternative direct petition method—
Ordinance providing for annexation. Following the hearing, if the legislative body determines to effect the annexation, they shall do so by ordinance. Subject to RCW
35A.14.410, the ordinance may annex all or any portion of
the proposed area but may not include in the annexation any
property not described in the petition. Upon passage of the
annexation ordinance, a certified copy shall be filed with the
board of county commissioners of the county in which the
annexed property is located. [2003 c 331 § 12.]
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
Annexation by Code Cities
35A.14.470
35A.14.450
35A.14.450 Alternative direct petition method—
Effective date of annexation. Upon the date fixed in the
ordinance of annexation, the area annexed shall become part
of the city. All property within the annexed territory shall, if
the annexation petition so provided, be assessed and taxed at
the same rate and on the same basis as the property of the
annexing code city is assessed and taxed to pay for the portion of any then-outstanding indebtedness of the city to which
the area is annexed, which indebtedness has been approved
by the voters, contracted for, or incurred before, or existing
at, the date of annexation and that the city has required to be
assumed. If the annexation petition so provided, all property
in the annexed area shall be subject to and a part of the proposed zoning regulation as prepared and filed as provided for
in RCW 35A.14.330 and 35A.14.340. [2003 c 331 § 13.]
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35A.14.460
35A.14.460 Annexation of territory within urban
growth areas—Interlocal agreement—Public hearing—
Ordinance providing for annexation. (1) The legislative
body of a county or code city planning under chapter 36.70A
RCW and subject to the requirements of RCW 36.70A.215
may initiate an annexation process for unincorporated territory by adopting a resolution commencing negotiations for an
interlocal agreement as provided in chapter 39.34 RCW
between a county and any code city within the county. The
territory proposed for annexation must meet the following
criteria: (a) Be within the code city urban growth area designated under RCW 36.70A.110, and (b) at least sixty percent
of the boundaries of the territory proposed for annexation
must be contiguous to the annexing code city or one or more
cities or towns.
(2) If the territory proposed for annexation has been designated in an adopted county comprehensive plan as part of
an urban growth area, urban service area, or potential annexation area for a specific city, or if the urban growth area territory proposed for annexation has been designated in a written
agreement between a city and a county for annexation to a
specific city or town, the designation or designations shall
receive full consideration before a city or county may initiate
the annexation process provided for in RCW 35A.14.470.
(3) The agreement shall describe the boundaries of the
territory to be annexed. A public hearing shall be held by
each legislative body, separately or jointly, before the agreement is executed. Each legislative body holding a public
hearing shall, separately or jointly, publish the agreement at
least once a week for two weeks before the date of the hearing
in one or more newspapers of general circulation within the
territory proposed for annexation.
(4) Following adoption and execution of the agreement
by both legislative bodies, the city legislative body shall
adopt an ordinance providing for the annexation of the territory described in the agreement. The legislative body shall
cause notice of the proposed effective date of the annexation,
together with a description of the property to be annexed, to
be published at least once each week for two weeks subsequent to passage of the ordinance, in one or more newspapers
of general circulation within the city and in one or more
newspapers of general circulation within the territory to be
annexed. If the annexation ordinance provides for assump-
tion of indebtedness or adoption of a proposed zoning regulation, the notice shall include a statement of the requirements.
Any territory to be annexed through an ordinance adopted
under this section is annexed and becomes a part of the city
upon the date fixed in the ordinance of annexation, which
date may not be fewer than forty-five days after adoption of
the ordinance. [2003 c 299 § 3.]
35A.14.470
35A.14.470 Annexation of territory within urban
growth areas—County may initiate process with other
cities or towns, when—Interlocal agreement—Public
hearing—Ordinance providing for annexation—Referendum—Election, when necessary. (1) The legislative body
of any county planning under chapter 36.70A RCW and subject to the requirements of RCW 36.70A.215 may initiate an
annexation process with the legislative body of any other cities or towns that are contiguous to the territory proposed for
annexation in RCW 35A.14.460 if:
(a) The county legislative body initiated an annexation
process as provided in RCW 35A.14.460; and
(b) The affected city legislative body adopted a responsive resolution rejecting the proposed annexation or declined
to create the requested interlocal agreement with the county;
or
(c) More than one hundred eighty days have passed since
adoption of a county resolution as provided for in RCW
35A.14.460 and the parties have not adopted or executed an
interlocal agreement providing for the annexation of unincorporated territory. The legislative body for either the county
or an affected city may, however, pass a resolution extending
the negotiation period for one or more six-month periods if a
public hearing is held and findings of fact are made prior to
each extension.
(2) Any county initiating the process provided for in subsection (1) of this section must do so by adopting a resolution
commencing negotiations for an interlocal agreement as provided in chapter 39.34 RCW between the county and any city
or town within the county. The annexation area must be
within an urban growth area designated under RCW
36.70A.110 and at least sixty percent of the boundaries of the
territory to be annexed must be contiguous to one or more cities or towns.
(3) The agreement shall describe the boundaries of the
territory to be annexed. A public hearing shall be held by
each legislative body, separately or jointly, before the agreement is executed. Each legislative body holding a public
hearing shall, separately or jointly, publish the agreement at
least once a week for two weeks before the date of the hearing
in one or more newspapers of general circulation within the
territory proposed for annexation.
(4) Following adoption and execution of the agreement
by both legislative bodies, the city or town legislative body
shall adopt an ordinance providing for the annexation. The
legislative body shall cause notice of the proposed effective
date of the annexation, together with a description of the
property to be annexed, to be published at least once each
week for two weeks subsequent to passage of the ordinance,
in one or more newspapers of general circulation within the
city and in one or more newspapers of general circulation
within the territory to be annexed. If the annexation ordinance provides for assumption of indebtedness or adoption of
[2003 RCW Supp—page 429]
Chapter 35A.21
Title 35A RCW: Optional Municipal Code
Chapter 35A.36
a proposed zoning regulation, the notice shall include a statement of the requirements. Any area to be annexed through an
ordinance adopted under this section is annexed and becomes
a part of the city or town upon the date fixed in the ordinance
of annexation, which date may not be less than forty-five
days after adoption of the ordinance.
(5) The annexation ordinances provided for in RCW
35A.14.460(4) and subsection (4) of this section are subject
to referendum for forty-five days after passage. Upon the filing of a timely and sufficient referendum petition with the
legislative body, signed by registered voters in number equal
to not less than fifteen percent of the votes cast in the last general state election in the area to be annexed, the question of
annexation shall be submitted to the voters of the area in a
general election if one is to be held within ninety days or at a
special election called for that purpose not less than forty-five
days nor more than ninety days after the filing of the referendum petition. Notice of the election shall be given as provided in RCW 35A.14.070 and the election shall be conducted as provided in the general election law. The annexation shall be deemed approved by the voters unless a
majority of the votes cast on the proposition are in opposition
thereto.
After the expiration of the forty-fifth day from but
excluding the date of passage of the annexation ordinance, if
no timely and sufficient referendum petition has been filed,
the area annexed shall become a part of the city or town upon
the date fixed in the ordinance of annexation.
(6) If more than one city or town adopts interlocal agreements providing for annexation of the same unincorporated
territory as provided by this section, an election shall be held
in the area to be annexed pursuant to RCW 35A.14.070. In
addition to the provisions of RCW 35A.14.070, the ballot
shall also contain a separate proposition allowing voters to
cast votes in favor of annexation to any one city or town participating in an interlocal agreement as provided by this section. If a majority of voters voting on the proposition vote
against annexation, the proposition is defeated. If, however,
a majority of voters voting in the election approve annexation, the area shall be annexed to the city or town receiving
the highest number of votes among those cast in favor of
annexation.
(7) Costs for an election required under subsection (6) of
this section shall be borne by the county. [2003 c 299 § 4.]
Chapter 35A.21
Chapter 35A.21 RCW
PROVISIONS AFFECTING ALL CODE CITIES
Sections
35A.21.290 Fish enhancement project—Code city's liability.
35A.21.290
35A.21.290 Fish enhancement project—Code city's
liability. A code city is not liable for adverse impacts resulting from a fish enhancement project that meets the criteria of
RCW 77.55.290 and has been permitted by the department of
fish and wildlife. [2003 c 39 § 16; 1998 c 249 § 10.]
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.290.
[2003 RCW Supp—page 430]
Chapter 35A.36 RCW
EXECUTION OF BONDS BY PROXY IN
CODE CITIES
Sections
35A.36.040 Designation of bonds to be signed. (Effective July 1, 2004.)
35A.36.040
35A.36.040 Designation of bonds to be signed.
(Effective July 1, 2004.) (1) The officer of a code city whose
duty it is to cause any bonds to be printed, engraved, or lithographed, shall specify in a written order or requisition to the
printer, engraver, or lithographer the number of bonds to be
printed, engraved or lithographed and the manner of numbering them.
(2) Every printer, engraver, or lithographer who knowingly prints, engraves, or lithographs a greater number of
bonds than that specified or who knowingly prints, engraves,
or lithographs more than one bond bearing the same number
is guilty of a class B felony punishable according to chapter
9A.20 RCW. [2003 c 53 § 200; 1967 ex.s. c 119 §
35A.36.040.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 35A.63 RCW
PLANNING AND ZONING IN CODE CITIES
Chapter 35A.63
Sections
35A.63.215 Family day-care provider's home facility—City may not prohibit in residential or commercial area—Conditions.
35A.63.250 Watershed restoration projects—Permit processing—Fish
habitat enhancement project.
35A.63.215
35A.63.215 Family day-care provider's home facility—City may not prohibit in residential or commercial
area—Conditions. (1) Except as provided in subsections (2)
and (3) of this section, no city may enact, enforce, or maintain
an ordinance, development regulation, zoning regulation, or
official control, policy, or administrative practice that prohibits the use of a residential dwelling, located in an area zoned
for residential or commercial use, as a family day-care provider's home facility.
(2) A city may require that the facility: (a) Comply with
all building, fire, safety, health code, and business licensing
requirements; (b) conform to lot size, building size, setbacks,
and lot coverage standards applicable to the zoning district
except if the structure is a legal nonconforming structure; (c)
is certified by the office of child care policy licensor as providing a safe passenger loading area; (d) include signage, if
any, that conforms to applicable regulations; and (e) limit
hours of operations to facilitate neighborhood compatibility,
while also providing appropriate opportunity for persons who
use family day-care and who work a nonstandard work shift.
(3) A city may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property
owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and
the family day-care provider over licensing requirements, the
licensor may provide a forum to resolve the dispute.
(4) Nothing in this section shall be construed to prohibit
a city from imposing zoning conditions on the establishment
Food and Drug
and maintenance of a family day-care provider's home in an
area zoned for residential or commercial use, so long as such
conditions are no more restrictive than conditions imposed on
other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this
section, "family day-care provider" is as defined in RCW
74.15.020. [2003 c 286 § 4; 1995 c 49 § 2; 1994 c 273 § 16.]
35A.63.250
35A.63.250 Watershed restoration projects—Permit
processing—Fish habitat enhancement project. A permit
required under this chapter for a watershed restoration project
as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510. A fish habitat
enhancement p roject m eeting the criteria of RCW
77.55.290(1) shall be reviewed and approved according to
the provisions of RCW 77.55.290. [2003 c 39 § 17; 1998 c
249 § 6; 1995 c 378 § 9.]
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.290.
Chapter 35A.69
Chapter 35A.69 RCW
FOOD AND DRUG
Sections
ing agency or a city, town, or public utility district under the
contract or other instrument. [2003 c 138 § 7.]
Title 36
35A.69.010 Powers and duties prescribed. Every
code city shall have the powers, perform the functions and
duties and enforce the regulations prescribed by general laws
relating to food and drugs for any class of city as provided by
Title 69 RCW; relating to water pollution control as provided
by chapter 90.48 RCW; and relating to food fish and shellfish
as provided by Title 77 RCW. [2003 c 39 § 18; 1999 c 291 §
31; 1994 c 143 § 512. Prior: 1983 1st ex.s. c 46 § 177; 1983
c 3 § 71; 1967 ex.s. c 119 § 35A.69.010.]
Chapter 35A.80
Chapter 35A.80 RCW
PUBLIC UTILITIES
Chapters
36.01
36.16
36.18
36.22
36.23
36.28
36.28A
36.29
36.32
36.54
36.56
36.57A
36.68
36.69
36.70
36.70A
36.70C
36.71
36.75
36.78
36.88
36.89
36.94
36.100
36.120
General provisions.
County officers—General.
Fees of county officers.
County auditor.
County clerk.
County sheriff.
Association of sheriffs and police chiefs.
County treasurer.
County commissioners.
Ferries—County owned.
Metropolitan municipal corporation functions,
etc.—Assumption by counties.
Public transportation benefit areas.
Parks and recreational facilities.
Park and recreation districts.
Planning enabling act.
Growth management—Planning by selected
counties and cities.
Judicial review of land use decisions.
Peddlers' and hawkers' licenses.
Roads and bridges—General provisions.
Roads and bridges—County road administration board.
County road improvement districts.
Highways—Open spaces—Parks—Other public facilities—Storm water control.
Sewerage, water, and drainage systems.
Public facilities districts.
Regional transportation investment districts.
Tourism promotion areas: Chapter 35.101 RCW.
Chapter 36.01
Sections
35A.80.050 Purchase of electric power and energy from joint operating
agency.
Title 36
COUNTIES
35A.69.010 Powers and duties prescribed.
35A.69.010
Chapter 36.16
Chapter 36.01 RCW
GENERAL PROVISIONS
Sections
36.01.230
Cooperative watershed management.
35A.80.050
35A.80.050 Purchase of electric power and energy
from joint operating agency. A code city may contract to
purchase from a joint operating agency electric power and
energy required for its present or future requirements. For
projects the output of which is limited to qualified alternative
energy resources as defined by RCW 19.29A.090(3), the contract may include the purchase of capability of the projects to
produce electricity in addition to the actual output of the
projects. The contract may provide that the code city must
make the payments required by the contract whether or not a
project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction,
or curtailment of the output of a project or the power and
energy contracted for. The contract may also provide that
payments under the contract are not subject to reduction,
whether by offset or otherwise, and shall not be conditioned
upon the performance or nonperformance of the joint operat-
36.01.230
36.01.230 Cooperative watershed management. A
county may, acting through the county legislative authority,
participate in and expend revenue on cooperative watershed
management actions, including watershed management partnerships under RCW 39.34.210 and other intergovernmental
agreements, for purposes of water supply, water quality, and
water resource and habitat protection and management.
[2003 c 327 § 8.]
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
Chapter 36.16
Chapter 36.16 RCW
COUNTY OFFICERS—GENERAL
Sections
36.16.110
Vacancies in office. (Effective if the proposed amendment to
Article II, section 15 of the state Constitution is approved at
the November 2003 general election.)
[2003 RCW Supp—page 431]
36.16.110
Title 36 RCW: Counties
36.16.110
36.16.110 Vacancies in office. (Effective if the proposed amendment to Article II, section 15 of the state Constitution is approved at the November 2003 general election.) The county legislative authority in each county shall,
at its next regular or special meeting after being appraised of
any vacancy in any county, township, precinct, or road district office of the county, fill the vacancy by the appointment
of some person qualified to hold such office, and the officers
thus appointed shall hold office until the next general election, and until their successors are elected and qualified.
If a vacancy occurs in a partisan county office after the
general election in a year that the position appears on the ballot and before the start of the next term, the term of the successor who is of the same party as the incumbent may commence once he or she has qualified as defined in *RCW
29.01.135 and shall continue through the term for which he or
she was elected. [2003 c 238 § 1; 1963 c 4 § 36.16.110.
Prior: 1927 c 163 § 1; RRS § 4059; prior: Code 1881 § 2689;
1867 p 57 § 28.]
*Reviser's note: RCW 29.01.135 was recodified as RCW 29A.04.133
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Contingent effective date—2003 c 238: "This act takes effect January
1, 2004, if the proposed amendment to Article II, section 15 of the state Constitution (HJR 4206) is validly submitted to and is approved and ratified by
the voters at a general election held in November 2003. If the proposed
amendment is not approved and ratified, this act is void in its entirety."
[2003 c 238 § 5.]
Chapter 36.18
Chapter 36.18 RCW
FEES OF COUNTY OFFICERS
Sections
36.18.170
Penalty for failure to pay over fees. (Effective July 1, 2004.)
36.18.170
36.18.170 Penalty for failure to pay over fees. (Effective July 1, 2004.) Any salaried county or precinct officer,
who fails to pay to the county treasury all sums that have
come into the officer's hands for fees and charges for the
county, or by virtue of the officer's office, whether under the
laws of this state or of the United States, is guilty of a class C
felony, and upon conviction thereof shall be punished by
imprisonment in a state correctional facility not less than one
year nor more than three years: PROVIDED, That upon conviction, his or her office shall be declared to be vacant by the
court pronouncing sentence. [2003 c 53 § 201; 1992 c 7 § 33;
1963 c 4 § 36.18.170. Prior: 1893 c 81 § 2; RRS § 4226. Cf.
RCW 42.20.070.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 36.22
Chapter 36.22 RCW
COUNTY AUDITOR
Sections
36.22.070
36.22.175
36.22.181
Original claims to be retained.
Surcharge for local government archives and records management—Records management training—Eastern Washington
regional facility.
Surcharge for prosecution of mortgage lending fraud—Transmittal to state treasurer. (Expires June 30, 2006.)
36.22.070
36.22.070 Original claims to be retained. (1) The
auditor shall also retain all original bills and indorse thereon
claimant's name, nature of claim, the action had, and if a war[2003 RCW Supp—page 432]
rant was issued, date and number the voucher or claim the
same as the warrant.
(2) The auditor may retain all claims, bills, and associated records referenced in subsection (1) of this section in an
electronic format sufficient for the conduct of official business.
(3) For the purposes of this section, "claims" shall
exclude claims filed against the county in accordance with
the provisions of chapter 4.96 RCW. [2003 c 72 § 1; 1963 c
4 § 36.22.070. Prior: 1893 c 119 § 1, part; Code 1881 §
2710, part; 1869 p 310 § 5, part; 1863 p 549 § 5, part; 1854 p
425 § 5, part; RRS § 4086, part.]
36.22.175
36.22.175 Surcharge for local government archives
and records management—Records management training—Eastern Washington regional facility. (1) In addition
to any other charge authorized by law, the county auditor
shall charge a surcharge of one dollar per instrument for each
document recorded. Revenue generated through this surcharge shall be transmitted monthly to the state treasurer for
deposit in the local government archives account under RCW
40.14.024. These funds shall be used solely for providing
records scheduling, security microfilm inspection and storage, archival preservation, cataloging, and indexing for local
government records and digital data and access to those
records and data through the regional branch archives of the
division of archives and records management.
The division of archives and records management within
the office of the secretary of state shall provide records management training for local governments and shall establish a
competitive grant program to solicit and prioritize project
proposals from local governments for potential funding to be
paid for by funds from the auditor surcharge and tax warrant
surcharge revenues. Application for specific projects may be
made by local government agencies only. The state archivist
in consultation with the advisory committee established
under RCW 40.14.027 shall adopt rules governing project
eligibility, evaluation, awarding of grants, and other criteria
including requirements for records management training for
grant recipients.
(2) The advisory committee established under RCW
40.14.027 shall review grant proposals and establish a prioritized list of projects to be considered for funding by January
1st of each even-numbered year, beginning in 2002. The
evaluation of proposals and development of the prioritized
list must be developed through open public meetings. Funding for projects shall be granted according to the ranking of
each application on the prioritized list and projects will be
funded only to the extent that funds are available. A grant
award may have an effective date other than the date the
project is placed on the prioritized list.
(3) In addition to any other surcharge authorized by law,
the county auditor shall charge a surcharge of one dollar per
instrument for every document recorded after January 1,
2002. Revenue generated through this surcharge shall be
transmitted to the state treasurer monthly for deposit in the
local government archives account under RCW 40.14.024 to
be used exclusively for the construction and improvement of
a specialized regional facility located in eastern Washington
designed to serve the archives, records management, and digital data management needs of local government.
County Clerk
To the extent the facilities are used for the storage and
retrieval of state agency records and digital data, that portion
of the construction of such facilities used for state government records and data shall be supported by other charges
and fees paid by state agencies and shall not be supported by
the surcharge authorized in this subsection.
At such time that all debt service from construction on
such facility has been paid, fifty percent of the surcharge
authorized by this subsection shall be reverted to the centennial document preservation and modernization account as
prescribed in RCW 36.22.170 and fifty percent of the surcharge authorized by this section shall be reverted to the state
treasurer for deposit in the archives and records management
account to serve the archives, records management, and digital data management needs of local government. [2003 c 163
§ 5; 2001 2nd sp.s. c 13 § 1; 1996 c 245 § 1.]
Effective date—2001 2nd sp.s. c 13: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect June
30, 2001." [2001 2nd sp.s. c 13 § 3.]
Effective date—1996 c 245: See note following RCW 40.14.025.
36.22.181
36.22.181 Surcharge for prosecution of mortgage
lending fraud—Transmittal to state treasurer. (Expires
June 30, 2006.) (1) Except as provided in subsection (2) of
this section, a surcharge of one dollar shall be charged by the
county auditor at the time of recording of each deed of trust,
which will be in addition to any other charge authorized by
law. The auditor may retain up to five percent of the funds
collected to administer collection. The remaining funds shall
be transmitted monthly to the state treasurer who will deposit
the funds into the mortgage lending fraud prosecution
account created in RCW 43.320.140. The department of
financial institutions is responsible for the distribution of the
funds in the account and shall, in consultation with the attorney general and local prosecutors, develop rules for the use of
these funds to pursue criminal prosecution of fraudulent
activities within the mortgage lending process.
(2) The surcharge imposed in this section does not apply
to assignments or substitutions of previously recorded deeds
of trust.
(3) This section expires June 30, 2006. [2003 c 289 § 1.]
Chapter 36.28A
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
Chapter 36.28
Chapter 36.28 RCW
COUNTY SHERIFF
Sections
36.28.060
36.28.070
36.28.080
36.28.140
Duplicate receipts—Penalties. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
36.28.060
36.28.060 Duplicate receipts—Penalties. (Effective
July 1, 2004.) (1) The sheriff shall make duplicate receipts
for all payments for his or her services specifying the particular items thereof, at the time of payment, whether paid by
virtue of the laws of this state or of the United States. Such
duplicate receipts shall be numbered consecutively for each
month commencing with number one. One of such receipts
shall have written or printed upon it the word "original"; and
the other shall have written or printed upon it the word
"duplicate."
(2) At the time of payment of any fees, the sheriff shall
deliver to the person making payment, either personally or by
mail, the copy of the receipt designated "duplicate."
(3) The receipts designated "original" for each month
shall be attached to the verified statement of fees for the corresponding month and the sheriff shall file with the county
treasurer of his or her county all original receipts for each
month with such verified statement.
(4) A sheriff shall not receive his or her salary for the
preceding month until the provisions of this section have
been complied with.
(5) Any sheriff violating this section, or failing to perform any of the duties required thereby, is guilty of a misdemeanor and shall be fined in any sum not less than ten dollars
nor more than fifty dollars for each offense. [2003 c 53 §
202; 1963 c 4 § 36.28.060. Prior: (i) 1909 c 105 § 1; RRS §
4161. (ii) 1909 c 105 § 2; RRS § 4162.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
36.28.070
Chapter 36.23
Chapter 36.23 RCW
COUNTY CLERK
36.28.070 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Sections
36.28.080
36.23.110
36.23.110
Legal financial obligations—Report on collections.
36.23.110 Legal financial obligations—Report on
collections. The Washington association of county officials,
in consultation with county clerks, shall determine a funding
formula for allocation of moneys to counties for purposes of
collecting legal financial obligations, and report this formula
to the legislature and the administrative office of the courts
by September 1, 2003. The Washington association of
county officials shall report on the amounts of legal financial
obligations collected by the county clerks to the appropriate
committees of the legislature no later than December 1, 2004,
and annually thereafter. [2003 c 379 § 20.]
36.28.080 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
36.28.140
36.28.140 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 36.28A RCW
ASSOCIATION OF SHERIFFS AND POLICE CHIEFS
Chapter 36.28A
Sections
36.28A.060 Statewide first responder building mapping information system—Creation—Data must be available to law enforcement,
[2003 RCW Supp—page 433]
36.28A.060
Title 36 RCW: Counties
military, and fire safety agencies—Standards—Public disclosure exemption.
36.28A.070 Statewide first responder building mapping information system—Committee established—Development of guidelines.
36.28A.080 Immunity from liability.
36.28A.060
36.28A.060 Statewide first responder building mapping information system—Creation—Data must be available to law enforcement, military, and fire safety agencies—Standards—Public disclosure exemption. (1) When
funded, the Washington association of sheriffs and police
chiefs shall create and operate a statewide first responder
building mapping information system.
(2) All state agencies and local governments must utilize
building mapping software that complies with the building
mapping software standards established under RCW
36.28A.070 for any building mapped for this purpose after
the statewide first responder building mapping information
system is operational. If, prior to creation of the statewide
building mapping information system, a local government
has utilized building mapping software standards established
under RCW 36.28A.070, the local government may continue
to use its own building mapping system unless the Washington association of sheriffs and police chiefs provides funding
to bring the local government's system in compliance with
the standards established under RCW 36.28A.070.
(3) All state and local government-owned buildings that
are occupied by state or local government employees must be
mapped when funding is provided by the Washington association of sheriffs and police chiefs, or from other sources.
Nothing in chapter 102, Laws of 2003 requires any state
agency or local government to map a building unless the
entire cost of mapping the building is provided by the Washington association of sheriffs and police chiefs, or from other
sources.
(4) Once the statewide first responder building mapping
information system is operational, all state and local government buildings that are mapped must forward their building
mapping information data to the Washington association of
sheriffs and police chiefs. All participating privately, federally, and tribally owned buildings may voluntarily forward
their mapping and emergency information data to the Washington association of sheriffs and police chiefs. The Washington association of sheriffs and police chiefs may refuse
any building mapping information that does not comply with
the specifications described in RCW 36.28A.070.
(5) Consistent with the guidelines developed under
RCW 36.28A.070, the Washington association of sheriffs
and police chiefs shall electronically make the building mapping information available to all state, local, federal, and
tribal law enforcement agencies, the military department of
Washington state, and fire departments.
(6) Consistent with the guidelines developed under
RCW 36.28A.070, the Washington association of sheriffs
and police chiefs shall develop building mapping software
standards that must be used to participate in the statewide
first responder building mapping information system.
(7) The Washington association of sheriffs and police
chiefs shall pursue federal funds to:
(a) Create the statewide first responder building mapping
information system; and
[2003 RCW Supp—page 434]
(b) Develop grants for the mapping of all state and local
government buildings in the order determined under RCW
36.28A.070.
(8) All tactical and intelligence information provided to
the Washington association of sheriffs and police chiefs
under chapter 102, Laws of 2003 is exempt from public disclosure as provided in RCW 42.17.310(1)(d). [2003 c 102 §
2.]
Intent—2003 c 102: "The legislature recognizes the extreme dangers
present when the safety of our citizens requires first responders such as
police and fire fighters to evacuate and secure a building. In an effort to prepare for responding to unintended disasters, criminal acts, and acts of terrorism, the legislature intends to create a statewide first responder building
mapping information system that will provide all first responders with the
information they need to be successful when disaster strikes. The first
responder building mapping system in this act is to be developed for a limited and specific purpose and is in no way to be construed as imposing standards or system requirements on any other mapping systems developed and
used for any other local government purposes." [2003 c 102 § 1.]
36.28A.070
36.28A.070 Statewide first responder building mapping information system—Committee established—
Development of guidelines. (1) The Washington association of sheriffs and police chiefs in consultation with the
Washington state emergency management office, the Washington association of county officials, the Washington association of cities, the information services board, the Washington state fire chiefs' association, and the Washington state
patrol shall convene a committee to establish guidelines
related to the statewide first responder building mapping
information system. The committee shall have the following
responsibilities:
(a) Develop the type of information to be included in the
statewide first responder building mapping information system. The information shall include, but is not limited to:
Floor plans, fire protection information, evacuation plans,
utility information, known hazards, and text and digital
images showing emergency personnel contact information;
(b) Develop building mapping software standards that
must be utilized by all entities participating in the statewide
first responder building mapping information system;
(c) Determine the order in which buildings shall be
mapped when funding is received;
(d) Develop guidelines on how the information shall be
made available. These guidelines shall include detailed procedures and security systems to ensure that the information is
only made available to the government entity that either owns
the building or is responding to an incident at the building;
(e) Recommend training guidelines regarding using the
statewide first responder building mapping information system to the criminal justice training commission and the
Washington state patrol fire protection bureau.
(2)(a) Nothing in this section supersedes the authority of
the information services board under chapter 43.105 RCW.
(b) Nothing in this section supersedes the authority of
state agencies and local governments to control and maintain
access to information within their independent systems.
[2003 c 102 § 3.]
Intent—2003 c 102: See note following RCW 36.28A.060.
36.28A.080
36.28A.080 Immunity from liability. Units of local
government and their employees, as provided in RCW
County Treasurer
36.28A.010, are immune from civil liability for damages arising out of the creation and use of the statewide first responder
building mapping information system, unless it is shown that
an employee acted with gross negligence or bad faith. [2003
c 102 § 4.]
Intent—2003 c 102: See note following RCW 36.28A.060.
36.32.070
special assessments, fees, rates, and charges. The treasurer's
cost determination shall be based upon costs incurred by the
treasurer and may not, in any event, exceed the additional
direct costs incurred by the county to accept the specific form
of payment utilized by the payer. [2003 c 23 § 8; 1997 c 393
§ 19; 1996 c 153 § 3.]
Applicability—1996 c 153: See note following RCW 84.56.020.
Chapter 36.29
Chapter 36.29 RCW
COUNTY TREASURER
Chapter 36.32
Sections
36.29.060
36.29.070
36.29.190
Warrant calls—Penalty for failure to call. (Effective July 1,
2004.)
Repealed. (Effective July 1, 2004.)
Acceptance of payment by credit cards, charge cards, and
other electronic communications authorized—Costs borne
by payer—Exception.
36.29.060
36.29.060 Warrant calls—Penalty for failure to call.
(Effective July 1, 2004.) (1) Whenever the county treasurer
has funds belonging to any fund upon which "interest-bearing" warrants are outstanding, the treasurer shall have the discretion to call warrants. The county treasurer shall give
notice as provided for in RCW 36.29.010(4). The treasurer
shall pay on demand, in the order of their issue, any warrants
when there shall be in the treasury sufficient funds applicable
to such payment.
(2) Any treasurer who knowingly fails to call for or pay
any warrant in accordance with this section is guilty of a misdemeanor and shall be fined not less than twenty-five dollars
nor more than five hundred dollars, and such conviction shall
be sufficient cause for removal from office. [2003 c 53 §
203; 1991 c 245 § 6; 1985 c 469 § 44; 1980 c 100 § 4; 1963 c
4 § 36.29.060. Prior: 1895 c 152 § 1, part; RRS § 4118, part.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
36.29.070
36.29.070 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
36.29.190
36.29.190 Acceptance of payment by credit cards,
charge cards, and other electronic communications
authorized—Costs borne by payer—Exception. County
treasurers are authorized to accept credit cards, charge cards,
debit cards, smart cards, stored value cards, federal wire, and
automatic clearinghouse system transactions, or other electronic communication, for any payment of any kind including, but not limited to, taxes, fines, interest, penalties, special
assessments, fees, rates, charges, or moneys due counties. A
payer desiring to pay by a credit card, charge card, debit card,
smart card, stored value card, federal wire, automatic clearinghouse system, or other electronic communication shall
bear the cost of processing the transaction in an amount determined by the treasurer, unless the county legislative authority
or the legislative authority of a district where the county treasurer serves as ex officio treasurer finds that it is in the best
interests of the county or district to not charge transaction
processing costs for all payment transactions made for a specific category of nontax payments received by the county
treasurer, including, but not limited to, fines, interest not
associated with taxes, penalties not associated with taxes,
Chapter 36.32 RCW
COUNTY COMMISSIONERS
Sections
36.32.0558
36.32.070
36.32.120
36.32.210
36.32.215
36.32.220
36.32.225
36.32.230
Five-member commissions—Vacancies. (Effective if the proposed amendment to Article II, section 15 of the state Constitution is approved at the November 2003 general election.)
Vacancies on board. (Effective if the proposed amendment to
Article II, section 15 of the state Constitution is approved at
the November 2003 general election.)
Powers of legislative authorities.
Inventory of county capitalized assets—County commission
inventory statement—Filing and public inspection—Penalty—Prosecutions—Taxpayer's action. (Effective July 1,
2004.)
Repealed. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
36.32.0558
36.32.0558 Five-member commissions—Vacancies.
(Effective if the proposed amendment to Article II, section
15 of the state Constitution is approved at the November
2003 general election.) Vacancies on a board of county
commissioners consisting of five members shall be filled as
provided in RCW 36.32.070, except that:
(1) Whenever there are three or more vacancies, the governor shall appoint one or more commissioners until there are
a total of three commissioners;
(2) Whenever there are two vacancies, the three commissioners shall fill one of the vacancies;
(3) Whenever there is one vacancy, the four commissioners shall fill the single vacancy; and
(4) Whenever there is a vacancy after the general election in a year that the position appears on the ballot and
before the start of the next term, the term of the successor
who is of the same party as the incumbent may commence
once he or she has qualified as defined in *RCW 29.01.135
and shall continue through the term for which he or she was
elected. [2003 c 238 § 2; 1990 c 252 § 6.]
*Reviser's note: RCW 29.01.135 was recodified as RCW 29A.04.133
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Contingent effective date—2003 c 238: See note following RCW
36.16.110.
36.32.070
36.32.070 Vacancies on board. (Effective if the proposed amendment to Article II, section 15 of the state Constitution is approved at the November 2003 general election.) Whenever there is a vacancy in the board of county
commissioners, except as provided in RCW 36.32.0558, it
shall be filled as follows:
(1) If there are three vacancies, the governor of the state
shall appoint two of the officers. The two commissioners
thus appointed shall then meet and select the third commissioner. If the two appointed commissioners fail to agree upon
selection of the third after the expiration of five days from the
[2003 RCW Supp—page 435]
36.32.120
Title 36 RCW: Counties
day they were appointed, the governor shall appoint the
remaining commissioner.
(2) Whenever there are two vacancies in the office of
county commissioner, the governor shall appoint one commissioner, and the two commissioners then in office shall
appoint the third commissioner. If they fail to agree upon a
selection after the expiration of five days from the day of the
governor's appointment, the governor shall appoint the third
commissioner.
(3) Whenever there is one vacancy in the office of county
commissioner, the two remaining commissioners shall fill the
vacancy. If the two commissioners fail to agree upon a selection after the expiration of five days from the day the vacancy
occurred, the governor shall appoint the third commissioner.
(4) Whenever there is a vacancy in the office of county
commissioner after the general election in a year that the
position appears on the ballot and before the start of the next
term, the term of the successor who is of the same party as the
incumbent may commence once he or she has qualified as
defined in *RCW 29.01.135 and shall continue through the
term for which he or she was elected. [2003 c 238 § 3; 1990
c 252 § 7; 1963 c 4 § 36.32.070. Prior: 1933 c 100 § 1; RRS
§ 4038-1.]
*Reviser's note: RCW 29.01.135 was recodified as RCW 29A.04.133
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Contingent effective date—2003 c 238: See note following RCW
36.16.110.
36.32.120
36.32.120 Powers of legislative authorities. The legislative authorities of the several counties shall:
(1) Provide for the erection and repairing of court
houses, jails, and other necessary public buildings for the use
of the county;
(2) Lay out, discontinue, or alter county roads and highways within their respective counties, and do all other necessary acts relating thereto according to law, except within cities and towns which have jurisdiction over the roads within
their limits;
(3) License and fix the rates of ferriage; grant grocery
and other licenses authorized by law to be by them granted at
fees set by the legislative authorities which shall not exceed
the costs of administration and operation of such licensed
activities;
(4) Fix the amount of county taxes to be assessed according to the provisions of law, and cause the same to be collected as prescribed by law;
(5) Allow all accounts legally chargeable against the
county not otherwise provided for, and audit the accounts of
all officers having the care, management, collection, or disbursement of any money belonging to the county or appropriated to its benefit;
(6) Have the care of the county property and the management of the county funds and business and in the name of the
county prosecute and defend all actions for and against the
county, and such other powers as are or may be conferred by
law;
(7) Make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in
conflict with state law, and within the unincorporated area of
the county may adopt by reference Washington state statutes
and recognized codes and/ or compilations printed in book
[2003 RCW Supp—page 436]
form relating to the construction of buildings, the installation
of plumbing, the installation of electric wiring, health, or
other subjects, and may adopt such codes and/ or compilations or portions thereof, together with amendments thereto,
or additions thereto: PROVIDED, That except for Washington state statutes, there shall be filed in the county auditor's
office one copy of such codes and compilations ten days prior
to their adoption by reference, and additional copies may also
be filed in library or city offices within the county as deemed
necessary by the county legislative authority: PROVIDED
FURTHER, That no such regulation, code, compilation,
and/ or statute shall be effective unless before its adoption, a
public hearing has been held thereon by the county legislative
authority of which at least ten days' notice has been given.
Any violation of such regulations, ordinances, codes, compilations, and/ or statutes or resolutions shall constitute a misdemeanor or a civil violation subject to a monetary penalty:
PROVIDED FURTHER, That violation of a regulation, ordinance, code, compilation, and/ or statute relating to traffic
including parking, standing, stopping, and pedestrian
offenses is a traffic infraction, except that violation of a regulation, ordinance, code, compilation, and/ or statute equivalent to those provisions of Title 46 RCW set forth in RCW
46.63.020 remains a misdemeanor. However, the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime and no act
that is a state crime may be made a civil violation. The notice
must set out a copy of the proposed regulations or summarize
the content of each proposed regulation; or if a code is
adopted by reference the notice shall set forth the full official
title and a statement describing the general purpose of such
code. For purposes of this subsection, a summary shall mean
a brief description which succinctly describes the main points
of the proposed regulation. When the county publishes a
summary, the publication shall include a statement that the
full text of the proposed regulation will be mailed upon
request. An inadvertent mistake or omission in publishing
the text or a summary of the content of a proposed regulation
shall not render the regulation invalid if it is adopted. The
notice shall also include the day, hour, and place of hearing
and must be given by publication in the newspaper in which
legal notices of the county are printed;
(8) Have power to compound and release in whole or in
part any debt due to the county when in their opinion the
interest of their county will not be prejudiced thereby, except
in cases where they or any of them are personally interested;
(9) Have power to administer oaths or affirmations necessary in the discharge of their duties and commit for contempt any witness refusing to testify before them with the
same power as district judges;
(10) Have power to declare by ordinance what shall be
deemed a nuisance within the county, including but not limited to "litter" and "potentially dangerous litter" as defined in
RCW 70.93.030; to prevent, remove, and abate a nuisance at
the expense of the parties creating, causing, or committing
the nuisance; and to levy a special assessment on the land or
premises on which the nuisance is situated to defray the cost,
or to reimburse the county for the cost of abating it. This
assessment shall constitute a lien against the property which
shall be of equal rank with state, county, and municipal taxes.
[2003 c 337 § 6; 1994 c 301 § 8; 1993 c 83 § 9; 1989 c 378 §
Ferries—County Owned
39; 1988 c 168 § 8; 1987 c 202 § 206; 1986 c 278 § 2; 1985 c
91 § 1; 1982 c 226 § 3; 1979 ex.s. c 136 § 35; 1975 1st ex.s.
c 216 § 1; 1967 ex.s. c 59 § 1; 1963 c 4 § 36.32.120. Prior:
1961 c 27 § 2; prior: (i) 1947 c 61 § 1; 1943 c 99 § 1; Code
1881 § 2673; 1869 p 305 § 11; 1867 p 54 § 11; 1863 p 542 §
11; 1854 p 421 § 11; Rem. Supp. 1947 § 4056. (ii) Code
1881 § 2681; 1869 p 307 § 20; 1867 p 56 § 20; 1863 p 543 §
20; 1854 p 422 § 20; RRS § 4061. (iii) Code 1881 § 2687;
1869 p 308 § 26; 1867 p 57 § 26; 1863 p 545 § 28; 1854 p 423
§ 22; RRS § 4071.]
Findings—2003 c 337: See note following RCW 70.93.060.
Effective date—1993 c 83: See note following RCW 35.21.163.
Intent—1987 c 202: See note following RCW 2.04.190.
Severability—1986 c 278: See note following RCW 36.01.010.
Effective date—1982 c 226: See note following RCW 35.21.180.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
36.54.110
such offending official and in addition thereto to prosecute
appropriate action to remove such commissioner from office.
(5) Any taxpayer of such county is hereby authorized to
institute the action in conjunction with or independent of the
action of the prosecuting attorney. [2003 c 53 § 204; 1997 c
245 § 3; 1995 c 194 § 5; 1969 ex.s. c 182 § 2; 1963 c 108 § 1;
1963 c 4 § 36.32.210. Prior: 1931 c 95 § 1; RRS § 4056-1.
FORMER PARTS OF SECTION: (i) 1931 c 95 § 2; RRS §
4056-2, now codified as RCW 36.32.213. (ii) 1931 c 95 § 3;
RRS § 4056-3, now codified as RCW 36.32.215.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
State building code: Chapter 19.27 RCW.
36.32.215
36.32.215 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
36.32.220
36.32.210
36.32.210 Inventory of county capitalized assets—
County commission inventory statement—Filing and
public inspection—Penalty—Prosecutions—Taxpayer's
action. (Effective July 1, 2004.) (1) Each board of county
commissioners of the several counties of the state of Washington shall, on the first Monday of March of each year, file
with the auditor of the county a statement verified by oath
showing for the twelve months period ending December 31st
of the preceding year, the following:
(a) A full and complete inventory of all capitalized assets
shall be kept in accordance with standards established by the
state auditor. This inventory shall be segregated to show the
following subheads:
(i) The assets, including equipment, on hand, together
with a statement of the date when acquired, the amount paid
therefor, the estimated life thereof and a sufficient description
to fully identify such property;
(ii) All equipment of every kind or nature sold or disposed of in any manner during such preceding twelve months
period, together with the name of the purchaser, the amount
paid therefor, whether or not the same was sold at public or
private sale, the reason for such disposal and a sufficient
description to fully identify the same; and
(iii) All the equipment purchased during the period,
together with the date of purchase, the amount paid therefor,
whether or not the same was bought under competitive bidding, the price paid therefor and the probable life thereof, the
reason for making the purchase and a sufficient description to
fully identify such property; and
(b) The person to whom such money or any part thereof
was paid and why so paid and the date of such payment.
(2) Inventories shall be filed with the county auditor as a
public record and shall be open to the inspection of the public.
(3) Any county commissioner failing to file such statement or willfully making any false or incorrect statement
therein or aiding or abetting in the making of any false or
incorrect statement is guilty of a gross misdemeanor.
(4) It is the duty of the prosecuting attorney of each
county to within three days from the calling to his or her
attention of any violation to institute proceedings against
36.32.220 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
36.32.225
36.32.225 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
36.32.230
36.32.230 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 36.54
Chapter 36.54 RCW
FERRIES—COUNTY OWNED
Sections
36.54.110
36.54.120
36.54.130
36.54.140
36.54.150
36.54.160
36.54.170
36.54.180
36.54.190
County ferry districts—Authorized—Powers—Governing
body.
County ferry districts—District may construct, purchase, operate, and maintain passenger-only ferries and wharves.
County ferry districts—Tax levy authorized—Uses.
County ferry districts—Excess levies.
County ferry districts—Budget of fund requirements.
County ferry districts—General property tax levies.
County ferry districts—Treasurer—Ferry district fund.
County ferry districts—Not subject to Washington utilities and
transportation commission.
County ferry districts—Dissolution.
36.54.110
36.54.110 County ferry districts—Authorized—
Powers—Governing body. (1) The legislative authority of
a county with a population over one million persons and having a boundary on Puget Sound may adopt an ordinance creating a ferry district in all or a portion of the area of the
county, including the area within the corporate limits of any
city or town within the county. The ordinance may be
adopted only after a public hearing has been held on the creation of a ferry district, and the county legislative authority
makes a finding that it is in the public interest to create the
district. A ferry district is limited to providing passengeronly ferry service.
(2) A ferry district is a municipal corporation, an independent taxing "authority" within the meaning of Article VII,
section 1 of the state Constitution, and a "taxing district"
within the meaning of Article VII, section 2 of the state Constitution.
[2003 RCW Supp—page 437]
36.54.120
Title 36 RCW: Counties
(3) A ferry district is a body corporate and possesses all
the usual powers of a corporation for public purposes as well
as all other powers that may now or hereafter be specifically
conferred by statute, including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, and to sue and be sued.
(4) The members of the county legislative authority, acting ex officio and independently, shall compose the governing body of any ferry district that is created within the county.
The voters of a ferry district must be registered voters residing within the boundaries of the district.
(5) For the purposes of this section, Puget Sound is considered as extending north as far as the Canadian border and
west as far as Port Angeles. [2003 c 83 § 301.]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
annually prepare a budget of the requirements of each district
fund. [2003 c 83 § 305.]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
36.54.160
36.54.160 County ferry districts—General property
tax levies. At the time of making general tax levies in each
year, the county legislative authority of the county in which a
ferry district is located shall make the required levies for district purposes against the real and personal property in the
district. The tax levies must be a part of the general tax roll
and be collected as a part of the general taxes against the
property in the district. [2003 c 83 § 306.]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
36.54.120
36.54.120 County ferry districts—District may construct, purchase, operate, and maintain passenger-only
ferries and wharves. A ferry district may construct, purchase, operate, and maintain passenger-only ferries or
wharves at any unfordable stream, lake, estuary, or bay
within or bordering the ferry district, or between portions of
the ferry district, or between the ferry district and other ferry
districts, together with all the necessary boats, grounds,
roads, approaches, and landings appertaining thereto under
the direction and control of the governing body of the ferry
district, free or for toll as the governing body determines by
resolution. [2003 c 83 § 302.]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
36.54.130
36.54.130 County ferry districts—Tax levy authorized—Uses. (1) To carry out the purposes for which ferry
districts are created, the governing body of a ferry district
may levy each year an ad valorem tax on all taxable property
located in the district not to exceed seventy-five cents per
thousand dollars of assessed value. The levy must be sufficient for the provision of ferry services as shown to be
required by the budget prepared by the governing body of the
ferry district.
(2) A tax imposed under this section may be used only
for providing passenger-only ferry services, including the
purchase, lease, or rental of passenger-only ferry vessels and
dock facilities, the operation and maintenance of passengeronly ferry vessels and dock facilities, and related personnel
costs. [2003 c 83 § 303.]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
36.54.140
36.54.140 County ferry districts—Excess levies. A
ferry district may impose excess levies upon the property
included within the district for a one-year period to be used
for operating or capital purposes whenever authorized by the
electors of the district under RCW 84.52.052 and Article VII,
section 2(a) of the state Constitution. [2003 c 83 § 304.]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
36.54.150
36.54.150 County ferry districts—Budget of fund
requirements. The governing body of the ferry district shall
[2003 RCW Supp—page 438]
36.54.170
36.54.170 County ferry districts—Treasurer—Ferry
district fund. (1) The treasurer of the county in which a ferry
district is located shall be treasurer of the district. The county
treasurer shall receive and disburse ferry district revenues,
collect taxes authorized and levied under this chapter, and
credit district revenues to the proper fund.
(2) The county treasurer shall establish a ferry district
fund, into which must be paid all district revenues, and the
county treasurer shall also maintain such special funds as
may be created by the governing body of a ferry district, into
which the county treasurer shall place all money as the governing body of the district may, by resolution, direct.
(3) The county treasurer shall pay out money received
for the account of the ferry district on warrants issued by the
county auditor against the proper funds of the district.
(4) All district funds must be deposited with the county
depositaries under the same restrictions, contracts, and security as provided for county depositaries.
(5) All interest collected on ferry district funds belongs
to the district and must be deposited to its credit in the proper
district funds. [2003 c 83 § 307.]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
36.54.180
36.54.180 County ferry districts—Not subject to
Washington utilities and transportation commission. A
ferry district is exempt from the provisions of Title 81 RCW
and is not subject to the control of the Washington utilities
and transportation commission. It is not necessary for a ferry
district to apply for a certificate of public convenience and
necessity. [2003 c 83 § 308.]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
36.54.190
36.54.190 County ferry districts—Dissolution. A
ferry district formed under this chapter may be dissolved in
the manner provided in chapter 53.48 RCW, relating to port
districts. [2003 c 83 § 309.]
Findings—Intent—Captions, part headings not law—
Severability—Effective date—2003 c 83: See notes following RCW
36.57A.200.
Metropolitan Municipal Corporation Functions, Etc.—Assumption by Counties
Chapter 36.56 RCW
METROPOLITAN MUNICIPAL CORPORATION
FUNCTIONS, ETC.—ASSUMPTION BY COUNTIES
36.57A.100
Chapter 36.56
Sections
36.56.121
Maintenance plan.
36.56.121
36.56.121 Maintenance plan. As a condition of receiving state funding, a county that has assumed the transportation functions of a metropolitan municipal corporation shall
submit a maintenance and preservation management plan for
certification by the transportation commission or its successor entity. The plan must inventory all transportation system
assets within the direction and control of the county, and provide a preservation plan based on lowest life-cycle cost methodologies. [2003 c 363 § 303.]
Finding—Intent—2003 c 363: See note following RCW 35.84.060.
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
Chapter 36.57A RCW
PUBLIC TRANSPORTATION BENEFIT AREAS
Chapter 36.57A
Sections
36.57A.010 Definitions.
36.57A.100 Agreements with operators of local public transportation services—Operation without agreement prohibited—Purchase
or condemnation of assets.
36.57A.191 Maintenance plan.
36.57A.200 Passenger-only ferry service—Authorized—Investment plan.
36.57A.210 Passenger-only ferry service—Taxes, fees, and tolls.
36.57A.010
36.57A.010 Definitions. The definitions set forth in
this section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Public transportation benefit area" means a municipal corporation of the state of Washington created pursuant to
this chapter.
(2) "Public transportation benefit area authority" or
"authority" means the legislative body of a public transportation benefit area.
(3) "City" means an incorporated city or town.
(4) "Component city" means an incorporated city or
town within a public transportation benefit area.
(5) "City council" means the legislative body of any city
or town.
(6) "County legislative authority" means the board of
county commissioners or the county council.
(7) "Population" means the number of residents as
shown by the figures released for the most recent official
state, federal, or county census, or population determination
made by the office of financial management.
(8) "Public transportation service" means the transportation of packages, passengers, and their incidental baggage by
means other than by chartered bus, sight-seeing bus, together
with the necessary passenger terminals and parking facilities
or other properties necessary for passenger and vehicular
access to and from such people moving systems: PROVIDED, That nothing shall prohibit an authority from leasing
its buses to private certified carriers or prohibit the authority
from providing school bus service. "Public transportation
service" includes passenger-only ferry service for those pub-
lic transportation benefit areas eligible to provide passengeronly ferry service under RCW 36.57A.200.
(9) "Public transportation improvement conference" or
"conference" means the body established pursuant to RCW
36.57A.020 which shall be authorized to establish, subject to
the provisions of RCW 36.57A.030, a public transportation
benefit area pursuant to the provisions of this chapter. [2003
c 83 § 209; 1983 c 65 § 1; 1979 c 151 § 40; 1975 1st ex.s. c
270 § 11.]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
Population determinations, office of financial management: Chapter 43.62
RCW.
36.57A.100
36.57A.100 Agreements with operators of local public transportation services—Operation without agreement prohibited—Purchase or condemnation of assets.
Except in accordance with an agreement made as provided in
this section or in accordance with the provisions of RCW
36.57A.090(3) as now or hereafter amended, upon the effective date on which the public transportation benefit area commences to perform the public transportation service, no person or private corporation shall operate a local public passenger transportation service, including passenger-only ferry
service, within the public transportation benefit area with the
exception of taxis, buses owned or operated by a school district or private school, and buses owned or operated by any
corporation or organization solely for the purposes of the corporation or organization and for the use of which no fee or
fare is charged.
An agreement may be entered into between the public
transportation benefit area authority and any person or corporation legally operating a local public passenger transportation service, including passenger-only ferry service, wholly
within or partly within and partly without the public transportation benefit area and on said effective date under which
such person or corporation may continue to operate such service or any part thereof for such time and upon such terms
and conditions as provided in such agreement. Such agreement shall provide for a periodic review of the terms and conditions contained therein. Where any such local public passenger transportation service, including passenger-only ferry
service, will be required to cease to operate within the public
transportation benefit area, the public transportation benefit
area authority may agree with the owner of such service to
purchase the assets used in providing such service, or if no
agreement can be reached, the public transportation benefit
area authority shall condemn such assets in the manner and
by the same procedure as is or may be provided by law for the
condemnation of other properties for cities of the first class,
except insofar as such laws may be inconsistent with the provisions of this chapter.
Wherever a privately owned public carrier operates
wholly or partly within a public transportation benefit area,
the Washington utilities and transportation commission shall
continue to exercise jurisdiction over such operation as provided by law. [2003 c 83 § 210; 1977 ex.s. c 44 § 4; 1975 1st
ex.s. c 270 § 20.]
[2003 RCW Supp—page 439]
36.57A.191
Title 36 RCW: Counties
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
Severability—Effective date—1977 ex.s. c 44: See notes following
RCW 36.57A.030.
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
36.57A.191
36.57A.191 Maintenance plan. As a condition of
receiving state funding, a public transportation benefit area
authority shall submit a maintenance and preservation management plan for certification by the transportation commission or its successor entity. The plan must inventory all transportation system assets within the direction and control of the
authority, and provide a preservation plan based on lowest
life-cycle cost methodologies. [2003 c 363 § 304.]
Finding—Intent—2003 c 363: See note following RCW 35.84.060.
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
36.57A.200
36.57A.200 Passenger-only ferry service—Authorized—Investment plan. A public transportation benefit
area having a boundary located on Puget Sound may provide
passenger-only ferry service. For the purposes of this chapter
and RCW 82.14.440 and 82.80.130, Puget Sound is considered as extending north as far as the Canadian border and
west as far as Port Angeles. Before a benefit area may provide passenger-only ferry service, it must develop a passenger-only ferry investment plan including elements to operate
or contract for the operation of passenger-only ferry services,
purchase, lease, or rental of ferry vessels and dock facilities
for the provision of transit service, and identify other activities necessary to implement the plan. The plan must set forth
terminal locations to be served, projected costs of providing
services, and revenues to be generated from tolls, locally collected tax revenues, and other revenue sources. The plan
must ensure that services provided under the plan are for the
benefit of the residents of the benefit area. The benefit area
may use any of its powers to carry out this purpose, unless
otherwise prohibited by law. In addition, the public transportation benefit area may enter into contracts and agreements to
operate passenger-only ferry service and public-private partnerships and design-build, general contractor/construction
management, or other alternative procurement process substantially consistent with chapter 39.10 RCW. [2003 c 83 §
201.]
Findings—Intent—2003 c 83: "The legislature finds that passengeronly ferry service is a key element to the state's transportation system and
that it is in the interest of the state to ensure provision of such services. The
legislature further finds that diminished state transportation resources require
that regional and local authorities be authorized to develop, operate, and fund
needed services.
The legislature recognizes that if the state eliminates passenger-only
ferry service on one or more routes, it should provide an opportunity for
locally sponsored service and the department of transportation should assist
in this effort.
It is the intent of the legislature to encourage interlocal agreements to
ensure passenger-only ferry service is reinstated on routes that the Washington state ferry system eliminates." [2003 c 83 § 101.]
Captions, part headings not law—2003 c 83: "Captions and part
headings used in this act are not part of the law." [2003 c 83 § 401.]
Severability—2003 c 83: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2003 c 83 § 402.]
[2003 RCW Supp—page 440]
Effective date—2003 c 83: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 23, 2003]." [2003 c 83 § 403.]
36.57A.210
36.57A.210 Passenger-only ferry service—Taxes,
fees, and tolls. (1) A public transportation benefit area may,
as part of a passenger-only ferry investment plan, recommend
some or all of the following revenue sources as provided in
this chapter:
(a) A motor vehicle excise tax, as provided in RCW
82.80.130;
(b) A sales and use tax, as provided in RCW 82.14.440;
(c) Tolls for passengers and packages and, where applicable, parking; and
(d) Charges or licensing fees for advertising, leasing
space for services to ferry passengers, and other revenue-generating activities.
(2) Taxes may not be imposed without an affirmative
vote of the majority of the voters within the boundaries of the
area voting on a single ballot proposition to both approve a
passenger-only ferry investment plan and to approve taxes to
implement the plan. Revenues from these taxes and fees may
be used only to implement the plan and must be used for the
benefit of the residents of the benefit area. A district may
contract with the state department of revenue or other appropriate entities for administration and collection of any of the
taxes or charges authorized in this section. [2003 c 83 § 202.]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
Chapter 36.68 RCW
PARKS AND RECREATIONAL FACILITIES
Chapter 36.68
Sections
36.68.080
Penalty for violations of regulations. (Effective July 1, 2004.)
36.68.080
36.68.080 Penalty for violations of regulations.
(Effective July 1, 2004.) (1) Except as otherwise provided in
this section, any person violating any rules or regulations
adopted by the board of county commissioners relating to
parks, playgrounds, or other recreational facilities is guilty of
a misdemeanor.
(2)(a) Except as provided in (b) of this subsection, violation of such a rule or regulation relating to traffic including
parking, standing, stopping, and pedestrian offenses is a traffic infraction.
(b) Violation of such a rule or regulation equivalent to
those provisions of Title 46 RCW set forth in RCW
46.63.020 remains a misdemeanor. [2003 c 53 § 205; 1979
ex.s. c 136 § 36; 1963 c 4 § 36.68.080. Prior: 1949 c 94 § 8;
Rem. Supp. 1949 § 3991-21.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Chapter 36.69
Chapter 36.69 RCW
PARK AND RECREATION DISTRICTS
(Formerly: Recreation districts act)
Sections
Planning Enabling Act
36.69.180
Violation of rules—Penalty. (Effective July 1, 2004.)
36.69.180
36.69.180 Violation of rules—Penalty. (Effective July
1, 2004.) (1) Except as otherwise provided in this section, the
violation of any of the rules or regulations of a park and recreation district adopted by its board for the preservation of
order, control of traffic, protection of life or property, or for
the regulation of the use of park property is a misdemeanor.
(2)(a) Except as provided in (b) of this subsection, violation of such a rule or regulation relating to traffic including
parking, standing, stopping, and pedestrian offenses is a traffic infraction.
(b) Violation of such a rule or regulation equivalent to
those provisions of Title 46 RCW set forth in RCW
46.63.020 remains a misdemeanor. [2003 c 53 § 206; 1979
ex.s. c 136 § 37; 1963 c 4 § 36.69.180. Prior: 1957 c 58 §
19.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Chapter 36.70
Chapter 36.70 RCW
PLANNING ENABLING ACT
Sections
36.70.757
36.70.982
36.70.992
Family day-care provider's home facility—County may not
prohibit in residential or commercial area—Conditions.
Fish enhancement projects—County's liability.
Watershed restoration projects—Permit processing—Fish
habitat enhancement project.
36.70A.070
ment and maintenance of a family day-care provider's home
serving twelve or fewer children in an area zoned for residential or commercial use, if the conditions are no more restrictive than conditions imposed on other residential dwellings in
the same zone and the establishment of such facilities is not
precluded. As used in this section, "family day-care provider" is as defined in RCW 74.15.020. [2003 c 286 § 2.]
36.70.982
36.70.982 Fish enhancement projects—County's liability. A county is not liable for adverse impacts resulting
from a fish enhancement project that meets the criteria of
RCW 77.55.290 and has been permitted by the department of
fish and wildlife. [2003 c 39 § 19; 1998 c 249 § 8.]
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.290.
36.70.992
36.70.992 Watershed restoration projects—Permit
processing—Fish habitat enhancement project. A permit
required under this chapter for a watershed restoration project
as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510. A fish habitat
enhancemen t project m eeting the criteria of RCW
77.55.290(1) shall be reviewed and approved according to
the provisions of RCW 77.55.290. [2003 c 39 § 20; 1998 c
249 § 7; 1995 c 378 § 10.]
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.290.
Chapter 36.70A RCW
GROWTH MANAGEMENT—PLANNING BY
SELECTED COUNTIES AND CITIES
Chapter 36.70A
36.70.757
36.70.757 Family day-care provider's home facility—County may not prohibit in residential or commercial area—Conditions. (1) Except as provided in subsections (2) and (3) of this section, no county may enact, enforce,
or maintain an ordinance, development regulation, zoning
regulation, or official control, policy, or administrative practice that prohibits the use of a residential dwelling, located in
an area zoned for residential or commercial use, as a family
day-care provider's facility serving twelve or fewer children.
(2) A county may require that the facility: (a) Comply
with all building, fire, safety, health code, and business
licensing requirements; (b) conform to lot size, building size,
setbacks, and lot coverage standards applicable to the zoning
district except if the structure is a legal nonconforming structure; (c) is certified by the office of child care policy licensor
as providing a safe passenger loading area; (d) include signage, if any, that conforms to applicable regulations; and (e)
limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care who work a nonstandard work
shift.
(3) A county may also require that the family day-care
provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and
maintain such a facility. If a dispute arises between neighbors and the day-care provider over licensing requirements,
the licensor may provide a forum to resolve the dispute.
(4) This section may not be construed to prohibit a
county from imposing zoning conditions on the establish-
Sections
36.70A.070 Comprehensive plans—Mandatory elements.
36.70A.110 Comprehensive plans—Urban growth areas.
36.70A.115 Comprehensive plans and development regulations must provide sufficient land capacity for development.
36.70A.280 Matters subject to board review.
36.70A.367 Major industrial developments—Master planned locations.
36.70A.450 Family day-care provider's home facility—County or city may
not prohibit in residential or commercial area—Conditions.
36.70A.460 Watershed restoration projects—Permit processing—Fish
habitat enhancement project.
36.70A.480 Shorelines of the state.
36.70A.070
36.70A.070 Comprehensive plans—Mandatory elements. The comprehensive plan of a county or city that is
required or chooses to plan under RCW 36.70A.040 shall
consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consistent document and all elements shall be consistent with the future
land use map. A comprehensive plan shall be adopted and
amended with public participation as provided in RCW
36.70A.140.
Each comprehensive plan shall include a plan, scheme,
or design for each of the following:
(1) A land use element designating the proposed general
distribution and general location and extent of the uses of
land, where appropriate, for agriculture, timber production,
housing, commerce, industry, recreation, open spaces, general aviation airports, public utilities, public facilities, and
other land uses. The land use element shall include population densities, building intensities, and estimates of future
[2003 RCW Supp—page 441]
36.70A.070
Title 36 RCW: Counties
population growth. The land use element shall provide for
protection of the quality and quantity of ground water used
for public water supplies. Where applicable, the land use element shall review drainage, flooding, and storm water run-off
in the area and nearby jurisdictions and provide guidance for
corrective actions to mitigate or cleanse those discharges that
pollute waters of the state, including Puget Sound or waters
entering Puget Sound.
(2) A housing element ensuring the vitality and character
of established residential neighborhoods that: (a) Includes an
inventory and analysis of existing and projected housing
needs that identifies the number of housing units necessary to
manage projected growth; (b) includes a statement of goals,
policies, objectives, and mandatory provisions for the preservation, improvement, and development of housing, including
single-family residences; (c) identifies sufficient land for
housing, including, but not limited to, government-assisted
housing, housing for low-income families, manufactured
housing, multifamily housing, and group homes and foster
care facilities; and (d) makes adequate provisions for existing
and projected needs of all economic segments of the community.
(3) A capital facilities plan element consisting of: (a) An
inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities; (b) a forecast of the future needs for such capital facilities; (c) the proposed locations and capacities of expanded or
new capital facilities; (d) at least a six-year plan that will
finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such
purposes; and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs
and to ensure that the land use element, capital facilities plan
element, and financing plan within the capital facilities plan
element are coordinated and consistent. Park and recreation
facilities shall be included in the capital facilities plan element.
(4) A utilities element consisting of the general location,
proposed location, and capacity of all existing and proposed
utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines.
(5) Rural element. Counties shall include a rural element
including lands that are not designated for urban growth,
agriculture, forest, or mineral resources. The following provisions shall apply to the rural element:
(a) Growth management act goals and local circumstances. Because circumstances vary from county to county,
in establishing patterns of rural densities and uses, a county
may consider local circumstances, but shall develop a written
record explaining how the rural element harmonizes the planning goals in RCW 36.70A.020 and meets the requirements
of this chapter.
(b) Rural development. The rural element shall permit
rural development, forestry, and agriculture in rural areas.
The rural element shall provide for a variety of rural densities, uses, essential public facilities, and rural governmental
services needed to serve the permitted densities and uses. In
order to achieve a variety of rural densities and uses, counties
may provide for clustering, density transfer, design guidelines, conservation easements, and other innovative techniques that will accommodate appropriate rural densities and
[2003 RCW Supp—page 442]
uses that are not characterized by urban growth and that are
consistent with rural character.
(c) Measures governing rural development. The rural
element shall include measures that apply to rural development and protect the rural character of the area, as established
by the county, by:
(i) Containing or otherwise controlling rural development;
(ii) Assuring visual compatibility of rural development
with the surrounding rural area;
(iii) Reducing the inappropriate conversion of undeveloped land into sprawling, low-density development in the
rural area;
(iv) Protecting critical areas, as provided in RCW
36.70A.060, and surface water and ground water resources;
and
(v) Protecting against conflicts with the use of agricultural, forest, and mineral resource lands designated under
RCW 36.70A.170.
(d) Limited areas of more intensive rural development.
Subject to the requirements of this subsection and except as
otherwise specifically provided in this subsection (5)(d), the
rural element may allow for limited areas of more intensive
rural development, including necessary public facilities and
public services to serve the limited area as follows:
(i) Rural development consisting of the infill, development, or redevelopment of existing commercial, industrial,
residential, or mixed-use areas, whether characterized as
shoreline development, villages, hamlets, rural activity centers, or crossroads developments. A commercial, industrial,
residential, shoreline, or mixed-use area shall be subject to
the requirements of (d)(iv) of this subsection, but shall not be
subject to the requirements of (c)(ii) and (iii) of this subsection. An industrial area or an industrial use within a mixeduse area or an industrial area under this subsection (5)(d)(i) is
not required to be principally designed to serve the existing
and projected rural population;
(ii) The intensification of development on lots containing, or new development of, small-scale recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses, that rely on a rural location and setting,
but that do not include new residential development. A
small-scale recreation or tourist use is not required to be principally designed to serve the existing and projected rural population. Public services and public facilities shall be limited
to those necessary to serve the recreation or tourist use and
shall be provided in a manner that does not permit low-density sprawl;
(iii) The intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses
that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide job opportunities for rural residents. Rural counties may
allow the expansion of small-scale businesses as long as
those small-scale businesses conform with the rural character
of the area as defined by the local government according to
RCW 36.70A.030(14). Rural counties may also allow new
small-scale businesses to utilize a site previously occupied by
an existing business as long as the new small-scale business
conforms to the rural character of the area as defined by the
Growth Management—Planning by Selected Counties and Cities
local government according to RCW 36.70A.030(14). Public
services and public facilities shall be limited to those necessary to serve the isolated nonresidential use and shall be provided in a manner that does not permit low-density sprawl;
(iv) A county shall adopt measures to minimize and contain the existing areas or uses of more intensive rural development, as appropriate, authorized under this subsection.
Lands included in such existing areas or uses shall not extend
beyond the logical outer boundary of the existing area or use,
thereby allowing a new pattern of low-density sprawl. Existing areas are those that are clearly identifiable and contained
and where there is a logical boundary delineated predominately by the built environment, but that may also include
undeveloped lands if limited as provided in this subsection.
The county shall establish the logical outer boundary of an
area of more intensive rural development. In establishing the
logical outer boundary the county shall address (A) the need
to preserve the character of existing natural neighborhoods
and communities, (B) physical boundaries such as bodies of
water, streets and highways, and land forms and contours, (C)
the prevention of abnormally irregular boundaries, and (D)
the ability to provide public facilities and public services in a
manner that does not permit low-density sprawl;
(v) For purposes of (d) of this subsection, an existing
area or existing use is one that was in existence:
(A) On July 1, 1990, in a county that was initially
required to plan under all of the provisions of this chapter;
(B) On the date the county adopted a resolution under
RCW 36.70A.040(2), in a county that is planning under all of
the provisions of this chapter under RCW 36.70A.040(2); or
(C) On the date the office of financial management certif ie s t h e c ou n t y 's p o p u la t io n a s p r o v i d e d in RC W
36.70A.040(5), in a county that is planning under all of the
provisions of this chapter pursuant to RCW 36.70A.040(5).
(e) Exception. This subsection shall not be interpreted to
permit in the rural area a major industrial development or a
master planned resort unless otherwise specifically permitted
under RCW 36.70A.360 and 36.70A.365.
(6) A transportation element that implements, and is consistent with, the land use element.
(a) The transportation element shall include the following subelements:
(i) Land use assumptions used in estimating travel;
(ii) Estimated traffic impacts to state-owned transportation facilities resulting from land use assumptions to assist
the department of transportation in monitoring the performance of state facilities, to plan improvements for the facilities, and to assess the impact of land-use decisions on stateowned transportation facilities;
(iii) Facilities and services needs, including:
(A) An inventory of air, water, and ground transportation
facilities and services, including transit alignments and general aviation airport facilities, to define existing capital facilities and travel levels as a basis for future planning. This
inventory must include state-owned transportation facilities
within the city or county's jurisdiction boundaries;
(B) Level of service standards for all locally owned arterials and transit routes to serve as a gauge to judge performance of the system. These standards should be regionally
coordinated;
36.70A.070
(C) For state-owned transportation facilities, level of service standards for highways, as prescribed in chapters 47.06
and 47.80 RCW, to gauge the performance of the system.
The purposes of reflecting level of service standards for state
highways in the local comprehensive plan are to monitor the
performance of the system, to evaluate improvement strategies, and to facilitate coordination between the county's or
city's six-year street, road, or transit program and the department of transportation's six-year investment program. The
concurrency requirements of (b) of this subsection do not
apply to transportation facilities and services of statewide
significance except for counties consisting of islands whose
only connection to the mainland are state highways or ferry
routes. In these island counties, state highways and ferry
route capacity must be a factor in meeting the concurrency
requirements in (b) of this subsection;
(D) Specific actions and requirements for bringing into
compliance locally owned transportation facilities or services
that are below an established level of service standard;
(E) Forecasts of traffic for at least ten years based on the
adopted land use plan to provide information on the location,
timing, and capacity needs of future growth;
(F) Identification of state and local system needs to meet
current and future demands. Identified needs on state-owned
transportation facilities must be consistent with the statewide
multimodal transportation plan required under chapter 47.06
RCW;
(iv) Finance, including:
(A) An analysis of funding capability to judge needs
against probable funding resources;
(B) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of
which shall serve as the basis for the six-year street, road, or
transit program required by RCW 35.77.010 for cities, RCW
36.81.121 for counties, and RCW 35.58.2795 for public
transportation systems. The multiyear financing plan should
be coordinated with the six-year improvement program
developed by the department of transportation as required by
RCW 47.05.030;
(C) If probable funding falls short of meeting identified
needs, a discussion of how additional funding will be raised,
or how land use assumptions will be reassessed to ensure that
level of service standards will be met;
(v) Intergovernmental coordination efforts, including an
assessment of the impacts of the transportation plan and land
use assumptions on the transportation systems of adjacent
jurisdictions;
(vi) Demand-management strategies.
(b) After adoption of the comprehensive plan by jurisdictions required to plan or who choose to plan under RCW
36.70A.040, local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the
transportation element of the comprehensive plan, unless
transportation improvements or strategies to accommodate
the impacts of development are made concurrent with the
development. These strategies may include increased public
transportation service, ride sharing programs, demand management, and other transportation systems management strategies. For the purposes of this subsection (6) "concurrent
[2003 RCW Supp—page 443]
36.70A.110
Title 36 RCW: Counties
with the development" shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or
strategies within six years.
(c) The transportation element described in this subsection (6), and the six-year plans required by RCW 35.77.010
for cities, RCW 36.81.121 for counties, RCW 35.58.2795 for
public transportation systems, and RCW 47.05.030 for the
state, must be consistent.
(7) An economic development element establishing local
goals, policies, objectives, and provisions for economic
growth and vitality and a high quality of life. The element
shall include: (a) A summary of the local economy such as
population, employment, payroll, sectors, businesses, sales,
and other information as appropriate; (b) a summary of the
strengths and weaknesses of the local economy defined as the
commercial and industrial sectors and supporting factors
such as land use, transportation, utilities, education, work
force, housing, and natural/cultural resources; and (c) an
identification of policies, programs, and projects to foster
economic growth and development and to address future
needs. A city that has chosen to be a residential community
is exempt from the economic development element requirement of this subsection.
(8) A park and recreation element that implements, and
is consistent with, the capital facilities plan element as it
relates to park and recreation facilities. The element shall
include: (a) Estimates of park and recreation demand for at
least a ten-year period; (b) an evaluation of facilities and service needs; and (c) an evaluation of intergovernmental coordination opportunities to provide regional approaches for
meeting park and recreational demand.
(9) It is the intent that new or amended elements required
after January 1, 2002, be adopted concurrent with the scheduled update provided in RCW 36.70A.130. Requirements to
incorporate any such new or amended elements shall be null
and void until funds sufficient to cover applicable local government costs are appropriated and distributed by the state at
least two years before local government must update comprehensive plans as required in RCW 36.70A.130. [2003 c 152
§ 1. Prior: 2002 c 212 § 2; 2002 c 154 § 2; 1998 c 171 § 2;
1997 c 429 § 7; 1996 c 239 § 1; prior: 1995 c 400 § 3; 1995
c 377 § 1; 1990 1st ex.s. c 17 § 7.]
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
Severability—1997 c 429: See note following RCW 36.70A.3201.
Construction—Application—1995 c 400: "A comprehensive plan
adopted or amended before May 16, 1995, shall be considered to be in compliance with RCW 36.70A.070 or 36.70A.110, as in effect before their
amendment by this act, if the comprehensive plan is in compliance with
RCW 36.70A.070 and 36.70A.110 as amended by this act. This section shall
not be construed to alter the relationship between a county-wide planning
policy and comprehensive plans as specified under RCW 36.70A.210.
As to any appeal relating to compliance with RCW 36.70A.070 or
36.70A.110 pending before a growth management hearings board on May
16, 1995, the board may take up to an additional ninety days to resolve such
appeal. By mutual agreement of all parties to the appeal, this additional
ninety-day period may be extended." [1995 c 400 § 4.]
Effective date—1995 c 400: See note following RCW 36.70A.040.
36.70A.110
36.70A.110 Comprehensive plans—Urban growth
areas. (1) Each county that is required or chooses to plan
under RCW 36.70A.040 shall designate an urban growth area
[2003 RCW Supp—page 444]
or areas within which urban growth shall be encouraged and
outside of which growth can occur only if it is not urban in
nature. Each city that is located in such a county shall be
included within an urban growth area. An urban growth area
may include more than a single city. An urban growth area
may include territory that is located outside of a city only if
such territory already is characterized by urban growth
whether or not the urban growth area includes a city, or is
adjacent to territory already characterized by urban growth,
or is a designated new fully contained community as defined
by RCW 36.70A.350.
(2) Based upon the growth management population projection made for the county by the office of financial management, the county and each city within the county shall include
areas and densities sufficient to permit the urban growth that
is projected to occur in the county or city for the succeeding
twenty-year period. Each urban growth area shall permit
urban densities and shall include greenbelt and open space
areas. An urban growth area determination may include a
reasonable land market supply factor and shall permit a range
of urban densities and uses. In determining this market factor, cities and counties may consider local circumstances.
Cities and counties have discretion in their comprehensive
plans to make many choices about accommodating growth.
Within one year of July 1, 1990, each county that as of
June 1, 1991, was required or chose to plan under RCW
36.70A.040, shall begin consulting with each city located
within its boundaries and each city shall propose the location
of an urban growth area. Within sixty days of the date the
county legislative authority of a county adopts its resolution
of intention or of certification by the office of financial management, all other counties that are required or choose to plan
under RCW 36.70A.040 shall begin this consultation with
each city located within its boundaries. The county shall
attempt to reach agreement with each city on the location of
an urban growth area within which the city is located. If such
an agreement is not reached with each city located within the
urban growth area, the county shall justify in writing why it
so designated the area an urban growth area. A city may
object formally with the department over the designation of
the urban growth area within which it is located. Where
appropriate, the department shall attempt to resolve the conflicts, including the use of mediation services.
(3) Urban growth should be located first in areas already
characterized by urban growth that have adequate existing
public facility and service capacities to serve such development, second in areas already characterized by urban growth
that will be served adequately by a combination of both existing public facilities and services and any additional needed
public facilities and services that are provided by either public or private sources, and third in the remaining portions of
the urban growth areas. Urban growth may also be located in
designated new fully contained communities as defined by
RCW 36.70A.350.
(4) In general, cities are the units of local government
most appropriate to provide urban governmental services. In
general, it is not appropriate that urban governmental services
be extended to or expanded in rural areas except in those limited circumstances shown to be necessary to protect basic
public health and safety and the environment and when such
Growth Management—Planning by Selected Counties and Cities
services are financially supportable at rural densities and do
not permit urban development.
(5) On or before October 1, 1993, each county that was
initially required to plan under RCW 36.70A.040(1) shall
adopt development regulations designating interim urban
growth areas under this chapter. Within three years and three
months of the date the county legislative authority of a county
adopts its resolution of intention or of certification by the
office of financial management, all other counties that are
required or choose to plan under RCW 36.70A.040 shall
adopt development regulations designating interim urban
growth areas under this chapter. Adoption of the interim
urban growth areas may only occur after public notice; public
hearing; and compliance with the state environmental policy
act, chapter 43.21C RCW, and RCW 36.70A.110. Such
action may be appealed to the appropriate growth management hearings board under RCW 36.70A.280. Final urban
growth areas shall be adopted at the time of comprehensive
plan adoption under this chapter.
(6) Each county shall include designations of urban
growth areas in its comprehensive plan.
(7) An urban growth area designated in accordance with
this section may include within its boundaries urban service
areas or potential annexation areas designated for specific cities or towns within the county. [2003 c 299 § 5; 1997 c 429
§ 24; 1995 c 400 § 2; 1994 c 249 § 27; 1993 sp.s. c 6 § 2; 1991
sp.s. c 32 § 29; 1990 1st ex.s. c 17 § 11.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
Construction—Application—1995 c 400: See note following RCW
36.70A.070.
Effective date—1995 c 400: See note following RCW 36.70A.040.
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Effective date—1993 sp.s. c 6: See note following RCW 36.70A.040.
36.70A.115
36.70A.115 Comprehensive plans and development
regulations must provide sufficient land capacity for
development. Counties and cities that are required or choose
to plan under RCW 36.70A.040 shall ensure that, taken collectively, adoption of and amendments to their comprehensive plans and/or development regulations provide sufficient
capacity of land suitable for development within their jurisdictions to accommodate their allocated housing and employment growth, as adopted in the applicable countywide planning policies and consistent with the twenty-year population
forecast from the office of financial management. [2003 c
333 § 1.]
36.70A.280
36.70A.280 Matters subject to board review. (1) A
growth management hearings board shall hear and determine
only those petitions alleging either:
(a) That a state agency, county, or city planning under
this chapter is not in compliance with the requirements of this
chapter, chapter 90.58 RCW as it relates to the adoption of
shoreline master programs or amendments thereto, or chapter
43.21C RCW as it relates to plans, development regulations,
or amendments, adopted under RCW 36.70A.040 or chapter
90.58 RCW; or
(b) That the twenty-year growth management planning
population projections adopted by the office of financial
management pursuant to RCW 43.62.035 should be adjusted.
36.70A.367
(2) A petition may be filed only by: (a) The state, or a
county or city that plans under this chapter; (b) a person who
has participated orally or in writing before the county or city
regarding the matter on which a review is being requested; (c)
a person who is certified by the governor within sixty days of
filing the request with the board; or (d) a person qualified
pursuant to RCW 34.05.530.
(3) For purposes of this section "person" means any individual, partnership, corporation, association, state agency,
governmental subdivision or unit thereof, or public or private
organization or entity of any character.
(4) To establish participation standing under subsection
(2)(b) of this section, a person must show that his or her participation before the county or city was reasonably related to
the person's issue as presented to the board.
(5) When considering a possible adjustment to a growth
management planning population projection prepared by the
office of financial management, a board shall consider the
implications of any such adjustment to the population forecast for the entire state.
The rationale for any adjustment that is adopted by a
board must be documented and filed with the office of financial management within ten working days after adoption.
If adjusted by a board, a county growth management
planning population projection shall only be used for the
planning purposes set forth in this chapter and shall be known
as a "board adjusted population projection". None of these
changes shall affect the official state and county population
forecasts prepared by the office of financial management,
which shall continue to be used for state budget and planning
purposes. [2003 c 332 § 2; 1996 c 325 § 2; 1995 c 347 § 108;
1994 c 249 § 31; 1991 sp.s. c 32 § 9.]
Intent—2003 c 332: "This act is intended to codify the Washington
State Court of Appeals holding in Wells v. Western Washington Growth
Management Hearings Board, 100 Wn. App. 657 (2000), by mandating that
to establish participation standing under the growth management act, a person must show that his or her participation before the county or city was reasonably related to the person's issue as presented to the growth management
hearings board." [2003 c 332 § 1.]
Severability—Effective date—1996 c 325: See notes following RCW
36.70A.270.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
36.70A.367
36.70A.367 Major industrial developments—Master
planned locations. (1) In addition to the major industrial
development allowed under RCW 36.70A.365, a county
planning under RCW 36.70A.040 that meets the criteria in
subsection (9) or (10) of this section may establish, in consultation with cities consistent with provisions of RCW
36.70A.210, a process for designating a bank of no more than
two master planned locations for major industrial activity
outside urban growth areas.
(2) A master planned location for major industrial developments outside an urban growth area may be included in the
urban industrial land bank for the county if criteria including,
but not limited to, the following are met:
(a) New infrastructure is provided for and/or applicable
impact fees are paid;
[2003 RCW Supp—page 445]
36.70A.367
Title 36 RCW: Counties
(b) Transit-oriented site planning and traffic demand
management programs are implemented;
(c) Buffers are provided between the major industrial
development and adjacent nonurban areas;
(d) Environmental protection including air and water
quality has been addressed and provided for;
(e) Development regulations are established to ensure
that urban growth will not occur in adjacent nonurban areas;
(f) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource
lands;
(g) The plan for the major industrial development is consistent with the county's development regulations established
for protection of critical areas;
(h) An inventory of developable land has been conducted
as provided in RCW 36.70A.365;
(i) An interlocal agreement related to infrastructure cost
sharing and revenue sharing between the county and interested cities are [is] established;
(j) Provisions are established for determining the availability of alternate sites within urban growth areas and the
long-term annexation feasibility of land sites outside of urban
growth areas; and
(k) Development regulations require the industrial land
bank site to be used primarily for locating industrial and manufacturing businesses and specify that the gross floor area of
all commercial and service buildings or facilities locating
within the industrial land bank shall not exceed ten percent of
the total gross floor area of buildings or facilities in the industrial land bank. The commercial and service businesses operated within the ten percent gross floor area limit shall be necessary to the primary industrial or manufacturing businesses
within the industrial land bank. The intent of this provision
for commercial or service use is to meet the needs of employees, clients, customers, vendors, and others having business
at the industrial site and as an adjunct to the industry to attract
and retain a quality work force and to further other public
objectives, such as trip reduction. Such uses would not be
promoted to attract additional clientele from the surrounding
area. The commercial and service businesses should be
established concurrently with or subsequent to the industrial
or manufacturing businesses.
(3) In selecting master planned locations for inclusion in
the urban industrial land bank, priority shall be given to locations that are adjacent to, or in close proximity to, an urban
growth area.
(4) Final approval of inclusion of a master planned location in the urban industrial land bank shall be considered an
adopted amendment to the comprehensive plan adopted pursuant to RCW 36.70A.070, except that RCW 36.70A.130(2)
does not apply so that inclusion or exclusion of master
planned locations may be considered at any time.
(5) Once a master planned location has been included in
the urban industrial land bank, manufacturing and industrial
businesses that qualify as major industrial development under
RCW 36.70A.365 may be located there.
(6) Nothing in this section may be construed to alter the
requirements for a county to comply with chapter 43.21C
RCW.
(7)(a) The authority of a county meeting the criteria of
subsection (9) of this section to engage in the process of
[2003 RCW Supp—page 446]
including or excluding master planned locations from the
urban industrial land bank shall terminate on December 31,
2007. However, any location included in the urban industrial
land bank on or before December 31, 2007, shall be available
for major industrial development as long as the criteria of
subsection (2) of this section are met. A county that has
established or proposes to establish an industrial land bank
pursuant to this section shall review the need for an industrial
land bank within the county, including a review of the availability of land for industrial and manufacturing uses within
the urban growth area, during the review and evaluation of
comprehensive plans and development regulations required
by RCW 36.70A.130.
(b) The authority of a county meeting the criteria of subsection (10) of this section to engage in the process of including or excluding master planned locations from the urban
industrial land bank terminates on December 31, 2002. However, any location included in the urban industrial land bank
on December 31, 2002, shall be available for major industrial
development as long as the criteria of subsection (2) of this
section are met.
(8) For the purposes of this section, "major industrial
development" means a master planned location suitable for
manufacturing or industrial businesses that: (a) Requires a
parcel of land so large that no suitable parcels are available
within an urban growth area; or (b) is a natural resourcebased industry requiring a location near agricultural land, forest land, or mineral resource land upon which it is dependent;
or (c) requires a location with characteristics such as proximity to transportation facilities or related industries such that
there is no suitable location in an urban growth area. The
major industrial development may not be for the purpose of
retail commercial development or multitenant office parks.
(9) This section and the termination date specified in
subsection (7)(a) of this section apply to a county that at the
time the process is established under subsection (1) of this
section:
(a) Has a population greater than two hundred fifty thousand and is part of a metropolitan area that includes a city in
another state with a population greater than two hundred fifty
thousand;
(b) Has a population greater than one hundred forty thousand and is adjacent to another country;
(c) Has a population greater than forty thousand but less
than seventy-five thousand and has an average level of unemployment for the preceding three years that exceeds the average state unemployment for those years by twenty percent;
and
(i) Is bordered by the Pacific Ocean;
(ii) Is located in the Interstate 5 or Interstate 90 corridor;
or
(iii) Is bordered by Hood Canal;
(d) Is east of the Cascade divide; and
(i) Borders another state to the south; or
(ii) Is located wholly south of Interstate 90 and borders
the Columbia river to the east; or
(e) Has an average population density of less than one
hundred persons per square mile as determined by the office
of financial management, and is bordered by the Pacific
Ocean and by Hood Canal.
Growth Management—Planning by Selected Counties and Cities
(10) This section and the termination date specified in
subsection (7)(b) of this section apply to a county that at the
time the process is established under subsection (1) of this
section:
(a) Has a population greater than forty thousand but
fewer than eighty thousand;
(b) Has an average level of unemployment for the preceding three years that exceeds the average state unemployment for those years by twenty percent; and
(c) Is located in the Interstate 5 or Interstate 90 corridor.
(11) Any location included in an industrial land bank
pursuant to section 2, chapter 289, Laws of 1998, section 1,
chapter 402, Laws of 1997, and section 2, chapter 167, Laws
of 1996 shall remain available for major industrial development according to this section as long as the criteria of subsection (2) of this section continue to be satisfied. [2003 c 88
§ 1; 2002 c 306 § 1; 2001 c 326 § 1; 1998 c 289 § 2; 1997 c
402 § 1; 1996 c 167 § 2.]
Findings—Purpose—1998 c 289: "The legislature finds that to fulfill
the economic development goal of this chapter, it is beneficial to expand the
limited authorization for pilot projects for identifying locations for major
industrial activity in advance of specific proposals by an applicant. The legislature further finds that land bank availability may provide economically
disadvantaged counties the opportunity to attract new industrial activity by
offering expeditious siting and therefore promote a community's economic
health and vitality. The purpose of this act is to authorize and evaluate additional pilot projects for major industrial activity in economically disadvantaged counties." [1998 c 289 § 1.]
Findings—Purpose—1996 c 167: "In 1995 the legislature addressed
the demand for siting of major industrial facilities by passage of Engrossed
Senate Bill No. 5019, implementing a process for siting such activities outside urban growth areas. The legislature recognizes that the 1995 act
requires consideration of numerous factors necessary to ensure that the community can reasonably accommodate a major industrial development outside
an urban growth area.
The legislature finds that the existing case-by-case procedure for evaluating and approving such a site under the 1995 act may operate to a community's economic disadvantage when a firm, for business reasons, must make
a business location decision expeditiously. The legislature therefore finds
that it would be useful to authorize, on a limited basis, and evaluate a process
for identifying locations for major industrial activity in advance of specific
proposals by an applicant.
It is the purpose of this act (1) to authorize a pilot project under which
a bank of major industrial development locations outside urban growth areas
is created for use in expeditiously siting such a development; (2) to evaluate
the impact of this process on the county's compliance with chapter 36.70A
RCW; and (3) to encourage consolidation and planning, and environmental
review procedures under chapter 36.70B RCW." [1996 c 167 § 1.]
Effective date—1996 c 167: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 28, 1996]." [1996 c 167 § 3.]
36.70A.450
36.70A.450 Family day-care provider's home facility—County or city may not prohibit in residential or
commercial area—Conditions. (1) Except as provided in
subsections (2) and (3) of this section, no county or city may
enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or
administrative practice that prohibits the use of a residential
dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility.
(2) A county or city may require that the facility: (a)
Comply with all building, fire, safety, health code, and business licensing requirements; (b) conform to lot size, building
size, setbacks, and lot coverage standards applicable to the
zoning district except if the structure is a legal nonconform-
36.70A.480
ing structure; (c) is certified by the office of child care policy
licensor as providing a safe passenger loading area; (d)
include signage, if any, that conforms to applicable regulations; and (e) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care and who work a
nonstandard work shift.
(3) A county or city may also require that the family daycare provider, before state licensing, require proof of written
notification by the provider that the immediately adjoining
property owners have been informed of the intent to locate
and maintain such a facility. If a dispute arises between
neighbors and the family day-care provider over licensing
requirements, the licensor may provide a forum to resolve the
dispute.
(4) Nothing in this section shall be construed to prohibit
a county or city from imposing zoning conditions on the
establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial
use, so long as such conditions are no more restrictive than
conditions imposed on other residential dwellings in the same
zone and the establishment of such facilities is not precluded.
As used in this section, "family day-care provider" is as
defined in RCW 74.15.020. [2003 c 286 § 5; 1995 c 49 § 3;
1994 c 273 § 17.]
36.70A.460
36.70A.460 Watershed restoration projects—Permit
processing—Fish habitat enhancement project. A permit
required under this chapter for a watershed restoration project
as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510. A fish habitat
enhancemen t project m eeting the criteria of RCW
77.55.290(1) shall be reviewed and approved according to
the provisions of RCW 77.55.290. [2003 c 39 § 21; 1998 c
249 § 11; 1995 c 378 § 11.]
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.290.
36.70A.480
36.70A.480 Shorelines of the state. (1) For shorelines
of the state, the goals and policies of the shoreline management act as set forth in RCW 90.58.020 are added as one of
the goals of this chapter as set forth in RCW 36.70A.020
without creating an order of priority among the fourteen
goals. The goals and policies of a shoreline master program
for a county or city approved under chapter 90.58 RCW shall
be considered an element of the county or city's comprehensive plan. All other portions of the shoreline master program
for a county or city adopted under chapter 90.58 RCW,
including use regulations, shall be considered a part of the
county or city's development regulations.
(2) The shoreline master program shall be adopted pursuant to the procedures of chapter 90.58 RCW rather than the
goals, policies, and procedures set forth in this chapter for the
adoption of a comprehensive plan or development regulations.
(3) The policies, goals, and provisions of chapter 90.58
RCW and applicable guidelines shall be the sole basis for
determining compliance of a shoreline master program with
this chapter except as the shoreline master program is
required to comply with the internal consistency provisions
[2003 RCW Supp—page 447]
Chapter 36.70C
Title 36 RCW: Counties
of RCW 36.70A.070, 36.70A.040(4), 35.63.125, and
35A.63.105.
(a) As of the date the department of ecology approves a
local government's shoreline master program adopted under
applicable shoreline guidelines, the protection of critical
areas as defined by RCW 36.70A.030(5) within shorelines of
the state shall be accomplished only through the local government's shoreline master program and shall not be subject
to the procedural and substantive requirements of this chapter, except as provided in subsection (6) of this section.
(b) Critical areas within shorelines of the state that have
been identified as meeting the definition of critical areas as
defined by RCW 36.70A.030(5), and that are subject to a
shoreline master program adopted under applicable shoreline
guidelines shall not be subject to the procedural and substantive requirements of this chapter, except as provided in subsection (6) of this section. Nothing in chapter 321, Laws of
2003 is intended to affect whether or to what extent agricultural activities, as defined in RCW 90.58.065, are subject to
chapter 36.70A RCW.
(c) The provisions of RCW 36.70A.172 shall not apply
to the adoption or subsequent amendment of a local government's shoreline master program and shall not be used to
determine compliance of a local government's shoreline master program with chapter 90.58 RCW and applicable guidelines. Nothing in this section, however, is intended to limit or
change the quality of information to be applied in protecting
critical areas within shorelines of the state, as required by
chapter 90.58 RCW and applicable guidelines.
(4) Shoreline master programs shall provide a level of
protection to critical areas located within shorelines of the
state that is at least equal to the level of protection provided
to critical areas by the local government's critical area ordinances adopted and thereafter amended pursuant to RCW
36.70A.060(2).
(5) Shorelines of the state shall not be considered critical
areas under this chapter except to the extent that specific
areas located within shorelines of the state qualify for critical
area designation based on the definition of critical areas provided by RCW 36.70A.030(5) and have been designated as
such by a local government pursuant to RCW 36.70A.060(2).
(6) If a local jurisdiction's master program does not
include land necessary for buffers for critical areas that occur
within shorelines of the state, as authorized by RCW
90.58.030(2)(f), then the local jurisdiction shall continue to
regulate those critical areas and their required buffers pursuant to RCW 36.70A.060(2). [2003 c 321 § 5; 1995 c 347 §
104.]
replaces the writ of certiorari for appeal of land use decisions
and shall be the exclusive means of judicial review of land
use decisions, except that this chapter does not apply to:
(a) Judicial review of:
(i) Land use decisions made by bodies that are not part of
a local jurisdiction;
(ii) Land use decisions of a local jurisdiction that are
subject to review by a quasi-judicial body created by state
law, such as the shorelines hearings board, the environmental
and land use hearings board, or the growth management hearings board;
(b) Judicial review of applications for a writ of mandamus or prohibition; or
(c) Claims provided by any law for monetary damages or
compensation. If one or more claims for damages or compensation are set forth in the same complaint with a land use
petition brought under this chapter, the claims are not subject
to the procedures and standards, including deadlines, provided in this chapter for review of the petition. The judge
who hears the land use petition may, if appropriate, preside at
a trial for damages or compensation.
(2) The superior court civil rules govern procedural matters under this chapter to the extent that the rules are consistent with this chapter. [2003 c 393 § 17; 1995 c 347 § 704.]
Implementation—Effective date—2003 c 393: See RCW 43.21L.900
and 43.21L.901.
Chapter 36.71 RCW
PEDDLERS' AND HAWKERS' LICENSES
Chapter 36.71
Sections
36.71.060
36.71.090
36.71.060
36.71.060 Peddler's license—Penalty for peddling
without license. (Effective July 1, 2004.) Every peddler
who sells or offers for sale or exposes for sale, at public or
private sale any goods, wares, or merchandise without a
county license, is guilty of a misdemeanor and shall be punished by imprisonment for not less than thirty days nor more
than ninety days or by fine of not less than fifty dollars nor
more than two hundred dollars or by both. [2003 c 53 § 207;
1963 c 4 § 36.71.060. Prior: 1909 c 214 § 2; RRS § 8354.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
36.71.090
Finding—Intent—2003 c 321: See note following RCW 90.58.030.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Chapter 36.70C RCW
JUDICIAL REVIEW OF LAND USE DECISIONS
Chapter 36.70C
Sections
36.70C.030 Chapter exclusive means of judicial review of land use decisions—Exceptions.
36.70C.030
36.70C.030 Chapter exclusive means of judicial
review of land use decisions—Exceptions. (1) This chapter
[2003 RCW Supp—page 448]
Peddler's license—Penalty for peddling without license.
(Effective July 1, 2004.)
Farmers, gardeners, etc., peddling own produce exempt from
license requirements—Exception—Valid direct retail
endorsement.
36.71.090 Farmers, gardeners, etc., peddling own
produce exempt from license requirements—Exception—Valid direct retail endorsement. (1) It shall be lawful for any farmer, gardener, or other person, without license,
to sell, deliver, or peddle any fruits, vegetables, berries, eggs,
or any farm produce or edibles raised, gathered, produced, or
manufactured by such person and no city or town shall pass
or enforce any ordinance prohibiting the sale by or requiring
license from the producers and manufacturers of farm produce and edibles as defined in this section. However, nothing
in this section authorizes any person to sell, deliver, or peddle, without license, in any city or town, any dairy product,
meat, poultry, eel, fish, mollusk, or shellfish where a license
Roads and Bridges—General Provisions
36.89.080
Chapter 36.78 RCW
ROADS AND BRIDGES—COUNTY ROAD
ADMINISTRATION BOARD
Chapter 36.78
is required to engage legally in such activity in such city or
town.
(2) It is lawful for an individual in possession of a valid
direct retail endorsement, as established in RCW 77.65.510,
to sell, deliver, or peddle any legally harvested retail-eligible
species, as that term is defined in RCW 77.08.010, that is
caught, harvested, or collected under rule of the department
of fish and wildlife by such a person at a temporary food service establishment, as that term is defined in RCW
69.06.045, and no city, town, or county may pass or enforce
an ordinance prohibiting the sale by or requiring additional
licenses or permits from the holder of the valid direct retail
endorsement. However, this subsection does not prohibit a
city, town, or county from inspecting an individual displaying a direct retail endorsement to verify that the person is in
compliance with state board of health and local rules for food
service operations. [2003 c 387 § 5; 2002 c 301 § 9; 1984 c
25 § 4; 1963 c 4 § 36.71.090. Prior: 1917 c 45 § 1; 1897 c 62
§ 1; RRS § 8343.]
Finding—Effective date—2002 c 301: See notes following RCW
77.65.510.
Chapter 36.75 RCW
ROADS AND BRIDGES—GENERAL PROVISIONS
Sections
36.78.121
Maintenance.
36.78.121
36.78.121 Maintenance. The county road administration board, or its successor entity, shall establish a standard of
good practice for maintenance of transportation system
assets. This standard must be implemented by all counties no
later than December 31, 2007. The board shall develop a
model maintenance management system for use by counties.
The board shall develop rules to assist the counties in the
implementation of this system. Counties shall annually submit their maintenance plans to the board. The board shall
compile the county data regarding maintenance management
and annually submit it to the transportation commission or its
successor entity. [2003 c 363 § 307.]
Finding—Intent—2003 c 363: See note following RCW 35.84.060.
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
Chapter 36.75
Sections
36.75.130
36.75.140
36.75.150
Chapter 36.88 RCW
COUNTY ROAD IMPROVEMENT DISTRICTS
Chapter 36.88
Sections
Approaches to county roads—Rules regarding construction—
Penalty. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
36.75.130
36.75.130 Approaches to county roads—Rules
regarding construction—Penalty. (Effective July 1, 2004.)
(1) No person shall be permitted to build or construct any
approach to any county road without first obtaining permission therefor from the board.
(2) The boards of the several counties of the state may
adopt reasonable rules for the construction of approaches
which, when complied with, shall entitle a person to build or
construct an approach from any abutting property to any
county road. The rules may include provisions for the construction of culverts under the approaches, the depth of fills
over the culverts, and for such other drainage facilities as the
board deems necessary. The construction of approaches, culverts, fills, or such other drainage facilities as may be
required, shall be under the supervision of the county road
engineer, and all such construction shall be at the expense of
the person benefited by the construction.
(3) Any person violating this section is guilty of a misdemeanor. [2003 c 53 § 208; 1963 c 4 § 36.75.130. Prior: 1943
c 174 § 1; Rem. Supp. 1943 § 6450-95.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
36.88.160
36.88.160
36.88.160 District fund—Purposes—Bond redemptions. All moneys collected by the treasurer upon any assessments under this chapter shall be kept as a separate fund to be
known as ". . . . . ., county road improvement district No.
. . . . fund." Such funds shall be used for no other purpose
than the payment of costs and expense of construction and
improvement in such district and the payment of interest or
principal of warrants and bonds drawn or issued upon or
against said fund for said purposes. Whenever after payment
of the costs and expenses of the improvement there shall be
available in the local improvement district fund a sum, over
and above the amount necessary to meet the interest payments next accruing on outstanding bonds, sufficient to retire
one or more outstanding bonds the treasurer shall forthwith
call such bond or bonds for redemption as determined in the
bond authorizing ordinance. [2003 c 139 § 3; 1963 c 4 §
36.88.160. Prior: 1951 c 192 § 16.]
Effective date—2003 c 139: See note following RCW 35.45.180.
Chapter 36.89 RCW
HIGHWAYS—OPEN SPACES—PARKS—OTHER
PUBLIC FACILITIES—STORM WATER CONTROL
Chapter 36.89
Sections
36.89.080
36.75.140
36.75.140 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
36.75.150
36.75.150 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
District fund—Purposes—Bond redemptions.
36.89.130
Storm water control facilities—Rates and charges—Limitations—Use.
Cooperative watershed management.
36.89.080
36.89.080 Storm water control facilities—Rates and
charges—Limitations—Use. (1) Subject to subsections (2)
and (3) of this section, any county legislative authority may
provide by resolution for revenues by fixing rates and
charges for the furnishing of service to those served or receiv[2003 RCW Supp—page 449]
36.89.130
Title 36 RCW: Counties
ing benefits or to be served or to receive benefits from any
storm water control facility or contributing to an increase of
surface water runoff. In fixing rates and charges, the county
legislative authority may in its discretion consider:
(a) Services furnished or to be furnished;
(b) Benefits received or to be received;
(c) The character and use of land or its water runoff characteristics;
(d) The nonprofit public benefit status, as defined in
RCW 24.03.490, of the land user;
(e) Income level of persons served or provided benefits
under this chapter, including senior citizens and disabled persons; or
(f) Any other matters which present a reasonable difference as a ground for distinction.
(2) The rate a county may charge under this section for
storm water control facilities shall be reduced by a minimum
of ten percent for any new or remodeled commercial building
that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the
available roof surface of the building. The jurisdiction shall
consider rate reductions in excess of ten percent dependent
upon the amount of rainwater harvested.
(3) Rates and charges authorized under this section may
not be imposed on lands taxed as forest land under chapter
84.33 RCW or as timber land under chapter 84.34 RCW.
(4) The service charges and rates collected shall be
deposited in a special fund or funds in the county treasury to
be used only for the purpose of paying all or any part of the
cost and expense of maintaining and operating storm water
control facilities, all or any part of the cost and expense of
planning, designing, establishing, acquiring, developing,
constructing and improving any of such facilities, or to pay or
secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such purpose.
[2003 c 394 § 3; 1998 c 74 § 1; 1995 c 124 § 1; 1970 ex.s. c
30 § 7.]
Sewerage, water, and drainage systems: Chapter 36.94 RCW.
36.89.130
36.89.130 Cooperative watershed management. In
addition to the authority provided in RCW 36.89.030, a
county may, as part of maintaining a system of storm water
control facilities, participate in and expend revenue on cooperative watershed management actions, including watershed
management partnerships under RCW 39.34.210 and other
intergovernmental agreements, for purposes of water supply,
water quality, and water resource and habitat protection and
management. [2003 c 327 § 10.]
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
Chapter 36.94 RCW
SEWERAGE, WATER, AND DRAINAGE SYSTEMS
Chapter 36.94
Sections
36.94.140
36.94.490
Authority of county to operate system—Rates and charges,
fixing of—Factors to be considered—Assistance for lowincome persons.
Cooperative watershed management.
36.94.140
36.94.140 Authority of county to operate system—
Rates and charges, fixing of—Factors to be considered—
[2003 RCW Supp—page 450]
Assistance for low-income persons. (1) Every county, in
the operation of a system of sewerage and/or water, shall
have full jurisdiction and authority to manage, regulate, and
control it. Except as provided in subsection (3) of this section, every county shall have full jurisdiction and authority to
fix, alter, regulate, and control the rates and charges for the
service and facilities to those to whom such service and facilities are available, and to levy charges for connection to the
system.
(2) The rates for availability of service and facilities, and
connection charges so charged must be uniform for the same
class of customers or service and facility. In classifying customers served, service furnished or made available by such
system of sewerage and/or water, or the connection charges,
the county legislative authority may consider any or all of the
following factors:
(a) The difference in cost of service to the various customers within or without the area;
(b) The difference in cost of maintenance, operation,
repair and replacement of the various parts of the systems;
(c) The different character of the service and facilities
furnished various customers;
(d) The quantity and quality of the sewage and/or water
delivered and the time of its delivery;
(e) Capital contributions made to the system or systems,
including, but not limited to, assessments;
(f) The cost of acquiring the system or portions of the
system in making system improvements necessary for the
public health and safety;
(g) The nonprofit public benefit status, as defined in
RCW 24.03.490, of the land user; and
(h) Any other matters which present a reasonable difference as a ground for distinction.
(3) The rate a county may charge under this section for
storm or surface water sewer systems or the portion of the
rate allocable to the storm or surface water sewer system of
combined sanitary sewage and storm or surface water sewer
systems shall be reduced by a minimum of ten percent for any
new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate
reductions in excess of ten percent dependent upon the
amount of rainwater harvested.
(4) A county may provide assistance to aid low-income
persons in connection with services provided under this chapter.
(5) The service charges and rates shall produce revenues
sufficient to take care of the costs of maintenance and operation, revenue bond and warrant interest and principal amortization requirements, and all other charges necessary for the
efficient and proper operation of the system. [2003 c 394 § 4;
1997 c 447 § 12; 1995 c 124 § 2; 1990 c 133 § 2; 1975 1st
ex.s. c 188 § 2; 1967 c 72 § 14.]
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
Findings—1990 c 133: "The legislature finds the best interests of the
citizens of the state are served if:
(1) Customers served by public water systems are assured of an adequate quantity and quality of water supply at reasonable rates;
(2) There is improved coordination between state agencies engaged in
water system planning and public health regulation and local governments
responsible for land use regulation and public health and safety;
Public Facilities Districts
(3) Public water systems in violation of health and safety standards
adopted under RCW 43.20.050 remain in operation and continue providing
water service providing that public health is not compromised, assuming a
suitable replacement purveyor is found and deficiencies are corrected in an
expeditious manner consistent with public health and safety; and
(4) The state address[es], in a systematic and comprehensive fashion,
new operating requirements which will be imposed on public water systems
under the federal Safe Drinking Water Act." [1990 c 133 § 1.]
Sections
Severability—1990 c 133: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1990 c 133 § 12.]
36.120.040
36.120.050
36.120.130
36.120.140
36.120.040
Severability—1995 c 396: See note following RCW 36.100.010.
Chapter 36.120
Chapter 36.120 RCW
REGIONAL TRANSPORTATION
INVESTMENT DISTRICTS
Planning committee duties.
Taxes, fees, and tolls.
Indebtedness—Bonds—Limitation.
Transportation project or plan modification—Accountability.
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
36.120.040
36.94.490
36.94.490 Cooperative watershed management. In
addition to the authority provided in RCW 36.94.020, a
county may, as part of maintaining a system of sewerage
and/or water, participate in and expend revenue on cooperative watershed management actions, including watershed
management partnerships under RCW 39.34.210 and other
intergovernmental agreements, for purposes of water supply,
water quality, and water resource and habitat protection and
management. [2003 c 327 § 9.]
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
Chapter 36.100
Chapter 36.100 RCW
PUBLIC FACILITIES DISTRICTS
Sections
36.100.030
Facilities—Agreements—Fees.
36.100.030
36.100.030 Facilities—Agreements—Fees. (1) A public facilities district is authorized to acquire, construct, own,
remodel, maintain, equip, reequip, repair, and operate (a)
sports facilities, entertainment facilities, convention facilities, or regional centers as defined in RCW 35.57.020, and (b)
for districts formed after January 1, 2000, recreational facilities other than ski areas, together with contiguous parking
facilities. The taxes that are provided for in this chapter may
only be imposed for these purposes.
(2) A public facilities district may enter into agreements
under chapter 39.34 RCW for the joint provision and operation of such facilities and may enter into contracts under
chapter 39.34 RCW where any party to the contract provides
and operates such facilities for the other party or parties to the
contract.
(3) Notwithstanding the establishment of a career, civil,
or merit service system, a public facilities district may contract with a public or private entity for the operation or management of its public facilities.
(4) A public facilities district is authorized to use the
supplemental alternative public works contracting procedures set forth in chapter 39.10 RCW in connection with the
design, construction, reconstruction, remodel, or alteration of
any of its public facilities.
(5) A public facilities district may impose charges and
fees for the use of its facilities, and may accept and expend or
use gifts, grants, and donations. [2003 c 376 § 1; 1999 c 165
§ 16; 1995 1st sp.s. c 14 § 3; 1995 c 396 § 3; 1989 1st ex.s. c
8 § 3; 1988 ex.s. c 1 § 13.]
Severability—1999 c 164: See RCW 35.57.900.
Severability—Effective dates—1995 1st sp.s. c 14: See notes following RCW 36.100.010.
36.120.040 Planning committee duties. (1) A regional
transportation investment district planning committee shall
adopt a regional transportation investment plan providing for
the development, construction, and financing of transportation projects. The planning committee may consider the following factors in formulating its plan:
(a) Land use planning criteria;
(b) The input of cities located within a participating
county; and
(c) The input of regional transportation planning organizations in which a participating county is located. A regional
transportation planning organization in which a participating
county is located shall review its adopted regional transportation plan and submit, for the planning committee's consideration, its list of transportation improvement priorities.
(2) The planning committee may coordinate its activities
with the department, which shall provide services, data, and
personnel to assist in this planning as desired by the planning
committee. In addition, the planning committee may coordinate with affected cities, towns, and other local governments
that engage in transportation planning.
(3) The planning committee shall:
(a) Conduct public meetings that are needed to assure
active public participation in the development of the plan;
(b) Adopt a plan proposing the:
(i) Creation of a regional transportation investment district; and
(ii) Construction of transportation projects to improve
mobility within each county. Operations, maintenance, and
preservation of facilities or systems may not be part of the
plan;
(c) Recommend sources of revenue authorized by RCW
36.120.050 and a financing plan to fund selected transportation projects. The overall plan of the district must leverage
the district's financial contributions so that the federal, state,
local, and other revenue sources continue to fund major congestion relief and transportation capacity improvement
projects in each county and the district. A combination of
local, state, and federal revenues may be necessary to pay for
transportation projects, and the planning committee shall
consider all of these revenue sources in developing a plan.
(4) The plan must use tax revenues and related debt for
projects that generally benefit a participating county in proportion to the general level of tax revenues generated within
that participating county. This equity principle applies to all
modifications to the plan, appropriation of contingency funds
not identified within the project estimate, and future phases
of the plan. During implementation of the plan, the board
shall retain the flexibility to manage distribution of revenues,
debt, and project schedules so that the district may effectively
[2003 RCW Supp—page 451]
36.120.050
Title 36 RCW: Counties
implement the plan. Nothing in this section should be interpreted to prevent the district from pledging district-wide tax
revenues for payment of any contract or debt entered into
under RCW 36.120.130.
(5) Before adopting the plan, the planning committee,
with assistance from the department, shall work with the lead
agency to develop accurate cost forecasts for transportation
projects. This project costing methodology must be integrated with revenue forecasts in developing the plan and
must at a minimum include estimated project costs in constant dollars as well as year of expenditure dollars, the range
of project costs reflected by the level of project design,
project contingencies, identification of mitigation costs, the
range of revenue forecasts, and project and plan cash flow
and bond analysis. The plan submitted to the voters must
provide cost estimates for each project, including reasonable
contingency costs. Plans submitted to the voters must provide that the maximum amount possible of the funds raised
will be used to fund projects in the plan, including environmental improvements and mitigation, and that administrative
costs be minimized. If actual revenue exceeds actual plan
costs, the excess revenues must be used to retire any outstanding debt associated with the plan.
(6) If a county opts not to adopt the plan or participate in
the regional transportation investment district, but two or
more contiguous counties do choose to continue to participate, then the planning committee may, within ninety days,
redefine the regional transportation investment plan and the
ballot measure to be submitted to the people to reflect elimination of the county, and submit the redefined plan to the legislative authorities of the remaining counties for their decision as to whether to continue to adopt the redefined plan and
participate. This action must be completed within sixty days
after receipt of the redefined plan.
(7) Once adopted, the plan must be forwarded to the participating county legislative authorities to initiate the election
process under RCW 36.120.070. The planning committee
shall at the same time provide notice to each city and town
within the district, the governor, the chairs of the transportation committees of the legislature, the secretary of transportation, and each legislator whose legislative district is partially
or wholly within the boundaries of the district.
(8) If the ballot measure is not approved, the planning
committee may redefine the selected transportation projects,
financing plan, and the ballot measure. The county legislative authorities may approve the new plan and ballot measure, and may then submit the revised proposition to the voters at the next election or a special election. If no ballot measure is approved by the voters by the third vote, the planning
committee is dissolved. [2003 c 194 § 1; 2002 c 56 § 104.]
36.120.050
36.120.050 Taxes, fees, and tolls. (1) A regional transportation investment district planning committee may, as part
of a regional transportation investment plan, recommend the
imposition of some or all of the following revenue sources,
which a regional transportation investment district may
impose upon approval of the voters as provided in this chapter:
(a) A regional sales and use tax, as specified in RCW
82.14.430, of up to 0.5 percent of the selling price, in the case
of a sales tax, or value of the article used, in the case of a use
[2003 RCW Supp—page 452]
tax, upon the occurrence of any taxable event in the regional
transportation investment district;
(b) A local option vehicle license fee, as specified under
RCW 82.80.100, of up to one hundred dollars per vehicle
registered in the district. As used in this subsection, "vehicle"
means motor vehicle as defined in RCW 46.04.320. Certain
classes of vehicles, as defined under chapter 46.04 RCW,
may be exempted from this fee;
(c) A parking tax under RCW 82.80.030;
(d) A local motor vehicle excise tax under RCW
81.100.060 and chapter 81.104 RCW;
(e) A local option fuel tax under RCW 82.80.120;
(f) An employer excise tax under RCW 81.100.030; and
(g) Vehicle tolls on new or reconstructed facilities.
Unless otherwise specified by law, the department shall
administer the collection of vehicle tolls on designated facilities, and the state transportation commission, or its successor, shall be the tolling authority.
(2) Taxes, fees, and tolls may not be imposed without an
affirmative vote of the majority of the voters within the
boundaries of the district voting on a ballot proposition as set
forth in RCW 36.120.070. Revenues from these taxes and
fees may be used only to implement the plan as set forth in
this chapter. A district may contract with the state department of revenue or other appropriate entities for administration and collection of any of the taxes or fees authorized in
this section.
(3) Existing statewide motor vehicle fuel and special fuel
taxes, at the distribution rates in effect on January 1, 2001, are
not intended to be altered by this chapter. [2003 c 350 § 4;
2002 c 56 § 105.]
36.120.130
36.120.130 Indebtedness—Bonds—Limitation.
(1)(a) Notwithstanding RCW 39.36.020(1), the district may
at any time contract indebtedness or borrow money for district purposes and may issue general obligation bonds or
other evidences of indebtedness, secured by the pledge of one
or more of the taxes, tolls, charges, or fees authorized to be
imposed by the district, in an amount not exceeding, together
with any existing indebtedness of the district not authorized
by the voters, one and one-half percent of the value of the taxable property within the boundaries of the district.
(b) With the assent of three-fifths of the voters voting at
an election, a district may contract indebtedness or borrow
money for district purposes and may issue general obligation
bonds or other evidences of indebtedness as long as the total
indebtedness of the district does not exceed five percent of
the value of the taxable property within the district, including
indebtedness authorized under (a) of this subsection. The
bonds shall be issued and sold in accordance with chapter
39.46 RCW.
(2) The district may at any time issue revenue bonds or
other evidences of indebtedness, secured by the pledge of one
or more of the revenues authorized to be collected by the district, to provide funds to carry out its authorized functions
without submitting the matter to the voters of the district.
These obligations shall be issued and sold in accordance with
chapter 39.46 RCW.
(3) The district may enter into agreements with the lead
agencies or the state of Washington, when authorized by the
plan, to pledge taxes or other revenues of the district for the
Militia and Military Affairs
purpose of paying in part or whole principal and interest on
bonds issued by the lead agency or the state of Washington.
The agreements pledging revenues and taxes shall be binding
for their terms, but not to exceed thirty years, and no tax
pledged by an agreement may be eliminated or modified if it
would impair the pledge made in any agreement.
(4) Once construction of projects in the plan has been
completed, revenues collected by the district may only be
used for the following purposes: (a) Payment of principal
and interest on outstanding indebtedness of the district; (b) to
make payments required under a pledging agreement; and (c)
to make payments for maintenance and operations of toll
facilities as may be required by toll bond covenants. [2003 c
372 § 1; 2002 c 56 § 113.]
36.120.140
36.120.140 Transportation project or plan modification—Accountability. (1) The board may modify the plan to
change transportation projects or revenue sources if:
(a) Two or more participating counties adopt a resolution
to modify the plan; and
(b) The counties submit to the voters in the district a ballot measure that redefines the scope of the plan, its projects,
its schedule, its costs, or the revenue sources. If the voters
fail to approve the redefined plan, the district shall continue
to work on and complete the plan, and the projects in it, that
was originally approved by the voters. If the voters approve
the redefined plan, the district shall work on and complete the
projects under the redefined plan.
(2) The board may modify the plan to change transportation projects within a participating county if:
(a) A majority of the board approves the change;
(b) The modifications are limited to projects within the
county;
(c) The county submits to the voters in the county a ballot measure that redefines:
(i) Projects;
(ii) Scopes of projects; or
(iii) Costs; and
(iv) The financial plan for the county;
(d) The proposed modifications maintain the equity of
the plan and does [do] not increase the total level of plan
expenditure for the county.
If the voters fail to approve the modified plan, the district
shall continue to work on and complete the plan, and the
projects in it, that was originally approved by the voters. If
the voters approve the redefined plan, the district shall work
on and complete the projects under the redefined plan.
(3) If a transportation project cost exceeds its original
cost by more than twenty percent as identified in the plan:
(a) The board shall, in coordination with the county legislative authorities, submit to the voters in the district or
county a ballot measure that redefines the scope of the transportation project, its schedule, or its costs. If the voters fail to
approve the redefined transportation project, the district shall
terminate work on that transportation project, except that the
district may take reasonable steps to use, preserve, or connect
any improvement already constructed. The remainder of any
funds that would otherwise have been expended on the terminated transportation project must first be used to retire any
outstanding debt attributable to the plan and then may be used
to implement the remainder of the plan.
38.32.120
(b) Alternatively, upon adoption of a resolution by two
or more participating counties:
(i) The counties shall submit to the voters in the district a
ballot measure that redefines the scope of the plan, its transportation projects, its schedule, or its costs. If the voters fail
to approve the redefined plan, the district shall terminate
work on that plan, except that the district may take reasonable
steps to use, preserve, or connect any improvement already
constructed. The remainder of any funds must be used to
retire any outstanding debt attributable to the plan; or
(ii) The counties may elect to have the district continue
the transportation project without submitting an additional
ballot proposal to the voters.
(4) To assure accountability to the public for the timely
construction of the transportation improvement project or
projects within cost projections, the district shall issue a
report, at least annually, to the public and copies of the report
to newspapers of record in the district. In the report, the district shall indicate the status of transportation project costs,
transportation project expenditures, revenues, and construction schedules. The report may also include progress towards
meeting the performance criteria provided under this chapter.
[2003 c 194 § 2; 2002 c 56 § 114.]
Title 38
Title 38
MILITIA AND MILITARY AFFAIRS
Chapters
38.32 Offenses—Punishment.
38.52 Emergency management.
38.54 State fire services mobilization.
Chapter 38.32
Chapter 38.32 RCW
OFFENSES—PUNISHMENT
Sections
38.32.090
38.32.120
Penalty for physician making false certificate. (Effective July
1, 2004.)
Authority of commanding officer. (Effective July 1, 2004.)
38.32.090
38.32.090 Penalty for physician making false certificate. (Effective July 1, 2004.) Any physician who shall
knowingly make and deliver a false certificate of physical
disability concerning any member of the militia who shall
have been ordered out or summoned for active service is
guilty of perjury under chapter 9A.72 RCW and, upon conviction, as an additional penalty, shall forfeit forever his or
her license and right to practice in this state. [2003 c 53 §
209; 1989 c 19 § 43; 1943 c 130 § 11; Rem. Supp. 1943 §
8603-11. Prior: 1909 c 134 § 22.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
38.32.120
38.32.120 Authority of commanding officer. (Effective July 1, 2004.) (1) The commanding officer at any drill,
parade, encampment or other duty may place in arrest for the
time of such drill, parade, encampment or other duty any person or persons who shall trespass on the camp grounds,
parade grounds, rifle range or armory, or in any way or manner interrupt or molest the orderly discharge of duty of those
[2003 RCW Supp—page 453]
Chapter 38.52
Title 38 RCW: Militia and Military Affairs
on duty, or who shall disturb or prevent the passage of troops
going to or returning from any regularly ordered tour of duty;
and may prohibit and prevent the sale or use of all spirituous
liquors, wines, ale or beer, or holding of huckster or auction
sales, and all gambling therein, and remove disorderly persons beyond the limits of such parade or encampment, or
within a distance of two miles therefrom, and the commanding officer shall have full authority to abate as common nuisances all disorderly places, and bar all unauthorized sales
within such limits.
(2) Any person violating this section, or any order issued
in pursuance thereof, is guilty of a misdemeanor and upon
conviction shall be fined not more than one hundred dollars,
or imprisoned not more than thirty days, or both such fine and
imprisonment.
(3) No license or renewal thereof shall be issued or
granted to any person, firm or corporation for the sale of
intoxicating or spirituous liquors within a distance of three
hundred feet from any armory used by the state of Washington for military purposes, without the approval of the adjutant
general. [2003 c 53 § 210; 1989 c 19 § 44; 1963 c 220 § 137;
1943 c 130 § 52; Rem. Supp. 1943 § 8603-52. Prior: 1937 c
51 § 1; 1909 c 134 § 62; 1895 c 108 § 99.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 38.52
Chapter 38.52 RCW
EMERGENCY MANAGEMENT
Sections
38.52.106
38.52.150
Nisqually earthquake account.
Orders, rules, regulations—Enforcement—Availability—Penalty. (Effective July 1, 2004.)
38.52.106
38.52.106 Nisqually earthquake account. The
Nisqually earthquake account is created in the state treasury.
Moneys may be placed in the account from tax revenues,
budget transfers or appropriations, federal appropriations,
gifts, or any other lawful source. Moneys in the account may
be spent only after appropriation. Moneys in the account
shall be used only to support state and local government
disaster response and recovery efforts associated with the
Nisqually earthquake. During the 2003-2005 fiscal biennium, the legislature may transfer moneys from the Nisqually
earthquake account to the disaster response account for fire
suppression and mobilization costs. [2003 1st sp.s. c 25 §
913; 2002 c 371 § 904; 2001 c 5 § 2.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Nisqually earthquake emergency declaration—2001 c 5: "The legislature declares an emergency caused by a natural disaster, known as the
Nisqually earthquake, which occurred on February 28, 2001, as proclaimed
by the governor and the president of the United States." [2001 c 5 § 1.]
Effective date—2001 c 5: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 12, 2001]." [2001 c 5 § 6.]
38.52.150
38.52.150 Orders, rules, regulations—Enforcement—Availability—Penalty. (Effective July 1, 2004.) (1)
It shall be the duty of every organization for emergency man[2003 RCW Supp—page 454]
agement established pursuant to this chapter and of the officers thereof to execute and enforce such orders, rules, and regulations as may be made by the governor under authority of
this chapter. Each such organization shall have available for
inspection at its office all orders, rules, and regulations made
by the governor, or under his or her authority.
(2)(a) Except as provided in (b) of this subsection, every
violation of any rule, regulation, or order issued under the
authority of this chapter is a misdemeanor.
(b) A second offense hereunder the same is a gross misdemeanor. [2003 c 53 § 211; 1984 c 38 § 14; 1974 ex.s. c 171
§ 17; 1951 c 178 § 18.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 38.54 RCW
STATE FIRE SERVICES MOBILIZATION
Chapter 38.54
Sections
38.54.010
38.54.020
38.54.030
38.54.040
38.54.050
Recodified as RCW 43.43.960.
Recodified as RCW 43.43.961.
Recodified as RCW 43.43.962.
Recodified as RCW 43.43.963.
Recodified as RCW 43.43.964.
38.54.010
38.54.010 Recodified as RCW 43.43.960. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
38.54.020
38.54.020 Recodified as RCW 43.43.961. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
38.54.030
38.54.030 Recodified as RCW 43.43.962. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
38.54.040
38.54.040 Recodified as RCW 43.43.963. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
38.54.050
38.54.050 Recodified as RCW 43.43.964. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Title 39
Title 39
PUBLIC CONTRACTS
AND INDEBTEDNESS
Chapters
39.04 Public works.
39.08 Contractor's bond.
39.10 Alternative public works contracting procedures.
39.12 Prevailing wages on public works.
39.30 Contracts—Indebtedness limitations—Competitive bidding violations.
39.33 Intergovernmental disposition of property.
39.34 Interlocal cooperation act.
39.42 State bonds, notes, and other evidences of indebtedness.
39.44 Bonds—Miscellaneous provisions, bond information reporting.
Public Works
39.46
39.62
39.94
39.96
Chapter 39.04
Bonds—Other miscellaneous provisions—Registration.
Uniform facsimile signature of public officials
act.
Financing contracts.
Payment agreements.
Chapter 39.04 RCW
PUBLIC WORKS
Sections
39.04.105
39.04.107
Competitive bidding—Written protests—Notice of contract
execution.
Competitive bidding—Bidder claiming error.
39.04.105
39.04.105 Competitive bidding—Written protests—
Notice of contract execution. When a municipality receives
a written protest from a bidder for a public works project
which is the subject of competitive bids, the municipality
shall not execute a contract for the project with anyone other
than the protesting bidder without first providing at least two
full business days' written notice of the municipality's intent
to execute a contract for the project; provided that the protesting bidder submits notice in writing of its protest no later than
two full business days following bid opening. Intermediate
Saturdays, Sundays, and legal holidays are not counted.
[2003 c 300 § 1.]
39.04.107
39.04.107 Competitive bidding—Bidder claiming
error. A low bidder on a public works project who claims
error and fails to enter into a contract is prohibited from bidding on the same project if a second or subsequent call for
bids is made for the project. [2003 c 300 § 2.]
Chapter 39.08
Chapter 39.08 RCW
CONTRACTOR'S BOND
Sections
39.08.030
39.08.030
Conditions of bond—Notice of claim—Action on bond—
Attorney's fees.
39.08.030 Conditions of bond—Notice of claim—
Action on bond—Attorney's fees. (1) The bond mentioned
in RCW 39.08.010 shall be in an amount equal to the full contract price agreed to be paid for such work or improvement,
except under subsection (2) of this section, and shall be to the
state of Washington, except as otherwise provided in RCW
39.08.100, and except in cases of cities and towns, in which
cases such municipalities may by general ordinance fix and
determine the amount of such bond and to whom such bond
shall run: PROVIDED, The same shall not be for a less
amount than twenty-five percent of the contract price of any
such improvement, and may designate that the same shall be
payable to such city, and not to the state of Washington, and
all such persons mentioned in RCW 39.08.010 shall have a
right of action in his, her, or their own name or names on such
bond for work done by such laborers or mechanics, and for
materials furnished or provisions and goods supplied and furnished in the prosecution of such work, or the making of such
improvements: PROVIDED, That such persons shall not
have any right of action on such bond for any sum whatever,
unless within thirty days from and after the completion of the
Chapter 39.10
contract with an acceptance of the work by the affirmative
action of the board, council, commission, trustees, officer, or
body acting for the state, county or municipality, or other
public body, city, town or district, the laborer, mechanic or
subcontractor, or materialman, or person claiming to have
supplied materials, provisions or goods for the prosecution of
such work, or the making of such improvement, shall present
to and file with such board, council, commission, trustees or
body acting for the state, county or municipality, or other
public body, city, town or district, a notice in writing in substance as follows:
To (here insert the name of the state, county or municipality or other public body, city, town or district):
Notice is hereby given that the undersigned (here
insert the name of the laborer, mechanic or subcontractor,
or materialman, or person claiming to have furnished labor,
materials or provisions for or upon such contract or work)
has a claim in the sum of . . . . . . dollars (here insert the
amount) against the bond taken from . . . . . . (here insert the
name of the principal and surety or sureties upon such
bond) for the work of . . . . . . (here insert a brief mention or
description of the work concerning which said bond was
taken).
(here to be signed) . . . . . . . . . . . . .
Such notice shall be signed by the person or corporation
making the claim or giving the notice, and said notice, after
being presented and filed, shall be a public record open to
inspection by any person, and in any suit or action brought
against such surety or sureties by any such person or corporation to recover for any of the items hereinbefore specified, the
claimant shall be entitled to recover in addition to all other
costs, attorney's fees in such sum as the court shall adjudge
reasonable: PROVIDED, HOWEVER, That no attorney's
fees shall be allowed in any suit or action brought or instituted before the expiration of thirty days following the date of
filing of the notice hereinbefore mentioned: PROVIDED
FURTHER, That any city may avail itself of the provisions of
RCW 39.08.010 through 39.08.030, notwithstanding any
charter provisions in conflict herewith: AND PROVIDED
FURTHER, That any city or town may impose any other or
further conditions and obligations in such bond as may be
deemed necessary for its proper protection in the fulfillment
of the terms of the contract secured thereby, and not in conflict herewith.
(2) Under the job order contracting procedure described
in RCW 39.10.130, bonds will be in an amount not less than
the dollar value of all open work orders. [2003 c 301 § 4;
1989 c 58 § 1; 1977 ex.s. c 166 § 4; 1915 c 28 § 2; 1909 c 207
§ 3; RRS § 1161. Prior: 1899 c 105 § 1; 1888 p 16 § 3. Formerly RCW 39.08.030 through 39.08.060.]
Severability—1977 ex.s. c 166: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to the other persons
or circumstances is not affected." [1977 ex.s. c 166 § 9.]
Chapter 39.10
Chapter 39.10 RCW
ALTERNATIVE PUBLIC WORKS
CONTRACTING PROCEDURES
Sections
39.10.020
Definitions. (Effective until July 1, 2007.)
[2003 RCW Supp—page 455]
39.10.020
39.10.051
39.10.061
39.10.067
39.10.068
39.10.117
39.10.130
39.10.902
Title 39 RCW: Public Contracts and Indebtedness
Design-build procedure—Which public bodies may use.
(Effective until July 1, 2007.)
General contractor/construction manager procedure—Limitations. (Effective until July 1, 2007.)
School district capital demonstration projects—Conditions.
(Effective until July 1, 2007.)
Public hospital district capital demonstration projects—Conditions. (Effective until July 1, 2007.)
Public hospital district project review board—Established—
Procedures. (Effective until July 1, 2007.)
Job order contracts. (Effective until July 1, 2007.)
Repealer.
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2001 c 328: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."
[2001 c 328 § 8.]
Effective date—1997 c 376: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
[1997 c 376 § 10.]
39.10.051
39.10.020
39.10.020 Definitions. (Effective until July 1, 2007.)
Unless the context clearly requires otherwise, the definitions
in this section apply throughout this chapter.
(1) "Alternative public works contracting procedure"
means the design-build and the general contractor/construction manager contracting procedures authorized in RCW
39.10.051 and 39.10.061, respectively.
(2) "Public body" means the state department of general
administration; the University of Washington; Washington
State University; every city with a population greater than
seventy thousand and any public authority chartered by such
city under RCW 35.21.730 through 35.21.755 and specifically authorized as provided in RCW 39.10.120(4); every
county with a population greater than four hundred fifty thousand; every port district with total revenues greater than fifteen million dollars per year; every public hospital district
with total revenues greater than fifteen million dollars per
year utilizing the design-build procedure authorized by RCW
39.10.051 and every public hospital district, regardless of
total revenues, proposing projects that are considered and
approved by the public hospital district project review board
under RCW 39.10.117; every public utility district with revenues from energy sales greater than twenty-three million dollars per year; those school districts proposing projects that are
considered and approved by the school district project review
board under RCW 39.10.115; and the state ferry system.
(3) "Public works project" means any work for a public
body within the definition of the term public work in RCW
39.04.010.
(4) "Job order contract" means a contract between a public body or any school district and a registered or licensed
contractor in which the contractor agrees to a fixed period,
indefinite quantity delivery order contract which provides for
the use of negotiated, definitive work orders for public works
as defined in RCW 39.04.010.
(5) "Job order contractor" means a registered or licensed
contractor awarded a job order contract.
(6) "Unit price book" means a book containing specific
prices, based on generally accepted industry standards and
information, where available, for various items of work to be
performed by the job order contractor. The prices may
include: All the costs of materials; labor; equipment; overhead, including bonding costs; and profit for performing the
items of work. The unit prices for labor must be at the rates
in effect at the time the individual work order is issued.
(7) "Work order" means an order issued for a definite
scope of work to be performed pursuant to a job order contract. [2003 c 352 § 1; 2003 c 301 § 2; 2003 c 300 § 3; 2001
c 328 § 1; 2000 c 209 § 1; 1997 c 376 § 1; 1994 c 132 § 2.]
Reviser's note: This section was amended by 2003 c 300 § 3, 2003 c
301 § 2, and by 2003 c 352 § 1, each without reference to the other. All
[2003 RCW Supp—page 456]
39.10.051 Design-build procedure—Which public
bodies may use. (Effective until July 1, 2007.) (1) Notwithstanding any other provision of law, and after complying with
RCW 39.10.030, the following public bodies may utilize the
design-build procedure of public works contracting for public
works projects authorized under this section: The state
department of general administration; the state ferry system;
the University of Washington; Washington State University;
every city with a population greater than seventy thousand
and any public authority chartered by such city under RCW
35.21.730 through 35.21.755 and specifically authorized as
provided in RCW 39.10.120(4); every county with a population greater than four hundred fifty thousand; every public
utility district with revenues from energy sales greater than
twenty-three million dollars per year; every public hospital
district with total revenues greater than fifteen million dollars
per year; and every port district with total revenues greater
than fifteen million dollars per year. The authority granted to
port districts in this section is in addition to and does not
affect existing contracting authority under RCW 53.08.120
and 53.08.130. For the purposes of this section, "designbuild procedure" means a contract between a public body and
another party in which the party agrees to both design and
build the facility, portion of the facility, or other item specified in the contract.
(2) Public bodies authorized under this section may utilize the design-build procedure for public works projects valued over ten million dollars where:
(a) The construction activities or technologies to be used
are highly specialized and a design-build approach is critical
in developing the construction methodology or implementing
the proposed technology; or
(b) The project design is repetitive in nature and is an
incidental part of the installation or construction; or
(c) Regular interaction with and feedback from facilities
users and operators during design is not critical to an effective facility design.
(3) Public bodies authorized under this section may also
use the design-build procedure for the following projects that
meet the criteria in subsection (2)(b) and (c) of this section:
(a) The construction or erection of preengineered metal
buildings or prefabricated modular buildings, regardless of
cost; or
(b) The construction of new student housing projects valued over five million dollars.
(4) Contracts for design-build services shall be awarded
through a competitive process utilizing public solicitation of
proposals for design-build services. The public body shall
publish at least once in a legal newspaper of general circulation published in or as near as possible to that part of the
county in which the public work will be done, a notice of its
Alternative Public Works Contracting Procedures
request for proposals for design-build services and the availability and location of the request for proposal documents.
The request for proposal documents shall include:
(a) A detailed description of the project including programmatic, performance, and technical requirements and
specifications, functional and operational elements, minimum and maximum net and gross areas of any building, and,
at the discretion of the public body, preliminary engineering
and architectural drawings;
(b) The reasons for using the design-build procedure;
(c) A description of the qualifications to be required of
the proposer including, but not limited to, submission of the
proposer's accident prevention program;
(d) A description of the process the public body will use
to evaluate qualifications and proposals, including evaluation
factors and the relative weight of factors. Evaluation factors
shall include, but not be limited to: Proposal price; ability of
professional personnel; past performance on similar projects;
ability to meet time and budget requirements; ability to provide a performance and payment bond for the project; recent,
current, and projected work loads of the firm; location; and
the concept of the proposal;
(e) The form of the contract to be awarded;
(f) The amount to be paid to finalists submitting best and
final proposals who are not awarded a design-build contract;
and
(g) Other information relevant to the project.
(5) The public body shall establish a committee to evaluate the proposals based on the factors, weighting, and process identified in the request for proposals. Based on its evaluation, the public body shall select not fewer than three nor
more than five finalists to submit best and final proposals.
The public body may, in its sole discretion, reject all proposals. Design-build contracts shall be awarded using the procedures in (a) or (b) of this subsection.
(a) Best and final proposals shall be evaluated and scored
based on the factors, weighting, and process identified in the
initial request for proposals. The public body may score the
proposals using a system that measures the quality and technical merits of the proposal on a unit price basis. Final proposals may not be considered if the proposal cost is greater
than the maximum allowable construction cost identified in
the initial request for proposals. The public body shall initiate negotiations with the firm submitting the highest scored
best and final proposal. If the public body is unable to execute a contract with the firm submitting the highest scored
best and final proposal, negotiations with that firm may be
suspended or terminated and the public body may proceed to
negotiate with the next highest scored firm. Public bodies
shall continue in accordance with this procedure until a contract agreement is reached or the selection process is terminated.
(b) If the public body determines that all finalists are
capable of producing plans and specifications that adequately
meet project requirements, the public body may award the
contract to the firm that submits the responsive best and final
proposal with the lowest price.
(6) The firm awarded the contract shall provide a performance and payment bond for the contracted amount. The
public body shall provide appropriate honorarium payments
to finalists submitting best and final proposals who are not
39.10.061
awarded a design-build contract. Honorarium payments shall
be sufficient to generate meaningful competition among
potential proposers on design-build projects.
(7) The authority provided to the state ferry system in
this section is limited to projects concerning construction,
renovation, preservation, demolition, and reconstruction of
ferry terminals and associated land-based facilities. [2003 c
352 § 2; 2003 c 300 § 4; 2002 c 46 § 1; 2001 c 328 § 2.]
Reviser's note: This section was amended by 2003 c 300 § 4 and by
2003 c 352 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2002 c 46: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 14, 2002]." [2002 c 46 § 5.]
Effective date—2001 c 328: See note following RCW 39.10.020.
39.10.061
39.10.061 General contractor/construction manager
procedure—Limitations. (Effective until July 1, 2007.)
(1) Notwithstanding any other provision of law, and after
complying with RCW 39.10.030, a public body may utilize
the general contractor/construction manager procedure of
public works contracting for public works projects authorized
under subsection (2) of this section. For the purposes of this
section, "general contractor/construction manager" means a
firm with which a public body has selected and negotiated a
maximum allowable construction cost to be guaranteed by
the firm, after competitive selection through formal advertisement and competitive bids, to provide services during the
design phase that may include life-cycle cost design considerations, value engineering, scheduling, cost estimating, constructability, alternative construction options for cost savings, and sequencing of work, and to act as the construction
manager and general contractor during the construction
phase.
(2) Except those school districts proposing projects that
are considered and approved by the school district project
review board and those public hospital districts proposing
projects that are considered and approved by the public hospital district project review board, public bodies authorized
under this section may utilize the general contractor/construction manager procedure for public works projects valued
over ten million dollars where:
(a) Implementation of the project involves complex
scheduling requirements; or
(b) The project involves construction at an existing facility which must continue to operate during construction; or
(c) The involvement of the general contractor/construction manager during the design stage is critical to the success
of the project.
(3) Public bodies should select general contractor/construction managers early in the life of public works projects,
and in most situations no later than the completion of schematic design.
(4) Contracts for the services of a general contractor/construction manager under this section shall be awarded
through a competitive process requiring the public solicitation of proposals for general contractor/construction manager
services. The public solicitation of proposals shall include:
A description of the project, including programmatic, performance, and technical requirements and specifications when
[2003 RCW Supp—page 457]
39.10.061
Title 39 RCW: Public Contracts and Indebtedness
available; the reasons for using the general contractor/construction manager procedure; a description of the qualifications to be required of the proposer, including submission of
the proposer's accident prevention program; a description of
the process the public body will use to evaluate qualifications
and proposals, including evaluation factors and the relative
weight of factors; the form of the contract to be awarded; the
estimated maximum allowable construction cost; and the bid
instructions to be used by the general contractor/construction
manager finalists. Evaluation factors shall include, but not be
limited to: Ability of professional personnel, past performance in negotiated and complex projects, and ability to
meet time and budget requirements; the scope of work the
general contractor/construction manager proposes to selfperform and its ability to perform it; location; recent, current,
and projected work loads of the firm; and the concept of their
proposal. A public body shall establish a committee to evaluate the proposals. After the committee has selected the most
qualified finalists, these finalists shall submit final proposals,
including sealed bids for the percent fee, which is the percentage amount to be earned by the general contractor/construction manager as overhead and profit, on the estimated
maximum allowable construction cost and the fixed amount
for the detailed specified general conditions work. The public body shall select the firm submitting the highest scored
final proposal using the evaluation factors and the relative
weight of factors published in the public solicitation of proposals.
(5) The maximum allowable construction cost may be
negotiated between the public body and the selected firm
after the scope of the project is adequately determined to
establish a guaranteed contract cost for which the general
contractor/construction manager will provide a performance
and payment bond. The guaranteed contract cost includes the
fixed amount for the detailed specified general conditions
work, the negotiated maximum allowable construction cost,
the percent fee on the negotiated maximum allowable construction cost, and sales tax. If the public body is unable to
negotiate a satisfactory maximum allowable construction
cost with the firm selected that the public body determines to
be fair, reasonable, and within the available funds, negotiations with that firm shall be formally terminated and the public body shall negotiate with the next highest scored firm and
continue until an agreement is reached or the process is terminated. If the maximum allowable construction cost varies
more than fifteen percent from the bid estimated maximum
allowable construction cost due to requested and approved
changes in the scope by the public body, the percent fee shall
be renegotiated.
(6) All subcontract work shall be competitively bid with
public bid openings. When critical to the successful completion of a subcontractor bid package and after publication of
notice of intent to determine bidder eligibility in a legal newspaper of general circulation published in or as near as possible to that part of the county in which the public work will be
done at least twenty days before requesting qualifications
from interested subcontract bidders, the owner and general
contractor/construction manager may determine subcontractor bidding eligibility using the following evaluation criteria:
(a) Adequate financial resources or the ability to secure
such resources;
[2003 RCW Supp—page 458]
(b) History of successful completion of a contract of similar type and scope;
(c) Project management and project supervision personnel with experience on similar projects and the availability of
such personnel for the project;
(d) Current and projected workload and the impact the
project will have on the subcontractor's current and projected
workload;
(e) Ability to accurately estimate the subcontract bid
package scope of work;
(f) Ability to meet subcontract bid package shop drawing
and other coordination procedures;
(g) Eligibility to receive an award under applicable laws
and regulations; and
(h) Ability to meet subcontract bid package scheduling
requirements.
The owner and general contractor/construction manager
shall weigh the evaluation criteria and determine a minimum
acceptable score to be considered an eligible subcontract bidder.
After publication of notice of intent to determine bidder
eligibility, subcontractors requesting eligibility shall be provided the evaluation criteria and weighting to be used by the
owner and general contractor/construction manager to determine eligible subcontract bidders. After the owner and general contractor/construction manager determine eligible subcontract bidders, subcontractors requesting eligibility shall be
provided the results and scoring of the subcontract bidder eligibility determination.
Subcontract bid packages shall be awarded to the responsible bidder submitting the low responsive bid. The requirements of RCW 39.30.060 apply to each subcontract bid package. All subcontractors who bid work over three hundred
thousand dollars shall post a bid bond and all subcontractors
who are awarded a contract over three hundred thousand dollars shall provide a performance and payment bond for their
contract amount. All other subcontractors shall provide a
performance and payment bond if required by the general
contractor/construction manager. If a general contractor/construction manager receives a written protest from a subcontractor bidder, the general contractor/construction manager
shall not execute a contract for the subcontract bid package
with anyone other than the protesting bidder without first
providing at least two full business days' written notice of the
general contractor/construction manager's intent to execute a
contract for the subcontract bid package; provided that the
protesting bidder submits notice in writing of its protest no
later than two full business days following bid opening.
Intermediate Saturdays, Sundays, and legal holidays are not
counted. A low bidder who claims error and fails to enter
into a contract is prohibited from bidding on the same project
if a second or subsequent call for bids is made for the project.
Except as provided for under subsection (7) of this section,
bidding on subcontract work by the general contractor/construction manager or its subsidiaries is prohibited. The general contractor/construction manager may negotiate with the
low-responsive bidder in accordance with RCW 39.10.080
or, if unsuccessful in such negotiations, rebid.
(7) The general contractor/construction manager, or its
subsidiaries, may bid on subcontract work if:
Alternative Public Works Contracting Procedures
(a) The work within the subcontract bid package is customarily performed by the general contractor/construction
manager;
(b) The bid opening is managed by the public body; and
(c) Notification of the general contractor/construction
manager's intention to bid is included in the public solicitation of bids for the bid package.
In no event may the value of subcontract work performed by the general contractor/construction manager
exceed thirty percent of the negotiated maximum allowable
construction cost.
(8) A public body may include an incentive clause in any
contract awarded under this section for savings of either time
or cost or both from that originally negotiated. No incentives
granted may exceed five percent of the maximum allowable
construction cost. If the project is completed for less than the
agreed upon maximum allowable construction cost, any savings not otherwise negotiated as part of an incentive clause
shall accrue to the public body. If the project is completed for
more than the agreed upon maximum allowable construction
cost, excepting increases due to any contract change orders
approved by the public body, the additional cost shall be the
responsibility of the general contractor/construction manager.
(9) The authority provided to the state ferry system in
this section is limited to projects concerning construction,
renovation, preservation, demolition, and reconstruction of
ferry terminals and associated land-based facilities. [2003 c
352 § 3; 2003 c 300 § 5; 2002 c 46 § 2; 2001 c 328 § 3.]
Reviser's note: This section was amended by 2003 c 300 § 5 and by
2003 c 352 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2002 c 46: See note following RCW 39.10.051.
Effective date—2001 c 328: See note following RCW 39.10.020.
39.10.067
39.10.067 School district capital demonstration
projects—Conditions. (Effective until July 1, 2007.) In
addition to the projects authorized in RCW 39.10.061, public
bodies may also use the general contractor/construction manager contracting procedure for the construction of school district capital demonstration projects, subject to the following
conditions:
(1) The project must receive approval from the school
district project review board established under RCW
39.10.115.
(2) The school district project review board may not
authorize more than sixteen demonstration projects valued
over ten million dollars.
(3) The school district project review board may not
authorize more than two demonstration projects valued
between five and ten million dollars and the authorization for
the two demonstration projects shall expire upon the completion of the two projects. [2003 c 301 § 3; 2002 c 46 § 3; 2000
c 209 § 3.]
Effective date—2002 c 46: See note following RCW 39.10.051.
39.10.068
39.10.068 Public hospital district capital demonstration projects—Conditions. (Effective until July 1, 2007.)
(1) In addition to the projects authorized in RCW 39.10.061,
public hospital districts may also use the general contrac-
39.10.117
tor/construction manager contracting procedure for the construction of public hospital district capital demonstration
projects, subject to the following conditions:
(a) The project must receive approval from the public
hospital district project review board established under RCW
39.10.117.
(b) The public hospital district project review board may
not authorize more than ten demonstration projects valued
between five and ten million dollars.
(2) Public hospital districts may also use the general contractor/construction manager contracting procedure for the
construction of any public hospital district capital project that
has a value over ten million dollars and that has received
approval from the public hospital district project review
board established under RCW 39.10.117. [2003 c 300 § 6.]
39.10.117
39.10.117 Public hospital district project review
board—Established—Procedures. (Effective until July 1,
2007.) (1) The public hospital district project review board is
established to review public hospital district proposals submitted by public hospital districts to use alternative public
works contracting procedures. The board shall select and
approve qualified projects based upon an evaluation of the
information submitted by the public hospital district under
subsection (2) of this section. Any appointments for full
terms or to fill a vacancy shall be made by the governor and
shall include the following representatives, each having
experience with public works or commercial construction:
One representative from the department of health; one representative from the office of financial management; two representatives from the construction industry, one of whom
works for a construction company with gross annual revenues of twenty million dollars or less; one representative
from the specialty contracting industry; one representative
from organized labor; one representative from the design
industry; one representative from a public body previously
authorized under this chapter to use an alternative public
works contracting procedure who has experience using such
alternative contracting procedures; one representative from
public hospital districts with total revenues greater than fifteen million dollars per year; and one representative from
public hospital districts with total revenues equal to or less
than fifteen million dollars per year. Each member shall be
appointed for a term of three years, with the first three-year
term commencing after July 27, 2003. Any member of the
public hospital district project review board who is directly
affiliated with any applicant before the board must recuse
him [himself] or herself from consideration of the application.
(2) A public hospital district seeking to use alternative
contracting procedures authorized under this chapter pursuant to RCW 39.10.068 shall file an application with the public hospital district project review board. The application
form shall require the district to submit a detailed statement
of the proposed project, including the public hospital district's name; the current projected total budget for the project,
including the estimated construction costs, costs for professional services, equipment and furnishing costs, off-site
costs, contract administration costs, and other related project
costs; the anticipated project design and construction schedule; a summary of the public hospital district's construction
[2003 RCW Supp—page 459]
39.10.130
Title 39 RCW: Public Contracts and Indebtedness
activity for the preceding six years; and an explanation of
why the public hospital district believes the use of an alternative contracting procedure is in the public interest and why
the public hospital district is qualified to use an alternative
contracting procedure, including a summary of the relevant
experience of the public hospital district's management team.
The applicant shall also provide in a timely manner any other
information concerning implementation of projects under
this chapter requested by the public hospital district project
review board to assist in its consideration.
(3) Any public hospital district whose application is
approved by the public hospital district project review board
shall comply with the public notification and review requirements in RCW 39.10.030.
(4) Any public hospital district whose application is
approved by the public hospital district project review board
shall not use as an evaluation factor whether a contractor submitting a bid for the approved project has had prior general
contractor/construction manager procedure experience.
[2003 c 300 § 7.]
39.10.130
39.10.130 Job order contracts. (Effective until July 1,
2007.) (1) Public bodies may use a job order contract for
public works projects when:
(a) A public body has made a determination that the use
of job order contracts will benefit the public by providing an
effective means of reducing the total lead-time and cost for
public works projects or repair required at public facilities
through the use of unit price books and work orders by eliminating time-consuming, costly aspects of the traditional public works process, which require separate contracting actions
for each small project;
(b) The work order to be issued for a particular project
does not exceed two hundred thousand dollars;
(c) Less than twenty percent of the dollar value of the
work order consists of items of work not contained in the unit
price book; and
(d) At least eighty percent of the job order contract must
be subcontracted to entities other than the job order contractor.
(2) Public bodies shall award job order contracts through
a competitive process utilizing public requests for proposals.
Public bodies shall make an effort to solicit proposals from a
certified minority or certified woman-owned contractor to the
extent permitted by the Washington state civil rights act,
RCW 49.60.400. The public body shall publish, at least once
in a legal newspaper of general circulation published in or as
near as possible to that part of the county in which the public
works will be done, a request for proposals for job order contracts and the availability and location of the request for proposal documents. The public body shall ensure that the
request for proposal documents at a minimum includes:
(a) A detailed description of the scope of the job order
contract including performance, technical requirements and
specifications, functional and operational elements, minimum and maximum work order amounts, duration of the contract, and options to extend the job order contract;
(b) The reasons for using job order contracts;
(c) A description of the qualifications required of the
proposer;
(d) The identity of the specific unit price book to be used;
[2003 RCW Supp—page 460]
(e) The minimum contracted amount committed to the
selected job order contractor;
(f) A description of the process the public body will use
to evaluate qualifications and proposals, including evaluation
factors and the relative weight of factors. The public body
shall ensure that evaluation factors include, but are not limited to, proposal price and the ability of the proposer to perform the job order contract. In evaluating the ability of the
proposer to perform the job order contract, the public body
may consider: The ability of the professional personnel who
will work on the job order contract; past performance on similar contracts; ability to meet time and budget requirements;
ability to provide a performance and payment bond for the
job order contract; recent, current, and projected work loads
of the proposer; location; and the concept of the proposal;
(g) The form of the contract to be awarded;
(h) The method for pricing renewals of or extensions to
the job order contract;
(i) A notice that the proposals are subject to the provisions of RCW 39.10.100; and
(j) Other information relevant to the project.
(3) A public body shall establish a committee to evaluate
the proposals. After the committee has selected the most
qualified finalists, the finalists shall submit final proposals,
including sealed bids based upon the identified unit price
book. Such bids may be in the form of coefficient markups
from listed price book costs. The public body shall award the
contract to the firm submitting the highest scored final proposal using the evaluation factors and the relative weight of
factors published in the public request for proposals.
(4) The public body shall provide a protest period of at
least ten business days following the day of the announcement of the apparent successful proposal to allow a protester
to file a detailed statement of the grounds of the protest. The
public body shall promptly make a determination on the merits of the protest and provide to all proposers a written decision of denial or acceptance of the protest. The public body
shall not execute the contract until two business days following the public body's decision on the protest.
(5) The public body shall issue no work orders until it
has approved, in consultation with the office of minority and
women's business enterprises or the equivalent local agency,
a plan prepared by the job order contractor that equitably
spreads certified women and minority business enterprise
subcontracting opportunities, to the extent permitted by the
Washington state civil rights act, RCW 49.60.400, among the
various subcontract disciplines.
(6) Job order contracts may be executed for an initial
contract term of not to exceed two years, with the option of
extending or renewing the job order contract for one year.
All extensions or renewals must be priced as provided in the
request for proposals. The extension or renewal must be
mutually agreed to by the public body and the job order contractor.
(7) The maximum total dollar amount that may be
awarded under a job order contract shall not exceed three million dollars in the first year of the job order contract, five million dollars over the first two years of the job order contract,
and, if extended or renewed, eight million dollars over the
three years of the job order contract.
Prevailing Wages on Public Works
(8) For each job order contract, public bodies shall not
issue more than two work orders equal to or greater than one
hundred fifty thousand dollars in a twelve-month contract
performance period.
(9) All work orders issued for the same project shall be
treated as a single work order for purposes of the one hundred
fifty thousand dollar limit on work orders in subsection (8) of
this section and the two hundred thousand dollar limit on
work orders in subsection (1)(b) of this section.
(10) Any new permanent, enclosed building space constructed under a work order shall not exceed two thousand
gross square feet.
(11) Each public body may have no more than two job
order contracts in effect at any one time.
(12) For purposes of chapters 39.08, 39.12, 39.76, and
60.28 RCW, each work order issued shall be treated as a separate contract. The alternate filing provisions of RCW
39.12.040(2) shall apply to each work order that otherwise
meets the eligibility requirements of RCW 39.12.040(2).
(13) The requirements of RCW 39.30.060 do not apply
to requests for proposals for job order contracts.
(14) Job order contractors shall pay prevailing wages for
all work that would otherwise be subject to the requirements
of chapter 39.12 RCW. Prevailing wages for all work performed pursuant to each work order must be the rates in
effect at the time the individual work order is issued.
(15) If, in the initial contract term, the public body, at no
fault of the job order contractor, fails to issue the minimum
amount of work orders stated in the public request for proposals, the public body shall pay the contractor an amount equal
to the difference between the minimum work order amount
and the actual total of the work orders issued multiplied by an
appropriate percentage for overhead and profit contained in
the general conditions for Washington state facility construction. This will be the contractor's sole remedy.
(16) All job order contracts awarded under this section
must be executed before July 1, 2007, however the job order
contract may be extended or renewed as provided for in this
section.
(17) For purposes of this section, "public body" includes
any school district. [2003 c 301 § 1.]
39.10.902
39.10.902 Repealer. The following acts or parts of acts,
as now existing or hereafter amended, are each repealed,
effective July 1, 2007:
(1) RCW 39.10.010 and 1994 c 132 § 1;
(2) RCW 39.10.020 and 2003 c 301 § 2, 2003 c 300 § 3,
2001 c 328 § 1, 2000 c 209 § 1, 1997 c 376 § 1, & 1994 c 132
§ 2;
(3) RCW 39.10.030 and 1997 c 376 § 2 & 1994 c 132 §
3;
(4) RCW 39.10.040 and 1994 c 132 § 4;
(5) RCW 39.10.051 and 2003 c 300 § 4, 2002 c 46 § 1, &
2001 c 328 § 2;
(6) RCW 39.10.061 and 2003 c 300 § 5, 2002 c 46 § 2, &
2001 c 328 § 3;
(7) RCW 39.10.065 and 1997 c 376 § 5;
(8) RCW 39.10.067 and 2003 c 301 § 3, 2002 c 46 § 3, &
2000 c 209 § 3;
(9) RCW 39.10.070 and 1994 c 132 § 7;
(10) RCW 39.10.080 and 1994 c 132 § 8;
39.30.060
(11) RCW 39.10.090 and 1994 c 132 § 9;
(12) RCW 39.10.100 and 1994 c 132 § 10;
(13) RCW 39.10.115 and 2001 c 328 § 4 & 2000 c 209 §
4;
(14) RCW 39.10.900 and 1994 c 132 § 13;
(15) RCW 39.10.901 and 1994 c 132 § 14;
(16) RCW 39.10.068 and 2003 c 300 § 6;
(17) RCW 39.10.117 and 2003 c 300 § 7; and
(18) RCW 39.10.130 and 2003 c 301 § 1. [2003 c 301 §
8; 2003 c 300 § 8; 2002 c 46 § 4; 2001 c 328 § 6; 1997 c 376
§ 8; 1995 3rd sp.s. c 1 § 306; 1994 c 132 § 15.]
Reviser's note: This section was amended by 2003 c 300 § 8 and by
2003 c 301 § 8, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2002 c 46: See note following RCW 39.10.051.
Effective date—2001 c 328: See note following RCW 39.10.020.
Effective date—1997 c 376: See note following RCW 39.10.020.
Part headings not law—Effective date—1995 3rd sp.s. c 1: See notes
following RCW 82.14.0485.
Chapter 39.12 RCW
PREVAILING WAGES ON PUBLIC WORKS
Chapter 39.12
Sections
39.12.026
39.12.090
Surveys—Applicability by county.
Job order contracts. (Effective until July 1, 2007.)
39.12.026
39.12.026 Surveys—Applicability by county. (1) In
establishing the prevailing rate of wage under RCW
39.12.010, 39.12.015, and 39.12.020, all data collected by the
department may be used only in the county for which the
work was performed.
(2) This section applies only to prevailing wage surveys
initiated on or after August 1, 2003. [2003 c 363 § 206.]
Findings—Intent—2003 c 363 §§ 201-206: See note following RCW
49.04.041.
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
39.12.090
39.12.090 Job order contracts. (Effective until July 1,
2007.) Job order contracts under RCW 39.10.130 must pay
prevailing wages for all work that would otherwise be subject
to the requirements of this chapter. Prevailing wages for all
work performed pursuant to each work order must be the
rates in effect at the time the individual work order is issued.
[2003 c 301 § 6.]
Repealer—2003 c 301 § 6: "The following acts or parts of acts, as now
existing or hereafter amended, are each repealed, effective July 1, 2007:
RCW 39.12.090 and 2003 c 301 § 6." [2003 c 301 § 9.]
Chapter 39.30 RCW
CONTRACTS—INDEBTEDNESS LIMITATIONS—
COMPETITIVE BIDDING VIOLATIONS
Chapter 39.30
Sections
39.30.060
Bids on public works—Identification, substitution of subcontractors.
39.30.060
39.30.060 Bids on public works—Identification, substitution of subcontractors. (1) Every invitation to bid on a
prime contract that is expected to cost one million dollars or
more for the construction, alteration, or repair of any public
[2003 RCW Supp—page 461]
Chapter 39.33
Title 39 RCW: Public Contracts and Indebtedness
Chapter 39.33 RCW
INTERGOVERNMENTAL DISPOSITION
OF PROPERTY
Chapter 39.33
building or public work of the state or a state agency or
municipality as defined under RCW 39.04.010 or an institution of higher education as defined under RCW 28B.10.016
shall require each prime contract bidder to submit as part of
the bid, or within one hour after the published bid submittal
time, the names of the subcontractors with whom the bidder,
if awarded the contract, will subcontract for performance of
the work of: HVAC (heating, ventilation, and air conditioning); plumbing as described in chapter 18.106 RCW; and
electrical as described in chapter 19.28 RCW, or to name
itself for the work. The prime contract bidder shall not list
more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in
which case the prime contract bidder must indicate which
subcontractor will be used for which alternate. Failure of the
prime contract bidder to submit as part of the bid the names
of such subcontractors or to name itself to perform such work
or the naming of two or more subcontractors to perform the
same work shall render the prime contract bidder's bid nonresponsive and, therefore, void.
(2) Substitution of a listed subcontractor in furtherance
of bid shopping or bid peddling before or after the award of
the prime contract is prohibited and the originally listed subcontractor is entitled to recover monetary damages from the
prime contract bidder who executed a contract with the public entity and the substituted subcontractor but not from the
public entity inviting the bid. It is the original subcontractor's
burden to prove by a preponderance of the evidence that bid
shopping or bid peddling occurred. Substitution of a listed
subcontractor may be made by the prime contractor for the
following reasons:
(a) Refusal of the listed subcontractor to sign a contract
with the prime contractor;
(b) Bankruptcy or insolvency of the listed subcontractor;
(c) Inability of the listed subcontractor to perform the
requirements of the proposed contract or the project;
(d) Inability of the listed subcontractor to obtain the necessary license, bonding, insurance, or other statutory requirements to perform the work detailed in the contract; or
(e) The listed subcontractor is barred from participating
in the project as a result of a court order or summary judgment.
(3) The requirement of this section to name the prime
contract bidder's proposed HVAC, plumbing, and electrical
subcontractors applies only to proposed HVAC, plumbing,
and electrical subcontractors who will contract directly with
the prime contract bidder submitting the bid to the public
entity.
(4) This section does not apply to job order contract
requests for proposals under RCW 39.10.130. [2003 c 301 §
5; 2002 c 163 § 2; 1999 c 109 § 1; 1995 c 94 § 1; 1994 c 91 §
1; 1993 c 378 § 1.]
Intent—2002 c 163: "This act is intended to discourage bid shopping
and bid peddling on Washington state public building and works projects."
[2002 c 163 § 1.]
Application—1994 c 91: "This act applies prospectively only and not
retroactively. It applies only to invitations to bid issued on or after June 9,
1994." [1994 c 91 § 2.]
Application—1993 c 378: "This act applies prospectively only and not
retroactively. It applies only to invitations to bid issued on or after July 25,
1993." [1993 c 378 § 2.]
[2003 RCW Supp—page 462]
Sections
39.33.010
Sale, exchange, transfer, lease of public property authorized—
Section deemed alternative.
39.33.010
39.33.010 Sale, exchange, transfer, lease of public
property authorized—Section deemed alternative. (1)
The state or any municipality or any political subdivision
thereof, may sell, transfer, exchange, lease or otherwise dispose of any property, real or personal, or property rights,
including but not limited to the title to real property, to the
state or any municipality or any political subdivision thereof,
or the federal government, on such terms and conditions as
may be mutually agreed upon by the proper authorities of the
state and/or the subdivisions concerned. In addition, the
state, or any municipality or any political subdivision thereof,
may sell, transfer, exchange, lease, or otherwise dispose of
personal property, except weapons, to a foreign entity.
(2) This section shall be deemed to provide an alternative
method for the doing of the things authorized herein, and
shall not be construed as imposing any additional condition
upon the exercise of any other powers vested in the state,
municipalities or political subdivisions.
(3) No intergovernmental transfer, lease, or other disposition of property made pursuant to any other provision of
law prior to May 23, 1972, shall be construed to be invalid
solely because the parties thereto did not comply with the
procedures of this section. [2003 c 303 § 1; 1981 c 96 § 1;
1973 c 109 § 1; 1972 ex.s. c 95 § 1; 1953 c 133 § 1.]
Effective date—2003 c 303: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 14, 2003]." [2003 c 303 § 2.]
Exchange of county tax title lands with other governmental agencies: Chapter 36.35 RCW.
Chapter 39.34
Chapter 39.34 RCW
INTERLOCAL COOPERATION ACT
Sections
39.34.020
39.34.190
39.34.200
39.34.210
39.34.220
39.34.020
Definitions.
Watershed management plan projects—Use of water-related
revenues.
Watershed management partnerships—Formation.
Watershed management partnerships—Indebtedness—Bonds.
Watershed management plans—Additional authority for
implementation—Existing agreements not affected.
39.34.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Public agency" means any agency, political subdivision, or unit of local government of this state including, but
not limited to, municipal corporations, quasi municipal corporations, special purpose districts, and local service districts; any agency of the state government; any agency of the
United States; any Indian tribe recognized as such by the federal government; and any political subdivision of another
state.
(2) "State" means a state of the United States.
Interlocal Cooperation Act
(3) "Watershed management partnership" means an
interlocal cooperation agreement formed under the authority
of RCW 39.34.200.
(4) "WRIA" has the definition in RCW 90.82.020. [2003
c 327 § 3; 1985 c 33 § 1; 1979 c 36 § 1; 1977 ex.s. c 283 § 13;
1975 1st ex.s. c 115 § 1; 1973 c 34 § 1; 1971 c 33 § 1; 1969 c
88 § 1; 1969 c 40 § 1; 1967 c 239 § 3.]
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
Seve ra bi li ty—1 977 e x.s. c 283 : Se e no te fo llo wing R CW
28A.310.010.
39.34.190
39.34.190 Watershed management plan projects—
Use of water-related revenues. (1) The legislative authority
of a city or county and the governing body of any special purpose district enumerated in subsection (2) of this section may
authorize up to ten percent of its water-related revenues to be
expended in the implementation of watershed management
plan projects or activities that are in addition to the county's,
city's, or district's existing water-related services or activities.
Such limitation on expenditures shall not apply to additional
revenues for watershed plan implementation that are authorized by voter approval under *section 5 of this act or to
water-related revenues of a public utility district organized
according to Title 54 RCW. Water-related revenues include
rates, charges, and fees for the provision of services relating
to water supply, treatment, distribution, and management
generally, and those general revenues of the local government that are expended for water management purposes. A
local government may not expend for this purpose any revenues that were authorized by voter approval for other specified purposes or that are specifically dedicated to the repayment of municipal bonds or other debt instruments.
(2) The following special purpose districts may exercise
the authority provided by this section:
(a) Water districts, sewer districts, and water-sewer districts organized under Title 57 RCW;
(b) Public utility districts organized under Title 54 RCW;
(c) Irrigation, reclamation, conservation, and similar districts organized under Titles 87 and 89 RCW;
(d) Port districts organized under Title 53 RCW;
(e) Diking, drainage, and similar districts organized
under Title 85 RCW;
(f) Flood control and similar districts organized under
Title 86 RCW;
(g) Lake management districts organized under chapter
36.61 RCW;
(h) Aquifer protection areas organized under chapter
36.36 RCW; and
(i) Shellfish protection districts organized under chapter
90.72 RCW.
(3) The authority for expenditure of local government
revenues provided by this section shall be applicable broadly
to the implementation of watershed management plans
addressing water supply, water transmission, water quality
treatment or protection, or any other water-related purposes.
Such plans include but are not limited to plans developed
under the following authorities:
(a) Watershed plans developed under chapter 90.82
RCW;
(b) Salmon recovery plans developed under chapter
77.85 RCW;
39.34.200
(c) Watershed management elements of comprehensive
land use plans developed under the growth management act,
chapter 36.70A RCW;
(d) Watershed management elements of shoreline master
programs developed under the shoreline management act,
chapter 90.58 RCW;
(e) Nonpoint pollution action plans developed under the
Puget Sound water quality management planning authorities
of chapter 90.71 RCW and chapter 400-12 WAC;
(f) Other comprehensive management plans addressing
watershed health at a WRIA level or sub-WRIA basin drainage level;
(g) Coordinated water system plans under chapter
70.116 RCW and similar regional plans for water supply; and
(h) Any combination of the foregoing plans in an integrated watershed management plan.
(4) The authority provided by this section to expend revenues for watershed management plan implementation shall
be construed broadly to include, but not be limited to:
(a) The coordination and oversight of plan implementation, including funding a watershed management partnership
for this purpose;
(b) Technical support, monitoring, and data collection
and analysis;
(c) The design, development, construction, and operation of projects included in the plan; and
(d) Conducting activities and programs included as elements in the plan. [2003 c 327 § 2.]
*Reviser's note: Section 5 of this act was vetoed by the governor.
Finding—Intent—2003 c 327: "The legislature finds that throughout
Washington state there are many active efforts to protect, manage, and
restore watersheds. The state's river systems provide a variety of benefits for
society's many needs, so efforts to protect these watersheds should reflect the
diversity of social, environmental, and economic factors that make the state
unique.
Yet, there is a conflict between the natural flow of river systems and the
way watersheds are governed. From a hydrological standpoint, a watershed
is a single, integrated system. But these systems usually flow through a number of cities, counties, and other municipalities as they move from their
source to the sea. As a result, many are subject to the full range of management interests, including multiple government entities with jurisdiction over
water. In many cases, the political boundaries of government do not align
with the hydrological boundaries of watersheds and may actually hinder the
implementation of coordinated, cooperative plans. Cooperative watershed
management actions by local governments, special districts, and utilities can
help maintain healthy watershed function and support the beneficial use of
water by these entities and protect the quality of the resource that they use or
affect. By participating in cooperative watershed management actions, local
governments, special districts, and utilities are acting in the public interest
and in a manner that is intended to sustain maximum beneficial use and high
quality of water over time and to maintain the services that these entities provide.
Therefore, it is the intent of this act to remove statutory barriers that
may prevent local governments from working together in the creation and
implementation of cooperative, coordinated watershed plans. In addition, it
is the further intent of this act to provide additional authorities to assist in
such implementation." [2003 c 327 § 1.]
39.34.200
39.34.200 Watershed management partnerships—
Formation. Any two or more public agencies may enter into
agreements with one another to form a watershed management partnership for the purpose of implementing any portion or all elements of a watershed management plan, including the coordination and oversight of plan implementation.
The plan may be any plan or plan element described in RCW
39.34.190(3). The watershed partnership agreement shall
[2003 RCW Supp—page 463]
39.34.210
Title 39 RCW: Public Contracts and Indebtedness
include the provisions required of all interlocal agreements
under RCW 39.34.030(3). The agreement shall be filed pursuant to RCW 39.34.040 with the county auditor of each
county lying within the geographical watershed area to be
addressed by the partnership. The public agencies forming
the partnership shall designate a treasurer for the deposit,
accounting, and handling of the funds of the partnership. The
treasurer shall be either a county treasurer or a city treasurer
of a county or city participating in the agreement to form the
partnership. [2003 c 327 § 4.]
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
39.34.210
39.34.210 Watershed management partnerships—
Indebtedness—Bonds. Where a watershed management
partnership formed under the authority of RCW 39.34.200
establishes a separate legal entity to conduct the cooperating
undertaking of the partnership, such legal entity is authorized
for the purpose of carrying out such undertaking to contract
indebtedness and to issue and sell general obligation bonds
pursuant to and in the manner provided for general county
bonds in chapters 36.67 and 39.46 RCW and other applicable
statutes, and to issue revenue bonds pursuant to and in the
manner provided for revenue bonds in chapter 36.67 RCW
and other applicable statutes. The joint board established by
the partnership agreement shall perform the functions referenced in chapter 36.67 RCW to be performed by the county
legislative authority in the case of county bonds. [2003 c 327
§ 6.]
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
39.34.220
39.34.220 Watershed management plans—Additional authority for implementation—Existing agreements not affected. The amendments by chapter 327, Laws
of 2003 to the interlocal cooperation act authorities are
intended to provide additional authority to public agencies
for the purposes of implementing watershed management
plans, and do not affect any agreements among public agencies existing on July 27, 2003. [2003 c 327 § 7.]
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
Chapter 39.42 RCW
STATE BONDS, NOTES, AND OTHER EVIDENCES
OF INDEBTEDNESS
Chapter 39.42
Sections
39.42.060
39.42.070
Limitation on issuance of evidences of indebtedness—Annual
computation of amount required to pay on outstanding debt.
Computation of general state revenues—Filing of certificate—
Estimate of debt capacity.
39.42.060
39.42.060 Limitation on issuance of evidences of
indebtedness—Annual computation of amount required
to pay on outstanding debt. No bonds, notes, or other evidences of indebtedness for borrowed money shall be issued
by the state which will cause the aggregate debt contracted by
the state to exceed that amount for which payments of principal and interest in any fiscal year would require the state to
expend more than seven percent of the arithmetic mean of its
general state revenues, as defined in RCW 39.42.070, for the
three immediately preceding fiscal years as certified by the
treasurer in accordance with RCW 39.42.070. It shall be the
[2003 RCW Supp—page 464]
duty of the state finance committee to compute annually the
amount required to pay principal of and interest on outstanding debt. In making such computation, the state finance committee shall include all borrowed money represented by
bonds, notes, or other evidences of indebtedness which are
secured by the full faith and credit of the state or are required
to be paid, directly or indirectly, from general state revenues
and which are incurred by the state, any department, authority, public corporation or quasi public corporation of the
state, any state university or college, or any other public
agency created by the state but not by counties, cities, towns,
school districts, or other municipal corporations, and shall
include debt incurred pursuant to section 3 of Article VIII of
the Washington state Constitution, but shall exclude the following:
(1) Obligations for the payment of current expenses of
state government;
(2) Indebtedness incurred pursuant to RCW 39.42.080 or
39.42.090;
(3) Principal of and interest on bond anticipation notes;
(4) Any indebtedness which has been refunded;
(5) Financing contracts entered into under chapter 39.94
RCW;
(6) Indebtedness authorized or incurred before July 1,
1993, pursuant to statute which requires that the state treasury
be reimbursed, in the amount of the principal of and the interest on such indebtedness, from money other than general
state revenues or from the special excise tax imposed pursuant to chapter 67.40 RCW;
(7) Indebtedness authorized and incurred after July 1,
1993, pursuant to statute that requires that the state treasury
be reimbursed, in the amount of the principal of and the interest on such indebtedness, from (a) moneys outside the state
treasury, except higher education operating fees, (b) higher
education building fees, (c) indirect costs recovered from federal grants and contracts, and (d) fees and charges associated
with hospitals operated or managed by institutions of higher
education;
(8) Any agreement, promissory note, or other instrument
entered into by the state finance committee under RCW
39.42.030 in connection with its acquisition of bond insurance, letters of credit, or other credit support instruments for
the purpose of guaranteeing the payment or enhancing the
marketability, or both, of any state bonds, notes, or other evidence of indebtedness;
(9) Indebtedness incurred for the purposes identified in
RCW 43.99N.020;
(10) Indebtedness incurred for the purposes of the school
district bond guaranty established by chapter 39.98 RCW;
(11) Indebtedness incurred for the purposes of replacing
the waterproof membrane over the east plaza garage and
revising related landscaping construction pursuant to RCW
43.99Q.070;
(12) Indebtedness incurred for the purposes of the state
legislative building rehabilitation, to the extent that principal
and interest payments of such indebtedness are paid from the
capitol building construction account pursuant to RCW
43.99Q.140(2)(b); and
(13) Indebtedness incurred for the purposes of financing
projects under RCW 47.10.867.
Bonds—Miscellaneous Provisions, Bond Information Reporting
Chapter 39.62
Effective date—2003 c 147: See note following RCW 47.10.861.
the state, and may make estimated projections for one or
more years concerning debt capacity.
(2) For purposes of this chapter, general state revenues
shall also include revenues that are deposited in the general
fund under RCW 82.45.180(2), lottery revenues as provided
in RCW 67.70.240(3), revenues paid into the general fund
under RCW 84.52.067, and revenues deposited into the student achievement fund and distributed to school districts as
provided in RCW 84.52.068. [2003 1st sp.s. c 9 § 1; 2002 c
240 § 8; 1971 ex.s. c 184 § 7.]
Severability—Effective date—2002 c 240: See RCW 43.99G.902 and
43.99G.903.
*Reviser's note: For "the effective date of this act," see RCW
39.42.900.
To the extent necessary because of the constitutional or
statutory debt limitation, priorities with respect to the issuance or guaranteeing of bonds, notes, or other evidences of
indebtedness by the state shall be determined by the state
finance committee. [2003 c 147 § 13; 2002 c 240 § 7; 2001
2nd sp.s. c 9 § 18; 1999 c 273 § 9; 1997 c 220 § 220 (Referendum Bill No. 48, approved June 17, 1997); 1993 c 52 § 1.
Prior: 1989 1st ex.s. c 14 § 17; 1989 c 356 § 7; 1983 1st ex.s.
c 36 § 1; 1979 ex.s. c 204 § 1; 1971 ex.s. c 184 § 6.]
Severability—Effective date—2001 2nd sp.s. c 9: See RCW
43.99Q.900 and 43.99Q.901.
Contingent effective date—1999 c 273: See RCW 39.98.900.
Referendum—Other legislation limited—Legislators' personal
intent not indicated—Reimbursements for election—Voters' pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Effective date—1993 c 52: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 52 § 2.]
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
39.42.070
39.42.070 Computation of general state revenues—
Filing of certificate—Estimate of debt capacity. (1) On or
after *the effective date of this act, the treasurer shall compute general state revenues for the three fiscal years immediately preceding such date and shall determine the arithmetic
mean thereof. As soon as is practicable after the close of each
fiscal year thereafter, he or she shall do likewise. In determining the amount of general state revenues, the treasurer
shall include all state money received in the treasury from
each and every source whatsoever except: (a) Fees and revenues derived from the ownership or operation of any undertaking, facility or project; (b) moneys received as gifts,
grants, donations, aid or assistance or otherwise from the
United States or any department, bureau or corporation
thereof, or any person, firm or corporation, public or private,
when the terms and conditions of such gift, grant, donation,
aid or assistance require the application and disbursement of
such moneys otherwise than for the general purposes of the
state of Washington; (c) moneys to be paid into and received
from retirement system funds, and performance bonds and
deposits; (d) moneys to be paid into and received from trust
funds including but not limited to moneys received from
taxes levied for specific purposes and the several permanent
and irreducible funds of the state and the moneys derived
therefrom but excluding bond redemption funds; (e) proceeds
received from the sale of bonds or other evidences of indebtedness. Upon computing general state revenues, the treasurer
shall make and file in the office of the secretary of state, a certificate containing the results of such computations. Copies
of said certificate shall be sent to each elected official of the
state and each member of the legislature. The treasurer shall,
at the same time, advise each elected official and each member of the legislature of the current available debt capacity of
Severability—Effective date—2002 c 240: See RCW 43.99G.902 and
43.99G.903.
Chapter 39.44 RCW
BONDS—MISCELLANEOUS PROVISIONS, BOND
INFORMATION REPORTING
Chapter 39.44
Sections
39.44.101
Facsimile signatures on bonds and coupons—Fraud—
Destruction of plates—Penalty. (Effective July 1, 2004.)
39.44.101
39.44.101 Facsimile signatures on bonds and coupons—Fraud—Destruction of plates—Penalty. (Effective
July 1, 2004.) Every printer, engraver, or lithographer, who
with the intent to defraud, prints, engraves, or lithographs a
facsimile signature upon any bond or coupon without written
order of the issuing authority, or fails to destroy such plate or
plates containing the facsimile signature upon direction of
such issuing authority, is guilty of a class B felony punishable
according to chapter 9A.20 RCW. [2003 c 53 § 212; 1955 c
375 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Fraud, forgery: Chapter 9A.60 RCW.
Chapter 39.46
Chapter 39.46 RCW
BONDS—OTHER MISCELLANEOUS
PROVISIONS—REGISTRATION
Sections
39.46.050
Bonds—Issuer authorized to establish lines of credit.
39.46.050
39.46.050 Bonds—Issuer authorized to establish
lines of credit. Each local government authorized to issue
bonds is authorized to establish lines of credit with any qualified public depository to be drawn upon in exchange for its
bonds or other obligations, to delegate to its treasurer authority to determine the amount of credit extended, and to pay
interest and other finance or service charges. The interest
rates on such bonds or other obligations may be a fixed rate
or rates set periodically or a variable rate or rates determined
by agreement of the parties. [2003 c 23 § 1; 1983 c 167 § 5.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Chapter 39.62 RCW
UNIFORM FACSIMILE SIGNATURE OF PUBLIC
OFFICIALS ACT
Chapter 39.62
Sections
[2003 RCW Supp—page 465]
39.62.040
39.62.040
Title 39 RCW: Public Contracts and Indebtedness
Unauthorized use—Penalty. (Effective July 1, 2004.)
39.62.040
39.62.040 Unauthorized use—Penalty. (Effective
July 1, 2004.) Any person who with intent to defraud uses on
a public security or an instrument of payment:
(1) A facsimile signature, or any reproduction of it, of
any authorized officer, or
(2) Any facsimile seal, or any reproduction of it, of this
state or any of its departments, agencies, counties, cities,
towns, municipal corporations, junior taxing districts, school
districts, or other instrumentalities or of any of its political
subdivisions is guilty of a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 213; 1969 c 86 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 39.94
Chapter 39.94 RCW
FINANCING CONTRACTS
Sections
39.94.040
State finance committee—Duties—Legislative approval
required, when.
39.94.040
39.94.040 State finance committee—Duties—Legislative approval required, when. (1) Except as provided in
RCW 28B.10.022, the state may not enter into any financing
contract for itself if the aggregate principal amount payable
thereunder is greater than an amount to be established from
time to time by the state finance committee or participate in a
program providing for the issuance of certificates of participation, including any contract for credit enhancement, without the prior approval of the state finance committee. Except
as provided in RCW 28B.10.022, the state finance committee
shall approve the form of all financing contracts or a standard
format for all financing contracts. The state finance committee also may:
(a) Consolidate existing or potential financing contracts
into master financing contracts with respect to property
acquired by one or more agencies, departments, instrumentalities of the state, the state board for community and technical
colleges, or a state institution of higher learning; or to be
acquired by an other agency;
(b) Approve programs providing for the issuance of certificates of participation in master financing contracts for the
state or for other agencies;
(c) Enter into agreements with trustees relating to master
financing contracts; and
(d) Make appropriate rules for the performance of its
duties under this chapter.
(2) In the performance of its duties under this chapter,
the state finance committee may consult with representatives
from the department of general administration, the office of
financial management, and the department of information
services.
(3) With the approval of the state finance committee, the
state also may enter into agreements with trustees relating to
financing contracts and the issuance of certificates of participation.
(4) Except for financing contracts for real property used
for the purposes described under chapter 28B.140 RCW, the
[2003 RCW Supp—page 466]
state may not enter into any financing contract for real property of the state without prior approval of the legislature.
(5) The state may not enter into any financing contract
on behalf of an other agency without the approval of such a
financing contract by the governing body of the other agency.
[2003 c 6 § 2; 2002 c 151 § 6; 1998 c 291 § 5; 1989 c 356 § 4.]
Application—1998 c 291: See note following RCW 39.94.050.
Chapter 39.96
Chapter 39.96 RCW
PAYMENT AGREEMENTS
Sections
39.96.020
39.96.020
Definitions.
39.96.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Financial advisor" means a financial services or
financial advisory firm:
(a) With recognized knowledge and experience in connection with the negotiation and execution of payment agreements;
(b) That is acting solely as financial advisor to the governmental entity in connection with the execution of the payment agreement and the issuance or incurring of any related
obligations, and not as a principal, placement agent, purchaser, underwriter, or other similar party, and that does not
control, nor is it controlled by or under common control with,
any such party;
(c) That is compensated for its services in connection
with the execution of payment agreements, either directly or
indirectly, solely by the governmental entity; and
(d) Whose compensation is not based on a percentage of
the notional amount of the payment agreement or of the principal amount of any related obligations.
(2) "Governmental entity" means state government or
local government.
(3) "Local government" means any city, county, port district, public hospital district, or public utility district, or any
joint operating agency formed under RCW 43.52.360, that
has or will have outstanding obligations in an aggregate principal amount of at least one hundred million dollars as of the
date a payment agreement is executed or is scheduled by its
terms to commence or had at least one hundred million dollars in gross revenues during the preceding calendar year.
(4) "Obligations" means bonds, notes, bond anticipation
notes, commercial paper, or other obligations for borrowed
money, or lease, installment purchase, or other similar
financing agreements or certificates of participation in such
agreements.
(5) "Payment agreement" means a written agreement
which provides for an exchange of payments based on interest rates, or for ceilings or floors on these payments, or an
option on these payments, or any combination, entered into
on either a current or forward basis.
(6) "State government" means (a) the state of Washington, acting by and through its state finance committee, (b) the
Washington health care facilities authority, (c) the Washington higher education facilities authority, (d) the Washington
state housing finance commission, or (e) the state finance
committee upon adoption of a resolution approving a pay-
Public Documents, Records, and Publications
40.14.027
40.14.025
ment agreement on behalf of any state institution of higher
education as defined under RCW 28B.10.016: PROVIDED,
That such approval shall not constitute the pledge of the full
faith and credit of the state, but a pledge of only those funds
specified in the approved agreement. [2003 c 47 § 1; 1993 c
273 § 2.]
Title 40
Title 40
PUBLIC DOCUMENTS, RECORDS,
AND PUBLICATIONS
Chapters
40.14 Preservation and destruction of public records.
40.16 Penal provisions.
Chapter 40.14
Chapter 40.14 RCW
PRESERVATION AND DESTRUCTION OF
PUBLIC RECORDS
Sections
40.14.022
40.14.024
40.14.025
40.14.027
40.14.030
40.14.070
Division of archives and records management—Imaging
account.
Division of archives and records management—Local government archives account.
Division of archives and records management—Allocation of
costs of services—Archives and records management
account.
Public archives and records management services—Judgment
debtor surcharge.
Transfer to state archives—Certified copies, cost—Public disclosure.
Destruction, disposition, donation of local government
records—Preservation for historical interest—Local records
committee, duties—Record retention schedules.
40.14.022
40.14.022 Division of archives and records management—Imaging account. The imaging account is created in
the custody of the state treasurer. All receipts collected under
RCW 40.14.020(8) for contract imaging, micrographics,
reproduction, and duplication services provided by the division of archives and records management must be deposited
into the account, and expenditures from the account may be
used only for these purposes. Only the secretary of state or
the secretary's designee may authorize expenditures from the
account. The account is subject to allotment procedures
under chapter 43.88 RCW, but an appropriation is not
required for expenditures. [2003 c 163 § 2.]
40.14.024
40.14.024 Division of archives and records management—Local government archives account. The local
government archives account is created in the state treasury.
All receipts collected by the county auditors under RCW
40.14.027 and 36.22.175 for local government services, such
as providing records scheduling, security microfilm inspection and storage, archival preservation, cataloging, and
indexing for local government records and digital data and
access to those records and data through the regional branch
archives of the division of archives and records management,
must be deposited into the account, and expenditures from
the account may be used only for these purposes. [2003 c 163
§ 3.]
40.14.025 Division of archives and records management—Allocation of costs of services—Archives and
records management account. (1) The secretary of state
and the director of financial management shall jointly establish a procedure and formula for allocating the costs of services provided by the division of archives and records management to state agencies. The total amount allotted for services to state agencies shall not exceed the appropriation to
the archives and records management account during any
allotment period.
(2) There is created the archives and records management account in the state treasury which shall consist of all
fees and charges collected under this section. The account
shall be appropriated exclusively for the payment of costs
and expenses incurred in the operation of the division of
archives and records management as specified by law. [2003
c 163 § 1; 1996 c 245 § 3; 1991 sp.s. c 13 § 5; 1985 c 57 § 22;
1981 c 115 § 4.]
Effective date—1996 c 245: "This act takes effect on July 1, 1996."
[1996 c 245 § 5.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Effective date—1981 c 115: See note following RCW 40.14.020.
40.14.027
40.14.027 Public archives and records management
services—Judgment debtor surcharge. State agencies
shall collect a surcharge of twenty dollars from the judgment
debtor upon the satisfaction of a warrant filed in superior
court for unpaid taxes or liabilities. The surcharge is imposed
on the judgment debtor in the form of a penalty in addition to
the filing fee provided in RCW 36.18.012(10). The surcharge revenue shall be transmitted to the state treasurer for
deposit in the archives and records management account.
Surcharge revenue deposited in the local government
archives account under RCW 40.14.024 shall be expended by
the secretary of state exclusively for disaster recovery, essential records protection services, and records management
training for local government agencies by the division of
archives and records management. The secretary of state
shall, with local government representatives, establish a committee to advise the state archivist on the local government
archives and records management program. [2003 c 163 § 4;
2001 c 146 § 4; 1996 c 245 § 4; 1995 c 292 § 17; 1994 c 193
§ 2.]
Effective date—1996 c 245: See note following RCW 40.14.025.
Findings—1994 c 193: "The legislature finds that: (1) Accountability
for and the efficient management of local government records are in the public interest and that compliance with public records management requirements significantly affects the cost of local government administration; (2)
the secretary of state is responsible for insuring the preservation of local government archives and may assist local government compliance with public
records statutes; (3) as provided in RCW 40.14.025, all archives and records
management services provided by the secretary of state are funded exclusively by a schedule of fees and charges established jointly by the secretary
of state and the director of financial management; (4) the secretary of state's
costs for preserving and providing public access to local government
archives and providing records management assistance to local government
agencies have been funded by fees paid by state government agencies; (5)
local government agencies are responsible for costs associated with managing, protecting, and providing public access to the records in their custody;
(6) local government should help fund the secretary of state's local government archives and records management services; (7) the five-dollar fee collected by county clerks for processing warrants for unpaid taxes or liabilities
[2003 RCW Supp—page 467]
40.14.030
Title 40 RCW: Public Documents, Records, and Publications
filed by the state of Washington is not sufficient to cover processing costs
and is far below filing fees commonly charged for similar types of minor
civil actions; (8) a surcharge of twenty dollars would bring the filing fee for
warrants for the collection of unpaid taxes and liabilities up to a level comparable to other minor civil filings and should be applied to the support of the
secretary of state's local government archives and records services without
placing an undue burden on local government; and (9) the process of collecting and transmitting surcharge revenue should not have an undue impact on
the operations of the state agencies that file warrants for the collection of
unpaid taxes and liabilities or the clerks of superior court who process them."
[1994 c 193 § 1.]
Effective date—1994 c 193: "This act shall take effect July 1, 1994."
[1994 c 193 § 3.]
40.14.030
40.14.030 Transfer to state archives—Certified copies, cost—Public disclosure. (1) All public records, not
required in the current operation of the office where they are
made or kept, and all records of every agency, commission,
committee, or any other activity of state government which
may be abolished or discontinued, shall be transferred to the
state archives so that the valuable historical records of the
state may be centralized, made more widely available, and
insured permanent preservation: PROVIDED, That this section shall have no application to public records approved for
destruction under the subsequent provisions of this chapter.
When so transferred, copies of the public records concerned shall be made and certified by the archivist, which
certification shall have the same force and effect as though
made by the officer originally in charge of them. Fees may
be charged to cover the cost of reproduction. In turning over
the archives of his office, the officer in charge thereof, or his
successor, thereby loses none of his rights of access to them,
without charge, whenever necessary.
(2) Records that are confidential, privileged, or exempt
from public disclosure under state or federal law while in the
possession of the originating agency, commission, board,
committee, or other entity of state or local government retain
their confidential, privileged, or exempt status after transfer
to the state archives unless the archivist, with the concurrence
of the originating jurisdiction, determines that the records
must be made accessible to the public according to proper
and reasonable rules adopted by the secretary of state, in
which case the records may be open to inspection and available for copying after the expiration of seventy-five years
from creation of the record. If the originating jurisdiction is
no longer in existence, the archivist shall make the determination of availability according to such rules. If, while in the
possession of the originating agency, commission, board,
committee, or other entity, any record is determined to be
confidential, privileged, or exempt from public disclosure
under state or federal law for a period of less than seventyfive years, then the record, with the concurrence of the originating jurisdiction, must be made accessible to the public
upon the expiration of the shorter period of time according to
proper and reasonable rules adopted by the secretary of state.
[2003 c 305 § 1; 1957 c 246 § 3.]
Columbia River boundary compact, transfer of records to division of
archives: RCW 43.58.070.
40.14.070
40.14.070 Destruction, disposition, donation of local
government records—Preservation for historical interest—Local records committee, duties—Record retention
schedules. (1)(a) County, municipal, and other local govern[2003 RCW Supp—page 468]
ment agencies may request authority to destroy noncurrent
public records having no further administrative or legal value
by submitting to the division of archives and records management lists of such records on forms prepared by the division.
The archivist, a representative appointed by the state auditor,
and a representative appointed by the attorney general shall
constitute a committee, known as the local records committee, which shall review such lists and which may veto the
destruction of any or all items contained therein.
(b) A local government agency, as an alternative to submitting lists, may elect to establish a records control program
based on recurring disposition schedules recommended by
the agency to the local records committee. The schedules are
to be submitted on forms provided by the division of archives
and records management to the local records committee,
which may either veto, approve, or amend the schedule.
Approval of such schedule or amended schedule shall be by
unanimous vote of the local records committee. Upon such
approval, the schedule shall constitute authority for the local
government agency to destroy the records listed thereon, after
the required retention period, on a recurring basis until the
schedule is either amended or revised by the committee.
(2)(a) Except as otherwise provided by law, no public
records shall be destroyed until approved for destruction by
the local records committee. Official public records shall not
be destroyed unless:
(i) The records are six or more years old;
(ii) The department of origin of the records has made a
satisfactory showing to the state records committee that the
retention of the records for a minimum of six years is both
unnecessary and uneconomical, particularly where lesser federal retention periods for records generated by the state under
federal programs have been established; or
(iii) The originals of official public records less than six
years old have been copied or reproduced by any photographic, photostatic, microfilm, miniature photographic, or
other process approved by the state archivist which accurately reproduces or forms a durable medium for so reproducing the original.
An automatic reduction of retention periods from seven
to six years for official public records on record retention
schedules existing on June 10, 1982, shall not be made, but
the same shall be reviewed individually by the local records
committee for approval or disapproval of the change to a
retention period of six years.
The state archivist may furnish appropriate information,
suggestions, and guidelines to local government agencies for
their assistance in the preparation of lists and schedules or
any other matter relating to the retention, preservation, or
destruction of records under this chapter. The local records
committee may adopt appropriate regulations establishing
procedures to be followed in such matters.
Records of county, municipal, or other local government
agencies, designated by the archivist as of primarily historical
interest, may be transferred to a recognized depository
agency.
(b) Records of investigative reports prepared by any
state, county, municipal, or other law enforcement agency
pertaining to sex offenders contained in chapter 9A.44 RCW
or sexually violent offenses as defined in RCW 71.09.020
that are not required in the current operation of the law
Penal Provisions
enforcement agency or for pending judicial proceedings
shall, following the expiration of the applicable schedule of
the law enforcement agency's retention of the records, be
transferred to the Washington association of sheriffs and
police chiefs for permanent electronic retention and retrieval.
Upon electronic retention of any document, the association
shall be permitted to destroy the paper copy of the document.
(c) Any record transferred to the Washington association
of sheriffs and police chiefs pursuant to (b) of this subsection
shall be deemed to no longer constitute a public record pursuant to RCW 42.17.020 and shall be exempt from public disclosure. Such records shall be disseminated only to criminal
justice agencies as defined in RCW 10.97.030 for the purpose
of determining if a sex offender met the criteria of a sexually
violent predator as defined in chapter 71.09 RCW.
(3) Except as otherwise provided by law, county, municipal, and other local government agencies may, as an alternative to destroying noncurrent public records having no further
administrative or legal value, donate the public records to the
state library, local library, historical society, genealogical
society, or similar society or organization.
Public records may not be donated under this subsection
unless:
(a) The records are seventy years old or more;
(b) The local records committee has approved the
destruction of the public records; and
(c) The state archivist has determined that the public
records have no historic interest. [2003 c 240 § 1; 1999 c 326
§ 2; 1995 c 301 § 71; 1982 c 36 § 6; 1973 c 54 § 5; 1971 ex.s.
c 10 § 1; 1957 c 246 § 7.]
Copying, preserving, and indexing of documents recorded by county auditor: RCW 36.22.160 through 36.22.190.
Destruction and reproduction of court records: RCW 36.23.065 through
36.23.070.
Chapter 40.16
Chapter 40.16 RCW
PENAL PROVISIONS
ulently appropriate to the officer's own use or to the use of
another person, or secrete with intent to appropriate to such
use, any money, evidence of debt or other property intrusted
to the officer by virtue of the officer's office, is guilty of a
class B felony and shall be punished by imprisonment in a
state correctional facility for not more than ten years, or by a
fine of not more than five thousand dollars, or by both. [2003
c 53 § 215; 1992 c 7 § 35; 1909 c 249 § 96; RRS § 2348.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
40.16.030
40.16.030 Offering false instrument for filing or
record. (Effective July 1, 2004.) Every person who shall
knowingly procure or offer any false or forged instrument to
be filed, registered, or recorded in any public office, which
instrument, if genuine, might be filed, registered or recorded
in such office under any law of this state or of the United
States, is guilty of a class C felony and shall be punished by
imprisonment in a state correctional facility for not more than
five years, or by a fine of not more than five thousand dollars,
or by both. [2003 c 53 § 216; 1992 c 7 § 36; 1909 c 249 § 97;
RRS § 2349.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Title 41
40.16.030
Injury to public record. (Effective July 1, 2004.)
Injury to and misappropriation of record. (Effective July 1,
2004.)
Offering false instrument for filing or record. (Effective July 1,
2004.)
Chapters
41.04
41.05
41.06
41.16
41.24
41.26
41.31A
41.32
41.34
41.35
41.40
40.16.010
40.16.010 Injury to public record. (Effective July 1,
2004.) Every person who shall willfully and unlawfully
remove, alter, mutilate, destroy, conceal, or obliterate a
record, map, book, paper, document, or other thing filed or
deposited in a public office, or with any public officer, by
authority of law, is guilty of a class C felony and shall be punished by imprisonment in a state correctional facility for not
more than five years, or by a fine of not more than one thousand dollars, or by both. [2003 c 53 § 214; 1992 c 7 § 34;
1909 c 249 § 95; RRS § 2347.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
40.16.020
40.16.020 Injury to and misappropriation of record.
(Effective July 1, 2004.) Every officer who shall mutilate,
destroy, conceal, erase, obliterate, or falsify any record or
paper appertaining to the officer's office, or who shall fraud-
Title 41
PUBLIC EMPLOYMENT, CIVIL SERVICE,
AND PENSIONS
Sections
40.16.010
40.16.020
Chapter 41.04
41.45
41.50
41.54
41.56
Chapter 41.04
General provisions.
State health care authority.
State civil service law.
Firemen's relief and pensions—1947 act.
Volunteer fire fighters' and reserve officers'
relief and pensions.
Law enforcement officers' and fire fighters'
retirement system.
Extraordinary investment gains—Plan 3.
Teachers' retirement.
Plan 3 retirement system contributions.
Washington school employees' retirement system.
Washington public employees' retirement system.
Actuarial funding of state retirement systems.
Department of retirement systems.
Portability of public retirement benefits.
Public employees' collective bargaining.
Chapter 41.04 RCW
GENERAL PROVISIONS
Sections
41.04.010
41.04.017
41.04.033
41.04.0331
41.04.0332
41.04.276
41.04.278
Veterans' scoring criteria status in examinations.
Death benefit—Course of employment.
Operation of the Washington state combined fund drive—
Committee—Rules.
State combined fund drive—Powers and duties.
State combined fund drive committee—Contracts and partnerships.
Select committee on pension policy—Creation—Membership—Terms of office—Staff support.
Select committee on pension policy—Subcommittees.
[2003 RCW Supp—page 469]
41.04.010
41.04.281
41.04.393
41.04.450
41.04.655
41.04.660
41.04.665
Title 41 RCW: Public Employment, Civil Service, and Pensions
Select committee on pension policy—Powers and duties.
Public safety officers—Retirement benefits—Death in the line
of duty.
Members' retirement contributions—Pick up by employer—
Optional implementation and withdrawal.
Leave sharing program—Definitions.
Leave sharing program—Created.
Leave sharing program—When employee may receive
leave—When employee may transfer accrued leave—Transfer of leave between employees of different agencies.
department of personnel is authorized to adopt rules, after
consultation with state agencies, institutions of higher education, and employee organizations, to create a Washington
state combined fund drive committee, and for the operation
of the Washington state combined fund drive. [2003 c 205 §
1; 2002 c 61 § 4.]
41.04.0331
41.04.010
41.04.010 Veterans' scoring criteria status in examinations. In all competitive examinations, unless otherwise
provided in this section, to determine the qualifications of
applicants for public offices, positions or employment, the
state, and all of its political subdivisions and all municipal
corporations, shall give a scoring criteria status to all veterans
as defined in RCW 41.04.007, by adding to the passing mark,
grade or rating only, based upon a possible rating of one hundred points as perfect a percentage in accordance with the following:
(1) Ten percent to a veteran who served during a period
of war or in an armed conflict as defined in RCW 41.04.005
and does not receive military retirement. The percentage
shall be added to the passing mark, grade, or rating of competitive examinations until the veteran's first appointment.
The percentage shall not be utilized in promotional examinations;
(2) Five percent to a veteran who did not serve during a
period of war or in an armed conflict as defined in RCW
41.04.005 or is receiving military retirement. The percentage
shall be added to the passing mark, grade, or rating of competitive examinations until the veteran's first appointment.
The percentage shall not be utilized in promotional examinations;
(3) Five percent to a veteran who was called to active
military service for one or more years from employment with
the state or any of its political subdivisions or municipal corporations. The percentage shall be added to the first promotional examination only;
(4) All veterans' scoring criteria may be claimed upon
release from active military service. [2003 c 45 § 1; 2002 c
292 § 4; 2000 c 140 § 1; 1974 ex.s. c 170 § 1; 1969 ex.s. c 269
§ 2; 1953 ex.s. c 9 § 1; 1949 c 134 § 1; 1947 c 119 § 1; 1945
c 189 § 1; Rem. Supp. 1949 § 9963-5.]
41.04.0331 State combined fund drive—Powers and
duties. The Washington state combined fund drive's powers
and duties include but are not limited to the following:
(1) Raising money for charity, and reducing the disruption to government caused by multiple fund drives;
(2) Establishing criteria by which a public or private
nonprofit organization may participate in the combined fund
drive;
(3) Engaging in or encouraging fund-raising activities
including the solicitation and acceptance of charitable gifts,
grants, and donations from state employees, retired public
employees, corporations, foundations, and other individuals
for the benefit of the beneficiaries of the Washington state
combined fund drive;
(4) Requesting the appointment of employees from state
agencies and institutions of higher education to lead and
manage workplace charitable giving campaigns within state
government;
(5) Engaging in educational activities, including classes,
exhibits, seminars, workshops, and conferences, related to
the basic purpose of the combined fund drive;
(6) Engaging in appropriate fund-raising and advertising
activities for the support of the administrative duties of the
Washington state combined fund drive; and
(7) Charging an administrative fee to the beneficiaries of
the Washington state combined fund drive to fund the administrative duties of the Washington state combined fund drive.
Activities of the Washington state combined fund drive
shall not result in direct commercial solicitation of state
employees, or a benefit or advantage that would violate one
or more provisions of chapter 42.52 RCW. This section does
not authorize individual state agencies to enter into contracts
or partnerships unless otherwise authorized by law. [2003 c
205 § 2.]
Veterans and veterans' affairs: Title 73 RCW.
41.04.0332
41.04.017
41.04.017 Death benefit—Course of employment. A
one hundred fifty thousand dollar death benefit shall be paid
as a sundry claim to the estate of an employee of any state
agency, the common school system of the state, or institution
of higher education who dies as a result of injuries sustained
in the course of employment and is not otherwise provided a
death benefit through coverage under their enrolled retirement system under chapter 402, Laws of 2003. The determination of eligibility for the benefit shall be made consistent
with Title 51 RCW by the department of labor and industries.
The department of labor and industries shall notify the director of the department of general administration by order
under RCW 51.52.050. [2003 c 402 § 4.]
41.04.033
41.04.033 Operation of the Washington state combined fund drive—Committee—Rules. The director of the
[2003 RCW Supp—page 470]
41.04.0332 State combined fund drive committee—
Contracts and partnerships. The Washington state combined fund drive committee may enter into contracts and
partnerships with private institutions, persons, firms, or corporations for the benefit of the beneficiaries of the Washington state combined fund drive. Activities of the Washington
state combined fund drive shall not result in direct commercial solicitation of state employees, or a benefit or advantage
that would violate one or more provisions of chapter 42.52
RCW. This section does not authorize individual state agencies to enter into contracts or partnerships unless otherwise
authorized by law. [2003 c 205 § 3.]
41.04.276
41.04.276 Select committee on pension policy—Creation—Membership—Terms of office—Staff support.
(1) The select committee on pension policy is created. The
select committee consists of:
General Provisions
(a) Four members of the senate appointed by the president of the senate, two of whom are members of the majority
party and two of whom are members of the minority party.
At least three of the appointees shall be members of the senate ways and means committee;
(b) Four members of the house of representatives
appointed by the speaker, two of whom are members of the
majority party and two of whom are members of the minority
party. At least three of the appointees shall be members of
the house of representatives appropriations committee;
(c) Four active members or representatives from organizations of active members of the state retirement systems
appointed by the governor for staggered three-year terms,
with no more than two appointees representing any one
employee retirement system;
(d) Two retired members or representatives of retired
members' organizations of the state retirement systems
appointed by the governor for staggered three-year terms,
with no two members from the same system;
(e) Four employer representatives of members of the
state retirement systems appointed by the governor for staggered three-year terms; and
(f) The directors of the department of retirement systems
and office of financial management.
(2)(a) The term of office of each member of the house of
representatives or senate serving on the committee runs from
the close of the session in which he or she is appointed until
the close of the next regular session held in an odd-numbered
year. If a successor is not appointed during a session, the
member's term continues until the member is reappointed or
a successor is appointed. The term of office for a committee
member who is a member of the house of representatives or
the senate who does not continue as a member of the senate
or house of representatives ceases upon the convening of the
next session of the legislature during the odd-numbered year
following the member's appointment, or upon the member's
resignation, whichever is earlier. All vacancies of positions
held by members of the legislature must be filled from the
same political party and from the same house as the member
whose seat was vacated.
(b) Following the terms of members and representatives
appointed under subsection (1)(d) of this section, the retiree
positions shall be rotated to ensure that each system has an
opportunity to have a retiree representative on the committee.
(3) The committee shall elect a chairperson and a vicechairperson. The chairperson shall be a member of the senate
in even-numbered years and a member of the house of representatives in odd-numbered years and the vice-chairperson
shall be a member of the house of representatives in evennumbered years and a member of the senate in odd-numbered
years.
(4) The committee shall establish an executive committee of five members, including the chairperson, the vicechairperson, one member from subsection (1)(c) of this section, one member from subsection (1)(e) of this section, and
one member from subsection (1)(f) of this section, with the
directors of the department of retirement systems and the
office of financial management serving in alternate years.
(5) Nonlegislative members of the select committee
serve without compensation, but shall be reimbursed for
travel expenses under RCW 43.03.050 and 43.03.060.
41.04.393
(6) The office of state actuary under chapter 44.44 RCW
shall provide staff and technical support to the committee.
[2003 c 295 § 1.]
41.04.278
41.04.278 Select committee on pension policy—Subcommittees. (1) The select committee on pension policy
may form three function-specific subcommittees, as set forth
under subsection (2) of this section, from the members under
RCW 41.04.276(1) (a) through (e), as follows:
(a) A public safety subcommittee with one member from
each group under RCW 41.04.276(1) (a) through (e);
(b) An education subcommittee with one member from
each group under RCW 41.04.276(1) (a) through (e); and
(c) A state and local government subcommittee, with one
retiree member under RCW 41.04.276(1)(d) and two members from each group under RCW 41.04.276(1) (a) through
(c) and (e).
The retiree members may serve on more than one subcommittee to ensure representation on each subcommittee.
(2)(a) The public safety subcommittee shall focus on
pension issues affecting public safety employees who are
members of the law enforcement officers' and fire fighters'
and Washington state patrol retirement systems.
(b) The education subcommittee shall focus on pension
issues affecting educational employees who are members of
the public employees', teachers', and school employees'
retirement systems.
(c) The state and local government subcommittee shall
focus on pension issues affecting state and local government
employees who are members of the public employees' retirement system. [2003 c 295 § 2.]
41.04.281
41.04.281 Select committee on pension policy—Powers and duties. The select committee on pension policy has
the following powers and duties:
(1) Study pension issues, develop pension policies for
public employees in state retirement systems, and make recommendations to the legislature;
(2) Study the financial condition of the state pension systems, develop funding policies, and make recommendations
to the legislature;
(3) Consult with the chair and vice-chair on appointing
members to the state actuary appointment committee upon
the convening of the state actuary appointment committee
established under RCW 44.44.013; and
(4) Receive the results of the actuarial audits of the actuarial valuations and experience studies administered by the
pension funding council pursuant to RCW 41.45.110. The
select committee on pension policy shall study and make recommendations on changes to assumptions or contribution
rates to the pension funding council prior to adoption of
changes under RCW 41.45.030, 41.45.035, or 41.45.060.
[2003 c 295 § 5.]
41.04.393
41.04.393 Public safety officers—Retirement benefits—Death in the line of duty. Retirement benefits paid
under chapter 41.26, 41.40, or 43.43 RCW to beneficiaries of
public safety officers who die in the line of duty shall be paid
in accordance with Title 26 U.S.C. Sec. 101(h) as amended
[2003 RCW Supp—page 471]
41.04.450
Title 41 RCW: Public Employment, Civil Service, and Pensions
by the Fallen Hero Survivor Benefit Fairness Act of 2001.
[2003 c 32 § 1.]
41.04.450
41.04.450 Members' retirement contributions—Pick
up by employer—Optional implementation and withdrawal. (1) Employers of those members under chapters
41.26, 41.34, 41.35, and 41.40 RCW who are not specified in
RCW 41.04.445 may choose to implement the employer pick
up of all member contributions without exception under
RCW 41.26.080(1)(a), 41.26.450, 41.40.330(1), 41.45.060,
41.45.061, and 41.45.067 and chapter 41.34 RCW. If the
employer does so choose, the employer and members shall be
subject to the conditions and limitations of RCW 41.04.445
(3), (4), and (5) and RCW 41.04.455.
(2) An employer exercising the option under this section
may later choose to withdraw from and/or reestablish the
employer pick up of member contributions only once in a calendar year following forty-five days prior notice to the director of the department of retirement systems. [2003 c 294 § 1;
2000 c 247 § 1103; 1995 c 239 § 324; 1985 c 13 § 3; 1984 c
227 § 3.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Purpose—Application—Retrospective application—1985 c 13: See
notes following RCW 41.04.445.
Effective date—Conflict with federal requirements—Severability—
1984 c 227: See notes following RCW 41.04.440.
Benefits not contractual right until date specified: RCW 41.34.100.
41.04.655
41.04.655 Leave sharing program—Definitions.
Unless the context clearly requires otherwise, the definitions
in this section apply throughout RCW 41.04.650 through
41.04.670, 28A.400.380, and section 7, chapter 93, Laws of
1989.
(1) "Employee" means any employee of the state, including employees of school districts and educational service districts, who are entitled to accrue sick leave or annual leave
and for whom accurate leave records are maintained.
(2) "Program" means the leave sharing program established in RCW 41.04.660.
(3) "Service in the uniformed services" means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active
duty, active duty for training, initial active duty for training,
inactive duty training, full-time national guard duty including
state-ordered active duty, and a period for which a person is
absent from a position of employment for the purpose of an
examination to determine the fitness of the person to perform
any such duty.
(4) "State agency" or "agency" means departments,
offices, agencies, or institutions of state government, the legislature, institutions of higher education, school districts, and
educational service districts.
(5) "Uniformed services" means the armed forces, the
army national guard, and the air national guard of any state,
territory, commonwealth, possession, or district when
engaged in active duty for training, inactive duty training,
full-time national guard duty, or state active duty, the com[2003 RCW Supp—page 472]
missioned corps of the public health service, the coast guard,
and any other category of persons designated by the president
of the United States in time of war or national emergency.
[2003 1st sp.s. c 12 § 1; 1990 c 33 § 569; 1989 c 93 § 2.]
Effective date—2003 1st sp.s. c 12: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [June 20, 2003]." [2003 1st sp.s. c 12 § 4.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1989 c 93: See note following RCW 41.04.650.
41.04.660
41.04.660 Leave sharing program—Created. The
Washington state leave sharing program is hereby created.
The purpose of the program is to permit state employees, at
no significantly increased cost to the state of providing
annual leave, sick leave, or personal holidays, to come to the
aid of a fellow state employee who is suffering from or has a
relative or household member suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition, or who has been called to service in the uniformed services, which has caused or is likely to cause the
employee to take leave without pay or terminate his or her
employment. [2003 1st sp.s. c 12 § 2; 1996 c 176 § 2; 1990 c
23 § 1; 1989 c 93 § 3.]
Effective date—2003 1st sp.s. c 12: See note following RCW
41.04.655.
Severability—1989 c 93: See note following RCW 41.04.650.
41.04.665
41.04.665 Leave sharing program—When employee
may receive leave—When employee may transfer
accrued leave—Transfer of leave between employees of
different agencies. (1) An agency head may permit an
employee to receive leave under this section if:
(a)(i) The employee suffers from, or has a relative or
household member suffering from, an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature; or
(ii) The employee has been called to service in the uniformed services;
(b) The illness, injury, impairment, condition, or call to
service has caused, or is likely to cause, the employee to:
(i) Go on leave without pay status; or
(ii) Terminate state employment;
(c) The employee's absence and the use of shared leave
are justified;
(d) The employee has depleted or will shortly deplete his
or her:
(i) Annual leave and sick leave reserves if he or she qualifies under (a)(i) of this subsection; or
(ii) Annual leave and paid military leave allowed under
RCW 38.40.060 if he or she qualifies under (a)(ii) of this subsection;
(e) The employee has abided by agency rules regarding:
(i) Sick leave use if he or she qualifies under (a)(i) of this
subsection; or
(ii) Military leave if he or she qualifies under (a)(ii) of
this subsection; and
(f) The employee has diligently pursued and been found
to be ineligible for benefits under chapter 51.32 RCW if he or
she qualifies under (a)(i) of this subsection.
State Health Care Authority
(2) The agency head shall determine the amount of leave,
if any, which an employee may receive under this section.
However, an employee shall not receive a total of more than
two hundred sixty-one days of leave.
(3) An employee may transfer annual leave, sick leave,
and his or her personal holiday, as follows:
(a) An employee who has an accrued annual leave balance of more than ten days may request that the head of the
agency for which the employee works transfer a specified
amount of annual leave to another employee authorized to
receive leave under subsection (1) of this section. In no event
may the employee request a transfer of an amount of leave
that would result in his or her annual leave account going
below ten days. For purposes of this subsection (3)(a),
annual leave does not accrue if the employee receives compensation in lieu of accumulating a balance of annual leave.
(b) An employee may transfer a specified amount of sick
leave to an employee requesting shared leave only when the
donating employee retains a minimum of one hundred seventy-six hours of sick leave after the transfer.
(c) An employee may transfer, under the provisions of
this section relating to the transfer of leave, all or part of his
or her personal holiday, as that term is defined under RCW
1.16.050, or as such holidays are provided to employees by
agreement with a school district's board of directors if the
leave transferred under this subsection does not exceed the
amount of time provided for personal holidays under RCW
1.16.050.
(4) An employee of an institution of higher education
under RCW 28B.10.016, school district, or educational service district who does not accrue annual leave but does
accrue sick leave and who has an accrued sick leave balance
of more than twenty-two days may request that the head of
the agency for which the employee works transfer a specified
amount of sick leave to another employee authorized to
receive leave under subsection (1) of this section. In no event
may such an employee request a transfer that would result in
his or her sick leave account going below twenty-two days.
Transfers of sick leave under this subsection are limited to
transfers from employees who do not accrue annual leave.
Under this subsection, "sick leave" also includes leave
accrued pursuant to RCW 28A.400.300(2) or
28A.310.240(1) with compensation for illness, injury, and
emergencies.
(5) Transfers of leave made by an agency head under
subsections (3) and (4) of this section shall not exceed the
requested amount.
(6) Leave transferred under this section may be transferred from employees of one agency to an employee of the
same agency or, with the approval of the heads of both agencies, to an employee of another state agency. However, leave
transferred to or from employees of school districts or educational service districts is limited to transfers to or from
employees within the same employing district.
(7) While an employee is on leave transferred under this
section, he or she shall continue to be classified as a state
employee and shall receive the same treatment in respect to
salary, wages, and employee benefits as the employee would
normally receive if using accrued annual leave or sick leave.
(a) All salary and wage payments made to employees
while on leave transferred under this section shall be made by
41.05.013
the agency employing the person receiving the leave. The
value of leave transferred shall be based upon the leave value
of the person receiving the leave.
(b) In the case of leave transferred by an employee of one
agency to an employee of another agency, the agencies
involved shall arrange for the transfer of funds and credit for
the appropriate value of leave.
(i) Pursuant to rules adopted by the office of financial
management, funds shall not be transferred under this section
if the transfer would violate any constitutional or statutory
restrictions on the funds being transferred.
(ii) The office of financial management may adjust the
appropriation authority of an agency receiving funds under
this section only if and to the extent that the agency's existing
appropriation authority would prevent it from expending the
funds received.
(iii) Where any questions arise in the transfer of funds or
the adjustment of appropriation authority, the director of
financial management shall determine the appropriate transfer or adjustment.
(8) Leave transferred under this section shall not be used
in any calculation to determine an agency's allocation of full
time equivalent staff positions.
(9) The value of any leave transferred under this section
which remains unused shall be returned at its original value to
the employee or employees who transferred the leave when
the agency head finds that the leave is no longer needed or
will not be needed at a future time in connection with the illness or injury for which the leave was transferred. To the
extent administratively feasible, the value of unused leave
which was transferred by more than one employee shall be
returned on a pro rata basis.
(10) An employee who uses leave that is transferred to
him or her under this section may not be required to repay the
value of the leave that he or she used. [2003 1st sp.s. c 12 §
3; 1999 c 25 § 1; 1996 c 176 § 1; 1990 c 23 § 2; 1989 c 93 §
4.]
Effective date—2003 1st sp.s. c 12: See note following RCW
41.04.655.
Severability—1989 c 93: See note following RCW 41.04.650.
Chapter 41.05
Chapter 41.05 RCW
STATE HEALTH CARE AUTHORITY
(Formerly: State employees' insurance and health care)
Sections
41.05.013
41.05.026
41.05.050
41.05.065
41.05.150
41.05.500
41.05.510
41.05.520
41.05.530
State purchased health care programs—Uniform policies.
Contracts—Proprietary data, trade secrets, actuarial formulas,
statistics, cost and utilization data—Exemption from public
inspection—Executive sessions.
Contributions for employees and dependents.
Public employees' benefits board—Duties.
Repealed.
Prescription drug price discounts—Eligibility—Penalty—
Enrollment fee.
Prescription drug purchasing account.
Pharmacy connection program—Notice.
Prescription drug assistance, education—Rules.
41.05.013
41.05.013 State purchased health care programs—
Uniform policies. (1) The authority shall coordinate state
agency efforts to develop and implement uniform policies
across state purchased health care programs that will ensure
prudent, cost-effective health services purchasing, maximize
[2003 RCW Supp—page 473]
41.05.026
Title 41 RCW: Public Employment, Civil Service, and Pensions
efficiencies in administration of state purchased health care
programs, improve the quality of care provided through state
purchased health care programs, and reduce administrative
burdens on health care providers participating in state purchased health care programs. The policies adopted should be
based, to the extent possible, upon the best available scientific and medical evidence and shall endeavor to address:
(a) Methods of formal assessment, such as health technology assessment. Consideration of the best available scientific evidence does not preclude consideration of experimental or investigational treatment or services under a clinical
investigation approved by an institutional review board;
(b) Monitoring of health outcomes, adverse events, quality, and cost-effectiveness of health services;
(c) Development of a common definition of medical
necessity; and
(d) Exploration of common strategies for disease management and demand management programs.
(2) The administrator may invite health care provider
organizations, carriers, other health care purchasers, and consumers to participate in efforts undertaken under this section.
(3) For the purposes of this section "best available scientific and medical evidence" means the best available external
clinical evidence derived from systematic research. [2003 c
276 § 1.]
41.05.026
41.05.026 Contracts—Proprietary data, trade
secrets, actuarial formulas, statistics, cost and utilization
data—Exemption from public inspection—Executive sessions. (1) When soliciting proposals for the purpose of
awarding contracts for goods or services, the administrator
shall, upon written request by the bidder, exempt from public
inspection and copying such proprietary data, trade secrets,
or other information contained in the bidder's proposal that
relate to the bidder's unique methods of conducting business
or of determining prices or premium rates to be charged for
services under terms of the proposal.
(2) When soliciting information for the development,
acquisition, or implementation of state purchased health care
services, the administrator shall, upon written request by the
respondent, exempt from public inspection and copying such
proprietary data, trade secrets, or other information submitted
by the respondent that relate to the respondent's unique methods of conducting business, data unique to the product or services of the respondent, or to determining prices or rates to be
charged for services.
(3) Actuarial formulas, statistics, cost and utilization
data, or other proprietary information submitted upon request
of the administrator, board, or a technical review committee
created to facilitate the development, acquisition, or implementation of state purchased health care under this chapter by
a contracting insurer, health care service contractor, health
maintenance organization, vendor, or other health services
organization may be withheld at any time from public inspection when necessary to preserve trade secrets or prevent
unfair competition.
(4) The board, or a technical review committee created to
facilitate the development, acquisition, or implementation of
state purchased health care under this chapter, may hold an
executive session in accordance with chapter 42.30 RCW
during any regular or special meeting to discuss information
[2003 RCW Supp—page 474]
submitted in accordance with subsections (1) through (3) of
this section.
(5) A person who challenges a request for or designation
of information as exempt under this section is entitled to seek
judicial review pursuant to chapter 42.17 RCW. [2003 c 277
§ 2; 1991 c 79 § 1; 1990 c 222 § 6.]
41.05.050
41.05.050 Contributions for employees and dependents. (1) Every department, division, or separate agency of
state government, and such county, municipal, school district, educational service district, or other political subdivisions as are covered by this chapter, shall provide contributions to insurance and health care plans for its employees and
their dependents, the content of such plans to be determined
by the authority. Contributions, paid by the county, the
municipality, or other political subdivision for their employees, shall include an amount determined by the authority to
pay such administrative expenses of the authority as are necessary to administer the plans for employees of those groups,
except as provided in subsection (4) of this section.
(2) If the authority at any time determines that the participation of a county, municipal, or other political subdivision
covered under this chapter adversely impacts insurance rates
for state employees, the authority shall implement limitations
on the participation of additional county, municipal, or other
political subdivisions.
(3) The contributions of any department, division, or
separate agency of the state government, and such county,
municipal, or other political subdivisions as are covered by
this chapter, shall be set by the authority, subject to the
approval of the governor for availability of funds as specifically appropriated by the legislature for that purpose. Insurance and health care contributions for ferry employees shall
be governed by RCW 47.64.270.
(4)(a) Beginning September 1, 2003, the authority shall
collect from each participating school district and educational
service district an amount equal to the composite rate charged
to state agencies, plus an amount equal to the employee premiums by plan and family size as would be charged to state
employees, for groups of district employees enrolled in
authority plans as of January 1, 2003.
(b) For all groups of district employees enrolling in
authority plans for the first time after September 1, 2003, the
authority shall collect from each participating school district
an amount equal to the composite rate charged to state agencies, plus an amount equal to the employee premiums by plan
and by family size as would be charged to state employees,
only if the authority determines that this method of billing the
districts will not result in a material difference between revenues from districts and expenditures made by the authority on
behalf of districts and their employees.
(c) If the authority determines at any time that the conditions in (b) of this subsection cannot be met, the authority
shall offer enrollment to additional groups of district employees on a tiered rate structure until such time as the authority
determines there would be no material difference between
revenues and expenditures under a composite rate structure
for all district employees enrolled in authority plans.
(d) The authority may charge districts a one-time set-up
fee for employee groups enrolling in authority plans for the
first time.
State Health Care Authority
41.05.065
41.05.065
(e) For the purposes of this subsection:
(i) "District" means school district and educational service district; and
(ii) "Tiered rates" means the amounts the authority must
pay to insuring entities by plan and by family size.
(f) Notwithstanding this subsection and RCW
41.05.065(3), the authority may allow districts enrolled on a
tiered rate structure prior to September 1, 2002, to continue
participation based on the same rate structure and under the
same conditions and eligibility criteria.
(5) The authority shall transmit a recommendation for
the amount of the employer contribution to the governor and
the director of financial management for inclusion in the proposed budgets submitted to the legislature. [2003 c 158 § 1.
Prior: 2002 c 319 § 4; 2002 c 142 § 2; prior: 1995 1st sp.s. c
6 § 22; 1994 c 309 § 2; 1994 c 153 § 4; prior: 1993 c 492 §
216; 1993 c 386 § 7; 1988 c 107 § 18; 1987 c 122 § 4; 1984 c
107 § 1; 1983 c 15 § 20; 1983 c 2 § 9; prior: 1982 1st ex.s. c
34 § 2; 1981 c 344 § 6; 1979 c 151 § 55; 1977 ex.s. c 136 § 4;
1975-'76 2nd ex.s. c 106 § 4; 1975 1st ex.s. c 38 § 2; 1973 1st
ex.s. c 147 § 3; 1970 ex.s. c 39 § 5.]
Intent—Effective date—Implementation—2002 c 319: See notes
following RCW 41.04.208.
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Effective date—1993 c 386 §§ 3, 7, and 11: See note following RCW
41.04.205.
Intent—1993 c 386: See note following RCW 28A.400.391.
Severability—1983 c 15: See RCW 47.64.910.
Severability—1983 c 2: See note following RCW 18.71.030.
Severability—1981 c 344: See note following RCW 47.60.326.
Effective date—Conditions prerequisite to implementing sections—
1977 ex.s. c 136: "This 1977 amendatory act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect on July
1, 1977: PROVIDED, That if the state operating budget appropriations act
does not contain the funds necessary for the implementation of this 1977
amendatory act in an appropriated amount sufficient to fully fund the
employer's contribution to the state employee insurance benefits program
which is established by the board in accordance with RCW 41.05.050 (2) and
(3) as now or hereafter amended, sections 1, 5, and 6 of this 1977 amendatory
act shall be null and void." [1977 ex.s. c 136 § 8.]
Effective date—Effect of veto—1973 1st ex.s. c 147: "This bill shall
not take effect until the funds necessary for its implementation have been
specifically appropriated by the legislature and such appropriation itself has
become law. It is the intention of the legislature that if the governor shall
veto this section or any item thereof, none of the provisions of this bill shall
take effect." [1973 1st ex.s. c 147 § 10.]
Savings—1973 1st ex.s. c 147: "Nothing contained in this 1973 amendatory act shall be deemed to amend, alter or affect the provisions of Chapter
23, Laws of 1972, Extraordinary Session, and RCW 28B.10.840 through
28B.10.844 as now or hereafter amended." [1973 1st ex.s. c 147 § 13.]
Severability—1973 1st ex.s. c 147: "If any provision of this 1973
amendatory act, or its application to any person or circumstances is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1973 1st ex.s. c 147 § 9.]
Severability—1970 ex.s. c 39: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1970 ex.s. c 39 § 14.]
41.05.065 Public employees' benefits board—Duties.
(1) The board shall study all matters connected with the provision of health care coverage, life insurance, liability insurance, accidental death and dismemberment insurance, and
disability income insurance or any of, or a combination of,
the enumerated types of insurance for employees and their
dependents on the best basis possible with relation both to the
welfare of the employees and to the state. However, liability
insurance shall not be made available to dependents.
(2) The board shall develop employee benefit plans that
include comprehensive health care benefits for all employees. In developing these plans, the board shall consider the
following elements:
(a) Methods of maximizing cost containment while
ensuring access to quality health care;
(b) Development of provider arrangements that encourage cost containment and ensure access to quality care,
including but not limited to prepaid delivery systems and prospective payment methods;
(c) Wellness incentives that focus on proven strategies,
such as smoking cessation, injury and accident prevention,
reduction of alcohol misuse, appropriate weight reduction,
exercise, automobile and motorcycle safety, blood cholesterol reduction, and nutrition education;
(d) Utilization review procedures including, but not limited to a cost-efficient method for prior authorization of services, hospital inpatient length of stay review, requirements
for use of outpatient surgeries and second opinions for surgeries, review of invoices or claims submitted by service providers, and performance audit of providers;
(e) Effective coordination of benefits;
(f) Minimum standards for insuring entities; and
(g) Minimum scope and content of public employee benefit plans to be offered to enrollees participating in the
employee health benefit plans. To maintain the comprehensive nature of employee health care benefits, employee eligibility criteria related to the number of hours worked and the
benefits provided to employees shall be substantially equivalent to the state employees' health benefits plan and eligibility
criteria in effect on January 1, 1993. Nothing in this subsection (2)(g) shall prohibit changes or increases in employee
point-of-service payments or employee premium payments
for benefits.
(3) The board shall design benefits and determine the
terms and conditions of employee participation and coverage,
including establishment of eligibility criteria. The same
terms and conditions of participation and coverage, including
eligibility criteria, shall apply to state employees and to
school district employees and educational service district
employees.
(4) The board may authorize premium contributions for
an employee and the employee's dependents in a manner that
encourages the use of cost-efficient managed health care systems. The board shall require participating school district
and educational service district employees to pay at least the
same employee premiums by plan and family size as state
employees pay.
(5) Employees shall choose participation in one of the
health care benefit plans developed by the board and may be
permitted to waive coverage under terms and conditions
established by the board.
[2003 RCW Supp—page 475]
41.05.150
Title 41 RCW: Public Employment, Civil Service, and Pensions
(6) The board shall review plans proposed by insuring
entities that desire to offer property insurance and/or accident
and casualty insurance to state employees through payroll
deduction. The board may approve any such plan for payroll
deduction by insuring entities holding a valid certificate of
authority in the state of Washington and which the board
determines to be in the best interests of employees and the
state. The board shall promulgate rules setting forth criteria
by which it shall evaluate the plans.
(7) Before January 1, 1998, the public employees' benefits board shall make available one or more fully insured
long-term care insurance plans that comply with the requirements of chapter 48.84 RCW. Such programs shall be made
available to eligible employees, retired employees, and
retired school employees as well as eligible dependents
which, for the purpose of this section, includes the parents of
the employee or retiree and the parents of the spouse of the
employee or retiree. Employees of local governments and
employees of political subdivisions not otherwise enrolled in
the public employees' benefits board sponsored medical programs may enroll under terms and conditions established by
the administrator, if it does not jeopardize the financial viability of the public employees' benefits board's long-term care
offering.
(a) Participation of eligible employees or retired employees and retired school employees in any long-term care insurance plan made available by the public employees' benefits
board is voluntary and shall not be subject to binding arbitration under chapter 41.56 RCW. Participation is subject to
reasonable underwriting guidelines and eligibility rules
established by the public employees' benefits board and the
health care authority.
(b) The employee, retired employee, and retired school
employee are solely responsible for the payment of the premium rates developed by the health care authority. The
health care authority is authorized to charge a reasonable
administrative fee in addition to the premium charged by the
long-term care insurer, which shall include the health care
authority's cost of administration, marketing, and consumer
education materials prepared by the health care authority and
the office of the insurance commissioner.
(c) To the extent administratively possible, the state shall
establish an automatic payroll or pension deduction system
for the payment of the long-term care insurance premiums.
(d) The public employees' benefits board and the health
care authority shall establish a technical advisory committee
to provide advice in the development of the benefit design
and establishment of underwriting guidelines and eligibility
rules. The committee shall also advise the board and authority on effective and cost-effective ways to market and distribute the long-term care product. The technical advisory committee shall be comprised, at a minimum, of representatives
of the office of the insurance commissioner, providers of
long-term care services, licensed insurance agents with
expertise in long-term care insurance, employees, retired
employees, retired school employees, and other interested
parties determined to be appropriate by the board.
(e) The health care authority shall offer employees,
retired employees, and retired school employees the option of
purchasing long-term care insurance through licensed agents
or brokers appointed by the long-term care insurer. The
[2003 RCW Supp—page 476]
authority, in consultation with the public employees' benefits
board, shall establish marketing procedures and may consider
all premium components as a part of the contract negotiations
with the long-term care insurer.
(f) In developing the long-term care insurance benefit
designs, the public employees' benefits board shall include an
alternative plan of care benefit, including adult day services,
as approved by the office of the insurance commissioner.
(g) The health care authority, with the cooperation of the
office of the insurance commissioner, shall develop a consumer education program for the eligible employees, retired
employees, and retired school employees designed to provide
education on the potential need for long-term care, methods
of financing long-term care, and the availability of long-term
care insurance products including the products offered by the
board.
(h) By December 1998, the health care authority, in consultation with the public employees' benefits board, shall submit a report to the appropriate committees of the legislature,
including an analysis of the marketing and distribution of the
long-term care insurance provided under this section. [2003
c 158 § 2; 2002 c 142 § 3; 1996 c 140 § 1; 1995 1st sp.s. c 6
§ 5; 1994 c 153 § 5. Prior: 1993 c 492 § 218; 1993 c 386 §
9; 1988 c 107 § 8.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Intent—1993 c 386: See note following RCW 28A.400.391.
Effective date—1993 c 386 §§ 1, 2, 4-6, 8-10, and 12-16: See note following RCW 28A.400.391.
41.05.150
41.05.150 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
41.05.500
41.05.500 Prescription drug price discounts—Eligibility—Penalty—Enrollment fee. (1) In negotiating price
discounts with prescription drug manufacturers for state purchased health care programs, the health care authority shall
also negotiate such discounts for any Washington resident:
(a) Whose family income does not exceed three hundred
percent of the federal poverty level as adjusted for family size
and determined annually by the federal department of health
and human services;
(b) Whose existing prescription drug need is not covered
by insurance; and
(c) Who is: (i) At least fifty years old; or (ii) between the
ages of nineteen and forty-nine and is otherwise eligible for
benefits under Title II of the social security act, federal old
age, survivors, and disability insurance benefits.
(2)(a) An attestation, which shall be submitted to the
administrator, from an individual that the individual's family
income does not exceed three hundred percent of the federal
poverty level is sufficient to satisfy the eligibility requirement of subsection (1)(a) of this section.
(b) Any person willfully making a false statement in
order to qualify for discounts under this section is guilty of a
State Civil Service Law
misdemeanor. Notice of such shall be included on the program enrollment form.
(3) The administrator shall charge participants in this
program an annual enrollment fee sufficient to offset the cost
of program administration.
(4) Any rebate or discount provided by a pharmaceutical
manufacturer and made available to individuals under this
section shall not be at the expense of retail pharmacies. This
does not prohibit participating state agencies from using discounted pharmacy reimbursements for services or ingredients provided by the pharmacies. [2003 1st sp.s. c 29 § 3.]
Reviser's note—Sunset Act application: The prescription drug discount program is subject to review, termination, and possible extension
under chapter 43.131 RCW, the Sunset Act. See RCW 43.131.403. RCW
41.05.500 is scheduled for future repeal under RCW 43.131.404.
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
41.05.510
41.05.510 Prescription drug purchasing account.
The consolidated prescription drug purchasing account is created in the custody of the state treasurer. All fees collected
under RCW 41.05.500(3) shall be deposited into the account.
Expenditures from the account may be used only for the purposes of RCW 41.05.500. Only the administrator or the
administrator's designee may authorize expenditures from the
account. The account is subject to allotment procedures
under chapter 43.88 RCW, but an appropriation is not
required for expenditures. [2003 1st sp.s. c 29 § 4.]
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
41.06.380
(3) The administrator may apply for and accept grants or
gifts and may enter into interagency agreements or contracts
with other state agencies or private organizations to assist
with the implementation of this program including, but not
limited to, contracts, gifts, or grants from pharmaceutical
manufacturers to assist with the direct costs of the program.
(4) The administrator shall notify pharmaceutical companies doing business in Washington of the pharmacy connection program. Any pharmaceutical company that does
business in this state and that offers a pharmaceutical assistance program shall notify the administrator of the existence
of the program, the drugs covered by the program, and all
information necessary to apply for assistance under the program.
(5) For purposes of this section, "manufacturer-sponsored prescription drug assistance program" means a program offered by a pharmaceutical company through which
the company provides a drug or drugs to eligible persons at
no charge or at a reduced cost. The term does not include the
provision of a drug as part of a clinical trial. [2003 1st sp.s. c
29 § 7.]
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
41.05.530
41.05.530 Prescription drug assistance, education—
Rules. The authority may adopt rules to implement chapter
29, Laws of 2003 1st sp. sess. [2003 1st sp.s. c 29 § 10.]
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
41.05.520
41.05.520 Pharmacy connection program—Notice.
(1) The administrator shall establish and advertise a pharmacy connection program through which health care providers and members of the public can obtain information about
manufacturer-sponsored prescription drug assistance programs. The administrator shall ensure that the program has
staff available who can assist persons in procuring free or discounted medications from manufacturer-sponsored prescription drug assistance programs by:
(a) Determining whether an assistance program is
offered for the needed drug or drugs;
(b) Evaluating the likelihood of a person obtaining drugs
from an assistance program under the guidelines formulated;
(c) Assisting persons with the application and enrollment
in an assistance program;
(d) Coordinating and assisting physicians and others
authorized to prescribe medications with communications,
including applications, made on behalf of a person to a participating manufacturer to obtain approval of the person in an
assistance program; and
(e) Working with participating manufacturers to simplify
the system whereby eligible persons access drug assistance
programs, including development of a single application
form and uniform enrollment process.
(2) Notice regarding the pharmacy connection program
shall initially target senior citizens, but the program shall be
available to anyone, and shall include a toll-free telephone
number, available during regular business hours, that may be
used to obtain information.
Chapter 41.06
Chapter 41.06 RCW
STATE CIVIL SERVICE LAW
Sections
41.06.380
Purchasing services by contract not prohibited—Limitations.
(Effective until July 1, 2005.)
41.06.380
41.06.380 Purchasing services by contract not prohibited—Limitations. (Effective until July 1, 2005.) (1)
Nothing contained in this chapter shall prohibit any department, as defined in RCW 41.06.020, from purchasing services by contract with individuals or business entities if such
services were regularly purchased by valid contract by such
department prior to April 23, 1979: PROVIDED, That no
such contract may be executed or renewed if it would have
the effect of terminating classified employees or classified
employee positions existing at the time of the execution or
renewal of the contract.
(2) Nothing contained in this chapter prohibits the
department of transportation from purchasing construction
services or construction engineering services, as those terms
are defined in RCW 47.28.241, by contract from qualified
private businesses as specified in RCW 47.28.251(2). [2003
c 363 § 104; 1979 ex.s. c 46 § 2.]
Finding—Intent—2003 c 363 §§ 103 and 104: See note following
RCW 47.28.251.
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
[2003 RCW Supp—page 477]
Chapter 41.16
Title 41 RCW: Public Employment, Civil Service, and Pensions
Chapter 41.16 RCW
FIREMEN'S RELIEF AND PENSIONS—1947 ACT
Chapter 41.16
Sections
41.16.010
41.16.020
Terms defined.
Pension board created—Members—Terms—Vacancies—
Officers—Quorum.
41.16.010
41.16.010 Terms defined. For the purpose of this chapter, unless clearly indicated by the context, words and phrases
shall have the following meaning:
(1) "Beneficiary" shall mean any person or persons designated by a fireman in a writing filed with the board, and
who shall be entitled to receive any benefits of a deceased
fireman under this chapter.
(2) "Board" shall mean the municipal firemen's pension
board.
(3) "Child or children" shall mean a child or children
unmarried and under eighteen years of age.
(4) "Contributions" shall mean and include all sums
deducted from the salary of firemen and paid into the fund as
hereinafter provided.
(5) "Disability" shall mean and include injuries or sickness sustained as a result of the performance of duty.
(6) "Fireman" or "fire fighter" shall mean any person
regularly or temporarily, or as a substitute, employed and
paid as a member of a fire department, who has passed a civil
service examination for fireman and who is actively
employed as a fireman; and shall include any "prior fireman."
(7) "Fire department" shall mean the regularly organized, full time, paid, and employed force of firemen of the
municipality.
(8) "Fund" shall mean the firemen's pension fund created
herein.
(9) "Municipality" shall mean every city and town having a regularly organized full time, paid, fire department
employing firemen.
(10) "Performance of duty" shall mean the performance
of work and labor regularly required of firemen and shall
include services of an emergency nature rendered while off
regular duty, but shall not include time spent in traveling to
work before answering roll call or traveling from work after
dismissal at roll call.
(11) "Prior fireman" shall mean a fireman who was
actively employed as a fireman of a fire department prior to
the first day of January, 1947, and who continues such
employment thereafter.
(12) "Retired fireman" shall mean and include a person
employed as a fireman and retired under the provisions of
chapter 50, Laws of 1909, as amended.
(13) "Widow or widower" means the surviving wife or
husband of a retired fireman who was retired on account of
length of service and who was lawfully married to such fireman; and whenever that term is used with reference to the
wife or former wife or husband or former husband of a retired
fireman who was retired because of disability, it shall mean
his or her lawfully married wife or husband on the date he or
she sustained the injury or contracted the illness that resulted
in his or her disability. Said term shall not mean or include a
surviving wife or husband who by process of law within one
year prior to the retired fireman's death, collected or
attempted to collect from him or her funds for the support of
[2003 RCW Supp—page 478]
herself or himself or for his or her children. [2003 c 30 § 1;
1973 1st ex.s. c 154 § 61; 1947 c 91 § 1; Rem. Supp. 1947 §
9578-40.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
41.16.020
41.16.020 Pension board created—Members—
Terms—Vacancies—Officers—Quorum. There is hereby
created in each city and town a municipal firemen's pension
board to consist of the following five members, ex officio, the
mayor, or in a city of the first class, the mayor or a designated
representative who shall be an elected official of the city,
who shall be chairman of the board, the city comptroller or
clerk, the chairman of finance of the city council, or if there
is no chairman of finance, the city treasurer, and in addition,
two regularly employed or retired fire fighters elected by
secret ballot of those employed and retired fire fighters who
are subject to the jurisdiction of the board. The members to
be elected by the fire fighters shall be elected annually for a
two year term. The two fire fighters elected as members
shall, in turn, select a third eligible member who shall serve
as an alternate in the event of an absence of one of the regularly elected members. In case a vacancy occurs in the membership of the fire fighters or retired members, the members
shall in the same manner elect a successor to serve the unexpired term. The board may select and appoint a secretary
who may, but need not be a member of the board. In case of
absence or inability of the chairman to act, the board may
select a chairman pro tempore who shall during such absence
or inability perform the duties and exercise the powers of the
chairman. A majority of the members of the board shall constitute a quorum and have power to transact business. [2003
c 30 § 2; 1988 c 164 § 2; 1973 1st ex.s. c 19 § 1; 1961 c 255
§ 10; 1947 c 91 § 2; Rem. Supp. 1947 § 9578-41. Prior: 1935
c 39 § 1; 1919 c 196 § 3; 1909 c 50 §§ 1, 2.]
Chapter 41.24 RCW
VOLUNTEER FIRE FIGHTERS' AND RESERVE
OFFICERS' RELIEF AND PENSIONS
Chapter 41.24
(Formerly: Volunteer fire fighters' relief and pensions)
Sections
41.24.170
41.24.185
41.24.170
Retirement pensions.
Lump sum payments—Monthly pension under fifty dollars.
41.24.170 Retirement pensions. Except as provided in
RCW 41.24.410, whenever any participant has been a member and served honorably for a period of ten years or more as
an active member in any capacity, of any regularly organized
fire department or law enforcement agency of any municipality in this state, and which municipality has adopted appropriate legislation allowing its fire fighters or reserve officers to
enroll in the retirement pension provisions of this chapter,
and the participant has enrolled under the retirement pension
provisions and has reached the age of sixty-five years, the
board of trustees shall order and direct that he or she be
retired and be paid a monthly pension from the principal fund
as provided in this section.
Whenever a participant has been a member, and served
honorably for a period of twenty-five years or more as an
active member in any capacity, of any regularly organized
Law Enforcement Officers' and Fire Fighters' Retirement System
volunteer fire department or law enforcement agency of any
municipality in this state, and he or she has reached the age of
sixty-five years, and the annual retirement fee has been paid
for a period of twenty-five years, the board of trustees shall
order and direct that he or she be retired and such participant
be paid a monthly pension of three hundred dollars from the
fund for the balance of that participant's life.
Whenever any participant has been a member, and
served honorably for a period of twenty-five years or more as
an active member in any capacity, of any regularly organized
volunteer fire department or law enforcement agency of any
municipality in this state, and the participant has reached the
age of sixty-five years, and the annual retirement fee has been
paid for a period of less than twenty-five years, the board of
trustees shall order and direct that he or she be retired and that
such participant shall receive a minimum monthly pension of
fifty dollars increased by the sum of ten dollars each month
for each year the annual fee has been paid, but not to exceed
the maximum monthly pension provided in this section, for
the balance of the participant's life.
No pension provided in this section may become payable
before the sixty-fifth birthday of the participant, nor for any
service less than twenty-five years: PROVIDED, HOWEVER, That:
(1) Any participant, who is older than fifty-nine years of
age, less than sixty-five years of age, and has completed
twenty-five years or more of service may irrevocably elect a
reduced monthly pension in lieu of the pension that participant would be entitled to under this section at age sixty-five.
The participant who elects this option shall receive the
reduced pension for the balance of his or her life. The
reduced monthly pension is calculated as a percentage of the
pension the participant would be entitled to at age sixty-five.
The percentage used in the calculation is based upon the age
of the participant at the time of retirement as follows:
Age 60
Age 61
Age 62
Age 63
Age 64
Sixty percent
Sixty-eight percent
Seventy-six percent
Eighty-four percent
Ninety-two percent
(2) If a participant is age sixty-five or older but has less
than twenty-five years of service, the participant is entitled to
a reduced benefit. The reduced benefit shall be computed as
follows:
(a) Upon completion of ten years, but less than fifteen
years of service, a monthly pension equal to twenty percent
of such pension as the participant would have been entitled to
receive at age sixty-five after twenty-five years of service;
(b) Upon completion of fifteen years, but less than
twenty years of service, a monthly pension equal to thirtyfive percent of such pension as the participant would have
been entitled to receive at age sixty-five after twenty-five
years of service; and
(c) Upon completion of twenty years, but less than
twenty-five years of service, a monthly pension equal to seventy-five percent of such pension as the participant would
have been entitled to receive at age sixty-five after twentyfive years of service.
(3) If a participant with less than twenty-five years of
service elects to retire after turning age sixty but before turn-
Chapter 41.26
ing age sixty-five, the participant's retirement allowance is
subject:
(a) First to the reduction under subsection (2) of this section based upon the participant's years of service; and
(b) Second to the reduction under subsection (1) of this
section based upon the participant's age. [2003 c 62 § 1.
Prior: 1999 c 148 § 15; 1999 c 117 § 4; 1995 c 11 § 7; 1992
c 97 § 2; 1989 c 91 § 4; 1981 c 21 § 4; 1979 ex.s. c 157 § 1;
1973 1st ex.s. c 170 § 2; 1969 c 118 § 5; 1961 c 57 § 2; 1953
c 253 § 3; 1951 c 103 § 1; 1945 c 261 § 17; Rem. Supp. 1945
§ 9578-31.]
Effective date—2003 c 62: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 62 § 3.]
Effective date—1992 c 97: See note following RCW 41.24.030.
Effective date—1989 c 91: See note following RCW 41.24.010.
Effective date—Severability—1981 c 21: See notes following RCW
41.24.150.
Effective date—1973 1st ex.s. c 170: See note following RCW
41.24.030.
41.24.185
41.24.185 Lump sum payments—Monthly pension
under fifty dollars. Any monthly pension, payable under
this chapter, which will not amount to fifty dollars may be
converted into a lump sum payment equal to the actuarial
equivalent of the monthly pension. The conversion may be
made either upon written application to the state board and
shall rest at the discretion of the state board; or the state board
may make, on its own motion, lump sum payments, equal or
proportionate, as the case may be, to the value of the annuity
then remaining in full satisfaction of claims due. Any person
receiving a monthly payment of less than twenty-five dollars
at the time of September 1, 1979, may elect, within two years,
to convert such payments into a lump sum payment as provided in this section. [2003 c 62 § 2; 1989 c 91 § 7.]
Effective date—2003 c 62: See note following RCW 41.24.170.
Effective date—1989 c 91: See note following RCW 41.24.010.
Chapter 41.26 RCW
LAW ENFORCEMENT OFFICERS' AND FIRE
FIGHTERS' RETIREMENT SYSTEM
Chapter 41.26
Sections
41.26.030
41.26.062
41.26.110
41.26.195
41.26.460
41.26.547
Definitions.
Falsification—Penalty. (Effective July 1, 2004.)
City and county disability boards authorized—Composition—
Terms—Reimbursement for travel expenses—Duties.
Transfer of service credit from other retirement system—Irrevocable election allowed.
Options for payment of retirement allowances—Retirement
allowance adjustment—Court-approved property settlement.
Emergency medical technicians—Job relocation—Retirement
options. (Expires July 1, 2013.)
"PLAN 2 GOVERNANCE"
41.26.700
41.26.705
41.26.710
41.26.715
41.26.717
41.26.720
41.26.725
41.26.730
Overview—Intent.
Intent—2003 c 2.
Definitions.
Board of trustees—Created—Selection of trustees—Terms of
office—Vacancies.
Additional duties and powers of board.
Board of trustees—Powers—Meeting procedures—Quorum—Judicial review—Budget.
Board of trustees—Contributions—Minimum and increased
benefits.
Joint committee on pension policy—Pension funding council.
[2003 RCW Supp—page 479]
41.26.030
41.26.732
41.26.735
41.26.740
41.26.902
41.26.903
41.26.904
41.26.905
41.26.906
Title 41 RCW: Public Employment, Civil Service, and Pensions
Plan 2 expense fund—Board oversight and administration—
State investment board.
Asset management.
Reimbursement for expenses.
Severability—2003 c 2 (Initiative Measure No. 790).
Captions not law—2003 c 2 (Initiative Measure No. 790).
Effective date—2003 c 2 (Initiative Measure No. 790).
Severability—2003 c 92.
Effective date—2003 c 92.
41.26.030
41.26.030 Definitions. As used in this chapter, unless a
different meaning is plainly required by the context:
(1) "Retirement system" means the "Washington law
enforcement officers' and fire fighters' retirement system"
provided herein.
(2)(a) "Employer" for plan 1 members, means the legislative authority of any city, town, county, or district or the
elected officials of any municipal corporation that employs
any law enforcement officer and/or fire fighter, any authorized association of such municipalities, and, except for the
purposes of RCW 41.26.150, any labor guild, association, or
organization, which represents the fire fighters or law
enforcement officers of at least seven cities of over 20,000
population and the membership of each local lodge or division of which is composed of at least sixty percent law
enforcement officers or fire fighters as defined in this chapter.
(b) "Employer" for plan 2 members, means the following
entities to the extent that the entity employs any law enforcement officer and/or fire fighter:
(i) The legislative authority of any city, town, county, or
district;
(ii) The elected officials of any municipal corporation;
(iii) The governing body of any other general authority
law enforcement agency; or
(iv) A four-year institution of higher education having a
fully operational fire department as of January 1, 1996.
(3) "Law enforcement officer" beginning January 1,
1994, means any person who is commissioned and employed
by an employer on a full time, fully compensated basis to
enforce the criminal laws of the state of Washington generally, with the following qualifications:
(a) No person who is serving in a position that is basically clerical or secretarial in nature, and who is not commissioned shall be considered a law enforcement officer;
(b) Only those deputy sheriffs, including those serving
under a different title pursuant to county charter, who have
successfully completed a civil service examination for deputy
sheriff or the equivalent position, where a different title is
used, and those persons serving in unclassified positions
authorized by RCW 41.14.070 except a private secretary will
be considered law enforcement officers;
(c) Only such full time commissioned law enforcement
personnel as have been appointed to offices, positions, or
ranks in the police department which have been specifically
created or otherwise expressly provided for and designated
by city charter provision or by ordinance enacted by the legislative body of the city shall be considered city police officers;
(d) The term "law enforcement officer" also includes the
executive secretary of a labor guild, association or organization (which is an employer under RCW 41.26.030(2)) if that
individual has five years previous membership in the retire[2003 RCW Supp—page 480]
ment system established in chapter 41.20 RCW. The provisions of this subsection (3)(d) shall not apply to plan 2 members; and
(e) The term "law enforcement officer" also includes a
person employed on or after January 1, 1993, as a public
safety officer or director of public safety, so long as the job
duties substantially involve only either police or fire duties,
or both, and no other duties in a city or town with a population of less than ten thousand. The provisions of this subsection (3)(e) shall not apply to any public safety officer or
director of public safety who is receiving a retirement allowance under this chapter as of May 12, 1993.
(4) "Fire fighter" means:
(a) Any person who is serving on a full time, fully compensated basis as a member of a fire department of an
employer and who is serving in a position which requires
passing a civil service examination for fire fighter, and who is
actively employed as such;
(b) Anyone who is actively employed as a full time fire
fighter where the fire department does not have a civil service
examination;
(c) Supervisory fire fighter personnel;
(d) Any full time executive secretary of an association of
fire protection districts authorized under RCW 52.12.031.
The provisions of this subsection (4)(d) shall not apply to
plan 2 members;
(e) The executive secretary of a labor guild, association
or organization (which is an employer under RCW
41.26.030(2) as now or hereafter amended), if such individual has five years previous membership in a retirement system established in chapter 41.16 or 41.18 RCW. The provisions of this subsection (4)(e) shall not apply to plan 2 members;
(f) Any person who is serving on a full time, fully compensated basis for an employer, as a fire dispatcher, in a
department in which, on March 1, 1970, a dispatcher was
required to have passed a civil service examination for fire
fighter; and
(g) Any person who on March 1, 1970, was employed on
a full time, fully compensated basis by an employer, and who
on May 21, 1971, was making retirement contributions under
the provisions of chapter 41.16 or 41.18 RCW.
(5) "Department" means the department of retirement
systems created in chapter 41.50 RCW.
(6) "Surviving spouse" means the surviving widow or
widower of a member. "Surviving spouse" shall not include
the divorced spouse of a member except as provided in RCW
41.26.162.
(7)(a) "Child" or "children" means an unmarried person
who is under the age of eighteen or mentally or physically
handicapped as determined by the department, except a handicapped person in the full time care of a state institution, who
is:
(i) A natural born child;
(ii) A stepchild where that relationship was in existence
prior to the date benefits are payable under this chapter;
(iii) A posthumous child;
(iv) A child legally adopted or made a legal ward of a
member prior to the date benefits are payable under this chapter; or
Law Enforcement Officers' and Fire Fighters' Retirement System
(v) An illegitimate child legitimized prior to the date any
benefits are payable under this chapter.
(b) A person shall also be deemed to be a child up to and
including the age of twenty years and eleven months while
attending any high school, college, or vocational or other
educational institution accredited, licensed, or approved by
the state, in which it is located, including the summer vacation months and all other normal and regular vacation periods
at the particular educational institution after which the child
returns to school.
(8) "Member" means any fire fighter, law enforcement
officer, or other person as would apply under subsections (3)
or (4) of this section whose membership is transferred to the
Washington law enforcement officers' and fire fighters'
retirement system on or after March 1, 1970, and every law
enforcement officer and fire fighter who is employed in that
capacity on or after such date.
(9) "Retirement fund" means the "Washington law
enforcement officers' and fire fighters' retirement system
fund" as provided for herein.
(10) "Employee" means any law enforcement officer or
fire fighter as defined in subsections (3) and (4) of this section.
(11)(a) "Beneficiary" for plan 1 members, means any
person in receipt of a retirement allowance, disability allowance, death benefit, or any other benefit described herein.
(b) "Beneficiary" for plan 2 members, means any person
in receipt of a retirement allowance or other benefit provided
by this chapter resulting from service rendered to an
employer by another person.
(12)(a) "Final average salary" for plan 1 members,
means (i) for a member holding the same position or rank for
a minimum of twelve months preceding the date of retirement, the basic salary attached to such same position or rank
at time of retirement; (ii) for any other member, including a
civil service member who has not served a minimum of
twelve months in the same position or rank preceding the date
of retirement, the average of the greatest basic salaries payable to such member during any consecutive twenty-four
month period within such member's last ten years of service
for which service credit is allowed, computed by dividing the
total basic salaries payable to such member during the
selected twenty-four month period by twenty-four; (iii) in the
case of disability of any member, the basic salary payable to
such member at the time of disability retirement; (iv) in the
case of a member who hereafter vests pursuant to RCW
41.26.090, the basic salary payable to such member at the
time of vesting.
(b) "Final average salary" for plan 2 members, means the
monthly average of the member's basic salary for the highest
consecutive sixty service credit months of service prior to
such member's retirement, termination, or death. Periods
constituting authorized unpaid leaves of absence may not be
used in the calculation of final average salary.
(13)(a) "Basic salary" for plan 1 members, means the
basic monthly rate of salary or wages, including longevity
pay but not including overtime earnings or special salary or
wages, upon which pension or retirement benefits will be
computed and upon which employer contributions and salary
deductions will be based.
41.26.030
(b) "Basic salary" for plan 2 members, means salaries or
wages earned by a member during a payroll period for personal services, including overtime payments, and shall
include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the
United States Internal Revenue Code, but shall exclude lump
sum payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, or any
form of severance pay. In any year in which a member serves
in the legislature the member shall have the option of having
such member's basic salary be the greater of:
(i) The basic salary the member would have received had
such member not served in the legislature; or
(ii) Such member's actual basic salary received for nonlegislative public employment and legislative service combined. Any additional contributions to the retirement system
required because basic salary under (b)(i) of this subsection is
greater than basic salary under (b)(ii) of this subsection shall
be paid by the member for both member and employer contributions.
(14)(a) "Service" for plan 1 members, means all periods
of employment for an employer as a fire fighter or law
enforcement officer, for which compensation is paid,
together with periods of suspension not exceeding thirty days
in duration. For the purposes of this chapter service shall also
include service in the armed forces of the United States as
provided in RCW 41.26.190. Credit shall be allowed for all
service credit months of service rendered by a member from
and after the member's initial commencement of employment
as a fire fighter or law enforcement officer, during which the
member worked for seventy or more hours, or was on disability leave or disability retirement. Only service credit months
of service shall be counted in the computation of any retirement allowance or other benefit provided for in this chapter.
(i) For members retiring after May 21, 1971 who were
employed under the coverage of a prior pension act before
March 1, 1970, "service" shall also include (A) such military
service not exceeding five years as was creditable to the
member as of March 1, 1970, under the member's particular
prior pension act, and (B) such other periods of service as
were then creditable to a particular member under the provisions of RCW 41.18.165, 41.20.160 or 41.20.170. However,
in no event shall credit be allowed for any service rendered
prior to March 1, 1970, where the member at the time of rendition of such service was employed in a position covered by
a prior pension act, unless such service, at the time credit is
claimed therefor, is also creditable under the provisions of
such prior act.
(ii) A member who is employed by two employers at the
same time shall only be credited with service to one such
employer for any month during which the member rendered
such dual service.
(b) "Service" for plan 2 members, means periods of
employment by a member for one or more employers for
which basic salary is earned for ninety or more hours per calendar month which shall constitute a service credit month.
Periods of employment by a member for one or more
employers for which basic salary is earned for at least seventy
hours but less than ninety hours per calendar month shall constitute one-half service credit month. Periods of employment
by a member for one or more employers for which basic sal[2003 RCW Supp—page 481]
41.26.030
Title 41 RCW: Public Employment, Civil Service, and Pensions
ary is earned for less than seventy hours shall constitute a
one-quarter service credit month.
Members of the retirement system who are elected or
appointed to a state elective position may elect to continue to
be members of this retirement system.
Service credit years of service shall be determined by
dividing the total number of service credit months of service
by twelve. Any fraction of a service credit year of service as
so determined shall be taken into account in the computation
of such retirement allowance or benefits.
If a member receives basic salary from two or more
employers during any calendar month, the individual shall
receive one service credit month's service credit during any
calendar month in which multiple service for ninety or more
hours is rendered; or one-half service credit month's service
credit during any calendar month in which multiple service
for at least seventy hours but less than ninety hours is rendered; or one-quarter service credit month during any calendar month in which multiple service for less than seventy
hours is rendered.
(15) "Accumulated contributions" means the employee's
contributions made by a member, including any amount paid
under RCW 41.50.165(2), plus accrued interest credited
thereon.
(16) "Actuarial reserve" means a method of financing a
pension or retirement plan wherein reserves are accumulated
as the liabilities for benefit payments are incurred in order
that sufficient funds will be available on the date of retirement of each member to pay the member's future benefits
during the period of retirement.
(17) "Actuarial valuation" means a mathematical determination of the financial condition of a retirement plan. It
includes the computation of the present monetary value of
benefits payable to present members, and the present monetary value of future employer and employee contributions,
giving effect to mortality among active and retired members
and also to the rates of disability, retirement, withdrawal
from service, salary and interest earned on investments.
(18) "Disability board" for plan 1 members means either
the county disability board or the city disability board established in RCW 41.26.110.
(19) "Disability leave" means the period of six months or
any portion thereof during which a member is on leave at an
allowance equal to the member's full salary prior to the commencement of disability retirement. The definition contained
in this subsection shall apply only to plan 1 members.
(20) "Disability retirement" for plan 1 members, means
the period following termination of a member's disability
leave, during which the member is in receipt of a disability
retirement allowance.
(21) "Position" means the employment held at any particular time, which may or may not be the same as civil service rank.
(22) "Medical services" for plan 1 members, shall
include the following as minimum services to be provided.
Reasonable charges for these services shall be paid in accordance with RCW 41.26.150.
(a) Hospital expenses: These are the charges made by a
hospital, in its own behalf, for
[2003 RCW Supp—page 482]
(i) Board and room not to exceed semiprivate room rate
unless private room is required by the attending physician
due to the condition of the patient.
(ii) Necessary hospital services, other than board and
room, furnished by the hospital.
(b) Other medical expenses: The following charges are
considered "other medical expenses", provided that they have
not been considered as "hospital expenses".
(i) The fees of the following:
(A) A physician or surgeon licensed under the provisions
of chapter 18.71 RCW;
(B) An osteopathic physician and surgeon licensed under
the provisions of chapter 18.57 RCW;
(C) A chiropractor licensed under the provisions of chapter 18.25 RCW.
(ii) The charges of a registered graduate nurse other than
a nurse who ordinarily resides in the member's home, or is a
member of the family of either the member or the member's
spouse.
(iii) The charges for the following medical services and
supplies:
(A) Drugs and medicines upon a physician's prescription;
(B) Diagnostic x-ray and laboratory examinations;
(C) X-ray, radium, and radioactive isotopes therapy;
(D) Anesthesia and oxygen;
(E) Rental of iron lung and other durable medical and
surgical equipment;
(F) Artificial limbs and eyes, and casts, splints, and
trusses;
(G) Professional ambulance service when used to transport the member to or from a hospital when injured by an
accident or stricken by a disease;
(H) Dental charges incurred by a member who sustains
an accidental injury to his or her teeth and who commences
treatment by a legally licensed dentist within ninety days
after the accident;
(I) Nursing home confinement or hospital extended care
facility;
(J) Physical therapy by a registered physical therapist;
(K) Blood transfusions, including the cost of blood and
blood plasma not replaced by voluntary donors;
(L) An optometrist licensed under the provisions of
chapter 18.53 RCW.
(23) "Regular interest" means such rate as the director
may determine.
(24) "Retiree" for persons who establish membership in
the retirement system on or after October 1, 1977, means any
member in receipt of a retirement allowance or other benefit
provided by this chapter resulting from service rendered to an
employer by such member.
(25) "Director" means the director of the department.
(26) "State actuary" or "actuary" means the person
appointed pursuant to RCW 44.44.010(2).
(27) "State elective position" means any position held by
any person elected or appointed to statewide office or elected
or appointed as a member of the legislature.
(28) "Plan 1" means the law enforcement officers' and
fire fighters' retirement system, plan 1 providing the benefits
and funding provisions covering persons who first became
members of the system prior to October 1, 1977.
Law Enforcement Officers' and Fire Fighters' Retirement System
(29) "Plan 2" means the law enforcement officers' and
fire fighters' retirement system, plan 2 providing the benefits
and funding provisions covering persons who first became
members of the system on and after October 1, 1977.
(30) "Service credit year" means an accumulation of
months of service credit which is equal to one when divided
by twelve.
(31) "Service credit month" means a full service credit
month or an accumulation of partial service credit months
that are equal to one.
(32) "General authority law enforcement agency" means
any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government
of this state, and any agency, department, or division of state
government, having as its primary function the detection and
apprehension of persons committing infractions or violating
the traffic or criminal laws in general, but not including the
Washington state patrol. Such an agency, department, or
division is distinguished from a limited authority law
enforcement agency having as one of its functions the apprehension or detection of persons committing infractions or
violating the traffic or criminal laws relating to limited subject areas, including but not limited to, the state departments
of natural resources and social and health services, the state
gambling commission, the state lottery commission, the state
parks and recreation commission, the state utilities and transportation commission, the state liquor control board, and the
state department of corrections. [2003 c 388 § 2; 2002 c 128
§ 3. Prior: 1996 c 178 § 11; 1996 c 38 § 2; prior: 1994 c 264
§ 14; 1994 c 197 § 5; prior: 1993 c 502 § 1; 1993 c 322 § 1;
1991 sp.s. c 12 § 1; prior: (1991 sp.s. c 11 § 3 repealed by
1991 sp.s. c 12 § 3); 1991 c 365 § 35; 1991 c 343 § 14; 1991
c 35 § 13; 1987 c 418 § 1; 1985 c 13 § 5; 1984 c 230 § 83;
1981 c 256 § 4; 1979 ex.s. c 249 § 2; 1977 ex.s. c 294 § 17;
1974 ex.s. c 120 § 1; 1972 ex.s. c 131 § 1; 1971 ex.s. c 257 §
6; 1970 ex.s. c 6 § 1; 1969 ex.s. c 209 § 3.]
Effective date—1996 c 178: See note following RCW 18.35.110.
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Effective date—1993 c 502: "This act shall take effect January 1,
1994." [1993 c 502 § 6.]
Application—1993 c 322 § 1: "Section 1 of this act shall apply retroactively to January 1, 1993." [1993 c 322 § 2.]
Effective date—1993 c 322: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 12, 1993]." [1993 c 322 § 3.]
Severability—1991 c 365: See note following RCW 41.50.500.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Purpose—Application—Retrospective application—1985 c 13: See
notes following RCW 41.04.445.
Purpose—1981 c 256: "It is the primary purpose of this act to assure
that the provisions of RCW 41.04.250 and 41.04.260 and of any deferred
compensation plan established thereunder, are in conformity with the
requirements of 26 U.S.C. Sec. 457 and any other requirements of federal
law relating to such a deferred compensation plan. This act shall be construed in such a manner as to accomplish this purpose." [1981 c 256 § 1.]
Severability—1981 c 256: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 256 § 7.]
41.26.110
Severability—1974 ex.s. c 120: "If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1974 ex.s. c 120 § 15.]
Severability—1972 ex.s. c 131: "If any provision of this 1972 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1972 ex.s. c 131 § 12.]
Purpose—1971 ex.s. c 257: "It is the purpose of this act to provide
minimum medical and health standards for membership coverage into the
Washington law enforcement officers' and fire fighters' retirement system
act, for the improvement of the public service, and to safeguard the integrity
and actuarial soundness of their pension systems, and to improve their retirement and pension systems and related provisions." [1971 ex.s. c 257 § 1.]
Severability—1971 ex.s. c 257: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 257 § 22.]
41.26.062
41.26.062 Falsification—Penalty. (Effective July 1,
2004.) Any employer, member or beneficiary who shall
knowingly make false statements or shall falsify or permit to
be falsified any record or records of the retirement system in
an attempt to defraud the retirement system, is guilty of a
class B felony punishable according to chapter 9A.20 RCW.
[2003 c 53 § 217; 1972 ex.s. c 131 § 10. Formerly RCW
41.26.300.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1972 ex.s. c 131: See note following RCW 41.26.030.
41.26.110
41.26.110 City and county disability boards authorized—Composition—Terms—Reimbursement for
travel expenses—Duties. (1) All claims for disability shall
be acted upon and either approved or disapproved by either
type of disability board authorized to be created in this section.
(a) Each city having a population of twenty thousand or
more shall establish a disability board having jurisdiction
over all members employed by those cities and composed of
the following five members: Two members of the city legislative body to be appointed by the mayor; one active or
retired fire fighter employed by or retired from the city to be
elected by the fire fighters employed by or retired from the
city who are subject to the jurisdiction of the board; one
active or retired law enforcement officer employed by or
retired from the city to be elected by the law enforcement
officers employed by or retired from the city who are subject
to the jurisdiction of the board; and one member from the
public at large who resides within the city to be appointed by
the other four members designated in this subsection. Only
those active or retired fire fighters and law enforcement officers who are subject to the jurisdiction of the board have the
right to elect under this section. All fire fighters and law
enforcement officers employed by or retired from the city are
eligible for election. Each of the elected members shall serve
a two year term. The members appointed pursuant to this
subsection shall serve for two year terms: PROVIDED, That
cities of the first class only, shall retain existing firemen's
pension boards established pursuant to RCW 41.16.020 and
existing boards of trustees of the relief and pension fund of
the police department as established pursuant to RCW
41.20.010 which such boards shall have authority to act upon
[2003 RCW Supp—page 483]
41.26.195
Title 41 RCW: Public Employment, Civil Service, and Pensions
and approve or disapprove claims for disability by fire fighters or law enforcement officers as provided under the Washington law enforcement officers' and fire fighters' retirement
system act.
(b) Each county shall establish a disability board having
jurisdiction over all members residing in the county and not
employed by a city in which a disability board is established.
The county disability board so created shall be composed of
five members to be chosen as follows: One member of the
legislative body of the county to be appointed by the county
legislative body; one member of a city or town legislative
body located within the county which does not contain a city
disability board established pursuant to subsection (1)(a) of
this section to be chosen by a majority of the mayors of such
cities and towns within the county which does not contain a
city disability board; one active fire fighter or retired fire
fighter employed by or retired from the county to be elected
by the fire fighters employed or retired in the county who are
not employed by or retired from a city in which a disability
board is established and who are subject to the jurisdiction of
the board; one law enforcement officer or retired law enforcement officer employed by or retired from the county to be
elected by the law enforcement officers employed in or
retired from the county who are not employed by or retired
from a city in which a disability board is established and who
are subject to the jurisdiction of the board; and one member
from the public at large who resides within the county but
does not reside within a city in which a city disability board
is established, to be appointed by the other four members designated in this subsection. However, in counties with a population less than sixty thousand, the member of the disability
board appointed by a majority of the mayors of the cities and
towns within the county that do not contain a city disability
board must be a resident of one of the cities and towns but
need not be a member of a city or town legislative body.
Only those active or retired fire fighters and law enforcement
officers who are subject to the jurisdiction of the board have
the right to elect under this section. All fire fighters and law
enforcement officers employed by or retired from the county
are eligible for election. All members appointed or elected
pursuant to this subsection shall serve for two year terms.
(2) The members of both the county and city disability
boards shall not receive compensation for their service upon
the boards but the members shall be reimbursed by their
respective county or city for all expenses incidental to such
service as to the amount authorized by law.
(3) The disability boards authorized for establishment by
this section shall perform all functions, exercise all powers,
and make all such determinations as specified in this chapter.
[2003 c 30 § 3; 2000 c 234 § 1; 1988 c 164 § 1; 1982 c 12 §
1; 1974 ex.s. c 120 § 9; 1970 ex.s. c 6 § 6; 1969 ex.s. c 219 §
3; 1969 ex.s. c 209 § 11.]
Severability—1974 ex.s. c 120: See note following RCW 41.26.030.
41.26.195
41.26.195 Transfer of service credit from other
retirement system—Irrevocable election allowed. Any
member of the teachers' retirement system plans 1, 2, or 3, the
public employees' retirement system plans 1, 2, or 3, the
school employees' retirement system plans 2 or 3, or the
Washington state patrol retirement system plans 1 or 2 who
has previously established service credit in the law enforce[2003 RCW Supp—page 484]
ment officers' and fire fighters' retirement system plan 1 may
make an irrevocable election to have such service transferred
to their current retirement system and plan subject to the following conditions:
(1) If the individual is employed by an employer in an
eligible position, as of July 1, 1997, the election to transfer
service must be filed in writing with the department no later
than July 1, 1998. If the individual is not employed by an
employer in an eligible position, as of July 1, 1997, the election to transfer service must be filed in writing with the
department no later than one year from the date they are
employed by an employer in an eligible position.
(2) An individual transferring service under this section
forfeits the rights to all benefits as a member of the law
enforcement officers' and fire fighters' retirement system plan
1 and will be permanently excluded from membership.
(3) Any individual choosing to transfer service under this
section will have transferred to their current retirement system and plan: (a) All the individual's accumulated contributions; (b) an amount sufficient to ensure that the employer
contribution rate in the individual's current system and plan
will not increase due to the transfer; and (c) all applicable
months of service, as defined in RCW 41.26.030(14)(a).
(4) If an individual has withdrawn contributions from the
law enforcement officers' and fire fighters' retirement system
plan 1, the individual may restore the contributions, together
with interest as determined by the director, and recover the
service represented by the contributions for the sole purpose
of transferring service under this section. The contributions
must be restored before the transfer can occur and the restoration must be completed within the time limitations specified in subsection (1) of this section.
(5) Any service transferred under this section does not
apply to the eligibility requirements for military service
credit as defined in RCW 41.40.170(3) or 43.43.260(3).
(6) If an individual does not meet the time limitations of
subsection (1) of this section, the individual may elect to
restore any withdrawn contributions and transfer service
under this section by paying the amount required under subsection (3)(b) of this section less any employee contributions
transferred. [2003 c 294 § 2; 1997 c 122 § 1.]
41.26.460
41.26.460 Options for payment of retirement allowances—Retirement allowance adjustment—Courtapproved property settlement. (1) Upon retirement for service as prescribed in RCW 41.26.430 or disability retirement
under RCW 41.26.470, a member shall elect to have the
retirement allowance paid pursuant to the following options,
calculated so as to be actuarially equivalent to each other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout such
member's life. However, if the retiree dies before the total of
the retirement allowance paid to such retiree equals the
amount of such retiree's accumulated contributions at the
time of retirement, then the balance shall be paid to the member's estate, or such person or persons, trust, or organization
as the retiree shall have nominated by written designation
duly executed and filed with the department; or if there be no
such designated person or persons still living at the time of
the retiree's death, then to the surviving spouse; or if there be
neither such designated person or persons still living at the
Law Enforcement Officers' and Fire Fighters' Retirement System
time of death nor a surviving spouse, then to the retiree's legal
representative.
(b) The department shall adopt rules that allow a member
to select a retirement option that pays the member a reduced
retirement allowance and upon death, such portion of the
member's reduced retirement allowance as the department by
rule designates shall be continued throughout the life of and
paid to a designated person. Such person shall be nominated
by the member by written designation duly executed and
filed with the department at the time of retirement. The
options adopted by the department shall include, but are not
limited to, a joint and one hundred percent survivor option
and a joint and fifty percent survivor option.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and member's
spouse do not give written consent to an option under this
section, the department will pay the member a joint and fifty
percent survivor benefit and record the member's spouse as
the beneficiary. Such benefit shall be calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required
as provided in (b) of this subsection.
(b) If a copy of a dissolution order designating a survivor
beneficiary under RCW 41.50.790 has been filed with the
department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made
by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3)(a) Any member who retired before January 1, 1996,
and who elected to receive a reduced retirement allowance
under subsection (1)(b) or (2) of this section is entitled to
receive a retirement allowance adjusted in accordance with
(b) of this subsection, if they meet the following conditions:
(i) The retiree's designated beneficiary predeceases or
has predeceased the retiree; and
(ii) The retiree provides to the department proper proof
of the designated beneficiary's death.
(b) The retirement allowance payable to the retiree, as of
July 1, 1998, or the date of the designated beneficiary's death,
whichever comes last, shall be increased by the percentage
derived in (c) of this subsection.
(c) The percentage increase shall be derived by the following:
(i) One hundred percent multiplied by the result of (c)(ii)
of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate
joint and survivor option factor;
(iii) The joint and survivor option factor shall be from
the table in effect as of July 1, 1998.
(d) The adjustment under (b) of this subsection shall
accrue from the beginning of the month following the date of
the designated beneficiary's death or from July 1, 1998,
whichever comes last.
(4) No later than July 1, 2001, the department shall adopt
rules that allow a member additional actuarially equivalent
survivor benefit options, and shall include, but are not limited
to:
41.26.460
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments
pursuant to a property division obligation as provided for in
RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant
to this subsection and satisfies the conditions of (a)(i) of this
subsection shall have one year to designate their spouse as a
survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to
remove the survivor designation and have their future benefit
adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall adopt
rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.26.530(1) and the member's
divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member's benefit subsequent to the division
into two separate benefits shall be made solely to the separate
benefit of the member.
The nonmember ex spouse shall be eligible to commence
receiving their separate benefit upon reaching the ages provided in RCW 41.26.430(1) and after filing a written application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (4) of this section. Any
actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of
the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2003
c 294 § 3; 2002 c 158 § 7; 2000 c 186 § 1; 1998 c 340 § 5;
1996 c 175 § 3; 1995 c 144 § 17; 1990 c 249 § 3; 1977 ex.s. c
294 § 7.]
[2003 RCW Supp—page 485]
41.26.547
Title 41 RCW: Public Employment, Civil Service, and Pensions
Effective date—1998 c 340: See note following RCW 41.31.010.
Findings—1990 c 249: See note following RCW 2.10.146.
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.547
41.26.547 Emergency medical technicians—Job relocation—Retirement options. (Expires July 1, 2013.) (1) A
member of plan 2 who was a member of the public employees' retirement system while employed providing emergency
medical services for a city, town, county, or district and
whose job was relocated from another department of a city,
town, county, or district to a fire department has the following options:
(a) Remain a member of the public employees' retirement system; or
(b) Leave any service credit earned as a member of the
public employees' retirement system in the public employees'
retirement system, and have all future service earned in the
law enforcement officers' and fire fighters' retirement system
plan 2, becoming a dual member under the provisions of
chapter 41.54 RCW; or
(c) Make an election no later than June 30, 2008, filed in
writing with the department of retirement systems, to transfer
service credit previously earned as an emergency medical
technician for a city, town, county, or district in the public
employees' retirement system plan 1 or plan 2 to the law
enforcement officers' and fire fighters' retirement system plan
2 as defined in RCW 41.26.030. Service credit that a member
elects to transfer from the public employees' retirement system to the law enforcement officers' and fire fighters' retirement system under this section shall be transferred no earlier
than five years after the effective date the member elects to
transfer, and only after the member earns five years of service
credit as a fire fighter following the effective date the member elects to transfer.
(2) A member of plan 1 who was a member of the public
employees' retirement system while employed providing
emergency medical services for a city, town, county, or district and whose job was relocated from another department of
a city, town, county, or district to a fire department has the
following options:
(a) Remain a member of the public employees' retirement system; or
(b) Leave any service credit earned as a member of the
public employees' retirement system in the public employees'
retirement system, and have all future service earned in the
law enforcement officers' and fire fighters' retirement system
plan 1.
(3)(a) A member who elects to transfer service credit
under subsection (1)(c) of this section shall make the payments required by this subsection prior to having service
credit earned as an emergency medical technician for a city,
town, county, or district under the public employees' retirement system plan 1 or plan 2 transferred to the law enforcement officers' and fire fighters' retirement system plan 2.
However, in no event shall service credit be transferred earlier than five years after the effective date the member elects
to transfer, or prior to the member earning five years of service credit as a fire fighter following the effective date the
member elects to transfer.
[2003 RCW Supp—page 486]
(b) A member who elects to transfer service credit under
this subsection shall pay, for the applicable period of service,
the difference between the contributions the employee paid to
the public employees' retirement system plan 1 or plan 2 and
the contributions that would have been paid by the employee
had the employee been a member of the law enforcement
officers' and fire fighters' retirement system plan 2, plus interest on this difference as determined by the director. This payment must be made no later than five years from the effective
date of the election made under subsection (1)(c) of this section and must be made prior to retirement.
(c) No earlier than five years after the effective date the
member elects to transfer service credit under this section and
upon completion of the payment required in (b) of this subsection, the department shall transfer from the public employees' retirement system plan 1 or plan 2 to the law enforcement
officers' and fire fighters' retirement system plan 2: (i) All of
the employee's applicable accumulated contributions plus
interest and an equal amount of employer contributions; and
(ii) all applicable months of service, as defined in RCW
41.26.030(14)(b), credited to the employee under this chapter
for service as an emergency services provider for a city,
town, county, or district as though that service was rendered
as a member of the law enforcement officers' and fire fighters' retirement system plan 2.
(d) Upon transfer of service credit, contributions, and
interest under this subsection, the employee is permanently
excluded from membership in the public employees' retirement system for all service transfers related to their time
served as an emergency medical technician for a city, town,
county, or district under the public employees' retirement
system plan 1 or plan 2. [2003 c 293 § 1.]
Expiration date—2003 c 293: "This act expires July 1, 2013." [2003
c 293 § 2.]
"PLAN 2 GOVERNANCE"
41.26.700
41.26.700 Overview—Intent. The law enforcement
officers' and fire fighters' retirement system plan 2 is currently subject to policymaking by the legislature's joint committee on pension policy with ratification by the members of
the legislature and is administered by the department of
retirement systems.
Members of the plan have no direct input into the management of their retirement program. Forty-six other states
currently have member representation in their pension management. Chapter 2, Laws of 2003 is intended to give management of the retirement program to the people whose lives
are directly affected by it and who provide loyal and valiant
service to ensure the health, safety, and welfare of the citizens
of the state of Washington. [2003 c 2 § 1 (Initiative Measure
No. 790, approved November 5, 2002).]
41.26.705
41.26.705 Intent—2003 c 2. It is the intent of chapter
2, Laws of 2003 to:
(1) Establish a board of trustees responsible for the adoption of actuarial standards to be applied to the plan;
(2) Provide for additional benefits for fire fighters and
law enforcement officers subject to the cost limitations provided for in chapter 2, Laws of 2003;
Law Enforcement Officers' and Fire Fighters' Retirement System
41.26.717
41.26.715
(3) Exercise fiduciary responsibility in the oversight of
those pension management functions assigned to the board;
(4) Provide effective monitoring of the plan by providing
an annual report to the legislature, to the members and beneficiaries of the plan, and to the public;
(5) Establish contribution rates for employees, employers, and the state of Washington that will guaranty viability of
the plan, subject to the limitations provided for in chapter 2,
Laws of 2003;
(6) Provide for an annual budget and to pay costs from
the trust, as part of the normal cost of the plan; and
(7) Enable the board of trustees to retain professional and
technical advisors as necessary for the fulfillment of their
statutory responsibilities. [2003 c 2 § 2 (Initiative Measure
No. 790, approved November 5, 2002).]
41.26.710
41.26.710 Definitions. The definitions in this section
apply throughout this subchapter unless the context clearly
requires otherwise.
(1) "Member" or "beneficiary" means:
(a) Current and future law enforcement officers and fire
fighters who are contributing to the plan;
(b) Retired employees or their named beneficiaries who
receive benefits from the plan; and
(c) Separated vested members of the plan who are not
currently receiving benefits.
(2) "Plan" means the law enforcement officers' and fire
fighters' retirement system plan 2.
(3) "Actuary" means the actuary employed by the board
of trustees.
(4) "State actuary" means the actuary employed by the
department.
(5) "Board" means the board of trustees.
(6) "Board member" means a member of the board of
trustees.
(7) "Department" means the department of retirement
systems.
(8) "Minimum benefits" means those benefits provided
for in chapter 41.26 RCW as of July 1, 2003.
(9) "Employer" means the same as under RCW
41.26.030(2)(b).
(10) "Enrolled actuary" means an actuary who is
enrolled under the employee retirement income security act
of 1974 (Subtitle C of Title III) and who is a member of the
society of actuaries or the American academy of actuaries.
(11) "Increased benefit" means a benefit in addition to
the minimum benefits.
(12) "Trust" means the assets of the plan.
(13) "Benefits" means the age or service or combination
thereof required for retirement, the level of service and disability retirement benefits, survivorship benefits, payment
options including a deferred retirement option plan, average
final compensation, postretirement cost-of-living adjustments, including health care and the elements of compensation. Benefits shall not include the classifications of employment eligible to participate in the plan.
(14) "Actuarially sound" means the plan is sufficiently
funded to meet its projected liabilities and to defray the reasonable expenses of its operation based upon commonly
accepted, sound actuarial principles. [2003 c 2 § 3 (Initiative
Measure No. 790, approved November 5, 2002).]
41.26.715 Board of trustees—Created—Selection of
trustees—Terms of office—Vacancies. (1) An eleven
member board of trustees is hereby created.
(a) Three of the board members shall be active law
enforcement officers who are participants in the plan. Beginning with the first vacancy on or after January 1, 2007, one
board member shall be a retired law enforcement officer who
is a member of the plan. The law enforcement officer board
members shall be appointed by the governor from a list provided by a recognized statewide council whose membership
consists exclusively of guilds, associations, and unions representing state and local government police officers, deputies,
and sheriffs and excludes federal law enforcement officers.
(b) Three of the board members shall be active fire fighters who are participants in the plan. Beginning with the first
vacancy on or after January 1, 2007, one board member shall
be a retired fire fighter who is a member of the plan. The fire
fighter board member shall be appointed by the governor
from a list provided by a recognized statewide council, affiliated with an international association representing the interests of fire fighters.
(c) Three of the board members shall be representatives
of employers and shall be appointed by the governor.
(d) One board member shall be a member of the house of
representatives who is appointed by the governor based on
the recommendation of the speaker of the house of representatives.
(e) One board member shall be a member of the senate
who is appointed by the governor based on the recommendation of the majority leader of the senate.
(2) The initial law enforcement officer and fire fighter
board members shall serve terms of six, four, and two years,
respectively. Thereafter, law enforcement officer and fire
fighter board members serve terms of six years. The remaining board members serve terms of four years. Board members
may be reappointed to succeeding terms without limitation.
Board members shall serve until their successors are
appointed and seated.
(3) In the event of a vacancy on the board, the vacancy
shall be filled in the same manner as prescribed for an initial
appointment. [2003 c 2 § 4 (Initiative Measure No. 790,
approved November 5, 2002).]
41.26.717
41.26.717 Additional duties and powers of board.
The law enforcement officers' and fire fighters' plan 2 retirement board established in section 4, chapter 2, Laws of 2003
has the following duties and powers in addition to any other
duties or powers authorized or required by law. The board:
(1) Shall employ staff as necessary to implement the purposes of chapter 2, Laws of 2003. Staff must be state
employees under Title 41 RCW;
(2) Shall adopt an annual budget as provided in section 5,
chapter 2, Laws of 2003. Expenses of the board are paid from
the expense fund created in RCW 41.26.732;
(3) May make, execute, and deliver contracts, conveyances, and other instruments necessary to exercise and discharge its powers and duties;
(4) May contract for all or part of the services necessary
for the management and operation of the board with other
state or nonstate entities authorized to do business in the
state; and
[2003 RCW Supp—page 487]
41.26.720
Title 41 RCW: Public Employment, Civil Service, and Pensions
(5) May contract with actuaries, auditors, and other consultants as necessary to carry out its responsibilities. [2003 c
92 § 1.]
41.26.720
41.26.720 Board of trustees—Powers—Meeting procedures—Quorum—Judicial review—Budget. (1) The
board of trustees have the following powers and duties and
shall:
(a) Adopt actuarial tables, assumptions, and cost methodologies in consultation with an enrolled actuary retained by
the board. The state actuary shall provide assistance when the
board requests. The actuary retained by the board shall utilize
the aggregate actuarial cost method, or other recognized actuarial cost method based on a level percentage of payroll, as
that term is employed by the American academy of actuaries.
In determining the reasonableness of actuarial valuations,
assumptions, and cost methodologies, the actuary retained by
the board shall provide a copy of all such calculations to the
state actuary. If the two actuaries concur on the calculations,
contributions shall be made as set forth in the report of the
board's actuary. If the two actuaries cannot agree, they shall
appoint a third, independent, enrolled actuary who shall
review the calculations of the actuary retained by the board
and the state actuary. Thereafter, contributions shall be based
on the methodology most closely following that of the third
actuary;
(b)(i) Provide for the design and implementation of
increased benefits for members and beneficiaries of the plan,
subject to the contribution limitations under RCW 41.26.725.
An increased benefit may not be approved by the board until
an actuarial cost of the benefit has been determined by the
actuary and contribution rates adjusted as may be required to
maintain the plan on a sound actuarial basis. Increased benefits as approved by the board shall be presented to the legislature on January 1st of each year. The increased benefits as
approved by the board shall become effective within ninety
days unless a bill is enacted in the next ensuing session of the
legislature, by majority vote of each house of the legislature,
repealing the action of the board;
(ii) As an alternative to the procedure in (b)(i) of this
subsection, recommend to the legislature changes in the benefits for members and beneficiaries, without regard to the
cost limitations in RCW 41.26.725(3). Benefits adopted in
this manner shall have the same contractual protections as the
minimum benefits in the plan. The recommendations of the
board shall be presented to the legislature on January 1st of
each year. These measures shall take precedence over all
other measures in the legislature, except appropriations bills,
and shall be either enacted or rejected without change or
amendment by the legislature before the end of such regular
session;
(c) Retain professional and technical advisors necessary
for the accomplishment of its duties. The cost of these services may be withdrawn from the trust;
(d) Consult with the department for the purpose of
improving benefit administration and member services;
(e) Provide an annual report to the governor and the legislature setting forth the actuarial funding status of the plan
and making recommendations for improvements in those
aspects of retirement administration directed by the legislature or administered by the department;
[2003 RCW Supp—page 488]
(f) Establish uniform administrative rules and operating
policies in the manner prescribed by law;
(g) Engage administrative staff and acquire office space
independent of, or in conjunction with, the department. The
department shall provide funding from its budget for these
purposes;
(h) The board shall publish [Publish] on an annual basis
a schedule of increased benefits together with a summary of
the minimum benefits as established by the legislature which
shall constitute the official plan document; and
(i) Be the fiduciary of the plan and discharge the board's
duties solely in the interest of the members and beneficiaries
of the plan.
(2) Meetings of the board of trustees shall be conducted
as follows:
(a) All board meetings are open to the public, preceded
by timely public notice;
(b) All actions of the board shall be taken in open public
session, except for those matters which may be considered in
executive session as provided by law;
(c) The board shall retain minutes of each meeting setting forth the names of those board members present and
absent, and their voting record on any voted issue; and
(d) The board may establish, with the assistance of the
appropriate office of state government, an internet web site
providing for interactive communication with state government, members and beneficiaries of the plan, and the public.
(3) A quorum of the board is six board members. All
board actions require six concurring votes.
(4) The decisions of the board shall be made in good
faith and are final, binding, and conclusive on all parties. The
decisions of the board shall be subject to judicial review as
provided by law.
(5) A law enforcement officers' and fire fighters' retirement system plan 2 expense fund is established for the purpose of defraying the expenses of the board. The board shall
cause an annual budget to be prepared consistent with the
requirements of chapter 43.88 RCW and shall draw the funding for the budget from the investment income of the trust.
Board members shall be reimbursed for travel and education
expenses as provided in RCW 43.03.050 and 43.03.060. The
board shall make an annual report to the governor, legislature, and state auditor setting forth a summary of the costs
and expenditures of the plan for the preceding year. The
board shall also retain the services of an independent, certified public accountant who shall annually audit the expenses
of the fund and whose report shall be included in the board's
annual report. [2003 c 2 § 5 (Initiative Measure No. 790,
approved November 5, 2002).]
41.26.725
41.26.725 Board of trustees—Contributions—Minimum and increased benefits. (1) The board of trustees shall
establish contributions as set forth in this section. The cost of
the minimum benefits as defined in this plan shall be funded
on the following ratio:
Employee contributions
Employer contributions
State contributions
50%
30%
20%
(2) The minimum benefits shall constitute a contractual
obligation of the state and the contributing employers and
Law Enforcement Officers' and Fire Fighters' Retirement System
may not be reduced below the levels in effect on July 1, 2003.
The state and the contributing employers shall maintain the
minimum benefits on a sound actuarial basis in accordance
with the actuarial standards adopted by the board.
(3) Increased benefits created as provided for in RCW
41.26.720 are granted on a basis not to exceed the contributions provided for in this section. In addition to the contributions necessary to maintain the minimum benefits, for any
increased benefits provided for by the board, the employee
contribution shall not exceed fifty percent of the actuarial
cost of the benefit. In no instance shall the employee cost
exceed ten percent of covered payroll without the consent of
a majority of the affected employees. Employer contributions shall not exceed thirty percent of the cost, but in no
instance shall the employer contribution exceed six percent
of covered payroll. State contributions shall not exceed
twenty percent of the cost, but in no instance shall the state
contribution exceed four percent of covered payroll.
Employer contributions may not be increased above the maximum under this section without the consent of the governing
body of the employer. State contributions may not be
increased above the maximum provided for in this section
without the consent of the legislature. In the event that the
cost of maintaining the increased benefits on a sound actuarial basis exceeds the aggregate contributions provided for in
this section, the board shall submit to the affected members
of the plan the option of paying the increased costs or of having the increased benefits reduced to a level sufficient to be
maintained by the aggregate contributions. The reduction of
benefits in accordance with this section shall not be deemed a
violation of the contractual rights of the members, provided
that no reduction may result in benefits being lower than the
level of the minimum benefits.
(4) The board shall manage the trust in a manner that
maintains reasonable contributions and administrative costs.
Providing additional benefits to members and beneficiaries is
the board's priority. [2003 c 93 § 1; 2003 c 2 § 6 (Initiative
Measure No. 790, approved November 5, 2002).]
Effective date—2003 c 93: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 23, 2003]." [2003 c 93 § 2.]
41.26.730
41.26.730 Joint committee on pension policy—Pension funding council. The joint committee on pension policy established in RCW 44.44.050, and the pension funding
council created in RCW 41.45.100, shall have no applicability or authority over matters relating to this plan. [2003 c 2 §
7 (Initiative Measure No. 790, approved November 5, 2002).]
41.26.740
RCW 43.33A.160 and 43.84.160. With the exception of
these expenses, the earnings from the investment of the
money shall be retained by the law enforcement officers' and
fire fighters' retirement system plan 2 fund.
(3) All investments made by the investment board shall
be made with the exercise of that degree of judgment and care
pursuant to RCW 43.33A.140 and the investment policy
established by the state investment board.
(4) When appropriate for investment purposes, the state
investment board may commingle money in the expense fund
with other funds.
(5) The authority to establish all policies relating to the
expense fund, other than the investment policies as set forth
in subsections (2) through (4) of this section, resides with the
law enforcement officers' and fire fighters' plan 2 retirement
board. With the exception of investments by, and expenses
of, the state investment board set forth in subsection (2) of
this section, disbursements from this expense fund may be
made only on the authorization of the law enforcement officers' and fire fighters' plan 2 retirement board, and money in
the expense fund may be spent only for the purposes of
defraying the expenses of the law enforcement officers' and
fire fighters' plan 2 retirement board as provided in section 5,
chapter 2, Laws of 2003.
(6) The state investment board shall routinely consult
and communicate with the law enforcement officers' and fire
fighters' plan 2 retirement board on the investment policy,
earnings of the trust, and related needs of the expense fund.
(7) The law enforcement officers' and fire fighters' plan
2 retirement board shall administer the expense fund in a
manner reasonably designed to be actuarially sound. The
assets of the expense fund must be sufficient to defray the
obligations of the account including the costs of administration. Money used for administrative expenses is subject to
the allotment of all expenditures pursuant to chapter 43.88
RCW. However, an appropriation is not required for expenditures. Administrative expenses include, but are not limited
to, the salaries and expenses of law enforcement officers' and
fire fighters' plan 2 retirement board personnel including
lease payments, travel, and goods and services necessary for
operation of the board, audits, and other general costs of conducting the business of the board.
(8) The state investment board shall allocate from the
law enforcement officers' and fire fighters' retirement system
plan 2 fund to the expense fund the amount necessary to
cover the expenses of the law enforcement officers' and fire
fighters' plan 2 retirement board. [2003 c 92 § 6.]
41.26.735
41.26.732
41.26.732 Plan 2 expense fund—Board oversight and
administration—State investment board. (1) A law
enforcement officers' and fire fighters' retirement system plan
2 expense fund is created within the law enforcement officers' and fire fighters' retirement system plan 2 fund.
(2) The state investment board has the full power to
invest, reinvest, manage, contract, sell, or exchange investment money in the expense fund. The state investment board
is authorized to adopt investment policies for the money in
the expense fund. All investment and operating costs associated with the investment of money shall be paid pursuant to
41.26.735 Asset management. Assets of the plan shall
be managed by the state investment board as provided by
law. [2003 c 2 § 8 (Initiative Measure No. 790, approved
November 5, 2002).]
41.26.740
41.26.740 Reimbursement for expenses. All expenses
of the department and the office of the state actuary related to
the implementation of chapter 2, Laws of 2003 shall be reimbursed from the law enforcement officers' and fire fighters'
retirement system expense fund under RCW 39.34.130.
[2003 c 92 § 7.]
[2003 RCW Supp—page 489]
41.26.902
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.26.902
41.26.902 Severability—2003 c 2 (Initiative Measure
No. 790). If any provision of this act or its application to any
person or circumstance is held invalid, the remainder of the
act or the application of the provision to other persons or circumstances is not affected. [2003 c 2 § 9 (Initiative Measure
No. 790, approved November 5, 2002).]
41.26.903
41.26.903 Captions not law—2003 c 2 (Initiative
Measure No. 790). Captions used in this act are not any part
of the law. [2003 c 2 § 10 (Initiative Measure No. 790,
approved November 5, 2002).]
41.26.904
41.26.904 Effective date—2003 c 2 (Initiative Measure No. 790). Except for section 11 of this act, the remainder of this act takes effect July 1, 2003. [2003 c 2 § 13 (Initiative Measure No. 790, approved November 5, 2002).]
41.26.905
41.26.905 Severability—2003 c 92. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2003 c 92 § 11.]
41.26.906
41.26.906 Effective date—2003 c 92. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[April 23, 2003]. [2003 c 92 § 12.]
Chapter 41.31A RCW
EXTRAORDINARY INVESTMENT GAINS—PLAN 3
Chapter 41.31A
Sections
41.31A.020 Extraordinary investment gain—Credited to member
accounts—Persons eligible—Calculation of amount—Contractual right not granted. (Effective January 1, 2004.)
41.31A.020
41.31A.020 Extraordinary investment gain—Credited to member accounts—Persons eligible—Calculation
of amount—Contractual right not granted. (Effective
January 1, 2004.) (1) On January 1, 2004, and on January
1st of even-numbered years thereafter, the member account
of a person meeting the requirements of this section shall be
credited by the extraordinary investment gain amount.
(2) The following persons shall be eligible for the benefit
provided in subsection (1) of this section:
(a) Any member of the teachers' retirement system plan
3, the Washington school employees' retirement system plan
3, or the public employees' retirement system plan 3 who
earned service credit during the twelve-month period from
September 1st to August 31st immediately preceding the distribution and had a balance of at least one thousand dollars in
their member account on August 31st of the year immediately preceding the distribution; or
(b) Any person in receipt of a benefit pursuant to RCW
41.32.875, 41.35.680, or 41.40.820; or
(c) Any person who is a retiree pursuant to RCW
41.34.020(8) and who:
(i) Completed ten service credit years; or
(ii) Completed five service credit years, including twelve
service months after attaining age fifty-four; or
[2003 RCW Supp—page 490]
(d) Any teacher who is a retiree pursuant to RCW
41.34.020(8) and who has completed five service credit years
by July 1, 1996, under plan 2 and who transferred to plan 3
under RCW 41.32.817; or
(e) Any classified employee who is a retiree pursuant to
RCW 41.34.020(8) and who has completed five service
credit years by September 1, 2000, and who transferred to
plan 3 under RCW 41.35.510; or
(f) Any public employee who is a retiree pursuant to
RCW 41.34.020(8) and who has completed five service
credit years by March 1, 2002, and who transferred to plan 3
under RCW 41.40.795; or
(g) Any person who had a balance of at least one thousand dollars in their member account on August 31st of the
year immediately preceding the distribution and who:
(i) Completed ten service credit years; or
(ii) Completed five service credit years, including twelve
service months after attaining age fifty-four; or
(h) Any teacher who had a balance of at least one thousand dollars in their member account on August 31st of the
year immediately preceding the distribution and who has
completed five service credit years by July 1, 1996, under
plan 2 and who transferred to plan 3 under RCW 41.32.817;
or
(i) Any classified employee who had a balance of at least
one thousand dollars in their member account on August 31st
of the year immediately preceding the distribution and who
has completed five service credit years by September 1,
2000, and who transferred to plan 3 under RCW 41.35.510;
or
(j) Any public employee who had a balance of at least
one thousand dollars in their member account on August 31st
of the year immediately preceding the distribution and who
has completed five service credit years by March 1, 2002, and
who transferred to plan 3 under RCW 41.40.795.
(3) The extraordinary investment gain amount shall be
calculated as follows:
(a) One-half of the sum of the value of the net assets held
in trust for pension benefits in the teachers' retirement system
combined plan 2 and 3 fund, the Washington school employees' retirement system combined plan 2 and 3 fund, and the
public employees' retirement system combined plan 2 and 3
fund at the close of the previous state fiscal year not including
the amount attributable to member accounts;
(b) Multiplied by the amount which the compound average of investment returns on those assets over the previous
four state fiscal years exceeds ten percent;
(c) Multiplied by the proportion of:
(i) The sum of the service credit on August 31st of the
previous year of all persons eligible for the benefit provided
in subsection (1) of this section; to
(ii) The sum of the service credit on August 31st of the
previous year of:
(A) All persons eligible for the benefit provided in subsection (1) of this section;
(B) Any person who earned service credit in the teachers'
retirement system plan 2, the Washington school employees'
retirement system plan 2, or the public employees' retirement
system plan 2 during the twelve-month period from September 1st to August 31st immediately preceding the distribution;
Teachers' Retirement
(C) Any person in receipt of a benefit pursuant to RCW
41.32.765, 41.35.420, or 41.40.630; and
(D) Any person with five or more years of service in the
teachers' retirement system plan 2, the Washington school
employees' retirement system plan 2, or the public employees' retirement system plan 2;
(d) Divided proportionally among persons eligible for
the benefit provided in subsection (1) of this section on the
basis of their service credit total on August 31st of the previous year.
(4) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has a
contractual right to receive this distribution not granted prior
to that time. [2003 c 294 § 4; 2000 c 247 § 408; 1998 c 341
§ 312.]
Effective date—2003 c 294 § 4: "Section 4 of this act takes effect January 1, 2004." [2003 c 294 § 17.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Chapter 41.32
Chapter 41.32 RCW
TEACHERS' RETIREMENT
Sections
41.32.010
41.32.053
41.32.055
41.32.520
41.32.570
41.32.805
41.32.837
41.32.895
41.32.010
Definitions.
Death benefit—Course of employment.
Falsification—Penalty. (Effective July 1, 2004.)
Payment on death before retirement or within sixty days following application for disability retirement.
Postretirement employment—Reduction or suspension of pension payments.
Death benefits.
Right to waive benefit—Irrevocable choice.
Death benefits.
41.32.010 Definitions. As used in this chapter, unless a
different meaning is plainly required by the context:
(1)(a) "Accumulated contributions" for plan 1 members,
means the sum of all regular annuity contributions and,
except for the purpose of withdrawal at the time of retirement, any amount paid under RCW 41.50.165(2) with regular
interest thereon.
(b) "Accumulated contributions" for plan 2 members,
means the sum of all contributions standing to the credit of a
member in the member's individual account, including any
amount paid under RCW 41.50.165(2), together with the regular interest thereon.
(2) "Actuarial equivalent" means a benefit of equal value
when computed upon the basis of such mortality tables and
regulations as shall be adopted by the director and regular
interest.
(3) "Annuity" means the moneys payable per year during
life by reason of accumulated contributions of a member.
(4) "Member reserve" means the fund in which all of the
accumulated contributions of members are held.
(5)(a) "Beneficiary" for plan 1 members, means any person in receipt of a retirement allowance or other benefit provided by this chapter.
(b) "Beneficiary" for plan 2 and plan 3 members, means
any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered
to an employer by another person.
41.32.010
(6) "Contract" means any agreement for service and
compensation between a member and an employer.
(7) "Creditable service" means membership service plus
prior service for which credit is allowable. This subsection
shall apply only to plan 1 members.
(8) "Dependent" means receiving one-half or more of
support from a member.
(9) "Disability allowance" means monthly payments
during disability. This subsection shall apply only to plan 1
members.
(10)(a) "Earnable compensation" for plan 1 members,
means:
(i) All salaries and wages paid by an employer to an
employee member of the retirement system for personal services rendered during a fiscal year. In all cases where compensation includes maintenance the employer shall fix the
value of that part of the compensation not paid in money.
(ii) For an employee member of the retirement system
teaching in an extended school year program, two consecutive extended school years, as defined by the employer school
district, may be used as the annual period for determining
earnable compensation in lieu of the two fiscal years.
(iii) "Earnable compensation" for plan 1 members also
includes the following actual or imputed payments, which are
not paid for personal services:
(A) Retroactive payments to an individual by an
employer on reinstatement of the employee in a position, or
payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wages which the individual would have
earned during a payroll period shall be considered earnable
compensation and the individual shall receive the equivalent
service credit.
(B) If a leave of absence, without pay, is taken by a
member for the purpose of serving as a member of the state
legislature, and such member has served in the legislature
five or more years, the salary which would have been
received for the position from which the leave of absence was
taken shall be considered as compensation earnable if the
employee's contribution thereon is paid by the employee. In
addition, where a member has been a member of the state legislature for five or more years, earnable compensation for the
member's two highest compensated consecutive years of service shall include a sum not to exceed thirty-six hundred dollars for each of such two consecutive years, regardless of
whether or not legislative service was rendered during those
two years.
(iv) For members employed less than full time under
written contract with a school district, or community college
district, in an instructional position, for which the member
receives service credit of less than one year in all of the years
used to determine the earnable compensation used for computing benefits due under RCW 41.32.497, 41.32.498, and
41.32.520, the member may elect to have earnable compensation defined as provided in RCW 41.32.345. For the purposes of this subsection, the term "instructional position"
means a position in which more than seventy-five percent of
the member's time is spent as a classroom instructor (including office hours), a librarian, or a counselor. Earnable compensation shall be so defined only for the purpose of the calculation of retirement benefits and only as necessary to insure
[2003 RCW Supp—page 491]
41.32.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
that members who receive fractional service credit under
RCW 41.32.270 receive benefits proportional to those
received by members who have received full-time service
credit.
(v) "Earnable compensation" does not include:
(A) Remuneration for unused sick leave authorized
under RCW 41.04.340, 28A.400.210, or 28A.310.490;
(B) Remuneration for unused annual leave in excess of
thirty days as authorized by RCW 43.01.044 and 43.01.041.
(b) "Earnable compensation" for plan 2 and plan 3 members, means salaries or wages earned by a member during a
payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under
provisions established pursuant to sections 403(b), 414(h),
and 457 of the United States Internal Revenue Code, but shall
exclude lump sum payments for deferred annual sick leave,
unused accumulated vacation, unused accumulated annual
leave, or any form of severance pay.
"Earnable compensation" for plan 2 and plan 3 members
also includes the following actual or imputed payments
which, except in the case of (b)(ii)(B) of this subsection, are
not paid for personal services:
(i) Retroactive payments to an individual by an employer
on reinstatement of the employee in a position or payments
by an employer to an individual in lieu of reinstatement in a
position which are awarded or granted as the equivalent of
the salary or wages which the individual would have earned
during a payroll period shall be considered earnable compensation, to the extent provided above, and the individual shall
receive the equivalent service credit.
(ii) In any year in which a member serves in the legislature the member shall have the option of having such member's earnable compensation be the greater of:
(A) The earnable compensation the member would have
received had such member not served in the legislature; or
(B) Such member's actual earnable compensation
received for teaching and legislative service combined. Any
additional contributions to the retirement system required
because compensation earnable under (b)(ii)(A) of this subsection is greater than compensation earnable under (b)(ii)(B)
of this subsection shall be paid by the member for both member and employer contributions.
(11) "Employer" means the state of Washington, the
school district, or any agency of the state of Washington by
which the member is paid.
(12) "Fiscal year" means a year which begins July 1st
and ends June 30th of the following year.
(13) "Former state fund" means the state retirement fund
in operation for teachers under chapter 187, Laws of 1923, as
amended.
(14) "Local fund" means any of the local retirement
funds for teachers operated in any school district in accordance with the provisions of chapter 163, Laws of 1917 as
amended.
(15) "Member" means any teacher included in the membership of the retirement system. Also, any other employee
of the public schools who, on July 1, 1947, had not elected to
be exempt from membership and who, prior to that date, had
by an authorized payroll deduction, contributed to the member reserve.
[2003 RCW Supp—page 492]
(16) "Membership service" means service rendered subsequent to the first day of eligibility of a person to membership in the retirement system: PROVIDED, That where a
member is employed by two or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service is rendered.
The provisions of this subsection shall apply only to plan 1
members.
(17) "Pension" means the moneys payable per year during life from the pension reserve.
(18) "Pension reserve" is a fund in which shall be accumulated an actuarial reserve adequate to meet present and
future pension liabilities of the system and from which all
pension obligations are to be paid.
(19) "Prior service" means service rendered prior to the
first date of eligibility to membership in the retirement system for which credit is allowable. The provisions of this subsection shall apply only to plan 1 members.
(20) "Prior service contributions" means contributions
made by a member to secure credit for prior service. The provisions of this subsection shall apply only to plan 1 members.
(21) "Public school" means any institution or activity
operated by the state of Washington or any instrumentality or
political subdivision thereof employing teachers, except the
University of Washington and Washington State University.
(22) "Regular contributions" means the amounts
required to be deducted from the compensation of a member
and credited to the member's individual account in the member reserve. This subsection shall apply only to plan 1 members.
(23) "Regular interest" means such rate as the director
may determine.
(24)(a) "Retirement allowance" for plan 1 members,
means monthly payments based on the sum of annuity and
pension, or any optional benefits payable in lieu thereof.
(b) "Retirement allowance" for plan 2 and plan 3 members, means monthly payments to a retiree or beneficiary as
provided in this chapter.
(25) "Retirement system" means the Washington state
teachers' retirement system.
(26)(a) "Service" for plan 1 members means the time
during which a member has been employed by an employer
for compensation.
(i) If a member is employed by two or more employers
the individual shall receive no more than one service credit
month during any calendar month in which multiple service
is rendered.
(ii) As authorized by RCW 28A.400.300, up to forty-five
days of sick leave may be creditable as service solely for the
purpose of determining eligibility to retire under RCW
41.32.470.
(iii) As authorized in RCW 41.32.065, service earned in
an out-of-state retirement system that covers teachers in public schools may be applied solely for the purpose of determining eligibility to retire under RCW 41.32.470.
(b) "Service" for plan 2 and plan 3 members, means periods of employment by a member for one or more employers
for which earnable compensation is earned subject to the following conditions:
(i) A member employed in an eligible position or as a
substitute shall receive one service credit month for each
Teachers' Retirement
month of September through August of the following year if
he or she earns earnable compensation for eight hundred ten
or more hours during that period and is employed during nine
of those months, except that a member may not receive credit
for any period prior to the member's employment in an eligible position except as provided in RCW 41.32.812 and
41.50.132;
(ii) If a member is employed either in an eligible position
or as a substitute teacher for nine months of the twelve month
period between September through August of the following
year but earns earnable compensation for less than eight hundred ten hours but for at least six hundred thirty hours, he or
she will receive one-half of a service credit month for each
month of the twelve month period;
(iii) All other members in an eligible position or as a substitute teacher shall receive service credit as follows:
(A) A service credit month is earned in those calendar
months where earnable compensation is earned for ninety or
more hours;
(B) A half-service credit month is earned in those calendar months where earnable compensation is earned for at
least seventy hours but less than ninety hours; and
(C) A quarter-service credit month is earned in those calendar months where earnable compensation is earned for less
than seventy hours.
(iv) Any person who is a member of the teachers' retirement system and who is elected or appointed to a state elective position may continue to be a member of the retirement
system and continue to receive a service credit month for
each of the months in a state elective position by making the
required member contributions.
(v) When an individual is employed by two or more
employers the individual shall only receive one month's service credit during any calendar month in which multiple service for ninety or more hours is rendered.
(vi) As authorized by RCW 28A.400.300, up to fortyfive days of sick leave may be creditable as service solely for
the purpose of determining eligibility to retire under RCW
41.32.470. For purposes of plan 2 and plan 3 "forty-five
days" as used in RCW 28A.400.300 is equal to two service
credit months. Use of less than forty-five days of sick leave
is creditable as allowed under this subsection as follows:
(A) Less than eleven days equals one-quarter service
credit month;
(B) Eleven or more days but less than twenty-two days
equals one-half service credit month;
(C) Twenty-two days equals one service credit month;
(D) More than twenty-two days but less than thirty-three
days equals one and one-quarter service credit month;
(E) Thirty-three or more days but less than forty-five
days equals one and one-half service credit month.
(vii) As authorized in RCW 41.32.065, service earned in
an out-of-state retirement system that covers teachers in public schools may be applied solely for the purpose of determining eligibility to retire under RCW 41.32.470.
(viii) The department shall adopt rules implementing this
subsection.
(27) "Service credit year" means an accumulation of
months of service credit which is equal to one when divided
by twelve.
41.32.010
(28) "Service credit month" means a full service credit
month or an accumulation of partial service credit months
that are equal to one.
(29) "Teacher" means any person qualified to teach who
is engaged by a public school in an instructional, administrative, or supervisory capacity. The term includes state, educational service district, and school district superintendents and
their assistants and all employees certificated by the superintendent of public instruction; and in addition thereto any full
time school doctor who is employed by a public school and
renders service of an instructional or educational nature.
(30) "Average final compensation" for plan 2 and plan 3
members, means the member's average earnable compensation of the highest consecutive sixty service credit months
prior to such member's retirement, termination, or death.
Periods constituting authorized leaves of absence may not be
used in the calculation of average final compensation except
under RCW 41.32.810(2).
(31) "Retiree" means any person who has begun accruing a retirement allowance or other benefit provided by this
chapter resulting from service rendered to an employer while
a member.
(32) "Department" means the department of retirement
systems created in chapter 41.50 RCW.
(33) "Director" means the director of the department.
(34) "State elective position" means any position held by
any person elected or appointed to statewide office or elected
or appointed as a member of the legislature.
(35) "State actuary" or "actuary" means the person
appointed pursuant to RCW 44.44.010(2).
(36) "Substitute teacher" means:
(a) A teacher who is hired by an employer to work as a
temporary teacher, except for teachers who are annual contract employees of an employer and are guaranteed a minimum number of hours; or
(b) Teachers who either (i) work in ineligible positions
for more than one employer or (ii) work in an ineligible position or positions together with an eligible position.
(37)(a) "Eligible position" for plan 2 members from June
7, 1990, through September 1, 1991, means a position which
normally requires two or more uninterrupted months of creditable service during September through August of the following year.
(b) "Eligible position" for plan 2 and plan 3 on and after
September 1, 1991, means a position that, as defined by the
employer, normally requires five or more months of at least
seventy hours of earnable compensation during September
through August of the following year.
(c) For purposes of this chapter an employer shall not
define "position" in such a manner that an employee's
monthly work for that employer is divided into more than one
position.
(d) The elected position of the superintendent of public
instruction is an eligible position.
(38) "Plan 1" means the teachers' retirement system, plan
1 providing the benefits and funding provisions covering persons who first became members of the system prior to October 1, 1977.
(39) "Plan 2" means the teachers' retirement system, plan
2 providing the benefits and funding provisions covering per[2003 RCW Supp—page 493]
41.32.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
sons who first became members of the system on and after
October 1, 1977, and prior to July 1, 1996.
(40) "Plan 3" means the teachers' retirement system, plan
3 providing the benefits and funding provisions covering persons who first become members of the system on and after
July 1, 1996, or who transfer under RCW 41.32.817.
(41) "Index" means, for any calendar year, that year's
annual average consumer price index, Seattle, Washington
area, for urban wage earners and clerical workers, all items
compiled by the bureau of labor statistics, United States
department of labor.
(42) "Index A" means the index for the year prior to the
determination of a postretirement adjustment.
(43) "Index B" means the index for the year prior to
index A.
(44) "Index year" means the earliest calendar year in
which the index is more than sixty percent of index A.
(45) "Adjustment ratio" means the value of index A
divided by index B.
(46) "Annual increase" means, initially, fifty-nine cents
per month per year of service which amount shall be
increased each July 1st by three percent, rounded to the nearest cent.
(47) "Member account" or "member's account" for purposes of plan 3 means the sum of the contributions and earnings on behalf of the member in the defined contribution portion of plan 3.
(48) "Separation from service or employment" occurs
when a person has terminated all employment with an
employer.
(49) "Employed" or "employee" means a person who is
providing services for compensation to an employer, unless
the person is free from the employer's direction and control
over the performance of work. The department shall adopt
rules and interpret this subsection consistent with common
law. [2003 c 31 § 1; 1997 c 254 § 3; 1996 c 39 § 1. Prior:
1995 c 345 § 9; 1995 c 239 § 102; prior: 1994 c 298 § 3; 1994
c 247 § 2; 1994 c 197 § 12; 1993 c 95 § 7; prior: 1992 c 212
§ 1; 1992 c 3 § 3; prior: 1991 c 343 § 3; 1991 c 35 § 31; 1990
c 274 § 2; 1987 c 265 § 1; 1985 c 13 § 6; prior: 1984 c 256 §
1; 1984 c 5 § 1; 1983 c 5 § 1; 1982 1st ex.s. c 52 § 6; 1981 c
256 § 5; 1979 ex.s. c 249 § 5; 1977 ex.s. c 293 § 18; 1975 1st
ex.s. c 275 § 149; 1974 ex.s. c 199 § 1; 1969 ex.s. c 176 § 95;
1967 c 50 § 11; 1965 ex.s. c 81 § 1; 1963 ex.s. c 14 § 1; 1955
c 274 § 1; 1947 c 80 § 1; Rem. Supp. 1947 § 4995-20; prior:
1941 c 97 § 1; 1939 c 86 § 1; 1937 c 221 § 1; 1931 c 115 § 1;
1923 c 187 § 1; 1917 c 163 § 1; Rem. Supp. 1941 § 4995-1.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Retroactive application—Effective date—1993 c 95: See notes following RCW 41.40.175.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—1990 c 274: "(1) The current system for calculating service
credit for school district employees is difficult and costly to administer. By
changing from the current hours per month calculation to an hours per year
calculation, the accumulation of service credit by school district employees
will be easier to understand and to administer.
(2) The current system for granting service credit for substitute teachers is difficult and costly to administer. By notifying substitute teachers of
their eligibility for service credit and allowing the substitute teacher to apply
for service credit, the accumulation of service credit by substitute teachers
will be easier to understand and to administer.
(3) Currently, temporary employees in eligible positions in the public
employees' retirement system are exempted from membership in the system
for up to six months. If the position lasts for longer than six months the
employee is made a member retroactively. This conditional exemption
causes tracking problems for the department of retirement systems and
places a heavy financial burden for back contributions on a temporary
employee who crosses the six-month barrier. Under the provisions of this act
all persons, other than retirees, who are hired in an eligible position will
become members immediately, thereby alleviating the problems described in
this section.
(4) The legislature finds that retirees from the plan 2 systems of the law
enforcement officers' and fire fighters' retirement system, the teachers' retirement system, and the public employees' retirement system, may not work for
a nonfederal public employer without suffering a suspension of their retirement benefits. This fails to recognize the current and projected demographics indicating the decreasing work force and that the expertise possessed by
retired workers can provide a substantial benefit to the state. At the same
time, the legislature recognizes that a person who is working full time should
have his or her pension delayed until he or she enters full or partial retirement. By allowing plan 2 retirees to work in ineligible positions, the competing concerns listed above are both properly addressed." [1990 c 274 § 1.]
Intent—Reservation—1990 c 274 §§ 2, 4: "(1) The 1990 amendments
to RCW 41.32.010(27)(b) and 41.40.450 are intended by the legislature to
effect administrative, rather than substantive, changes to the affected retirement plan. The legislature therefore reserves the right to revoke or amend
the 1990 amendments to RCW 41.32.010(27)(b) and 41.40.450. No member
is entitled to have his or her service credit calculated under the 1990 amendments to RCW 41.32.010(27)(b) and 41.40.450 as a matter of contractual
right.
(2) The department's retroactive application of the changes made in
RCW 41.32.010(27)(b) to all service rendered between October 1, 1977, and
August 31, 1990, is consistent with the legislative intent of the 1990 changes
to RCW 41.32.010(27)(b)." [1994 c 177 § 10; 1990 c 274 § 18.]
Effective date—1990 c 274: "Sections 1 through 8 of this act shall take
effect September 1, 1990." [1990 c 274 § 21.]
Construction—1990 c 274: "This act shall not be construed as affecting any existing right acquired or liability or obligation incurred under the
sections amended or repealed in this act or under any rule or order adopted
under those sections, nor as affecting any proceeding instituted under those
sections." [1990 c 274 § 17.]
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Purpose—Application—Retrospective application—1985 c 13: See
notes following RCW 41.04.445.
Effective dates—1996 c 39: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1996,
with the exception of section 23 of this act, which shall take effect immediately [March 13, 1996]." [1996 c 39 § 25.]
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
Effective date—Severability—1977 ex.s. c 293: See notes following
RCW 41.32.755.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Intent—1994 c 298: See note following RCW 41.40.010.
Effective date—1994 c 247: See note following RCW 41.32.4991.
[2003 RCW Supp—page 494]
Purpose—Severability—1981 c 256: See notes following RCW
41.26.030.
Emergency—1974 ex.s. c 199: "This 1974 amendatory act is necessary
for the immediate preservation of the public peace, health and safety, the
support of the state government and its existing public institutions, and shall
take effect immediately." [1974 ex.s. c 199 § 7.]
Severability—1974 ex.s. c 199: "If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the
Teachers' Retirement
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1974 ex.s. c 199 § 8.]
Construction—1974 ex.s. c 199: "(1) Subsection (3) of section 4 of
this 1974 amendatory act relating to elected and appointed officials shall be
retroactive to January 1, 1973.
(2) Amendatory language contained in subsection (11) of section 1
relating to members as members of the legislature and in provisos (2) and (3)
of section 2 of this 1974 amendatory act shall only apply to those members
who are serving as a state senator, state representative or state superintendent
of public instruction on or after the effective date of this 1974 amendatory
act.
(3) Notwithstanding any other provision of this 1974 amendatory act,
RCW 41.32.497 as last amended by section 2, chapter 189, Laws of 1973 1st
ex. sess. shall be applicable to any member serving as a state senator, state
representative or superintendent of public instruction on the effective date of
this 1974 amendatory act." [1974 ex.s. c 199 § 5.]
Reviser's note: (1) "Subsection (3) of section 4 of this 1974 amendatory act" is codified as RCW 41.32.498(3).
(2) Sections 1 and 2 of 1974 ex.s. c 199 consist of amendments to RCW
41.32.010 and 41.32.260. For amendatory language, a portion of which was
vetoed, see the 1973-1974 session laws.
(3) "this 1974 amendatory act" [1974 ex.s. c 199] is codified in RCW
41.32.010, 41.32.260, 41.32.497, 41.32.498, and 41.32.4945. The effective
date of 1974 ex.s. c 199 is May 6, 1974.
Effective date—1969 ex.s. c 176: The effective date of the amendments to this section and RCW 41.32.420 is April 25, 1969.
Effective date—1967 c 50: "This 1967 amendatory act shall take effect
on July 1, 1967." [1967 c 50 § 12.]
Severability—1967 c 50: "If any provision of this 1967 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of this 1967 amendatory act, or the application of the provision to
other persons or circumstances is not affected." [1967 c 50 § 13.]
Severability—1965 ex.s. c 81: "If any provision of this act is held to be
invalid the remainder of this act shall not be affected." [1965 ex.s. c 81 § 9.]
Effective date—1965 ex.s. c 81: "The effective date of this act is July
1, 1965." [1965 ex.s. c 81 § 10.]
Savings—1963 ex.s. c 14: "The amendment of any section by this 1963
act shall not be construed as impairing any existing right acquired or any liability incurred by any member under the provisions of the section amended;
nor shall it affect any vested right of any former member who reenters public
school employment or becomes reinstated as a member subsequent to the
effective date of such act." [1963 ex.s. c 14 § 23.]
Severability—1963 ex.s. c 14: "If any provision of this act is held to be
invalid the remainder of the act shall not be affected." [1963 ex.s. c 14 § 24.]
Effective date—1963 ex.s. c 14: "The effective date of this act is July
1, 1964." [1963 ex.s. c 14 § 26.]
41.32.053
41.32.053 Death benefit—Course of employment. (1)
A one hundred fifty thousand dollar death benefit shall be
paid to the member's estate, or such person or persons, trust
or organization as the member has nominated by written designation duly executed and filed with the department. If no
such designated person or persons are still living at the time
of the member's death, the member's death benefit shall be
paid to the member's surviving spouse as if in fact the spouse
had been nominated by written designation, or if there is no
surviving spouse, then to the member's legal representatives.
(2) The benefit under this section shall be paid only
where death occurs as a result of injuries sustained in the
course of employment. The determination of eligibility for
the benefit shall be made consistent with Title 51 RCW by
the department of labor and industries. The department of
labor and industries shall notify the department of retirement
systems by order under RCW 51.52.050. [2003 c 402 § 2.]
41.32.055
41.32.055 Falsification—Penalty. (Effective July 1,
2004.) Any person who shall knowingly make false state-
41.32.520
ments or shall falsify or permit to be falsified any record or
records of the retirement system in any attempt to defraud
such system as a result of such act, is guilty of a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53
§ 218; 1947 c 80 § 67; Rem. Supp. 1947 § 4995-86. Prior:
1937 c 221 § 10. Formerly RCW 41.32.670.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
41.32.520
41.32.520 Payment on death before retirement or
within sixty days following application for disability
retirement. (1) Except as specified in subsection (3) of this
section, upon receipt of proper proofs of death of any member before retirement or before the first installment of his or
her retirement allowance shall become due his or her accumulated contributions, less any amount identified as owing to
an obligee upon withdrawal of accumulated contributions
pursuant to a court order filed under RCW 41.50.670, and/or
other benefits payable upon his or her death shall be paid to
his or her estate or to such persons, trust, or organization as he
or she shall have nominated by written designation duly executed and filed with the department. If a member fails to file
a new beneficiary designation subsequent to marriage,
divorce, or reestablishment of membership following termination by withdrawal, lapsation, or retirement, payment of his
or her accumulated contributions, less any amount identified
as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW
41.50.670, and/or other benefits upon death before retirement
shall be made to the surviving spouse, if any; otherwise, to
his or her estate. If a member had established ten or more
years of Washington membership service credit or was eligible for retirement, the beneficiary or the surviving spouse if
otherwise eligible may elect, in lieu of a cash refund of the
member's accumulated contributions, the following survivor
benefit plan actuarially reduced, except under subsection (4)
of this section, by the amount of any lump sum benefit identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW
41.50.670:
(a) A widow or widower, without a child or children
under eighteen years of age, may elect a monthly payment of
fifty dollars to become effective at age fifty, provided the
member had fifteen or more years of Washington membership service credit. A benefit paid under this subsection
(1)(a) shall terminate at the marriage of the beneficiary.
(b) The beneficiary, if a surviving spouse or a dependent
(as that term is used in computing the dependent exemption
for federal internal revenue purposes) may elect to receive a
joint and one hundred percent retirement allowance under
RCW 41.32.530.
(i) In the case of a dependent child the allowance shall
continue until attainment of majority or so long as the department judges that the circumstances which created his or her
dependent status continue to exist. In any case, if at the time
dependent status ceases, an amount equal to the amount of
accumulated contributions of the deceased member has not
been paid to the beneficiary, the remainder shall then be paid
in a lump sum to the beneficiary.
(ii) If at the time of death, the member was not then qualified for a service retirement allowance, the benefit shall be
[2003 RCW Supp—page 495]
41.32.570
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.32.570
based upon the actuarial equivalent of the sum necessary to
pay the accrued regular retirement allowance commencing
when the deceased member would have first qualified for a
service retirement allowance.
(2) If no qualified beneficiary survives a member, at his
or her death his or her accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670, shall be paid to his or her estate, or his
or her dependents may qualify for survivor benefits under
benefit plan (1)(b) in lieu of a cash refund of the members
accumulated contributions in the following order: Widow or
widower, guardian of a dependent child or children under age
eighteen, or dependent parent or parents.
(3) If a member dies within sixty days following application for disability retirement under RCW 41.32.550, the beneficiary named in the application may elect to receive the
benefit provided by:
(a) This section; or
(b) RCW 41.32.550, according to the option chosen
under RCW 41.32.530 in the disability application.
(4) The retirement allowance of a member who is killed
in the course of employment, as determined by the director of
the department of labor and industries, is not subject to an
actuarial reduction. The member's retirement allowance is
computed under RCW 41.32.480. [2003 c 155 § 1; 1997 c 73
§ 1; 1995 c 144 § 9; 1993 c 16 § 1; 1992 c 212 § 7. Prior:
1991 c 365 § 29; 1991 c 35 § 58; 1990 c 249 § 15; 1974 ex.s.
c 193 § 5; 1973 2nd ex.s. c 32 § 4; 1973 1st ex.s. c 154 § 76;
1967 c 50 § 7; 1965 ex.s. c 81 § 6; 1957 c 183 § 3; 1955 c 274
§ 25; 1947 c 80 § 52; Rem. Supp. 1947 § 4995-71; prior:
1941 c 97 § 6; 1939 c 86 § 6; 1937 c 221 § 7; 1923 c 187 §
22; 1917 c 163 § 21; Rem. Supp. 1941 § 4995-7.]
Application—2003 c 155: "This act applies to any member killed in
the course of employment, as determined by the director of the department of
labor and industries, on or after July 1, 2001." [2003 c 155 § 9.]
Effective date—1997 c 73: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 19, 1997]." [1997 c 73 § 4.]
Application—1993 c 16 § 1: "The provisions of section 1(3) of this act
shall apply to all determinations of disability made after June 30, 1992."
[1993 c 16 § 2.]
Effective date—1993 c 16: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 12, 1993]." [1993 c 16 § 3.]
Severability—1991 c 365: See note following RCW 41.50.500.
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—1990 c 249: See note following RCW 2.10.146.
Emergency—Severability—1974 ex.s. c 193: See notes following
RCW 41.32.310.
Emergency—Severability—1973 2nd ex.s. c 32: See notes following
RCW 41.32.310.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Effective date—Severability—1967 c 50: See notes following RCW
41.32.010.
Effective date—Severability—1965 ex.s. c 81: See notes following
RCW 41.32.010.
Severability—1957 c 183: See RCW 41.33.900.
[2003 RCW Supp—page 496]
41.32.570 Postretirement employment—Reduction
or suspension of pension payments. (1)(a) If a retiree
enters employment with an employer sooner than one calendar month after his or her accrual date, the retiree's monthly
retirement allowance will be reduced by five and one-half
percent for every seven hours worked during that month.
This reduction will be applied each month until the retiree
remains absent from employment with an employer for one
full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred forty hours
per month. Any monthly benefit reduction over one hundred
percent will be applied to the benefit the retiree is eligible to
receive in subsequent months.
(2) Any retired teacher or retired administrator who
enters service in any public educational institution in Washington state and who has satisfied the break in employment
requirement of subsection (1) of this section shall cease to
receive pension payments while engaged in such service,
after the retiree has rendered service for more than one thousand five hundred hours in a school year. When a retired
teacher or administrator renders service beyond eight hundred sixty-seven hours, the department shall collect from the
employer the applicable employer retirement contributions
for the entire duration of the member's employment during
that fiscal year.
(3) The department shall collect and provide the state
actuary with information relevant to the use of this section for
the select committee on pension policy.
(4) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has a
contractual right to be employed for more than five hundred
twenty-five hours per year without a reduction of his or her
pension. [2003 c 295 § 6. Prior: 2001 2nd sp.s. c 10 § 3;
(2001 c 317 § 1 repealed by 2003 c 412 § 3); 1999 c 387 § 1;
1997 c 254 § 5; 1995 c 264 § 1; 1994 c 69 § 2; 1989 c 273 §
29; 1986 c 237 § 1; 1967 c 151 § 5; 1959 c 37 § 3; 1955 c 274
§ 30; 1947 c 80 § 57; Rem. Supp. 1947 § 4995-76.]
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Effective date—1995 c 264: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 5, 1995]." [1995 c 264 § 2.]
Findings—1994 c 69: "The legislature finds that there is a shortage of
certificated substitute teachers in many regions of the state, and that this
shortage will likely increase in the coming years. The legislature further
finds that one method of reducing this shortage of substitute teachers is to
encourage retired teachers to serve as substitutes by increasing the number of
days they can work without affecting their retirement payments." [1994 c 69
§ 1.]
Severability—1989 c 273: See RCW 41.45.900.
Effective date—Severability—1967 c 151: See notes following RCW
41.32.480.
41.32.805
41.32.805 Death benefits. (1) Except as provided in
RCW 11.07.010, if a member or a vested member who has
not completed at least ten years of service dies, the amount of
the accumulated contributions standing to such member's
credit in the retirement system, less any amount identified as
owing to an obligee upon withdrawal of accumulated contri-
Teachers' Retirement
butions pursuant to a court order filed under RCW 41.50.670,
at the time of such member's death shall be paid to the member's estate, or such person or persons, trust, or organization
as the member shall have nominated by written designation
duly executed and filed with the department. If there be no
such designated person or persons still living at the time of
the member's death, such member's accumulated contributions standing to such member's credit in the retirement system, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, shall be paid to the member's surviving spouse as if in fact such spouse had been nominated by written designation, or if there be no such surviving
spouse, then to such member's legal representatives.
(2) If a member who is eligible for retirement or a member who has completed at least ten years of service dies, the
surviving spouse or eligible children shall elect to receive
either:
(a) A retirement allowance computed as provided for in
RCW 41.32.765, actuarially reduced by the amount of any
lump sum benefit identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670 and actuarially adjusted to
reflect a joint and one hundred percent survivor option under
RCW 41.32.785 and, except under subsection (4) of this section, if the member was not eligible for normal retirement at
the date of death a further reduction as described in RCW
41.32.765; if a surviving spouse who is receiving a retirement
allowance dies leaving a child or children of the member
under the age of majority, then such child or children shall
continue to receive an allowance in an amount equal to that
which was being received by the surviving spouse, share and
share alike, until such child or children reach the age of
majority; if there is no surviving spouse eligible to receive an
allowance at the time of the member's death, such member's
child or children under the age of majority shall receive an
allowance share and share alike calculated as herein provided
making the assumption that the ages of the spouse and member were equal at the time of the member's death; or
(b) The member's accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670.
(3) If a member who is eligible for retirement or a member who has completed at least ten years of service dies after
October 1, 1977, and is not survived by a spouse or an eligible child, then the accumulated contributions standing to the
member's credit, less any amount identified as owing to an
obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be
paid:
(a) To an estate, a person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department; or
(b) If there is no such designated person or persons still
living at the time of the member's death, then to the member's
legal representatives.
(4) A member who is killed in the course of employment,
as determined by the director of the department of labor and
industries, is not subject to an actuarial reduction under RCW
41.32.765. The member's retirement allowance is computed
41.32.895
under RCW 41.32.760. [2003 c 155 § 2; 2000 c 247 § 1002;
1995 c 144 § 16; 1993 c 236 § 4; 1991 c 365 § 30; 1990 c 249
§ 16; 1977 ex.s. c 293 § 12.]
Applicability—2003 c 155: See note following RCW 41.32.520.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Severability—1991 c 365: See note following RCW 41.50.500.
Findings—1990 c 249: See note following RCW 2.10.146.
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.32.837
41.32.837 Right to waive benefit—Irrevocable
choice. Any member receiving or having received a distribution under chapter 41.34 RCW may make an irrevocable
choice to waive all rights to a benefit under RCW 41.32.840
by notifying the department in writing of their intention.
[2003 c 349 § 1.]
Effective date—2003 c 349: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 16, 2003]." [2003 c 349 § 4.]
41.32.895
41.32.895 Death benefits. (1) If a member dies prior to
retirement, the surviving spouse or eligible child or children
shall receive a retirement allowance computed as provided in
RCW 41.32.851 actuarially reduced to reflect a joint and one
hundred percent survivor option and, except under subsection
(2) of this section, if the member was not eligible for normal
retirement at the date of death a further reduction as described
in RCW 41.32.875.
If the surviving spouse who is receiving the retirement
allowance dies leaving a child or children under the age of
majority, then such child or children shall continue to receive
an allowance in an amount equal to that which was being
received by the surviving spouse, share and share alike, until
such child or children reach the age of majority.
If there is no surviving spouse eligible to receive an
allowance at the time of the member's death, such member's
child or children under the age of majority shall receive an
allowance, share and share alike. The allowance shall be calculated with the assumption that the age of the spouse and
member were equal at the time of the member's death.
(2) A member who is killed in the course of employment,
as determined by the director of the department of labor and
industries, is not subject to an actuarial reduction under RCW
41.32.875. The member's retirement allowance is computed
under RCW 41.32.840. [2003 c 155 § 3; 2000 c 247 § 1003;
1996 c 39 § 7; 1995 c 239 § 117.]
Applicability—2003 c 155: See note following RCW 41.32.520.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
[2003 RCW Supp—page 497]
Chapter 41.34
Title 41 RCW: Public Employment, Civil Service, and Pensions
Chapter 41.34 RCW
PLAN 3 RETIREMENT SYSTEM CONTRIBUTIONS
Chapter 41.34
(Formerly: Contributions under teachers' retirement system plan 3)
Sections
41.34.040
Contributions—Rate structures—Annual option.
41.34.040
41.34.040 Contributions—Rate structures—Annual
option. (1) A member shall contribute from his or her compensation according to one of the following rate structures in
addition to the mandatory minimum five percent:
Option A
All Ages
Option B
Up to Age 35
Age 35 to 44
Age 45 and above
Option C
Up to Age 35
Age 35 to 44
Age 45 and above
Option D
All Ages
Option E
All Ages
Option F
All Ages
Contribution Rate
0.0% fixed
0.0%
1.0%
2.5%
1.0%
2.5%
3.5%
2.0%
5.0%
10.0%
(2) The board shall have the right to offer contribution
rate options in addition to those listed in subsection (1) of this
section, provided that no significant additional administrative
costs are created. All options offered by the board shall conform to the requirements stated in subsections (3) and (5) of
this section.
(3)(a) For members of the teachers' retirement system
entering plan 3 under RCW 41.32.835 or members of the
school employees' retirement system entering plan 3 under
RCW 41.35.610, within ninety days of becoming a member
he or she has an option to choose one of the above contribution rate structures. If the member does not select an option
within the ninety-day period, he or she shall be assigned
option A.
(b) For members of the public employees' retirement
system entering plan 3 under RCW 41.40.785, within the
ninety days described in RCW 41.40.785 an employee who
irrevocably chooses plan 3 shall select one of the above contribution rate structures. If the member does not select an
option within the ninety-day period, he or she shall be
assigned option A.
(c) For members of the teachers' retirement system transferring to plan 3 under RCW 41.32.817, members of the
school employees' retirement system transferring to plan 3
under RCW 41.35.510, or members of the public employees'
retirement system transferring to plan 3 under RCW
41.40.795, upon election to plan 3 he or she must choose one
of the above contribution rate structures.
(d) Within ninety days of the date that an employee
changes employers, he or she has an option to choose one of
the above contribution rate structures. If the member does
[2003 RCW Supp—page 498]
not select an option within this ninety-day period, he or she
shall be assigned option A.
(4) Each year, members may change their contribution
rate option by notifying their employer in writing during the
month of January.
(5) Contributions shall begin the first day of the pay
cycle in which the rate option is made, or the first day of the
pay cycle in which the end of the ninety-day period occurs.
[2003 c 156 § 1; 2000 c 247 § 403; 1996 c 39 § 14; 1995 c 239
§ 204.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Chapter 41.35
Chapter 41.35 RCW
WASHINGTON SCHOOL EMPLOYEES'
RETIREMENT SYSTEM
Sections
41.35.010
41.35.030
41.35.033
41.35.115
41.35.460
41.35.612
41.35.640
41.35.710
41.35.010
Definitions.
Membership.
Membership—Service credit—Substitute employees—Rules.
Death benefit—Course of employment.
Death benefits.
Right to waive benefit—Irrevocable choice.
Application for and effective date of retirement allowances.
Death benefits.
41.35.010 Definitions. The definitions in this section
apply throughout this chapter, unless the context clearly
requires otherwise.
(1) "Retirement system" means the Washington school
employees' retirement system provided for in this chapter.
(2) "Department" means the department of retirement
systems created in chapter 41.50 RCW.
(3) "State treasurer" means the treasurer of the state of
Washington.
(4) "Employer," for plan 2 and plan 3 members, means a
school district or an educational service district.
(5) "Member" means any employee included in the
membership of the retirement system, as provided for in
RCW 41.35.030.
(6)(a) "Compensation earnable" for plan 2 and plan 3
members, means salaries or wages earned by a member during a payroll period for personal services, including overtime
payments, and shall include wages and salaries deferred
under provisions established pursuant to sections 403(b),
414(h), and 457 of the United States internal revenue code,
but shall exclude nonmoney maintenance compensation and
lump sum or other payments for deferred annual sick leave,
unused accumulated vacation, unused accumulated annual
leave, or any form of severance pay.
(b) "Compensation earnable" for plan 2 and plan 3 members also includes the following actual or imputed payments,
which are not paid for personal services:
(i) Retroactive payments to an individual by an employer
on reinstatement of the employee in a position, or payments
by an employer to an individual in lieu of reinstatement,
which are awarded or granted as the equivalent of the salary
or wage which the individual would have earned during a
Washington School Employees' Retirement System
payroll period shall be considered compensation earnable to
the extent provided in this subsection, and the individual shall
receive the equivalent service credit;
(ii) In any year in which a member serves in the legislature, the member shall have the option of having such member's compensation earnable be the greater of:
(A) The compensation earnable the member would have
received had such member not served in the legislature; or
(B) Such member's actual compensation earnable
received for nonlegislative public employment and legislative service combined. Any additional contributions to the
retirement system required because compensation earnable
under (b)(ii)(A) of this subsection is greater than compensation earnable under this (b)(ii)(B) of this subsection shall be
paid by the member for both member and employer contributions;
(iii) Assault pay only as authorized by RCW 27.04.100,
72.01.045, and 72.09.240;
(iv) Compensation that a member would have received
but for a disability occurring in the line of duty only as authorized by RCW 41.40.038;
(v) Compensation that a member receives due to participation in the leave sharing program only as authorized by
RCW 41.04.650 through 41.04.670; and
(vi) Compensation that a member receives for being in
standby status. For the purposes of this section, a member is
in standby status when not being paid for time actually
worked and the employer requires the member to be prepared
to report immediately for work, if the need arises, although
the need may not arise.
(7) "Service" for plan 2 and plan 3 members means periods of employment by a member in an eligible position or
positions for one or more employers for which compensation
earnable is paid. Compensation earnable earned for ninety or
more hours in any calendar month shall constitute one service
credit month except as provided in RCW 41.35.180. Compensation earnable earned for at least seventy hours but less
than ninety hours in any calendar month shall constitute onehalf service credit month of service. Compensation earnable
earned for less than seventy hours in any calendar month
shall constitute one-quarter service credit month of service.
Time spent in standby status, whether compensated or not, is
not service.
Any fraction of a year of service shall be taken into
account in the computation of such retirement allowance or
benefits.
(a) Service in any state elective position shall be deemed
to be full-time service.
(b) A member shall receive a total of not more than
twelve service credit months of service for such calendar
year. If an individual is employed in an eligible position by
one or more employers the individual shall receive no more
than one service credit month during any calendar month in
which multiple service for ninety or more hours is rendered.
(c) For purposes of plan 2 and 3 "forty-five days" as used
in RCW 28A.400.300 is equal to two service credit months.
Use of less than forty-five days of sick leave is creditable as
allowed under this subsection as follows:
(i) Less than eleven days equals one-quarter service
credit month;
41.35.010
(ii) Eleven or more days but less than twenty-two days
equals one-half service credit month;
(iii) Twenty-two days equals one service credit month;
(iv) More than twenty-two days but less than thirty-three
days equals one and one-quarter service credit month; and
(v) Thirty-three or more days but less than forty-five
days equals one and one-half service credit month.
(8) "Service credit year" means an accumulation of
months of service credit which is equal to one when divided
by twelve.
(9) "Service credit month" means a month or an accumulation of months of service credit which is equal to one.
(10) "Membership service" means all service rendered as
a member.
(11) "Beneficiary" for plan 2 and plan 3 members means
any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered
to an employer by another person.
(12) "Regular interest" means such rate as the director
may determine.
(13) "Accumulated contributions" means the sum of all
contributions standing to the credit of a member in the member's individual account, including any amount paid under
RCW 41.50.165(2), together with the regular interest
thereon.
(14) "Average final compensation" for plan 2 and plan 3
members means the member's average compensation earnable of the highest consecutive sixty months of service credit
months prior to such member's retirement, termination, or
death. Periods constituting authorized leaves of absence may
not be used in the calculation of average final compensation
except under RCW 41.40.710(2).
(15) "Final compensation" means the annual rate of compensation earnable by a member at the time of termination of
employment.
(16) "Annuity" means payments for life derived from
accumulated contributions of a member. All annuities shall
be paid in monthly installments.
(17) "Pension" means payments for life derived from
contributions made by the employer. All pensions shall be
paid in monthly installments.
(18) "Retirement allowance" for plan 2 and plan 3 members means monthly payments to a retiree or beneficiary as
provided in this chapter.
(19) "Employee" or "employed" means a person who is
providing services for compensation to an employer, unless
the person is free from the employer's direction and control
over the performance of work. The department shall adopt
rules and interpret this subsection consistent with common
law.
(20) "Actuarial equivalent" means a benefit of equal
value when computed upon the basis of such mortality and
other tables as may be adopted by the director.
(21) "Retirement" means withdrawal from active service
with a retirement allowance as provided by this chapter.
(22) "Eligible position" means any position that, as
defined by the employer, normally requires five or more
months of service a year for which regular compensation for
at least seventy hours is earned by the occupant thereof. For
purposes of this chapter an employer shall not define "posi[2003 RCW Supp—page 499]
41.35.030
Title 41 RCW: Public Employment, Civil Service, and Pensions
tion" in such a manner that an employee's monthly work for
that employer is divided into more than one position.
(23) "Ineligible position" means any position which does
not conform with the requirements set forth in subsection
(22) of this section.
(24) "Leave of absence" means the period of time a
member is authorized by the employer to be absent from service without being separated from membership.
(25) "Retiree" means any person who has begun accruing a retirement allowance or other benefit provided by this
chapter resulting from service rendered to an employer while
a member.
(26) "Director" means the director of the department.
(27) "State elective position" means any position held by
any person elected or appointed to statewide office or elected
or appointed as a member of the legislature.
(28) "State actuary" or "actuary" means the person
appointed pursuant to RCW 44.44.010(2).
(29) "Plan 2" means the Washington school employees'
retirement system plan 2 providing the benefits and funding
provisions covering persons who first became members of
the public employees' retirement system on and after October
1, 1977, and transferred to the Washington school employees'
retirement system under RCW 41.40.750.
(30) "Plan 3" means the Washington school employees'
retirement system plan 3 providing the benefits and funding
provisions covering persons who first became members of
the system on and after September 1, 2000, or who transfer
from plan 2 under RCW 41.35.510.
(31) "Index" means, for any calendar year, that year's
annual average consumer price index, Seattle, Washington
area, for urban wage earners and clerical workers, all items,
compiled by the bureau of labor statistics, United States
department of labor.
(32) "Index A" means the index for the year prior to the
determination of a postretirement adjustment.
(33) "Index B" means the index for the year prior to
index A.
(34) "Adjustment ratio" means the value of index A
divided by index B.
(35) "Separation from service" occurs when a person has
terminated all employment with an employer.
(36) "Member account" or "member's account" for purposes of plan 3 means the sum of the contributions and earnings on behalf of the member in the defined contribution portion of plan 3.
(37) "Classified employee" means an employee of a
school district or an educational service district who is not
eligible for membership in the teachers' retirement system
established under chapter 41.32 RCW.
(38) "Substitute employee" means a classified employee
who is employed by an employer exclusively as a substitute
for an absent employee. [2003 c 157 § 1; 2001 c 180 § 3;
1998 c 341 § 2.]
41.35.030
41.35.030 Membership. Membership in the retirement
system shall consist of all regularly compensated classified
employees and appointive and elective officials of employers, as defined in this chapter, with the following exceptions:
(1) Persons in ineligible positions;
[2003 RCW Supp—page 500]
(2)(a) Persons holding elective offices or persons
appointed directly by the governor: PROVIDED, That such
persons shall have the option of applying for membership
during such periods of employment: AND PROVIDED
FURTHER, That any persons holding or who have held elective offices or persons appointed by the governor who are
members in the retirement system and who have, prior to
becoming such members, previously held an elective office,
and did not at the start of such initial or successive terms of
office exercise their option to become members, may apply
for membership to be effective during such term or terms of
office, and shall be allowed to establish the service credit
applicable to such term or terms of office upon payment of
the employee contributions therefor by the employee with
interest as determined by the director and employer contributions therefor by the employer or employee with interest as
determined by the director: AND PROVIDED FURTHER,
That all contributions with interest submitted by the
employee under this subsection shall be placed in the
employee's individual account in the employee's savings fund
and be treated as any other contribution made by the
employee, with the exception that any contributions submitted by the employee in payment of the employer's obligation,
together with the interest the director may apply to the
employer's contribution, shall not be considered part of the
member's annuity for any purpose except withdrawal of contributions;
(b) A member holding elective office who has elected to
apply for membership pursuant to (a) of this subsection and
who later wishes to be eligible for a retirement allowance
shall have the option of ending his or her membership in the
retirement system. A member wishing to end his or her membership under this subsection must file on a form supplied by
the department a statement indicating that the member agrees
to irrevocably abandon any claim for service for future periods served as an elected official. A member who receives
more than fifteen thousand dollars per year in compensation
for his or her elective service, adjusted annually for inflation
by the director, is not eligible for the option provided by this
subsection (2)(b);
(3) Retirement system retirees: PROVIDED, That following reemployment in an eligible position, a retiree may
elect to prospectively become a member of the retirement
system if otherwise eligible;
(4) Persons enrolled in state-approved apprenticeship
programs, authorized under chapter 49.04 RCW, and who are
employed by employers to earn hours to complete such
apprenticeship programs, if the employee is a member of a
union-sponsored retirement plan and is making contributions
to such a retirement plan or if the employee is a member of a
Taft-Hartley retirement plan;
(5) Persons rendering professional services to an
employer on a fee, retainer, or contract basis or when the
income from these services is less than fifty percent of the
gross income received from the person's practice of a profession;
(6) Substitute employees, except for the purposes of the
purchase of service credit under rcw 41.35.033. Upon the
return or termination of the absent employee a substitute
employee is replacing, that substitute employee shall no
longer be ineligible under this subsection;
Washington School Employees' Retirement System
(7) Employees who (a) are not citizens of the United
States, (b) do not reside in the United States, and (c) perform
duties outside of the United States;
(8) Employees who (a) are not citizens of the United
States, (b) are not covered by chapter 41.48 RCW, (c) are not
excluded from membership under this chapter or chapter
41.04 RCW, (d) are residents of this state, and (e) make an
irrevocable election to be excluded from membership, in
writing, which is submitted to the director within thirty days
after employment in an eligible position;
(9) Employees who are citizens of the United States and
who reside and perform duties for an employer outside of the
United States: PROVIDED, That unless otherwise excluded
under this chapter or chapter 41.04 RCW, the employee may
apply for membership (a) within thirty days after employment in an eligible position and membership service credit
shall be granted from the first day of membership service,
and (b) after this thirty-day period, but membership service
credit shall be granted only if payment is made for the noncredited membership service under RCW 41.50.165(2), otherwise service shall be from the date of application. [2003 c
157 § 2; 1998 c 341 § 4.]
41.35.033
41.35.033 Membership—Service credit—Substitute
employees—Rules. (1) A substitute employee who works
five or more months of seventy or more hours for which earnable compensation is paid in a school year may apply to the
department to establish membership after the end of the
school year during which the work was performed. The
application must:
(a) Include a list of the employers the substitute
employee has worked for;
(b) Include proof of hours worked and compensation
earned; and
(c) Be made prior to retirement.
(2) Substitute employees who are members may apply to
the department to receive service after the end of the last day
of instruction of the school year during which the service was
performed. The application must:
(a) Include a list of the employers the substitute
employee has worked for;
(b) Include proof of hours worked and compensation
earned; and
(c) Be made prior to retirement.
(3) If the department accepts the substitute employee's
application for service credit, the substitute employee may
obtain service credit by paying the required contribution to
the retirement system. The employer must pay the required
employer contribution upon notice from the department that
the substitute employee has made contributions under this
section.
(4) The department shall charge interest prospectively on
employee contributions that are submitted under this section
more than six months after the end of the school year, as
defined in RCW 28A.150.040, for which the substitute
employee is seeking service credit. The interest rate charged
to the employee shall take into account interest lost on
employer contributions delayed for more than six months
after the end of the school year.
(5) Each employer shall quarterly notify each substitute
employee it has employed during the school year of the num-
41.35.460
ber of hours worked by, and the compensation paid to, the
substitute employee.
(6) If a substitute employee, as defined in RCW
41.35.010(38), applies to the department under this section
for credit for earnable compensation earned from an
employer, the substitute employee must make contributions
for all periods of service for that employer.
(7) The department shall adopt rules implementing this
section. [2003 c 157 § 3.]
41.35.115
41.35.115 Death benefit—Course of employment. (1)
A one hundred fifty thousand dollar death benefit shall be
paid to the member's estate, or such person or persons, trust
or organization as the member has nominated by written designation duly executed and filed with the department. If no
such designated person or persons are still living at the time
of the member's death, the member's death benefit shall be
paid to the member's surviving spouse as if in fact the spouse
had been nominated by written designation, or if there is no
surviving spouse, then to the member's legal representatives.
(2) The benefit under this section shall be paid only
where death occurs as a result of injuries sustained in the
course of employment. The determination of eligibility for
the benefit shall be made consistent with Title 51 RCW by
the department of labor and industries. The department of
labor and industries shall notify the department of retirement
systems by order under RCW 51.52.050. [2003 c 402 § 3.]
41.35.460
41.35.460 Death benefits. (1) Except as provided in
RCW 11.07.010, if a member or a vested member who has
not completed at least ten years of service dies, the amount of
the accumulated contributions standing to such member's
credit in the retirement system at the time of such member's
death, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, shall be paid to the member's estate, or such person or persons, trust, or organization
as the member shall have nominated by written designation
duly executed and filed with the department. If there be no
such designated person or persons still living at the time of
the member's death, such member's accumulated contributions standing to such member's credit in the retirement system, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, shall be paid to the member's surviving spouse as if in fact such spouse had been nominated by written designation, or if there be no such surviving
spouse, then to such member's legal representatives.
(2) If a member who is eligible for retirement or a member who has completed at least ten years of service dies, the
surviving spouse or eligible child or children shall elect to
receive either:
(a) A retirement allowance computed as provided for in
RCW 41.35.420, actuarially reduced by the amount of any
lump sum benefit identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670 and actuarially adjusted to
reflect a joint and one hundred percent survivor option under
RCW 41.35.220 and, except under subsection (4) of this section, if the member was not eligible for normal retirement at
the date of death a further reduction as described in RCW
[2003 RCW Supp—page 501]
41.35.612
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.35.420; if a surviving spouse who is receiving a retirement
allowance dies leaving a child or children of the member
under the age of majority, then such child or children shall
continue to receive an allowance in an amount equal to that
which was being received by the surviving spouse, share and
share alike, until such child or children reach the age of
majority; if there is no surviving spouse eligible to receive an
allowance at the time of the member's death, such member's
child or children under the age of majority shall receive an
allowance, share and share alike, calculated as herein provided making the assumption that the ages of the spouse and
member were equal at the time of the member's death; or
(b) The member's accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670.
(3) If a member who is eligible for retirement or a member who has completed at least ten years of service dies and is
not survived by a spouse or an eligible child, then the accumulated contributions standing to the member's credit, less
any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order
filed under RCW 41.50.670, shall be paid:
(a) To a person or persons, estate, trust, or organization
as the member shall have nominated by written designation
duly executed and filed with the department; or
(b) If there is no such designated person or persons still
living at the time of the member's death, then to the member's
legal representatives.
(4) A member who is killed in the course of employment,
as determined by the director of the department of labor and
industries, is not subject to an actuarial reduction under RCW
41.35.420. The member's retirement allowance is computed
under RCW 41.35.400. [2003 c 155 § 4; 1998 c 341 § 107.]
following such member's separation from employment for
disability.
(4) Retirement allowances paid as death benefits shall
accrue from the first day of the calendar month immediately
following the member's death. [2003 c 294 § 5; 1998 c 341 §
205.]
41.35.710
41.35.710 Death benefits. (1) If a member dies prior to
retirement, the surviving spouse or eligible child or children
shall receive a retirement allowance computed as provided in
RCW 41.35.620 actuarially reduced to reflect a joint and one
hundred percent survivor option and, except under subsection
(2) of this section, if the member was not eligible for normal
retirement at the date of death a further reduction as described
in RCW 41.35.680.
If the surviving spouse who is receiving the retirement
allowance dies leaving a child or children under the age of
majority, then such child or children shall continue to receive
an allowance in an amount equal to that which was being
received by the surviving spouse, share and share alike, until
such child or children reach the age of majority.
If there is no surviving spouse eligible to receive an
allowance at the time of the member's death, such member's
child or children under the age of majority shall receive an
allowance, share and share alike. The allowance shall be calculated with the assumption that the age of the spouse and
member were equal at the time of the member's death.
(2) A member who is killed in the course of employment,
as determined by the director of the department of labor and
industries, is not subject to an actuarial reduction under RCW
41.35.680. The member's retirement allowance is computed
under RCW 41.35.620. [2003 c 155 § 5; 1998 c 341 § 212.]
Applicability—2003 c 155: See note following RCW 41.32.520.
Chapter 41.40
Applicability—2003 c 155: See note following RCW 41.32.520.
41.35.612
41.35.612 Right to waive benefit—Irrevocable
choice. Any member receiving or having received a distribution under chapter 41.34 RCW may make an irrevocable
choice to waive all rights to a benefit under RCW 41.35.620
by notifying the department in writing of their intention.
[2003 c 349 § 2.]
Effective date—2003 c 349: See note following RCW 41.32.837.
Sections
41.40.010
41.40.037
41.40.0932
41.40.096
41.40.270
41.35.640
41.35.640 Application for and effective date of retirement allowances. Any member or beneficiary eligible to
receive a retirement allowance under the provisions of RCW
41.35.680, 41.35.690, or 41.35.710 is eligible to commence
receiving a retirement allowance after having filed written
application with the department.
(1) Retirement allowances paid to members shall accrue
from the first day of the calendar month immediately following such member's separation from employment.
(2) Retirement allowances payable to eligible members
no longer in service, but qualifying for such an allowance
pursuant to RCW 41.35.680 shall accrue from the first day of
the calendar month immediately following such qualification.
(3) Disability allowances paid to disabled members shall
accrue from the first day of the calendar month immediately
[2003 RCW Supp—page 502]
Chapter 41.40 RCW
WASHINGTON PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
41.40.660
41.40.700
41.40.748
41.40.787
41.40.801
41.40.835
41.40.845
41.40.010
Definitions.
Service by retirees—Reduction of retirement allowance upon
reemployment—Reestablishment of membership.
Death benefit—Course of employment.
Law enforcement officers—Dual membership—Plan 1 exception.
Death before retirement or within sixty days following application for disability retirement—Payment of contributions to
nominee, surviving spouse, or legal representative—Waiver
of payment, effect—Benefits.
Options for payment of retirement allowances—Retirement
allowance adjustment—Court-approved property settlement.
Death benefits.
Commercial vehicle enforcement officers—Limited optional
transfer to Washington state patrol retirement system.
Right to waive benefit—Irrevocable choice.
Application for and effective date of retirement allowances.
Death benefits.
Options for payment of retirement allowances—Courtapproved property settlement.
41.40.010 Definitions. As used in this chapter, unless a
different meaning is plainly required by the context:
(1) "Retirement system" means the public employees'
retirement system provided for in this chapter.
(2) "Department" means the department of retirement
systems created in chapter 41.50 RCW.
Washington Public Employees' Retirement System
(3) "State treasurer" means the treasurer of the state of
Washington.
(4)(a) "Employer" for plan 1 members, means every
branch, department, agency, commission, board, and office
of the state, any political subdivision or association of political subdivisions of the state admitted into the retirement system, and legal entities authorized by RCW 35.63.070 and
36.70.060 or chapter 39.34 RCW; and the term shall also
include any labor guild, association, or organization the
membership of a local lodge or division of which is comprised of at least forty percent employees of an employer
(other than such labor guild, association, or organization)
within this chapter. The term may also include any city of the
first class that has its own retirement system.
(b) "Employer" for plan 2 and plan 3 members, means
every branch, department, agency, commission, board, and
office of the state, and any political subdivision and municipal corporation of the state admitted into the retirement system, including public agencies created pursuant to RCW
35.63.070, 36.70.060, and 39.34.030; except that after
August 31, 2000, school districts and educational service districts will no longer be employers for the public employees'
retirement system plan 2.
(5) "Member" means any employee included in the
membership of the retirement system, as provided for in
RCW 41.40.023. RCW 41.26.045 does not prohibit a person
otherwise eligible for membership in the retirement system
from establishing such membership effective when he or she
first entered an eligible position.
(6) "Original member" of this retirement system means:
(a) Any person who became a member of the system
prior to April 1, 1949;
(b) Any person who becomes a member through the
admission of an employer into the retirement system on and
after April 1, 1949, and prior to April 1, 1951;
(c) Any person who first becomes a member by securing
employment with an employer prior to April 1, 1951, provided the member has rendered at least one or more years of
service to any employer prior to October 1, 1947;
(d) Any person who first becomes a member through the
admission of an employer into the retirement system on or
after April 1, 1951, provided, such person has been in the regular employ of the employer for at least six months of the
twelve-month period preceding the said admission date;
(e) Any member who has restored all contributions that
may have been withdrawn as provided by RCW 41.40.150
and who on the effective date of the individual's retirement
becomes entitled to be credited with ten years or more of
membership service except that the provisions relating to the
minimum amount of retirement allowance for the member
u p on r e ti r e m e n t a t a ge s e v e n ty a s f o u n d i n RC W
41.40.190(4) shall not apply to the member;
(f) Any member who has been a contributor under the
system for two or more years and who has restored all contributions that may have been withdrawn as provided by RCW
41.40.150 and who on the effective date of the individual's
retirement has rendered five or more years of service for the
state or any political subdivision prior to the time of the
admission of the employer into the system; except that the
provisions relating to the minimum amount of retirement
41.40.010
allowance for the member upon retirement at age seventy as
found in RCW 41.40.190(4) shall not apply to the member.
(7) "New member" means a person who becomes a
member on or after April 1, 1949, except as otherwise provided in this section.
(8)(a) "Compensation earnable" for plan 1 members,
means salaries or wages earned during a payroll period for
personal services and where the compensation is not all paid
in money, maintenance compensation shall be included upon
the basis of the schedules established by the member's
employer.
(i) "Compensation earnable" for plan 1 members also
includes the following actual or imputed payments, which are
not paid for personal services:
(A) Retroactive payments to an individual by an
employer on reinstatement of the employee in a position, or
payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wage which the individual would have
earned during a payroll period shall be considered compensation earnable and the individual shall receive the equivalent
service credit;
(B) If a leave of absence is taken by an individual for the
purpose of serving in the state legislature, the salary which
would have been received for the position from which the
leave of absence was taken, shall be considered as compensation earnable if the employee's contribution is paid by the
employee and the employer's contribution is paid by the
employer or employee;
(C) Assault pay only as authorized by RCW 27.04.100,
72.01.045, and 72.09.240;
(D) Compensation that a member would have received
but for a disability occurring in the line of duty only as authorized by RCW 41.40.038;
(E) Compensation that a member receives due to participation in the leave sharing program only as authorized by
RCW 41.04.650 through 41.04.670; and
(F) Compensation that a member receives for being in
standby status. For the purposes of this section, a member is
in standby status when not being paid for time actually
worked and the employer requires the member to be prepared
to report immediately for work, if the need arises, although
the need may not arise.
(ii) "Compensation earnable" does not include:
(A) Remuneration for unused sick leave authorized
under RCW 41.04.340, 28A.400.210, or 28A.310.490;
(B) Remuneration for unused annual leave in excess of
thirty days as authorized by RCW 43.01.044 and 43.01.041.
(b) "Compensation earnable" for plan 2 and plan 3 members, means salaries or wages earned by a member during a
payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under
provisions established pursuant to sections 403(b), 414(h),
and 457 of the United States Internal Revenue Code, but shall
exclude nonmoney maintenance compensation and lump sum
or other payments for deferred annual sick leave, unused
accumulated vacation, unused accumulated annual leave, or
any form of severance pay.
"Compensation earnable" for plan 2 and plan 3 members
also includes the following actual or imputed payments,
which are not paid for personal services:
[2003 RCW Supp—page 503]
41.40.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
(i) Retroactive payments to an individual by an employer
on reinstatement of the employee in a position, or payments
by an employer to an individual in lieu of reinstatement in a
position which are awarded or granted as the equivalent of
the salary or wage which the individual would have earned
during a payroll period shall be considered compensation
earnable to the extent provided above, and the individual
shall receive the equivalent service credit;
(ii) In any year in which a member serves in the legislature, the member shall have the option of having such member's compensation earnable be the greater of:
(A) The compensation earnable the member would have
received had such member not served in the legislature; or
(B) Such member's actual compensation earnable
received for nonlegislative public employment and legislative service combined. Any additional contributions to the
retirement system required because compensation earnable
under (b)(ii)(A) of this subsection is greater than compensation earnable under (b)(ii)(B) of this subsection shall be paid
by the member for both member and employer contributions;
(iii) Assault pay only as authorized by RCW 27.04.100,
72.01.045, and 72.09.240;
(iv) Compensation that a member would have received
but for a disability occurring in the line of duty only as authorized by RCW 41.40.038;
(v) Compensation that a member receives due to participation in the leave sharing program only as authorized by
RCW 41.04.650 through 41.04.670; and
(vi) Compensation that a member receives for being in
standby status. For the purposes of this section, a member is
in standby status when not being paid for time actually
worked and the employer requires the member to be prepared
to report immediately for work, if the need arises, although
the need may not arise.
(9)(a) "Service" for plan 1 members, except as provided
in RCW 41.40.088, means periods of employment in an eligible position or positions for one or more employers rendered
to any employer for which compensation is paid, and
includes time spent in office as an elected or appointed official of an employer. Compensation earnable earned in full
time work for seventy hours or more in any given calendar
month shall constitute one service credit month except as
provided in RCW 41.40.088. Compensation earnable earned
for less than seventy hours in any calendar month shall constitute one-quarter service credit month of service except as
provided in RCW 41.40.088. Only service credit months and
one-quarter service credit months shall be counted in the
computation of any retirement allowance or other benefit
provided for in this chapter. Any fraction of a year of service
shall be taken into account in the computation of such retirement allowance or benefits. Time spent in standby status,
whether compensated or not, is not service.
(i) Service by a state employee officially assigned by the
state on a temporary basis to assist another public agency,
shall be considered as service as a state employee: PROVIDED, That service to any other public agency shall not be
considered service as a state employee if such service has
been used to establish benefits in any other public retirement
system.
(ii) An individual shall receive no more than a total of
twelve service credit months of service during any calendar
[2003 RCW Supp—page 504]
year. If an individual is employed in an eligible position by
one or more employers the individual shall receive no more
than one service credit month during any calendar month in
which multiple service for seventy or more hours is rendered.
(iii) A school district employee may count up to fortyfive days of sick leave as creditable service solely for the purpose of determining eligibility to retire under RCW
41.40.180 as authorized by RCW 28A.400.300. For purposes
of plan 1 "forty-five days" as used in RCW 28A.400.300 is
equal to two service credit months. Use of less than fortyfive days of sick leave is creditable as allowed under this subsection as follows:
(A) Less than twenty-two days equals one-quarter service credit month;
(B) Twenty-two days equals one service credit month;
(C) More than twenty-two days but less than forty-five
days equals one and one-quarter service credit month.
(b) "Service" for plan 2 and plan 3 members, means periods of employment by a member in an eligible position or
positions for one or more employers for which compensation
earnable is paid. Compensation earnable earned for ninety or
more hours in any calendar month shall constitute one service
credit month except as provided in RCW 41.40.088. Compensation earnable earned for at least seventy hours but less
than ninety hours in any calendar month shall constitute onehalf service credit month of service. Compensation earnable
earned for less than seventy hours in any calendar month
shall constitute one-quarter service credit month of service.
Time spent in standby status, whether compensated or not, is
not service.
Any fraction of a year of service shall be taken into
account in the computation of such retirement allowance or
benefits.
(i) Service in any state elective position shall be deemed
to be full time service, except that persons serving in state
elective positions who are members of the Washington
school employees' retirement system, teachers' retirement
system, or law enforcement officers' and fire fighters' retirement system at the time of election or appointment to such
position may elect to continue membership in the Washington school employees' retirement system, teachers' retirement
system, or law enforcement officers' and fire fighters' retirement system.
(ii) A member shall receive a total of not more than
twelve service credit months of service for such calendar
year. If an individual is employed in an eligible position by
one or more employers the individual shall receive no more
than one service credit month during any calendar month in
which multiple service for ninety or more hours is rendered.
(iii) Up to forty-five days of sick leave may be creditable
as service solely for the purpose of determining eligibility to
retire under RCW 41.40.180 as authorized by RCW
28A.400.300. For purposes of plan 2 and plan 3 "forty-five
days" as used in RCW 28A.400.300 is equal to two service
credit months. Use of less than forty-five days of sick leave
is creditable as allowed under this subsection as follows:
(A) Less than eleven days equals one-quarter service
credit month;
(B) Eleven or more days but less than twenty-two days
equals one-half service credit month;
(C) Twenty-two days equals one service credit month;
Washington Public Employees' Retirement System
(D) More than twenty-two days but less than thirty-three
days equals one and one-quarter service credit month;
(E) Thirty-three or more days but less than forty-five
days equals one and one-half service credit month.
(10) "Service credit year" means an accumulation of
months of service credit which is equal to one when divided
by twelve.
(11) "Service credit month" means a month or an accumulation of months of service credit which is equal to one.
(12) "Prior service" means all service of an original
member rendered to any employer prior to October 1, 1947.
(13) "Membership service" means:
(a) All service rendered, as a member, after October 1,
1947;
(b) All service after October 1, 1947, to any employer
prior to the time of its admission into the retirement system
for which member and employer contributions, plus interest
as required by RCW 41.50.125, have been paid under RCW
41.40.056 or 41.40.057;
(c) Service not to exceed six consecutive months of probationary service rendered after April 1, 1949, and prior to
becoming a member, in the case of any member, upon payment in full by such member of the total amount of the
employer's contribution to the retirement fund which would
have been required under the law in effect when such probationary service was rendered if the member had been a member during such period, except that the amount of the
employer's contribution shall be calculated by the director
based on the first month's compensation earnable as a member;
(d) Service not to exceed six consecutive months of probationary service, rendered after October 1, 1947, and before
April 1, 1949, and prior to becoming a member, in the case of
any member, upon payment in full by such member of five
percent of such member's salary during said period of probationary service, except that the amount of the employer's contribution shall be calculated by the director based on the first
month's compensation earnable as a member.
(14)(a) "Beneficiary" for plan 1 members, means any
person in receipt of a retirement allowance, pension or other
benefit provided by this chapter.
(b) "Beneficiary" for plan 2 and plan 3 members, means
any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered
to an employer by another person.
(15) "Regular interest" means such rate as the director
may determine.
(16) "Accumulated contributions" means the sum of all
contributions standing to the credit of a member in the member's individual account, including any amount paid under
RCW 41.50.165(2), together with the regular interest
thereon.
(17)(a) "Average final compensation" for plan 1 members, means the annual average of the greatest compensation
earnable by a member during any consecutive two year
period of service credit months for which service credit is
allowed; or if the member has less than two years of service
credit months then the annual average compensation earnable
during the total years of service for which service credit is
allowed.
41.40.010
(b) "Average final compensation" for plan 2 and plan 3
members, means the member's average compensation earnable of the highest consecutive sixty months of service credit
months prior to such member's retirement, termination, or
death. Periods constituting authorized leaves of absence may
not be used in the calculation of average final compensation
except under RCW 41.40.710(2).
(18) "Final compensation" means the annual rate of compensation earnable by a member at the time of termination of
employment.
(19) "Annuity" means payments for life derived from
accumulated contributions of a member. All annuities shall
be paid in monthly installments.
(20) "Pension" means payments for life derived from
contributions made by the employer. All pensions shall be
paid in monthly installments.
(21) "Retirement allowance" means the sum of the annuity and the pension.
(22) "Employee" or "employed" means a person who is
providing services for compensation to an employer, unless
the person is free from the employer's direction and control
over the performance of work. The department shall adopt
rules and interpret this subsection consistent with common
law.
(23) "Actuarial equivalent" means a benefit of equal
value when computed upon the basis of such mortality and
other tables as may be adopted by the director.
(24) "Retirement" means withdrawal from active service
with a retirement allowance as provided by this chapter.
(25) "Eligible position" means:
(a) Any position that, as defined by the employer, normally requires five or more months of service a year for
which regular compensation for at least seventy hours is
earned by the occupant thereof. For purposes of this chapter
an employer shall not define "position" in such a manner that
an employee's monthly work for that employer is divided into
more than one position;
(b) Any position occupied by an elected official or person appointed directly by the governor, or appointed by the
chief justice of the supreme court under RCW 2.04.240(2) or
2.06.150(2), for which compensation is paid.
(26) "Ineligible position" means any position which does
not conform with the requirements set forth in subsection
(25) of this section.
(27) "Leave of absence" means the period of time a
member is authorized by the employer to be absent from service without being separated from membership.
(28) "Totally incapacitated for duty" means total inability to perform the duties of a member's employment or office
or any other work for which the member is qualified by training or experience.
(29) "Retiree" means any person who has begun accruing a retirement allowance or other benefit provided by this
chapter resulting from service rendered to an employer while
a member.
(30) "Director" means the director of the department.
(31) "State elective position" means any position held by
any person elected or appointed to statewide office or elected
or appointed as a member of the legislature.
(32) "State actuary" or "actuary" means the person
appointed pursuant to RCW 44.44.010(2).
[2003 RCW Supp—page 505]
41.40.037
Title 41 RCW: Public Employment, Civil Service, and Pensions
(33) "Plan 1" means the public employees' retirement
system, plan 1 providing the benefits and funding provisions
covering persons who first became members of the system
prior to October 1, 1977.
(34) "Plan 2" means the public employees' retirement
system, plan 2 providing the benefits and funding provisions
covering persons who first became members of the system on
and after October 1, 1977, and are not included in plan 3.
(35) "Plan 3" means the public employees' retirement
system, plan 3 providing the benefits and funding provisions
covering persons who:
(a) First become a member on or after:
(i) March 1, 2002, and are employed by a state agency or
institute of higher education and who did not choose to enter
plan 2; or
(ii) September 1, 2002, and are employed by other than a
state agency or institute of higher education and who did not
choose to enter plan 2; or
(b) Transferred to plan 3 under RCW 41.40.795.
(36) "Index" means, for any calendar year, that year's
annual average consumer price index, Seattle, Washington
area, for urban wage earners and clerical workers, all items,
compiled by the bureau of labor statistics, United States
department of labor.
(37) "Index A" means the index for the year prior to the
determination of a postretirement adjustment.
(38) "Index B" means the index for the year prior to
index A.
(39) "Index year" means the earliest calendar year in
which the index is more than sixty percent of index A.
(40) "Adjustment ratio" means the value of index A
divided by index B.
(41) "Annual increase" means, initially, fifty-nine cents
per month per year of service which amount shall be
increased each July 1st by three percent, rounded to the nearest cent.
(42) "Separation from service" occurs when a person has
terminated all employment with an employer. Separation
from service or employment does not occur, and if claimed
by an employer or employee may be a violation of RCW
41.40.055, when an employee and employer have a written or
oral agreement to resume employment with the same
employer following termination.
(43) "Member account" or "member's account" for purposes of plan 3 means the sum of the contributions and earnings on behalf of the member in the defined contribution portion of plan 3. [2003 c 412 § 4; 2000 c 247 § 102; 1998 c 341
§ 601. Prior: 1997 c 254 § 10; 1997 c 88 § 6; prior: 1995 c
345 § 10; 1995 c 286 § 1; 1995 c 244 § 3; prior: 1994 c 298
§ 2; 1994 c 247 § 5; 1994 c 197 § 23; 1994 c 177 § 8; 1993 c
95 § 8; prior: 1991 c 343 § 6; 1991 c 35 § 70; 1990 c 274 §
3; prior: 1989 c 309 § 1; 1989 c 289 § 1; 1985 c 13 § 7; 1983
c 69 § 1; 1981 c 256 § 6; 1979 ex.s. c 249 § 7; 1977 ex.s. c
295 § 16; 1973 1st ex.s. c 190 § 2; 1972 ex.s. c 151 § 1; 1971
ex.s. c 271 § 2; 1969 c 128 § 1; 1965 c 155 § 1; 1963 c 225 §
1; 1963 c 174 § 1; 1961 c 291 § 1; 1957 c 231 § 1; 1955 c 277
§ 1; 1953 c 200 § 1; 1951 c 50 § 1; 1949 c 240 § 1; 1947 c 274
§ 1; Rem. Supp. 1949 § 11072-1.]
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
[2003 RCW Supp—page 506]
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
Intent—1994 c 298: "(1) This act provides cross-references to existing
statutes that affect calculation of pensions under the retirement systems
authorized by chapters 41.40 and 41.32 RCW to the relevant definition sections of those chapters. Except as provided in subsection (2) of this section,
this act is technical in nature and neither enhances nor diminishes existing
pension rights. Except for the amendment to RCW 41.40.010(5), it is not the
intent of the legislature to change the substance or effect of any statute previously enacted. Rather, this act provides cross-references to applicable statutes in order to aid with the administration of benefits authorized in chapters
41.40 and 41.32 RCW.
(2) The amendments to RCW 41.40.010 (5) and (29) contained in section 2, chapter 298, Laws of 1994, and to RCW 41.32.010(31) contained in
section 3, chapter 298, Laws of 1994, clarify the status of certain persons as
either members or retirees. RCW 41.04.275 and section 7, chapter 298,
Laws of 1994, create the pension funding account in the state treasury and
direct the transfer of moneys deposited in the budget stabilization account by
the 1993-95 operating appropriations act, section 919, chapter 24, Laws of
1993 sp. sess., for the continuing costs of state retirement system benefits in
effect on July 1, 1993, consistent with section 919, chapter 24, Laws of 1993
sp. sess. to the pension funding account." [1994 c 298 § 1.]
Effective date—1994 c 247: See note following RCW 41.32.4991.
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Findings—1994 c 177: See note following RCW 41.50.125.
Retroactive application—Effective date—1993 c 95: See notes following RCW 41.40.175.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—Effective date—Construction—1990 c 274: See notes following RCW 41.32.010.
Purpose—Application—Retrospective application—1985 c 13: See
notes following RCW 41.04.445.
Applicability—1983 c 69: "Section 1 of this 1983 act applies only to
service credit accruing after July 24, 1983." [1983 c 69 § 3.]
Purpose—Severability—1981 c 256: See notes following RCW
41.26.030.
Severability—1973 1st ex.s. c 190: "If any provision of this 1973 act,
or its application to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other persons or circumstances is not affected." [1973 1st ex.s. c 190 § 16.]
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
Severability—1969 c 128: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1969 c 128 § 19.]
Severability—1965 c 155: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1965 c 155 § 10.]
Severability—1963 c 174: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1963 c 174 § 19.]
Severability—1961 c 291: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1961 c 291 § 18.]
41.40.037
41.40.037 Service by retirees—Reduction of retirement allowance upon reemployment—Reestablishment
of membership. (1)(a) If a retiree enters employment with
an employer sooner than one calendar month after his or her
accrual date, the retiree's monthly retirement allowance will
be reduced by five and one-half percent for every eight hours
worked during that month. This reduction will be applied
Washington Public Employees' Retirement System
each month until the retiree remains absent from employment
with an employer for one full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred sixty hours
per month. Any benefit reduction over one hundred percent
will be applied to the benefit the retiree is eligible to receive
in subsequent months.
(2)(a) Except as provided in (b) of this subsection, a
retiree from plan 1 who enters employment with an employer
at least one calendar month after his or her accrual date may
continue to receive pension payments while engaged in such
service for up to eight hundred sixty-seven hours of service in
a calendar year without a reduction of pension.
(b) A retiree from plan 1 who enters employment with an
employer at least three calendar months after his or her
accrual date and:
(i) Is hired into a position for which the employer has
documented a justifiable need to hire a retiree into the position;
(ii) Is hired through the established process for the position with the approval of: A school board for a school district; the chief executive officer of a state agency employer;
the secretary of the senate for the senate; the chief clerk of the
house of representatives for the house of representatives; the
secretary of the senate and the chief clerk of the house of representatives jointly for the joint legislative audit and review
committee, the legislative transportation committee, the joint
committee on pension policy, the legislative evaluation and
accountability program, the legislative systems committee,
and the statute law committee; or according to rules adopted
for the rehiring of retired plan 1 members for a local government employer;
(iii) The employer retains records of the procedures followed and decisions made in hiring the retiree, and provides
those records in the event of an audit; and
(iv) The employee has not already rendered a cumulative
total of more than one thousand nine hundred hours of service
while in receipt of pension payments beyond an annual
threshold of eight hundred sixty-seven hours;
shall cease to receive pension payments while engaged in that
service after the retiree has rendered service for more than
one thousand five hundred hours in a calendar year. The one
thousand nine hundred hour cumulative total under this subsection applies prospectively to those retiring after July 27,
2003, and retroactively to those who retired prior to July 27,
2003, and shall be calculated from the date of retirement.
(c) When a plan 1 member renders service beyond eight
hundred sixty-seven hours, the department shall collect from
the employer the applicable employer retirement contributions for the entire duration of the member's employment during that calendar year.
(d) A retiree from plan 2 or plan 3 who has satisfied the
break in employment requirement of subsection (1) of this
section may work up to eight hundred sixty-seven hours in a
calendar year in an eligible position, as defined in RCW
41.32.010, 41.35.010, or 41.40.010, or as a fire fighter or law
enforcement officer, as defined in RCW 41.26.030, without
suspension of his or her benefit.
(3) If the retiree opts to reestablish membership under
RCW 41.40.023(12), he or she terminates his or her retirement status and becomes a member. Retirement benefits
41.40.096
shall not accrue during the period of membership and the
individual shall make contributions and receive membership
credit. Such a member shall have the right to again retire if
eligible in accordance with RCW 41.40.180. However, if the
right to retire is exercised to become effective before the
member has rendered two uninterrupted years of service, the
retirement formula and survivor options the member had at
the time of the member's previous retirement shall be reinstated.
(4) The department shall collect and provide the state
actuary with information relevant to the use of this section for
the select committee on pension policy.
(5) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has a
contractual right to be employed for more than five months in
a calendar year without a reduction of his or her pension.
[2003 c 412 § 5; 2003 c 295 § 7; 2001 2nd sp.s. c 10 § 4;
(2001 2nd sp.s. c 10 § 12 repealed by 2002 c 26 § 9); 1997 c
254 § 14.]
Reviser's note: This section was amended by 2003 c 295 § 7 and by
2003 c 412 § 5, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective dates—2001 2nd sp.s. c 10: "Except for section 12 of this act
which takes effect December 31, 2004, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 2nd sp.s. c 10 § 14.]
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
41.40.0932
41.40.0932 Death benefit—Course of employment.
(1) A one hundred fifty thousand dollar death benefit shall be
paid to the member's estate, or such person or persons, trust
or organization as the member has nominated by written designation duly executed and filed with the department. If no
such designated person or persons are still living at the time
of the member's death, the member's death benefit shall be
paid to the member's surviving spouse as if in fact the spouse
had been nominated by written designation, or if there is no
surviving spouse, then to the member's legal representatives.
(2) The benefit under this section shall be paid only
where death occurs as a result of injuries sustained in the
course of employment. The determination of eligibility for
the benefit shall be made consistent with Title 51 RCW by
the department of labor and industries. The department of
labor and industries shall notify the department of retirement
systems by order under RCW 51.52.050. [2003 c 402 § 1.]
41.40.096
41.40.096 Law enforcement officers—Dual membership—Plan 1 exception. (1) An employee who was a member of the public employees' retirement system plan 2 or plan
3 on or before January 1, 2003, and on July 27, 2003, is
employed by the department of fish and wildlife as a law
enforcement officer as defined in RCW 41.26.030, shall
become a member of the law enforcement officers' and fire
fighters' retirement system plan 2. All officers will be dual
members as provided in chapter 41.54 RCW, and public
employees' retirement system service credit may not be transferred to the law enforcement officers' and fire fighters'
retirement system plan 2.
[2003 RCW Supp—page 507]
41.40.270
Title 41 RCW: Public Employment, Civil Service, and Pensions
(2) An employee who was a member of the public
employees' retirement system plan 1 on or before January 1,
2003, and on or after July 27, 2003, is employed by the
department of fish and wildlife as a law enforcement officer
as defined in RCW 41.26.030, shall remain a member of the
public employees' retirement system plan 1. [2003 c 388 §
1.]
41.40.270
41.40.270 Death before retirement or within sixty
days following application for disability retirement—
Payment of contributions to nominee, surviving spouse,
or legal representative—Waiver of payment, effect—
Benefits. (1) Except as specified in subsection (4) of this section, should a member die before the date of retirement the
amount of the accumulated contributions standing to the
member's credit in the employees' savings fund, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670, at the time of death:
(a) Shall be paid to the member's estate, or such person
or persons, trust, or organization as the member shall have
nominated by written designation duly executed and filed
with the department; or
(b) If there be no such designated person or persons still
living at the time of the member's death, or if a member fails
to file a new beneficiary designation subsequent to marriage,
remarriage, dissolution of marriage, divorce, or reestablishment of membership following termination by withdrawal or
retirement, such accumulated contributions, less any amount
identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under
RCW 41.50.670, shall be paid to the surviving spouse as if in
fact such spouse had been nominated by written designation
as aforesaid, or if there be no such surviving spouse, then to
the member's legal representatives.
(2) Upon the death in service, or while on authorized
leave of absence for a period not to exceed one hundred and
twenty days from the date of payroll separation, of any member who is qualified but has not applied for a service retirement allowance or has completed ten years of service at the
time of death, the designated beneficiary, or the surviving
spouse as provided in subsection (1) of this section, may elect
to waive the payment provided by subsection (1) of this section. Upon such an election, a joint and one hundred percent
survivor option under RCW 41.40.188, calculated under the
retirement allowance described in RCW 41.40.185 or
41.40.190, whichever is greater, actuarially reduced, except
under subsection (5) of this section, by the amount of any
lump sum benefit identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670 shall automatically be
given effect as if selected for the benefit of the designated
beneficiary. If the member is not then qualified for a service
retirement allowance, such benefit shall be based upon the
actuarial equivalent of the sum necessary to pay the accrued
regular retirement allowance commencing when the
deceased member would have first qualified for a service
retirement allowance.
(3) Subsection (1) of this section, unless elected, shall
not apply to any member who has applied for service retirement in RCW 41.40.180, as now or hereafter amended, and
[2003 RCW Supp—page 508]
thereafter dies between the date of separation from service
and the member's effective retirement date, where the member has selected a survivorship option under RCW 41.40.188.
In those cases the beneficiary named in the member's final
application for service retirement may elect to receive either
a cash refund, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant
to a court order filed under RCW 41.50.670, or monthly payments according to the option selected by the member.
(4) If a member dies within sixty days following application for disability retirement under RCW 41.40.230, the beneficiary named in the application may elect to receive the
benefit provided by:
(a) This section; or
(b) RCW 41.40.235, according to the option chosen
under RCW 41.40.188 in the disability application.
(5) The retirement allowance of a member who is killed
in the course of employment, as determined by the director of
the department of labor and industries, is not subject to an
actuarial reduction. The member's retirement allowance is
computed under RCW 41.40.185. [2003 c 155 § 6; 1997 c 73
§ 2; 1996 c 227 § 2; 1995 c 144 § 5; 1991 c 365 § 27; 1990 c
249 § 11; 1979 ex.s. c 249 § 11; 1972 ex.s. c 151 § 12; 1969
c 128 § 11; 1965 c 155 § 5; 1963 c 174 § 13; 1961 c 291 § 9;
1953 c 201 § 1; 1953 c 200 § 14; 1951 c 141 § 1; 1949 c 240
§ 19; 1947 c 274 § 28; Rem. Supp. 1949 § 11072-28.]
Applicability—2003 c 155: See note following RCW 41.32.520.
Effective date—1997 c 73: See note following RCW 41.32.520.
Severability—1991 c 365: See note following RCW 41.50.500.
Findings—1990 c 249: See note following RCW 2.10.146.
Severability—1969 c 128: See note following RCW 41.40.010.
41.40.660
41.40.660 Options for payment of retirement allowances—Retirement allowance adjustment—Courtapproved property settlement. (1) Upon retirement for service as prescribed in RCW 41.40.630 or retirement for disability under RCW 41.40.670, a member shall elect to have
the retirement allowance paid pursuant to one of the following options, calculated so as to be actuarially equivalent to
each other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout such
member's life. However, if the retiree dies before the total of
the retirement allowance paid to such retiree equals the
amount of such retiree's accumulated contributions at the
time of retirement, then the balance shall be paid to the member's estate, or such person or persons, trust, or organization
as the retiree shall have nominated by written designation
duly executed and filed with the department; or if there be no
such designated person or persons still living at the time of
the retiree's death, then to the surviving spouse; or if there be
neither such designated person or persons still living at the
time of death nor a surviving spouse, then to the retiree's legal
representative.
(b) The department shall adopt rules that allow a member
to select a retirement option that pays the member a reduced
retirement allowance and upon death, such portion of the
member's reduced retirement allowance as the department by
rule designates shall be continued throughout the life of and
paid to a person nominated by the member by written desig-
Washington Public Employees' Retirement System
nation duly executed and filed with the department at the time
of retirement. The options adopted by the department shall
include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor
option.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and the member's
spouse do not give written consent to an option under this
section, the department shall pay a joint and fifty percent survivor benefit calculated to be actuarially equivalent to the
benefit options available under subsection (1) of this section
unless spousal consent is not required as provided in (b) of
this subsection.
(b) If a copy of a dissolution order designating a survivor
beneficiary under RCW 41.50.790 has been filed with the
department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made
by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3)(a) Any member who retired before January 1, 1996,
and who elected to receive a reduced retirement allowance
under subsection (1)(b) or (2) of this section is entitled to
receive a retirement allowance adjusted in accordance with
(b) of this subsection, if they meet the following conditions:
(i) The retiree's designated beneficiary predeceases or
has predeceased the retiree; and
(ii) The retiree provides to the department proper proof
of the designated beneficiary's death.
(b) The retirement allowance payable to the retiree, as of
July 1, 1998, or the date of the designated beneficiary's death,
whichever comes last, shall be increased by the percentage
derived in (c) of this subsection.
(c) The percentage increase shall be derived by the following:
(i) One hundred percent multiplied by the result of (c)(ii)
of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate
joint and survivor option factor;
(iii) The joint and survivor option factor shall be from
the table in effect as of July 1, 1998.
(d) The adjustment under (b) of this subsection shall
accrue from the beginning of the month following the date of
the designated beneficiary's death or from July 1, 1998,
whichever comes last.
(4) No later than July 1, 2001, the department shall adopt
rules that allow a member additional actuarially equivalent
survivor benefit options, and shall include, but are not limited
to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments
pursuant to a property division obligation as provided for in
RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant
41.40.700
to this subsection and satisfies the conditions of (a)(i) of this
subsection shall have one year to designate their spouse as a
survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to
remove the survivor designation and have their future benefit
adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall adopt
rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.40.720 and the member's
divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member's benefit subsequent to the division
into two separate benefits shall be made solely to the separate
benefit of the member.
The nonmember ex spouse shall be eligible to commence
receiving their separate benefit upon reaching the age provided in RCW 41.40.630(1) and after filing a written application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (4) of this section. Any
actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of
the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2003
c 294 § 6; 2002 c 158 § 13; 2000 c 186 § 8; 1998 c 340 § 9;
1996 c 175 § 7; 1995 c 144 § 6; 1990 c 249 § 10; 1977 ex.s. c
295 § 7.]
Effective date—1998 c 340: See note following RCW 41.31.010.
Findings—1990 c 249: See note following RCW 2.10.146.
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
41.40.700
41.40.700 Death benefits. (1) Except as provided in
RCW 11.07.010, if a member or a vested member who has
not completed at least ten years of service dies, the amount of
the accumulated contributions standing to such member's
credit in the retirement system at the time of such member's
[2003 RCW Supp—page 509]
41.40.748
Title 41 RCW: Public Employment, Civil Service, and Pensions
death, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, shall be paid to the member's estate, or such person or persons, trust, or organization
as the member shall have nominated by written designation
duly executed and filed with the department. If there be no
such designated person or persons still living at the time of
the member's death, such member's accumulated contributions standing to such member's credit in the retirement system, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, shall be paid to the member's surviving spouse as if in fact such spouse had been nominated by written designation, or if there be no such surviving
spouse, then to such member's legal representatives.
(2) If a member who is eligible for retirement or a member who has completed at least ten years of service dies, the
surviving spouse or eligible child or children shall elect to
receive either:
(a) A retirement allowance computed as provided for in
RCW 41.40.630, actuarially reduced by the amount of any
lump sum benefit identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670 and actuarially adjusted to
reflect a joint and one hundred percent survivor option under
RCW 41.40.660 and, except under subsection (4) of this section, if the member was not eligible for normal retirement at
the date of death a further reduction as described in RCW
41.40.630; if a surviving spouse who is receiving a retirement
allowance dies leaving a child or children of the member
under the age of majority, then such child or children shall
continue to receive an allowance in an amount equal to that
which was being received by the surviving spouse, share and
share alike, until such child or children reach the age of
majority; if there is no surviving spouse eligible to receive an
allowance at the time of the member's death, such member's
child or children under the age of majority shall receive an
allowance share and share alike calculated as herein provided
making the assumption that the ages of the spouse and member were equal at the time of the member's death; or
(b) The member's accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670.
(3) If a member who is eligible for retirement or a member who has completed at least ten years of service dies after
October 1, 1977, and is not survived by a spouse or an eligible child, then the accumulated contributions standing to the
member's credit, less any amount identified as owing to an
obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be
paid:
(a) To a person or persons, estate, trust, or organization
as the member shall have nominated by written designation
duly executed and filed with the department; or
(b) If there is no such designated person or persons still
living at the time of the member's death, then to the member's
legal representatives.
(4) A member who is killed in the course of employment,
as determined by the director of the department of labor and
industries, is not subject to an actuarial reduction under RCW
[2003 RCW Supp—page 510]
41.40.630. The member's retirement allowance is computed
under RCW 41.40.620. [2003 c 155 § 7; 2000 c 247 § 1004;
1995 c 144 § 8; 1993 c 236 § 5; 1991 c 365 § 28; 1990 c 249
§ 18; 1977 ex.s. c 295 § 11.]
Applicability—2003 c 155: See note following RCW 41.32.520.
Severability—1991 c 365: See note following RCW 41.50.500.
Findings—1990 c 249: See note following RCW 2.10.146.
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
41.40.748
41.40.748 Commercial vehicle enforcement officers—Limited optional transfer to Washington state
patrol retirement system. (1) Active members of the Washington state patrol retirement system who have previously
established service credit in the public employees' retirement
system plan 2 while employed in the state patrol as a commercial vehicle enforcement officer, and who became a commissioned officer after July 1, 2000, and prior to June 30,
2001, have the following options:
(a) Remain a member of the public employees' retirement system; or
(b) Transfer service credit earned under the retirement
system as a commercial vehicle enforcement officer to the
Washington state patrol retirement system by making an irrevocable choice filed in writing with the department of retirement systems within one year of the department's announcement of the ability to make such a transfer.
(2)(a) Any commissioned officer choosing to transfer
under this section shall have transferred from the retirement
system to the Washington state patrol retirement system:
(i) All the employee's applicable accumulated contributions plus interest, and an equal amount of employer contributions attributed to such employee; and
(ii) All applicable months of service as a commercial
vehicle enforcement officer credited to the employee under
this chapter as though that service was rendered as a member
of the Washington state patrol retirement system.
(b) For the applicable period of service, the employee
shall pay:
(i) The difference between the contributions the
employee paid to the retirement system, and the contributions
which would have been paid by the employee had the
employee been a member of the Washington state patrol
retirement system, plus interest as determined by the director.
This payment shall be made no later than December 31, 2010,
or the date of retirement, whichever comes first;
(ii) The difference between the employer contributions
paid to the public employees' retirement system, and the
employer contributions which would have been payable to
the Washington state patrol retirement system; and
(iii) An amount sufficient to ensure that the funding status of the Washington state patrol retirement system will not
change due to this transfer.
(c) If the payment required by this subsection is not paid
in full by the deadline, the transferred service credit shall not
be used to determine eligibility for benefits nor to calculate
benefits under the Washington state patrol retirement system.
In such case, the employee's accumulated contributions plus
interest transferred under this subsection, and any payments
made under this subsection, shall be refunded to the
Washington Public Employees' Retirement System
employee. The employer shall be entitled to a credit for the
employer contributions transferred under this subsection.
(d) An individual who transfers service credit and contributions under this subsection is permanently excluded from
the public employees' retirement system for all service as a
commercial vehicle enforcement officer. [2003 c 294 § 7;
2002 c 269 § 1.]
41.40.845
(2) A member who is killed in the course of employment,
as determined by the director of the department of labor and
industries, is not subject to an actuarial reduction under RCW
41.40.820. The member's retirement allowance is computed
under RCW 41.40.790. [2003 c 155 § 8; 2000 c 247 § 312.]
Applicability—2003 c 155: See note following RCW 41.32.520.
41.40.845
41.40.787
41.40.787 Right to waive benefit—Irrevocable
choice. Any member receiving or having received a distribution under chapter 41.34 RCW may make an irrevocable
choice to waive all rights to a benefit under RCW 41.40.790
by notifying the department in writing of their intention.
[2003 c 349 § 3.]
Effective date—2003 c 349: See note following RCW 41.32.837.
41.40.801
41.40.801 Application for and effective date of retirement allowances. Any member or beneficiary eligible to
receive a retirement allowance under the provisions of RCW
41.40.820, 41.40.825, or 41.40.835 is eligible to commence
receiving a retirement allowance after having filed written
application with the department.
(1) Retirement allowances paid to members shall accrue
from the first day of the calendar month immediately following such member's separation from employment.
(2) Retirement allowances payable to eligible members
no longer in service, but qualifying for such an allowance
pursuant to RCW 41.40.820 shall accrue from the first day of
the calendar month immediately following such qualification.
(3) Disability allowances paid to disabled members shall
accrue from the first day of the calendar month immediately
following such member's separation from employment for
disability.
(4) Retirement allowances paid as death benefits shall
accrue from the first day of the calendar month immediately
following the member's death. [2003 c 294 § 8; 2000 c 247 §
305.]
41.40.835
41.40.835 Death benefits. (1) If a member dies prior to
retirement, the surviving spouse or eligible child or children
shall receive a retirement allowance computed as provided in
RCW 41.40.790 actuarially reduced to reflect a joint and one
hundred percent survivor option and, except under subsection
(2) of this section, if the member was not eligible for normal
retirement at the date of death a further reduction as described
in RCW 41.40.820.
If the surviving spouse who is receiving the retirement
allowance dies leaving a child or children under the age of
majority, then such child or children shall continue to receive
an allowance in an amount equal to that which was being
received by the surviving spouse, share and share alike, until
such child or children reach the age of majority.
If there is no surviving spouse eligible to receive an
allowance at the time of the member's death, such member's
child or children under the age of majority shall receive an
allowance, share and share alike. The allowance shall be calculated with the assumption that the age of the spouse and
member were equal at the time of the member's death.
41.40.845 Options for payment of retirement allowances—Court-approved property settlement. (1) Upon
retirement for service as prescribed in RCW 41.40.820 or
retirement for disability under RCW 41.40.825, a member
shall elect to have the retirement allowance paid pursuant to
one of the following options, calculated so as to be actuarially
equivalent to each other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout such
member's life. Upon the death of the member, the member's
benefits shall cease.
(b) The department shall adopt rules that allow a member
to select a retirement option that pays the member a reduced
retirement allowance and upon death, such portion of the
member's reduced retirement allowance as the department by
rule designates shall be continued throughout the life of and
paid to a person nominated by the member by written designation duly executed and filed with the department at the time
of retirement. The options adopted by the department shall
include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor
option.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and the member's
spouse do not give written consent to an option under this
section, the department shall pay a joint and fifty percent survivor benefit calculated to be actuarially equivalent to the
benefit options available under subsection (1) of this section
unless spousal consent is not required as provided in (b) of
this subsection.
(b) If a copy of a dissolution order designating a survivor
beneficiary under RCW 41.50.790 has been filed with the
department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made
by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3) No later than July 1, 2002, the department shall adopt
rules that allow a member additional actuarially equivalent
survivor benefit options, and shall include, but are not limited
to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments
pursuant to a property division obligation as provided for in
RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted under this
section and satisfies the conditions of (a)(i) of this subsection
[2003 RCW Supp—page 511]
Chapter 41.45
Title 41 RCW: Public Employment, Civil Service, and Pensions
shall have one year to designate their spouse as a survivor
beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to
remove the survivor designation and have their future benefit
adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(4) No later than July 1, 2003, the department shall adopt
rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.40.820(1) and the member's
divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member's benefit subsequent to the division
into two separate benefits shall be made solely to the separate
benefit of the member.
The nonmember ex spouse shall be eligible to commence
receiving their separate benefit upon reaching the age provided in RCW 41.40.820(1) and after filing a written application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (3) of this section. Any
actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of
the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) Any benefit distributed under chapter 41.31A RCW
after the date of the dissolution order creating separate benefits for a member and nonmember ex spouse shall be paid
solely to the member.
(d) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2003
c 294 § 9; 2002 c 158 § 14; 2000 c 247 § 314.]
Chapter 41.45
Chapter 41.45 RCW
ACTUARIAL FUNDING OF STATE
RETIREMENT SYSTEMS
Sections
41.45.020
41.45.035
41.45.054
41.45.060
41.45.0604
41.45.070
41.45.070
41.45.090
41.45.110
Basic state and employer contribution rates adopted by council.
Contribution rates—Law enforcement officers' and fire fighters' retirement system plan 2.
Supplemental rate (as amended by 2003 c 92).
Supplemental rate (as amended by 2003 1st sp.s. c 11).
Collection of actuarial data.
Pension funding council—Audits required—Select committee
on pension policy.
41.45.020
41.45.020 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise.
(1) "Council" means the pension funding council created
in RCW 41.45.100.
(2) "Department" means the department of retirement
systems.
(3) "Law enforcement officers' and fire fighters' retirement system plan 1" and "law enforcement officers' and fire
fighters' retirement system plan 2" means the benefits and
funding provisions under chapter 41.26 RCW.
(4) "Public employees' retirement system plan 1," "public employees' retirement system plan 2," and "public
employees' retirement system plan 3" mean the benefits and
funding provisions under chapter 41.40 RCW.
(5) "Teachers' retirement system plan 1," "teachers'
retirement system plan 2," and "teachers' retirement system
plan 3" mean the benefits and funding provisions under chapter 41.32 RCW.
(6) "School employees' retirement system plan 2" and
"school employees' retirement system plan 3" mean the benefits and funding provisions under chapter 41.35 RCW.
(7) "Washington state patrol retirement system" means
the retirement benefits provided under chapter 43.43 RCW.
(8) "Unfunded liability" means the unfunded actuarial
accrued liability of a retirement system.
(9) "Actuary" or "state actuary" means the state actuary
employed under chapter 44.44 RCW.
(10) "State retirement systems" means the retirement
systems listed in RCW 41.50.030.
(11) "Classified employee" means a member of the
Washington school employees' retirement system plan 2 or
plan 3 as defined in RCW 41.35.010.
(12) "Teacher" means a member of the teachers' retirement system as defined in RCW 41.32.010(15).
(13) "Select committee" means the select committee on
pension policy created in RCW 41.04.276. [2003 c 295 § 8;
2002 c 26 § 4. Prior: 2001 2nd sp.s. c 11 § 4; 2001 2nd sp.s.
c 11 § 3; 2000 c 247 § 502; 1998 c 341 § 402; 1998 c 283 §
1; 1995 c 239 § 306; 1989 c 273 § 2.]
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.010.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
Definitions.
Long-term economic assumptions—Asset value smoothing
technique.
Contribution rates—Applicable dates.
[2003 RCW Supp—page 512]
41.45.035
41.45.035 Long-term economic assumptions—Asset
value smoothing technique. (1) Beginning July 1, 2001, the
Actuarial Funding of State Retirement Systems
following long-term economic assumptions shall be used by
the state actuary for the purposes of RCW 41.45.030:
(a) The growth in inflation assumption shall be 3.5 percent;
(b) The growth in salaries assumption, exclusive of merit
or longevity increases, shall be 4.5 percent;
(c) The investment rate of return assumption shall be 8
percent; and
(d) The growth in system membership assumption shall
be 1.25 percent for the public employees' retirement system,
the school employees' retirement system, and the law
enforcement officers' and fire fighters' retirement system.
The assumption shall be .90 percent for the teachers' retirement system.
(2) Beginning with actuarial studies done after July 1,
2003, changes to plan asset values that vary from the longterm investment rate of return assumption shall be recognized
over a period that varies up to eight years depending on the
magnitude of the deviation of each year's investment rate of
return relative to the long-term rate of return assumption.
Beginning April 1, 2004, the council, by affirmative vote of
four councilmembers, may adopt changes to this asset value
smoothing technique. Any changes adopted by the council
shall be subject to revision by the legislature. [2003 1st sp.s.
c 11 § 1; 2001 2nd sp.s. c 11 § 6.]
Effective date—2003 1st sp.s. c 11: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect July
1, 2003." [2003 1st sp.s. c 11 § 4.]
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
41.45.054
41.45.054 Contribution rates—Applicable dates.
The basic employer and state contribution rates and plan 2
member contribution rates are changed to reflect the 2000
actuarial valuation, incorporating the 1995-2000 actuarial
experience study conducted by the office of the state actuary.
The results of the 2001 actuarial valuation for the public
employees' retirement system, the teachers' retirement system, and the school employees' retirement system shall be
restated as a result of the new asset smoothing method
adopted in RCW 41.45.035, and suspension of payments on
the unfunded liability in the public employees' retirement
system and teachers' retirement system, to collect the following contribution rates:
(1) Beginning July 1, 2003, the following employer contribution rates shall be charged:
(a) 1.18 percent for the public employees' retirement system; and
(b) 3.03 percent for the law enforcement officers' and
fire fighters' retirement system plan 2.
(2) Beginning July 1, 2003, the basic state contribution
rate for the law enforcement officers' and fire fighters' retirement system plan 2 shall be 2.02 percent.
(3) Beginning September 1, 2003, the following
employer contribution rates shall be charged:
(a) 0.84 percent for the school employees' retirement
system; and
(b) 1.17 percent for the teachers' retirement system.
(4) Beginning July 1, 2003, the following member contribution rates shall be charged:
41.45.060
(a) 1.18 percent for the public employees' retirement system plan 2; and
(b) 5.05 percent for the law enforcement officers' and
fire fighters' retirement system plan 2.
(5) Beginning September 1, 2003, the following member
contribution rates shall be charged:
(a) 0.84 percent for the school employees' retirement
system plan 2; and
(b) 0.87 percent for the teachers' retirement system plan
2.
(6) The contribution rates in this section shall be collected through June 30, 2005, for the public employees'
retirement system and the law enforcement officers' and fire
fighters' retirement system, and August 31st, 2005, for the
school employees' retirement system and the teachers' retirement system.
(7) The July 1, 2003, contribution rate changes provided
in this section shall be implemented notwithstanding the
thirty-day advanced notice provisions of RCW 41.45.067.
[2003 1st sp.s. c 11 § 2; 2002 c 7 § 1.]
Effective date—2003 1st sp.s. c 11: See note following RCW
41.45.035.
Effective date—2002 c 7: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect April 1, 2002."
[2002 c 7 § 3.]
41.45.060
41.45.060 Basic state and employer contribution
rates adopted by council. (1) The state actuary shall provide actuarial valuation results based on the economic
assumptions and asset value smoothing technique included in
RCW 41.45.035 or adopted by the council under RCW
41.45.030 or 41.45.035.
(2) Not later than September 30, 2002, and every two
years thereafter, consistent with the economic assumptions
and asset value smoothing technique included in RCW
41.45.035 or adopted under RCW 41.45.030 or 41.45.035,
the council shall adopt and may make changes to:
(a) A basic state contribution rate for the law enforcement officers' and fire fighters' retirement system plan 1;
(b) Basic employer contribution rates for the public
employees' retirement system, the teachers' retirement system, and the Washington state patrol retirement system to be
used in the ensuing biennial period; and
(c) A basic employer contribution rate for the school
employees' retirement system for funding both that system
and the public employees' retirement system plan 1.
The contribution rates adopted by the council shall be
subject to revision by the legislature.
(3) The employer and state contribution rates adopted by
the council shall be the level percentages of pay that are
needed:
(a) To fully amortize the total costs of the public employees' retirement system plan 1, the teachers' retirement system
plan 1, and the law enforcement officers' and fire fighters'
retirement system plan 1 not later than June 30, 2024; and
(b) To also continue to fully fund the public employees'
retirement system plans 2 and 3, the teachers' retirement system plans 2 and 3, and the school employees' retirement system plans 2 and 3 in accordance with RCW 41.45.061,
41.45.067, and this section.
[2003 RCW Supp—page 513]
41.45.0604
Title 41 RCW: Public Employment, Civil Service, and Pensions
(4) The aggregate actuarial cost method shall be used to
calculate a combined plan 2 and 3 employer contribution rate
and a Washington state patrol retirement system contribution
rate.
(5) The council shall immediately notify the directors of
the office of financial management and department of retirement systems of the state and employer contribution rates
adopted. The rates shall be effective for the ensuing biennial
period, subject to any legislative modifications.
(6) The director of the department of retirement systems
shall collect the rates established in *RCW 41.45.053
through June 30, 2003. Thereafter, the director shall collect
those rates adopted by the council. The rates established in
*RCW 41.45.053, or by the council, shall be subject to revision by the council. [2003 c 294 § 10; 2003 c 92 § 3; 2002 c
26 § 2. Prior: 2001 2nd sp.s. c 11 § 10; 2001 c 329 § 10;
2000 2nd sp.s. c 1 § 905; 2000 c 247 § 504; prior: 1998 c 341
§ 404; 1998 c 340 § 11; 1998 c 283 § 6; 1995 c 239 § 309;
1993 c 519 § 19; 1992 c 239 § 2; 1990 c 18 § 1; 1989 c 273 §
6.]
Reviser's note: *(1) RCW 41.45.053 was repealed by 2002 c 7 § 2.
Compare provisions of RCW 41.45.054.
(2) This section was amended by 2003 c 92 § 3 and by 2003 c 294 § 10,
each without reference to the other. Both amendments are incorporated in
the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2003 c 92: See RCW 41.26.905 and
41.26.906.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
Effective date—2001 c 329: See note following RCW 43.43.120.
Severability—Effective date—2000 2nd sp.s. c 1: See notes following RCW 41.05.143.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See note following RCW 41.34.060.
Effective date—1998 c 340: See note following RCW 41.31.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Part headings not law—Effective date—1993 c 519: See notes following RCW 28A.400.212.
Effective date—1992 c 239: "This act shall take effect September 1,
1992." [1992 c 239 § 6.]
Effective date—1990 c 18: "This act shall take effect September 1,
1991." [1990 c 18 § 3.]
Benefits not contractual right until date specified: RCW 41.34.100.
41.45.0604
41.45.0604 Contribution rates—Law enforcement
officers' and fire fighters' retirement system plan 2. (1)
Not later than September 30, 2004, and every even-numbered
year thereafter, the law enforcement officers' and fire fighters' plan 2 retirement board shall adopt contribution rates for
the law enforcement officers' and fire fighters' retirement system plan 2 as provided in RCW 41.26.720(1)(a).
(2) The law enforcement officers' and fire fighters' plan
2 retirement board shall immediately notify the directors of
the office of financial management and department of retirement systems of the state, employer, and employee rates
adopted. Thereafter, the director shall collect those rates
adopted by the board. The rates shall be effective for the
[2003 RCW Supp—page 514]
ensuing biennial period, subject to any legislative modifications. [2003 c 92 § 4.]
Severability—Effective date—2003 c 92: See RCW 41.26.905 and
41.26.906.
41.45.070
41.45.070 Supplemental rate (as amended by 2003 c 92). (1) In
addition to the basic employer contribution rate established in RCW
41.45.060 ((or 41.45.053)), the department shall also charge employers of
public employees' retirement system, teachers' retirement system, school
employees' retirement system, or Washington state patrol retirement system
members an additional supplemental rate to pay for the cost of additional
benefits, if any, granted to members of those systems. Except as provided in
subsections (6) and (7) of this section, the supplemental contribution rates
required by this section shall be calculated by the state actuary and shall be
charged regardless of language to the contrary contained in the statute which
authorizes additional benefits.
(2) In addition to the basic member, employer, and state contribution
rate established in ((RCW 41.45.060 or 41.45.053)) RCW 41.45.0604 for the
law enforcement officers' and fire fighters' retirement system plan 2, the
department shall also establish ((a)) supplemental rates to pay for the cost of
additional benefits, if any, granted to members of the law enforcement officers' and fire fighters' retirement system plan 2. Except as provided in subsection (6) of this section, ((this)) these supplemental rates shall be calculated by
the actuary retained by the law enforcement officers' and fire fighters' board
and the state actuary through the process provided in RCW 41.26.720(1)(a)
and the state treasurer shall transfer the additional required contributions
regardless of language to the contrary contained in the statute which authorizes the additional benefits.
(3) The supplemental rate charged under this section to fund benefit
increases provided to active members of the public employees' retirement
system plan 1, the teachers' retirement system plan 1, and Washington state
patrol retirement system, shall be calculated as the level percentage of all
members' pay needed to fund the cost of the benefit not later than June 30,
2024.
(4) The supplemental rate charged under this section to fund benefit
increases provided to active and retired members of the public employees'
retirement system plan 2 and plan 3, the teachers' retirement system plan 2
and plan 3, or the school employees' retirement system plan 2 and plan 3((,
or the law enforcement officers' and fire fighters' retirement system plan 2,))
shall be calculated as the level percentage of all members' pay needed to fund
the cost of the benefit, as calculated under RCW 41.45.060, 41.45.061, or
41.45.067.
(5) The supplemental rate charged under this section to fund postretirement adjustments which are provided on a nonautomatic basis to current
retirees shall be calculated as the percentage of pay needed to fund the
adjustments as they are paid to the retirees. The supplemental rate charged
under this section to fund automatic postretirement adjustments for active or
retired members of the public employees' retirement system plan 1 and the
teachers' retirement system plan 1 shall be calculated as the level percentage
of pay needed to fund the cost of the automatic adjustments not later than
June 30, 2024.
(6) A supplemental rate shall not be charged to pay for the cost of additional benefits granted to members pursuant to chapter 340, Laws of 1998.
(7) A supplemental rate shall not be charged to pay for the cost of additional benefits granted to members pursuant to chapter 41.31A RCW; section
309, chapter 341, Laws of 1998; or section 701, chapter 341, Laws of 1998.
[2003 c 92 § 5. Prior: 2001 2nd sp.s. c 11 § 16; 2001 2nd sp.s. c 11 § 15;
2000 c 247 § 505; 1998 c 340 § 10; 1995 c 239 § 310; 1990 c 18 § 2; 1989
1st ex.s. c 1 § 1; 1989 c 273 § 7.]
Severability—Effective date—2003 c 92: See RCW 41.26.905 and
41.26.906.
41.45.070
41.45.070 Supplemental rate (as amended by 2003 1st sp.s. c 11).
(1) In addition to the basic employer contribution rate established in RCW
41.45.060 or ((41.45.053)) 41.45.054, the department shall also charge
employers of public employees' retirement system, teachers' retirement system, school employees' retirement system, or Washington state patrol retirement system members an additional supplemental rate to pay for the cost of
additional benefits, if any, granted to members of those systems. Except as
provided in subsections (6) and (7) of this section, the supplemental contribution rates required by this section shall be calculated by the state actuary
and shall be charged regardless of language to the contrary contained in the
statute which authorizes additional benefits.
Department of Retirement Systems
(2) In addition to the basic state contribution rate established in RCW
41.45.060 or ((41.45.053)) 41.45.054 for the law enforcement officers' and
fire fighters' retirement system plan 2, the department shall also establish a
supplemental rate to pay for the cost of additional benefits, if any, granted to
members of the law enforcement officers' and fire fighters' retirement system
plan 2. Except as provided in subsection (6) of this section, this supplemental rate shall be calculated by the state actuary and the state treasurer shall
transfer the additional required contributions regardless of language to the
contrary contained in the statute which authorizes the additional benefits.
(3) The supplemental rate charged under this section to fund benefit
increases provided to active members of the public employees' retirement
system plan 1, the teachers' retirement system plan 1, and Washington state
patrol retirement system, shall be calculated as the level percentage of all
members' pay needed to fund the cost of the benefit not later than June 30,
2024.
(4) The supplemental rate charged under this section to fund benefit
increases provided to active and retired members of the public employees'
retirement system plan 2 and plan 3, the teachers' retirement system plan 2
and plan 3, the school employees' retirement system plan 2 and plan 3, or the
law enforcement officers' and fire fighters' retirement system plan 2, shall be
calculated as the level percentage of all members' pay needed to fund the cost
of the benefit, as calculated under RCW 41.45.060, 41.45.061, or 41.45.067.
(5) The supplemental rate charged under this section to fund postretirement adjustments which are provided on a nonautomatic basis to current
retirees shall be calculated as the percentage of pay needed to fund the
adjustments as they are paid to the retirees. The supplemental rate charged
under this section to fund automatic postretirement adjustments for active or
retired members of the public employees' retirement system plan 1 and the
teachers' retirement system plan 1 shall be calculated as the level percentage
of pay needed to fund the cost of the automatic adjustments not later than
June 30, 2024.
(6) A supplemental rate shall not be charged to pay for the cost of additional benefits granted to members pursuant to chapter 340, Laws of 1998.
(7) A supplemental rate shall not be charged to pay for the cost of additional benefits granted to members pursuant to chapter 41.31A RCW; section
309, chapter 341, Laws of 1998; or section 701, chapter 341, Laws of 1998.
[2003 1st sp.s. c 11 § 3. Prior: 2001 2nd sp.s. c 11 § 16; 2001 2nd sp.s. c 11
§ 15; 2000 c 247 § 505; 1998 c 340 § 10; 1995 c 239 § 310; 1990 c 18 § 2;
1989 1st ex.s. c 1 § 1; 1989 c 273 § 7.]
Reviser's note: RCW 41.45.070 was amended twice during the 2003
legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Effective date—2003 1st sp.s. c 11: See note following RCW
41.45.035.
notify the state actuary of any changes it makes, or intends to
make, in the collection and maintenance of such data.
At least once in each six-year period, the state actuary
shall conduct an actuarial experience study of the mortality,
service, compensation and other experience of the members
and beneficiaries of each state retirement system, and into the
financial condition of each system. The results of each investigation shall be filed with the department, the office of financial management, the budget writing committees of the
Washington house of representatives and senate, the select
committee on pension policy, and the pension funding council. Upon the basis of such actuarial investigation the department shall adopt such tables, schedules, factors, and regulations as are deemed necessary in the light of the findings of
the actuary for the proper operation of the state retirement
systems. [2003 c 295 § 9; 1998 c 283 § 7; 1989 c 273 § 9.]
41.45.110
41 . 45 .1 1 0 P en sio n fun ding c o uncil—Au dit s
required—Select committee on pension policy. The pension funding council shall solicit and administer a biennial
actuarial audit of the actuarial valuations used for rate-setting
purposes. This audit will be conducted concurrent with the
actuarial valuation performed by the state actuary. At least
once in each six-year period, the pension funding council
shall solicit and administer an actuarial audit of the results of
the experience study required in RCW 41.45.090. Upon
receipt of the results of the actuarial audits required by this
section, the pension funding council shall submit the results
to the select committee on pension policy. [2003 c 295 § 10;
1998 c 283 § 3.]
Chapter 41.50 RCW
DEPARTMENT OF RETIREMENT SYSTEMS
Chapter 41.50
Sections
41.50.110
41.50.700
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.010.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Effective date—1998 c 340: See note following RCW 41.31.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Effective date—1990 c 18: See note following RCW 41.45.060.
Benefits not contractual right until date specified: RCW 41.34.100.
41.45.090
41.45.090 Collection of actuarial data. The department shall collect and keep in convenient form such data as
shall be necessary for an actuarial valuation of the assets and
liabilities of the state retirement systems, and for making an
actuarial investigation into the mortality, service, compensation, and other experience of the members and beneficiaries
of those systems. The department and state actuary shall
enter into a memorandum of understanding regarding the
specific data the department will collect, when it will be collected, and how it will be maintained. The department shall
41.50.110
Expenses of administration paid from department of retirement systems expense fund—Administrative expense fee.
Property division obligations—Cessation upon death of obligee or obligor—Payment treated as deduction from member's periodic retirement payment.
41.50.110
41.50.110 Expenses of administration paid from
department of retirement systems expense fund—Administrative expense fee. (1) Except as provided by RCW
41.50.255 and subsection (6) of this section, all expenses of
the administration of the department, the expenses of administration of the retirement systems, and the expenses of the
administration of the office of the state actuary created in
chapters 2.10, 2.12, 41.26, 41.32, 41.40, 41.34, 41.35, 43.43,
and 44.44 RCW shall be paid from the department of retirement systems expense fund.
(2) In order to reimburse the department of retirement
systems expense fund on an equitable basis the department
shall ascertain and report to each employer, as defined in
RCW 41.26.030, 41.32.010, 41.35.010, or 41.40.010, the
sum necessary to defray its proportional share of the entire
expense of the administration of the retirement system that
the employer participates in during the ensuing biennium or
fiscal year whichever may be required. Such sum is to be
computed in an amount directly proportional to the estimated
entire expense of the administration as the ratio of monthly
salaries of the employer's members bears to the total salaries
of all members in the entire system. It shall then be the duty
[2003 RCW Supp—page 515]
41.50.700
Title 41 RCW: Public Employment, Civil Service, and Pensions
of all such employers to include in their budgets or otherwise
provide the amounts so required.
(3) The department shall compute and bill each
employer, as defined in RCW 41.26.030, 41.32.010,
41.35.010, or 41.40.010, at the end of each month for the
amount due for that month to the department of retirement
systems expense fund and the same shall be paid as are its
other obligations. Such computation as to each employer
shall be made on a percentage rate of salary established by
the department. However, the department may at its discretion establish a system of billing based upon calendar year
quarters in which event the said billing shall be at the end of
each such quarter.
(4) The director may adjust the expense fund contribution rate for each system at any time when necessary to
reflect unanticipated costs or savings in administering the
department.
(5) An employer who fails to submit timely and accurate
reports to the department may be assessed an additional fee
related to the increased costs incurred by the department in
processing the deficient reports. Fees paid under this subsection shall be deposited in the retirement system expense fund.
(a) Every six months the department shall determine the
amount of an employer's fee by reviewing the timeliness and
accuracy of the reports submitted by the employer in the preceding six months. If those reports were not both timely and
accurate the department may prospectively assess an additional fee under this subsection.
(b) An additional fee assessed by the department under
this subsection shall not exceed fifty percent of the standard
fee.
(c) The department shall adopt rules implementing this
section.
(6) Expenses other than those under RCW 41.34.060(3)
shall be paid pursuant to subsection (1) of this section.
(7) During the 2003-2005 fiscal biennium, the legislature
may transfer from the department of retirement systems'
expense fund to the state general fund such amounts as reflect
the excess fund balance of the fund. [2003 1st sp.s. c 25 §
914. Prior: 2003 c 295 § 3; 2003 c 294 § 11; 1998 c 341 §
508; 1996 c 39 § 17; 1995 c 239 § 313; 1990 c 8 § 3; 1979
ex.s. c 249 § 8.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Effective date—1998 c 341: See RCW 41.35.901.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Findings—1990 c 8: See note following RCW 41.50.065.
Benefits not contractual right until date specified: RCW 41.34.100.
41.50.700
41.50.700 Property division obligations—Cessation
upon death of obligee or obligor—Payment treated as
deduction from member's periodic retirement payment.
(1) Except under subsection (3) of this section and RCW
41.26.460(5), 41.32.530(5), 41.32.785(5), 41.32.851(4),
41.35.220(4), 41.40.188(5), 41.40.660(5), 41.40.845(4),
43.43.271(4), and 41.34.080, the department's obligation to
provide direct payment of a property division obligation to an
[2003 RCW Supp—page 516]
obligee under RCW 41.50.670 shall cease upon the death of
the obligee or upon the death of the obligor, whichever comes
first. However, if an obligor dies and is eligible for a lump
sum death benefit, the department shall be obligated to provide direct payment to the obligee of all or a portion of the
withdrawal of accumulated contributions pursuant to a court
order that complies with RCW 41.50.670.
(2) The direct payment of a property division obligation
to an obligee under RCW 41.50.670 shall be paid as a deduction from the member's periodic retirement payment. An
obligee may not direct the department to withhold any funds
from such payment.
(3) The department's obligation to provide direct payment to a nonmember ex spouse from a preretirement divorce
meeting the criteria of RCW 41.26.162(2) or 43.43.270(2)
may continue for the life of the member's surviving spouse
qualifying for benefits under RCW 41.26.160, 41.26.161, or
43.43.270(2). Upon the death of the member's surviving
spouse qualifying for benefits under RCW 41.26.160,
41.26.161, or 43.43.270(2), the department's obligation under
this subsection shall cease. The department's obligation to
provide direct payment to a nonmember ex spouse qualifying
for a con tinu ed split benefit paym ent und er RCW
41.26.162(3) shall continue for the life of that nonmember ex
spouse. [2003 c 294 § 12; 2002 c 158 § 6; 1991 c 365 § 16.]
Severability—1991 c 365: See note following RCW 41.50.500.
Chapter 41.54
Chapter 41.54 RCW
PORTABILITY OF PUBLIC
RETIREMENT BENEFITS
Sections
41.54.030
41.54.061
41.54.030
Calculation of service retirement allowance.
Decodified.
41.54.030 Calculation of service retirement allowance. (1) A dual member may combine service in all systems
for the purpose of:
(a) Determining the member's eligibility to receive a service retirement allowance; and
(b) Qualifying for a benefit under RCW 41.32.840(2),
41.35.620, or 41.40.790.
(2) A dual member who is eligible to retire under any
system may elect to retire from all the member's systems and
to receive service retirement allowances calculated as provided in this section. Each system shall calculate the allowance using its own criteria except that the member shall be
allowed to substitute the member's base salary from any system as the compensation used in calculating the allowance.
(3) The service retirement allowances from a system
which, but for this section, would not be allowed to be paid at
this date based on the dual member's age may be received
immediately or deferred to a later date. The allowances shall
be actuarially adjusted from the earliest age upon which the
combined service would have made such dual member eligible in that system.
(4) The service retirement eligibility requirements of
RCW 41.40.180 shall apply to any dual member whose prior
system is plan 1 of the public employees' retirement system
established under chapter 41.40 RCW. [2003 c 294 § 13;
1998 c 341 § 703. Prior: 1996 c 55 § 4; 1996 c 55 § 3; 1996
Public Employees' Collective Bargaining
c 39 § 19; 1995 c 239 § 319; 1990 c 192 § 2; 1988 c 195 § 2;
1987 c 192 § 3.]
Effective date—1998 c 341: See RCW 41.35.901.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.54.061
41.54.061 Decodified. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
Chapter 41.56 RCW
PUBLIC EMPLOYEES' COLLECTIVE BARGAINING
Chapter 41.56
Sections
41.56.027
Application of chapter to passenger-only ferry employees.
41.56.027
41.56.027 Application of chapter to passenger-only
ferry employees. In addition to the entities listed in RCW
41.56.020, this chapter does apply to:
(1) Public employees of public transportation benefit
areas providing passenger-only ferry service as provided in
RCW 47.64.090; and
(2) Public employees of ferry districts providing passenger-only ferry service as provided in RCW 47.64.090. [2003
c 91 § 2.]
Contingent effective date—2003 c 91: See note following RCW
47.64.090.
42.17.090
the term of office, if such a vacancy occurs on or after the
sixth Tuesday prior to the primary for that general election,
the election of the successor shall occur at the next succeeding general election. The elected successor shall hold office
for the remainder of the unexpired term. This section shall
not apply to any vacancy occurring in a charter county which
has charter provisions inconsistent with this section.
(2) If a vacancy occurs in any legislative office or in any
partisan county office after the general election in a year that
the position appears on the ballot and before the start of the
next term, the term of the successor who is of the same party
as the incumbent may commence once he or she has qualified
as defined in *RCW 29.01.135 and shall continue through the
term for which he or she was elected. [2003 c 238 § 4; 2002
c 108 § 2; 1981 c 180 § 1.]
*Reviser's note: RCW 29.01.135 was recodified as RCW 29A.04.133
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Contingent effective date—2003 c 238: See note following RCW
36.16.110.
Severability—1981 c 180: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1981 c 180 § 6.]
County office, appointment of acting official: RCW 36.16.115.
Filing period, special: RCW 29A.24.210.
Chapter 42.17 RCW
DISCLOSURE—CAMPAIGN FINANCES—
LOBBYING—RECORDS
Chapter 42.17
Sections
Title 42
Title 42
PUBLIC OFFICERS AND AGENCIES
42.17.090
42.17.093
42.17.310
42.17.310
Chapters
42.12 Vacancies.
42.17 Disclosure—Campaign finances—Lobbying—
Records.
42.20 Misconduct of public officers.
42.30 Open public meetings act.
42.44 Notaries public.
42.52 Ethics in public service.
Chapter 42.12
Chapter 42.12 RCW
VACANCIES
Sections
42.12.040
42.12.040
Vacancy in partisan elective office—Successor elected—
When. (Effective if the proposed amendment to Article II,
section 15 of the state Constitution is approved at the
November 2003 general election.)
42.12.040 Vacancy in partisan elective office—Successor elected—When. (Effective if the proposed amendment to Article II, section 15 of the state Constitution is
approved at the November 2003 general election.) (1) If a
vacancy occurs in any partisan elective office in the executive
or legislative branches of state government or in any partisan
county elective office before the sixth Tuesday prior to the
primary for the next general election following the occurrence of the vacancy, a successor shall be elected to that
office at that general election. Except during the last year of
42.17.31919
42.17.710
Contents of report.
Out-of-state political committees—Reports.
Certain personal and other records exempt. (Expires June 30,
2005.)
Certain personal and other records exempt. (Effective June
30, 2005.)
Public livestock market information exempt.
Time limit for state official to solicit or accept contributions.
42.17.090
42.17.090 Contents of report. (1) Each report required
under RCW 42.17.080 (1) and (2) shall disclose the following:
(a) The funds on hand at the beginning of the period;
(b) The name and address of each person who has made
one or more contributions during the period, together with the
money value and date of such contributions and the aggregate
value of all contributions received from each such person
during the campaign or in the case of a continuing political
committee, the current calendar year: PROVIDED, That
pledges in the aggregate of less than one hundred dollars
from any one person need not be reported: PROVIDED
FURTHER, That the income which results from a fund-raising activity conducted in accordance with RCW 42.17.067
may be reported as one lump sum, with the exception of that
portion of such income which was received from persons
whose names and addresses are required to be included in the
report required by RCW 42.17.067: PROVIDED FURTHER, That contributions of no more than twenty-five dollars in the aggregate from any one person during the election
campaign may be reported as one lump sum so long as the
campaign treasurer maintains a separate and private list of the
name, address, and amount of each such contributor: PRO[2003 RCW Supp—page 517]
42.17.093
Title 42 RCW: Public Officers and Agencies
VIDED FURTHER, That the money value of contributions
of postage shall be the face value of such postage;
(c) Each loan, promissory note, or security instrument to
be used by or for the benefit of the candidate or political committee made by any person, together with the names and
addresses of the lender and each person liable directly, indirectly or contingently and the date and amount of each such
loan, promissory note, or security instrument;
(d) All other contributions not otherwise listed or
exempted;
(e) The name and address of each candidate or political
committee to which any transfer of funds was made, together
with the amounts and dates of such transfers;
(f) The name and address of each person to whom an
expenditure was made in the aggregate amount of more than
fifty dollars during the period covered by this report, and the
amount, date, and purpose of each such expenditure. A candidate for state executive or state legislative office or the
political committee of such a candidate shall report this information for an expenditure under one of the following categories, whichever is appropriate: (i) Expenditures for the election of the candidate; (ii) expenditures for nonreimbursed
public office-related expenses; (iii) expenditures required to
be reported under (e) of this subsection; or (iv) expenditures
of surplus funds and other expenditures. The report of such a
candidate or committee shall contain a separate total of
expenditures for each category and a total sum of all expenditures. Other candidates and political committees need not
report information regarding expenditures under the categories listed in (i) through (iv) of this subsection or under similar such categories unless required to do so by the commission by rule. The report of such an other candidate or committee shall also contain the total sum of all expenditures;
(g) The name and address of each person to whom any
expenditure was made directly or indirectly to compensate
the person for soliciting or procuring signatures on an initiative or referendum petition, the amount of such compensation
to each such person, and the total of the expenditures made
for this purpose. Such expenditures shall be reported under
this subsection (1)(g) whether the expenditures are or are not
also required to be reported under (f) of this subsection;
(h) The name and address of any person and the amount
owed for any debt, obligation, note, unpaid loan, or other liability in the amount of more than two hundred fifty dollars or
in the amount of more than fifty dollars that has been outstanding for over thirty days;
(i) The surplus or deficit of contributions over expenditures;
(j) The disposition made in accordance with RCW
42.17.095 of any surplus funds; and
(k) Such other information as shall be required by the
commission by rule in conformance with the policies and
purposes of this chapter.
(2) The treasurer and the candidate shall certify the correctness of each report. [2003 c 123 § 1; 1993 c 256 § 6; 1989
c 280 § 9. Prior: 1986 c 228 § 1; 1986 c 12 § 2; 1983 c 96 §
1; 1982 c 147 § 7; 1977 ex.s. c 336 § 2; 1975-'76 2nd ex.s. c
112 § 3; 1975 1st ex.s. c 294 § 7; 1973 c 1 § 9 (Initiative Measure No. 276, approved November 7, 1972).]
Severability—Effective date—1993 c 256: See notes following RCW
29.79.500.
[2003 RCW Supp—page 518]
Effective date—1989 c 280: See note following RCW 42.17.020.
Severability—1977 ex.s. c 336: See note following RCW 42.17.040.
Appearance of fairness doctrine—Application to candidates for public
office—Campaign contributions: RCW 42.36.040, 42.36.050.
42.17.093
42.17.093 Out-of-state political committees—
Reports. (1) An out-of-state political committee organized
for the purpose of supporting or opposing candidates or ballot
propositions in another state that is not otherwise required to
report under RCW 42.17.040 through 42.17.090 shall report
as required in this section when it makes an expenditure supporting or opposing a Washington state candidate or political
committee. The committee shall file with the commission a
statement disclosing:
(a) Its name and address;
(b) The purposes of the out-of-state committee;
(c) The names, addresses, and titles of its officers or, if it
has no officers, the names, addresses, and the titles of its
responsible leaders;
(d) The name, office sought, and party affiliation of each
candidate in the state of Washington whom the out-of-state
committee is supporting or opposing and, if such committee
is supporting or opposing the entire ticket of any party, the
name of the party;
(e) The ballot proposition supported or opposed in the
state of Washington, if any, and whether such committee is in
favor of or opposed to such proposition;
(f) The name and address of each person residing in the
state of Washington or corporation which has a place of business in the state of Washington who has made one or more
contributions in the aggregate of more than twenty-five dollars to the out-of-state committee during the current calendar
year, together with the money value and date of such contributions;
(g) The name and address of each person in the state of
Washington to whom an expenditure was made by the out-ofstate committee with respect to a candidate or political committee in the aggregate amount of more than fifty dollars, the
amount, date, and purpose of such expenditure, and the total
sum of such expenditures; and
(h) Such other information as the commission may prescribe by rule in keeping with the policies and purposes of
this chapter.
(2) Each statement shall be filed no later than the twentieth day of the month following any month in which a contribution or other expenditure reportable under subsection (1) of
this section is made. An out-of-state committee incurring an
obligation to file additional statements in a calendar year may
satisfy the obligation by timely filing reports that supplement
previously filed information.
(3) A political committee required to file campaign
reports with the federal election commission or its successor
is exempt from reporting under this section. [2003 c 123 § 2.]
42.17.310
42.17.310 Certain personal and other records
exempt. (Expires June 30, 2005.) (1) The following are
exempt from public inspection and copying:
(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
Disclosure—Campaign Finances—Lobbying—Records
(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to
the extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection
with the assessment or collection of any tax if the disclosure
of the information to other persons would (i) be prohibited to
such persons by RCW 84.08.210, 82.32.330, 84.40.020, or
84.40.340 or (ii) violate the taxpayer's right to privacy or
result in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement,
and penology agencies, and state agencies vested with the
responsibility to discipline members of any profession, the
nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.
(e) Information revealing the identity of persons who are
witnesses to or victims of crime or who file complaints with
investigative, law enforcement, or penology agencies, other
than the public disclosure commission, if disclosure would
endanger any person's life, physical safety, or property. If at
the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such
desire shall govern. However, all complaints filed with the
public disclosure commission about any elected official or
candidate for public office must be made in writing and
signed by the complainant under oath.
(f) Test questions, scoring keys, and other examination
data used to administer a license, employment, or academic
examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or
prospective sale is abandoned or until such time as all of the
property has been acquired or the property to which the sale
appraisal relates is sold, but in no event shall disclosure be
denied for more than three years after the appraisal.
(h) Valuable formulae, designs, drawings, computer
source code or object code, and research data obtained by any
agency within five years of the request for disclosure when
disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and
intra-agency memorandums in which opinions are expressed
or policies formulated or recommended except that a specific
record shall not be exempt when publicly cited by an agency
in connection with any agency action.
(j) Records which are relevant to a controversy to which
an agency is a party but which records would not be available
to another party under the rules of pretrial discovery for
causes pending in the superior courts.
(k) Records, maps, or other information identifying the
location of archaeological sites in order to avoid the looting
or depredation of such sites.
(l) Any library record, the primary purpose of which is to
maintain control of library materials, or to gain access to
information, which discloses or could be used to disclose the
identity of a library user.
(m) Financial information supplied by or on behalf of a
person, firm, or corporation for the purpose of qualifying to
submit a bid or proposal for (i) a ferry system construction or
repair contract as required by RCW 47.60.680 through
42.17.310
47.60.750 or (ii) highway construction or improvement as
required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28,
1991, with the utilities and transportation commission under
*RCW 81.34.070, except that the summaries of the contracts
are open to public inspection and copying as otherwise provided by this chapter.
(o) Financial and commercial information and records
supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31
RCW, and by persons pertaining to export projects pursuant
to RCW 43.23.035.
(p) Financial disclosures filed by private vocational
schools under chapters 28B.85 and 28C.10 RCW.
(q) Records filed with the utilities and transportation
commission or attorney general under RCW 80.04.095 that a
court has determined are confidential under RCW 80.04.095.
(r) Financial and commercial information and records
supplied by businesses or individuals during application for
loans or program services provided by chapters 43.163,
43.160, 43.330, and 43.168 RCW, or during application for
economic development loans or program services provided
by any local agency.
(s) Membership lists or lists of members or owners of
interests of units in timeshare projects, subdivisions, camping
resorts, condominiums, land developments, or commoninterest communities affiliated with such projects, regulated
by the department of licensing, in the files or possession of
the department.
(t) All applications for public employment, including the
names of applicants, resumes, and other related materials
submitted with respect to an applicant.
(u) The residential addresses or residential telephone
numbers of employees or volunteers of a public agency
which are held by any public agency in personnel records,
public employment related records, or volunteer rosters, or
are included in any mailing list of employees or volunteers of
any public agency.
(v) The residential addresses and residential telephone
numbers of the customers of a public utility contained in the
records or lists held by the public utility of which they are
customers, except that this information may be released to the
division of child support or the agency or firm providing
child support enforcement for another state under Title IV-D
of the federal social security act, for the establishment,
enforcement, or modification of a support order.
(w)(i) The federal social security number of individuals
governed under chapter 18.130 RCW maintained in the files
of the department of health, except this exemption does not
apply to requests made directly to the department from federal, state, and local agencies of government, and national
and state licensing, credentialing, investigatory, disciplinary,
and examination organizations; (ii) the current residential
address and current residential telephone number of a health
care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests
that this information be withheld from public inspection and
copying, and provides to the department an accurate alternate
or business address and business telephone number. On or
after January 1, 1995, the current residential address and residential telephone number of a health care provider governed
[2003 RCW Supp—page 519]
42.17.310
Title 42 RCW: Public Officers and Agencies
under RCW 18.130.040 maintained in the files of the department shall automatically be withheld from public inspection
and copying unless the provider specifically requests the
information be released, and except as provided for under
RCW 42.17.260(9).
(x) Information obtained by the board of pharmacy as
provided in RCW 69.45.090.
(y) Information obtained by the board of pharmacy or the
department of health and its representatives as provided in
RCW 69.41.044, 69.41.280, and 18.64.420.
(z) Financial information, business plans, examination
reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter
31.24 RCW.
(aa) Financial and commercial information supplied to
the state investment board by any person when the information relates to the investment of public trust or retirement
funds and when disclosure would result in loss to such funds
or in private loss to the providers of this information.
(bb) Financial and valuable trade information under
RCW 51.36.120.
(cc) Client records maintained by an agency that is a
domestic violence program as defined in RCW 70.123.020 or
70.123.075 or a rape crisis center as defined in RCW
70.125.030.
(dd) Information that identifies a person who, while an
agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair
practice under chapter 49.60 RCW against the person; and
(ii) requests his or her identity or any identifying information
not be disclosed.
(ee) Investigative records compiled by an employing
agency conducting a current investigation of a possible unfair
practice under chapter 49.60 RCW or of a possible violation
of other federal, state, or local laws prohibiting discrimination in employment.
(ff) Business related information protected from public
inspection and copying under RCW 15.86.110.
(gg) Financial, commercial, operations, and technical
and research information and data submitted to or obtained
by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.
(hh) Information and documents created specifically for,
and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510 or 70.41.200, or by a peer
review committee under RCW 4.24.250, regardless of which
agency is in possession of the information and documents.
(ii) Personal information in files maintained in a data
base created under **RCW 43.07.360.
(jj) Financial and commercial information requested by
the public stadium authority from any person or organization
that leases or uses the stadium and exhibition center as
defined in RCW 36.102.010.
(kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for
property tax exemption under RCW 84.36.043.
(ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records
[2003 RCW Supp—page 520]
held by an agency in relation to a vanpool, carpool, or other
ride-sharing program or service. However, these records
may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.
(mm) The personally identifying information of current
or former participants or applicants in a paratransit or other
transit service operated for the benefit of persons with disabilities or elderly persons.
(nn) The personally identifying information of persons
who acquire and use transit passes and other fare payment
media including, but not limited to, stored value smart cards
and magnetic strip cards, except that an agency may disclose
this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for
payment of the cost of acquiring or using a transit pass or
other fare payment media, or to the news media when reporting on public transportation or public safety. This information may also be disclosed at the agency's discretion to governmental agencies or groups concerned with public transportation or public safety.
(oo) Proprietary financial and commercial information
that the submitting entity, with review by the department of
health, specifically identifies at the time it is submitted and
that is provided to or obtained by the department of health in
connection with an application for, or the supervision of, an
antitrust exemption sought by the submitting entity under
RCW 43.72.310. If a request for such information is
received, the submitting entity must be notified of the
request. Within ten business days of receipt of the notice, the
submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to
the requester. Upon receipt of such notice, the department of
health shall continue to treat information designated under
this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the
submitting entity must be joined as a party to demonstrate the
continuing need for confidentiality.
(pp) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.
(qq) Financial and commercial information supplied by
or on behalf of a person, firm, corporation, or entity under
chapter 28B.95 RCW relating to the purchase or sale of
tuition units and contracts for the purchase of multiple tuition
units.
(rr) Any records of investigative reports prepared by any
state, county, municipal, or other law enforcement agency
pertaining to sex offenses contained in chapter 9A.44 RCW
or sexually violent offenses as defined in RCW 71.09.020,
which have been transferred to the Washington association of
sheriffs and police chiefs for permanent electronic retention
and retrieval pursuant to RCW 40.14.070(2)(b).
(ss) Credit card numbers, debit card numbers, electronic
check numbers, card expiration dates, or bank or other financial account numbers, except when disclosure is expressly
required by or governed by other law.
(tt) Financial information, including but not limited to
account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation,
limited liability company, partnership, or other entity related
Disclosure—Campaign Finances—Lobbying—Records
to an application for a liquor license, gambling license, or lottery retail license.
(uu) Records maintained by the employment security
department and subject to chapter 50.13 RCW if provided to
another individual or organization for operational, research,
or evaluation purposes.
(vv) Individually identifiable information received by
the work force training and education coordinating board for
research or evaluation purposes.
(ww) Those portions of records assembled, prepared, or
maintained to prevent, mitigate, or respond to criminal terrorist acts, which are acts that significantly disrupt the conduct
of government or of the general civilian population of the
state or the United States and that manifest an extreme indifference to human life, the public disclosure of which would
have a substantial likelihood of threatening public safety,
consisting of:
(i) Specific and unique vulnerability assessments or specific and unique response or deployment plans, including
compiled underlying data collected in preparation of or
essential to the assessments, or to the response or deployment
plans; and
(ii) Records not subject to public disclosure under federal law that are shared by federal or international agencies,
and information prepared from national security briefings
provided to state or local government officials related to
domestic preparedness for acts of terrorism.
(xx) Commercial fishing catch data from logbooks
required to be provided to the department of fish and wildlife
under RCW 77.12.047, when the data identifies specific
catch location, timing, or methodology and the release of
which would result in unfair competitive disadvantage to the
commercial fisher providing the catch data. However, this
information may be released to government agencies concerned with the management of fish and wildlife resources.
(yy) Sensitive wildlife data obtained by the department
of fish and wildlife. However, sensitive wildlife data may be
released to government agencies concerned with the management of fish and wildlife resources. Sensitive wildlife data
includes:
(i) The nesting sites or specific locations of endangered
species designated under RCW 77.12.020, or threatened or
sensitive species classified by rule of the department of fish
and wildlife;
(ii) Radio frequencies used in, or locational data generated by, telemetry studies; or
(iii) Other location data that could compromise the viability of a specific fish or wildlife population, and where at
least one of the following criteria are met:
(A) The species has a known commercial or black market value;
(B) There is a history of malicious take of that species; or
(C) There is a known demand to visit, take, or disturb,
and the species behavior or ecology renders it especially vulnerable or the species has an extremely limited distribution
and concentration.
(zz) The personally identifying information of persons
who acquire recreational licenses under RCW 77.32.010 or
commercial licenses under chapter 77.65 or 77.70 RCW,
except name, address of contact used by the department, and
type of license, endorsement, or tag. However, the depart-
42.17.310
ment of fish and wildlife may disclose personally identifying
information to:
(i) Government agencies concerned with the management of fish and wildlife resources;
(ii) The department of social and health services, child
support division, and to the department of licensing in order
to implement RCW 77.32.014 and 46.20.291; and
(iii) Law enforcement agencies for the purpose of firearm possession enforcement under RCW 9.41.040.
(aaa)(i) Discharge papers of a veteran of the armed
forces of the United States filed at the office of the county
auditor before July 1, 2002, that have not been commingled
with other recorded documents. These records will be available only to the veteran, the veteran's next of kin, a deceased
veteran's properly appointed personal representative or executor, a person holding that veteran's general power of attorney, or to anyone else designated in writing by that veteran to
receive the records.
(ii) Discharge papers of a veteran of the armed forces of
the United States filed at the office of the county auditor
before July 1, 2002, that have been commingled with other
records, if the veteran has recorded a "request for exemption
from public disclosure of discharge papers" with the county
auditor. If such a request has been recorded, these records
may be released only to the veteran filing the papers, the veteran's next of kin, a deceased veteran's properly appointed
personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in
writing by the veteran to receive the records.
(iii) Discharge papers of a veteran filed at the office of
the county auditor after June 30, 2002, are not public records,
but will be available only to the veteran, the veteran's next of
kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general
power of attorney, or anyone else designated in writing by the
veteran to receive the records.
(iv) For the purposes of this subsection (1)(aaa), next of
kin of deceased veterans have the same rights to full access to
the record. Next of kin are the veteran's widow or widower
who has not remarried, son, daughter, father, mother, brother,
and sister.
(bbb) Those portions of records containing specific and
unique vulnerability assessments or specific and unique
emergency and escape response plans at a city, county, or
state adult or juvenile correctional facility, the public disclosure of which would have a substantial likelihood of threatening the security of a city, county, or state adult or juvenile
correctional facility or any individual's safety.
(ccc) Information compiled by school districts or schools
in the development of their comprehensive safe school plans
pursuant to RCW 28A.320.125, to the extent that they identify specific vulnerabilities of school districts and each individual school.
(ddd) Information regarding the infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security
and service recovery plans, security risk assessments, and
security test results to the extent that they identify specific
system vulnerabilities.
[2003 RCW Supp—page 521]
42.17.310
Title 42 RCW: Public Officers and Agencies
(eee) Information obtained and exempted or withheld
from public inspection by the health care authority under
RCW 41.05.026, whether retained by the authority, transferred to another state purchased health care program by the
authority, or transferred by the authority to a technical review
committee created to facilitate the development, acquisition,
or implementation of state purchased health care under chapter 41.05 RCW.
(fff) Proprietary data, trade secrets, or other information
that relates to: (i) A vendor's unique methods of conducting
business; (ii) data unique to the product or services of the
vendor; or (iii) determining prices or rates to be charged for
services, submitted by any vendor to the department of social
and health services for purposes of the development, acquisition, or implementation of state purchased health care as
defined in RCW 41.05.011.
(ggg) Proprietary information deemed confidential for
the purposes of section 923, chapter 26, Laws of 2003 1st sp.
sess.
(2) Except for information described in subsection
(1)(c)(i) of this section and confidential income data
exempted from public inspection pursuant to RCW
84.40.020, the exemptions of this section are inapplicable to
the extent that information, the disclosure of which would
violate personal privacy or vital governmental interests, can
be deleted from the specific records sought. No exemption
may be construed to permit the nondisclosure of statistical
information not descriptive of any readily identifiable person
or persons.
(3) Inspection or copying of any specific records exempt
under the provisions of this section may be permitted if the
superior court in the county in which the record is maintained
finds, after a hearing with notice thereof to every person in
interest and the agency, that the exemption of such records is
clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part,
inspection of any public record shall include a statement of
the specific exemption authorizing the withholding of the
record (or part) and a brief explanation of how the exemption
applies to the record withheld. [2003 1st sp.s. c 26 § 926;
2003 c 277 § 3; 2003 c 124 § 1. Prior: 2002 c 335 § 1; 2002
c 224 § 2; 2002 c 205 § 4; 2002 c 172 § 1; prior: 2001 c 278
§ 1; 2001 c 98 § 2; 2001 c 70 § 1; prior: 2000 c 134 § 3; 2000
c 56 § 1; 2000 c 6 § 5; prior: 1999 c 326 § 3; 1999 c 290 § 1;
1999 c 215 § 1; 1998 c 69 § 1; prior: 1997 c 310 § 2; 1997 c
274 § 8; 1997 c 250 § 7; 1997 c 239 § 4; 1997 c 220 § 120
(Referendum Bill No. 48, approved June 17, 1997); 1997 c
58 § 900; prior: 1996 c 305 § 2; 1996 c 253 § 302; 1996 c 191
§ 88; 1996 c 80 § 1; 1995 c 267 § 6; prior: 1994 c 233 § 2;
1994 c 182 § 1; prior: 1993 c 360 § 2; 1993 c 320 § 9; 1993
c 280 § 35; prior: 1992 c 139 § 5; 1992 c 71 § 12; 1991 c 301
§ 13; 1991 c 87 § 13; 1991 c 23 § 10; 1991 c 1 § 1; 1990 2nd
ex.s. c 1 § 1103; 1990 c 256 § 1; prior: 1989 1st ex.s. c 9 §
407; 1989 c 352 § 7; 1989 c 279 § 23; 1989 c 238 § 1; 1989 c
205 § 20; 1989 c 189 § 3; 1989 c 11 § 12; prior: 1987 c 411
§ 10; 1987 c 404 § 1; 1987 c 370 § 16; 1987 c 337 § 1; 1987
c 107 § 2; prior: 1986 c 299 § 25; 1986 c 276 § 7; 1985 c 414
§ 8; 1984 c 143 § 21; 1983 c 133 § 10; 1982 c 64 § 1; 1977
ex.s. c 314 § 13; 1975-'76 2nd ex.s. c 82 § 5; 1975 1st ex.s. c
[2003 RCW Supp—page 522]
294 § 17; 1973 c 1 § 31 (Initiative Measure No. 276,
approved November 7, 1972).]
Reviser's note: *(1) RCW 81.34.070 was repealed by 1991 c 49 § 1.
**(2) RCW 43.07.360 expired December 31, 2000, pursuant to 1996 c
253 § 502.
(3) This section was amended by 2003 c 124 § 1, 2003 c 277 § 3, and
by 2003 1st sp.s. c 26 § 926, each without reference to the other. All amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Expiration date—Severability—Effective dates—2003 1st sp.s. c 26:
See notes following RCW 43.135.045.
Working group on veterans' records: "The protection from identity
theft for veterans who choose to file their discharge papers with the county
auditor is a matter of gravest concern. At the same time, the integrity of the
public record of each county is a matter of utmost importance to the economic life of this state and to the right of each citizen to be secure in his or
her ownership of real property and other rights and obligations of our citizens that rely upon the public record for their proof. Likewise the integrity
of the public record is essential for the establishment of ancestral ties that
may be of interest to this and future generations. While the public record as
now kept by the county auditors is sufficient by itself for the accomplishment
of these and many other public and private purposes, the proposed use of the
public record for purposes that in their nature and intent are not public, so as
to keep the veterans' discharge papers from disclosure to those of ill intent,
causes concern among many segments of the population of this state.
In order to voice these concerns effectively and thoroughly, a working
group may be convened by the joint committee on veterans' and military
affairs to develop a means to preserve the integrity of the public record while
protecting those veterans from identity theft." [2002 c 224 § 1.]
Effective date—2002 c 224 § 1: "Section 1 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [March 28, 2002]." [2002 c 224 § 4.]
Findings—Severability—Effective dates—2002 c 205 §§ 2, 3, and 4:
See notes following RCW 28A.320.125.
Finding—2001 c 98: "The legislature finds that public health and
safety is promoted when the public has knowledge that enables them to make
informed choices about their health and safety. Therefore, the legislature
declares, as a matter of public policy, that the public has a right to information necessary to protect members of the public from harm caused by alleged
hazards or threats to the public.
The legislature also recognizes that the public disclosure of those portions of records containing specific and unique vulnerability assessments or
specific and unique response plans, either of which is intended to prevent or
mitigate criminal terrorist acts as defined in RCW 70.74.285, could have a
substantial likelihood of threatening public safety. Therefore, the legislature
declares, as a matter of public policy, that such specific and unique information should be protected from unnecessary disclosure." [2001 c 98 § 1.]
Findings—Conflict with federal requirements—Severability—2000
c 134: See notes following RCW 50.13.060.
Effective date—1998 c 69: See note following RCW 28B.95.025.
Effective date—1997 c 274: See note following RCW 41.05.021.
Referendum—Other legislation limited—Legislators' personal
intent not indicated—Reimbursements for election—Voters' pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Severability—1996 c 305: See note following RCW 28B.85.020.
Findings—Purpose—Severability—Part headings not law—1996 c
253: See notes following RCW 28B.109.010.
Captions not law—Severability—Effective dates—1995 c 267: See
notes following RCW 43.70.052.
Effective date—1994 c 233: See note following RCW 70.123.075.
Effective date—1994 c 182: "This act shall take effect July 1, 1994."
[1994 c 182 § 2.]
Disclosure—Campaign Finances—Lobbying—Records
Effective date—1993 c 360: See note following RCW 18.130.085.
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Finding—1991 c 301: See note following RCW 10.99.020.
Effective date—1991 c 87: See note following RCW 18.64.350.
Effective dates—1990 2nd ex.s. c 1: See note following RCW
84.52.010.
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1989 c 279: See RCW 43.163.901.
Severability—1989 c 11: See note following RCW 9A.56.220.
Severability—1987 c 411: See RCW 69.45.900.
Severability—Effective date—1986 c 299: See RCW 28C.10.900 and
28C.10.902.
Severability—1986 c 276: See RCW 53.31.901.
Basic health plan records: RCW 70.47.150.
Exemptions from public inspection
accounting records of special inquiry judge: RCW 10.29.090.
bill drafting service of code reviser's office: RCW 1.08.027, 44.68.060.
certificate submitted by physically or mentally disabled person seeking a
driver's license: RCW 46.20.041.
commercial fertilizers, sales reports: RCW 15.54.362.
criminal records: Chapter 10.97 RCW.
employer information: RCW 50.13.060.
family and children's ombudsman: RCW 43.06A.050.
joint legislative service center, information: RCW 44.68.060.
medical quality assurance commission, reports required to be filed with:
RCW 18.71.0195.
organized crime
advisory board files: RCW 10.29.030.
investigative information: RCW 43.43.856.
public transportation information: RCW 47.04.230.
salary and fringe benefit survey information: RCW 41.06.160.
42.17.310
42.17.310 Certain personal and other records
exempt. (Effective June 30, 2005.) (1) The following are
exempt from public inspection and copying:
(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to
the extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection
with the assessment or collection of any tax if the disclosure
of the information to other persons would (i) be prohibited to
such persons by RCW 84.08.210, 82.32.330, 84.40.020, or
84.40.340 or (ii) violate the taxpayer's right to privacy or
result in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement,
and penology agencies, and state agencies vested with the
responsibility to discipline members of any profession, the
nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.
(e) Information revealing the identity of persons who are
witnesses to or victims of crime or who file complaints with
investigative, law enforcement, or penology agencies, other
than the public disclosure commission, if disclosure would
endanger any person's life, physical safety, or property. If at
the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such
desire shall govern. However, all complaints filed with the
42.17.310
public disclosure commission about any elected official or
candidate for public office must be made in writing and
signed by the complainant under oath.
(f) Test questions, scoring keys, and other examination
data used to administer a license, employment, or academic
examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or
prospective sale is abandoned or until such time as all of the
property has been acquired or the property to which the sale
appraisal relates is sold, but in no event shall disclosure be
denied for more than three years after the appraisal.
(h) Valuable formulae, designs, drawings, computer
source code or object code, and research data obtained by any
agency within five years of the request for disclosure when
disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and
intra-agency memorandums in which opinions are expressed
or policies formulated or recommended except that a specific
record shall not be exempt when publicly cited by an agency
in connection with any agency action.
(j) Records which are relevant to a controversy to which
an agency is a party but which records would not be available
to another party under the rules of pretrial discovery for
causes pending in the superior courts.
(k) Records, maps, or other information identifying the
location of archaeological sites in order to avoid the looting
or depredation of such sites.
(l) Any library record, the primary purpose of which is to
maintain control of library materials, or to gain access to
information, which discloses or could be used to disclose the
identity of a library user.
(m) Financial information supplied by or on behalf of a
person, firm, or corporation for the purpose of qualifying to
submit a bid or proposal for (i) a ferry system construction or
repair contract as required by RCW 47.60.680 through
47.60.750 or (ii) highway construction or improvement as
required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28,
1991, with the utilities and transportation commission under
*RCW 81.34.070, except that the summaries of the contracts
are open to public inspection and copying as otherwise provided by this chapter.
(o) Financial and commercial information and records
supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31
RCW, and by persons pertaining to export projects pursuant
to RCW 43.23.035.
(p) Financial disclosures filed by private vocational
schools under chapters 28B.85 and 28C.10 RCW.
(q) Records filed with the utilities and transportation
commission or attorney general under RCW 80.04.095 that a
court has determined are confidential under RCW 80.04.095.
(r) Financial and commercial information and records
supplied by businesses or individuals during application for
loans or program services provided by chapters 43.163,
43.160, 43.330, and 43.168 RCW, or during application for
economic development loans or program services provided
by any local agency.
[2003 RCW Supp—page 523]
42.17.310
Title 42 RCW: Public Officers and Agencies
(s) Membership lists or lists of members or owners of
interests of units in timeshare projects, subdivisions, camping
resorts, condominiums, land developments, or commoninterest communities affiliated with such projects, regulated
by the department of licensing, in the files or possession of
the department.
(t) All applications for public employment, including the
names of applicants, resumes, and other related materials
submitted with respect to an applicant.
(u) The residential addresses or residential telephone
numbers of employees or volunteers of a public agency
which are held by any public agency in personnel records,
public employment related records, or volunteer rosters, or
are included in any mailing list of employees or volunteers of
any public agency.
(v) The residential addresses and residential telephone
numbers of the customers of a public utility contained in the
records or lists held by the public utility of which they are
customers, except that this information may be released to the
division of child support or the agency or firm providing
child support enforcement for another state under Title IV-D
of the federal social security act, for the establishment,
enforcement, or modification of a support order.
(w)(i) The federal social security number of individuals
governed under chapter 18.130 RCW maintained in the files
of the department of health, except this exemption does not
apply to requests made directly to the department from federal, state, and local agencies of government, and national
and state licensing, credentialing, investigatory, disciplinary,
and examination organizations; (ii) the current residential
address and current residential telephone number of a health
care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests
that this information be withheld from public inspection and
copying, and provides to the department an accurate alternate
or business address and business telephone number. On or
after January 1, 1995, the current residential address and residential telephone number of a health care provider governed
under RCW 18.130.040 maintained in the files of the department shall automatically be withheld from public inspection
and copying unless the provider specifically requests the
information be released, and except as provided for under
RCW 42.17.260(9).
(x) Information obtained by the board of pharmacy as
provided in RCW 69.45.090.
(y) Information obtained by the board of pharmacy or the
department of health and its representatives as provided in
RCW 69.41.044, 69.41.280, and 18.64.420.
(z) Financial information, business plans, examination
reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter
31.24 RCW.
(aa) Financial and commercial information supplied to
the state investment board by any person when the information relates to the investment of public trust or retirement
funds and when disclosure would result in loss to such funds
or in private loss to the providers of this information.
(bb) Financial and valuable trade information under
RCW 51.36.120.
[2003 RCW Supp—page 524]
(cc) Client records maintained by an agency that is a
domestic violence program as defined in RCW 70.123.020 or
70.123.075 or a rape crisis center as defined in RCW
70.125.030.
(dd) Information that identifies a person who, while an
agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair
practice under chapter 49.60 RCW against the person; and
(ii) requests his or her identity or any identifying information
not be disclosed.
(ee) Investigative records compiled by an employing
agency conducting a current investigation of a possible unfair
practice under chapter 49.60 RCW or of a possible violation
of other federal, state, or local laws prohibiting discrimination in employment.
(ff) Business related information protected from public
inspection and copying under RCW 15.86.110.
(gg) Financial, commercial, operations, and technical
and research information and data submitted to or obtained
by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.
(hh) Information and documents created specifically for,
and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510 or 70.41.200, or by a peer
review committee under RCW 4.24.250, regardless of which
agency is in possession of the information and documents.
(ii) Personal information in files maintained in a data
base created under **RCW 43.07.360.
(jj) Financial and commercial information requested by
the public stadium authority from any person or organization
that leases or uses the stadium and exhibition center as
defined in RCW 36.102.010.
(kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for
property tax exemption under RCW 84.36.043.
(ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records
held by an agency in relation to a vanpool, carpool, or other
ride-sharing program or service. However, these records
may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.
(mm) The personally identifying information of current
or former participants or applicants in a paratransit or other
transit service operated for the benefit of persons with disabilities or elderly persons.
(nn) The personally identifying information of persons
who acquire and use transit passes and other fare payment
media including, but not limited to, stored value smart cards
and magnetic strip cards, except that an agency may disclose
this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for
payment of the cost of acquiring or using a transit pass or
other fare payment media, or to the news media when reporting on public transportation or public safety. This information may also be disclosed at the agency's discretion to governmental agencies or groups concerned with public transportation or public safety.
Disclosure—Campaign Finances—Lobbying—Records
(oo) Proprietary financial and commercial information
that the submitting entity, with review by the department of
health, specifically identifies at the time it is submitted and
that is provided to or obtained by the department of health in
connection with an application for, or the supervision of, an
antitrust exemption sought by the submitting entity under
RCW 43.72.310. If a request for such information is
received, the submitting entity must be notified of the
request. Within ten business days of receipt of the notice, the
submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to
the requester. Upon receipt of such notice, the department of
health shall continue to treat information designated under
this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the
submitting entity must be joined as a party to demonstrate the
continuing need for confidentiality.
(pp) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.
(qq) Financial and commercial information supplied by
or on behalf of a person, firm, corporation, or entity under
chapter 28B.95 RCW relating to the purchase or sale of
tuition units and contracts for the purchase of multiple tuition
units.
(rr) Any records of investigative reports prepared by any
state, county, municipal, or other law enforcement agency
pertaining to sex offenses contained in chapter 9A.44 RCW
or sexually violent offenses as defined in RCW 71.09.020,
which have been transferred to the Washington association of
sheriffs and police chiefs for permanent electronic retention
and retrieval pursuant to RCW 40.14.070(2)(b).
(ss) Credit card numbers, debit card numbers, electronic
check numbers, card expiration dates, or bank or other financial account numbers, except when disclosure is expressly
required by or governed by other law.
(tt) Financial information, including but not limited to
account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation,
limited liability company, partnership, or other entity related
to an application for a liquor license, gambling license, or lottery retail license.
(uu) Records maintained by the employment security
department and subject to chapter 50.13 RCW if provided to
another individual or organization for operational, research,
or evaluation purposes.
(vv) Individually identifiable information received by
the work force training and education coordinating board for
research or evaluation purposes.
(ww) Those portions of records assembled, prepared, or
maintained to prevent, mitigate, or respond to criminal terrorist acts, which are acts that significantly disrupt the conduct
of government or of the general civilian population of the
state or the United States and that manifest an extreme indifference to human life, the public disclosure of which would
have a substantial likelihood of threatening public safety,
consisting of:
(i) Specific and unique vulnerability assessments or specific and unique response or deployment plans, including
compiled underlying data collected in preparation of or
42.17.310
essential to the assessments, or to the response or deployment
plans; and
(ii) Records not subject to public disclosure under federal law that are shared by federal or international agencies,
and information prepared from national security briefings
provided to state or local government officials related to
domestic preparedness for acts of terrorism.
(xx) Commercial fishing catch data from logbooks
required to be provided to the department of fish and wildlife
under RCW 77.12.047, when the data identifies specific
catch location, timing, or methodology and the release of
which would result in unfair competitive disadvantage to the
commercial fisher providing the catch data. However, this
information may be released to government agencies concerned with the management of fish and wildlife resources.
(yy) Sensitive wildlife data obtained by the department
of fish and wildlife. However, sensitive wildlife data may be
released to government agencies concerned with the management of fish and wildlife resources. Sensitive wildlife data
includes:
(i) The nesting sites or specific locations of endangered
species designated under RCW 77.12.020, or threatened or
sensitive species classified by rule of the department of fish
and wildlife;
(ii) Radio frequencies used in, or locational data generated by, telemetry studies; or
(iii) Other location data that could compromise the viability of a specific fish or wildlife population, and where at
least one of the following criteria are met:
(A) The species has a known commercial or black market value;
(B) There is a history of malicious take of that species; or
(C) There is a known demand to visit, take, or disturb,
and the species behavior or ecology renders it especially vulnerable or the species has an extremely limited distribution
and concentration.
(zz) The personally identifying information of persons
who acquire recreational licenses under RCW 77.32.010 or
commercial licenses under chapter 77.65 or 77.70 RCW,
except name, address of contact used by the department, and
type of license, endorsement, or tag. However, the department of fish and wildlife may disclose personally identifying
information to:
(i) Government agencies concerned with the management of fish and wildlife resources;
(ii) The department of social and health services, child
support division, and to the department of licensing in order
to implement RCW 77.32.014 and 46.20.291; and
(iii) Law enforcement agencies for the purpose of firearm possession enforcement under RCW 9.41.040.
(aaa)(i) Discharge papers of a veteran of the armed
forces of the United States filed at the office of the county
auditor before July 1, 2002, that have not been commingled
with other recorded documents. These records will be available only to the veteran, the veteran's next of kin, a deceased
veteran's properly appointed personal representative or executor, a person holding that veteran's general power of attorney, or to anyone else designated in writing by that veteran to
receive the records.
(ii) Discharge papers of a veteran of the armed forces of
the United States filed at the office of the county auditor
[2003 RCW Supp—page 525]
42.17.310
Title 42 RCW: Public Officers and Agencies
before July 1, 2002, that have been commingled with other
records, if the veteran has recorded a "request for exemption
from public disclosure of discharge papers" with the county
auditor. If such a request has been recorded, these records
may be released only to the veteran filing the papers, the veteran's next of kin, a deceased veteran's properly appointed
personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in
writing by the veteran to receive the records.
(iii) Discharge papers of a veteran filed at the office of
the county auditor after June 30, 2002, are not public records,
but will be available only to the veteran, the veteran's next of
kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general
power of attorney, or anyone else designated in writing by the
veteran to receive the records.
(iv) For the purposes of this subsection (1)(aaa), next of
kin of deceased veterans have the same rights to full access to
the record. Next of kin are the veteran's widow or widower
who has not remarried, son, daughter, father, mother, brother,
and sister.
(bbb) Those portions of records containing specific and
unique vulnerability assessments or specific and unique
emergency and escape response plans at a city, county, or
state adult or juvenile correctional facility, the public disclosure of which would have a substantial likelihood of threatening the security of a city, county, or state adult or juvenile
correctional facility or any individual's safety.
(ccc) Information compiled by school districts or schools
in the development of their comprehensive safe school plans
pursuant to RCW 28A.320.125, to the extent that they identify specific vulnerabilities of school districts and each individual school.
(ddd) Information regarding the infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security
and service recovery plans, security risk assessments, and
security test results to the extent that they identify specific
system vulnerabilities.
(eee) Information obtained and exempted or withheld
from public inspection by the health care authority under
RCW 41.05.026, whether retained by the authority, transferred to another state purchased health care program by the
authority, or transferred by the authority to a technical review
committee created to facilitate the development, acquisition,
or implementation of state purchased health care under chapter 41.05 RCW.
(fff) Proprietary data, trade secrets, or other information
that relates to: (i) A vendor's unique methods of conducting
business; (ii) data unique to the product or services of the
vendor; or (iii) determining prices or rates to be charged for
services, submitted by any vendor to the department of social
and health services for purposes of the development, acquisition, or implementation of state purchased health care as
defined in RCW 41.05.011.
(2) Except for information described in subsection
(1)(c)(i) of this section and confidential income data
exempted from public inspection pursuant to RCW
84.40.020, the exemptions of this section are inapplicable to
the extent that information, the disclosure of which would
[2003 RCW Supp—page 526]
violate personal privacy or vital governmental interests, can
be deleted from the specific records sought. No exemption
may be construed to permit the nondisclosure of statistical
information not descriptive of any readily identifiable person
or persons.
(3) Inspection or copying of any specific records exempt
under the provisions of this section may be permitted if the
superior court in the county in which the record is maintained
finds, after a hearing with notice thereof to every person in
interest and the agency, that the exemption of such records is
clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part,
inspection of any public record shall include a statement of
the specific exemption authorizing the withholding of the
record (or part) and a brief explanation of how the exemption
applies to the record withheld. [2003 c 277 § 3; 2003 c 124 §
1. Prior: 2002 c 335 § 1; 2002 c 224 § 2; 2002 c 205 § 4;
2002 c 172 § 1; prior: 2001 c 278 § 1; 2001 c 98 § 2; 2001 c
70 § 1; prior: 2000 c 134 § 3; 2000 c 56 § 1; 2000 c 6 § 5;
prior: 1999 c 326 § 3; 1999 c 290 § 1; 1999 c 215 § 1; 1998
c 69 § 1; prior: 1997 c 310 § 2; 1997 c 274 § 8; 1997 c 250 §
7; 1997 c 239 § 4; 1997 c 220 § 120 (Referendum Bill No. 48,
approved June 17, 1997); 1997 c 58 § 900; prior: 1996 c 305
§ 2; 1996 c 253 § 302; 1996 c 191 § 88; 1996 c 80 § 1; 1995
c 267 § 6; prior: 1994 c 233 § 2; 1994 c 182 § 1; prior: 1993
c 360 § 2; 1993 c 320 § 9; 1993 c 280 § 35; prior: 1992 c 139
§ 5; 1992 c 71 § 12; 1991 c 301 § 13; 1991 c 87 § 13; 1991 c
23 § 10; 1991 c 1 § 1; 1990 2nd ex.s. c 1 § 1103; 1990 c 256
§ 1; prior: 1989 1st ex.s. c 9 § 407; 1989 c 352 § 7; 1989 c
279 § 23; 1989 c 238 § 1; 1989 c 205 § 20; 1989 c 189 § 3;
1989 c 11 § 12; prior: 1987 c 411 § 10; 1987 c 404 § 1; 1987
c 370 § 16; 1987 c 337 § 1; 1987 c 107 § 2; prior: 1986 c 299
§ 25; 1986 c 276 § 7; 1985 c 414 § 8; 1984 c 143 § 21; 1983
c 133 § 10; 1982 c 64 § 1; 1977 ex.s. c 314 § 13; 1975-'76 2nd
ex.s. c 82 § 5; 1975 1st ex.s. c 294 § 17; 1973 c 1 § 31 (Initiative Measure No. 276, approved November 7, 1972).]
Reviser's note: *(1) RCW 81.34.070 was repealed by 1991 c 49 § 1.
**(2) RCW 43.07.360 expired December 31, 2000, pursuant to 1996 c
253 § 502.
(3) This section was amended by 2003 c 124 § 1 and by 2003 c 277 §
3, each without reference to the other. Both amendments are incorporated in
the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Working group on veterans' records: "The protection from identity
theft for veterans who choose to file their discharge papers with the county
auditor is a matter of gravest concern. At the same time, the integrity of the
public record of each county is a matter of utmost importance to the economic life of this state and to the right of each citizen to be secure in his or
her ownership of real property and other rights and obligations of our citizens that rely upon the public record for their proof. Likewise the integrity
of the public record is essential for the establishment of ancestral ties that
may be of interest to this and future generations. While the public record as
now kept by the county auditors is sufficient by itself for the accomplishment
of these and many other public and private purposes, the proposed use of the
public record for purposes that in their nature and intent are not public, so as
to keep the veterans' discharge papers from disclosure to those of ill intent,
causes concern among many segments of the population of this state.
In order to voice these concerns effectively and thoroughly, a working
group may be convened by the joint committee on veterans' and military
affairs to develop a means to preserve the integrity of the public record while
protecting those veterans from identity theft." [2002 c 224 § 1.]
Effective date—2002 c 224 § 1: "Section 1 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [March 28, 2002]." [2002 c 224 § 4.]
Misconduct of Public Officers
Findings—Severability—Effective dates—2002 c 205 §§ 2, 3, and 4:
See notes following RCW 28A.320.125.
Finding—2001 c 98: "The legislature finds that public health and
safety is promoted when the public has knowledge that enables them to make
informed choices about their health and safety. Therefore, the legislature
declares, as a matter of public policy, that the public has a right to information necessary to protect members of the public from harm caused by alleged
hazards or threats to the public.
The legislature also recognizes that the public disclosure of those portions of records containing specific and unique vulnerability assessments or
specific and unique response plans, either of which is intended to prevent or
mitigate criminal terrorist acts as defined in RCW 70.74.285, could have a
substantial likelihood of threatening public safety. Therefore, the legislature
declares, as a matter of public policy, that such specific and unique information should be protected from unnecessary disclosure." [2001 c 98 § 1.]
Findings—Conflict with federal requirements—Severability—2000
c 134: See notes following RCW 50.13.060.
Effective date—1998 c 69: See note following RCW 28B.95.025.
Effective date—1997 c 274: See note following RCW 41.05.021.
Referendum—Other legislation limited—Legislators' personal
intent not indicated—Reimbursements for election—Voters' pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
42.20.070
advisory board files: RCW 10.29.030.
investigative information: RCW 43.43.856.
public transportation information: RCW 47.04.230.
salary and fringe benefit survey information: RCW 41.06.160.
42.17.31919
42.17.31919 Public livestock market information
exempt. Financial statements provided under RCW
16.65.030(1)(d) are exempt from disclosure under this chapter. [2003 c 326 § 91.]
Effective dates—2003 c 326: See RCW 16.57.902.
42.17.710
42.17.710 Time limit for state official to solicit or
accept contributions. (1) During the period beginning on
the thirtieth day before the date a regular legislative session
convenes and continuing thirty days past the date of final
adjournment, and during the period beginning on the date a
special legislative session convenes and continuing through
the date that session adjourns, no state official or a person
employed by or acting on behalf of a state official or state legislator may solicit or accept contributions to a public office
fund, to a candidate or authorized committee, or to retire a
campaign debt.
(2) This section does not apply to activities authorized in
RCW 43.07.370. [2003 c 164 § 3; 1993 c 2 § 11 (Initiative
Measure No. 134, approved November 3, 1992).]
Severability—1996 c 305: See note following RCW 28B.85.020.
Chapter 42.20
Findings—Purpose—Severability—Part headings not law—1996 c
253: See notes following RCW 28B.109.010.
Captions not law—Severability—Effective dates—1995 c 267: See
notes following RCW 43.70.052.
Sections
Effective date—1994 c 233: See note following RCW 70.123.075.
42.20.070
Effective date—1994 c 182: "This act shall take effect July 1, 1994."
[1994 c 182 § 2.]
42.20.090
Chapter 42.20 RCW
MISCONDUCT OF PUBLIC OFFICERS
Effective date—1993 c 360: See note following RCW 18.130.085.
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Finding—1991 c 301: See note following RCW 10.99.020.
Effective date—1991 c 87: See note following RCW 18.64.350.
Effective dates—1990 2nd ex.s. c 1: See note following RCW
84.52.010.
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1989 c 279: See RCW 43.163.901.
Severability—1989 c 11: See note following RCW 9A.56.220.
Severability—1987 c 411: See RCW 69.45.900.
Severability—Effective date—1986 c 299: See RCW 28C.10.900 and
28C.10.902.
Severability—1986 c 276: See RCW 53.31.901.
Basic health plan records: RCW 70.47.150.
Exemptions from public inspection
accounting records of special inquiry judge: RCW 10.29.090.
bill drafting service of code reviser's office: RCW 1.08.027, 44.68.060.
certificate submitted by physically or mentally disabled person seeking a
driver's license: RCW 46.20.041.
commercial fertilizers, sales reports: RCW 15.54.362.
criminal records: Chapter 10.97 RCW.
employer information: RCW 50.13.060.
family and children's ombudsman: RCW 43.06A.050.
joint legislative service center, information: RCW 44.68.060.
medical quality assurance commission, reports required to be filed with:
RCW 18.71.0195.
organized crime
Misappropriation and falsification of accounts by public
officer. (Effective July 1, 2004.)
Misappropriation, etc., by treasurer. (Effective July 1, 2004.)
42.20.070
42.20.070 Misappropriation and falsification of
accounts by public officer. (Effective July 1, 2004.) Every
public officer, and every other person receiving money on
behalf or for or on account of the people of the state or of any
department of the state government or of any bureau or fund
created by law in which the people are directly or indirectly
interested, or for or on account of any county, city, town, or
any school, diking, drainage, or irrigation district, who:
(1) Appropriates to his or her own use or the use of any
person not entitled thereto, without authority of law, any
money so received by him or her as such officer or otherwise;
or
(2) Knowingly keeps any false account, or makes any
false entry or erasure in any account, of or relating to any
money so received by him or her; or
(3) Fraudulently alters, falsifies, conceals, destroys, or
obliterates any such account; or
(4) Willfully omits or refuses to pay over to the state, its
officer or agent authorized by law to receive the same, or to
such county, city, town, or such school, diking, drainage, or
irrigation district or to the proper officer or authority empowered to demand and receive the same, any money received by
him or her as such officer when it is a duty imposed upon him
or her by law to pay over and account for the same,
is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not more than fifteen years. [2003 c 53 § 219; 1992 c 7 § 37; 1909 c 249 §
[2003 RCW Supp—page 527]
42.20.090
Title 42 RCW: Public Officers and Agencies
317; RRS § 2569. Prior: Code 1881 § 890; 1873 p 202 § 92;
1854 p 91 § 83.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
42.20.090
42.20.090 Misappropriation, etc., by treasurer.
(Effective July 1, 2004.) Every state, county, city, or town
treasurer who willfully misappropriates any moneys, funds,
or securities received by or deposited with him or her as such
treasurer, or who shall be guilty of any other malfeasance or
willful neglect of duty in his or her office, is guilty of a class
C felony and shall be punished by imprisonment in a state
correctional facility for not more than five years or by a fine
of not more than five thousand dollars. [2003 c 53 § 220;
1992 c 7 § 38; 1909 c 249 § 319; RRS § 2571.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
County treasurer, suspension for misconduct: RCW 36.29.090.
State treasurer, embezzlement: RCW 43.08.140.
Chapter 42.30
Chapter 42.30 RCW
OPEN PUBLIC MEETINGS ACT
Sections
42.30.110
Executive sessions.
42.30.110
42.30.110 Executive sessions. (1) Nothing contained in
this chapter may be construed to prevent a governing body
from holding an executive session during a regular or special
meeting:
(a) To consider matters affecting national security;
(b) To consider the selection of a site or the acquisition
of real estate by lease or purchase when public knowledge
regarding such consideration would cause a likelihood of
increased price;
(c) To consider the minimum price at which real estate
will be offered for sale or lease when public knowledge
regarding such consideration would cause a likelihood of
decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public;
(d) To review negotiations on the performance of publicly bid contracts when public knowledge regarding such
consideration would cause a likelihood of increased costs;
(e) To consider, in the case of an export trading company, financial and commercial information supplied by private persons to the export trading company;
(f) To receive and evaluate complaints or charges
brought against a public officer or employee. However, upon
the request of such officer or employee, a public hearing or a
meeting open to the public shall be conducted upon such
complaint or charge;
(g) To evaluate the qualifications of an applicant for public employment or to review the performance of a public
employee. However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the
agency shall occur in a meeting open to the public, and when
a governing body elects to take final action hiring, setting the
salary of an individual employee or class of employees, or
discharging or disciplining an employee, that action shall be
taken in a meeting open to the public;
[2003 RCW Supp—page 528]
(h) To evaluate the qualifications of a candidate for
appointment to elective office. However, any interview of
such candidate and final action appointing a candidate to
elective office shall be in a meeting open to the public;
(i) To discuss with legal counsel representing the agency
matters relating to agency enforcement actions, or to discuss
with legal counsel representing the agency litigation or
potential litigation to which the agency, the governing body,
or a member acting in an official capacity is, or is likely to
become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency.
This subsection (1)(i) does not permit a governing body
to hold an executive session solely because an attorney representing the agency is present. For purposes of this subsection
(1)(i), "potential litigation" means matters protected by RPC
1.6 or RCW 5.60.060(2)(a) concerning:
(A) Litigation that has been specifically threatened to
which the agency, the governing body, or a member acting in
an official capacity is, or is likely to become, a party;
(B) Litigation that the agency reasonably believes may
be commenced by or against the agency, the governing body,
or a member acting in an official capacity; or
(C) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an
adverse legal or financial consequence to the agency;
(j) To consider, in the case of the state library commission or its advisory bodies, western library network prices,
products, equipment, and services, when such discussion
would be likely to adversely affect the network's ability to
conduct business in a competitive economic climate. However, final action on these matters shall be taken in a meeting
open to the public;
(k) To consider, in the case of the state investment board,
financial and commercial information when the information
relates to the investment of public trust or retirement funds
and when public knowledge regarding the discussion would
result in loss to such funds or in private loss to the providers
of this information;
(l) To consider proprietary or confidential nonpublished
information related to the development, acquisition, or implementation of state purchased health care services as provided
in RCW 41.05.026.
(2) Before convening in executive session, the presiding
officer of a governing body shall publicly announce the purpose for excluding the public from the meeting place, and the
time when the executive session will be concluded. The
executive session may be extended to a stated later time by
announcement of the presiding officer. [2003 c 277 § 1; 2001
c 216 § 1; 1989 c 238 § 2; 1987 c 389 § 3; 1986 c 276 § 8;
1985 c 366 § 2; 1983 c 155 § 3; 1979 c 42 § 1; 1973 c 66 § 2;
1971 ex.s. c 250 § 11.]
Severability—Effective date—1987 c 389: See notes following RCW
41.06.070.
Severability—1986 c 276: See RCW 53.31.901.
Chapter 42.44
Sections
Chapter 42.44 RCW
NOTARIES PUBLIC
Ethics in Public Service
42.44.040
Repealed.
42.44.040
42.44.040 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 42.52
Chapter 42.52 RCW
ETHICS IN PUBLIC SERVICE
Sections
42.52.150
42.52.801
42.52.802
42.52.810
42.52.820
42.52.150
Limitations on gifts.
Exemption—Solicitation to promote tourism.
Exemption—Solicitation for oral history, state library, and
archives account.
Solicitation for the legislative international trade account—
Report.
Solicitation for hosting national legislative association conference.
42.52.150 Limitations on gifts. (1) No state officer or
state employee may accept gifts, other than those specified in
subsections (2) and (5) of this section, with an aggregate
value in excess of fifty dollars from a single source in a calendar year or a single gift from multiple sources with a value
in excess of fifty dollars. For purposes of this section, "single
source" means any person, as defined in RCW 42.52.010,
whether acting directly or through any agent or other intermediary, and "single gift" includes any event, item, or group
of items used in conjunction with each other or any trip
including transportation, lodging, and attendant costs, not
excluded from the definition of gift under RCW 42.52.010.
The value of gifts given to an officer's or employee's family
member or guest shall be attributed to the official or
employee for the purpose of determining whether the limit
has been exceeded, unless an independent business, family,
or social relationship exists between the donor and the family
member or guest.
(2) Except as provided in subsection (4) of this section,
the following items are presumed not to influence under
RCW 42.52.140, and may be accepted without regard to the
limit established by subsection (1) of this section:
(a) Unsolicited flowers, plants, and floral arrangements;
(b) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
(c) Unsolicited tokens or awards of appreciation in the
form of a plaque, trophy, desk item, wall memento, or similar
item;
(d) Unsolicited items received by a state officer or state
employee for the purpose of evaluation or review, if the
officer or employee has no personal beneficial interest in the
eventual use or acquisition of the item by the officer's or
employee's agency;
(e) Informational material, publications, or subscriptions
related to the recipient's performance of official duties;
(f) Food and beverages consumed at hosted receptions
where attendance is related to the state officer's or state
employee's official duties;
(g) Gifts, grants, conveyances, bequests, and devises of
real or personal property, or both, in trust or otherwise
accepted and solicited for deposit in the legislative international trade account created in RCW 44.04.270;
(h) Gifts, grants, conveyances, bequests, and devises of
real or personal property, or both, in trust or otherwise
42.52.150
accepted and solicited for the purpose of promoting the
expansion of tourism as provided for in RCW 43.330.090;
(i) Gifts, grants, conveyances, bequests, and devises of
real or personal property, or both, solicited on behalf of a
national legislative association or host committee for the purpose of hosting an official conference under the circumstances specified in RCW 42.52.820. Anything solicited or
accepted may only be received by the national association or
host committee and may not be commingled with any funds
or accounts that are the property of any person;
(j) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic,
charitable, governmental, or community organization; and
(k) Unsolicited gifts from dignitaries from another state
or a foreign country that are intended to be personal in nature.
(3) The presumption in subsection (2) of this section is
rebuttable and may be overcome based on the circumstances
surrounding the giving and acceptance of the item.
(4) Notwithstanding subsections (2) and (5) of this section, a state officer or state employee of a regulatory agency
or of an agency that seeks to acquire goods or services who
participates in those regulatory or contractual matters may
receive, accept, take, or seek, directly or indirectly, only the
following items from a person regulated by the agency or
from a person who seeks to provide goods or services to the
agency:
(a) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
(b) Unsolicited tokens or awards of appreciation in the
form of a plaque, trophy, desk item, wall memento, or similar
item;
(c) Unsolicited items received by a state officer or state
employee for the purpose of evaluation or review, if the
officer or employee has no personal beneficial interest in the
eventual use or acquisition of the item by the officer's or
employee's agency;
(d) Informational material, publications, or subscriptions
related to the recipient's performance of official duties;
(e) Food and beverages consumed at hosted receptions
where attendance is related to the state officer's or state
employee's official duties;
(f) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic,
charitable, governmental, or community organization; and
(g) Those items excluded from the definition of gift in
RCW 42.52.010 except:
(i) Payments by a governmental or nongovernmental
entity of reasonable expenses incurred in connection with a
speech, presentation, appearance, or trade mission made in an
official capacity;
(ii) Payments for seminars and educational programs
sponsored by a bona fide governmental or nonprofit professional, educational, trade, or charitable association or institution; and
(iii) Flowers, plants, and floral arrangements.
(5) A state officer or state employee may accept gifts in
the form of food and beverage on infrequent occasions in the
ordinary course of meals where attendance by the officer or
employee is related to the performance of official duties.
Gifts in the form of food and beverage that exceed fifty dollars on a single occasion shall be reported as provided in
[2003 RCW Supp—page 529]
42.52.801
Title 43 RCW: State Government—Executive
chapter 42.17 RCW. [2003 1st sp.s. c 23 § 2. Prior: 2003 c
265 § 3; 2003 c 153 § 6; 1998 c 7 § 2; 1994 c 154 § 115.]
Findings—2003 c 153: See note following RCW 43.330.090.
42.52.801
42.52.801 Exemption—Solicitation to promote tourism. When soliciting charitable gifts, grants, or donations
solely for the purposes of promoting the expansion of tourism
as provided for in RCW 43.330.090, state officers and state
employees are presumed not to be in violation of the solicitation and receipt of gift provisions in RCW 42.52.140. [2003
c 153 § 5.]
43.10
43.12
43.19
43.20
43.20A
43.20B
43.21A
43.21B
43.21C
43.21K
Findings—2003 c 153: See note following RCW 43.330.090.
43.21L
42.52.802
42.52.802 Exemption—Solicitation for oral history,
state library, and archives account. This chapter does not
prohibit the secretary of state or a designee from soliciting
and accepting contributions to the oral history, state library,
and archives account created in RCW 43.07.380. [2003 c
164 § 4.]
43.22
43.30
43.42
43.43
43.52
43.63A
42.52.810
42.52.810 Solicitation for the legislative international
trade account—Report. (1) When soliciting charitable
gifts, grants, or donations solely for the legislative international trade account created in RCW 44.04.270, the president
of the senate is presumed not to be in violation of the solicitation and receipt of gift provisions in RCW 42.52.140.
(2) When soliciting charitable gifts, grants, or donations
solely for the legislative international trade account created in
RCW 44.04.270, state officers and state employees are presumed not to be in violation of the solicitation and receipt of
gift provisions in RCW 42.52.140.
(3) An annual report of the legislative international trade
account activities, including a list of receipts and expenditures, shall be published by the president of the senate and
submitted to the house of representatives and the senate and
be a public record for the purposes of RCW 42.17.260. [2003
c 265 § 2.]
42.52.820
42.52.820 Solicitation for hosting national legislative
association conference. When soliciting gifts, grants, or
donations to host an official conference within the state of
Washington of a national legislative association as approved
by both the chief clerk and the secretary of the senate, designated legislative officials and designated legislative employees are presumed not to be in violation of the solicitation and
receipt of gift provisions in this chapter. For the purposes of
this section, any legislative association must include among
its membership the Washington state legislature or individual
legislators or legislative staff. [2003 1st sp.s. c 23 § 1.]
Title 43
Title 43
STATE GOVERNMENT—EXECUTIVE
43.70
43.72
43.79
43.79A
43.84
43.85
43.88
43.99R
43.101
43.105
43.131
43.135
43.155
43.157
43.160
43.162
43.175
43.185B
43.200
43.211
43.300
43.320
43.330
43.332
Attorney general.
Commissioner of public lands.
Department of general administration.
State board of health.
Department of social and health services.
Revenue recovery for department of social and
health services.
Department of ecology.
Environmental hearings office—Pollution control hearings board.
State environmental policy.
Environmental excellence program agreements.
Economic development projects—Appeals and
reviews of permit decisions.
Department of labor and industries.
Department of natural resources.
Office of regulatory assistance.
Washington state patrol.
Operating agencies.
Department of community, trade, and economic development.
Department of health.
Health system reform—Health services commission.
State funds.
Treasurer's trust fund.
Investments and interfund loans.
State depositaries.
State budgeting, accounting, and reporting
system.
Financing for appropriations—2003-2005
biennium.
Criminal justice training commission—Education and training standards boards.
Department of information services.
Washington sunset act of 1977.
State expenditures limitations.
Public works projects.
Industrial projects of statewide significance.
Economic development—Public facilities loans
and grants.
Economic development commission.
Governor's small business improvement council.
Washington housing policy act.
Radioactive waste act.
211 information system.
Department of fish and wildlife.
Department of financial institutions.
Department of community, trade, and economic development.
Office of the Washington state trade representative.
Chapter 43.01 RCW
STATE OFFICERS—GENERAL PROVISIONS
Chapter 43.01
Chapters
43.01
43.03
43.06
43.07
43.08
43.09
State officers—General provisions.
Salaries and expenses.
Governor.
Secretary of state.
State treasurer.
State auditor.
[2003 RCW Supp—page 530]
Sections
43.01.015
43.01.100
43.01.110
Repealed. (Effective July 1, 2004.)
Application forms—Employment—Licenses—Mention of
race or religion prohibited—Penalty. (Effective July 1,
2004.)
Repealed. (Effective July 1, 2004.)
Salaries and Expenses
43.03.013
43.01.015
43.01.015 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
43.01.100
43.01.100 Application forms—Employment—
Licenses—Mention of race or religion prohibited—Penalty. (Effective July 1, 2004.) (1) The inclusion of any question relative to an applicant's race or religion in any application blank or form for employment or license required to be
filled in and submitted by an applicant to any department,
board, commission, officer, agent, or employee of this state
or the disclosure on any license of the race or religion of the
licensee is hereby prohibited.
(2) A person violating this section is guilty of a misdemeanor. [2003 c 53 § 221; 1965 c 8 § 43.01.100. Prior: 1955
c 87 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
(a) Governor . . . . . . . . . . . . . . . . . . . . . . . . . . $ 145,132
(b) Lieutenant governor . . . . . . . . . . . . . . . . . $ 75,865
(c) Secretary of state . . . . . . . . . . . . . . . . . . . . $ 101,702
(d) Treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . $ 101,702
(e) Auditor. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 101,702
(f) Attorney general. . . . . . . . . . . . . . . . . . . . . $ 131,938
(g) Superintendent of public instruction . . . . . $ 103,785
(h) Commissioner of public lands. . . . . . . . . . $ 103,785
(i) Insurance commissioner. . . . . . . . . . . . . . . $ 101,702
(4) The lieutenant governor shall receive the fixed
amount of his salary plus 1/260th of the difference between
his salary and that of the governor for each day that the lieutenant governor is called upon to perform the duties of the
governor by reason of the absence from the state, removal,
resignation, death, or disability of the governor. [2003 1st
sp.s. c 1 § 1; 2001 1st sp.s. c 3 § 1; 1999 sp.s. c 3 § 1; 1997 c
458 § 1; 1995 2nd sp.s. c 1 § 1; 1993 sp.s. c 26 § 1; 1991 sp.s.
c 1 § 1; 1989 2nd ex.s. c 4 § 1; 1987 1st ex.s. c 1 § 1, part.]
Discrimination—Human rights commission: Chapter 49.60 RCW.
Subversive activities, public officials and employees: Chapter 9.81 RCW.
43.01.110
43.01.110 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 43.03
Chapter 43.03 RCW
SALARIES AND EXPENSES
Sections
43.03.011
43.03.012
43.03.013
43.03.050
43.03.011
Salaries of state elected officials of the executive branch.
Salaries of judges.
Salaries of members of the legislature.
Subsistence, lodging and refreshment, and per diem allowance
for officials, employees, and members of boards, commissions, or committees.
43.03.011 Salaries of state elected officials of the
executive branch. Pursuant to Article XXVIII, section 1 of
the state Constitution and RCW 43.03.010 and 43.03.310, the
annual salaries of the state elected officials of the executive
branch shall be as follows:
(1) Effective September 1, 2002:
(a) Governor . . . . . . . . . . . . . . . . . . . . . . . . . . $ 142,286
(b) Lieutenant governor . . . . . . . . . . . . . . . . . $ 74,377
(c) Secretary of state . . . . . . . . . . . . . . . . . . . . $ 91,048
(d) Treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . $ 99,708
(e) Auditor. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 99,708
(f) Attorney general. . . . . . . . . . . . . . . . . . . . . $ 129,351
(g) Superintendent of public instruction . . . . . $ 101,750
(h) Commissioner of public lands. . . . . . . . . . $ 101,750
(i) Insurance commissioner. . . . . . . . . . . . . . . $ 92,702
(2) Effective September 1, 2003:
(a) Governor . . . . . . . . . . . . . . . . . . . . . . . . . . $ 142,286
(b) Lieutenant governor . . . . . . . . . . . . . . . . . $ 74,377
(c) Secretary of state . . . . . . . . . . . . . . . . . . . . $ 99,708
(d) Treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . $ 99,708
(e) Auditor. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 99,708
(f) Attorney general. . . . . . . . . . . . . . . . . . . . . $ 129,351
(g) Superintendent of public instruction . . . . . $ 101,750
(h) Commissioner of public lands. . . . . . . . . . $ 101,750
(i) Insurance commissioner. . . . . . . . . . . . . . . $ 99,708
(3) Effective September 1, 2004:
43.03.012
43.03.012 Salaries of judges. Pursuant to Article
XXVIII, section 1 of the state Constitution and RCW
2.04.092, 2.06.062, 2.08.092, 3.58.010, and 43.03.310, the
annual salaries of the judges of the state shall be as follows:
(1) Effective September 1, 2002:
(a) Justices of the supreme court. . . . . . . . . . . $ 134,584
(b) Judges of the court of appeals . . . . . . . . . . $ 128,116
(c) Judges of the superior court. . . . . . . . . . . . $ 121,972
(d) Full-time judges of the district court . . . . . $ 116,135
(2) Effective September 1, 2003:
(a) Justices of the supreme court. . . . . . . . . . . $ 134,584
(b) Judges of the court of appeals . . . . . . . . . . $ 128,116
(c) Judges of the superior court. . . . . . . . . . . . $ 121,972
(d) Full-time judges of the district court . . . . . $ 116,135
(3) Effective September 1, 2004:
(a) Justices of the supreme court. . . . . . . . . . . $ 137,276
(b) Judges of the court of appeals . . . . . . . . . . $ 130,678
(c) Judges of the superior court. . . . . . . . . . . . $ 124,411
(d) Full-time judges of the district court . . . . . $ 118,458
(4) The salary for a part-time district court judge shall be
the proportion of full-time work for which the position is
authorized, multiplied by the salary for a full-time district
court judge. [2003 1st sp.s. c 1 § 2; 2001 1st sp.s. c 3 § 2;
1999 sp.s. c 3 § 2; 1997 c 458 § 2; 1995 2nd sp.s. c 1 § 2; 1993
sp.s. c 26 § 2; 1991 sp.s. c 1 § 2; 1989 2nd ex.s. c 4 § 2; 1987
1st ex.s. c 1 § 1, part.]
43.03.013
43.03.013 Salaries of members of the legislature. Pursuant to Article XXVIII, section 1 of the state Constitution
and RCW 43.03.010 and 43.03.310, the annual salary of
members of the legislature shall be:
(1) Effective September 1, 2002:
(a) Legislators . . . . . . . . . . . . . . . . . . . . . . . . . .$ 33,556
(b) Speaker of the house . . . . . . . . . . . . . . . . . .$ 41,556
(c) Senate majority leader . . . . . . . . . . . . . . . . .$ 41,556
(d) House minority leader . . . . . . . . . . . . . . . . .$ 37,556
(e) Senate minority leader. . . . . . . . . . . . . . . . .$ 37,556
(2) Effective September 1, 2003:
(a) Legislators . . . . . . . . . . . . . . . . . . . . . . . . . .$ 33,556
(b) Speaker of the house . . . . . . . . . . . . . . . . . .$ 41,556
(c) Senate majority leader . . . . . . . . . . . . . . . . .$ 41,556
(d) House minority leader . . . . . . . . . . . . . . . . .$ 37,556
[2003 RCW Supp—page 531]
43.03.050
Title 43 RCW: State Government—Executive
(e) Senate minority leader . . . . . . . . . . . . . . . . .$
(3) Effective September 1, 2004:
(a) Legislators . . . . . . . . . . . . . . . . . . . . . . . . . .$
(b) Speaker of the house . . . . . . . . . . . . . . . . . .$
(c) Senate majority leader . . . . . . . . . . . . . . . . .$
(d) House minority leader . . . . . . . . . . . . . . . . .$
(e) Senate minority leader . . . . . . . . . . . . . . . . .$
37,556
34,227
42,227
42,227
38,227
38,227
[2003 1st sp.s. c 1 § 3; 2001 1st sp.s. c 3 § 3; 1999 sp.s. c 3 §
3; 1997 c 458 § 3; 1995 2nd sp.s. c 1 § 3; 1993 sp.s. c 26 § 3;
1991 sp.s. c 1 § 3; 1989 2nd ex.s. c 4 § 3; 1987 1st ex.s. c 1 §
1, part.]
43.03.050
43.03.050 Subsistence, lodging and refreshment, and
per diem allowance for officials, employees, and members
of boards, commissions, or committees. (1) The director of
financial management shall prescribe reasonable allowances
to cover reasonable and necessary subsistence and lodging
expenses for elective and appointive officials and state
employees while engaged on official business away from
their designated posts of duty. The director of financial management may prescribe and regulate the allowances provided
in lieu of subsistence and lodging expenses and may prescribe the conditions under which reimbursement for subsistence and lodging may be allowed. The schedule of allowances adopted by the office of financial management may
include special allowances for foreign travel and other travel
involving higher than usual costs for subsistence and lodging.
The allowances established by the director shall not exceed
the rates set by the federal government for federal employees.
However, during the 2003-05 fiscal biennium, the allowances
for any county that is part of a metropolitan statistical area,
the largest city of which is in another state, shall equal the
allowances prescribed for that larger city.
(2) Those persons appointed to serve without compensation on any state board, commission, or committee, if entitled
to payment of travel expenses, shall be paid pursuant to special per diem rates prescribed in accordance with subsection
(1) of this section by the office of financial management.
(3) The director of financial management may prescribe
reasonable allowances to cover reasonable expenses for
meals, coffee, and light refreshment served to elective and
appointive officials and state employees regardless of travel
status at a meeting where: (a) The purpose of the meeting is
to conduct official state business or to provide formal training
to state employees or state officials; (b) the meals, coffee, or
light refreshment are an integral part of the meeting or training session; (c) the meeting or training session takes place
away from the employee's or official's regular workplace; and
(d) the agency head or authorized designee approves payments in advance for the meals, coffee, or light refreshment.
In order to prevent abuse, the director may regulate such
allowances and prescribe additional conditions for claiming
the allowances.
(4) Upon approval of the agency head or authorized designee, an agency may serve coffee or light refreshments at a
meeting where: (a) The purpose of the meeting is to conduct
state business or to provide formal training that benefits the
state; and (b) the coffee or light refreshment is an integral part
of the meeting or training session. The director of financial
[2003 RCW Supp—page 532]
management shall adopt requirements necessary to prohibit
abuse of the authority authorized in this subsection.
(5) The schedule of allowances prescribed by the director under the terms of this section and any subsequent
increases in any maximum allowance or special allowances
for areas of higher than usual costs shall be reported to the
ways and means committees of the house of representatives
and the senate at each regular session of the legislature.
[2003 1st sp.s. c 25 § 915; 1990 c 30 § 1; 1983 1st ex.s. c 29
§ 1; 1979 c 151 § 83; 1977 ex.s. c 312 § 1; 1975-'76 2nd ex.s.
c 34 § 94; 1970 ex.s. c 34 § 1; 1965 ex.s. c 77 § 1; 1965 c 8 §
43.03.050. Prior: 1961 c 220 § 1; 1959 c 194 § 1; 1953 c 259
§ 1; 1949 c 17 § 1; 1943 c 86 § 1; Rem. Supp. 1949 § 109811.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Effective date—Construction—1977 ex.s. c 312: "This act is necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect immediately except that any new schedule of allowances
under either RCW 43.03.050 and 43.03.060 as now or hereafter amended
shall not be effective until July 1, 1977 or later." [1977 ex.s. c 312 § 5.]
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Chapter 43.06
Chapter 43.06 RCW
GOVERNOR
Sections
43.06.220
43.06.230
43.06.460
43.06.220
State of emergency—Powers of governor pursuant to proclamation. (Effective July 1, 2004.)
State of emergency—Destroying or damaging property or
causing personal injury—Penalty. (Effective July 1, 2004.)
Cigarette tax contracts—Eligible tribes—Tax rate.
43.06.220 State of emergency—Powers of governor
pursuant to proclamation. (Effective July 1, 2004.) (1)
The governor after proclaiming a state of emergency and
prior to terminating such, may, in the area described by the
proclamation issue an order prohibiting:
(a) Any person being on the public streets, or in the public parks, or at any other public place during the hours
declared by the governor to be a period of curfew;
(b) Any number of persons, as designated by the governor, from assembling or gathering on the public streets,
parks, or other open areas of this state, either public or private;
(c) The manufacture, transfer, use, possession or transportation of a molotov cocktail or any other device, instrument or object designed to explode or produce uncontained
combustion;
(d) The transporting, possessing or using of gasoline,
kerosene, or combustible, flammable, or explosive liquids or
materials in a glass or uncapped container of any kind except
in connection with the normal operation of motor vehicles,
normal home use or legitimate commercial use;
(e) The possession of firearms or any other deadly
weapon by a person (other than a law enforcement officer) in
a place other than that person's place of residence or business;
(f) The sale, purchase or dispensing of alcoholic beverages;
(g) The sale, purchase or dispensing of other commodities or goods, as he or she reasonably believes should be pro-
Secretary of State
hibited to help preserve and maintain life, health, property or
the public peace;
(h) The use of certain streets, highways or public ways
by the public; and
(i) Such other activities as he or she reasonably believes
should be prohibited to help preserve and maintain life,
health, property or the public peace.
(2) In imposing the restrictions provided for by RCW
43.06.010, and 43.06.200 through 43.06.270, the governor
may impose them for such times, upon such conditions, with
such exceptions and in such areas of this state he or she from
time to time deems necessary.
(3) Any person willfully violating any provision of an
order issued by the governor under this section is guilty of a
gross misdemeanor. [2003 c 53 § 222; 1969 ex.s. c 186 § 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
43.06.230
43.06.230 State of emergency—Destroying or damaging property or causing personal injury—Penalty.
(Effective July 1, 2004.) After the proclamation of a state of
emergency as provided in RCW 43.06.010, any person who
maliciously destroys or damages any real or personal property or maliciously injures another is guilty of a class B felony and upon conviction thereof shall be imprisoned in a
state correctional facility for not less than two years nor more
than ten years. [2003 c 53 § 223; 1992 c 7 § 39; 1969 ex.s. c
186 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
43.06.460
43.06.460 Cigarette tax contracts—Eligible tribes—
Tax rate. (1) The governor is authorized to enter into cigarette tax contracts with the Squaxin Island Tribe, the
Nisqually Tribe, Tulalip Tribes, the Muckleshoot Indian
Tribe, the Quinault Nation, the Jamestown S'Klallam Indian
Tribe, the Port Gamble S'Klallam Tribe, the Stillaguamish
Tribe, the Sauk-Suiattle Tribe, the Skokomish Indian Tribe,
the Yakama Nation, the Suquamish Tribe, the Nooksack
Indian Tribe, the Lummi Nation, the Chehalis Confederated
Tribes, the Upper Skagit Tribe, the Snoqualmie Tribe, the
Swinomish Tribe, the Samish Indian Nation, the Quileute
Tribe, and the Kalispel Tribe. Each contract adopted under
this section shall provide that the tribal cigarette tax rate be
one hundred percent of the state cigarette and state and local
sales and use taxes within three years of enacting the tribal
tax and shall be set no lower than eighty percent of the state
cigarette and state and local sales and use taxes during the
three-year phase-in period. The three-year phase-in period
shall be shortened by three months each quarter the number
of cartons of nontribal manufactured cigarettes is at least
ten percent or more than the quarterly average number of cartons of nontribal manufactured cigarettes from the six-month
period preceding the imposition of the tribal tax under the
contract. Sales at a retailer operation not in existence as of
the date a tribal tax under this section is imposed are subject
to the full rate of the tribal tax under the contract. The tribal
cigarette tax is in lieu of the state cigarette and state and local
sales and use taxes, as provided in RCW 43.06.455(3).
43.07.380
(2) A cigarette tax contract under this section is subject
to RCW 43.06.455. [2003 c 236 § 1; 2002 c 87 § 1; 2001 2nd
sp.s. c 21 § 1; 2001 c 235 § 3.]
Chapter 43.07
Chapter 43.07 RCW
SECRETARY OF STATE
Sections
43.07.310
43.07.370
43.07.380
Division of elections—Duties. (Effective July 1, 2004.)
Oral history, state library, and archives programs—Gifts,
grants, conveyances—Rules.
Oral history, state library, and archives account.
43.07.310
43.07.310 Division of elections—Duties. (Effective
July 1, 2004.) The secretary of state, through the division of
elections, is responsible for the following duties, as prescribed by Title 29A RCW:
(1) The filing, verification of signatures, and certification of state initiative, referendum, and recall petitions;
(2) The production and distribution of a state voters'
pamphlet;
(3) The examination, testing, and certification of voting
equipment, voting devices, and vote-tallying systems;
(4) The administration, canvassing, and certification of
the presidential primary, state primaries, and state general
elections;
(5) The administration of motor voter and other voter
registration and voter outreach programs;
(6) The training, testing, and certification of state and
local elections personnel as established in RCW 29A.04.530;
(7) The training of state and local party observers
required by RCW 29A.04.540;
(8) The conduct of postelection reviews as established in
RCW 29A.04.570; and
(9) Other duties that may be prescribed by the legislature. [2003 c 111 § 2303; 1992 c 163 § 2.]
Effective date—2003 c 111: See RCW 29A.04.903.
43.07.370
43.07.370 Oral history, state library, and archives
programs—Gifts, grants, conveyances—Rules. (1) The
secretary of state may solicit and accept gifts, grants, conveyances, bequests, and devises of real or personal property, or
both, in trust or otherwise, and sell, lease, exchange, invest,
or expend these donations or the proceeds, rents, profits, and
income from the donations except as limited by the donor's
terms.
(2) Moneys received under this section may be used only
for the following purposes:
(a) Conducting oral histories;
(b) Archival activities; and
(c) Washington state library activities.
(3) Moneys received under this section must be deposited in the oral history, state library, and archives account
established in RCW 43.07.380.
(4) The secretary of state shall adopt rules to govern and
protect the receipt and expenditure of the proceeds. [2003 c
164 § 1.]
43.07.380
43.07.380 Oral history, state library, and archives
account. The oral history, state library, and archives account
is created in the custody of the state treasurer. All moneys
[2003 RCW Supp—page 533]
Chapter 43.08
Title 43 RCW: State Government—Executive
received under RCW 43.07.370 must be deposited in the
account. Expenditures from the account may be made only
for the purposes of the oral history program under RCW
43.07.220, archives program under RCW 40.14.020, and
state library program under chapter 27.04 RCW. Only the
secretary of state or the secretary of state's designee may
authorize expenditures from the account. An appropriation is
not required for expenditures, but the account is subject to
allotment procedures under chapter 43.88 RCW. [2003 c 164
§ 2.]
Chapter 43.08
Chapter 43.08 RCW
STATE TREASURER
Sections
43.08.140
43.08.190
43.08.250
Embezzlement—Penalty. (Effective July 1, 2004.)
State treasurer's service fund—Creation—Purpose.
Public safety and education account—Use.
43.08.140
43.08.140 Embezzlement—Penalty. (Effective July 1,
2004.) If any person holding the office of state treasurer fails
to account for and pay over all moneys in his or her hands in
accordance with law, or unlawfully converts to his or her own
use in any way whatever, or uses by way of investment in any
kind of property, or loans without authority of law, any portion of the public money intrusted to him or her for safekeeping, transfer, or disbursement, or unlawfully converts to his
or her own use any money that comes into his or her hands by
virtue of his or her office, the person is guilty of a class B felony, and upon conviction thereof, shall be imprisoned in a
state correctional facility not exceeding fourteen years, and
fined a sum equal to the amount embezzled. [2003 c 53 §
224; 1992 c 7 § 40; 1965 c 8 § 43.08.140. Prior: 1890 p 644
§ 10; RRS § 11027; prior: 1886 p 105 § 11.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Misappropriation of funds: RCW 42.20.070, 42.20.090.
43.08.190
43.08.190 State treasurer's service fund—Creation—Purpose. There is hereby created a fund within the
state treasury to be known as the "state treasurer's service
fund". Such fund shall be used solely for the payment of
costs and expenses incurred in the operation and administration of the state treasurer's office.
Moneys shall be allocated monthly and placed in the
state treasurer's service fund equivalent to a maximum of one
percent of the trust and treasury average daily cash balances
from the earnings generated under the authority of RCW
43.79A.040 and 43.84.080 other than earnings generated
from investment of balances in funds and accounts specified
in RCW *43.79.040 or 43.84.092(4)(b). The allocation shall
precede the distribution of the remaining earnings as prescribed under RCW 43.79A.040 and 43.84.092. The state
treasurer shall establish a uniform allocation rate based on the
appropriations for the treasurer's office.
During the 2003-2005 fiscal biennium, the legislature
may transfer from the state treasurer's service fund to the state
general fund such amounts as reflect the excess fund balance
of the fund. [2003 1st sp.s. c 25 § 916; 1991 sp.s. c 13 § 83;
1985 c 405 § 506; 1973 c 27 § 2.]
[2003 RCW Supp—page 534]
*Reviser's note: The reference to RCW 43.79.040 is incorrect. RCW
43.79A.040 was apparently intended.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Severability—1985 c 405: See note following RCW 9.46.100.
43.08.250
43.08.250 Public safety and education account—Use.
The money received by the state treasurer from fees, fines,
forfeitures, penalties, reimbursements or assessments by any
court organized under Title 3 or 35 RCW, or chapter 2.08
RCW, shall be deposited in the public safety and education
account which is hereby created in the state treasury. The
legislature shall appropriate the funds in the account to promote traffic safety education, highway safety, criminal justice training, crime victims' compensation, judicial education, the judicial information system, civil representation of
indigent persons, winter recreation parking, drug court operations, and state game programs. During the fiscal biennium
ending June 30, 2005, the legislature may appropriate moneys from the public safety and education account for purposes of appellate indigent defense and other operations of
the office of public defense, the criminal litigation unit of the
attorney general's office, the treatment alternatives to street
crimes program, crime victims advocacy programs, justice
information network telecommunication planning, treatment
for supplemental security income clients, sexual assault treatment, operations of the office of administrator for the courts,
security in the common schools, alternative school start-up
grants, programs for disruptive students, criminal justice data
collection, Washington state patrol criminal justice activities,
drug court operations, unified family courts, local court backlog assistance, financial assistance to local jurisdictions for
extraordinary costs incurred in the adjudication of criminal
cases, domestic violence treatment and related services, the
department of corrections' costs in implementing chapter
196, Laws of 1999, reimbursement of local governments for
costs associated with implementing criminal and civil justice
legislation, the replacement of the department of corrections'
offender-based tracking system, secure and semi-secure crisis residential centers, HOPE beds, the family policy council
and community public health and safety networks, the street
youth program, public notification about registered sex
offenders, and narcotics or methamphetamine-related
enforcement, education, training, and drug and alcohol treatment services. [2003 1st sp.s. c 25 § 918. Prior: 2001 2nd
sp.s. c 7 § 914; 2001 c 289 § 4; 2000 2nd sp.s. c 1 § 911; 1999
c 309 § 915; 1997 c 149 § 910; 1996 c 283 § 901; 1995 2nd
sp.s. c 18 § 912; 1993 sp.s. c 24 § 917; 1992 c 54 § 3; prior:
1991 sp.s. c 16 § 919; 1991 sp.s. c 13 § 25; 1985 c 57 § 27;
1984 c 258 § 338.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—2001 2nd sp.s. c 7: See notes following RCW 43.320.110.
Severability—Effective date—2000 2nd sp.s. c 1: See notes following RCW 41.05.143.
Severability—Effective date—1999 c 309: See notes following RCW
41.06.152.
Severability—1997 c 149: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
State Auditor
the application of the provision to other persons or circumstances is not
affected." [1997 c 149 § 917.]
Effective date—1997 c 149: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
[1997 c 149 § 918.]
Severability—1996 c 283: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1996 c 283 § 904.]
Effective date—1996 c 283: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 30, 1996]." [1996 c 283 § 905.]
Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.165.070.
Effective date—1992 c 54: See note following RCW 36.18.020.
Severability—Effective date—1991 sp.s. c 16: See notes following
RCW 9.46.100.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Public safety and education assessment: RCW 3.62.090.
Chapter 43.10
Chapter 43.09 RCW
STATE AUDITOR
Sections
43.09.165
Subpoenas—Compulsory process—Witnesses—Oaths—Testimony—Penalty. (Effective July 1, 2004.)
43.09.165
43.09.165 Subpoenas—Compulsory process—Witnesses—Oaths—Testimony—Penalty. (Effective July 1,
2004.) (1) The state auditor, his or her employees and every
person legally appointed to perform such service, may issue
subpoenas and compulsory process and direct the service
thereof by any constable or sheriff, compel the attendance of
witnesses and the production of books and papers before him
or her at any designated time and place, and may administer
oaths.
(2) When any person summoned to appear and give testimony neglects or refuses to do so, or neglects or refuses to
answer any question that may be put to him or her touching
any matter under examination, or to produce any books or
papers required, the person making such examination shall
apply to a superior court judge of the proper county to issue a
subpoena for the appearance of such person before him or
her; and the judge shall order the issuance of a subpoena for
the appearance of such person forthwith before him or her to
give testimony; and if any person so summoned fails to
appear, or appearing, refuses to testify, or to produce any
books or papers required, he or she shall be subject to like
proceedings and penalties for contempt as witnesses in the
superior court.
(3) Willful false swearing in any such examination is
perjury under chapter 9A.72 RCW. [2003 c 53 § 225; 1995 c
301 § 5.]
Chapter 43.10 RCW
ATTORNEY GENERAL
Sections
43.10.180
Legal services revolving fund—Allocation of costs to funds
and agencies—Accounting—Billing.
43.10.180
43.10.180 Legal services revolving fund—Allocation
of costs to funds and agencies—Accounting—Billing. (1)
The attorney general shall keep such records as are necessary
to facilitate proper allocation of costs to funds and agencies
served and the director of financial management shall prescribe appropriate accounting procedures to accurately allocate costs to funds and agencies served. Billings shall be
adjusted in line with actual costs incurred at intervals not to
exceed six months.
(2) During the 2003-05 fiscal biennium, all expenses for
administration of the office of the attorney general shall be
allocated to and paid from the legal services revolving fund in
accordance with accounting procedures prescribed by the
director of financial management. [2003 1st sp.s. c 25 § 917;
1979 c 151 § 95; 1974 ex.s. c 146 § 3; 1971 ex.s. c 71 § 4.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Effective date—1974 ex.s. c 146: See note following RCW 43.10.150.
Chapter 43.12
Chapter 43.09
43.12.031
Chapter 43.12 RCW
COMMISSIONER OF PUBLIC LANDS
Sections
43.12.021
43.12.025
43.12.031
43.12.035
43.12.041
43.12.055
43.12.065
43.12.065
43.12.075
Commissioner—Deputy—Appointment—Powers—Oath.
Recodified as RCW 43.30.630.
Auditors and cashiers—Other assistants.
Recodified as RCW 43.30.640.
Official bonds.
Enforcement in accordance with RCW 43.05.100 and
43.05.110.
Rules pertaining to public use of state lands—Enforcement—
Penalty. (Effective until July 1, 2004.)
Rules pertaining to public use of state lands—Enforcement—
Penalty. (Effective July 1, 2004.)
Duty of attorney general—Commissioner may represent state.
43.12.021
43.12.021 Commissioner—Deputy—Appointment—
Powers—Oath. The commissioner shall have the power to
appoint an assistant, who shall be deputy commissioner of
public lands with power to perform any act or duty relating to
the office of the commissioner, and, in case of vacancy by
death or resignation of the commissioner, shall perform the
duties of the office until the vacancy is filled, and shall act as
chief clerk in the office of the commissioner, and, before performing any duties, shall take, subscribe, and file in the office
of the secretary of state the oath of office required by law of
state officers. [2003 c 334 § 305; 1927 c 255 § 14; RRS §
7797-14. Prior: 1903 c 33 § 1; RRS § 7815. Formerly RCW
79.01.056, 43.12.020.]
Intent—2003 c 334: See note following RCW 79.02.010.
43.12.025
43.12.025 Recodified as RCW 43.30.630. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.12.031
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
43.12.031 Auditors and cashiers—Other assistants.
The commissioner shall have the power to appoint an auditor
[2003 RCW Supp—page 535]
43.12.035
Title 43 RCW: State Government—Executive
and cashier and such number of other assistants, as the commissioner deems necessary for the performance of the duties
of the office. [2003 c 334 § 306; 1927 c 255 § 15; RRS §
7797-15. Formerly RCW 79.01.060, 43.12.030.]
Intent—2003 c 334: See note following RCW 79.02.010.
43.12.035
43.12.035 Recodified as RCW 43.30.640. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.12.041
43.12.041 Official bonds. The commissioner and those
appointed by the commissioner shall enter into good and sufficient surety company bonds as required by law, in the following sums: Commissioner, fifty thousand dollars; and
other appointees in such sum as may be fixed in the manner
provided by law. [2003 c 334 § 307; 1927 c 255 § 16; RRS §
7797-16. Prior: 1907 c 119 §§ 1, 2; RRS §§ 7816, 7817.
Formerly RCW 79.01.064, 43.12.040.]
Intent—2003 c 334: See note following RCW 79.02.010.
43.12.055
43.12.055 Enforcement in accordance with RCW
43.05.100 and 43.05.110. Enforcement action taken after
July 23, 1995, by the commissioner of public lands or the
supervisor of natural resources shall be in accordance with
RCW 43.05.100 and 43.05.110. [2003 c 334 § 103; 1995 c
403 § 622.]
Intent—2003 c 334: See note following RCW 79.02.010.
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
43.12.065
43.12.065 Rules pertaining to public use of state
lands—Enforcement—Penalty. (Effective until July 1,
2004.) For the promotion of the public safety and the protection of public property, the department of natural resources
may, in accordance with chapter 34.05 RCW, issue, promulgate, adopt, and enforce rules pertaining to use by the public
of state-owned lands and property which are administered by
the department.
A violation of any rule adopted under this section shall
constitute a misdemeanor unless the department specifies by
rule, when not inconsistent with applicable statutes, that violation of the rule is an infraction under chapter 7.84 RCW:
PROVIDED, That violation of a rule relating to traffic
including parking, standing, stopping, and pedestrian
offenses is a traffic infraction, except that violation of a rule
equivalent to those provisions of Title 46 RCW set forth in
RCW 46.63.020 remains a misdemeanor.
The commissioner of public lands and such of his
employees as he may designate shall be vested with police
powers when enforcing:
(1) The rules of the department adopted under this section; or
(2) The general criminal statutes or ordinances of the
state or its political subdivisions where enforcement is necessary for the protection of state-owned lands and property.
[1987 c 380 § 14; 1979 ex.s. c 136 § 38; 1969 ex.s. c 160 § 1.
Formerly RCW 43.30.310.]
Effective date—Severability—1987 c 380: See RCW 7.84.900 and
7.84.901.
[2003 RCW Supp—page 536]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
43.12.065
43.12.065 Rules pertaining to public use of state
lands—Enforcement—Penalty. (Effective July 1, 2004.)
(1) For the promotion of the public safety and the protection
of public property, the department of natural resources may,
in accordance with chapter 34.05 RCW, issue, promulgate,
adopt, and enforce rules pertaining to use by the public of
state-owned lands and property which are administered by
the department.
(2)(a) Except as otherwise provided in this subsection, a
violation of any rule adopted under this section is a misdemeanor.
(b) Except as provided in (c) of this subsection, the
department may specify by rule, when not inconsistent with
applicable statutes, that violation of such a rule is an infraction under chapter 7.84 RCW: PROVIDED, That violation
of a rule relating to traffic including parking, standing, stopping, and pedestrian offenses is a traffic infraction.
(c) Violation of such a rule equivalent to those provisions of Title 46 RCW set forth in RCW 46.63.020 remains a
misdemeanor.
(3) The commissioner of public lands and such of his or
her employees as he or she may designate shall be vested
with police powers when enforcing:
(a) The rules of the department adopted under this section; or
(b) The general criminal statutes or ordinances of the
state or its political subdivisions where enforcement is necessary for the protection of state-owned lands and property.
[2003 c 53 § 229; 1987 c 380 § 14; 1979 ex.s. c 136 § 38;
1969 ex.s. c 160 § 1. Formerly RCW 43.30.310.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1987 c 380: See RCW 7.84.900 and
7.84.901.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
43.12.075
43.12.075 Duty of attorney general—Commissioner
may represent state. It shall be the duty of the attorney general, to institute, or defend, any action or proceeding to which
the state, or the commissioner or the board, is or may be a
party, or in which the interests of the state are involved, in
any court of this state, or any other state, or of the United
States, or in any department of the United States, or before
any board or tribunal, when requested so to do by the commissioner, or the board, or upon the attorney general's own
initiative.
The commissioner is authorized to represent the state in
any such action or proceeding relating to any public lands of
the state. [2003 c 334 § 431; 1959 c 257 § 40; 1927 c 255 §
194; RRS § 7797-194. Prior: 1909 c 223 § 7; 1897 c 89 § 65;
1895 c 178 § 100. Formerly RCW 79.01.736, 79.08.020.]
Intent—2003 c 334: See note following RCW 79.02.010.
Chapter 43.19 RCW
DEPARTMENT OF GENERAL ADMINISTRATION
Chapter 43.19
Sections
Department of General Administration
43.19.1911
43.19.1939
43.19.520
43.19.525
43.19.530
43.19.531
43.19.533
43.19.642
43.19.643
43.19.651
43.19.1911
Competitive bids—Notice of modification or cancellation—
Cancellation requirements—Lowest responsible bidder—
Preferential purchase—Life cycle costing.
Unlawful to offer, give, accept, benefits as inducement for or
to refrain from bidding—Penalty. (Effective July 1, 2004.)
Purchase of products and services from entities serving or providing opportunities for disadvantaged or disabled persons—Intent.
Purchases from entities serving or providing opportunities for
disadvantaged or disabled persons—Definitions.
Purchases from entities serving or providing opportunities for
disadvantaged or disabled persons—Authorized—Fair market price.
Purchases from entities serving or providing opportunities for
disadvantaged or disabled persons—Vendors in good standing—Notice to purchasing agents—Notice to vendors—
Reports. (Expires December 31, 2007.)
Purchases from entities serving or providing opportunities for
disadvantaged or disabled persons—Existing contracts not
impaired—Solicitation of vendors in good standing.
Diesel-powered vehicles and equipment—Biodiesel fuel
blends.
Diesel-powered vehicles and equipment—Biodiesel fuel
blends—Definitions.
Fuel cells and renewable or alternative energy sources.
43.19.1911 Competitive bids—Notice of modification
or cancellation—Cancellation requirements—Lowest
responsible bidder—Preferential purchase—Life cycle
costing. (1) Preservation of the integrity of the competitive
bid system dictates that after competitive bids have been
opened, award must be made to that responsible bidder who
submitted the lowest responsive bid pursuant to subsections
(7) and (9) of this section, unless there is a compelling reason
to reject all bids and cancel the solicitation.
(2) Every effort shall be made to anticipate changes in a
requirement before the date of opening and to provide reasonable notice to all prospective bidders of any resulting modification or cancellation. If, in the opinion of the purchasing
agency, division, or department head, it is not possible to provide reasonable notice, the published date for receipt of bids
may be postponed and all known bidders notified. This will
permit bidders to change their bids and prevent unnecessary
exposure of bid prices. In addition, every effort shall be
made to include realistic, achievable requirements in a solicitation.
(3) After the opening of bids, a solicitation may not be
canceled and resolicited solely because of an increase in
requirements for the items being acquired. Award may be
made on the initial solicitation and an increase in requirements may be treated as a new acquisition.
(4) A solicitation may be canceled and all bids rejected
before award but after bid opening only when, consistent
with subsection (1) of this section, the purchasing agency,
division, or department head determines in writing that:
(a) Unavailable, inadequate, ambiguous specifications,
terms, conditions, or requirements were cited in the solicitation;
(b) Specifications, terms, conditions, or requirements
have been revised;
(c) The supplies or services being contracted for are no
longer required;
(d) The solicitation did not provide for consideration of
all factors of cost to the agency;
(e) Bids received indicate that the needs of the agency
can be satisfied by a less expensive article differing from that
for which the bids were invited;
43.19.1911
(f) All otherwise acceptable bids received are at unreasonable prices or only one bid is received and the agency cannot determine the reasonableness of the bid price;
(g) No responsive bid has been received from a responsible bidder; or
(h) The bid process was not fair or equitable.
(5) The agency, division, or department head may not
delegate his or her authority under this section.
(6) After the opening of bids, an agency may not reject
all bids and enter into direct negotiations to complete the
planned acquisition. However, the agency can enter into
negotiations exclusively with the lowest responsible bidder in
order to determine if the lowest responsible bid may be
improved. Until December 31, 2007, for purchases requiring
a formal bid process the agency shall also enter into negotiations with and may consider for award the lowest responsible
bidder that is a vendor in good standing, as defined in RCW
43.19.525. An agency shall not use this negotiation opportunity to permit a bidder to change a nonresponsive bid into a
responsive bid.
(7) In determining the lowest responsible bidder, the
agency shall consider any preferences provided by law to
Washington products and vendors and to RCW 43.19.704,
and further, may take into consideration the quality of the
articles proposed to be supplied, their conformity with specifications, the purposes for which required, and the times of
delivery.
(8) Each bid with the name of the bidder shall be entered
of record and each record, with the successful bid indicated,
shall, after letting of the contract, be open to public inspection.
(9) In determining "lowest responsible bidder", in addition to price, the following elements shall be given consideration:
(a) The ability, capacity, and skill of the bidder to perform the contract or provide the service required;
(b) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;
(c) Whether the bidder can perform the contract within
the time specified;
(d) The quality of performance of previous contracts or
services;
(e) The previous and existing compliance by the bidder
with laws relating to the contract or services;
(f) Such other information as may be secured having a
bearing on the decision to award the contract: PROVIDED,
That in considering bids for purchase, manufacture, or lease,
and in determining the "lowest responsible bidder," whenever there is reason to believe that applying the "life cycle
costing" technique to bid evaluation would result in lowest
total cost to the state, first consideration shall be given by
state purchasing activities to the bid with the lowest life cycle
cost which complies with specifications. "Life cycle cost"
means the total cost of an item to the state over its estimated
useful life, including costs of selection, acquisition, operation, maintenance, and where applicable, disposal, as far as
these costs can reasonably be determined, minus the salvage
value at the end of its estimated useful life. The "estimated
useful life" of an item means the estimated time from the date
of acquisition to the date of replacement or disposal, determined in any reasonable manner. Nothing in this section
[2003 RCW Supp—page 537]
43.19.1939
Title 43 RCW: State Government—Executive
shall prohibit any state agency, department, board, commission, committee, or other state-level entity from allowing for
preferential purchase of products made from recycled materials or products that may be recycled or reused. [2003 c 136 §
6; 1996 c 69 § 2; 1989 c 431 § 60; 1983 c 183 § 4; 1980 c 172
§ 8; 1965 c 8 § 43.19.1911. Prior: 1959 c 178 § 6.]
Intent—1996 c 69: "It is the intent of the legislature to preserve the
integrity of the competitive bidding system for state contracts. This dictates
that, after competitive bids have been opened, the agency must award the
contract to the responsible bidder who submitted the lowest responsive bid
and that only in limited compelling circumstances may the agency reject all
bids and cancel the solicitation. Further, after opening the competitive bids,
the agency may not reject all bids and enter into direct negotiations with the
bidders to complete the acquisition." [1996 c 69 § 1.]
Severability—1989 c 431: See RCW 70.95.901.
Energy conservation—Legislative finding—Declaration—Purpose: RCW
43.19.668 and 43.19.669.
43.19.1939
43.19.1939 Unlawful to offer, give, accept, benefits as
inducement for or to refrain from bidding—Penalty.
(Effective July 1, 2004.) (1) When any competitive bid or
bids are to be or have been solicited, requested, or advertised
for by the state under the provisions of RCW 43.19.190
through 43.19.1939, it shall be unlawful for any person acting
for himself, herself, or as agent of another, to offer, give, or
promise to give, any money, check, draft, property, or other
thing of value, to another for the purpose of inducing such
other person to refrain from submitting any bids upon such
purchase or to enter into any agreement, understanding or
arrangement whereby full and unrestricted competition for
the securing of such public work will be suppressed, prevented, or eliminated; and it shall be unlawful for any person
to solicit, accept or receive any money, check, draft, property,
or other thing of value upon a promise or understanding,
express or implied, that he or she individually or as an agent
or officer of another will refrain from bidding upon such contract, or that he or she will on behalf of himself, herself, or
such others submit or permit another to submit for him or her
any bid upon such purchase in such sum as to eliminate full
and unrestricted competition thereon.
(2) Any person violating this section is guilty of a misdemeanor. [2003 c 53 § 226; 1965 c 8 § 43.19.1939. Prior:
1959 c 178 § 20.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Competitive bidding on public works, suppression or collusion, penalty:
RCW 9.18.120 through 9.18.150.
43.19.520
43.19.520 Purchase of products and services from
entities serving or providing opportunities for disadvantaged or disabled persons—Intent. It is the intent of the
legislature to encourage state agencies and departments to
purchase products and/or services manufactured or provided
by:
(1) Community rehabilitation programs of the department of social and health services which operate facilities
serving disadvantaged persons and persons with disabilities
and have achieved or consistently make progress towards the
goal of enhancing opportunities for disadvantaged persons
and persons with disabilities to maximize their opportunities
for employment and career advancement, and increase the
number employed and their wages; and
[2003 RCW Supp—page 538]
(2) Until December 31, 2007, businesses owned and
operated by persons with disabilities that have achieved or
consistently make progress towards the goal of enhancing
opportunities for disadvantaged persons and persons with
disabilities to maximize their opportunities for employment
and career advancement, and increase the number employed
and their wages. [2003 c 136 § 1; 1974 ex.s. c 40 § 1.]
43.19.525
43.19.525 Purchases from entities serving or providing opportunities for disadvantaged or disabled persons—Definitions. The definitions in this section apply
throughout RCW 43.19.520 through 43.19.530 unless the
context clearly requires otherwise.
(1) "Businesses owned and operated by persons with disabilities" means any for-profit business certified under chapter 39.19 RCW as being owned and controlled by persons
who have been either:
(a) Determined by the department of social and health
services to have a developmental disability, as defined in
RCW 71A.10.020;
(b) Determined by an agency established under Title I of
the federal vocational rehabilitation act to be or have been eligible for vocational rehabilitation services;
(c) Determined by the federal social security administration to be or have been eligible for either social security disability insurance or supplemental security income; or
(d) Determined by the United States department of veterans affairs to be or have been eligible for vocational rehabilitation services due to service-connected disabilities, under 38
U.S.C. Sec. 3100 et seq.
(2) "Community rehabilitation programs of the department of social and health services" means any entity that:
(a) Is registered as a nonprofit corporation with the secretary of state; and
(b) Is recognized by the department of social and health
services, division of vocational rehabilitation as eligible to do
business as a community rehabilitation program.
(3) "Vendor in good standing" means a business owned
and operated by persons with disabilities or a community
rehabilitation program, that has been determined under RCW
43.19.531 and 50.40.065 to meet the following criteria:
(a) Has not been in material breach of any quality or performance provision of any contract for the purchase of goods
or services during the past thirty-six months; and
(b) Has achieved, or continues to work towards, the goal
of enhancing opportunities for disadvantaged persons and
persons with disabilities to maximize their opportunities for
employment and career advancement, and increase the number employed and their wages, as determined by the governor's committee on disability issues and employment. [2003
c 136 § 2; 1974 ex.s. c 40 § 2.]
43.19.530
43.19.530 Purchases from entities serving or providing opportunities for disadvantaged or disabled persons—Authorized—Fair market price. The state agencies
and departments are hereby authorized to purchase products
and/or services manufactured or provided by:
(1) Community rehabilitation programs of the department of social and health services; and
(2) Until December 31, 2007, businesses owned and
operated by persons with disabilities.
Department of General Administration
Such purchases shall be at the fair market price of such
products and services as determined by the division of purchasing of the department of general administration. To
determine the fair market price the division shall use the last
comparable bid on the products and/or services or in the alternative the last price paid for the products and/or services.
The increased cost of labor, materials, and other documented
costs since the last comparable bid or the last price paid are
additional cost factors which shall be considered in determining fair market price. Upon the establishment of the fair market price as provided for in this section the division is hereby
empowered to negotiate directly for the purchase of products
or services with officials in charge of the community rehabilitation programs of the department of social and health services and, until December 31, 2007, businesses owned and
operated by persons with disabilities. [2003 c 136 § 3; 1977
ex.s. c 10 § 2; 1974 ex.s. c 40 § 3.]
43.19.531
43.19.531 Purchases from entities serving or providing opportunities for disadvantaged or disabled persons—Vendors in good standing—Notice to purchasing
agents—Notice to vendors—Reports. (Expires December
31, 2007.) (1) The department of general administration shall
identify in the department's vendor registry all vendors in
good standing, as defined in RCW 43.19.525.
(2) The department of general administration shall annually, but no less often than once every fifteen months:
(a) Request that vendors in good standing update their
information in the department's vendor registry including but
not limited to the Washington state commodity codes for
products and services that the vendors propose to offer to
state agencies during at least the subsequent fifteen-month
period;
(b) Disseminate the information obtained in response to
the request made pursuant to (a) of this subsection to at least
one purchasing official in each state agency; and
(c) Notify each vendor in good standing of all contracts
for the purchase of goods and services by state agencies with
respect to which the department of general administration
anticipates either renewing or requesting bids or proposals
within at least twelve months of the date of the notice.
(3) The department of general administration and the
governor's committee on disability issues and employment
shall jointly prepare and, on or before December 31, 2006,
issue a report to the governor and the legislature. The report
shall describe the activities authorized or required by chapter
136, Laws of 2003, and their effect on enhancing opportunities for disadvantaged persons and persons with disabilities to
maximize their opportunities for employment and career
advancement, and increase the number employed and their
wages.
(4) This section expires December 31, 2007. [2003 c
136 § 4.]
43.19.533
43.19.533 Purchases from entities serving or providing opportunities for disadvantaged or disabled persons—Existing contracts not impaired—Solicitation of
vendors in good standing. (1) Nothing in chapter 136, Laws
of 2003 requires any state agency to take any action that
interferes with or impairs an existing contract between any
43.19.651
state agency and any other party, including but not limited to
any other state agency.
(2) Until December 31, 2007, except as provided under
RCW 43.19.1906(2) for purchases up to three thousand dollars, RCW 43.19.534, and subsection (1) of this section, a
state agency shall not purchase any product or service identified in the notice most recently disseminated by the department of general administration, as provided under RCW
43.19.531(2)(b), from other than a vendor in good standing
until the state agency has included in the solicitation process
at least one vendor in good standing supplying the goods or
service needed by the agency, unless no vendor in good
standing supplying the goods or service needed by the agency
is available. [2003 c 136 § 5.]
43.19.642
43.19.642 Diesel-powered vehicles and equipment—
Biodiesel fuel blends. (1) All state agencies are encouraged
to use a fuel blend of twenty percent biodiesel and eighty percent petroleum diesel for use in diesel-powered vehicles and
equipment.
(2) Effective June 1, 2006, for agencies complying with
the ultra-low sulfur diesel mandate of the United States environmental protection agency for on-highway diesel fuel,
agencies shall use biodiesel as an additive to ultra-low sulfur
diesel for lubricity, provided that the use of a lubricity additive is warranted and that the use of biodiesel is comparable
in performance and cost with other available lubricity additives. The amount of biodiesel added to the ultra-low sulfur
diesel fuel shall be not less than two percent. [2003 c 17 § 2.]
Findings—2003 c 17: "The legislature recognizes that:
(1) Biodiesel is less polluting than petroleum diesel;
(2) Using biodiesel in neat form or blended with petroleum diesel significantly reduces air toxics and cancer-causing compounds as well as the
soot associated with petroleum diesel exhaust;
(3) Biodiesel degrades much faster than petroleum diesel;
(4) Biodiesel is less toxic than petroleum fuels;
(5) The United States environmental protection agency's new emission
standards for petroleum diesel that take effect June 1, 2006, will require the
addition of a lubricant to ultra-low sulfur diesel to counteract premature wear
of injection pumps;
(6) Biodiesel provides the needed lubricity to ultra-low sulfur diesel;
(7) Biodiesel use in state-owned diesel-powered vehicles provides a
means for the state to comply with the alternative fuel vehicle purchase
requirements of the energy policy act of 1992, P.L. 102-486; and
(8) The state is in a position to set an example of large scale use of
biodiesel in diesel-powered vehicles and equipment." [2003 c 17 § 1.]
43.19.643
43.19.643 Diesel-powered vehicles and equipment—
Biodiesel fuel blends—Definitions. The definitions in this
section apply throughout RCW 43.19.642 unless the context
clearly requires otherwise.
(1) "Biodiesel" means a mono alkyl ester of long chain
fatty acids derived from vegetable oils or animal fats for use
in compression-ignition engines and that meets the requirements of the American society of testing and materials specification D 6751 in effect as of January 1, 2003.
(2) "Ultra-low sulfur diesel" means petroleum diesel in
which the sulfur content is not more than thirty parts per million. [2003 c 17 § 3.]
Findings—2003 c 17: See note following RCW 43.19.642.
43.19.651
43.19.651 Fuel cells and renewable or alternative
energy sources. (1) When planning for the capital construc[2003 RCW Supp—page 539]
Chapter 43.20
Title 43 RCW: State Government—Executive
tion or renovation of a state facility, state agencies shall consider the utilization of fuel cells and renewable or alternative
energy sources as a primary source of power for applications
that require an uninterruptible power source.
(2) When planning the purchase of back-up or emergency power systems and remote power systems, state agencies shall consider the utilization of fuel cells and renewable
or alternative energy sources instead of batteries or internal
combustion engines.
(3) The director of general administration shall develop
criteria by which state agencies can identify, evaluate, and
develop potential fuel cell applications at state facilities.
(4) For the purposes of this section, "fuel cell" means an
electrochemical reaction that generates electric energy by
combining atoms of hydrogen and oxygen in the presence of
a catalyst. [2003 c 340 § 1.]
Chapter 43.20
Chapter 43.20 RCW
STATE BOARD OF HEALTH
Sections
43.20.145
43.20.260
Food service rules—Consideration of federal food code.
Review of water system plan, requirements—Municipal water
suppliers, retail service.
43.20.145
43.20.145 Food service rules—Consideration of federal food code. The state board shall consider the most
recent version of the United States food and drug administration's food code for the purpose of adopting rules for food
service. [2003 c 65 § 2.]
Intent—2003 c 65: "The United States food and drug administration's
food code incorporates the most recent food science and technology. The
code is regularly updated in consultation with the states, the scientific community, and the food service industry. The food and drug administration's
food code provides consistency for food service regulations, and it serves as
a model for many states' food service rules. It is the legislature's intent that
the state board of health use the United States food and drug administration's
food code as guidance when developing food service rules for this state."
[2003 c 65 § 1.]
43.20.260
43.20.260 Review of water system plan, requirements—Municipal water suppliers, retail service. In
approving the water system plan of a public water system, the
department shall ensure that water service to be provided by
the system under the plan for any new industrial, commercial,
or residential use is consistent with the requirements of any
comprehensive plans or development regulations adopted
under chapter 36.70A RCW or any other applicable comprehensive plan, land use plan, or development regulation
adopted by a city, town, or county for the service area. A
municipal water supplier, as defined in RCW 90.03.015, has
a duty to provide retail water service within its retail service
area if: (1) Its service can be available in a timely and reasonable manner; (2) the municipal water supplier has sufficient
water rights to provide the service; (3) the municipal water
supplier has sufficient capacity to serve the water in a safe
and reliable manner as determined by the department of
health; and (4) it is consistent with the requirements of any
comprehensive plans or development regulations adopted
under chapter 36.70A RCW or any other applicable comprehensive plan, land use plan, or development regulation
adopted by a city, town, or county for the service area and, for
[2003 RCW Supp—page 540]
water service by the water utility of a city or town, with the
utility service extension ordinances of the city or town.
[2003 1st sp.s. c 5 § 8.]
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
Chapter 43.20A
Chapter 43.20A RCW
DEPARTMENT OF SOCIAL AND
HEALTH SERVICES
Sections
43.20A.890 Pathological gambling treatment program.
43.20A.890
43.20A.890 Pathological gambling treatment program. (1) A program for the treatment of pathological gambling is established within the department of social and health
services, to be administered by a qualified person who has
training and experience in handling pathological gambling
problems or the organization and administration of treatment
services for persons suffering from pathological gambling
problems. The department shall track program participation
and client outcomes.
(2) To receive treatment under subsection (1) of this section, a person must:
(a) Need treatment for pathological gambling, but be
unable to afford treatment; and
(b) Be targeted by the department of social and health
services as to be most amenable to treatment.
(3) Treatment under this section is limited to the funds
available to the department of social and health services.
(4) The department of social and health services shall
report to the legislature by September 1, 2002, with a plan for
implementing this section.
(5) The department of social and health services shall
report to the legislature by November 1, 2003, on program
participation and client outcomes. [2002 c 349 § 4. Formerly
RCW 67.70.350.]
Chapter 43.20B RCW
REVENUE RECOVERY FOR DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
Chapter 43.20B
Sections
43.20B.030 Overpayments and debts due the department—Time limit—
Write-offs and compromises.
43.20B.030
43.20B.030 Overpayments and debts due the department—Time limit—Write-offs and compromises. (1)
Except as otherwise provided by law, there will be no collection of overpayments and other debts due the department
after the expiration of six years from the date of notice of
such overpayment or other debt unless the department has
commenced recovery action in a court of law or unless an
administrative remedy authorized by statute is in place.
However, any amount due in a case thus extended shall cease
to be a debt due the department at the expiration of ten years
from the date of the notice of the overpayment or other debt
unless a court-ordered remedy would be in effect for a longer
period.
(2) The department, at any time, may accept offers of
compromise of disputed claims or may grant partial or total
write-off of any debt due the department if it is no longer
Department of Ecology
43.21B.005
cost-effective to pursue. The department shall adopt rules
establishing the considerations to be made in the granting or
denial of a partial or total write-off of debts. [2003 c 207 § 1;
1997 c 130 § 5; 1989 c 78 § 4; 1987 c 283 § 6; 1979 c 141 §
308; 1965 ex.s. c 91 § 2. Formerly RCW 74.04.306.]
negotiation of cost-reimbursement agreements with the permitting agency.
It is the further intent of the legislature that cost-reimbursement agreements
for complex projects free permitting agency resources to focus on the review
of small projects permits." [2000 c 251 § 1.]
Severability—Savings—1987 c 283: See notes following RCW
43.20A.020.
Effective date—2000 c 251: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 31, 2000]." [2000 c 251 § 9.]
Chapter 43.21A
Chapter 43.21A RCW
DEPARTMENT OF ECOLOGY
Sections
43.21A.690 Cost-reimbursement agreements.
43.21A.690
43.21A.690 Cost-reimbursement agreements. (1)
The department may enter into a written cost-reimbursement
agreement with a permit applicant to recover from the applicant the reasonable costs incurred by the department in carrying out the requirements of this chapter, as well as the
requirements of other relevant laws, as they relate to permit
coordination, environmental review, application review,
technical studies, and permit processing. The cost-reimbursement agreement shall identify the specific tasks, costs,
and schedule for work to be conducted under the agreement.
(2) The written cost-reimbursement agreement shall be
negotiated with the permit applicant. Under the provisions of
a cost-reimbursement agreement, funds from the applicant
shall be used by the department to contract with an independent consultant to carry out the work covered by the costreimbursement agreement. The department may also use
funds provided under a cost-reimbursement agreement to
assign current staff to review the work of the consultant, to
provide necessary technical assistance when an independent
consultant with comparable technical skills is unavailable,
and to recover reasonable and necessary direct and indirect
costs that arise from processing the permit. The department
shall, in developing the agreement, ensure that final decisions
that involve policy matters are made by the agency and not by
the consultant. The department shall make an estimate of the
number of permanent staff hours to process the permits, and
shall contract with consultants to replace the time and functions committed by these permanent staff to the project. The
billing process shall provide for accurate time and cost
accounting and may include a billing cycle that provides for
progress payments. Use of cost-reimbursement agreements
shall not reduce the current level of staff available to work on
permits not covered by cost-reimbursement agreements. The
department may not use any funds under a cost-reimbursement agreement to replace or supplant existing funding. The
restrictions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a
cost-reimbursement agreement.
(3) The department may not enter into any new costreimbursement agreements on or after July 1, 2007. The
department may continue to administer any cost-reimbursement agreement that was entered into before July 1, 2007,
until the project is completed. [2003 c 70 § 1; 2000 c 251 §
2.]
Intent—2000 c 251: "It is the intent of the legislature to allow applicants for environmental permits for complex projects to compensate permitting agencies for providing environmental review through the voluntary
Captions not law—2000 c 251: "Captions used in this act are not any
part of the law." [2000 c 251 § 8.]
Chapter 43.21B
Chapter 43.21B RCW
ENVIRONMENTAL HEARINGS OFFICE—
POLLUTION CONTROL HEARINGS BOARD
Sections
43.21B.005 Environmental hearings office created—Composition—
Administrative appeals judges—Contracts for services.
43.21B.110 Pollution control hearings board jurisdiction.
43.21B.005
43.21B.005 Environmental hearings office created—
Composition—Administrative appeals judges—Contracts for services. (1) There is created an environmental
hearings office of the state of Washington. The environmental hearings office shall consist of the pollution control hearings board created in RCW 43.21B.010, the forest practices
appeals board created in RCW 76.09.210, the shorelines
hearings board created in RCW 90.58.170, the environmental
and land use hearings board created in chapter 43.21L RCW,
and the hydraulic appeals board created in RCW 77.55.170.
The chair of the pollution control hearings board shall be the
chief executive officer of the environmental hearings office.
Membership, powers, functions, and duties of the pollution
control hearings board, the forest practices appeals board, the
shorelines hearings board, and the hydraulic appeals board
shall be as provided by law.
(2) The chief executive officer of the environmental
hearings office may appoint an administrative appeals judge
who shall possess the powers and duties conferred by the
administrative procedure act, chapter 34.05 RCW, in cases
before the boards comprising the office. The administrative
appeals judge shall have a demonstrated knowledge of environmental law, and shall be admitted to the practice of law in
the state of Washington. Additional administrative appeals
judges may also be appointed by the chief executive officer
on the same terms. Administrative appeals judges shall not
be subject to chapter 41.06 RCW.
(3) The administrative appeals judges appointed under
subsection (2) of this section are subject to discipline and termination, for cause, by the chief executive officer. Upon
written request by the person so disciplined or terminated, the
chief executive officer shall state the reasons for such action
in writing. The person affected has a right of review by the
superior court of Thurston county on petition for reinstatement or other remedy filed within thirty days of receipt of
such written reasons.
(4) The chief executive officer may appoint, discharge,
and fix the compensation of such administrative or clerical
staff as may be necessary.
(5) The chief executive officer may also contract for
required services. [2003 c 393 § 18; 2003 c 39 § 22; 1999 c
125 § 1; 1990 c 65 § 1; 1986 c 173 § 3; 1979 ex.s. c 47 § 2.]
[2003 RCW Supp—page 541]
43.21B.110
Title 43 RCW: State Government—Executive
Reviser's note: This section was amended by 2003 c 39 § 22 and by
2003 c 393 § 18, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Implementation—Effective date—2003 c 393: See RCW 43.21L.900
and 43.21L.901.
Intent—1979 ex.s. c 47: "It is the intent of the legislature to consolidate
administratively the pollution control hearings board, the forest practices
appeals board, and the shorelines hearings board into one agency of state
government with minimum disturbance to these boards. It is not the intent of
the legislature in consolidating these boards to change the existing membership of these boards.
All full-time employees of the pollution control hearings board and the
full-time employee of the forest practices appeals board shall be full-time
employees of the environmental hearings office without loss of rights. Property and obligations of these boards and the shorelines hearings board shall
be property and obligations of the environmental hearings office." [1979
ex.s. c 47 § 1.]
43.21B.110
43.21B.110 Pollution control hearings board jurisdiction. (1) The hearings board shall only have jurisdiction
to hear and decide appeals from the following decisions of
the department, the director, local conservation districts, and
the air pollution control boards or authorities as established
pursuant to chapter 70.94 RCW, or local health departments:
(a) Civil penalties imposed pursuant to RCW
18.104.155, 70.94.431, 70.105.080, 70.107.050, 88.46.090,
90.03.600, 90.48.144, 90.56.310, and 90.56.330.
(b) Orders issued pursuant to RCW 18.104.043,
18.104.060, 43.27A.190, 70.94.211, 70.94.332, 70.105.095,
86.16.020, 88.46.070, 90.14.130, 90.48.120, and 90.56.330.
(c) Except as provided in RCW 90.03.210(2), the issuance, modification, or termination of any permit, certificate,
or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination
of a waste disposal permit, the denial of an application for a
waste disposal permit, the modification of the conditions or
the terms of a waste disposal permit, or a decision to approve
or deny an application for a solid waste permit exemption
under RCW 70.95.300.
(d) Decisions of local health departments regarding the
grant or denial of solid waste permits pursuant to chapter
70.95 RCW.
(e) Decisions of local health departments regarding the
issuance and enforcement of permits to use or dispose of biosolids under RCW 70.95J.080.
(f) Decisions of the department regarding waste-derived
fertilizer or micronutrient fertilizer under RCW 15.54.820,
and decisions of the department regarding waste-derived soil
amendments under RCW 70.95.205.
(g) Decisions of local conservation districts related to the
denial of approval or denial of certification of a dairy nutrient
management plan; conditions contained in a plan; application
of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and failure to
adhere to the plan review and approval timelines in RCW
90.64.026.
(h) Any other decision by the department or an air
authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.
(2) The following hearings shall not be conducted by the
hearings board:
(a) Hearings required by law to be conducted by the
shorelines hearings board pursuant to chapter 90.58 RCW.
[2003 RCW Supp—page 542]
(b) Hearings conducted by the department pursuant to
RCW 70.94.332, 70.94.390, 70.94.395, 70.94.400,
70.94.405, 70.94.410, and 90.44.180.
(c) Proceedings conducted by the department, or the
department's designee, under RCW 90.03.160 through
90.03.210 or 90.44.220.
(d) Hearings conducted by the department to adopt,
modify, or repeal rules.
(e) Appeals of decisions by the department as provided
in chapter 43.21L RCW.
(3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the
provisions of the Administrative Procedure Act, chapter
34.05 RCW. [2003 c 393 § 19; 2001 c 220 § 2. Prior: 1998
c 262 § 18; 1998 c 156 § 8; 1998 c 36 § 22; 1993 c 387 § 22;
prior: 1992 c 174 § 13; 1992 c 73 § 1; 1989 c 175 § 102; 1987
c 109 § 10; 1970 ex.s. c 62 § 41.]
Implementation—Effective date—2003 c 393: See RCW 43.21L.900
and 43.21L.901.
Intent—2001 c 220: "The legislature intends to assure that appeals of
department of ecology decisions regarding changes or transfers of water
rights that are the subject of an ongoing general adjudication of water rights
are governed by an appeals process that is efficient and eliminates unnecessary duplication, while fully preserving the rights of all affected parties. The
legislature intends to address only the judicial review process for certain
decisions of the pollution control hearings board when a general adjudication
is being actively litigated. The legislature intends to fully preserve the role
of the pollution control hearings board, except as specifically provided in
this act." [2001 c 220 § 1.]
Construction—2001 c 220: "Nothing in this act shall be construed to
affect or modify any treaty or other federal rights of an Indian tribe, or the
rights of any federal agency or other person or entity arising under federal
law. Nothing in this act is intended or shall be construed as affecting or modifying any existing right of a federally recognized Indian tribe to protect from
impairment its federally reserved water rights in federal court." [2001 c 220
§ 6.]
Effective date—2001 c 220: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 9, 2001]." [2001 c 220 § 7.]
Effective date—1998 c 262: See RCW 90.64.900.
Intent—1998 c 36: See RCW 15.54.265.
Short title—1998 c 36: See note following RCW 15.54.265.
Effective date—1993 c 387: See RCW 18.104.930.
Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and
90.56.905.
Effective date—1989 c 175: See note following RCW 34.05.010.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Order for compliance with oil spill contingency or prevention plan not subject to review by pollution control hearings board: RCW 90.56.270.
Chapter 43.21C
Chapter 43.21C RCW
STATE ENVIRONMENTAL POLICY
Sections
43.21C.0382 Application of RCW 43.21C.030(2)(c) to watershed restoration projects—Fish habitat enhancement projects.
43.21C.229 Infill development—Categorical exemptions from chapter.
43.21C.240 Project review under the growth management act.
43.21C.260 Certain actions not subject to RCW 43.21C.030(2)(c)—
Threshold determination on a watershed analysis.
43.21C.0382
43.21C.0382 Application of RCW 43.21C.030(2)(c) to
watershed restoration projects—Fish habitat enhancement projects. Decisions pertaining to watershed restora-
State Environmental Policy
tion projects as defined in RCW 89.08.460 are not subject to
the requirements of RCW 43.21C.030(2)(c). Decisions pertaining to fish habitat enhancement projects meeting the criteria of RCW 77.55.290(1) and being reviewed and approved
according to the provisions of RCW 77.55.290 are not subject to the requirements of RCW 43.21C.030(2)(c). [2003 c
39 § 23; 1998 c 249 § 12; 1995 c 378 § 12.]
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.290.
43.21C.229
43.21C.229 Infill development—Categorical exemptions from chapter. (1) In order to accommodate infill
development and thereby realize the goals and policies of
comprehensive plans adopted according to chapter 36.70A
RCW, a city or county planning under RCW 36.70A.040 is
authorized by this section to establish categorical exemptions
from the requirements of this chapter. An exemption adopted
under this section applies even if it differs from the categorical exemptions adopted by rule of the department under
RCW 43.21C.110(1)(a). An exemption may be adopted by a
city or county under this section if it meets the following criteria:
(a) It categorically exempts government action related to
development that is new residential or mixed-use development proposed to fill in an urban growth area designated
according to RCW 36.70A.110, where current density and
intensity of use in the area is lower than called for in the goals
and policies of the applicable comprehensive plan;
(b) It does not exempt government action related to
development that would exceed the density or intensity of use
called for in the goals and policies of the applicable comprehensive plan; and
(c) The city or county's applicable comprehensive plan
was previously subjected to environmental analysis through
an environmental impact statement under the requirements of
this chapter prior to adoption.
(2) Any categorical exemption adopted by a city or
county under this section shall be subject to the rules of the
department adopted according to RCW 43.21C.110(1)(a) that
provide exceptions to the use of categorical exemptions
adopted by the department. [2003 c 298 § 1.]
Severability—2003 c 298: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2003 c 298 § 3.]
43.21C.240
43.21C.240 Project review under the growth management act. (1) If the requirements of subsection (2) of this
section are satisfied, a county, city, or town reviewing a
project action shall determine that the requirements for environmental analysis, protection, and mitigation measures in
the county, city, or town's development regulations and comprehensive plans adopted under chapter 36.70A RCW, and in
other applicable local, state, or federal laws and rules provide
adequate analysis of and mitigation for the specific adverse
environmental impacts of the project action to which the
requirements apply. Rules adopted by the department
according to RCW 43.21C.110 regarding project specific
impacts that may not have been adequately addressed apply
to any determination made under this section. In these situations, in which all adverse environmental impacts will be mit-
43.21C.240
igated below the level of significance as a result of mitigation
measures included by changing, clarifying, or conditioning of
the proposed action and/or regulatory requirements of development regulations adopted under chapter 36.70A RCW or
other local, state, or federal laws, a determination of nonsignificance or a mitigated determination of nonsignificance is
the proper threshold determination.
(2) A county, city, or town shall make the determination
provided for in subsection (1) of this section if:
(a) In the course of project review, including any
required environmental analysis, the local government considers the specific probable adverse environmental impacts of
the proposed action and determines that these specific
impacts are adequately addressed by the development regulations or other applicable requirements of the comprehensive
plan, subarea plan element of the comprehensive plan, or
other local, state, or federal rules or laws; and
(b) The local government bases or conditions its
approval on compliance with these requirements or mitigation measures.
(3) If a county, city, or town's comprehensive plans, subarea plans, and development regulations adequately address a
project's probable specific adverse environmental impacts, as
determined under subsections (1) and (2) of this section, the
county, city, or town shall not impose additional mitigation
under this chapter during project review. Project review shall
be integrated with environmental analysis under this chapter.
(4) A comprehensive plan, subarea plan, or development
regulation shall be considered to adequately address an
impact if the county, city, or town, through the planning and
environmental review process under chapter 36.70A RCW
and this chapter, has identified the specific adverse environmental impacts and:
(a) The impacts have been avoided or otherwise mitigated; or
(b) The legislative body of the county, city, or town has
designated as acceptable certain levels of service, land use
designations, development standards, or other land use planning required or allowed by chapter 36.70A RCW.
(5) In deciding whether a specific adverse environmental
impact has been addressed by an existing rule or law of
another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the
county, city, or town shall consult orally or in writing with
that agency and may expressly defer to that agency. In making this deferral, the county, city, or town shall base or condition its project approval on compliance with these other existing rules or laws.
(6) Nothing in this section limits the authority of an
agency in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements
under other laws, as provided by this chapter.
(7) This section shall apply only to a county, city, or
town planning under RCW 36.70A.040. [2003 c 298 § 2;
1995 c 347 § 202.]
Severability—2003 c 298: See note following RCW 43.21C.229.
Findings—Intent—1995 c 347 § 202: "(1) The legislature finds in
adopting RCW 43.21C.240 that:
(a) Comprehensive plans and development regulations adopted by
counties, cities, and towns under chapter 36.70A RCW and environmental
laws and rules adopted by the state and federal government have addressed a
wide range of environmental subjects and impacts. These plans, regulations,
[2003 RCW Supp—page 543]
43.21C.260
Title 43 RCW: State Government—Executive
rules, and laws often provide environmental analysis and mitigation measures for project actions without the need for an environmental impact statement or further project mitigation.
(b) Existing plans, regulations, rules, or laws provide environmental
analysis and measures that avoid or otherwise mitigate the probable specific
adverse environmental impacts of proposed projects should be integrated
with, and should not be duplicated by, environmental review under chapter
43.21C RCW.
(c) Proposed projects should continue to receive environmental review,
which should be conducted in a manner that is integrated with and does not
duplicate other requirements. Project-level environmental review should be
used to: (i) Review and document consistency with comprehensive plans
and development regulations; (ii) provide prompt and coordinated review by
government agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that
have not been considered and addressed at the plan or development regulation level; and (iii) ensure accountability by local government to applicants
and the public for requiring and implementing mitigation measures.
(d) When a project permit application is filed, an agency should analyze the proposal's environmental impacts, as required by applicable regulations and the environmental review process required by this chapter, in one
project review process. The project review process should include land use,
environmental, public, and governmental review, as provided by the applicable regulations and the rules adopted under this chapter, so that documents
prepared under different requirements can be reviewed together by the public
and other agencies. This project review will provide an agency with the
information necessary to make a decision on the proposed project.
(e) Through this project review process: (i) If the applicable regulations require studies that adequately analyze all of the project's specific probable adverse environmental impacts, additional studies under this chapter
will not be necessary on those impacts; (ii) if the applicable regulations
require measures that adequately address such environmental impacts, additional measures would likewise not be required under this chapter; and (iii)
if the applicable regulations do not adequately analyze or address a proposal's specific probable adverse environmental impacts, this chapter provides the authority and procedures for additional review.
(2) The legislature intends that a primary role of environmental review
under chapter 43.21C RCW is to focus on the gaps and overlaps that may
exist in applicable laws and requirements related to a proposed action. The
review of project actions conducted by counties, cities, and towns planning
under RCW 36.70A.040 should integrate environmental review with project
review. Chapter 43.21C RCW should not be used as a substitute for other
land use planning and environmental requirements." [1995 c 347 § 201.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
43.21C.260
43.21C.260 Certain actions not subject to RCW
43.21C.030(2)(c)—Threshold determination on a watershed analysis. (1) Decisions pertaining to the following
kinds of actions under chapter 4, Laws of 1999 sp. sess. are
not subject to any procedural requirements implementing
RCW 43.21C.030(2)(c): (a) Approval of forest road maintenance and abandonment plans under chapter 76.09 RCW and
RCW 77.55.100; (b) approval by the department of natural
resources of future timber harvest schedules involving eastside clear cuts under rules implementing chapter 76.09 RCW;
(c) acquisitions of forest lands in stream channel migration
zones under RCW 76.09.040; and (d) acquisitions of conservation easements pertaining to forest lands in riparian zones
under RCW 76.13.120.
(2) For purposes of the department's threshold determination on a watershed analysis, the department shall not make
a determination of significance unless the prescriptions themselves, compared to rules or prescriptions in place prior to the
analysis, will cause probable significant adverse impact on
elements of the environment other than those addressed in the
watershed analysis process. Nothing in this subsection shall
be construed to effect the outcome of pending litigation
regarding the department's authority in making a threshold
[2003 RCW Supp—page 544]
determination on a watershed analysis. [2003 c 39 § 24; 1999
sp.s. c 4 § 1201.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
Chapter 43.21K
Chapter 43.21K RCW
ENVIRONMENTAL EXCELLENCE
PROGRAM AGREEMENTS
Sections
43.21K.010 Definitions.
43.21K.010
43.21K.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "State, regional, or local agency" means an agency,
board, department, authority, or commission that administers
environmental laws.
(2) "Coordinating agency" means the state, regional, or
local agency with the primary regulatory responsibility for
the proposed environmental excellence program agreement.
If multiple agencies have jurisdiction to administer state
environmental laws affected by an environmental excellence
agreement, the department of ecology shall designate or act
as the coordinating agency.
(3) "Director" means the individual or body of individuals in whom the ultimate legal authority of an agency is
vested by any provision of law. If the agency head is a body
of individuals, a majority of those individuals constitutes the
director.
(4) "Environmental laws" means chapters 43.21A,
70.94, 70.95, 70.105, 70.119A, 77.55, 90.48, 90.52, 90.58,
90.64, and 90.71 RCW, and RCW 90.54.020(3)(b) and rules
adopted under those chapters and section. The term environmental laws as used in this chapter does not include any provision of the Revised Code of Washington, or of any municipal ordinance or enactment, that regulates the selection of a
location for a new facility.
(5) "Facility" means a site or activity that is regulated
under any of the provisions of the environmental laws.
(6) "Legal requirement" includes any provision of an
environmental law, rule, order, or permit.
(7) "Sponsor" means the owner or operator of a facility,
including a municipal corporation, subject to regulation
under the environmental laws of the state of Washington, or
an authorized representative of the owner or operator, that
submits a proposal for an environmental excellence program
agreement.
(8) "Stakeholder" means a person who has a direct interest in the proposed environmental excellence program agreement or who represents a public interest in the proposed environmental excellence program agreement. Stakeholders may
include communities near the project, local or state governments, permittees, businesses, environmental and other public interest groups, employees or employee representatives,
or other persons. [2003 c 39 § 25; 1997 c 381 § 2.]
Chapter 43.21L RCW
ECONOMIC DEVELOPMENT PROJECTS—
APPEALS AND REVIEWS OF PERMIT DECISIONS
Chapter 43.21L
Sections
Economic Development Projects—Appeals and Reviews of Permit Decisions
43.21L.005
43.21L.010
43.21L.020
43.21L.030
43.21L.040
43.21L.050
43.21L.060
43.21L.070
43.21L.080
43.21L.090
43.21L.100
43.21L.110
43.21L.120
43.21L.130
43.21L.140
43.21L.900
43.21L.901
Purpose.
Definitions.
Exclusive review process—Exception—Procedural rules.
Designation as qualifying project—Request for determination—Duties of office of permit assistance.
Environmental and land use hearings board.
Review proceedings—Commencement—Rules for filing and
service.
Standing.
Petition requirements.
Affidavit certifying applications for permits—Initial hearing
on jurisdictional and preliminary matters.
Expedited review of petitions.
Stay or suspension of board action.
Decision record—Certified copy to board—Costs.
Board review of permit decisions—Correction of errors and
omissions—Pretrial discovery—Requests for records under
chapter 42.17 RCW.
Standards for granting relief—Action by board.
Judicial review.
Implementation—2003 c 393.
Effective date—2003 c 393.
43.21L.005
43.21L.005 Purpose. The purpose of this chapter is to
reform the process of appeal and review of final permit decisions made by state agencies and local governments for qualifying economic development projects, by establishing uniform, expedited, and coordinated appeal procedures and uniform criteria for reviewing such decisions, in order to provide
consistent, predictable, and timely review. The appeal process authorized in this chapter is intended to be the exclusive
process for review of final decisions made by state agencies
and local governments on permit applications for qualifying
economic development projects, superseding other existing
administrative board and judicial appeal procedures. [2003 c
393 § 1.]
43.21L.010
43.21L.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Board" means the environmental and land use hearings board established in this chapter.
(2) "Final decision" means the highest and last decision
available within the permit agency with respect to a permit
application to the agency, including but not limited to decisions resulting from internal appeals available within the
agency for the permit decision.
(3) "Participating permit agency" means any permit
agency in which the applicant for a qualifying project has
filed an application for an environmental or land use permit
that is required for the qualifying project.
(4) "Permit" means any license, permit, certificate, certification, approval, compliance schedule, or other similar document pertaining to any regulatory or management program
related to the protection, conservation, use of, or interference
with the land, air, or water in the state. This document must
be required to be obtained from a state agency or local government, including but not limited to counties, cities, and air
agencies, prior to constructing or operating a qualifying
project. Local government permits include, but are not limited to, subdivisions, binding site plans, planned unit developments, shoreline permits or other approvals under RCW
90.58.140, master plan approvals, site plan approvals, permits or approvals required by critical area ordinances, conditional use permits, variances, and site-specific rezones authorized by a comprehensive plan or subarea plan or other equivalent documents however titled or denominated. Local
43.21L.030
government permits excluded under this definition include
the adoption or amendment of a comprehensive plan, subarea
plan, legislative actions on development regulations, certifications by local health districts of water and sewer availability, and building, grading, flood hazard, utility connection,
and other nondiscretionary construction permits.
(5) "Permit agency" means any state agency or local
government, including but not limited to air agencies, authorized by law to issue permits.
(6) "Qualifying project" means an economic development project that is (a) located within a county that in its
entirety qualifies as a distressed area as defined in RCW
43.168.020(3) and a rural natural resources impact area as
defined in RCW 43.160.020, (b) designed to provide at least
thirty full-time year-round jobs, and (c) designated as a qualifying project by the office of permit assistance established
under chapter 43.42 RCW if a request for a determination of
such designation is made to the office by the project applicant
as provided under this chapter. [2003 c 393 § 2.]
43.21L.020
43.21L.020 Exclusive review process—Exception—
Procedural rules. The appeal process authorized in this
chapter shall, notwithstanding any other provisions of this
code, be the exclusive process for review of the decisions
made by participating permit agencies on permit applications
for a qualifying project. This chapter shall not apply to applications for certification by the energy facility site evaluation
council pursuant to chapter 80.50 RCW. The superior court
civil rules and the rules of appellate procedure shall govern
procedural matters for the judicial appeal process under this
chapter to the extent that the rules are consistent with this
chapter. [2003 c 393 § 3.]
43.21L.030
43.21L.030 Designation as qualifying project—
Request for determination—Duties of office of permit
assistance. (1) Any applicant for a project that meets the criteria set forth in RCW 43.21L.010(6) (a) and (b) may use the
process of appeal and review of this chapter by filing with the
office of permit assistance a request for a determination of
designation as a qualifying project as required in RCW
43.21L.010(6)(c). Such request shall be filed with the office
no later than thirty days after the filing with a permit agency
of the first application for a permit relating to the subject
project that is filed after May 20, 2003. No requests may be
filed with the office of permit assistance after December 31,
2010. The request shall include a list of permits that the
project applicant reasonably believes will be required for the
subject project.
(2) The office of permit assistance shall: (a) Respond to
such request within thirty days after the filing of the request;
and (b) if the office determines to designate the project as a
qualifying project under RCW 43.21L.010(6)(c), contemporaneously provide a copy of the designation response to all
permit agencies responsible for the project permits listed in
the request. The office of permit assistance shall provide
notice of any project designation to the code reviser for publication in the state register and to any persons that have filed
with the office of permit assistance a general request for such
notice. Nothing in this section creates an independent cause
of action or affects any existing cause of action.
[2003 RCW Supp—page 545]
43.21L.040
Title 43 RCW: State Government—Executive
(3) All final decisions of a permit agency notified under
subsection (2) of this section shall include the following sentence: Any appeal of this decision shall be in accordance
with the provisions of this chapter. [2003 c 393 § 4.]
43.21L.040
43.21L.040 Environmental and land use hearings
board. (1) An environmental and land use hearings board is
hereby established within the environmental hearings office
created under RCW 43.21B.005. The environmental and
land use hearings board shall be composed of six members,
as provided in RCW 90.58.170. The chairperson of the pollution control hearings board shall be the chairperson of the
environmental and land use hearings board. The members of
the environmental and land use hearings board shall receive
the compensation, travel, and subsistence expenses as provided in RCW 43.03.050 and 43.03.060.
(2) All proceedings before the board or any of its members shall be conducted in accordance with such rules of practice and procedure as the board may adopt. In all such proceedings, the board shall have all powers relating to the
administration of oaths, issuance of subpoenas, and taking of
depositions as set forth in RCW 34.05.446. The board shall
publish any such rules and arrange for the reasonable distribution thereof. Failure to adopt such rules shall not deprive
the board of jurisdiction nor relieve the board of the duty to
hear petitions for review filed under this chapter. [2003 c 393
§ 5.]
43.21L.050
43.21L.050 Review proceedings—Commencement—
Rules for filing and service. (1) Proceedings for review
under this chapter shall be commenced by filing a petition
with the environmental and land use hearings board. The
board may adopt by rule procedures for filing and service that
are consistent with this chapter.
(2) Such petition is barred, and the board may not grant
review, unless the petition is timely filed with the board and
timely served on the following persons who shall be parties to
the review of the petition:
(a) The participating permit agencies, which for purposes of the petition shall be (i) if a state agency, the director
thereof, and (ii) if a local government, the jurisdiction's corporate entity which shall be served as provided in RCW
4.28.080; and
(b) Each of the following persons if the person is not the
petitioner:
(i) Each person identified by name and address as applicant in the application to the participating permit agencies;
(ii) Each person identified in project application documents as an owner of the property at issue or, if none, each
person identified as a taxpayer for the property at issue in the
records of the county assessor.
(3) The petition is timely if it is filed and served on all
parties listed in subsection (2) of this section within twentyone days of the issuance by the permit agency of the permit
for the qualifying project.
(4) For the purposes of this section, the date on which a
permit decision is issued is:
(a) Three days after a written decision is mailed by the
permit agency to the project applicant or, if not mailed, the
date on which the permit agency provides notice that a written decision is publicly available; or
[2003 RCW Supp—page 546]
(b) If (a) of this subsection does not apply, the date the
decision is entered into the public record.
(5) Service on all parties shall be by personal service or
by mail. Service by mail is effective on the date of mailing.
Proof of service shall be by affidavit or declaration under
penalty of perjury. [2003 c 393 § 6.]
43.21L.060
43.21L.060 Standing. Standing to bring a petition
under this chapter is limited to the following persons:
(1) The applicant and the owner of the property to which
the permit decision is directed;
(2) Another person aggrieved or adversely affected by
the permit decision, or who would be aggrieved or adversely
affected by a reversal or modification of the permit decision.
A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions
are present:
(a) The permit decision has prejudiced or is likely to
prejudice that person;
(b) That person's asserted interests are among those that
the permit agency was required to consider when it made its
permit decision;
(c) A decision of the board in favor of that person would
substantially eliminate or redress the prejudice to that person
caused or likely to be caused by the permit decision; and
(d) The petitioner has exhausted his or her administrative
remedies to the extent required by law;
(3) A participating permit agency under this chapter.
[2003 c 393 § 7.]
43.21L.070
43.21L.070 Petition requirements. A petition must set
forth:
(1) The name and mailing address of the petitioner;
(2) The name and mailing address of the petitioner's
attorney, if any;
(3) The name and mailing address of the permit agency
whose permit is at issue, if any;
(4) A duplicate copy of the permit decision;
(5) Identification of each person to be made a party
under this chapter;
(6) Facts demonstrating that the petitioner has standing
to seek board review under this chapter;
(7) A separate and concise statement of each error
alleged to have been committed;
(8) A concise statement of facts upon which the petitioner relies to sustain the statement of error; and
(9) A request for relief, specifying the type and extent of
relief requested. [2003 c 393 § 8.]
43.21L.080
43.21L.080 Affidavit certifying applications for permits—Initial hearing on jurisdictional and preliminary
matters. (1) Within seven days after receipt of service of the
petition filed pursuant to RCW 43.21L.050, the project applicant shall file with the board and serve on all parties an affidavit certifying all applications for permits that the project
applicant has filed with participating permit agencies for the
qualifying project, provided, however, that no permit may be
included that has been issued and appealed to an administrative hearings board or to court prior to the date of service of
the petition filed with the board under this chapter. The board
Economic Development Projects—Appeals and Reviews of Permit Decisions
43.21L.120
43.21L.100
shall request verification from the participating agencies of
the permit applications certified in the project applicant's affidavit and of the expected date for final decision on the permit
applications. Filing of the affidavit shall toll the schedule for
hearing by the board until twenty-one days after issuance of
the final permit decision on the last permit required for the
qualifying project that has been certified in the project applicant's affidavit and verified by a participating agency as
applied for, unless the petition filed and served by the petitioner relates to the final permit decision.
(2) Within seven days after the expiration of the appeal
period for the final permit decision on the last permit required
for the qualifying project, the petitioner shall note an initial
hearing on jurisdictional and other preliminary matters, and,
if applicable, on other pretrial matters. This initial hearing
shall be set no sooner than thirty-five days and not later than
fifty days after the expiration of the appeal period for the final
permit decision on the last permit required for the qualifying
project.
(3) If petitions for review of more than one permit issued
by participating permit agencies for a qualifying project are
filed with the board, the board shall contemporaneously process all such petitions in accordance with the case schedule
requirements set forth in chapter 393, Laws of 2003.
(4) The parties shall note all motions on jurisdictional
and procedural issues for resolution at the initial hearing,
except that a motion to allow discovery may be brought
sooner.
(5) The defenses of lack of standing, untimely filing or
service of the petition, lack of good faith or improper purpose
in filing, and failure to join persons needed for just adjudication are waived if not raised by timely motion noted to be
heard at the initial hearing, unless the board allows discovery
on such issues.
(6) The petitioner shall move the board for an order at the
initial hearing that sets the date on which the permit decision
record or records of the applicable permit agency or agencies,
if any, must be submitted, sets a briefing schedule, sets a discovery schedule if discovery is to be allowed, and schedules
a hearing or hearings on the merits.
(7) The parties may waive the initial hearing by scheduling with the board a date for the hearing or hearings on the
merits and filing a stipulated order that resolves the jurisdictional and procedural issues raised by the petition, including
the issues identified in subsections (5) and (6) of this section.
(8) A party need not file an answer to a petition for
review filed pursuant to RCW 43.21L.050. [2003 c 393 § 9.]
43.21L.100 Stay or suspension of board action. (1) A
petitioner or other party may request the board to stay or suspend an action by a participating permit agency or another
party to implement the decision under review. The request
must set forth a statement of grounds for the stay and the factual basis for the request.
(2) The board may grant a stay only if the board finds
that: (a) The party requesting the stay is likely to prevail on
the merits, (b) without the stay the party requesting it will suffer irreparable harm, (c) the grant of a stay will not substantially harm other parties to the proceedings, and (d) the
request for the stay is timely in light of the circumstances of
the case.
(3) The board may grant the request for a stay upon such
terms and conditions, including the filing of security, as are
necessary to prevent harm to other parties by the stay. [2003
c 393 § 11.]
43.21L.110
43.21L.110 Decision record—Certified copy to
board—Costs. (1) Within forty-five days after entry of an
order to submit the decision record, where applicable, or
within such a further time as the board allows or as the parties
agree, each participating agency shall submit to the board a
certified copy of the decision record for board review of the
permit decision, except that the petitioner shall prepare at the
petitioner's expense and submit a verbatim transcript of any
hearings held on the matter.
(2) If the parties agree, or upon order of the board, the
record shall be shortened or summarized to avoid reproduction and transcription of portions of the record that are duplicative or not relevant to the issues to be reviewed by the
board.
(3) The petitioner shall pay the participating agency the
cost of preparing the record before the participating agency
submits the decision record to the board. Failure by the petitioner to timely pay the participating agency relieves the participating agency of responsibility to submit the record and is
grounds for dismissal of the petition.
(4) If the relief sought by the petitioner is granted in
whole or in part the board shall equitably assess the cost of
preparing the record among the parties. In assessing costs the
board shall take into account the extent to which each party
prevailed and the reasonableness of the parties' conduct in
agreeing or not agreeing to shorten or summarize the record
under subsection (2) of this section. [2003 c 393 § 12.]
43.21L.120
43.21L.090
43.21L.090 Expedited review of petitions. The board
shall provide expedited review of petitions filed under this
chapter. Any matter reviewed on the decision record as provided in RCW 43.21L.120(1) must be set for hearing within
sixty days of the date set for submitting the decision record of
all participating permit agencies, absent a showing of good
cause for a different date or a stipulation of the parties. Any
matter reviewed de novo as provided in RCW 43.21L.120(3)
must be set for hearing or trial no later than one hundred
twenty days after the initial hearing date. The board shall
issue a final decision and order within thirty days after the
final hearing required in this section. [2003 c 393 § 10.]
43.21L.120 Board review of permit decisions—Correction of errors and omissions—Pretrial discovery—
Requests for records under chapter 42.17 RCW. (1) For
all permit decisions being reviewed that were made by quasijudicial bodies or permit agency officers who made factual
determinations in support of the decisions, after the conduct
of proceedings in which the parties had an opportunity consistent with due process to make records on the factual issues,
board review of factual issues and the conclusions drawn
from the factual issues shall be confined to the records created by the quasi-judicial bodies or permit agency officers,
except as provided in subsections (2) through (4) of this section.
[2003 RCW Supp—page 547]
43.21L.130
Title 43 RCW: State Government—Executive
(2) For decisions described in subsection (1) of this section, the records may be supplemented by additional evidence
only if the additional evidence relates to:
(a) Grounds for disqualification of a member of the body
or of the officer that made the permit decision, when such
grounds were unknown by the petitioner at the time the
record was created;
(b) Matters that were improperly excluded from the
record after being offered by a party to a permit decision proceeding; or
(c) Matters that were outside the jurisdiction of the body
or officer that made the permit decision.
(3) For permit decisions other than those described in
subsection (1) of this section, the board review of the permit
decision shall be de novo on issues presented as error in the
petition.
(4) The board may require or permit corrections of ministerial errors or inadvertent omissions in the preparation of
the record.
(5)(a) The parties may not conduct pretrial discovery
except with the prior permission of the board, which may be
sought by motion, subject to any applicable rules adopted by
the board, at any time after service of the petition. The board
shall not grant permission unless the party requesting it
makes a prima facie showing of need. The board shall strictly
limit discovery to what is necessary for equitable and timely
review of the issues.
(b) If the board allows the record to be supplemented, or
in any de novo proceeding under subsection (3) of this section, the board shall require the parties to disclose before the
hearing or trial on the merits the identity of witnesses and the
specific evidence they intend to offer.
(c) If any party, or anyone acting on behalf of any party,
requests records under chapter 42.17 RCW relating to the
matters at issue, a copy of the request shall simultaneously be
given to all other parties, and the board shall take such
request into account in fashioning an equitable discovery
order under this section. [2003 c 393 § 13.]
43.21L.130
43.21L.130 Standards for granting relief—Action by
board. (1) The board shall review the decision record and all
such evidence as is permitted to supplement the record for
review restricted to the decision record or is required for de
novo review under RCW 43.21L.120. The board may grant
relief only if the party seeking relief has carried the burden of
establishing that one of the standards set forth in (a) through
(f) of this subsection has been met. The standards are:
(a) The body or officer that made the permit decision
engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless;
(b) The permit decision is an erroneous interpretation of
the law, after allowing for such deference as is due the construction of a law by an agency with expertise;
(c) The permit decision is not supported by evidence that
is substantial when viewed in light of the whole record before
the board;
(d) The permit decision is a clearly erroneous application
of the law to the facts;
(e) The permit decision is outside the authority or jurisdiction of the body or officer making the decision; or
[2003 RCW Supp—page 548]
(f) The permit decision violates the constitutional rights
of the party seeking relief.
(2) The board may affirm or reverse each and every permit decision under review or remand the decision for modification or further proceedings involving the permit agencies.
[2003 c 393 § 14.]
43.21L.140
43.21L.140 Judicial review. (1) In order to obtain judicial review of a final decision of the environmental and land
use hearings board, a party to the board case as consolidated
shall timely file a petition for judicial review in the superior
court for Thurston county and timely serve the board and all
parties to the proceedings before the board by personal service or by mail. Such petition is timely filed and served only
if it is filed and served on all parties within thirty days after
the filing of the final decision and order of the board. Service
by mail shall be deemed effective on the date of deposit with
the United States postal service. Any party may apply for
direct review by the court of appeals. An application for
direct review must be filed with the superior court within ten
days after the filing of the petition for judicial review. In considering an application for direct review under this chapter, it
shall be presumed that: (a) The qualifying project presents
fundamental and urgent issues affecting the public interest
which require a prompt determination, and (b) delay in
obtaining a final and prompt determination of such issues
would be detrimental to a party and the public interest.
(2) The presumption set forth in subsection (1) of this
section shall require that the superior court certify the direct
review not less than ten days, and not more than fifteen days,
after the filing of the application therefore, unless, upon
motion of a party with supporting excerpts from the record
within ten days after the filing of such application, the superior court finds that: (a) The project is not a qualifying
project, or (b) the project will not in fact provide new
employment within the county in which the project is located.
The court may make such findings upon a showing that said
record contains clear, cogent, and convincing evidence to
support such findings, which evidence has been testified to
by at least one witness competent to testify on employment
matters.
(3) A motion as set forth in subsection (2) of this section
shall be heard within fourteen days after the filing of the
motion and shall be confined to certified excerpts from the
record, which any party may produce. It shall not be necessary to certify the entire record to the court for the purpose of
hearing such motion.
(4) The court of appeals shall accept direct review of a
case unless it finds that the superior court's certification under
the standards contained in this section was clearly erroneous.
Review by the court of appeals shall be restricted to the decision record of the permit agency and the board proceedings.
All certified appeals shall be provided priority processing by
the court of appeals. [2003 c 393 § 15.]
43.21L.900
43.21L.900 Implementation—2003 c 393. The legislature does not intend to appropriate additional funds for the
implementation of this act and expects all affected state agencies to implement this act's provisions within existing appropriations. [2003 c 393 § 24.]
Department of Labor and Industries
43.22.434
43.21L.901
43.21L.901 Effective date—2003 c 393. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[May 20, 2003]. [2003 c 393 § 25.]
Chapter 43.22 RCW
DEPARTMENT OF LABOR AND INDUSTRIES
Chapter 43.22
Sections
43.22.300
43.22.340
43.22.345
43.22.434
Compelling attendance of witnesses and testimony—Penalty.
(Effective July 1, 2004.)
Manufactured homes, mobile homes, recreational vehicles—
Safety rules—Compliance—Penalty. (Effective July 1,
2004.)
Repealed. (Effective July 1, 2004.)
Inspections and investigations necessary to adopt or enforce
rules—Director's duties—Fees.
43.22.300
43.22.300 Compelling attendance of witnesses and
testimony—Penalty. (Effective July 1, 2004.) (1) The
director may issue subpoenas, administer oaths and take testimony in all matters relating to the duties herein required,
such testimony to be taken in some suitable place in the vicinity to which testimony is applicable.
(2) Witnesses subpoenaed and testifying before any
officer of the department shall be paid the same fees as witnesses before a superior court, such payment to be made from
the funds of the department.
(3) Any person duly subpoenaed under the provisions of
this section who willfully neglects or refuses to attend or testify at the time and place named in the subpoena, is guilty of
a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more
than one hundred dollars, or by imprisonment in the county
jail not exceeding thirty days. [2003 c 53 § 227; 1965 c 8 §
43.22.300. Prior: 1901 c 74 § 4; RRS § 7589.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
43.22.340
43.22.340 Manufactured homes, mobile homes, recreational vehicles—Safety rules—Compliance—Penalty.
(Effective July 1, 2004.) (1) The director shall adopt specific
rules for conversion vending units and medical units. The
rules for conversion vending units and medical units shall be
established to protect the occupants from fire; to address
other life safety issues; and to ensure that the design and construction are capable of supporting any concentrated load of
five hundred pounds or more.
(2) The director of labor and industries shall adopt rules
governing safety of body and frame design, and the installation of plumbing, heating, and electrical equipment in mobile
homes, commercial coaches, recreational vehicles, and/or
park trailers: PROVIDED, That the director shall not prescribe or enforce rules governing the body and frame design
of recreational vehicles and park trailers until after the American National Standards Institute shall have published standards and specifications upon this subject. The rules shall be
reasonably consistent with recognized and accepted principles of safety for body and frame design and plumbing, heating, and electrical installations, in order to protect the health
and safety of the people of this state from dangers inherent in
the use of substandard and unsafe body and frame design,
construction, plumbing, heating, electrical, and other equipment and shall correlate with and, so far as practicable, conform to the then current standards and specifications of the
American National Standards Institute standards A119.1 for
mobile homes and commercial coaches, A119.2 for recreational vehicles, and A119.5 for park trailers.
(3) Except as provided in RCW 43.22.436, it shall be
unlawful for any person to lease, sell or offer for sale, within
this state, any mobile homes, commercial coaches, conversion vending units, medical units, recreational vehicles,
and/or park trailers manufactured after January 1, 1968, containing plumbing, heating, electrical, or other equipment, and
after July 1, 1970, body and frame design or construction,
unless such equipment, design, or construction meets the
requirements of the rules provided for in this section.
(4) Any person violating this section is guilty of a misdemeanor. Each day upon which a violation occurs shall constitute a separate violation. [2003 c 53 § 228; 2002 c 268 § 6;
1999 c 22 § 2; 1995 c 280 § 2; 1970 ex.s. c 27 § 1; 1969 ex.s.
c 229 § 1; 1967 c 157 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Purpose—Finding—Effective dates—2002 c 268: See notes following RCW 43.22.434.
43.22.345
43.22.345 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
43.22.434
43.22.434 Inspections and investigations necessary to
adopt or enforce rules—Director's duties—Fees. (1) The
director or the director's authorized representative may conduct such inspections, investigations, and audits as may be
necessary to adopt or enforce manufactured and mobile
home, commercial coach, conversion vending units, medical
units, recreational vehicle, park trailer, factory built housing,
and factory built commercial structure rules adopted under
the authority of this chapter or to carry out the director's
duties under this chapter.
(2) For purposes of enforcement of this chapter, persons
duly designated by the director upon presenting appropriate
credentials to the owner, operator, or agent in charge may:
(a) At reasonable times and without advance notice enter
any factory, warehouse, or establishment in which manufactured and mobile homes, commercial coaches, conversion
vending units, medical units, recreational vehicles, park trailers, factory built housing, and factory built commercial structures are manufactured, stored, or held for sale;
(b) At reasonable times, within reasonable limits, and in
a reasonable manner inspect any factory, warehouse, or
establishment as required to comply with the standards
adopted by the secretary of housing and urban development
under the national manufactured home construction and
safety standards act of 1974. Each inspection shall be commenced and completed with reasonable promptness; and
(c) As requested by an owner of a conversion vending
unit or medical unit, inspect an alteration.
(3) For purposes of determining compliance with this
chapter's permitting requirements for alterations of mobile
and manufactured homes, the department may audit the
records of a contractor as defined in chapter 18.27 RCW or
[2003 RCW Supp—page 549]
Chapter 43.30
Title 43 RCW: State Government—Executive
RCW 18.106.020(1) or an electrical contractor as defined in
RCW 19.28.006 when the department has reason to believe
that a violation of the permitting requirements has occurred.
The department shall adopt rules implementing the auditing
procedures. Information obtained from a contractor through
an audit authorized by this subsection is confidential and not
open to public inspection under chapter 42.17 RCW.
(4)(a) The department shall set a schedule of fees by rule
which will cover the costs incurred by the department in the
administration of RCW 43.22.335 through 43.22.490.
(b)(i) Until April 1, 2004, subject to (a) of this subsection, and for the purposes of implementing the pilot project
approved by the mobile/manufactured home alteration task
force, the department may adopt by rule a temporary statewide fee schedule that decreases fees for mobile/manufactured home alteration permits and increases fees for factorybuilt housing and commercial structures plan review and
inspection services. Under the temporary fee schedule, the
department may waive mobile/manufactured home alteration
permit fees for indigent permit applicants. The department
may increase fees for factory-built housing and commercial
structures plan review and inspection services in excess of
the fiscal growth factor under chapter 43.135 RCW, if the
increases are necessary to fund the cost of administering
RCW 43.22.335 through 43.22.490. In no instance shall any
fee that applies to the factory-built housing and commercial
plan review and inspection services be increased in excess of
forty percent.
(ii) Effective April 1, 2004, the department must adopt a
new fee schedule that is the same as the fee schedule that was
in effect immediately prior to the temporary fee schedule
authorized in (b)(i) of this subsection. However, the new fee
schedule must be adjusted by the fiscal growth factors not
applied during the period that the temporary fee schedule was
in effect. [2003 c 67 § 1. Prior: 2002 c 268 § 3; 2002 c 268
§ 2; 2001 c 335 § 5; 1999 c 22 § 10; 1995 c 280 § 5; 1977
ex.s. c 21 § 5.]
Purpose—Finding—2002 c 268: "The purpose of this act is to implement the recommendations of the joint legislative task force created by chapter 335, Laws of 2001. The legislature recognizes the need to improve communications among mobile/manufactured homeowners, regulatory agencies,
and other interested parties, to streamline the complex regulatory environment and inflexible enforcement system, and to promote problem-solving at
an early stage. To assist in achieving these goals, the legislature:
(1) Encourages the relevant agencies to conduct a pilot project that
tests an interagency coordinated system for processing permits for alterations or repairs of mobile and manufactured homes; and
(2) Recognizes the task force's work in reviewing agency rules related
to alteration permit requirements and supports the task force's recommendations to the agency regarding those rules. The legislature finds that assisting
consumers to understand when an alteration of a mobile or manufactured
home is subject to a permit, and when it is not, will improve compliance with
the agency rules and further the code's safety goals." [2002 c 268 § 1.]
Effective date—2002 c 268: "Sections 1, 2, and 4 through 9 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect immediately [March 29, 2002]." [2003 c 67 § 2; 2002 c 268
§ 10.]
Application—2001 c 335: See note following RCW 43.22.335.
Construction—1977 ex.s. c 21: See note following RCW 43.22.431.
Chapter 43.30 RCW
DEPARTMENT OF NATURAL RESOURCES
PART 1
GENERAL
43.30.040
43.30.050
43.30.055
43.30.060
43.30.095
PART 2
ORGANIZATION
43.30.105
43.30.115
43.30.125
43.30.130
43.30.135
43.30.138
43.30.141
43.30.145
43.30.150
43.30.155
43.30.160
43.30.170
43.30.180
[2003 RCW Supp—page 550]
Administrator of department.
Recodified as RCW 43.30.385.
Recodified as RCW 43.30.600.
Recodified as RCW 43.30.411.
Recodified as RCW 43.30.700.
Recodified as RCW 43.30.610.
Recodified as RCW 43.30.650.
Recodified as RCW 43.30.660.
Recodified as RCW 43.30.215.
Supervisor of natural resources—Appointment.
Recodified as RCW 43.30.421.
Recodified as RCW 43.30.430.
Recodified as RCW 43.30.440.
PART 3
BOARD OF NATURAL RESOURCES
43.30.205
43.30.210
43.30.215
43.30.225
43.30.235
43.30.250
43.30.260
43.30.265
43.30.270
43.30.280
43.30.290
43.30.300
Board of natural resources—Composition.
Recodified as RCW 43.30.510.
Powers and duties of board.
Board's duties—Meetings—Organization.
Records—Rules.
Recodified as RCW 43.30.520.
Recodified as RCW 43.30.530.
Recodified as RCW 79.17.210.
Recodified as RCW 43.30.055.
Recodified as RCW 43.30.305.
Recodified as RCW 43.30.315.
Recodified as RCW 79.10.140.
PART 4
FUNDS
43.30.305
43.30.310
43.30.315
43.30.325
43.30.340
43.30.345
43.30.350
43.30.355
43.30.385
43.30.390
43.30.400
43.30.410
Natural resources equipment fund—Authorized—Purposes—Expenditure.
Recodified as RCW 43.12.065.
Natural resources equipment fund—Reimbursement.
Deposit of money and fees—Natural resources deposit
fund—Repayments.
Federal funds for management and protection of forests, forest and range lands.
Federal funds for management and protection of forests, forest and range lands—Disbursement of funds.
Recodified as RCW 43.30.620.
Recodified as RCW 43.30.460.
Park land trust revolving fund.
Recodified as RCW 79.10.340.
Recodified as RCW 43.30.470.
Recodified as RCW 43.30.480.
PART 5
POWERS AND DUTIES—GENERAL
43.30.411
43.30.420
43.30.421
43.30.430
43.30.440
43.30.450
43.30.460
43.30.470
43.30.480
43.30.490
43.30.510
Chapter 43.30
Sections
Recodified as RCW 43.30.205.
Recodified as RCW 43.30.105.
Employees—Applicability of merit system.
Recodified as RCW 43.30.155.
Repealed.
43.30.520
43.30.530
Department to exercise powers and duties—Indemnification
of private parties.
Recodified as RCW 43.30.490.
Administrator.
Supervisor.
Oaths may be administered by supervisor and deputies.
Right of entry in course of duty by representatives of department.
Department to participate in and administer federal Safe
Drinking Water Act in conjunction with other departments.
Senior environmental corps.
Watershed restoration projects—Permit processing.
Cost-reimbursement agreements.
Administrator may designate substitute for member of board,
commission, etc.
Property transactions, restrictive conveyances, highway purpose—Existing law to continue.
Real property—Services and facilities available to other state
agencies, cost.
Department of Natural Resources
PART 6
DUTIES AND POWERS—MINING AND GEOLOGY
43.30.600
43.30.610
43.30.620
43.30.630
43.30.640
43.30.650
43.30.660
43.30.700
43.30.710
43.30.720
43.30.800
43.30.810
43.30.820
43.30.830
State geological survey.
Mining.
Department of natural resources to exercise mining and geology powers and duties of department of conservation.
Sealing of open holes and mine shafts.
Mine owners—Maps of property surface and underground
workings—Filing.
Gifts and bequests relating to mining.
Collection of minerals for exhibition.
Powers of department—Forested lands.
Sale or exchange of tree seedling stock and tree seed—Provision of stock or seed to local governments or nonprofit
organizations.
Use of proceeds specified.
Olympic natural resources center—Finding, intent.
Olympic natural resources center—Purpose, programs.
Olympic natural resources center—Administration.
Olympic natural resources center—Funding—Contracts.
43.30.205
43.30.130
43.30.130 Recodified as RCW 43.30.411. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.30.135
43.30.135 Recodified as RCW 43.30.700. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.30.138
43.30.138 Recodified as RCW 43.30.610. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.30.141
43.30.141 Recodified as RCW 43.30.650. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.30.145
PART 1
GENERAL
43.30.145 Recodified as RCW 43.30.660. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.30.150
43.30.040
43.30.040 Recodified as RCW 43.30.205. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.30.150 Recodified as RCW 43.30.215. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.30.155
43.30.050
43.30.050 Recodified as RCW 43.30.105. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.30.055
43.30.055 Employees—Applicability of merit system.
All employees of the department shall be governed by any
merit system which is now or may hereafter be enacted by
law governing such employment. [2003 c 334 § 119; 1965 c
8 § 43.30.270. Prior: 1957 c 38 § 27. Formerly RCW
43.30.270.]
43.30.155 Supervisor of natural resources—
Appointment. The supervisor shall be appointed by the
administrator with the advice and consent of the board. The
supervisor shall serve at the pleasure of the administrator.
[2003 c 334 § 105; 1965 c 8 § 43.30.060. Prior: 1957 c 38 §
6. Formerly RCW 43.30.060.]
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.160
43.30.160 Recodified as RCW 43.30.421. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.170
43.30.060
43.30.060 Recodified as RCW 43.30.155. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.30.170 Recodified as RCW 43.30.430. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.30.180
43.30.095 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
43.30.180 Recodified as RCW 43.30.440. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
PART 2
ORGANIZATION
PART 3
BOARD OF NATURAL RESOURCES
43.30.095
43.30.205
43.30.105
43.30.105 Administrator of department. The commissioner of public lands shall be the administrator of the
department. [1965 c 8 § 43.30.050. Prior: 1957 c 38 § 5.
Formerly RCW 43.30.050.]
43.30.115
43.30.115 Recodified as RCW 43.30.385. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.30.125
43.30.125 Recodified as RCW 43.30.600. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.30.205 Board of natural resources—Composition.
The board shall consist of six members: The governor or the
governor's designee, the superintendent of public instruction,
the commissioner of public lands, the dean of the college of
forest resources of the University of Washington, the dean of
the college of agriculture of Washington State University,
and a representative of those counties that contain state forest
lands acquired or transferred under RCW 79.22.010,
79.22.040, and 79.22.020.
The county representative shall be selected by the legislative authorities of those counties that contain state forest
lands acquired or transferred under RCW 79.22.010,
79.22.040, and 79.22.020. In the selection of the county rep[2003 RCW Supp—page 551]
43.30.210
Title 43 RCW: State Government—Executive
resentative, each participating county shall have one vote.
The Washington state association of counties shall conduct a
meeting for the purpose of making the selection and shall
notify the board of the selection. The county representative
shall be a duly elected member of a county legislative authority who shall serve a term of four years unless the representative should leave office for any reason. The initial term shall
begin on July 1, 1986. [2003 c 334 § 104; 1986 c 227 § 1;
1979 ex.s. c 57 § 9; 1965 c 8 § 43.30.040. Prior: 1957 c 38 §
4. Formerly RCW 43.30.040.]
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.210
43.30.210 Recodified as RCW 43.30.510. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
officio members of the board are elected. The board shall
select its own chair. The commissioner of public lands shall
be the secretary of the board. The board may select a vicechair from among its members. In the absence of the chair
and vice-chair at a meeting of the board, the members shall
elect a chair pro tem. No action shall be taken by the board
except by the agreement of at least four members. The
department and the board shall maintain its principal office at
the capital;
(5) Be entitled to reimbursement individually for travel
expenses incurred in the discharge of their official duties in
accordance with RCW 43.03.050 and 43.03.060. [2003 c 334
§ 113.]
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.235
43.30.215
43.30.215 Powers and duties of board. The board
shall:
(1) Perform duties relating to appraisal, appeal, approval,
and hearing functions as provided by law;
(2) Establish policies to ensure that the acquisition, management, and disposition of all lands and resources within the
department's jurisdiction are based on sound principles
designed to achieve the maximum effective development and
use of such lands and resources consistent with laws applicable thereto;
(3) Constitute the board of appraisers provided for in
Article 16, section 2 of the state Constitution;
(4) Constitute the commission on harbor lines provided
for in Article 15, section 1 of the state Constitution as
amended;
(5) Adopt and enforce rules as may be deemed necessary
and proper for carrying out the powers, duties, and functions
imposed upon it by this chapter. [2003 c 334 § 112; 1988 c
128 § 10; 1986 c 227 § 2; 1975-'76 2nd ex.s. c 34 § 107; 1965
c 8 § 43.30.150. Prior: 1957 c 38 § 15. Formerly RCW
43.30.150.]
Intent—2003 c 334: See note following RCW 79.02.010.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
43.30.235 Records—Rules. (1) The board shall keep
its records in the office of the commissioner, and shall keep a
full and complete record of its proceedings relating to the
appraisal of lands granted for educational purposes.
(2) Records for all forest lands acquired by the state and
any lands owned by the state and designated as such by the
department must be maintained by the department as provided in RCW 79.22.030.
(3) The board shall have the power, from time to time, to
make and enforce rules for carrying out the provisions of this
title relating to its duties not inconsistent with law. [2003 c
334 § 304; 1988 c 128 § 51; 1982 1st ex.s. c 21 § 149; 1927 c
255 § 13; RRS § 7797-13. Formerly RCW 79.01.052,
43.65.020.]
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
43.30.250
43.30.250 Recodified as RCW 43.30.520. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.30.260
43.30.260 Recodified as RCW 43.30.530. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.30.265
43.30.225
43.30.225 Board's duties—Meetings—Organization.
The board shall:
(1) Hold regular monthly meetings at such times as it
may determine, and such special meetings as may be called
by the chair or majority of the board membership upon written notice to all members. However, the board may dispense
with any regular meetings, except that the board shall not dispense with two consecutive regular meetings;
(2) Employ and fix the compensation of technical, clerical, and other personnel as deemed necessary for the performance of its duties;
(3) Appoint such advisory committees as deemed appropriate to advise and assist it to more effectively discharge its
responsibilities. The members of such committees shall
receive no compensation, but are entitled to reimbursement
for travel expenses in attending committee meetings in accordance with RCW 43.03.050 and 43.03.060;
(4) Meet and organize on the third Tuesday of each January following a state general election at which the elected ex
[2003 RCW Supp—page 552]
43.30.265 Recodified as RCW 79.17.210. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.30.270
43.30.270 Recodified as RCW 43.30.055. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.30.280
43.30.280 Recodified as RCW 43.30.305. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.30.290
43.30.290 Recodified as RCW 43.30.315. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.30.300
43.30.300 Recodified as RCW 79.10.140. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Department of Natural Resources
PART 4
FUNDS
43.30.305
43.30.305 Natural resources equipment fund—
Authorized—Purposes—Expenditure. A revolving fund
in the custody of the state treasurer, to be known as the natural resources equipment fund, is hereby created to be
expended by the department without appropriation solely for
the purchase of equipment, machinery, and supplies for the
use of the department and for the payment of the costs of
repair and maintenance of such equipment, machinery, and
supplies. [2003 c 334 § 120; 1965 c 8 § 43.30.280. Prior:
1963 c 141 § 1. Formerly RCW 43.30.280.]
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.385
(d) If it is required by law that the department repay
moneys disbursed under (a) and (b) of this subsection the
state treasurer shall transfer such moneys, without necessity
of appropriation, to the department upon demand by the
department from those trusts and accounts originally receiving the moneys.
(2) Money shall not be deemed to have been paid to the
state upon any sale or lease of land until it has been paid to
the state treasurer. [2003 c 334 § 125; 2003 c 313 § 9; 1981
2nd ex.s. c 4 § 1; 1965 c 8 § 43.85.130. Prior: (i) 1911 c 51
§ 1; RRS § 5555. (ii) 1909 c 133 § 1, part; 1907 c 96 § 1, part;
RRS § 5501, part. Formerly RCW 43.85.130.]
Reviser's note: This section was amended by 2003 c 313 § 9 and by
2003 c 334 § 125, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
43.30.310
43.30.310 Recodified as RCW 43.12.065. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.30.315
43.30.315 Natural resources equipment fund—
Reimbursement. The natural resources equipment fund
shall be reimbursed by the department for all moneys
expended from it. Reimbursement may be prorated over the
useful life of the equipment, machinery, and supplies purchased by moneys from the fund. Reimbursement may be
made from moneys appropriated or otherwise available to the
department for the purchase, repair, and maintenance of
equipment, machinery, and supplies and shall be prorated on
the basis of relative benefit to the programs. For the purpose
of making reimbursement, all existing and hereafter acquired
equipment, machinery, and supplies of the department shall
be deemed to have been purchased from the natural resources
equipment fund. [2003 c 334 § 121; 1965 c 8 § 43.30.290.
Prior: 1963 c 141 § 2. Formerly RCW 43.30.290.]
Intent—2003 c 334: See note following RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.
Findings—Severability—2003 c 313: See notes following RCW
79.15.500.
Moneys received and invested prior to December 1, 1981: "Moneys
received as deposits from successful bidders, advance payments, and security under RCW 79.01.132 and 79.01.204, which have been invested prior to
December 1, 1981, in time deposits, shall be subject to RCW 43.85.130 as
each time deposit matures." [1981 2nd ex.s. c 4 § 2.]
Severability—1981 2nd ex.s. c 4: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 2nd ex.s. c 4 § 16.]
43.30.340
43.30.340 Federal funds for management and protection of forests, forest and range lands. The department is
authorized to receive funds from the federal government for
cooperative work in management and protection of forests
and forest and range lands as may be authorized by any act of
Congress which is now, or may hereafter be, adopted for such
purposes. [2003 c 334 § 202; 1988 c 128 § 13; 1957 c 78 § 1.
Formerly RCW 76.01.040.]
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.325
43.30.325 Deposit of money and fees—Natural
resources deposit fund—Repayments. (1) The department
shall deposit daily all moneys and fees collected or received
by the commissioner and the department in the discharge of
official duties as follows:
(a) The department shall pay moneys received as
advance payments, deposits, and security from successful
bidders under RCW 79.15.100 and 79.11.150 to the state
treasurer for deposit under (b) of this subsection. Moneys
received from unsuccessful bidders shall be returned as provided in RCW 79.11.150;
(b) The department shall pay all moneys received on
behalf of a trust fund or account to the state treasurer for
deposit in the trust fund or account after making the deduction authorized under RCW 79.22.040, 79.22.050, 79.64.040,
and 79.15.520;
(c) The natural resources deposit fund is hereby created.
The state treasurer is the custodian of the fund. All moneys
or sums which remain in the custody of the commissioner of
public lands awaiting disposition or where the final disposition is not known shall be deposited into the natural resources
deposit fund. Disbursement from the fund shall be on the
authorization of the commissioner or the commissioner's designee, without necessity of appropriation;
43.30.345
43.30.345 Federal funds for management and protection of forests, forest and range lands—Disbursement of
funds. The department is authorized to disburse such funds,
together with any funds which may be appropriated or contributed from any source for such purposes, on management
and protection of forests and forest and range lands. [2003 c
334 § 203; 1988 c 128 § 14; 1957 c 78 § 2. Formerly RCW
76.01.050.]
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.350
43.30.350 Recodified as RCW 43.30.620. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.30.355
43.30.355 Recodified as RCW 43.30.460. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.30.385
43.30.385 Park land trust revolving fund. The park
land trust revolving fund is to be utilized by the department
for the exclusive purpose of acquiring real property, including all reasonable costs associated with these acquisitions, as
a replacement for the property transferred to the state parks
[2003 RCW Supp—page 553]
43.30.390
Title 43 RCW: State Government—Executive
43.30.421
and recreation commission, as directed by the legislature in
order to maintain the land base of the affected trusts or under
RCW 79.22.060. Proceeds from transfers of real property to
the state parks and recreation commission or other proceeds
identified from transfers of real property as directed by the
legislature shall be deposited in this fund. Disbursement
from the park land trust revolving fund to acquire replacement property shall be on the authorization of the department.
In order to maintain an effective expenditure and revenue
control, the park land trust revolving fund is subject in all
respects to chapter 43.88 RCW, but no appropriation is
required to permit expenditures and payment of obligations
from the fund. [2003 c 334 § 106; 2000 c 148 § 4; 1995 c 211
§ 5. Formerly RCW 43.30.115.]
Intent—2003 c 334: See note following RCW 79.02.010.
Findings—Intent—Effective date—Severability—1995 c 211: See
notes following RCW 79A.05.070.
43.30.390
43.30.390 Recodified as RCW 79.10.340. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.30.400
43.30.400 Recodified as RCW 43.30.470. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
43.30.410
43.30.410 Recodified as RCW 43.30.480. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
PART 5
POWERS AND DUTIES—GENERAL
43.30.421 Administrator. The administrator shall have
responsibility for performance of all the powers, duties, and
functions of the department except those specifically
assigned to the board. In the performance of these powers,
duties, and functions, the administrator shall conform to policies established by the board, and may employ and fix the
compensation of such personnel as may be required to perform the duties of this office. [2003 c 334 § 114; 1965 c 8 §
43.30.160. Prior: 1957 c 38 § 16. Formerly RCW
43.30.160.]
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.430
43.30.430 Supervisor. The supervisor shall:
(1) Be charged with the direct supervision of the department's activities as delegated by the administrator;
(2) Perform his or her duties in conformance with the
policies established by the board;
(3) Organize the department, with approval of the
administrator, into such subordinate divisions as the supervisor deems appropriate for the conduct of its operations;
(4) Employ and fix the compensation of such technical,
clerical, and other personnel as may be required to carry on
activities under his or her supervision;
(5) Delegate by order any assigned powers, duties, and
functions to one or more deputies or assistants, as desired;
(6) Furnish before entering upon the duties of this position a surety bond payable to the state in such amount as may
be determined by the board, conditioned for the faithful performance of duties and for accounting of all moneys and
property of the state that may come into possession of or
under the control of this position. [2003 c 334 § 115; 1965 c
8 § 43.30.170. Prior: 1957 c 38 § 17. Formerly RCW
43.30.170.]
43.30.411
43.30.411 Department to exercise powers and
duties—Indemnification of private parties. (1) The
department shall exercise all of the powers, duties, and functions now vested in the commissioner of public lands and
such powers, duties, and functions are hereby transferred to
the department. However, nothing contained in this section
shall effect the commissioner's ex officio membership on any
committee provided by law.
(2)(a) Except as provided in (b) of this subsection, and
subject to the limitations of RCW 4.24.115, the department,
in the exercise of any of its powers, may include in any authorized contract a provision for indemnifying the other contracting party against loss or damages.
(b) When executing a right of way or easement contract
over private land that involves forest management activities,
the department shall indemnify the private landowner if the
landowner does not receive a direct benefit from the contract.
[2003 c 334 § 108; 2003 c 312 § 1; 1965 c 8 § 43.30.130.
Prior: 1957 c 38 § 13. Formerly RCW 43.30.130.]
Reviser's note: This section was amended by 2003 c 312 § 1 and by
2003 c 334 § 108, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.420
43.30.420 Recodified as RCW 43.30.490. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
[2003 RCW Supp—page 554]
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.440
43.30.440 Oaths may be administered by supervisor
and deputies. The supervisor and duly authorized deputies
may administer oaths. [2003 c 334 § 116; 1965 c 8 §
43.30.180. Prior: 1957 c 38 § 18. Formerly RCW
43.30.180.]
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.450
43.30.450 Right of entry in course of duty by representatives of department. Any authorized assistants,
employees, agents, appointees, or representatives of the
department may, in the course of their inspection and
enforcement duties as provided for in chapters 76.04, 76.06,
76.09, and 76.36 RCW, enter upon any lands, real estate,
waters, or premises except the dwelling house or appurtenant
buildings in this state whether public or private and remain
thereon while performing such duties. Similar entry by the
department may be made for the purpose of making examinations, locations, surveys, and/or appraisals of all lands under
the management and jurisdiction of the department; or for
making examinations, appraisals and, after five days' written
notice to the landowner, making surveys for the purpose of
possible acquisition of property to provide public access to
public lands. In no event other than an emergency such as
fire fighting shall motor vehicles be used to cross a field customarily cultivated, without prior consent of the owner.
Department of Natural Resources
None of the entries herein provided for shall constitute trespass, but nothing contained herein shall limit or diminish any
liability which would otherwise exist as a result of the acts or
omissions of the department or its representatives. [2003 c
334 § 204; 2000 c 11 § 1; 1983 c 3 § 194; 1971 ex.s. c 49 § 1;
1963 c 100 § 1. Formerly RCW 76.01.060.]
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.460
43.30.460 Department to participate in and administer federal Safe Drinking Water Act in conjunction with
other departments. See RCW 43.21A.445.
43.30.470
43.30.470 Senior environmental corps. (1) The
department has the following powers and duties in carrying
out its responsibilities for the senior environmental corps created under RCW 43.63A.247:
(a) Appoint a representative to the coordinating council;
(b) Develop project proposals;
(c) Administer project activities within the agency;
(d) Develop appropriate procedures for the use of volunteers;
(e) Provide project orientation, technical training, safety
training, equipment, and supplies to carry out project activities;
(f) Maintain project records and provide project reports;
(g) Apply for and accept grants or contributions for
corps-approved projects; and
(h) With the approval of the council, enter into memoranda of understanding and cooperative agreements with federal, state, and local agencies to carry out corps-approved
projects.
(2) The department shall not use corps volunteers to displace currently employed workers. [2003 c 334 § 124; 1992
c 63 § 10. Formerly RCW 43.30.400.]
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1992 c 63: See note following RCW 43.63A.240.
43.30.480
43.30.480 Watershed restoration projects—Permit
processing. A permit required by the department for a watershed restoration project as defined in RCW 89.08.460 shall
be processed in compliance with RCW 89.08.450 through
89.08.510. [1995 c 378 § 13. Formerly RCW 43.30.410.]
43.30.530
independent consultant to carry out the work covered by the
cost-reimbursement agreement. The department may also
use funds provided under a cost-reimbursement agreement to
assign current staff to review the work of the consultant, to
provide necessary technical assistance when an independent
consultant with comparable technical skills is unavailable,
and to recover reasonable and necessary direct and indirect
costs that arise from processing the permit or lease. The
department shall, in developing the agreement, ensure that
final decisions that involve policy matters are made by the
agency and not by the consultant. The department shall make
an estimate of the number of permanent staff hours to process
the permits or leases, and shall contract with consultants to
replace the time and functions committed by these permanent
staff to the project. The billing process shall provide for
accurate time and cost accounting and may include a billing
cycle that provides for progress payments. Use of cost-reimbursement agreements shall not reduce the current level of
staff available to work on permits or leases not covered by
cost-reimbursement agreements. The department may not
use any funds under a cost-reimbursement agreement to
replace or supplant existing funding. The restrictions of
chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a cost-reimbursement agreement.
(3) The department may not enter into any new costreimbursement agreements on or after July 1, 2007. The
department may continue to administer any cost-reimbursement agreement that was entered into before July 1, 2007,
until the project is completed. [2003 c 70 § 2; 2000 c 251 §
3. Formerly RCW 43.30.420.]
Intent—Captions not law—Effective date—2000 c 251: See notes
following RCW 43.21A.690.
43.30.510
43.30.510 Administrator may designate substitute
for member of board, commission, etc. When any officer,
member, or employee of an agency abolished by provisions
of this chapter is, under provisions of existing law, designated as a member ex officio of another board, commission,
committee, or other agency, and no provision is made in this
chapter with respect to a substitute, the administrator shall
designate the officer or other person to serve hereafter in that
capacity. [1965 c 8 § 43.30.210. Prior: 1957 c 38 § 21. Formerly RCW 43.30.210.]
43.30.490
43.30.490 Cost-reimbursement agreements. (1) The
department may enter into a written cost-reimbursement
agreement with a permit or lease applicant to recover from
the applicant the reasonable costs incurred by the department
in carrying out the requirements of this chapter, as well as the
requirements of other relevant laws, as they relate to permit
coordination, environmental review, application review,
technical studies, and permit or lease processing. The costreimbursement agreement shall identify the specific tasks,
costs, and schedule for work to be conducted under the agreement. An applicant for a lease issued under chapter 79.90
RCW may not enter into a cost-reimbursement agreement
under this section for projects conducted under the lease.
(2) The written cost-reimbursement agreement shall be
negotiated with the permit or lease applicant. Under the provisions of a cost-reimbursement agreement, funds from the
applicant shall be used by the department to contract with an
43.30.520
43.30.520 Property transactions, restrictive conveyances, highway purpose—Existing law to continue. Nothing in this chapter shall be interpreted as changing existing
law with respect to:
(1) Property given to a state agency on restrictive conveyance with provision for reversion to the grantor or for the
vesting of title in another if and when such property is not
used by the agency concerned for the stipulated purposes;
(2) Land or other property acquired by any state agency
for highway purposes. [1965 c 8 § 43.30.250. Prior: 1957 c
38 § 25. Formerly RCW 43.30.250.]
43.30.530
43.30.530 Real property—Services and facilities
available to other state agencies, cost. Upon request by any
state agency vested by law with the authority to acquire or
manage real property, the department shall make available to
[2003 RCW Supp—page 555]
43.30.600
Title 43 RCW: State Government—Executive
such agency the facilities and services of the department with
respect to such acquisition or management, upon condition
that such agency reimburse the department for the costs of
such services. [2003 c 334 § 117; 1965 c 8 § 43.30.260.
Prior: 1957 c 38 § 26. Formerly RCW 43.30.260.]
Intent—2003 c 334: See note following RCW 79.02.010.
PART 6
DUTIES AND POWERS—MINING AND GEOLOGY
43.30.600
43.30.600 State geological survey. The department
shall assume full charge and supervision of the state geological survey and perform such other duties as may be prescribed by law. [2003 c 334 § 107; 1988 c 127 § 3; 1965 c 8
§ 43.21.050. Prior: 1921 c 7 § 69; RRS § 10827. Formerly
RCW 43.30.125, 43.21.050.]
Intent—2003 c 334: See note following RCW 79.02.010.
Mining survey reports, forwarding to: RCW 78.06.030.
Provisions relating to geological survey: Chapter 43.92 RCW, RCW
43.27A.130.
43.30.610
43.30.610 Mining. The department shall:
(1) Collect, compile, publish, and disseminate statistics
and information relating to mining, milling, and metallurgy;
(2) Make special studies of the mineral resources and
industries of the state;
(3) Collect and assemble an exhibit of mineral specimens, both metallic and nonmetallic, especially those of economic and commercial importance; such collection to constitute the museum of mining and mineral development;
(4) Collect and assemble a library pertaining to mining,
milling, and metallurgy of books, reports, drawings, tracings,
and maps and other information relating to the mineral industry and the arts and sciences of mining and metallurgy;
(5) Make a collection of models, drawings, and descriptions of the mechanical appliances used in mining and metallurgical processes;
(6) Issue bulletins and reports with illustrations and maps
with detailed description of the natural mineral resources of
the state;
(7) Preserve and maintain such collections and library
open to the public for reference and examination and maintain a bureau of general information concerning the mineral
and mining industry of the state, and issue from time to time
at cost of publication and distribution such bulletins as may
be deemed advisable relating to the statistics and technology
of minerals and the mining industry;
(8) Make determinative examinations of ores and minerals, and consider other scientific and economical problems
relating to mining and metallurgy;
(9) Cooperate with all departments of the state government, state educational institutions, the United States geological survey, and the United States bureau of mines. All
departments of the state government and educational institutions shall render full cooperation to the department in compiling useful and scientific information relating to the mineral
industry within and without the state, without cost to the
department. [2003 c 334 § 109; 1988 c 127 § 4; 1965 c 8 §
43.21.070. Prior: 1935 c 142 § 2; RRS § 8614-2. Formerly
RCW 43.30.138, 43.21.070.]
[2003 RCW Supp—page 556]
Intent—2003 c 334: See note following RCW 79.02.010.
Mining survey reports forwarded to: RCW 78.06.030.
43.30.620
43.30.620 Department of natural resources to exercise mining and geology powers and duties of department
of conservation. See RCW 43.27A.120 and 43.27A.130.
43.30.630
43.30.630 Sealing of open holes and mine shafts. The
department shall work with federal officials and private mine
owners to ensure the prompt sealing of open holes and mine
shafts that constitute a threat to safety. [2003 c 334 § 101;
1985 c 459 § 7. Formerly RCW 43.12.025.]
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1985 c 459: See note following RCW 79.01.668.
43.30.640
43.30.640 Mine owners—Maps of property surface
and underground workings—Filing. The owner of each
mine shall make a map of the surface of the property. The
owner of each active mine shall make a map of the underground workings. All maps shall be filed with the department. The department shall establish by rule the scale and
contents required for the maps. [2003 c 334 § 102; 1985 c
459 § 8. Formerly RCW 43.12.035.]
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1985 c 459: See note following RCW 79.01.668.
43.30.650
43.30.650 Gifts and bequests relating to mining. The
department may receive on behalf of the state, for the benefit
of mining and mineral development, gifts, bequests, devises,
and legacies of real or personal property and use them in
accordance with the wishes of the donors and manage, use,
and dispose of them for the best interests of mining and mineral development. [2003 c 334 § 110; 1988 c 127 § 5; 1965 c
8 § 43.21.080. Prior: 1935 c 142 § 3; RRS § 8614-3. Formerly RCW 43.30.141, 43.21.080.]
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.660
43.30.660 Collection of minerals for exhibition. The
department may, from time to time, prepare special collections of ores and minerals representative of the mineral
industry of the state to be displayed or used at any world fair,
exposition, mining congress, or state exhibition, in order to
promote information relating to the mineral wealth of the
state. [2003 c 334 § 111; 1988 c 127 § 6; 1965 c 8 §
43.21.090. Prior: 1935 c 142 § 4; RRS § 8614-4. Formerly
RCW 43.30.145, 43.21.090.]
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.700
43.30.700 Powers of department—Forested lands.
(1) The department may:
(a) Inquire into the production, quality, and quantity of
second growth timber to ascertain conditions for reforestation; and
(b) Publish information pertaining to forestry and forest
products which it considers of benefit to the people of the
state.
(2) The department shall:
(a) Collect information through investigation by its
employees, on forest lands owned by the state, including:
(i) Condition of the lands;
Department of Natural Resources
43.30.810
43.30.720
(ii) Forest fire damage;
(iii) Illegal cutting, trespassing, or thefts; and
(iv) The number of acres and the value of the timber that
is cut and removed each year, to determine which state lands
are valuable chiefly for growing timber;
(b) Prepare maps of each timbered county showing state
land therein; and
(c) Protect state land as much as is practical and feasible
from fire, trespass, theft, and the illegal cutting of timber.
(3) When the department considers it to be in the best
interest of the state, it may cooperate with any agency of
another state, the United States or any agency thereof, the
Dominion of Canada or any agency or province thereof, and
any county, town, corporation, individual, or Indian tribe
within the state of Washington in:
(a) Forest surveys;
(b) Forest studies;
(c) Forest products studies; and
(d) Preparation of plans for the protection, management,
and replacement of trees, wood lots, and timber tracts. [1986
c 100 § 50. Formerly RCW 43.30.135.]
Study—1989 c 424: "The department of natural resources shall conduct a study of state-owned hardwood forests. The study shall include, but is
not limited to: A comprehensive inventory of state-owned hardwood forests
and a qualitative assessment of those stands, research into reforestation of
hardwoods on state lands, and an analysis of management policies for
increasing the supply of commercially harvestable hardwoods on state
lands." [1989 c 424 § 5.]
Report to legislature—1989 c 424: "If by October 1, 1989, the United
States congress makes an appropriation to the United States forest service for
a Washington state forest inventory and timber supply study, the department
of natural resources shall conduct an inventory and prepare a report on the
timber supply in Washington state. The report shall identify the quantity of
timber present now and the quantity of timber that may be available from forest lands in the future using various assumptions of landowner management,
including changes in the forest land base, amount of capital invested in timber management, and expected harvest age. This report shall categorize the
results according to region of the state, land ownership, land productivity,
and according to major timber species.
The report shall contain an estimate of the acreage and volume of old
growth and other timber on lands restricted from commercial timber harvesting due to state or federal decisions, such as national parks, wilderness areas,
national recreation areas, scenic river designations, natural areas, geologic
areas, or other land allocations which restrict or limit timber harvesting
activities. The department shall determine the definition of old growth for
the purposes of this section.
State appropriations for these purposes in the 1989-91 budget may be
expended if needed for project planning and design. The report shall be submitted to the appropriate committees of the senate and the house of representatives by June 1, 1991." [1989 c 424 § 8.]
43.30.710
43.30.710 Sale or exchange of tree seedling stock and
tree seed—Provision of stock or seed to local governments
or nonprofit organizations. The department is authorized to
sell to or exchange with persons intending to restock forest
areas, tree seedling stock and tree seed produced at the state
nursery.
The department may provide at cost, stock or seed to
local governments or nonprofit organizations for urban tree
planting programs consistent with the community and urban
forestry program. [1993 c 204 § 7; 1988 c 128 § 35; 1947 c
67 § 1; Rem. Supp. 1947 § 5823-40. Formerly RCW
76.12.160.]
Findings—1993 c 204: See note following RCW 35.92.390.
43.30.720 Use of proceeds specified. All receipts from
the sale of stock or seed shall be deposited in a state forest
nursery revolving fund to be maintained by the department,
which is hereby authorized to use all money in said fund for
the maintenance of the state tree nursery or the planting of
denuded state owned lands.
During the 2003-2005 fiscal biennium, the legislature
may transfer from the state forest nursery revolving fund to
the state general fund such amounts as reflect the excess fund
balance of the fund. [2003 1st sp.s. c 25 § 938; 1988 c 128 §
36; 1947 c 67 § 2; RRS § 5823-41. Formerly RCW
76.12.170.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
43.30.800
43.30.800 Olympic natural resources center—Finding, intent. The legislature finds that conflicts over the use
of natural resources essential to the state's residents, especially forest and ocean resources, have increased dramatically. There are growing demands that these resources be
fully utilized for their commodity values, while simultaneously there are increased demands for protection and preservation of these same resources. While these competing
demands are most often viewed as mutually exclusive, recent
research has suggested that commodity production and ecological values can be integrated. It is the intent of the legislature to foster and support the research and education necessary to provide sound scientific information on which to base
sustainable forest and marine industries, and at the same time
sustain the ecological values demanded by much of the public. [1991 c 316 § 1. Formerly RCW 76.12.205.]
Severability—1991 c 316: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1991 c 316 § 6.]
43.30.810
43.30.810 Olympic natural resources center—Purpose, programs. The Olympic natural resources center is
hereby created at the University of Washington in the college
of forest resources and the college of ocean and fishery sciences. The center shall maintain facilities and programs in the
western portion of the Olympic Peninsula. Its purpose shall
be to demonstrate innovative management methods which
successfully integrate environmental and economic interests
into pragmatic management of forest and ocean resources.
The center shall combine research and educational opportunities with experimental forestry, oceans management, and traditional management knowledge into an overall program
which demonstrates that management based on sound economic principles is made superior when combined with new
methods of management based on ecological principles. The
programs developed by the center shall include the following:
(1) Research and education on a broad range of ocean
resources problems and opportunities in the region, such as
estuarine processes, ocean and coastal management, offshore
development, fisheries and shellfish enhancement, and
coastal business development, tourism, and recreation. In
developing this component of the center's program, the center
shall collaborate with coastal educational institutions such as
[2003 RCW Supp—page 557]
43.30.820
Title 43 RCW: State Government—Executive
Grays Harbor community college and Peninsula community
college;
(2) Research and education on forest resources management issues on the landscape, ecosystem, or regional level,
including issues that cross legal and administrative boundaries;
(3) Research and education that broadly integrates
marine and terrestrial issues, including interactions of
marine, aquatic, and terrestrial ecosystems, and that identifies
options and opportunities to integrate the production of commodities with the preservation of ecological values. Where
appropriate, programs shall address issues and opportunities
that cross legal and administrative boundaries;
(4) Research and education on natural resources and
their social and economic implications, and on alternative
economic and social bases for sustainable, healthy, resourcebased communities;
(5) Educational opportunities such as workshops, short
courses, and continuing education for resource professionals,
policy forums, information exchanges including international
exchanges where appropriate, conferences, student research,
and public education; and
(6) Creation of a neutral forum where parties with
diverse interests are encouraged to address and resolve their
conflicts. [1991 c 316 § 2; 1989 c 424 § 4. Formerly RCW
76.12.210.]
Severability—1991 c 316: See note following RCW 76.12.205.
Effective date—1989 c 424: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1989." [1989 c 424 § 13.]
43.30.820
43.30.820 Olympic natural resources center—
Administration. The Olympic natural resources center shall
operate under the authority of the board of regents of the University of Washington. It shall be administered by a director
appointed jointly by the deans of the college of forest
resources and the college of ocean and fishery sciences. The
director shall be a member of the faculty of one of those colleges. The director shall appoint and maintain a scientific or
technical committee, and other committees as necessary, to
advise the director on the efficiency, effectiveness, and quality of the center's activities.
A policy advisory board consisting of eleven members
shall be appointed by the governor to advise the deans and the
director on policies for the center that are consistent with the
purposes of the center. Membership on the policy advisory
board shall broadly represent the various interests concerned
with the purposes of the center, including state and federal
government, environmental organizations, local community,
timber industry, and Indian tribes.
Service on boards and committees of the center shall be
without compensation but actual travel expenses incurred in
connection with service to the center may be reimbursed
from appropriated funds in accordance with RCW 43.03.050
and 43.03.060. [1991 c 316 § 3. Formerly RCW 76.12.220.]
Severability—1991 c 316: See note following RCW 76.12.205.
43.30.830
43.30.830 Olympic natural resources center—Funding—Contracts. The center may solicit gifts, grants, conveyances, bequests, and devises, whether real or personal
[2003 RCW Supp—page 558]
property, or both, in trust or otherwise, to be directed to the
center for carrying out the purposes of the center. The center
may solicit contracts for work, financial and in-kind contributions, and support from private industries, interest groups,
federal and state sources, and other sources. It may also use
separately appropriated funds of the University of Washington for the center's activities. [1991 c 316 § 4. Formerly
RCW 76.12.230.]
Severability—1991 c 316: See note following RCW 76.12.205.
Chapter 43.42 RCW
OFFICE OF REGULATORY ASSISTANCE
Chapter 43.42
(Formerly: Office of permit assistance)
Sections
43.42.005
43.42.010
43.42.030
43.42.040
43.42.050
43.42.060
43.42.070
43.42.005
Findings—Purpose—Intent.
Office created—Duties.
Definitions.
Maintaining and furnishing information—Contact point—Call
center—Web site.
Assisting project applicant—Project facilitator—Project scoping.
Coordinating permit agencies—Project coordinator—Cost
reimbursement agreement.
Cost-reimbursement agreements.
43.42.005 Findings—Purpose—Intent. (1) The legislature finds that the health and safety of its citizens, natural
resources, and the environment are vital interests of the state
that must be protected to preserve the state's quality of life.
The legislature also finds that the state's economic well-being
is a vital interest that depends upon the development of fair,
coordinated regulatory processes that ensure that the state not
only protects public health and safety and natural resources
but also encourages appropriate activities that stimulate
growth and development. The legislature further finds that
Washington's regulatory programs have established strict
standards to protect public health and safety and the environment.
(2) The legislature also finds that, as the number of environmental and land use laws have grown in Washington, so
have the number of permits required of business and government. The increasing number of individual permits and permit agencies has generated the potential for conflict, overlap,
and duplication among various state, local, and federal permits. Lack of coordination in the processing of project applications may cause costly delays and frustration to applicants.
(3) The legislature further finds that not all project applicants require the same type of assistance. Applicants with
small projects may merely need information about local and
state permits and assistance in applying for those permits,
while intermediate-sized projects may require a facilitated
permit process, and large complex projects may need extensive coordination among local, state, and federal agencies
and tribal governments.
(4) The legislature further finds that persons doing business in Washington state should have access to clear and
appropriate information regarding state regulations, permit
requirements, and agency rule-making processes.
(5) The legislature, therefore, finds that a range of assistance and coordination options should be available to project
applicants from a state office independent of any local, state,
Office of Regulatory Assistance
or federal permit agency. The legislature finds that citizens,
businesses, and project applicants should be provided with:
(a) A reliable and consolidated source of information
concerning federal, state, and local environmental and land
use laws and procedures that may apply to any given project;
(b) Facilitated interagency forums for discussion of significant issues related to the multiple permitting processes if
needed for some project applicants; and
(c) Active coordination of all applicable regulatory and
land use permitting procedures if needed for some project
applicants.
(6) The legislature declares that the purpose of this chapter is to transfer the existing permit assistance center in the
department of ecology to a new office of permit assistance in
the office of financial management to:
(a) Assure that citizens, businesses, and project applicants will continue to be provided with vital information
regarding environmental and land use laws and with assistance in complying with environmental and land use laws to
promote understanding of these laws and to protect public
health and safety and the environment;
(b) Ensure that facilitation of project permit decisions by
permit agencies promotes both process efficiency and environmental protection;
(c) Allow for coordination of permit processing for large
projects upon project applicants' request and at project applicants' expense to promote efficiency, ensure certainty, and
avoid conflicts among permit agencies; and
(d) Provide these services through an office independent
of any permit agency to ensure that any potential or perceived
conflicts of interest related to providing these services or
making permit decisions can be avoided.
(7) The legislature also declares that the purpose of this
chapter is to provide citizens of the state with access to information regarding state regulations, permit requirements, and
agency rule-making processes in Washington state.
(8) The legislature intends that establishing an office of
regulatory assistance will provide these services without
abrogating or limiting the authority of any permit agency to
make decisions on permits that it issues or any rule-making
agency to make decisions on regulations. The legislature
therefore declares that the office of regulatory assistance
shall have authority to provide these services but shall not
have any authority to make decisions on permits. [2003 c 71
§ 1; 2002 c 153 § 1.]
Reviser's note—Sunset Act application: The office of regulatory
assistance is subject to review, termination, and possible extension under
chapter 43.131 RCW, the Sunset Act. See RCW 43.131.401. RCW
43.42.005 through 43.42.070 and 43.42.900 through 43.42.905 are scheduled for future repeal under RCW 43.131.402.
Effective date—2003 c 71 § 2: "Section 2 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [April 18, 2003]." [2003 c 71 § 7.]
43.42.010
43.42.010 Office created—Duties. (1) The office of
regulatory assistance is created in the office of financial management and shall be administered by the office of the governor to assist citizens, businesses, and project applicants.
(2) The office shall:
(a) Maintain and furnish information as provided in
RCW 43.42.040;
43.42.040
(b) Furnish facilitation as provided in RCW 43.42.050;
(c) Furnish coordination as provided in RCW 43.42.060;
(d) Coordinate cost reimbursement as provided in RCW
43.42.070;
(e) Work with state agencies and local governments to
continue to develop a range of permit assistance options for
project applicants;
(f) Review initiatives developed by the transportation
permit efficiency and accountability committee established
in chapter 47.06C RCW and determine if any would be beneficial if implemented for other types of projects;
(g) Work to develop informal processes for dispute resolution between agencies and permit applicants;
(h) Conduct customer surveys to evaluate its effectiveness; and
(i) Provide the following biennial reports to the governor
and the appropriate committees of the legislature:
(i) A performance report, based on the customer surveys
required in (h) of this subsection;
(ii) A report on any statutory or regulatory conflicts identified by the office in the course of its duties that arise from
differing legal authorities and roles of agencies and how
these were resolved. The report may include recommendations to the legislature and to agencies; and
(iii) A report regarding use of outside independent consultants under RCW 43.42.070, including the nature and
amount of work performed and implementation of requirements relating to costs.
(3) A director of the office shall be hired no later than
June 1, 2003.
(4) The office shall give priority to furnishing assistance
to small projects when expending general fund moneys allocated to it. [2003 c 71 § 2; 2002 c 153 § 2.]
Sunset Act application: See note following RCW 43.42.005.
43.42.030
43.42.030 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Office" means the office of regulatory assistance in
the office of financial management established in RCW
43.42.010.
(2) "Permit" means any permit, certificate, use authorization, or other form of governmental approval required in
order to construct or operate a project in the state of Washington.
(3) "Permit agency" means any state or local agency
authorized by law to issue permits.
(4) "Project" means any activity, the conduct of which
requires a permit or permits from one or more permit agencies.
(5) "Project applicant" means a citizen, business, or any
entity seeking a permit or permits in the state of Washington.
[2003 c 71 § 3; 2002 c 153 § 4.]
Sunset Act application: See note following RCW 43.42.005.
43.42.040
43.42.040 Maintaining and furnishing information—
Contact point—Call center—Web site. (1) The office shall
assist citizens, businesses, and project applicants by maintaining and furnishing information, including, but not limited
to:
[2003 RCW Supp—page 559]
43.42.050
Title 43 RCW: State Government—Executive
(a) To the extent possible, compiling and periodically
updating one or more handbooks containing lists and explanations of permit laws, including all relevant local, state, federal, and tribal laws. In providing this information, the office
shall seek the cooperation of relevant local, state, and federal
agencies and tribal governments;
(b) Establishing and providing notice of a point of contact for obtaining information;
(c) Working closely and cooperatively with the business
license center in providing efficient and nonduplicative service;
(d) Collecting and making available information regarding federal, state, local, and tribal government programs that
rely on private professional expertise to assist agencies in
project permit review; and
(e) Developing a call center and a web site.
(2) The office shall coordinate among state agencies to
develop an office web site that is linked through the office of
the governor's web site and that contains information regarding regulatory requirements for businesses and citizens in
Washington state. At a minimum, the web site shall provide
information or links to information on:
(a) Federal, state, and local rule-making processes and
permit requirements applicable to Washington businesses
and citizens;
(b) Federal, state, and local licenses, permits, and
approvals necessary to start and operate a business or develop
real property in Washington;
(c) State and local building codes;
(d) Federal, state, and local economic development programs that may be available to businesses in Washington;
and
(e) State and local agencies regulating or providing assistance to citizens and businesses operating a business or
developing real property in Washington.
(3) This section does not create an independent cause of
action, affect any existing cause of action, or create any new
cause of action regarding the application of regulatory or permit requirements. [2003 c 71 § 4; 2002 c 153 § 5.]
Sunset Act application: See note following RCW 43.42.005.
43.42.050
43.42.050 Assisting project applicant—Project facilitator—Project scoping. At the request of a project applicant, the office shall assist the project applicant in determining what regulatory requirements, processes, and permits
apply to the project, as provided in this section.
(1) The office shall assign a project facilitator who shall
discuss applicable regulatory requirements, permits, and processes with the project applicant and explain the available
options for obtaining required permits.
(2) If the project applicant and the project facilitator
agree that the project would benefit from a project scoping, or
if the project is an industrial project of statewide significance,
as defined in RCW 43.157.010, the project facilitator shall
conduct a project scoping by the project applicant and the relevant state and local permit agencies. The project facilitator
shall invite the participation of the relevant federal permit
agencies and tribal governments.
(a) The purpose of the project scoping is to identify the
issues and information needs of the project applicant and the
participating permit agencies regarding the project, share per[2003 RCW Supp—page 560]
spectives, and jointly develop a strategy for the processing of
required permits by each participating permit agency.
(b) The scoping shall address:
(i) The permits that are required for the project;
(ii) The permit application forms and other application
requirements of the participating permit agencies;
(iii) The specific information needs and issues of concern of each participant and their significance;
(iv) Any statutory or regulatory conflicts that might arise
from the differing authorities and roles of the permit agencies;
(v) Any natural resources, including federal or state
listed species, that might be adversely affected by the project
and might cause an alteration of the project or require mitigation; and
(vi) The anticipated time required for permit decisions
by each participating permit agency, including the time
required to determine if the permit application is complete, to
conduct environmental review, and to review and process the
application. In determining the time required, full consideration must be given to achieving the greatest possible efficiencies through any concurrent studies and any consolidated
applications, hearings, and comment periods.
(c) The outcome of the project scoping shall be documented in writing, furnished to the project applicant, and be
made available to the public.
(d) The project scoping shall be completed within sixty
days of the project applicant's request for a project scoping.
(e) Upon completion of the project scoping, the participating permit agencies shall proceed under their respective
authority. The agencies are encouraged to remain in communication for purposes of coordination until their final permit
decisions are made.
(3) This section does not create an independent cause of
action, affect any existing cause of action, or establish time
limits for purposes of RCW 64.40.020. [2003 c 54 § 4; 2002
c 153 § 6.]
Sunset Act application: See note following RCW 43.42.005.
43.42.060
43.42.060 Coordinating permit agencies—Project
coordinator—Cost reimbursement agreement. (1) The
office may coordinate the processing by participating permit
agencies of permits required for a project, at the request of the
project applicant through a cost reimbursement agreement as
provided in subsection (3) of this section or with the agreement of the project applicant as provided in subsection (4) of
this section.
(2) The office shall assign a project coordinator to perform any or all of the following functions, as specified by the
terms of a cost reimbursement agreement under subsection
(3) of this section or an agreement under subsection (4) of
this section:
(a) Serve as the main point of contact for the project
applicant;
(b) Conduct a project scoping as provided in RCW
43.42.050(2);
(c) Verify that the project applicant has all the information needed to complete applications;
(d) Coordinate the permit processes of the permit agencies;
(e) Manage the applicable administrative procedures;
Washington State Patrol
(f) Work to assure that timely permit decisions are made
by the permit agencies and maintain contact with the project
applicant and the permit agencies to ensure adherence to
schedules;
(g) Assist in resolving any conflict or inconsistency
among permit requirements and conditions; and
(h) Coordinate with relevant federal permit agencies and
tribal governments to the extent possible.
(3) At the request of a project applicant and as provided
in RCW 43.42.070, the project coordinator shall coordinate
negotiations among the project applicant, the office, and participating permit agencies to enter into a cost reimbursement
agreement and shall coordinate implementation of the agreement, which shall govern coordination of permit processing
by the participating permit agencies.
(4) For industrial projects of statewide significance or if
the office determines that it is in the public interest to coordinate the processing of permits for certain projects that are
complex in scope, require multiple permits, involve multiple
jurisdictions, or involve a significant number of affected parties, the office shall, upon the applicant's request, enter into
an agreement with the project applicant and the participating
permit agencies to coordinate the processing of permits for
the project. The office may limit the number of such agreements according to the resources available to the office and
the permit agencies at the time. [2003 c 54 § 5; 2002 c 153 §
7.]
Sunset Act application: See note following RCW 43.42.005.
43.42.070
43.42.070 Cost-reimbursement agreements. (1) The
office may coordinate negotiation and implementation of a
written agreement among the project applicant, the office,
and participating permit agencies to recover from the project
applicant the reasonable costs incurred by the office in carryin g o u t th e p r o v is i o n s o f R C W 4 3 . 4 2 . 0 5 0 ( 2 ) a n d
43.42.060(2) and by participating permit agencies in carrying
out permit processing tasks specified in the agreement.
(2) The office may coordinate negotiation and implementation of a written agreement among the project applicant, the office, and participating permit agencies to recover
from the project applicant the reasonable costs incurred by
outside independent consultants selected by the office and
participating permit agencies to perform permit processing
tasks.
(3) Outside independent consultants may only bill for the
costs of performing those permit processing tasks that are
specified in a cost-reimbursement agreement under this section. The billing process shall provide for accurate time and
cost accounting and may include a billing cycle that provides
for progress payments.
(4) The office shall adopt a policy to coordinate costreimbursement agreements with outside independent consultants. Cost-reimbursement agreements coordinated by the
office under this section must be based on competitive bids
that are awarded for each agreement from a prequalified consultant roster.
(5) Independent consultants hired under a cost-reimbursement agreement shall report directly to the permit
agency. The office shall assure that final decisions are made
by the permit agency and not by the consultant.
Chapter 43.43
(6) The office shall develop procedures for determining,
collecting, and distributing cost reimbursement for carrying
out the provisions of this chapter.
(7) For a cost-reimbursement agreement, the office and
participating permit agencies shall negotiate a work plan and
schedule for reimbursement. Prior to distributing scheduled
reimbursement to the agencies, the office shall verify that the
agencies have met the obligations contained in their work
plan.
(8) Prior to commencing negotiations with the project
applicant for a cost-reimbursement agreement, the office
shall request work load analyses from each participating permitting agency. These analyses shall be available to the public. The work load of a participating permit agency may only
be modified with the concurrence of the agency and if there is
both good cause to do so and no significant impact on environmental review.
(9) The office shall develop guidance to ensure that, in
developing cost-reimbursement agreements, conflicts of
interest are eliminated.
(10) For project permit processes that it coordinates, the
office shall coordinate the negotiation of all cost-reimbursement agreements executed under RCW 43.21A.690,
*43.30.420, 43.70.630, 43.300.080, and 70.94.085. The
office and the permit agencies shall be signatories to the
agreements. Each permit agency shall manage performance
of its portion of the agreement.
(11) If a permit agency or the project applicant foresees,
at any time, that it will be unable to meet its obligations under
the cost-reimbursement agreement, it shall notify the office
and state the reasons. The office shall notify the participating
permit agencies and the project applicant and, upon agreement of all parties, adjust the schedule, or, if necessary, coordinate revision of the work plan. [2003 c 70 § 7; 2002 c 153
§ 8.]
*Reviser's note: RCW 43.30.420 was recodified as RCW 43.30.490
pursuant to 2003 c 334 § 128.
Sunset Act application: See note following RCW 43.42.005.
Chapter 43.43
Chapter 43.43 RCW
WASHINGTON STATE PATROL
Sections
43.43.271
43.43.295
43.43.830
43.43.856
43.43.934
43.43.944
Retirement allowances—Members commissioned on or after
January 1, 2003—Court-approved property settlement.
Accumulated contributions—Payment upon death of member.
Background checks—Access to children or vulnerable persons—Definitions.
Divulging investigative information prohibited—Confidentiality—Security of records and files. (Effective July 1, 2004.)
State fire protection policy board—Duties—Fire training and
education master plan—Fire protection master plan.
Fire service training account.
"STATE FIRE SERVICE MOBILIZATION"
43.43.960
43.43.961
43.43.962
43.43.963
43.43.964
43.43.970
State fire service mobilization—Definitions.
State fire service mobilization—Legislative declaration and
intent.
State fire service mobilization—State fire protection policy
board—State fire services mobilization plan—State fire
resources coordinator.
State fire service mobilization—Regional fire defense
boards—Regional fire service plans—Regions established.
State fire service mobilization—Development of reimbursement procedures.
Law enforcement mobilization—Definitions.
[2003 RCW Supp—page 561]
43.43.271
43.43.971
43.43.972
43.43.973
43.43.974
43.43.975
Title 43 RCW: State Government—Executive
Law enforcement mobilization—State law enforcement mobilization policy board—State law enforcement mobilization
plan.
Law enforcement mobilization—Local law enforcement
request for mobilization—State law enforcement resource
coordinator—Mobilization response—Declaration of end of
mobilization.
State law enforcement mobilization—State law enforcement
coordinator—Duties.
State law enforcement mobilization—Regions established—
Regional law enforcement mobilization committees—
Regional law enforcement mobilization plans.
State law enforcement mobilization—Development of reimbursement procedures—Eligibility of nonhost law enforcement authority for reimbursement.
43.43.271
43.43.271 Retirement allowances—Members commissioned on or after January 1, 2003—Court-approved
property settlement. (1) A member commissioned on or
after January 1, 2003, upon retirement for service as prescribed in RCW 43.43.250 shall elect to have the retirement
allowance paid pursuant to the following options, calculated
so as to be actuarially equivalent to each other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout the
member's life. However, if the retiree dies before the total of
the retirement allowance paid to the retiree equals the amount
of the retiree's accumulated contributions at the time of retirement, then the balance shall be paid to the member's estate, or
such person or persons, trust, or organization as the retiree
shall have nominated by written designation duly executed
and filed with the department; or if there be no such designated person or persons still living at the time of the retiree's
death, then to the surviving spouse; or if there be neither such
designated person or persons still living at the time of death
nor a surviving spouse, then to the retiree's legal representative.
(b) The department shall adopt rules that allow a member
to select a retirement option that pays the member a reduced
retirement allowance and upon death, such portion of the
member's reduced retirement allowance as the department by
rule designates shall be continued throughout the life of and
paid to a designated person. Such person shall be nominated
by the member by written designation duly executed and
filed with the department at the time of retirement. The
options adopted by the department shall include, but are not
limited to, a joint and one hundred percent survivor option
and a joint and fifty percent survivor option.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and member's
spouse do not give written consent to an option under this
section, the department will pay the member a joint and fifty
percent survivor benefit and record the member's spouse as
the beneficiary. This benefit shall be calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required
as provided in (b) of this subsection.
(b) If a copy of a dissolution order designating a survivor
beneficiary under RCW 41.50.790 has been filed with the
department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made
by the member under subsection (1) of this section; and
[2003 RCW Supp—page 562]
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3) No later than January 1, 2003, the department shall
adopt rules that allow a member additional actuarially equivalent survivor benefit options, and shall include, but are not
limited to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments
pursuant to a property division obligation as provided for in
RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant
to this subsection and satisfies the conditions of (a)(i) of this
subsection shall have one year to designate their spouse as a
survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to
remove the survivor designation and have their future benefit
adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(4) No later than July 1, 2003, the department shall adopt
rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who has completed at least
five years of service and the member's divorcing spouse be
divided into two separate benefits payable over the life of
each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member's benefit subsequent to the division
into two separate benefits shall be made solely to the separate
benefit of the member.
The nonmember ex spouse shall be eligible to commence
receiving their separate benefit upon reaching the ages provided in RCW 43.43.250(2) and after filing a written application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (3) of this section. Any
actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of
the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
Washington State Patrol
(c) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2003
c 294 § 14; 2002 c 158 § 16; 2001 c 329 § 5.]
Effective date—2001 c 329: See note following RCW 43.43.120.
43.43.295
43.43.295 Accumulated contributions—Payment
upon death of member. (1) For members commissioned on
or after January 1, 2003, except as provided in RCW
11.07.010, if a member or a vested member who has not completed at least ten years of service dies, the amount of the
accumulated contributions standing to such member's credit
in the retirement system at the time of such member's death,
less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order
filed under RCW 41.50.670, shall be paid to the member's
estate, or such person or persons, trust, or organization as the
member shall have nominated by written designation duly
executed and filed with the department. If there be no such
designated person or persons still living at the time of the
member's death, such member's accumulated contributions
standing to such member's credit in the retirement system,
less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order
filed under RCW 41.50.670, shall be paid to the member's
surviving spouse as if in fact such spouse had been nominated
by written designation, or if there be no such surviving
spouse, then to such member's legal representatives.
(2) If a member who is eligible for retirement or a member who has completed at least ten years of service dies, the
surviving spouse or eligible child or children shall elect to
receive either:
(a) A retirement allowance computed as provided for in
RCW 43.43.260, actuarially reduced by the amount of any
lump sum benefit identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670 and actuarially adjusted to
reflect a joint and one hundred percent survivor option under
RCW 43.43.278 and if the member was not eligible for normal retirement at the date of death a further reduction from
age fifty-five or when the member could have attained
twenty-five years of service, whichever is less; if a surviving
spouse who is receiving a retirement allowance dies leaving a
child or children of the member under the age of majority,
then such child or children shall continue to receive an allowance in an amount equal to that which was being received by
the surviving spouse, share and share alike, until such child or
children reach the age of majority; if there is no surviving
spouse eligible to receive an allowance at the time of the
member's death, such member's child or children under the
age of majority shall receive an allowance share and share
alike calculated under this section making the assumption
that the ages of the spouse and member were equal at the time
of the member's death; or
(b)(i) The member's accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670; or
(ii) If the member dies, one hundred fifty percent of the
member's accumulated contributions, less any amount identi-
43.43.830
fied as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW
41.50.670. Any accumulated contributions attributable to
restorations made under RCW 41.50.165(2) shall be refunded
at one hundred percent.
(3) If a member who is eligible for retirement or a member who has completed at least ten years of service dies, and
is not survived by a spouse or an eligible child, then the accumulated contributions standing to the member's credit, less
any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order
filed under RCW 41.50.670, shall be paid:
(a) To an estate, a person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department; or
(b) If there is no such designated person or persons still
living at the time of the member's death, then to the member's
legal representatives. [2003 c 294 § 15; 2001 c 329 § 7.]
Effective date—2001 c 329: See note following RCW 43.43.120.
43.43.830
43.43.830 Background checks—Access to children or
vulnerable persons—Definitions. Unless the context
clearly requires otherwise, the definitions in this section
apply throughout RCW 43.43.830 through 43.43.840.
(1) "Applicant" means:
(a) Any prospective employee who will or may have
unsupervised access to children under sixteen years of age or
developmentally disabled persons or vulnerable adults during
the course of his or her employment or involvement with the
business or organization;
(b) Any prospective volunteer who will have regularly
scheduled unsupervised access to children under sixteen
years of age, developmentally disabled persons, or vulnerable
adults during the course of his or her employment or involvement with the business or organization under circumstances
where such access will or may involve groups of (i) five or
fewer children under twelve years of age, (ii) three or fewer
children between twelve and sixteen years of age, (iii) developmentally disabled persons, or (iv) vulnerable adults;
(c) Any prospective adoptive parent, as defined in RCW
26.33.020; or
(d) Any prospective custodian in a nonparental custody
proceeding under chapter 26.10 RCW.
(2) "Business or organization" means a business or organization licensed in this state, any agency of the state, or other
governmental entity, that educates, trains, treats, supervises,
houses, or provides recreation to developmentally disabled
persons, vulnerable adults, or children under sixteen years of
age, including but not limited to public housing authorities,
school districts, and educational service districts.
(3) "Civil adjudication" means a specific court finding of
sexual abuse or exploitation or physical abuse in a dependency action under RCW 13.34.040 or in a domestic relations
action under Title 26 RCW. In the case of vulnerable adults,
civil adjudication means a specific court finding of abuse or
financial exploitation in a protection proceeding under chapter 74.34 RCW. It does not include administrative proceedings. The term "civil adjudication" is further limited to court
findings that identify as the perpetrator of the abuse a named
individual, over the age of eighteen years, who was a party to
the dependency or dissolution proceeding or was a respon[2003 RCW Supp—page 563]
43.43.856
Title 43 RCW: State Government—Executive
dent in a protection proceeding in which the finding was
made and who contested the allegation of abuse or exploitation.
(4) "Conviction record" means "conviction record"
information as defined in RCW 10.97.030(3) relating to a
crime against children or other persons committed by either
an adult or a juvenile. It does not include a conviction for an
offense that has been the subject of an expungement, pardon,
annulment, certificate of rehabilitation, or other equivalent
procedure based on a finding of the rehabilitation of the person convicted, or a conviction that has been the subject of a
pardon, annulment, or other equivalent procedure based on a
finding of innocence. It does include convictions for offenses
for which the defendant received a deferred or suspended
sentence, unless the record has been expunged according to
law.
(5) "Crime against children or other persons" means a
conviction of any of the following offenses: Aggravated
murder; first or second degree murder; first or second degree
kidnaping; first, second, or third degree assault; first, second,
or third degree assault of a child; first, second, or third degree
rape; first, second, or third degree rape of a child; first or second degree robbery; first degree arson; first degree burglary;
first or second degree manslaughter; first or second degree
extortion; indecent liberties; incest; vehicular homicide; first
degree promoting prostitution; communication with a minor;
unlawful imprisonment; simple assault; sexual exploitation
of minors; first or second degree criminal mistreatment;
endangerment with a controlled substance; child abuse or
neglect as defined in RCW 26.44.020; first or second degree
custodial interference; first or second degree custodial sexual
misconduct; malicious harassment; first, second, or third
degree child molestation; first or second degree sexual misconduct with a minor; patronizing a juvenile prostitute; child
abandonment; promoting pornography; selling or distributing
erotic material to a minor; custodial assault; violation of child
abuse restraining order; child buying or selling; prostitution;
felony indecent exposure; criminal abandonment; or any of
these crimes as they may be renamed in the future.
(6) "Crimes relating to drugs" means a conviction of a
crime to manufacture, delivery, or possession with intent to
manufacture or deliver a controlled substance.
(7) "Crimes relating to financial exploitation" means a
conviction for first, second, or third degree extortion; first,
second, or third degree theft; first or second degree robbery;
forgery; or any of these crimes as they may be renamed in the
future.
(8) "Disciplinary board final decision" means any final
decision issued by a disciplining authority under chapter
18.130 RCW or the secretary of the department of health for
the following businesses or professions:
(a) Chiropractic;
(b) Dentistry;
(c) Dental hygiene;
(d) Massage;
(e) Midwifery;
(f) Naturopathy;
(g) Osteopathic medicine and surgery;
(h) Physical therapy;
(i) Physicians;
(j) Practical nursing;
[2003 RCW Supp—page 564]
(k) Registered nursing; and
(l) Psychology.
"Disciplinary board final decision," for real estate brokers and salespersons, means any final decision issued by the
director of the department of licensing for real estate brokers
and salespersons.
(9) "Unsupervised" means not in the presence of:
(a) Another employee or volunteer from the same business or organization as the applicant; or
(b) Any relative or guardian of any of the children or
developmentally disabled persons or vulnerable adults to
which the applicant has access during the course of his or her
employment or involvement with the business or organization.
(10) "Vulnerable adult" means "vulnerable adult" as
defined in chapter 74.34 RCW, except that for the purposes
of requesting and receiving background checks pursuant to
RCW 43.43.832, it shall also include adults of any age who
lack the functional, mental, or physical ability to care for
themselves.
(11) "Financial exploitation" means the illegal or
improper use of a vulnerable adult or that adult's resources for
another person's profit or advantage.
(12) "Agency" means any person, firm, partnership,
association, corporation, or facility which receives, provides
services to, houses or otherwise cares for vulnerable adults.
[2003 c 105 § 5; 2002 c 229 § 3; 1999 c 45 § 5; 1998 c 10 §
1; 1996 c 178 § 12; 1995 c 250 § 1; 1994 c 108 § 1; 1992 c
145 § 16. Prior: 1990 c 146 § 8; 1990 c 3 § 1101; prior: 1989
c 334 § 1; 1989 c 90 § 1; 1987 c 486 § 1.]
Effective date—2002 c 229: See note following RCW 9A.42.100.
Effective date—1996 c 178: See note following RCW 18.35.110.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
At-risk children volunteer program: RCW 43.150.080.
Developmentally disabled persons: RCW 41.06.475.
State hospitals: RCW 72.23.035.
43.43.856
43.43.856 Divulging investigative information prohibited—Confidentiality—Security of records and files.
(Effective July 1, 2004.) (1)(a) On and after April 26, 1973,
it shall be unlawful for any person to divulge specific investigative information pertaining to activities related to organized crime which he or she has obtained by reason of public
employment with the state of Washington or its political subdivisions unless such person is authorized or required to do so
by operation of state or federal law.
(b) Any person violating (a) of this subsection is guilty
of a class B felony punishable according to chapter 9A.20
RCW.
(2) Except as provided in RCW 43.43.854, or pursuant to
the rules of the supreme court of Washington, all of the information and data collected and processed by the organized
crime intelligence unit shall be confidential and not subject to
examination or publication pursuant to chapter 42.17 RCW
(Initiative Measure No. 276).
(3) The chief of the Washington state patrol shall prescribe such standards and procedures relating to the security
of the records and files of the organized crime intelligence
unit, as he or she deems to be in the public interest with the
Washington State Patrol
advice of the governor and the board. [2003 c 53 § 230; 1973
1st ex.s. c 202 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
43.43.934
43.43.934 State fire protection policy board—
Duties—Fire training and education master plan—Fire
protection master plan. Except for matters relating to the
statutory duties of the chief of the Washington state patrol
that are to be carried out through the director of fire protection, the board shall have the responsibility of developing a
comprehensive state policy regarding fire protection services.
In carrying out its duties, the board shall:
(1)(a) Adopt a state fire training and education master
plan that allows to the maximum feasible extent for negotiated agreements: (i) With the state board for community and
technical colleges to provide academic, vocational, and field
training programs for the fire service and (ii) with the higher
education coordinating board and the state colleges and universities to provide instructional programs requiring
advanced training, especially in command and management
skills;
(b) Adopt minimum standards for each level of responsibility among personnel with fire suppression, prevention,
inspection, and investigation responsibilities that assure continuing assessment of skills and are flexible enough to meet
emerging technologies. With particular respect to training
for fire investigations, the master plan shall encourage cross
training in appropriate law enforcement skills. To meet special local needs, fire agencies may adopt more stringent
requirements than those adopted by the state;
(c) Cooperate with the common schools, technical and
community colleges, institutions of higher education, and any
department or division of the state, or of any county or
municipal corporation in establishing and maintaining
instruction in fire service training and education in accordance with any act of congress and legislation enacted by the
legislature in pursuance thereof and in establishing, building,
and operating training and education facilities.
Industrial fire departments and private fire investigators
may participate in training and education programs under this
chapter for a reasonable fee established by rule;
(d) Develop and adopt a master plan for constructing,
equipping, maintaining, and operating necessary fire service
training and education facilities subject to the provisions of
chapter 43.19 RCW;
(e) Develop and adopt a master plan for the purchase,
lease, or other acquisition of real estate necessary for fire service training and education facilities in a manner provided by
law; and
(f) Develop and adopt a plan with a goal of providing fire
fighter one and wildland training, as defined by the board, to
all fire fighters in the state. Wildland training reimbursement
will be provided if a fire protection district or a city fire
department has and is fulfilling their interior attack policy or
if they do not have an interior attack policy. The plan will
include a reimbursement for fire protection districts and city
fire departments of not less than three dollars for every hour
of fire fighter one or wildland training. The Washington state
patrol shall not provide reimbursement for more than two
43.43.934
hundred hours of fire fighter one or wildland training for each
fire fighter trained.
(2) In addition to its responsibilities for fire service training, the board shall:
(a) Adopt a state fire protection master plan;
(b) Monitor fire protection in the state and develop
objectives and priorities to improve fire protection for the
state's citizens including: (i) The comprehensiveness of state
and local inspections required by law for fire and life safety;
(ii) the level of skills and training of inspectors, as well as
needs for additional training; and (iii) the efforts of local,
regional, and state inspection agencies to improve coordination and reduce duplication among inspection efforts;
(c) Establish and promote state arson control programs
and ensure development of local arson control programs;
(d) Provide representation for local fire protection services to the governor in state-level fire protection planning
matters such as, but not limited to, hazardous materials control;
(e) Recommend to the adjutant general rules on minimum information requirements of automatic location identification for the purposes of enhanced 911 emergency service;
(f) Seek and solicit grants, gifts, bequests, devises, and
matching funds for use in furthering the objectives and duties
of the board, and establish procedures for administering
them;
(g) Promote mutual aid and disaster planning for fire services in this state;
(h) Assure the dissemination of information concerning
the amount of fire damage including that damage caused by
arson, and its causes and prevention; and
(i) Implement any legislation enacted by the legislature
to meet the requirements of any acts of congress that apply to
this section.
(3) In carrying out its statutory duties, the board shall
give particular consideration to the appropriate roles to be
played by the state and by local jurisdictions with fire protection responsibilities. Any determinations on the division of
responsibility shall be made in consultation with local fire
officials and their representatives.
To the extent possible, the board shall encourage development of regional units along compatible geographic, population, economic, and fire risk dimensions. Such regional
units may serve to: (a) Reinforce coordination among state
and local activities in fire service training, reporting, inspections, and investigations; (b) identify areas of special need,
particularly in smaller jurisdictions with inadequate
resources; (c) assist the state in its oversight responsibilities;
(d) identify funding needs and options at both the state and
local levels; and (e) provide models for building local capacity in fire protection programs. [2003 c 316 § 1. Prior: 1999
c 117 § 1; 1999 c 24 § 3; 1998 c 245 § 65; prior: 1995 c 369
§ 16; 1995 c 243 § 11; 1993 c 280 § 69; 1986 c 266 § 56. Formerly RCW 43.63A.320.]
Findings—1999 c 24: See note following RCW 38.52.505.
Application—Effective date—1995 c 369: See notes following RCW
43.43.930.
Effective date—1995 c 243 § 11: "Section 11 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take
effect July 1, 1995." [1995 c 243 § 13.]
[2003 RCW Supp—page 565]
43.43.944
Title 43 RCW: State Government—Executive
Findings—Severability—1995 c 243: See notes following RCW
80.36.555.
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Severability—1986 c 266: See note following RCW 38.52.005.
43.43.944
43.43.944 Fire service training account. (1) The fire
service training account is hereby established in the state
treasury. The fund shall consist of:
(a) All fees received by the Washington state patrol for
fire service training;
(b) All grants and bequests accepted by the Washington
state patrol under RCW 43.43.940; and
(c) Twenty percent of all moneys received by the state on
fire insurance premiums.
(2) Moneys in the account may be appropriated only for
fire service training. During the 2003-2005 fiscal biennium,
the legislature may appropriate funds from this account for
school fire prevention activities within the Washington state
patrol. [2003 1st sp.s. c 25 § 919; 1999 c 117 § 2; 1995 c 369
§ 21; 1986 c 266 § 61. Formerly RCW 43.63A.370.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Application—Effective date—1995 c 369: See notes following RCW
43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
"STATE FIRE SERVICE MOBILIZATION"
43.43.960
43.43.960 State fire service mobilization—Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this subchapter.
(1) "Chief" means the chief of the Washington state
patrol.
(2) "State fire marshal" means the director of fire protection in the Washington state patrol.
(3) "Fire chief" includes the chief officer of a statutorily
authorized fire agency, or the fire chief's authorized representative. Also included are the department of natural resources
fire control chief, and the department of natural resources
regional managers.
(4) "Jurisdiction" means state, county, city, fire district,
or port district fire fighting units, or other units covered by
this chapter.
(5) "Mobilization" means that fire fighting resources
beyond those available through existing agreements will be
requested and, when available, sent in response to an emergency or disaster situation that has exceeded the capabilities
of available local resources. During a large scale emergency,
mobilization includes the redistribution of regional or statewide fire fighting resources to either direct emergency incident assignments or to assignment in communities where fire
fighting resources are needed.
When mobilization is declared and authorized as provided in this chapter, all fire fighting resources including
those of the host fire protection authorities, i.e. incident jurisdiction, shall be deemed as mobilized under this chapter,
including those that responded earlier under existing mutual
aid or other agreement. All nonhost fire protection authorities providing fire fighting resources in response to a mobilization declaration shall be eligible for expense reimburse[2003 RCW Supp—page 566]
ment as provided by this chapter from the time of the mobilization declaration.
This chapter shall not reduce or suspend the authority or
responsibility of the department of natural resources under
chapter 76.04 RCW.
(6) "Mutual aid" means emergency interagency assistance provided without compensation under an agreement
between jurisdictions under chapter 39.34 RCW. [2003 c
405 § 1; 1997 c 49 § 8. Prior: 1995 c 391 § 5; 1995 c 369 §
10; 1992 c 117 § 9. Formerly RCW 38.54.010.]
Effective date—1995 c 391: See note following RCW 38.52.005.
Effective date—1995 c 369: See note following RCW 43.43.930.
Findings—1992 c 117: See note following RCW 35.21.775.
43.43.961
43.43.961 State fire service mobilization—Legislative declaration and intent. Because of the possibility of
the occurrence of disastrous fires or other disasters of unprecedented size and destructiveness, the need to insure that the
state is adequately prepared to respond to such a fire or disaster, the need to establish a mechanism and a procedure to provide for reimbursement to state agencies and local fire fighting agencies that respond to help others in time of need or to
a host fire district that experiences expenses beyond the
resources of the fire district, and generally to protect the public peace, health, safety, lives, and property of the people of
Washington, it is hereby declared necessary to:
(1) Provide the policy and organizational structure for
large scale mobilization of fire fighting resources in the state
through creation of the Washington state fire services mobilization plan;
(2) Confer upon the chief the powers provided herein;
(3) Provide a means for reimbursement to state agencies
and local fire jurisdictions that incur expenses when mobilized by the chief under the Washington state fire services
mobilization plan; and
(4) Provide for reimbursement of the host fire department or fire protection district when it has: (a) Exhausted all
of its resources; and (b) invoked its local mutual aid network
and exhausted those resources. Upon implementation of state
fire mobilization, the host district resources shall become
state fire mobilization resources consistent with the fire
mobilization plan.
It is the intent of the legislature that mutual aid and other
interlocal agreements providing for enhanced emergency
response be encouraged as essential to the public peace,
safety, health, and welfare, and for the protection of the lives
and property of the people of the state of Washington. If possible, mutual aid agreements should be without stated limitations as to resources available, time, or area. Nothing in this
chapter shall be construed or interpreted to limit the eligibility of any nonhost fire protection authority for reimbursement
of expenses incurred in providing fire fighting resources for
mobilization. [2003 c 405 § 2; 1997 c 49 § 9; 1995 c 391 § 6;
1992 c 117 § 10. Formerly RCW 38.54.020.]
Effective date—1995 c 391: See note following RCW 38.52.005.
Findings—1992 c 117: See note following RCW 35.21.775.
43.43.962
43.43.962 State fire service mobilization—State fire
protection policy board—State fire services mobilization
plan—State fire resources coordinator. The state fire pro-
Washington State Patrol
tection policy board shall review and make recommendations
to the chief on the refinement and maintenance of the Washington state fire services mobilization plan, which shall
include the procedures to be used during fire and other emergencies for coordinating local, regional, and state fire jurisdiction resources. In carrying out this duty, the fire protection policy board shall consult with and solicit recommendations from representatives of state and local fire and
emergency management organizations, regional fire defense
boards, and the department of natural resources. The Washington state fire services mobilization plan shall be consistent
with, and made part of, the Washington state comprehensive
emergency management plan. The chief shall review the fire
services mobilization plan as submitted by the fire protection
policy board, recommend changes that may be necessary, and
approve the fire services mobilization plan for inclusion
within the state comprehensive emergency management plan.
It is the responsibility of the chief to mobilize jurisdictions under the Washington state fire services mobilization
plan. The state fire marshal shall serve as the state fire
resources coordinator when the Washington state fire services mobilization plan is mobilized. [2003 c 405 § 3; 1997
c 49 § 10; 1995 c 269 § 1101; 1992 c 117 § 11. Formerly
RCW 38.54.030.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
Findings—1992 c 117: See note following RCW 35.21.775.
43.43.963
43.43.963 State fire service mobilization—Regional
fire defense boards—Regional fire service plans—
Regions established. Regions within the state are initially
established as follows but may be adjusted as necessary by
the state fire marshal:
(1) Northwest region - Whatcom, Skagit, Snohomish,
San Juan, and Island counties;
(2) Northeast region - Okanogan, Ferry, Stevens, Pend
Oreille, Spokane, and Lincoln counties;
(3) Olympic region - Clallam and Jefferson counties;
(4) South Puget Sound region - Kitsap, Mason, King,
and Pierce counties;
(5) Southeast region - Chelan, Douglas, Kittitas, Grant,
Adams, Whitman, Yakima, Klickitat, Benton, Franklin,
Walla Walla, Columbia, Garfield, and Asotin counties;
(6) Central region - Grays Harbor, Thurston, Pacific, and
Lewis counties; and
(7) Southwest region - Wahkiakum, Cowlitz, Clark, and
Skamania counties.
Within each of these regions there is created a regional
fire defense board. The regional fire defense boards shall
consist of two members from each county in the region. One
member from each county shall be appointed by the county
fire chiefs' association or, in the event there is no such county
association, by the county's legislative authority. Each
county's office of emergency management or, in the event
there is no such office, the county's legislative authority shall
select the second representative to the regional board. The
department of natural resources fire control chief shall
appoint a representative from each department of natural
resources region to serve as a member of the appropriate
regional fire defense board. Members of each regional board
43.43.970
will select a chairperson and secretary as officers. Members
serving on the regional boards do so in a voluntary capacity
and are not eligible for reimbursement for meeting-related
expenses from the state.
Regional defense boards shall develop regional fire service plans that include provisions for organized fire agencies
to respond across municipal, county, or regional boundaries.
Each regional plan shall be consistent with the incident command system, the Washington state fire services mobilization
plan, and regional response plans already adopted and in use
in the state. The regional boards shall work with the relevant
local government entities to facilitate development of intergovernmental agreements if any such agreements are
required to implement a regional fire service plan. Each
regional plan shall be approved by the fire protection policy
board before implementation. [1997 c 49 § 11; 1992 c 117 §
12. Formerly RCW 38.54.040.]
Findings—1992 c 117: See note following RCW 35.21.775.
43.43.964
43.43.964 State fire service mobilization—Development of reimbursement procedures. The Washington state
patrol in consultation with the office of financial management and the Washington military department shall develop
procedures to facilitate reimbursement to state agencies and
jurisdictions from appropriate federal and state funds when
state agencies and jurisdictions are mobilized by the chief
under the Washington state fire services mobilization plan.
The Washington state patrol shall ensure that these procedures provide reimbursement to the host district in as timely
a manner as possible. [2003 c 405 § 4; 1997 c 49 § 12; 1995
c 391 § 7; 1992 c 117 § 13. Formerly RCW 38.54.050.]
Effective date—1995 c 391: See note following RCW 38.52.005.
Findings—1992 c 117: See note following RCW 35.21.775.
43.43.970
43.43.970 Law enforcement mobilization—Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Agency" means any general purpose law enforcement agency as defined in RCW 10.93.020.
(2) "Board" means the state law enforcement mobilization policy board.
(3) "Chief" means the chief of the Washington state
patrol.
(4) "Chief law enforcement officer" means the chief of
police or sheriff responsible for law enforcement services in
the jurisdiction in which the emergency is occurring.
(5) "General authority Washington peace officer" means
a general authority Washington peace officer as defined in
RCW 10.93.020.
(6) "Host agency" means the law enforcement agency
that requests statewide mobilization under RCW 43.43.970
through 43.43.975.
(7) "Mobilization" means a redistribution of regional and
statewide law enforcement resources in response to an emergency or disaster situation.
(8) "Mutual aid" means emergency interagency assistance provided without compensation pursuant to an agreement under chapter 39.34 RCW.
[2003 RCW Supp—page 567]
43.43.971
Title 43 RCW: State Government—Executive
(9) "Resource coordination" means the effort to locate
and arrange for the delivery of resources needed by chief law
enforcement officers.
(10) "State law enforcement resource coordinator"
means a designated individual or agency selected by the chief
to perform the responsibilities of that position. [2003 c 405 §
6.]
Legislative declaration and intent—2003 c 405: "(1) Because of the
possibility of a disaster of unprecedented size and destruction, including acts
of domestic terrorism and civil unrest, that requires law enforcement
response for the protection of persons or property and preservation of the
peace, the need exists to ensure that the state is adequately prepared to
respond to such an incident. There is a need to (a) establish a mechanism and
a procedure to provide for reimbursement to law enforcement agencies that
respond to help others in time of need, and to host law enforcement agencies
that experience expenses beyond the resources of the agencies; and (b) generally to protect the public safety, peace, health, lives, and property of the
people of Washington.
(2) It is hereby declared necessary to:
(a) Provide the policy and organizational structure for large-scale
mobilization of law enforcement resources in the state, using the incident
command system, through creation of the Washington state law enforcement
mobilization plan;
(b) Confer upon the chief of the Washington state patrol the powers
provided in this chapter;
(c) Provide a means for reimbursement to law enforcement jurisdictions that incur expenses when mobilized by the chief under the Washington
state law enforcement mobilization plan; and
(d) Provide for reimbursement of the host law enforcement agency
when it has:
(i) Exhausted all of its resources; and
(ii) Invoked its local mutual aid network and exhausted those
resources." [2003 c 405 § 5.]
43.43.971
43.43.971 Law enforcement mobilization—State law
enforcement mobilization policy board—State law
enforcement mobilization plan. (1) The state law enforcement mobilization policy board shall be established by the
chief and shall have representatives from each of the regions
established in RCW 43.43.974. In carrying out its duty, the
board shall consult with and solicit recommendations from
representatives of the state and local law enforcement and
emergency management organizations, and regional law
enforcement mobilization committees.
(2) The board shall establish and make recommendations
to the chief on the refinement and maintenance of the Washington state law enforcement mobilization plan, including the
procedures to be used during an emergency or disaster
response requiring coordination of local, regional, and state
law enforcement resources.
(3) The chief shall review the Washington state law
enforcement mobilization plan, as submitted by the board,
recommend changes as necessary, and may approve the plan.
The plan shall be consistent with the Washington state comprehensive emergency management plan. The chief may recommend the plan for inclusion within the state comprehensive emergency management plan established under chapter
38.52 RCW. [2003 c 405 § 7.]
43.43.972
43.43.972 Law enforcement mobilization—Local law
enforcement request for mobilization—State law enforcement resource coordinator—Mobilization response—
Declaration of end of mobilization. (1) Local law enforcement may request mobilization only in response to an emergency or disaster exceeding the capabilities of available local
[2003 RCW Supp—page 568]
resources and those available through existing mutual aid
agreements. Upon finding that the local jurisdiction has
exhausted all available resources, it is the responsibility of
the chief to determine whether mobilization is the appropriate
response to the emergency or disaster and, if so, to mobilize
jurisdictions under the Washington state law enforcement
mobilization plan.
(2) Upon mobilization, the chief shall appoint a state law
enforcement resource coordinator, and an alternate, who shall
serve jointly with the chief law enforcement officer from the
host agency to command the mobilization effort consistent
with incident command system procedures.
(3) Upon mobilization, all law enforcement resources
including those of the host agency and those that responded
earlier under an existing mutual aid or other agreement shall
be mobilized. Mobilization may include the redistribution of
regional or statewide law enforcement resources to either
direct emergency incident assignments or to assignments in
communities where law enforcement resources are needed.
(4) For the duration of the mobilization:
(a) Host agency resources shall become state law
enforcement mobilization resources, under the command of
the state law enforcement resource coordinator and the chief
law enforcement officer from the host agency, consistent
with the state law enforcement mobilization plan and incident
command system procedures; and
(b) All law enforcement authorities providing resources
in response to a mobilization declaration shall be eligible for
expense reimbursement as provided by this chapter.
(5) The chief, in consultation with the regional law
enforcement resource coordinator, shall determine when
mobilization is no longer required and shall then declare the
end to the mobilization. [2003 c 405 § 8.]
43.43.973
43.43.973 State law enforcement mobilization—State
law enforcement coordinator—Duties. (1) The state law
enforcement resource coordinator, or alternate, shall serve in
that capacity for the duration of the mobilization.
(2) The duties of the coordinator are to:
(a) Coordinate the mobilization of law enforcement and
other support resources within a region;
(b) Be primarily responsible for the coordination of
resources in conjunction with the regional law enforcement
mobilization committees, in the case of incidents involving
more than one region or when resources from more than one
region must be mobilized; and
(c) Advise and consult with the chief regarding what
resources are required in response to the emergency or disaster and in regard to when the mobilization should end. [2003
c 405 § 9.]
43.43.974
43.43.974 State law enforcement mobilization—
Regions established—Regional law enforcement mobilization committees—Regional law enforcement mobilization plans. (1) Regions within the state are initially established as follows and may be adjusted as necessary by the
state law enforcement policy board, but should remain consistent with the Washington state fire defense regions:
(a) Central region - Grays Harbor, Thurston, Pacific, and
Lewis counties;
Operating Agencies
(b) Lower Columbia region - Kittitas, Yakima, and Klickitat counties;
(c) Mid-Columbia region - Chelan, Douglas, and Grant
counties;
(d) Northeast region - Okanogan, Ferry, Stevens, Pend
Oreille, Spokane, Adams, and Lincoln counties;
(e) Northwest region - Whatcom, Skagit, Snohomish,
San Juan, and Island counties;
(f) Olympic region - Clallam and Jefferson counties;
(g) South Puget Sound region - Kitsap, Mason, King,
and Pierce counties;
(h) Southeast region - Benton, Franklin, Walla Walla,
Columbia, Whitman, Garfield, and Asotin counties;
(i) Southwest region - Wahkiakum, Cowlitz, Clark, and
Skamania counties.
(2) Within each of the regions there is created a regional
law enforcement mobilization committee. The committees
shall consist of the sheriff of each county in the region, the
district commander of the Washington state patrol from the
region, a number of police chiefs within the region equivalent
to the number of counties within the region plus one, and the
director of the counties' emergency management office. The
police chief members of each regional committee must
include the chiefs of police of each city of ninety-five thousand or more population, and the number of members of the
committee shall be increased if necessary to accommodate
such chiefs. Members of each regional mobilization committee shall select a chair, who shall have authority to implement
the regional plan, and a secretary as officers. Members serving on the regional mobilization committees shall not be eligible for reimbursement for meeting-related expenses from
the state.
(3) The regional mobilization committees shall work
with the relevant local government entities to facilitate development of intergovernmental agreements if any such agreements are required to implement a regional law enforcement
mobilization plan.
(4) Regional mobilization committees shall develop
regional law enforcement mobilization plans that include
provisions for organized law enforcement agencies to
respond across municipal, county, or regional boundaries.
Each regional mobilization plan shall be consistent with the
incident command system, the Washington state law enforcement mobilization plan, and regional response plans adopted
prior to July 27, 2003.
(5) Each regional plan adopted under subsection (4) of
this section shall be approved by the state law enforcement
mobilization policy board before implementation. [2003 c
405 § 10.]
43.63A.135
authority for reimbursement of expenses incurred in providing law enforcement resources for mobilization. [2003 c 405
§ 11.]
Chapter 43.52
Chapter 43.52 RCW
OPERATING AGENCIES
Sections
43.52.440
43.52.595
Effect of chapter on "Columbia River Sanctuary Act."
Contracts for electric power and energy.
43.52.440
43.52.440 Effect of chapter on "Columbia River
Sanctuary Act." Nothing contained in this chapter shall be
construed to amend, modify or repeal in any manner RCW
77.55.160, commonly known as the "Columbia River Sanctuary Act", and all matter herein contained shall be expressly
subject to such act. [2003 c 39 § 26; 1983 1st ex.s. c 46 § 178;
1965 c 8 § 43.52.440. Prior: 1953 c 281 § 23.]
43.52.595
43.52.595 Contracts for electric power and energy. A
city or district may contract to purchase from an operating
agency electric power and energy required for its present or
future requirements. For projects the output of which is limited to qualified alternative energy resources as defined by
RCW 19.29A.090(3), the contract may include the purchase
of capability of the projects to produce electricity in addition
to the actual output of the projects. The contract may provide
that the city or district must make the payments required by
the contract whether or not a project is completed, operable,
or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a
project or the power and energy contracted for. The contract
may also provide that payments under the contract are not
subject to reduction, whether by offset or otherwise, and shall
not be conditioned upon the performance or nonperformance
of the operating agency or a city or district under the contract
or other instrument. [2003 c 138 § 1.]
Chapter 43.63A
Chapter 43.63A RCW
DEPARTMENT OF COMMUNITY, TRADE, AND
ECONOMIC DEVELOPMENT
(Formerly: Department of community development)
Sections
43.63A.135 Nonresidential youth services facilities—Competitive process—Recommendations to legislature for funding.
43.63A.760 Airport impact mitigation account—Creation—Report.
43.63A.135
43.43.975
43.43.975 State law enforcement mobilization—
Development of reimbursement procedures—Eligibility
of nonhost law enforcement authority for reimbursement.
The state patrol in consultation with the Washington association of sheriffs and police chiefs and the office of financial
management shall develop procedures to facilitate reimbursement to jurisdictions from funds appropriated specifically for this purpose when jurisdictions are mobilized under
the Washington state law enforcement mobilization plan.
Nothing in this chapter shall be construed or interpreted
to limit the eligibility of any nonhost law enforcement
43.63A.135 Nonresidential youth services facilities—
Competitive process—Recommendations to legislature
for funding. (1) The department of community, trade, and
economic development must establish a competitive process
to solicit proposals for and prioritize projects whose primary
objective is to assist nonprofit youth organizations in acquiring, constructing, or rehabilitating facilities used for the
delivery of nonresidential services, excluding outdoor athletic fields.
(2) The department of community, trade, and economic
development must establish a competitive process to prioritize applications for the assistance as follows:
[2003 RCW Supp—page 569]
43.63A.760
Title 43 RCW: State Government—Executive
(a) The department of community, trade, and economic
development must conduct a statewide solicitation of project
applications from local governments, nonprofit organizations, and other entities, as determined by the department of
community, trade, and economic development. The department of community, trade, and economic development must
evaluate and rank applications in consultation with a citizen
advisory committee using objective criteria. Projects must
have a major recreational component, and must have either
an educational or social service component. At a minimum,
applicants must demonstrate that the requested assistance
will increase the efficiency or quality of the services it provides to youth. The evaluation and ranking process must also
include an examination of existing assets that applicants may
apply to projects. Grant assistance under this section may not
exceed twenty-five percent of the total cost of the project.
The nonstate portion of the total project cost may include
cash, the value of real property when acquired solely for the
purpose of the project, and in-kind contributions.
(b) The department of community, trade, and economic
development must submit a prioritized list of recommended
projects to the governor and the legislature in the department
of community, trade, and economic development's biennial
capital budget request beginning with the 2005-2007 biennium and thereafter. The list must include a description of
each project, the amount of recommended state funding, and
documentation of nonstate funds to be used for the project.
The total amount of recommended state funding for projects
on a biennial project list must not exceed two million dollars.
The department of community, trade, and economic development may provide an additional alternate project list that
must not exceed five hundred thousand dollars. The department of community, trade, and economic development may
not sign contracts or otherwise financially obligate funds
under this section until the legislature has approved a specific
list of projects.
(c) In contracts for grants authorized under this section
the department of community, trade, and economic development must include provisions that require that capital
improvements be held by the grantee for a specified period of
time appropriate to the amount of the grant and that facilities
be used for the express purpose of the grant. If the grantee is
found to be out of compliance with provisions of the contract,
the grantee must repay to the state general fund the principal
amount of the grant plus interest calculated at the rate of
interest on state of Washington general obligation bonds
issued most closely to the date of authorization of the grant.
[2003 1st sp.s. c 7 § 2.]
the port of Seattle for purposes of this section, may be used
only for airport mitigation purposes as provided in this section. Only the director of the department of community,
trade, and economic development or the director's designee
may authorize expenditures from the account. The account is
subject to allotment procedures under chapter 43.88 RCW,
but an appropriation is not required for expenditures.
(2) The department of community, trade, and economic
development shall establish a competitive process to prioritize applications for airport impact mitigation assistance
through the account created in subsection (1) of this section.
The department shall conduct a solicitation of project applications in the airport impact area as defined in subsection (4)
of this section. Eligible applicants include public entities
such as cities, counties, schools, parks, fire districts, and shall
include organizations eligible to apply for grants under RCW
43.63A.125. The department of community, trade, and economic development shall evaluate and rank applications in
conjunction with the airport impact mitigation advisory board
established in subsection (3) of this section using objective
criteria developed by the department in conjunction with the
airport impact mitigation advisory board. At a minimum, the
criteria must consider: The extent to which the applicant is
impacted by the airport; and the other resources available to
the applicant to mitigate the impact, including other mitigation funds. The director of the department of community,
trade, and economic development shall award grants annually to the extent funds are available in the account created in
subsection (1) of this section.
(3) The director of the department of community, trade,
and economic development shall establish the airport impact
mitigation advisory board comprised of persons in the airport
impact area to assist the director in developing criteria and
ranking applications under this section. The advisory board
shall include representation of local governments, the public
in general, businesses, schools, community services organizations, parks and recreational activities, and others at the
discretion of the director. The advisory board shall be
weighted toward those communities closest to the airport that
are more adversely impacted by airport activities.
(4) The airport impact area includes the incorporated
areas of Burien, Normandy Park, Des Moines, SeaTac, Tukwilla, Kent, and Federal Way, and the unincorporated portion
of west King county.
(5) The department of community, trade, and economic
development shall report on its activities related to the
account created in this section by January 1, 2004, and each
January 1st thereafter. [2003 1st sp.s. c 26 § 928.]
Findings—2003 1st sp.s. c 7: "The legislature finds that nonprofit
youth organizations provide a variety of services for the youth of Washington state, including many services that enable young people, especially those
facing challenging and disadvantaged circumstances, to realize their full
potential as productive, responsible, and caring citizens. The legislature also
finds that the efficiency and quality of these services may be enhanced by the
provision of safe, reliable, and sound facilities, and that, in certain cases, it
may be appropriate for the state to assist in the development of these facilities." [2003 1st sp.s. c 7 § 1.]
Severability—Effective dates—2003 1st sp.s. c 26: See notes following RCW 43.135.045.
Chapter 43.70
DEPARTMENT OF HEALTH
Sections
43.70.185
43.63A.760
43.63A.760 Airport impact mitigation account—
Creation—Report. (1) The airport impact mitigation
account is created in the custody of the state treasury. Moneys deposited in the account, including moneys received from
[2003 RCW Supp—page 570]
Chapter 43.70 RCW
43.70.630
43.70.670
43.70.680
Inspection of property where marine species located—Prohibitions on harvest or landing—Penalties. (Effective July 1,
2004.)
Cost-reimbursement agreements.
Human immunodeficiency virus insurance program.
Volunteers for emergency or disaster assistance.
Department of Health
43.70.670
43.70.185
43.70.185 Inspection of property where marine species located—Prohibitions on harvest or landing—Penalties. (Effective July 1, 2004.) (1) The department may enter
and inspect any property, lands, or waters, of this state in or
on which any marine species are located or from which such
species are harvested, whether recreationally or for sale or
barter, and any land or water of this state which may cause or
contribute to the pollution of areas in or on which such species are harvested or processed. The department may take
any reasonably necessary samples to determine whether such
species or any lot, batch, or quantity of such species is safe
for human consumption.
(2) If the department determines that any species or any
lot, batch, or other quantity of such species is unsafe for
human consumption because consumption is likely to cause
actual harm or because consumption presents a potential risk
of substantial harm, the department may, by order under
chapter 34.05 RCW, prohibit or restrict the commercial or
recreational harvest or landing of any marine species except
the recreational harvest of shellfish as defined in chapter
69.30 RCW if taken from privately owned tidelands.
(3) It is unlawful to harvest any marine species in violation of a departmental order prohibiting or restricting such
harvest under this section or to possess or sell any marine
species so harvested.
(4)(a) Any person who sells any marine species taken in
violation of this section is guilty of a gross misdemeanor and
subject to the penalties provided in RCW 69.30.140 and
69.30.150.
(b) Any person who harvests or possesses marine species
taken in violation of this section is guilty of a civil infraction
and is subject to the penalties provided in RCW 69.30.150.
(c) Notwithstanding this section, any person who harvests, possesses, sells, offers to sell, culls, shucks, or packs
shellfish is subject to the penalty provisions of chapter 69.30
RCW.
(d) Charges shall not be brought against a person under
both chapter 69.30 RCW and this section in connection with
this same action, incident, or event.
(5) The criminal provisions of this section are subject to
enforcement by fish and wildlife officers or ex officio fish
and wildlife officers as defined in RCW 77.08.010.
(6) As used in this section, marine species include all
fish, invertebrate or plant species which are found during any
portion of the life cycle of those species in the marine environment. [2003 c 53 § 231; 2001 c 253 § 2; 1995 c 147 § 7.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
43.70.630
43.70.630 Cost-reimbursement agreements. (1) The
department may enter into a written cost-reimbursement
agreement with a permit applicant to recover from the applicant the reasonable costs incurred by the department in carrying out the requirements of this chapter, as well as the
requirements of other relevant laws, as they relate to permit
coordination, environmental review, application review,
technical studies, and permit processing. The cost-reimbursement agreement shall identify the specific tasks, costs,
and schedule for work to be conducted under the agreement.
(2) The written cost-reimbursement agreement shall be
negotiated with the permit applicant. Under the provisions of
a cost-reimbursement agreement, funds from the applicant
shall be used by the department to contract with an independent consultant to carry out the work covered by the costreimbursement agreement. The department may also use
funds provided under a cost-reimbursement agreement to
assign current staff to review the work of the consultant, to
provide necessary technical assistance when an independent
consultant with comparable technical skills is unavailable,
and to recover reasonable and necessary direct and indirect
costs that arise from processing the permit. The department
shall, in developing the agreement, ensure that final decisions
that involve policy matters are made by the agency and not by
the consultant. The department shall make an estimate of the
number of permanent staff hours to process the permits, and
shall contract with consultants to replace the time and functions committed by these permanent staff to the project. The
billing process shall provide for accurate time and cost
accounting and may include a billing cycle that provides for
progress payments. Use of cost-reimbursement agreements
shall not reduce the current level of staff available to work on
permits not covered by cost-reimbursement agreements. The
department may not use any funds under a cost-reimbursement agreement to replace or supplant existing funding. The
restrictions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a
cost-reimbursement agreement.
(3) The department may not enter into any new costreimbursement agreements on or after July 1, 2007. The
department may continue to administer any cost-reimbursement agreement that was entered into before July 1, 2007,
until the project is completed. [2003 c 70 § 3; 2000 c 251 §
4.]
Intent—Captions not law—Effective date—2000 c 251: See notes
following RCW 43.21A.690.
43.70.670
43.70.670 Human immunodeficiency virus insurance
program. (1) "Human immunodeficiency virus insurance
program," as used in this section, means a program that provides health insurance coverage for individuals with human
immunodeficiency virus, as defined in RCW 70.24.017(7),
who are not eligible for medical assistance programs from the
department of social and health services as defined in RCW
74.09.010(8) and meet eligibility requirements established by
the department of health.
(2) The department of health may pay for health insurance coverage on behalf of persons with human immunodeficiency virus, who meet department eligibility requirements,
and who are eligible for "continuation coverage" as provided
by the federal consolidated omnibus budget reconciliation act
of 1985, group health insurance policies, or individual policies. The number of insurance policies supported by this program in the Washington state health insurance pool as
defined in RCW 48.41.030(18) shall not grow beyond the
July 1, 2003, level. [2003 c 274 § 2.]
Rules—2003 c 274: "The department of health shall adopt rules to
implement this act." [2003 c 274 § 3.]
Effective date—2003 c 274: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 274 § 4.]
[2003 RCW Supp—page 571]
43.70.680
Title 43 RCW: State Government—Executive
43.70.680
43.70.680 Volunteers for emergency or disaster assistance. (1) The department is authorized to contact persons
issued credentials under this title for the purpose of requesting permission to collect his or her name, profession, and
contact information as a possible volunteer in the event of a
bioterrorism incident, natural disaster, public health emergency, or other emergency or disaster, as defined in RCW
38.52.010, that requires the services of health care providers.
(2) The department shall maintain a record of all volunteers who provide information under subsection (1) of this
section. Upon request, the department shall provide the
record of volunteers to:
(a) Local health departments;
(b) State agencies engaged in public health emergency
planning and response, including the state military department;
(c) Agencies of other states responsible for public health
emergency planning and response; and
(d) The centers for disease control and prevention. [2003
c 384 § 1.]
Chapter 43.72 RCW
HEALTH SYSTEM REFORM—HEALTH
SERVICES COMMISSION
Chapter 43.72
Sections
43.72.900
Health services account.
43.72.900
43.72.900 Health services account. (1) The health services account is created in the state treasury. Moneys in the
account may be spent only after appropriation. Subject to the
transfers described in subsection (3) of this section, moneys
in the account may be expended only for maintaining and
expanding health services access for low-income residents,
maintaining and expanding the public health system, maintaining and improving the capacity of the health care system,
containing health care costs, and the regulation, planning, and
administering of the health care system.
(2) Funds deposited into the health services account
under RCW 82.24.028 and 82.26.028 shall be used solely as
follows:
(a) Five million dollars for the state fiscal year beginning
July 1, 2002, and five million dollars for the state fiscal year
beginning July 1, 2003, shall be appropriated by the legislature for programs that effectively improve the health of lowincome persons, including efforts to reduce diseases and illnesses that harm low-income persons. The department of
health shall submit a report to the legislature on March 1,
2002, evaluating the cost-effectiveness of programs that
improve the health of low-income persons and address diseases and illnesses that disproportionately affect low-income
persons, and making recommendations to the legislature on
which of these programs could most effectively utilize the
funds appropriated under this subsection.
(b) Ten percent of the funds deposited into the health services account under RCW 82.24.028 and 82.26.028 remaining after the appropriation under (a) of this subsection shall
be transferred no less frequently than annually by the treasurer to the tobacco prevention and control account established by RCW 43.79.480. The funds transferred shall be
used exclusively for implementation of the Washington state
[2003 RCW Supp—page 572]
tobacco prevention and control plan and shall be used only to
supplement, and not supplant, funds in the tobacco prevention and control account as of January 1, 2001, however,
these funds may be used to replace funds appropriated by the
legislature for further implementation of the Washington
state tobacco prevention and control plan for the biennium
beginning July 1, 2001. For each state fiscal year beginning
on and after July 1, 2002, the legislature shall appropriate no
less than twenty-six million two hundred forty thousand dollars from the tobacco prevention and control account for
implementation of the Washington state tobacco prevention
and control plan.
(c) Because of its demonstrated effectiveness in improving the health of low-income persons and addressing illnesses
and diseases that harm low-income persons, the remainder of
the funds deposited into the health services account under
RCW 82.24.028 and 82.26.028 shall be appropriated solely
for Washington basic health plan enrollment as provided in
chapter 70.47 RCW. Funds appropriated under this subsection may be used to support outreach and enrollment activities only to the extent necessary to achieve the enrollment
goals described in this section.
(3) Prior to expenditure for the purposes described in
subsection (2) of this section, funds deposited into the health
services account under RCW 82.24.028 and 82.26.028 shall
first be transferred to the following accounts to ensure the
continued availability of previously dedicated revenues for
certain existing programs:
(a) To the violence reduction and drug enforcement
account under RCW 69.50.520, two million two hundred
forty-nine thousand five hundred dollars for the state fiscal
year beginning July 1, 2001, four million two hundred fortyeight thousand dollars for the state fiscal year beginning July
1, 2002, seven million seven hundred eighty-nine thousand
dollars for the biennium beginning July 1, 2003, six million
nine hundred thirty-two thousand dollars for the biennium
beginning July 1, 2005, and six million nine hundred thirtytwo thousand dollars for each biennium thereafter, as
required by RCW 82.24.020(2);
(b) To the health services account under this section,
nine million seventy-seven thousand dollars for the state fiscal year beginning July 1, 2001, seventeen million one hundred eighty-eight thousand dollars for the state fiscal year
beginning July 1, 2002, thirty-one million seven hundred
fifty-five thousand dollars for the biennium beginning July 1,
2003, twenty-eight million six hundred twenty-two thousand
dollars for the biennium beginning July 1, 2005, and twentyeight million six hundred twenty-two thousand dollars for
each biennium thereafter, as required by RCW 82.24.020(3);
and
(c) To the water quality account under RCW 70.146.030,
two million two hundred three thousand five hundred dollars
for the state fiscal year beginning July 1, 2001, four million
two hundred forty-four thousand dollars for the state fiscal
year beginning July 1, 2002, eight million one hundred
eighty-two thousand dollars for the biennium beginning July
1, 2003, seven million eight hundred eighty-five thousand
dollars for the biennium beginning July 1, 2005, and seven
million eight hundred eighty-five thousand dollars for each
biennium thereafter, as required by RCW 82.24.027(2)(a).
State Funds
During the 2001-2003 fiscal biennium, the legislature
may transfer from the health services account such amounts
as reflect the excess fund balance of the account. [2003 c 259
§ 1; 2002 c 371 § 909; 2002 c 2 § 2 (Initiative Measure No.
773, approved November 6, 2001); 1993 c 492 § 469.]
Retroactive application—2003 c 259: "This act is intended to apply
retroactively to January 1, 2002." [2003 c 259 § 2.]
Effective date—2003 c 259: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 12, 2003]." [2003 c 259 § 3.]
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Intent—2002 c 2 (Initiative Measure No. 773): See RCW 70.47.002.
Chapter 43.79
Chapter 43.79 RCW
STATE FUNDS
Sections
43.79.470
State patrol nonappropriated airplane revolving account.
43.79.470
43.79.470 State patrol nonappropriated airplane
revolving account. The state patrol nonappropriated airplane revolving account is created in the custody of the state
treasurer. All receipts from aircraft user fees paid by other
agencies and private users as reimbursement for the use of the
patrol's aircraft that are primarily for purposes other than
highway patrol must be deposited into the account. Expenditures from the account may be used only for expenses related
to these aircraft. Only the chief of the Washington state
patrol or the chief's designee may authorize expenditures
from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not
required for expenditures. [2003 c 360 § 1501.]
Severability—2003 c 360: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2003 c 360 § 1502.]
Effective date—2003 c 360: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 19, 2003]." [2003 c 360 § 1503.]
Chapter 43.79A
Chapter 43.79A RCW
TREASURER'S TRUST FUND
Sections
43.79A.040 Management—Income—Investment income account—Distribution.
43.79A.040
43.79A.040 Management—Income—Investment
income account—Distribution. (1) Money in the treasurer's
trust fund may be deposited, invested, and reinvested by the
state treasurer in accordance with RCW 43.84.080 in the
same manner and to the same extent as if the money were in
the state treasury.
(2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income
account.
(3) The investment income account may be utilized for
the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository,
43.79A.040
safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income
account is subject in all respects to chapter 43.88 RCW, but
no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings
set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer shall distribute the
earnings credited to the investment income account to the
state general fund except under (b) and (c) of this subsection.
(b) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's or
fund's average daily balance for the period: The Washington
promise scholarship account, the college savings program
account, the Washington advanced college tuition payment
program account, the agricultural local fund, the American
Indian scholarship endowment fund, the students with dependents grant account, the basic health plan self-insurance
reserve account, the contract harvesting revolving account,
the Washington state combined fund drive account, the
Washington international exchange scholarship endowment
fund, the developmental disabilities endowment trust fund,
the energy account, the fair fund, the fruit and vegetable
inspection account, the game farm alternative account, the
grain inspection revolving fund, the juvenile accountability
incentive account, the law enforcement officers' and fire
fighters' plan 2 expense fund, the local tourism promotion
account, the produce railcar pool account, the rural rehabilitation account, the stadium and exhibition center account, the
youth athletic facility account, the self-insurance revolving
fund, the sulfur dioxide abatement account, the children's
trust fund, and the *investing in innovation account. However, the earnings to be distributed shall first be reduced by
the allocation to the state treasurer's service fund pursuant to
RCW 43.08.190.
(c) The following accounts and funds shall receive
eighty percent of their proportionate share of earnings based
upon each account's or fund's average daily balance for the
period: The advanced right of way revolving fund, the
advanced environmental mitigation revolving account, the
city and county advance right-of-way revolving fund, the federal narcotics asset forfeitures account, the high occupancy
vehicle account, the local rail service assistance account, and
the miscellaneous transportation programs account.
(5) In conformance with Article II, section 37 of the state
Constitution, no trust accounts or funds shall be allocated
earnings without the specific affirmative directive of this section. [2003 c 403 § 9; 2003 c 313 § 10; 2003 c 191 § 7; 2003
c 148 § 15; 2003 c 92 § 8; 2003 c 19 § 12. Prior: 2002 c 322
§ 5; 2002 c 204 § 7; 2002 c 61 § 6; prior: 2001 c 201 § 4;
2001 c 184 § 4; 2000 c 79 § 45; prior: 1999 c 384 § 8; 1999
c 182 § 2; 1998 c 268 § 1; prior: 1997 c 368 § 8; 1997 c 289
§ 13; 1997 c 220 § 221 (Referendum Bill No. 48, approved
June 17, 1997); 1997 c 140 § 6; 1997 c 94 § 3; 1996 c 253 §
409; prior: 1995 c 394 § 2; 1995 c 365 § 1; prior: 1993 sp.s.
c 8 § 2; 1993 c 500 § 5; 1991 sp.s. c 13 § 82; 1973 1st ex.s. c
15 § 4.]
Reviser's note: *(1) The section creating the investing in innovation
account, 2003 c 403 § 3, was vetoed by the governor.
(2) This section was amended by 2003 c 19 § 12, 2003 c 92 § 8, 2003 c
148 § 15, 2003 c 191 § 7, 2003 c 313 § 10, and by 2003 c 403 § 9, each without reference to the other. All amendments are incorporated in the publica[2003 RCW Supp—page 573]
Chapter 43.84
Title 43 RCW: State Government—Executive
tion of this section under RCW 1.12.025(2). For rule of construction, see
RCW 1.12.025(1).
Intent—2003 c 403: See RCW 70.210.010.
Findings—Severability—2003 c 313: See notes following RCW
79.15.500.
Severability—Effective date—2003 c 92: See RCW 41.26.905 and
41.26.906.
Finding—Intent—Short title—Captions not law—2003 c 19: See
RCW 28B.133.005, 28B.133.900, and 28B.133.901.
Effective date—2002 c 322: See note following RCW 15.17.240.
Effective date—2002 c 204: See RCW 28B.119.900.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Intent—Captions not law—1999 c 384: See notes following RCW
43.330.200.
Findings—Intent—Rules adoption—Severability—Effective date—
1997 c 368: See notes following RCW 82.08.810.
Referendum—Other legislation limited—Legislators' personal
intent not indicated—Reimbursements for election—Voters' pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Intent—1997 c 140: See note following RCW 47.12.330.
Effective date—1997 c 94: See note following RCW 47.04.210.
Findings—Purpose—Severability—Part headings not law—1996 c
253: See notes following RCW 28B.109.010.
Effective date—1995 c 394: See note following RCW 43.84.092.
Effective date—1995 c 365: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 1,
1995." [1995 c 365 § 2.]
Effective date—Application—1993 sp.s. c 8: See note following
RCW 43.84.092.
Finding—Severability—Effective date—1993 c 500: See notes following RCW 43.41.180.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Chapter 43.84 RCW
INVESTMENTS AND INTERFUND LOANS
Chapter 43.84
Sections
43.84.092
43.84.092
43.84.180
Deposit of surplus balance investment earnings—Treasury
income account—Accounts and funds credited. (Effective
until July 1, 2005.)
Deposit of surplus balance investment earnings—Treasury
income account—Accounts and funds credited. (Effective
July 1, 2005.)
Public works assistance account earnings—Share to public
facilities construction loan revolving account. (Effective
July 1, 2005.)
43.84.092
43.84.092 Deposit of surplus balance investment
earnings—Treasury income account—Accounts and
funds credited. (Effective until July 1, 2005.) (1) All earnings of investments of surplus balances in the state treasury
shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay
or receive funds associated with federal programs as required
by the federal cash management improvement act of 1990.
The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds
or allocations of interest earnings required by the cash man[2003 RCW Supp—page 574]
agement improvement act. Refunds of interest to the federal
treasury required under the cash management improvement
act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine
the amounts due to or from the federal government pursuant
to the cash management improvement act. The office of
financial management may direct transfers of funds between
accounts as deemed necessary to implement the provisions of
the cash management improvement act, and this subsection.
Refunds or allocations shall occur prior to the distributions of
earnings set forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the
treasury income account may be utilized for the payment of
purchased banking services on behalf of treasury funds
including, but not limited to, depository, safekeeping, and
disbursement functions for the state treasury and affected
state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is
required for payments to financial institutions. Payments
shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's
and fund's average daily balance for the period: The capitol
building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational,
penal and reformatory institutions account, the common
school construction fund, the county criminal justice assistance account, the county sales and use tax equalization
account, the data processing building construction account,
the deferred compensation administrative account, the
deferred compensation principal account, the department of
retirement systems expense account, the drinking water assistance account, the drinking water assistance administrative
account, the drinking water assistance repayment account,
the Eastern Washington University capital projects account,
the education construction fund, the election account, the
emergency reserve fund, The Evergreen State College capital
projects account, the federal forest revolving account, the
health services account, the public health services account,
the health system capacity account, the personal health services account, the state higher education construction
account, the higher education construction account, the highway infrastructure account, the industrial insurance premium
refund account, the judges' retirement account, the judicial
retirement administrative account, the judicial retirement
principal account, the local leasehold excise tax account, the
local real estate excise tax account, the local sales and use tax
account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the
municipal criminal justice assistance account, the municipal
sales and use tax equalization account, the natural resources
deposit account, the oyster reserve land account, the perpetual surveillance and maintenance account, the public
employees' retirement system plan 1 account, the public
employees' retirement system combined plan 2 and plan 3
Investments and Interfund Loans
account, the public facilities construction loan revolving
account beginning July 1, 2004, the public health supplemental account, the Puyallup tribal settlement account, the
regional transportation investment district account, the
resource management cost account, the site closure account,
the special wildlife account, the state employees' insurance
account, the state employees' insurance reserve account, the
state investment board expense account, the state investment
board commingled trust fund accounts, the supplemental
pension account, the Tacoma Narrows toll bridge account,
the teachers' retirement system plan 1 account, the teachers'
retirement system combined plan 2 and plan 3 account, the
tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the
tuition recovery trust fund, the University of Washington
bond retirement fund, the University of Washington building
account, the volunteer fire fighters' and reserve officers' relief
and pension principal fund, the volunteer fire fighters' and
reserve officers' administrative fund, the Washington fruit
express account, the Washington judicial retirement system
account, the Washington law enforcement officers' and fire
fighters' system plan 1 retirement account, the Washington
law enforcement officers' and fire fighters' system plan 2
retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington
state health insurance pool account, the Washington state
patrol retirement account, the Washington State University
building account, the Washington State University bond
retirement fund, the water pollution control revolving fund,
and the Western Washington University capital projects
account. Earnings derived from investing balances of the
agricultural permanent fund, the normal school permanent
fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be
allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be
reduced by the allocation to the state treasurer's service fund
pursuant to RCW 43.08.190.
(b) The following accounts and funds shall receive
eighty percent of their proportionate share of earnings based
upon each account's or fund's average daily balance for the
period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the
department of licensing services account, the essential rail
assistance account, the ferry bond retirement fund, the grade
crossing protective fund, the high capacity transportation
account, the highway bond retirement fund, the highway
safety account, the motor vehicle fund, the motorcycle safety
education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction
account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the
safety and education account, the special category C account,
the state patrol highway account, the transportation 2003
account (nickel account), the transportation equipment fund,
the transportation fund, the transportation improvement
account, the transportation improvement board bond retirement account, and the urban arterial trust account.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated
earnings without the specific affirmative directive of this sec-
43.84.092
tion. [2003 c 361 § 602; 2003 c 324 § 1; 2003 c 48 § 2. Prior:
2002 c 242 § 2; 2002 c 114 § 24; 2002 c 56 § 402; prior: 2001
2nd sp.s. c 14 § 608; (2001 2nd sp.s. c 14 § 607 expired
March 1, 2002); 2001 c 273 § 6; (2001 c 273 § 5 expired
March 1, 2002); 2001 c 141 § 3; (2001 c 141 § 2 expired
March 1, 2002); 2001 c 80 § 5; (2001 c 80 § 4 expired March
1, 2002); 2000 2nd sp.s. c 4 § 6; prior: 2000 2nd sp.s. c 4 § 5;
(2000 2nd sp.s. c 4 §§ 3, 4 expired September 1, 2000); 2000
c 247 § 702; 2000 c 79 § 39; (2000 c 79 §§ 37, 38 expired
September 1, 2000); prior: 1999 c 380 § 9; 1999 c 380 § 8;
1999 c 309 § 929; (1999 c 309 § 928 expired September 1,
2000); 1999 c 268 § 5; (1999 c 268 § 4 expired September 1,
2000); 1999 c 94 § 4; (1999 c 94 §§ 2, 3 expired September
1, 2000); 1998 c 341 § 708; 1997 c 218 § 5; 1996 c 262 § 4;
prior: 1995 c 394 § 1; 1995 c 122 § 12; prior: 1994 c 2 § 6
(Initiative Measure No. 601, approved November 2, 1993);
1993 sp.s. c 25 § 511; 1993 sp.s. c 8 § 1; 1993 c 500 § 6; 1993
c 492 § 473; 1993 c 445 § 4; 1993 c 329 § 2; 1993 c 4 § 9;
1992 c 235 § 4; 1991 sp.s. c 13 § 57; 1990 2nd ex.s. c 1 § 204;
1989 c 419 § 12; 1985 c 57 § 51.]
Reviser's note: This section was amended by 2003 c 48 § 2, 2003 c 324
§ 1, and by 2003 c 361 § 602, each without reference to the other. All
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Effective date—2003 c 48: See note following RCW 29.04.260.
Findings—Intent—2002 c 242: See note following RCW 43.160.085.
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
Effective date—2001 2nd sp.s. c 14 § 608: "Section 608 of this act
takes effect March 1, 2002." [2001 2nd sp.s. c 14 § 611.]
Expiration date—2001 2nd sp.s. c 14 § 607: "Section 607 of this act
expires March 1, 2002." [2001 2nd sp.s. c 14 § 610.]
Severability—Effective date—2001 2nd sp.s. c 14: See notes following RCW 47.04.210.
Effective date—2001 c 273 § 6: "Section 6 of this act takes effect
March 1, 2002." [2001 c 273 § 8.]
Expiration date—2001 c 273 § 5: "Section 5 of this act expires March
1, 2002." [2001 c 273 § 7.]
Effective date—2001 c 141 § 3: "Section 3 of this act takes effect
March 1, 2002." [2001 c 141 § 6.]
Expiration date—2001 c 141 § 2: "Section 2 of this act expires March
1, 2002." [2001 c 141 § 5.]
Purpose—2001 c 141: "This act is needed to comply with federal law,
which is the source of funds in the drinking water assistance account, used to
fund the Washington state drinking water loan program as part of the federal
safe drinking water act." [2001 c 141 § 1.]
Effective date—2001 c 80 § 5: "Section 5 of this act takes effect March
1, 2002." [2001 c 80 § 7.]
Expiration date—2001 c 80 § 4: "Section 4 of this act expires March
1, 2002." [2001 c 80 § 6.]
Findings—Intent—2001 c 80: See note following RCW 43.70.040.
Expiration date—2000 2nd sp.s. c 4 §§ 3 and 4: "Sections 3 and 4 of
this act expire September 1, 2000." [2000 2nd sp.s. c 4 § 37.]
Effective date—2000 2nd sp.s. c 4 §§ 1-3 and 20: See note following
RCW 82.08.020.
Effective dates—2000 2nd sp.s. c 4 §§ 4-10: See note following RCW
43.89.010.
[2003 RCW Supp—page 575]
43.84.092
Title 43 RCW: State Government—Executive
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Expiration date—2000 c 79 §§ 37 and 38: "Sections 37 and 38 of this
act expire September 1, 2000." [2000 c 79 § 49.]
Effective dates—2000 c 79 §§ 26, 38, and 39: See note following
RCW 48.43.041.
Severability—2000 c 79: See note following RCW 48.04.010.
Severability—Effective date—1999 c 380: See RCW 43.99P.900 and
43.99P.901.
Expiration date—1999 c 309 § 928: "Section 928 of this act expires
September 1, 2000." [1999 c 309 § 930.]
Effective dates—1999 c 309 §§ 927-929, 931, and 1101-1902: See
note following RCW 43.79.480.
Severability—1999 c 309: See note following RCW 41.06.152.
Effective date—1999 c 268 § 5: "Section 5 of this act takes effect September 1, 2000." [1999 c 268 § 7.]
Expiration date—1999 c 268 § 4: "Section 4 of this act expires September 1, 2000." [1999 c 268 § 6.]
Expiration date—1999 c 94 §§ 2 and 3: "Sections 2 and 3 of this act
expire September 1, 2000." [1999 c 94 § 36.]
Legislative finding—1999 c 94: "The legislature finds that a periodic
review of the accounts and their uses is necessary. While creating new
accounts may facilitate the implementation of legislative intent, the creation
of too many accounts limits the effectiveness of performance-based budgeting. Too many accounts also limit the flexibility of the legislature to address
emerging and changing issues in addition to creating administrative burdens
for the responsible agencies. Accounts created for specific purposes may no
longer be valid or needed. Accordingly, this act eliminates accounts that are
not in use or are unneeded and consolidates accounts that are similar in
nature." [1999 c 94 § 1.]
Effective dates—1999 c 94: "(1) Sections 1, 2, 5 through 24, 29
through 31, and 33 of this act are necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and take effect July 1, 1999.
(2) Section 4 of this act takes effect September 1, 2000.
(3) Sections 32 and 37 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect June 30, 1999.
(4) Sections 3, 25 through 28, and 34 of this act take effect July 1,
2000." [1999 c 94 § 35.]
Effective date—1998 c 341: See RCW 41.35.901.
Findings—Effective date—1997 c 218: See notes following RCW
70.119.030.
Transportation infrastructure account—Highway infrastructure
account—Finding—Intent—Purpose—1996 c 262: See RCW 82.44.195.
Effective date—1996 c 262: See note following RCW 82.44.190.
Effective date—1995 c 394: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 1, 1995."
[1995 c 394 § 3.]
Declaration—Intent—Purpose—1995 c 122: See RCW 59.21.006.
Severability—Effective date—1995 c 122: See RCW 59.21.904 and
59.21.905.
Severability—Effective dates—1994 c 2 (Initiative Measure No.
601): See RCW 43.135.903 and 43.135.904.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Findings—Intent—1993 sp.s. c 25: See note following RCW
82.45.010.
Effective date—Application—1993 sp.s. c 8: "This act shall take
effect July 1, 1993, but shall not be effective for earnings on balances prior
to July 1, 1993." [1993 sp.s. c 8 § 3.]
Finding—Severability—Effective date—1993 c 500: See notes following RCW 43.41.180.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
[2003 RCW Supp—page 576]
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Effective date—1993 c 329: See note following RCW 90.50A.020.
Legislative declaration—Effective date—1993 c 4: See notes following RCW 47.56.770.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Applicability—1990 2nd ex.s. c 1: See note following RCW
82.14.050.
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Intent—Effective date—1989 c 419: See notes following RCW
4.92.006.
Effective date—1985 c 57: See note following RCW 18.04.105.
43.84.092
43.84.092 Deposit of surplus balance investment
earnings—Treasury income account—Accounts and
funds credited. (Effective July 1, 2005.) (1) All earnings of
investments of surplus balances in the state treasury shall be
deposited to the treasury income account, which account is
hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay
or receive funds associated with federal programs as required
by the federal cash management improvement act of 1990.
The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds
or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal
treasury required under the cash management improvement
act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine
the amounts due to or from the federal government pursuant
to the cash management improvement act. The office of
financial management may direct transfers of funds between
accounts as deemed necessary to implement the provisions of
the cash management improvement act, and this subsection.
Refunds or allocations shall occur prior to the distributions of
earnings set forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the
treasury income account may be utilized for the payment of
purchased banking services on behalf of treasury funds
including, but not limited to, depository, safekeeping, and
disbursement functions for the state treasury and affected
state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is
required for payments to financial institutions. Payments
shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's
and fund's average daily balance for the period: The capitol
building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational,
penal and reformatory institutions account, the common
school construction fund, the county criminal justice assistance account, the county sales and use tax equalization
Investments and Interfund Loans
account, the data processing building construction account,
the deferred compensation administrative account, the
deferred compensation principal account, the department of
retirement systems expense account, the drinking water assistance account, the drinking water assistance administrative
account, the drinking water assistance repayment account,
the Eastern Washington University capital projects account,
the education construction fund, the election account, the
emergency reserve fund, The Evergreen State College capital
projects account, the federal forest revolving account, the
health services account, the public health services account,
the health system capacity account, the personal health services account, the state higher education construction
account, the higher education construction account, the highway infrastructure account, the industrial insurance premium
refund account, the judges' retirement account, the judicial
retirement administrative account, the judicial retirement
principal account, the local leasehold excise tax account, the
local real estate excise tax account, the local sales and use tax
account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the
municipal criminal justice assistance account, the municipal
sales and use tax equalization account, the natural resources
deposit account, the oyster reserve land account, the perpetual surveillance and maintenance account, the public
employees' retirement system plan 1 account, the public
employees' retirement system combined plan 2 and plan 3
account, the public facilities construction loan revolving
account beginning July 1, 2004, the public health supplemental account, the public works assistance account, the Puyallup
tribal settlement account, the regional transportation investment district account, the resource management cost account,
the site closure account, the special wildlife account, the state
employees' insurance account, the state employees' insurance
reserve account, the state investment board expense account,
the state investment board commingled trust fund accounts,
the supplemental pension account, the Tacoma Narrows toll
bridge account, the teachers' retirement system plan 1
account, the teachers' retirement system combined plan 2 and
plan 3 account, the tobacco prevention and control account,
the tobacco settlement account, the transportation infrastructure account, the tuition recovery trust fund, the University of
Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and
reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the
Washington fruit express account, the Washington judicial
retirement system account, the Washington law enforcement
officers' and fire fighters' system plan 1 retirement account,
the Washington law enforcement officers' and fire fighters'
system plan 2 retirement account, the Washington school
employees' retirement system combined plan 2 and 3
account, the Washington state health insurance pool account,
the Washington state patrol retirement account, the Washington State University building account, the Washington State
University bond retirement fund, the water pollution control
revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school
permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent
43.84.092
fund shall be allocated to their respective beneficiary
accounts. All earnings to be distributed under this subsection
(4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(b) The following accounts and funds shall receive
eighty percent of their proportionate share of earnings based
upon each account's or fund's average daily balance for the
period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the
department of licensing services account, the essential rail
assistance account, the ferry bond retirement fund, the grade
crossing protective fund, the high capacity transportation
account, the highway bond retirement fund, the highway
safety account, the motor vehicle fund, the motorcycle safety
education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction
account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the
safety and education account, the special category C account,
the state patrol highway account, the transportation 2003
account (nickel account), the transportation equipment fund,
the transportation fund, the transportation improvement
account, the transportation improvement board bond retirement account, and the urban arterial trust account.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated
earnings without the specific affirmative directive of this section. [2003 c 361 § 602; 2003 c 324 § 1; 2003 c 150 § 2; 2003
c 48 § 2. Prior: 2002 c 242 § 2; 2002 c 114 § 24; 2002 c 56
§ 402; prior: 2001 2nd sp.s. c 14 § 608; (2001 2nd sp.s. c 14
§ 607 expired March 1, 2002); 2001 c 273 § 6; (2001 c 273 §
5 expired March 1, 2002); 2001 c 141 § 3; (2001 c 141 § 2
expired March 1, 2002); 2001 c 80 § 5; (2001 c 80 § 4 expired
March 1, 2002); 2000 2nd sp.s. c 4 § 6; prior: 2000 2nd sp.s.
c 4 § 5; (2000 2nd sp.s. c 4 §§ 3, 4 expired September 1,
2000); 2000 c 247 § 702; 2000 c 79 § 39; (2000 c 79 §§ 37,
38 expired September 1, 2000); prior: 1999 c 380 § 9; 1999
c 380 § 8; 1999 c 309 § 929; (1999 c 309 § 928 expired September 1, 2000); 1999 c 268 § 5; (1999 c 268 § 4 expired September 1, 2000); 1999 c 94 § 4; (1999 c 94 §§ 2, 3 expired
September 1, 2000); 1998 c 341 § 708; 1997 c 218 § 5; 1996
c 262 § 4; prior: 1995 c 394 § 1; 1995 c 122 § 12; prior: 1994
c 2 § 6 (Initiative Measure No. 601, approved November 2,
1993); 1993 sp.s. c 25 § 511; 1993 sp.s. c 8 § 1; 1993 c 500 §
6; 1993 c 492 § 473; 1993 c 445 § 4; 1993 c 329 § 2; 1993 c
4 § 9; 1992 c 235 § 4; 1991 sp.s. c 13 § 57; 1990 2nd ex.s. c
1 § 204; 1989 c 419 § 12; 1985 c 57 § 51.]
Reviser's note: This section was amended by 2003 c 48 § 2, 2003 c 150
§ 2, 2003 c 324 § 1, and by 2003 c 361 § 602, each without reference to the
other. All amendments are incorporated in the publication of this section
under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Effective date—2003 c 150 §§ 2 and 3: "Sections 2 and 3 of this act
take effect July 1, 2005." [2003 c 150 § 4.]
Effective date—2003 c 48: See note following RCW 29.04.260.
Findings—Intent—2003 c 150; 2002 c 242: See note following RCW
43.160.085.
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
[2003 RCW Supp—page 577]
43.84.180
Title 43 RCW: State Government—Executive
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
Effective date—2001 2nd sp.s. c 14 § 608: "Section 608 of this act
takes effect March 1, 2002." [2001 2nd sp.s. c 14 § 611.]
Expiration date—2001 2nd sp.s. c 14 § 607: "Section 607 of this act
expires March 1, 2002." [2001 2nd sp.s. c 14 § 610.]
Severability—Effective date—2001 2nd sp.s. c 14: See notes following RCW 47.04.210.
Effective date—2001 c 273 § 6: "Section 6 of this act takes effect
March 1, 2002." [2001 c 273 § 8.]
Expiration date—2001 c 273 § 5: "Section 5 of this act expires March
1, 2002." [2001 c 273 § 7.]
Effective date—2001 c 141 § 3: "Section 3 of this act takes effect
March 1, 2002." [2001 c 141 § 6.]
Expiration date—2001 c 141 § 2: "Section 2 of this act expires March
1, 2002." [2001 c 141 § 5.]
Purpose—2001 c 141: "This act is needed to comply with federal law,
which is the source of funds in the drinking water assistance account, used to
fund the Washington state drinking water loan program as part of the federal
safe drinking water act." [2001 c 141 § 1.]
Effective date—2001 c 80 § 5: "Section 5 of this act takes effect March
1, 2002." [2001 c 80 § 7.]
Expiration date—2001 c 80 § 4: "Section 4 of this act expires March
1, 2002." [2001 c 80 § 6.]
Findings—Intent—2001 c 80: See note following RCW 43.70.040.
Expiration date—2000 2nd sp.s. c 4 §§ 3 and 4: "Sections 3 and 4 of
this act expire September 1, 2000." [2000 2nd sp.s. c 4 § 37.]
Effective date—2000 2nd sp.s. c 4 §§ 1-3 and 20: See note following
RCW 82.08.020.
Effective dates—2000 2nd sp.s. c 4 §§ 4-10: See note following RCW
43.89.010.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
ervation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect June 30, 1999.
(4) Sections 3, 25 through 28, and 34 of this act take effect July 1,
2000." [1999 c 94 § 35.]
Effective date—1998 c 341: See RCW 41.35.901.
Findings—Effective date—1997 c 218: See notes following RCW
70.119.030.
Transportation infrastructure account—Highway infrastructure
account—Finding—Intent—Purpose—1996 c 262: See RCW 82.44.195.
Effective date—1996 c 262: See note following RCW 82.44.190.
Effective date—1995 c 394: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 1, 1995."
[1995 c 394 § 3.]
Declaration—Intent—Purpose—1995 c 122: See RCW 59.21.006.
Severability—Effective date—1995 c 122: See RCW 59.21.904 and
59.21.905.
Severability—Effective dates—1994 c 2 (Initiative Measure No.
601): See RCW 43.135.903 and 43.135.904.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Findings—Intent—1993 sp.s. c 25: See note following RCW
82.45.010.
Effective date—Application—1993 sp.s. c 8: "This act shall take
effect July 1, 1993, but shall not be effective for earnings on balances prior
to July 1, 1993." [1993 sp.s. c 8 § 3.]
Finding—Severability—Effective date—1993 c 500: See notes following RCW 43.41.180.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Effective date—1993 c 329: See note following RCW 90.50A.020.
Expiration date—2000 c 79 §§ 37 and 38: "Sections 37 and 38 of this
act expire September 1, 2000." [2000 c 79 § 49.]
Legislative declaration—Effective date—1993 c 4: See notes following RCW 47.56.770.
Effective dates—2000 c 79 §§ 26, 38, and 39: See note following
RCW 48.43.041.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Severability—2000 c 79: See note following RCW 48.04.010.
Severability—Effective date—1999 c 380: See RCW 43.99P.900 and
43.99P.901.
Applicability—1990 2nd ex.s. c 1: See note following RCW
82.14.050.
Expiration date—1999 c 309 § 928: "Section 928 of this act expires
September 1, 2000." [1999 c 309 § 930.]
Effective dates—1999 c 309 §§ 927-929, 931, and 1101-1902: See
note following RCW 43.79.480.
Intent—Effective date—1989 c 419: See notes following RCW
4.92.006.
Severability—1999 c 309: See note following RCW 41.06.152.
Effective date—1999 c 268 § 5: "Section 5 of this act takes effect September 1, 2000." [1999 c 268 § 7.]
Expiration date—1999 c 268 § 4: "Section 4 of this act expires September 1, 2000." [1999 c 268 § 6.]
Expiration date—1999 c 94 §§ 2 and 3: "Sections 2 and 3 of this act
expire September 1, 2000." [1999 c 94 § 36.]
Legislative finding—1999 c 94: "The legislature finds that a periodic
review of the accounts and their uses is necessary. While creating new
accounts may facilitate the implementation of legislative intent, the creation
of too many accounts limits the effectiveness of performance-based budgeting. Too many accounts also limit the flexibility of the legislature to address
emerging and changing issues in addition to creating administrative burdens
for the responsible agencies. Accounts created for specific purposes may no
longer be valid or needed. Accordingly, this act eliminates accounts that are
not in use or are unneeded and consolidates accounts that are similar in
nature." [1999 c 94 § 1.]
Effective dates—1999 c 94: "(1) Sections 1, 2, 5 through 24, 29
through 31, and 33 of this act are necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and take effect July 1, 1999.
(2) Section 4 of this act takes effect September 1, 2000.
(3) Sections 32 and 37 of this act are necessary for the immediate pres[2003 RCW Supp—page 578]
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Effective date—1985 c 57: See note following RCW 18.04.105.
43.84.180
43.84.180 Public works assistance account earnings—Share to public facilities construction loan revolving account. (Effective July 1, 2005.) The proportionate
share of earnings based on the average daily balance in the
public works assistance account shall be placed in the public
facilities construction loan revolving fund. [2003 c 150 § 3.]
Effective date—2003 c 150 §§ 2 and 3: See note following RCW
43.84.092.
Findings—Intent—2003 c 150; 2002 c 242: See note following RCW
43.160.085.
Chapter 43.85
Chapter 43.85 RCW
STATE DEPOSITARIES
Sections
43.85.130
43.85.130
Recodified as RCW 43.30.325.
43.85.130 Recodified as RCW 43.30.325. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
State Budgeting, Accounting, and Reporting System
Chapter 43.88 RCW
STATE BUDGETING, ACCOUNTING, AND
REPORTING SYSTEM
43.88.110
Chapter 43.88
(Formerly: Budget and accounting)
Sections
43.88.032
43.88.110
Maintenance costs, operating budget—Debt-financed passthrough money, budget document. (Expires June 30, 2005.)
Expenditure programs—Maintenance summary reports—
Allotments—Reserves—Monitor capital appropriations—
Predesign review for major capital construction.
43.88.032
43.88.032 Maintenance costs, operating budget—
Debt-financed pass-through money, budget document.
(Expires June 30, 2005.) (1) Normal maintenance costs,
except for funds appropriated for facility preservation of state
institutions of higher education, shall be programmed in the
operating budget rather than in the capital budget.
(2) All debt-financed pass-through money to local governments shall be programmed and separately identified in
the budget document. [2003 1st sp.s. c 26 § 921; 1997 c 96 §
5; 1994 c 219 § 4; 1989 c 311 § 1.]
Expiration date—Severability—Effective dates—2003 1st sp.s. c 26:
See notes following RCW 43.135.045.
Findings—Purpose—1997 c 96: See note following RCW 43.82.150.
Finding—1994 c 219: See note following RCW 43.88.030.
43.88.110
43.88.110 Expenditure programs—Maintenance
summary reports—Allotments—Reserves—Monitor
capital appropriations—Predesign review for major capital construction. This section sets forth the expenditure
programs and the allotment and reserve procedures to be followed by the executive branch for public funds.
(1) Allotments of an appropriation for any fiscal period
shall conform to the terms, limits, or conditions of the appropriation.
(2) The director of financial management shall provide
all agencies with a complete set of operating and capital
instructions for preparing a statement of proposed expenditures at least thirty days before the beginning of a fiscal
period. The set of instructions need not include specific
appropriation amounts for the agency.
(3) Within forty-five days after the beginning of the fiscal period or within forty-five days after the governor signs
the omnibus biennial appropriations act, whichever is later,
all agencies shall submit to the governor a statement of proposed expenditures at such times and in such form as may be
required by the governor.
(4) The office of financial management shall develop a
method for monitoring capital appropriations and expenditures that will capture at least the following elements:
(a) Appropriations made for capital projects including
transportation projects;
(b) Estimates of total project costs including past, current, ensuing, and future biennial costs;
(c) Comparisons of actual costs to estimated costs;
(d) Comparisons of estimated construction start and
completion dates with actual dates;
(e) Documentation of fund shifts between projects.
This data may be incorporated into the existing accounting system or into a separate project management system, as
deemed appropriate by the office of financial management.
(5) The office of financial management shall publish
agency annual maintenance summary reports beginning in
October 1997. State agencies shall submit a separate report
for each major campus or site, as defined by the office of
financial management. Reports shall be prepared in a format
prescribed by the office of financial management and shall
include, but not be limited to: Information describing the
number, size, and condition of state-owned facilities; facility
maintenance, repair, and operating expenses paid from the
state operating and capital budgets, including maintenance
staffing levels; the condition of major infrastructure systems;
and maintenance management initiatives undertaken by the
agency over the prior year. Agencies shall submit their
annual maintenance summary reports to the office of financial management by September 1 each year.
(6) The office of financial management, prior to approving allotments for major capital construction projects valued
over five million dollars, shall institute procedures for
reviewing such projects at the predesign stage that will
reduce long-term costs and increase facility efficiency. The
procedures shall include, but not be limited to, the following
elements:
(a) Evaluation of facility program requirements and consistency with long-range plans;
(b) Utilization of a system of cost, quality, and performance standards to compare major capital construction
projects; and
(c) A requirement to incorporate value-engineering analysis and constructability review into the project schedule.
(7) No expenditure may be incurred or obligation entered
into for such major capital construction projects including,
without exception, land acquisition, site development, predesign, design, construction, and equipment acquisition and
installation, until the allotment of the funds to be expended
has been approved by the office of financial management.
This limitation does not prohibit the continuation of expenditures and obligations into the succeeding biennium for
projects for which allotments have been approved in the
immediate prior biennium.
(8) If at any time during the fiscal period the governor
projects a cash deficit in a particular fund or account as
defined by RCW 43.88.050, the governor shall make acrossthe-board reductions in allotments for that particular fund or
account so as to prevent a cash deficit, unless the legislature
has directed the liquidation of the cash deficit over one or
more fiscal periods. Except for the legislative and judicial
branches and other agencies headed by elective officials, the
governor shall review the statement of proposed operating
expenditures for reasonableness and conformance with legislative intent. The governor may request corrections of proposed allotments submitted by the legislative and judicial
branches and agencies headed by elective officials if those
proposed allotments contain significant technical errors.
Once the governor approves the proposed allotments, further
revisions may at the request of the office of financial management or upon the agency's initiative be made on a quarterly
basis and must be accompanied by an explanation of the reasons for significant changes. However, changes in appropriation level authorized by the legislature, changes required by
across-the-board reductions mandated by the governor,
changes caused by executive increases to spending authority,
[2003 RCW Supp—page 579]
Chapter 43.99R
Title 43 RCW: State Government—Executive
and changes caused by executive decreases to spending
authority for failure to comply with the provisions of chapter
36.70A RCW may require additional revisions. Revisions
shall not be made retroactively. However, the governor may
assign to a reserve status any portion of an agency appropriation withheld as part of across-the-board reductions made by
the governor and any portion of an agency appropriation conditioned on a contingent event by the appropriations act. The
governor may remove these amounts from reserve status if
the across-the-board reductions are subsequently modified or
if the contingent event occurs. The director of financial management shall enter approved statements of proposed expenditures into the state budgeting, accounting, and reporting
system within forty-five days after receipt of the proposed
statements from the agencies. If an agency or the director of
financial management is unable to meet these requirements,
the director of financial management shall provide a timely
explanation in writing to the legislative fiscal committees.
(9) It is expressly provided that all agencies shall be
required to maintain accounting records and to report thereon
in the manner prescribed in this chapter and under the regulations issued pursuant to this chapter. Within ninety days of
the end of the fiscal year, all agencies shall submit to the
director of financial management their final adjustments to
close their books for the fiscal year. Prior to submitting fiscal
data, written or oral, to committees of the legislature, it is the
responsibility of the agency submitting the data to reconcile it
with the budget and accounting data reported by the agency
to the director of financial management.
(10) The director of financial management may exempt
certain public funds from the allotment controls established
under this chapter if it is not practical or necessary to allot the
funds. Allotment control exemptions expire at the end of the
fiscal biennium for which they are granted. The director of
financial management shall report any exemptions granted
under this subsection to the legislative fiscal committees.
[2003 c 206 § 1; 1997 c 96 § 6; 1994 c 219 § 5. Prior: 1991
sp.s. c 32 § 27; 1991 c 358 § 2; 1987 c 502 § 5; 1986 c 215 §
4; 1984 c 138 § 8; 1983 1st ex.s. c 47 § 1; 1982 2nd ex.s. c 15
§ 1; 1981 c 270 § 5; 1979 c 151 § 138; 1975 1st ex.s. c 293 §
6; 1965 c 8 § 43.88.110; prior: 1959 c 328 § 11.]
Effective date—2003 c 206: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 206 § 2.]
Findings—Purpose—1997 c 96: See note following RCW 43.82.150.
Finding—1994 c 219: See note following RCW 43.88.030.
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
Effective date—1991 c 358: See note following RCW 43.88.030.
Severability—1982 2nd ex.s. c 15: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 2nd ex.s. c 15 § 5.]
Effective date—Severability—1981 c 270: See notes following RCW
43.88.010.
Exception: RCW 43.88.265.
Chapter 43.99R RCW
FINANCING FOR APPROPRIATIONS—
2003-2005 BIENNIUM
Chapter 43.99R
Sections
[2003 RCW Supp—page 580]
43.99R.010 General obligation bonds for capital and operating appropriations act.
43.99R.020 Conditions and limitations.
43.99R.030 Retirement of bonds—Reimbursement of general fund from
debt-limit general fund bond retirement account.
43.99R.040 Pledge and promise—Remedies.
43.99R.050 Payment of principal and interest—Additional means for raising money authorized.
43.99R.900 Severability—2003 1st sp.s. c 3.
43.99R.901 Effective date—2003 1st sp.s. c 3.
43.99R.010
43.99R.010 General obligation bonds for capital and
operating appropriations act. For the purpose of providing
funds to finance the projects described and authorized by the
legislature in the capital and operating appropriation acts for
the 2003-2005 fiscal biennium, and all costs incidental
thereto, the state finance committee is authorized to issue
general obligation bonds of the state of Washington in the
sum of one billion two hundred twelve million dollars, or as
much thereof as may be required, to finance these projects
and all costs incidental thereto. Bonds authorized in this section may be sold at such price as the state finance committee
shall determine. No bonds authorized in this section may be
offered for sale without prior legislative appropriation of the
net proceeds of the sale of the bonds. [2003 1st sp.s. c 3 § 1.]
43.99R.020
43.99R.020 Conditions and limitations. The proceeds
from the sale of the bonds authorized in RCW 43.99R.010
shall be deposited in the state building construction account
created by RCW 43.83.020. The proceeds shall be transferred as follows:
(1) One billion fifty-one million dollars to remain in the
state building construction account created by RCW
43.83.020;
(2) Twenty-two million five hundred thousand dollars to
the outdoor recreation account created by RCW 79A.25.060;
(3) Twenty-two million five hundred thousand dollars to
the habitat conserv ation accoun t created by RCW
79A.15.020;
(4) Eighty million dollars to the state taxable building
construction account. All receipts from taxable bond issues
are to be deposited into the account. If the state finance committee deems it necessary to issue more than the amount
specified in this subsection (4) as taxable bonds in order to
comply with federal internal revenue service rules and regulations pertaining to the use of nontaxable bond proceeds, the
proceeds of such additional taxable bonds shall be transferred
to the state taxable building construction account in lieu of
any transfer otherwise provided by this section. The state
treasurer shall submit written notice to the director of financial management if it is determined that any such additional
transfer to the state taxable building construction account is
necessary. Moneys in the account may be spent only after
appropriation.
These proceeds shall be used exclusively for the purposes specified in this section and for the payment of
expenses incurred in the issuance and sale of the bonds issued
for the purposes of this section, and shall be administered by
the office of financial management subject to legislative
appropriation. [2003 1st sp.s. c 3 § 2.]
43.99R.030
43.99R.030 Retirement of bonds—Reimbursement
of general fund from debt-limit general fund bond retire-
Criminal Justice Training Commission—Education and Training Standards Boards
43.101.010
43.101.010
ment account. (1) The debt-limit general fund bond retirement account shall be used for the payment of the principal of
and interest on the bonds authorized in RCW 43.99R.020 (1),
(2), (3), and (4).
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond retirement and interest requirements on the bonds authorized in
RCW 43.99R.020 (1), (2), (3), and (4).
(3) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99R.020 (1), (2), (3), and (4) the state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the debt-limit general fund bond
retirement account an amount equal to the amount certified
by the state finance committee to be due on the payment date.
[2003 1st sp.s. c 3 § 3.]
43.99R.040
43.99R.040 Pledge and promise—Remedies. (1)
Bonds issued under RCW 43.99R.010 through 43.99R.030
shall state that they are a general obligation of the state of
Washington, shall pledge the full faith and credit of the state
to the payment of the principal thereof and the interest
thereon, and shall contain an unconditional promise to pay
the principal and interest as the same shall become due.
(2) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section. [2003 1st
sp.s. c 3 § 4.]
43.99R.050
43.99R.050 Payment of principal and interest—
Additional means for raising money authorized. The legislature may provide additional means for raising moneys for
the payment of the principal of and interest on the bonds
authorized in RCW 43.99R.010, and RCW 43.99R.020 and
43.99R.030 shall not be deemed to provide an exclusive
method for the payment. [2003 1st sp.s. c 3 § 5.]
43.99R.900
43.99R.900 Severability—2003 1st sp.s. c 3. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [2003 1st sp.s. c 3 § 7.]
43.99R.901
43.99R.901 Effective date—2003 1st sp.s. c 3. This act
is necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government
and its existing public institutions, and takes effect immediately [June 20, 2003]. [2003 1st sp.s. c 3 § 8.]
Chapter 43.101 RCW
CRIMINAL JUSTICE TRAINING COMMISSION—
EDUCATION AND TRAINING
STANDARDS BOARDS
Chapter 43.101
Sections
43.101.010
43.101.225
43.101.226
43.101.227
Definitions.
Training on vehicular pursuits.
Vehicular pursuits—Model policy.
Training for interaction with persons with a developmental
disability or mental illness.
43.101.010 Definitions. When used in this chapter:
(1) The term "commission" means the Washington state
criminal justice training commission.
(2) The term "boards" means the education and training
standards boards, the establishment of which are authorized
by this chapter.
(3) The term "criminal justice personnel" means any person who serves in a county, city, state, or port commission
agency engaged in crime prevention, crime reduction, or
enforcement of the criminal law.
(4) The term "law enforcement personnel" means any
public employee or volunteer having as a primary function
the enforcement of criminal laws in general or any employee
or volunteer of, or any individual commissioned by, any
municipal, county, state, or combination thereof, agency having as its primary function the enforcement of criminal laws
in general as distinguished from an agency possessing peace
officer powers, the primary function of which is the implementation of specialized subject matter areas. For the purposes of this subsection "primary function" means that function to which the greater allocation of resources is made.
(5) The term "correctional personnel" means any
employee or volunteer who by state, county, municipal, or
combination thereof, statute has the responsibility for the
confinement, care, management, training, treatment, education, supervision, or counseling of those individuals whose
civil rights have been limited in some way by legal sanction.
(6) A peace officer is "convicted" at the time a plea of
guilty has been accepted, or a verdict of guilty or finding of
guilt has been filed, notwithstanding the pendency of any
future proceedings, including but not limited to sentencing,
posttrial or postfact-finding motions and appeals. "Conviction" includes a deferral of sentence and also includes the
equivalent disposition by a court in a jurisdiction other than
the state of Washington.
(7) "Discharged for disqualifying misconduct" means
terminated from employment for: (a) Conviction of (i) any
crime committed under color of authority as a peace officer,
(ii) any crime involving dishonesty or false statement within
the meaning of Evidence Rule 609(a), (iii) the unlawful use
or possession of a controlled substance, or (iv) any other
crime the conviction of which disqualifies a Washington citizen from the legal right to possess a firearm under state or
federal law; (b) conduct that would constitute any of the
crimes addressed in (a) of this subsection; or (c) knowingly
making materially false statements during disciplinary investigations, where the false statements are the sole basis for the
termination.
(8) A peace officer is "discharged for disqualifying misconduct" within the meaning of subsection (7) of this section
under the ordinary meaning of the term and when the totality
of the circumstances support a finding that the officer
resigned in anticipation of discipline, whether or not the misconduct was discovered at the time of resignation, and when
such discipline, if carried forward, would more likely than
not have led to discharge for disqualifying misconduct within
the meaning of subsection (7) of this section.
(9) When used in context of proceedings referred to in
this chapter, "final" means that the peace officer has
exhausted all available civil service appeals, collective bargaining remedies, and all other such direct administrative
[2003 RCW Supp—page 581]
43.101.225
Title 43 RCW: State Government—Executive
appeals, and the officer has not been reinstated as the result of
the action. Finality is not affected by the pendency or availability of state or federal administrative or court actions for
discrimination, or by the pendency or availability of any remedies other than direct civil service and collective bargaining
remedies.
(10) "Peace officer" means any law enforcement personnel subject to the basic law enforcement training requirement
of RCW 43.101.200 and any other requirements of that section, notwithstanding any waiver or exemption granted by the
commission, and notwithstanding the statutory exemption
based on date of initial hire under RCW 43.101.200. Commissioned officers of the Washington state patrol, whether
they have been or may be exempted by rule of the commission from the basic training requirement of RCW 43.101.200,
are included as peace officers for purposes of this chapter.
Fish and wildlife officers with enforcement powers for all
criminal laws under RCW 77.15.075 are peace officers for
purposes of this chapter. [2003 c 39 § 27; 2001 c 167 § 1;
1981 c 132 § 2; 1977 ex.s. c 212 § 1; 1974 ex.s. c 94 § 1.]
Civil rights
loss of: State Constitution Art. 6 § 3, RCW 29A.08.520.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
43.101.225
43.101.225 Training on vehicular pursuits. (1) By
June 30, 2006, every new full-time law enforcement officer
employed, after July 27, 2003, by a state, county, or municipal law enforcement agency shall be trained on vehicular pursuits.
(2) Beginning July 1, 2006, every new full-time law
enforcement officer employed by a state, county, or municipal law enforcement agency shall be trained on vehicular pursuits, within six months of employment.
(3) Nothing in chapter 37, Laws of 2003 requires training
on vehicular pursuit of any law enforcement officer who is
employed in a state, county, or city law enforcement agency
on July 27, 2003, beyond that which he or she has received
prior to July 27, 2003. [2003 c 37 § 3.]
Intent—2003 c 37: "The legislature intends to improve the safety of
law enforcement officers and the public by providing consistent education
and training for officers in the matter of vehicle pursuit. The legislature recognizes there are a multitude of factors which enter into the determination of
pursuit and intends that the criminal justice training commission be given the
responsibility of identifying those factors and developing appropriate standards for training of law enforcement officers in this area." [2003 c 37 § 1.]
43.101.226
43.101.226 Vehicular pursuits—Model policy. (1) By
December 1, 2003, the Washington state criminal justice
training commission, the Washington state patrol, the Washington association of sheriffs and police chiefs, and organizations representing state and local law enforcement officers
shall develop a written model policy on vehicular pursuits.
(2) The model policy must meet all of the following minimum standards:
(a) Provide for supervisory control, if available, of the
pursuit;
(b) Provide procedures for designating the primary pursuit vehicle and for determining the total number of vehicles
to be permitted to participate at one time in the pursuit;
(c) Provide procedures for coordinating operations with
other jurisdictions; and
[2003 RCW Supp—page 582]
(d) Provide guidelines for determining when the interests
of public safety and effective law enforcement justify a
vehicular pursuit and when a vehicular pursuit should not be
initiated or should be terminated.
(3) By June 1, 2004, every state, county, and municipal
law enforcement agency shall adopt and implement a written
vehicular pursuit policy. The policy adopted may, but need
not, be the model policy developed under subsections (1) and
(2) of this section. However, any policy adopted must
address the minimum requirements specified in subsection
(2) of this section. [2003 c 37 § 2.]
Intent—2003 c 37: See note following RCW 43.101.225.
43.101.227
43.101.227 Training for interaction with persons
with a developmental disability or mental illness. (1) The
commission must offer a training session on law enforcement
interaction with persons with a developmental disability or
mental illness. The training must be developed by the commission in consultation with appropriate self advocate and
family advocate groups and with appropriate community,
local, and state organizations and agencies that have expertise
in the area of working with persons with a developmental disability or mental illness. In developing the course, the commission must also examine existing courses certified by the
commission that relate to persons with a developmental disability or mental illness.
(2) The training must consist of classroom instruction or
internet instruction and shall replicate likely field situations
to the maximum extent possible. The training should
include, at a minimum, core instruction in all of the following:
(a) The cause and nature of mental illnesses and developmental disabilities;
(b) How to identify indicators of mental illness and
developmental disability and how to respond appropriately in
a variety of common situations;
(c) Conflict resolution and de-escalation techniques for
potentially dangerous situations involving persons with a
developmental disability or mental illness;
(d) Appropriate language usage when interacting with
persons with a developmental disability or mental illness;
(e) Alternatives to lethal force when interacting with
potentially dangerous persons with a developmental disability or mental illness; and
(f) Community and state resources available to serve persons with a developmental disability or mental illness and
how these resources can be best used by law enforcement to
benefit persons with a developmental disability or mental illness in their communities.
(3) The training shall be made available to law enforcement agencies, through electronic means, for use at their convenience and determined by the internal training needs and
resources of each agency.
(4) The commission shall make all reasonable efforts to
secure private and nonstate public funds to implement this
section. [2003 c 270 § 1.]
Department of Information Services
Chapter 43.105
Chapter 43.105 RCW
DEPARTMENT OF INFORMATION SERVICES
(Formerly: Data processing and communications systems)
Sections
43.105.020
43.105.041
43.105.330
43.105.020
Definitions.
Powers and duties of board.
State interoperability executive committee.
43.105.020 Definitions. As used in this chapter, unless
the context indicates otherwise, the following definitions
shall apply:
(1) "Department" means the department of information
services;
(2) "Board" means the information services board;
(3) "Committee" means the state interoperability executive committee;
(4) "Local governments" includes all municipal and
quasi municipal corporations and political subdivisions, and
all agencies of such corporations and subdivisions authorized
to contract separately;
(5) "Director" means the director of the department;
(6) "Purchased services" means services provided by a
vendor to accomplish routine, continuing, and necessary
functions. This term includes, but is not limited to, services
acquired for equipment maintenance and repair, operation of
a physical plant, security, computer hardware and software
installation and maintenance, telecommunications installation and maintenance, data entry, keypunch services, programming services, and computer time-sharing;
(7) "Backbone network" means the shared high-density
portions of the state's telecommunications transmission facilities. It includes specially conditioned high-speed communications carrier lines, multiplexors, switches associated with
such communications lines, and any equipment and software
components necessary for management and control of the
backbone network;
(8) "Telecommunications" means the transmission of
information by wire, radio, optical cable, electromagnetic, or
other means;
(9) "Information" includes, but is not limited to, data,
text, voice, and video;
(10) "Information processing" means the electronic capture, collection, storage, manipulation, transmission,
retrieval, and presentation of information in the form of data,
text, voice, or image and includes telecommunications and
office automation functions;
(11) "Information services" means data processing, telecommunications, office automation, and computerized information systems;
(12) "Equipment" means the machines, devices, and
transmission facilities used in information processing, such
as computers, word processors, terminals, telephones, wireless communications system facilities, cables, and any physical facility necessary for the operation of such equipment;
(13) "Information technology portfolio" or "portfolio"
means a strategic management process documenting relationships between agency missions and information technology
and telecommunications investments;
43.105.041
(14) "Oversight" means a process of comprehensive risk
analysis and management designed to ensure optimum use of
information technology resources and telecommunications;
(15) "Proprietary software" means that software offered
for sale or license;
(16) "Video telecommunications" means the electronic
interconnection of two or more sites for the purpose of transmitting and/or receiving visual and associated audio information. Video telecommunications shall not include existing
public television broadcast stations as currently designated
by the department of community, trade, and economic development under chapter 43.330 RCW;
(17) "K-20 educational network board" or "K-20 board"
means the K-20 educational network board created in RCW
43.105.800;
(18) "K-20 network technical steering committee" or
"committee" means the K-20 network technical steering
committee created in RCW 43.105.810;
(19) "K-20 network" means the network established in
RCW 43.105.820;
(20) "Educational sectors" means those institutions of
higher education, school districts, and educational service
districts that use the network for distance education, data
transmission, and other uses permitted by the K-20 board.
[2003 c 18 § 2. Prior: 1999 c 285 § 1; 1999 c 80 § 1; 1993 c
280 § 78; 1990 c 208 § 3; 1987 c 504 § 3; 1973 1st ex.s. c 219
§ 3; 1967 ex.s. c 115 § 2.]
Intent—Finding—2003 c 18: "It is the intent of the legislature to
ensure that the state's considerable investment in radio communications
facilities, and the radio spectrum that is licensed to government entities in the
state, are managed in a way that promotes to the maximum extent the health
and safety of the state's citizens and the economic efficiencies of coordinated
planning, development, management, maintenance, accountability, and performance. The legislature finds that such coordination is essential for disaster preparedness, emergency management, and public safety, and that such
coordination will result in more cost-effective use of state resources and
improved government services." [2003 c 18 § 1.]
Effective date—2003 c 18: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 18 § 6.]
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Effective date—1967 ex.s. c 115: "This act is necessary for the immediate preservation of the public peace, health and safety, the support of the
state government and its existing public institutions, and shall take effect
July 1, 1967." [1967 ex.s. c 115 § 8.]
43.105.041
43.105.041 Powers and duties of board. (1) The board
shall have the following powers and duties related to information services:
(a) To develop standards and procedures governing the
acquisition and disposition of equipment, proprietary software and purchased services, licensing of the radio spectrum
by or on behalf of state agencies, and confidentiality of computerized data;
(b) To purchase, lease, rent, or otherwise acquire, dispose of, and maintain equipment, proprietary software, and
purchased services, or to delegate to other agencies and institutions of state government, under appropriate standards, the
authority to purchase, lease, rent, or otherwise acquire, dispose of, and maintain equipment, proprietary software, and
purchased services: PROVIDED, That, agencies and institutions of state government are expressly prohibited from
[2003 RCW Supp—page 583]
43.105.330
Title 43 RCW: State Government—Executive
acquiring or disposing of equipment, proprietary software,
and purchased services without such delegation of authority.
The acquisition and disposition of equipment, proprietary
software, and purchased services is exempt from RCW
43.19.1919 and, as provided in RCW 43.19.1901, from the
provisions of RCW 43.19.190 through 43.19.200. This subsection (1)(b) does not apply to the legislative branch;
(c) To develop statewide or interagency technical policies, standards, and procedures;
(d) To review and approve standards and common specifications for new or expanded telecommunications networks
proposed by agencies, public postsecondary education institutions, educational service districts, or statewide or regional
providers of K-12 information technology services, and to
assure the cost-effective development and incremental implementation of a statewide video telecommunications system to
serve: Public schools; educational service districts; vocational-technical institutes; community colleges; colleges and
universities; state and local government; and the general public through public affairs programming;
(e) To provide direction concerning strategic planning
goals and objectives for the state. The board shall seek input
from the legislature and the judiciary;
(f) To develop and implement a process for the resolution of appeals by:
(i) Vendors concerning the conduct of an acquisition
process by an agency or the department; or
(ii) A customer agency concerning the provision of services by the department or by other state agency providers;
(g) To establish policies for the periodic review by the
department of agency performance which may include but
are not limited to analysis of:
(i) Planning, management, control, and use of information services;
(ii) Training and education; and
(iii) Project management;
(h) To set its meeting schedules and convene at scheduled times, or meet at the request of a majority of its members, the chair, or the director; and
(i) To review and approve that portion of the department's budget requests that provides for support to the board.
(2) Statewide technical standards to promote and facilitate electronic information sharing and access are an essential
component of acceptable and reliable public access service
and complement content-related standards designed to meet
those goals. The board shall:
(a) Establish technical standards to facilitate electronic
access to government information and interoperability of
information systems, including wireless communications
systems. Local governments are strongly encouraged to follow the standards established by the board; and
(b) Require agencies to consider electronic public access
needs when planning new information systems or major
upgrades of systems.
In developing these standards, the board is encouraged to
include the state library, state archives, and appropriate representatives of state and local government.
(3)(a) The board, in consultation with the K-20 board,
has the duty to govern, operate, and oversee the technical
design, implementation, and operation of the K-20 network
including, but not limited to, the following duties: Establish[2003 RCW Supp—page 584]
ment and implementation of K-20 network technical policy,
including technical standards and conditions of use; review
and approval of network design; procurement of shared network services and equipment; and resolving user/provider
disputes concerning technical matters. The board shall delegate general operational and technical oversight to the K-20
network technical steering committee as appropriate.
(b) The board has the authority to adopt rules under
chapter 34.05 RCW to implement the provisions regarding
the technical operations and conditions of use of the K-20
network. [2003 c 18 § 3; 1999 c 285 § 5. Prior: 1996 c 171
§ 8; 1996 c 137 § 12; (1996 c 171 § 7, 1996 c 137 § 11, and
1995 2nd sp.s. c 14 § 512 expired June 30, 1997); 1990 c 208
§ 6; 1987 c 504 § 5; 1983 c 3 § 115; 1973 1st ex.s. c 219 § 6.]
Intent—Finding—Effective date—2003 c 18: See notes following
RCW 43.105.020.
Captions not law—Effective dates—1996 c 171: See notes following
RCW 43.105.250.
Expiration date—1996 c 171 § 7: "Section 7 of this act expires June
30, 1997." [1996 c 171 § 20.]
Effective date—1996 c 137 § 12: "Section 12 of this act shall take
effect June 30, 1997." [1996 c 137 § 18.]
Expiration date—1996 c 137 § 11: "Section 11 of this act expires June
30, 1997." [1996 c 137 § 17.]
Application—1996 c 137: See note following RCW 43.105.830.
43.105.330
43.105.330 State interoperability executive committee. (1) The board shall appoint a state interoperability executive committee, the membership of which must include, but
not be limited to, representatives of the military department,
the Washington state patrol, the department of transportation,
the department of information services, the department of
natural resources, city and county governments, state and
local fire chiefs, police chiefs, and sheriffs, and state and
local emergency management directors. The chair and legislative members of the board will serve as nonvoting ex officio members of the committee. Voting membership may not
exceed fifteen members.
(2) The chair of the board shall appoint the chair of the
committee from among the voting members of the committee.
(3) The strategic [state] interoperability executive committee has the following responsibilities:
(a) Develop policies and make recommendations to the
board for technical standards for state wireless radio communications systems, including emergency communications
systems. The standards must address, among other things,
the interoperability of systems, taking into account both
existing and future systems and technologies;
(b) Coordinate and manage on behalf of the board the
licensing and use of state-designated and state-licensed radio
frequencies, including the spectrum used for public safety
and emergency communications, and serve as the point of
contact with the federal communications commission on matters relating to allocation, use, and licensing of radio spectrum;
(c) Seek support, including possible federal or other
funding, for state-sponsored wireless communications systems;
Washington Sunset Act of 1977
(d) Develop recommendations for legislation that may
be required to promote interoperability of state wireless communications systems;
(e) Foster cooperation and coordination among public
safety and emergency response organizations;
(f) Work with wireless communications groups and
associations to ensure interoperability among all public
safety and emergency response wireless communications
systems; and
(g) Perform such other duties as may be assigned by the
board to promote interoperability of wireless communications systems. [2003 c 18 § 4.]
Inventory—Statewide public safety communications plan—2003 c
18: "(1) The state interoperability executive committee shall take inventory
of and evaluate all state and local government-owned public safety communications systems, and prepare a statewide public safety communications
plan. The plan must set forth recommendations for executive and legislative
action to insure that public safety communications systems can communicate
with one another and conform to federal law and regulations governing
emergency communications systems and spectrum allocation. The plan
must include specific goals for improving interoperability of public safety
communications systems and identifiable benchmarks for achieving those
goals.
(2) The committee shall present the inventory and plan required in subsection (1) of this section to the board and appropriate legislative committees
as follows:
(a) By December 31, 2003, an inventory of state government-operated
public safety communications systems;
(b) By July 31, 2004, an inventory of all public safety communications
systems in the state;
(c) By March 31, 2004, an interim statewide public safety communications plan; and
(d) By December 31, 2004, a final statewide public safety communications plan.
(3) The committee shall consult regularly with the joint legislative
audit and review committee and the legislative evaluation and accounting
program committee while developing the inventory and plan under this section." [2003 c 18 § 5.]
Intent—Finding—Effective date—2003 c 18: See notes following
RCW 43.105.020.
Chapter 43.131
Chapter 43.131 RCW
WASHINGTON SUNSET ACT OF 1977
Sections
43.131.401
43.131.402
43.131.403
43.131.404
Office of regulatory assistance—Termination.
Office of regulatory assistance—Repeal.
Prescription drug discount program—Termination.
Prescription drug discount program—Repeal.
43.131.401
43.131.401 Office of regulatory assistance—Termination. The office of regulatory assistance established in
RCW 43.42.010 and its powers and duties shall be terminated
June 30, 2007, as provided in RCW 43.131.402. [2003 c 71
§ 5; 2002 c 153 § 13.]
Review within existing resources—2002 c 153: "The joint legislative
and audit review committee shall work within its existing resources in conducting the sunset review for the office of permit [regulatory] assistance."
[2002 c 153 § 15.]
43.131.402
43.131.402 Office of regulatory assistance—Repeal.
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2008:
(1) RCW 43.42.005 and 2003 c 71 § 1 & 2002 c 153 § 1;
(2) RCW 43.42.010 and 2003 c 71 § 2 & 2002 c 153 § 2;
(3) RCW 43.42.020 and 2002 c 153 § 3;
(4) RCW 43.42.030 and 2003 c 71 § 3 & 2002 c 153 § 4;
43.135.045
(5) RCW 43.42.040 and 2003 c 71 § 4 & 2002 c 153 § 5;
(6) RCW 43.42.050 and 2002 c 153 § 6;
(7) RCW 43.42.060 and 2002 c 153 § 7;
(8) RCW 43.42.070 and 2002 c 153 § 8;
(9) RCW 43.42.905 and 2002 c 153 § 10;
(10) RCW 43.42.900 and 2002 c 153 § 11; and
(11) RCW 43.42.901 and 2002 c 153 § 12. [2003 c 71 §
6; 2002 c 153 § 14.]
43.131.403
43.131.403 Prescription drug discount program—
Termination. The discount program under RCW 41.05.500
shall be terminated June 30, 2010, as provided in RCW
43.131.404. [2003 1st sp.s. c 29 § 12.]
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
43.131.404
43.131.404 Prescription drug discount program—
Repeal. RCW 41.05.500, as now existing or hereafter
amended, is repealed effective June 30, 2011. [2003 1st sp.s.
c 29 § 13.]
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
Chapter 43.135 RCW
STATE EXPENDITURES LIMITATIONS
Chapter 43.135
(Formerly: Tax revenue limitations)
Sections
43.135.045
43.135.045
Emergency reserve fund—Excess balance to education construction fund—Appropriation conditions—Transfer of
earnings to multimodal transportation account. (Expires
June 30, 2005.)
Emergency reserve fund—Excess balance to education construction fund—Appropriation conditions—Transfer of
earnings to multimodal transportation account. (Effective
June 30, 2005.)
43.135.045
43.135.045 Emergency reserve fund—Excess balance to education construction fund—Appropriation conditions—Transfer of earnings to multimodal transportation account. (Expires June 30, 2005.) (1) The emergency
reserve fund is established in the state treasury. During each
fiscal year, the state treasurer shall deposit in the emergency
reserve fund all general fund—state revenues in excess of the
state expenditure limit for that fiscal year. Deposits shall be
made at the end of each fiscal quarter based on projections of
state revenues and the state expenditure limit. The treasurer
shall make transfers between these accounts as necessary to
reconcile actual annual revenues and the expenditure limit for
fiscal year 2000 and thereafter.
(2) The legislature may appropriate moneys from the
emergency reserve fund only with approval of at least twothirds of the members of each house of the legislature, and
then only if the appropriation does not cause total expenditures to exceed the state expenditure limit under this chapter.
(3) The emergency reserve fund balance shall not exceed
five percent of annual general fund—state revenues as projected by the official state revenue forecast. Any balance in
excess of five percent shall be transferred on a quarterly basis
by the state treasurer as follows: Seventy-five percent to the
student achievement fund hereby created in the state treasury
[2003 RCW Supp—page 585]
43.135.045
Title 43 RCW: State Government—Executive
and twenty-five percent to the general fund balance. The
treasurer shall make transfers between these accounts as necessary to reconcile actual annual revenues for fiscal year
2000 and thereafter. When per-student state funding for the
maintenance and operation of K-12 education meets a level
of no less than ninety percent of the national average of total
funding from all sources per student as determined by the
most recent published data from the national center for education statistics of the United States department of education,
as calculated by the office of financial management, further
deposits to the student achievement fund shall be required
only to the extent necessary to maintain the ninety-percent
level. Remaining funds are part of the general fund balance
and these funds are subject to the expenditure limits of this
chapter.
(4) The education construction fund is hereby created in
the state treasury.
(a) Funds may be appropriated from the education construction fund exclusively for common school construction or
higher education construction. During the fiscal years beginning July 1, 2003, and ending June 30, 2005, funds may also
be used for higher education facilities preservation and maintenance.
(b) Funds may be appropriated for any other purpose
only if approved by a two-thirds vote of each house of the
legislature and if approved by a vote of the people at the next
general election. An appropriation approved by the people
under this subsection shall result in an adjustment to the state
expenditure limit only for the fiscal period for which the
appropriation is made and shall not affect any subsequent fiscal period.
(5) Funds from the student achievement fund shall be
appropriated to the superintendent of public instruction
strictly for distribution to school districts to meet the provisions set out in the student achievement act. Allocations shall
be made on an equal per full-time equivalent student basis to
each school district.
(6) Earnings of the emergency reserve fund under RCW
43.84.092(4)(a) shall be transferred quarterly to the multimodal transportation account, except for those earnings that are
in excess of thirty-five million dollars each fiscal year.
Within thirty days following any fiscal year in which earnings transferred to the multimodal transportation account
under this subsection did not total thirty-five million dollars,
the state treasurer shall transfer from the emergency reserve
fund an amount necessary to bring the total deposited in the
multimodal transportation account under this subsection to
thirty-five million dollars. The revenues to the multimodal
transportation account reflected in this subsection provide
ongoing support for the transportation programs of the state.
However, it is the intent of the legislature that any new longterm financial support that may be subsequently provided for
transportation programs will be used to replace and supplant
the revenues reflected in this subsection, thereby allowing
those revenues to be returned to the purposes to which they
were previously dedicated. No transfers from the emergency
reserve fund to the multimodal fund shall be made during the
2003-05 fiscal biennium. [2003 1st sp.s. c 26 § 919; 2003 1st
sp.s. c 25 § 920. Prior: 2003 1st sp.s. c 26 § 918; (2002 c 33
§ 2 expired June 30, 2003); prior: 2001 c 3 § 9 (Initiative
Measure No. 728, approved November 7, 2000); 2000 2nd
[2003 RCW Supp—page 586]
sp.s. c 5 § 1; 2000 2nd sp.s. c 2 § 3; 1994 c 2 § 3 (Initiative
Measure No. 601, approved November 2, 1993).]
Reviser's note: This section was amended by 2003 1st sp.s. c 25 § 920
and by 2003 1st sp.s. c 26 § 919, each without reference to the other. Both
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Expiration date—2003 1st sp.s. c 26: "Sections 918 through 921, 926,
and 929 of this act expire June 30, 2005." [2003 1st sp.s. c 26 § 927.]
Severability—2003 1st sp.s. c 26: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2003 1st sp.s. c 26 § 930.]
Effective dates—2003 1st sp.s. c 26: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [June 26, 2003], except for section 919 of this act which takes
effect June 30, 2003." [2003 1st sp.s. c 26 § 931.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Expiration date—Effective date—2002 c 33: See notes following
RCW 43.135.035.
Short title—Purpose—Intent—Construction—Severability—
Effective dates—2001 c 3 (Initiative Measure No. 728): See notes following RCW 28A.505.210.
Effective date—2000 2nd sp.s. c 2: See note following RCW
43.135.025.
43.135.045
43.135.045 Emergency reserve fund—Excess balance to education construction fund—Appropriation conditions—Transfer of earnings to multimodal transportation account. (Effective June 30, 2005.) (1) The emergency
reserve fund is established in the state treasury. During each
fiscal year, the state treasurer shall deposit in the emergency
reserve fund all general fund—state revenues in excess of the
state expenditure limit for that fiscal year. Deposits shall be
made at the end of each fiscal quarter based on projections of
state revenues and the state expenditure limit. The treasurer
shall make transfers between these accounts as necessary to
reconcile actual annual revenues and the expenditure limit for
fiscal year 2000 and thereafter.
(2) The legislature may appropriate moneys from the
emergency reserve fund only with approval of at least twothirds of the members of each house of the legislature, and
then only if the appropriation does not cause total expenditures to exceed the state expenditure limit under this chapter.
(3) The emergency reserve fund balance shall not exceed
five percent of annual general fund—state revenues as projected by the official state revenue forecast. Any balance in
excess of five percent shall be transferred on a quarterly basis
by the state treasurer as follows: Seventy-five percent to the
student achievement fund hereby created in the state treasury
and twenty-five percent to the general fund balance. The
treasurer shall make transfers between these accounts as necessary to reconcile actual annual revenues for fiscal year
2000 and thereafter. When per-student state funding for the
maintenance and operation of K-12 education meets a level
of no less than ninety percent of the national average of total
funding from all sources per student as determined by the
most recent published data from the national center for education statistics of the United States department of education,
as calculated by the office of financial management, further
deposits to the student achievement fund shall be required
only to the extent necessary to maintain the ninety-percent
Public Works Projects
level. Remaining funds are part of the general fund balance
and these funds are subject to the expenditure limits of this
chapter.
(4) The education construction fund is hereby created in
the state treasury.
(a) Funds may be appropriated from the education construction fund exclusively for common school construction or
higher education construction.
(b) Funds may be appropriated for any other purpose
only if approved by a two-thirds vote of each house of the
legislature and if approved by a vote of the people at the next
general election. An appropriation approved by the people
under this subsection shall result in an adjustment to the state
expenditure limit only for the fiscal period for which the
appropriation is made and shall not affect any subsequent fiscal period.
(5) Funds from the student achievement fund shall be
appropriated to the superintendent of public instruction
strictly for distribution to school districts to meet the provisions set out in the student achievement act. Allocations shall
be made on an equal per full-time equivalent student basis to
each school district.
(6) Earnings of the emergency reserve fund under RCW
43.84.092(4)(a) shall be transferred quarterly to the multimodal transportation account, except for those earnings that are
in excess of thirty-five million dollars each fiscal year.
Within thirty days following any fiscal year in which earnings transferred to the multimodal transportation account
under this subsection did not total thirty-five million dollars,
the state treasurer shall transfer from the emergency reserve
fund an amount necessary to bring the total deposited in the
multimodal transportation account under this subsection to
thirty-five million dollars. The revenues to the multimodal
transportation account reflected in this subsection provide
ongoing support for the transportation programs of the state.
However, it is the intent of the legislature that any new longterm financial support that may be subsequently provided for
transportation programs will be used to replace and supplant
the revenues reflected in this subsection, thereby allowing
those revenues to be returned to the purposes to which they
were previously dedicated. No transfers from the emergency
reserve fund to the multimodal fund shall be made during the
2003-05 fiscal biennium. [2003 1st sp.s. c 25 § 920. Prior:
2003 1st sp.s. c 26 § 918; (2002 c 33 § 2 expired June 30,
2003); prior: 2001 c 3 § 9 (Initiative Measure No. 728,
approved November 7, 2000); 2000 2nd sp.s. c 5 § 1; 2000
2nd sp.s. c 2 § 3; 1994 c 2 § 3 (Initiative Measure No. 601,
approved November 2, 1993).]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Expiration date—Effective date—2002 c 33: See notes following
RCW 43.135.035.
Short title—Purpose—Intent—Construction—Severability—
Effective dates—2001 c 3 (Initiative Measure No. 728): See notes following RCW 28A.505.210.
Effective date—2000 2nd sp.s. c 2: See note following RCW
43.135.025.
Chapter 43.155
Sections
Chapter 43.155 RCW
PUBLIC WORKS PROJECTS
43.155.055
43.157.010
Water storage projects and water systems facilities subaccount.
43.155.055
43.155.055 Water storage projects and water systems
facilities subaccount. (1) A subaccount is created in the
public works assistance account to receive money to fund the
following projects: (a) Water storage projects; and (b) water
systems facilities.
(2) The projects listed in subsection (1) of this section
must comply with the competitive bid requirements of RCW
43.155.060.
(3) The subaccount created in subsection (1) of this section shall receive amounts appropriated to it for purposes of
distributing these moneys as grants for water storage projects
and water systems facilities projects as provided in the appropriation and this section. This subaccount shall be administered by the board and shall be separate from the other programs managed by the board under this chapter.
(4) The subaccount created in this section shall be known
as the water storage projects and water systems facilities subaccount of the public works assistance account. [2003 c 330
§ 1.]
Chapter 43.157
Chapter 43.157 RCW
INDUSTRIAL PROJECTS OF
STATEWIDE SIGNIFICANCE
Sections
43.157.010
43.157.020
43.157.030
Definitions.
Expediting completion of industrial projects of statewide significance—Requirements of agreements.
Application for designation—Project facilitator or coordinator.
43.157.010
43.157.010 Definitions. (1) For purposes of this chapter
and R CW 28 A.5 25 .16 6, 2 8B .80 .3 30 , 28 C.1 8.0 80 ,
43.21A.350, 47.06.030, and 90.58.100 and an industrial
project of statewide significance is a border crossing project
that involves both private and public investments carried out
in conjunction with adjacent states or provinces or a private
industrial development with private capital investment in
manufacturing or research and development. To qualify as
an industrial project of statewide significance: (a) The
project must be completed after January 1, 1997; (b) the
applicant must submit an application for designation as an
industrial project of statewide significance to the department
of community, trade, and economic development; and (c) the
project must have:
(i) In counties with a population of less than or equal to
twenty thousand, a capital investment of twenty million dollars;
(ii) In counties with a population of greater than twenty
thousand but no more than fifty thousand, a capital investment of fifty million dollars;
(iii) In counties with a population of greater than fifty
thousand but no more than one hundred thousand, a capital
investment of one hundred million dollars;
(iv) In counties with a population of greater than one
hundred thousand but no more than two hundred thousand, a
capital investment of two hundred million dollars;
[2003 RCW Supp—page 587]
43.157.020
Title 43 RCW: State Government—Executive
(v) In counties with a population of greater than two hundred thousand but no more than four hundred thousand, a
capital investment of four hundred million dollars;
(vi) In counties with a population of greater than four
hundred thousand but no more than one million, a capital
investment of six hundred million dollars;
(vii) In counties with a population of greater than one
million, a capital investment of one billion dollars;
(viii) In counties with fewer than one hundred persons
per square mile as determined annually by the office of financial management and published by the department of revenue
effective for the period July 1st through June 30th, projected
full-time employment positions after completion of construction of fifty or greater;
(ix) In counties with one hundred or more persons per
square mile as determined annually by the office of financial
management and published by the department of revenue
effective for the period July 1st through June 30th, projected
full-time employment positions after completion of construction of one hundred or greater; or
(x) Been designated by the director of community, trade,
and economic development as an industrial project of statewide significance either: (A) Because the county in which
the project is to be located is a distressed county and the economic circumstances of the county merit the additional assistance such designation will bring; or (B) because the impact
on a region due to the size and complexity of the project merits such designation.
(2) The term manufacturing shall have the meaning
assigned it in RCW 82.61.010.
(3) The term research and development shall have the
meaning assigned it in RCW 82.61.010.
(4) The term applicant means a person applying to the
department of community, trade, and economic development
for designation of a development project as an industrial
project of statewide significance. [2003 c 54 § 1; 1997 c 369
§ 2.]
(a) Develop an application for designation of development projects as industrial projects of statewide significance.
The application must be accompanied by a letter of approval
from the legislative authority of any jurisdiction that will
have the proposed industrial project of statewide significance
within its boundaries. No designation of a project as an
industrial project of statewide significance shall be made
without such letter of approval. The letter of approval must
state that the jurisdiction joins in the request for the designation of the project as one of statewide significance and has or
will hire the professional staff that will be required to expedite the processes necessary to the completion of an industrial
project of statewide significance. The application shall contain information regarding the location of the project, the
applicant's average employment in the state for the prior year,
estimated new employment related to the project, estimated
wages of employees related to the project, estimated time
schedules for completion and operation, and other information required by the department; and
(b) Certify that the project meets or will meet the
requirements of RCW 43.157.010 regarding designation as
an industrial project of statewide significance.
(2) The office of permit assistance shall assign a project
facilitator or coordinator to each industrial project of statewide significance to: (a) Assist in the scoping and coordinating functions provided for in chapter 43.42 RCW; (b) assemble a team of state and local government and private officials
to help meet the planning, permitting, and development needs
of each project, which team shall include those responsible
for planning, permitting and licensing, infrastructure development, work force development services including higher
education, transportation services, and the provision of utilities; and (c) work with each team member to expedite their
actions in furtherance of the project. [2003 c 54 § 3; 1997 c
369 § 4.]
Chapter 43.160 RCW
ECONOMIC DEVELOPMENT—PUBLIC
FACILITIES LOANS AND GRANTS
Chapter 43.160
43.157.020
43.157.020 Expediting completion of industrial
projects of statewide significance—Requirements of
agreements. Counties and cities with projects designated as
industrial projects of statewide significance within their jurisdictions shall enter into an agreement with the office of permit assistance and the project managers of industrial projects
of statewide significance for expediting the completion of
industrial projects of statewide significance. The agreement
shall require:
(1) Expedited permit processing for the design and construction of the project;
(2) Expedited environmental review processing;
(3) Expedited processing of requests for street, right of
way, or easement vacations necessary for the construction of
the project; and
(4) Such other items as are deemed necessary by the
office of permit assistance for the design and construction of
the project. [2003 c 54 § 2; 1997 c 369 § 3.]
43.157.030
43.157.030 Application for designation—Project
facilitator or coordinator. (1) The department of community, trade, and economic development shall:
[2003 RCW Supp—page 588]
Sections
43.160.030
43.160.035
43.160.085
43.160.030
Community economic revitalization board—Members—
Terms—Chair, vice-chair—Management services—Travel
expenses—Vacancies—Removal.
Designees for board members.
Annual transfer of funds from public works assistance account
to public facilities construction loan revolving account.
(Expires June 30, 2007.)
43.160.030 Community economic revitalization
board—Members—Terms—Chair, vice-chair—Management services—Travel expenses—Vacancies—Removal.
(1) The community economic revitalization board is hereby
created to exercise the powers granted under this chapter.
(2) The board shall consist of one member from each of
the two major caucuses of the house of representatives to be
appointed by the speaker of the house and one member from
each of the two major caucuses of the senate to be appointed
by the president of the senate. The board shall also consist of
the following members appointed by the governor: A recognized private or public sector economist; one port district
official; one county official; one city official; one representative of the public; one representative of small businesses each
Economic Development Commission
from: (a) The area west of Puget Sound, (b) the area east of
Puget Sound and west of the Cascade range, (c) the area east
of the Cascade range and west of the Columbia river, and (d)
the area east of the Columbia river; one executive from large
businesses each from the area west of the Cascades and the
area east of the Cascades. The appointive members shall initially be appointed to terms as follows: Three members for
one-year terms, three members for two-year terms, and three
members for three-year terms which shall include the chair.
Thereafter each succeeding term shall be for three years. The
chair of the board shall be selected by the governor. The
members of the board shall elect one of their members to
serve as vice-chair. The director of community, trade, and
economic development, the director of revenue, the commissioner of employment security, and the secretary of transportation shall serve as nonvoting advisory members of the
board.
(3) Management services, including fiscal and contract
services, shall be provided by the department to assist the
board in implementing this chapter and the allocation of private activity bonds.
(4) Members of the board shall be reimbursed for travel
expenses as provided in RCW 43.03.050 and 43.03.060.
(5) If a vacancy occurs by death, resignation, or otherwise of appointive members of the board, the governor shall
fill the same for the unexpired term. Members of the board
may be removed for malfeasance or misfeasance in office,
upon specific written charges by the governor, under chapter
34.05 RCW.
(6) A member appointed by the governor may not be
absent from more than fifty percent of the regularly scheduled meetings in any one calendar year. Any member who
exceeds this absence limitation is deemed to have withdrawn
from the office and may be replaced by the governor. [2003
c 151 § 1; 1996 c 51 § 3; 1995 c 399 § 86; 1993 c 320 § 2.
Prior: 1987 c 422 § 2; 1987 c 195 § 11; prior: 1985 c 446 §
2; 1985 c 6 § 13; prior: 1985 c 446 § 1; 1984 c 287 § 89; 1983
1st ex.s. c 60 § 2; 1982 1st ex.s. c 40 § 3.]
Severability—Effective dates—1996 c 51: See notes following RCW
43.160.010.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
43.160.035
43.160.035 Designees for board members. Each
member of the house of representatives who is appointed to
the community economic revitalization board under RCW
43.160.030 may designate another member from the house of
representatives to take his or her place on the board for meetings at which the member will be absent, as long as the designated member belongs to the same caucus. The designee
shall have all powers to vote and participate in board deliberations as have the other board members. Each member of the
senate who is appointed to the community economic revitalization board under RCW 43.160.030 may designate another
member from the senate to take his or her place on the board
for meetings at which the member will be absent, as long as
the designated member belongs to the same caucus. The designee shall have all powers to vote and participate in board
deliberations as have the other board members. Each agency
head of an executive agency who is appointed to serve as a
nonvoting advisory member of the community economic
43.162.010
revitalization board under RCW 43.160.030 may designate
an agency employee to take his or her place on the board for
meetings at which the agency head will be absent. The designee will have all powers to participate in board deliberations as have the other board members but shall not have voting powers. [2003 c 151 § 2; 1993 c 320 § 3; 1987 c 422 § 3;
1985 c 446 § 4.]
43.160.085
43.160.085 Annual transfer of funds from public
works assistance account to public facilities construction
loan revolving account. (Expires June 30, 2007.)
Findings—Intent—2003 c 150; 2002 c 242: "The legislature finds that
the community economic revitalization board plays a valuable and unique
role in stimulating and diversifying local economies, attracting private
investment, creating new jobs, and generating additional state and local tax
revenues by investing in public facilities projects that result in new or
expanded economic development. The legislature also finds that it is in the
best interest of the state and local communities to secure a stable and dedicated source of funds for the community economic revitalization board. It is
the intent of the legislature to establish an ongoing funding source for the
community economic revitalization board that will be used exclusively to
advance economic development infrastructure. This act provides a partial
funding solution by directing that beginning July 1, 2005, the interest earnings generated by the public works assistance account shall be used to fund
the community economic revitalization board's financial assistance programs. These funds are not for use other than for the stated purpose and
goals of the community economic revitalization board." [2003 c 150 § 1;
2002 c 242 § 1.]
Chapter 43.162 RCW
ECONOMIC DEVELOPMENT COMMISSION
Chapter 43.162
Sections
43.162.005
43.162.010
43.162.020
43.162.030
Findings—Intent.
Washington state economic development commission—Membership—Rules.
Duties—Biennial report.
Staff support.
43.162.005
43.162.005 Findings—Intent. The legislature finds
that Washington's innovation and trade-driven economy has
provided tremendous opportunities for citizens of the state,
but that there is no guarantee that globally competitive firms
will continue to grow and locate in the state. The legislature
also finds that developing an effective economic development strategy for the state and operating effective economic
development programs, including work force training, small
business assistance, technology transfer, and export assistance, are vital to the state's efforts to encourage employment
growth, increase state revenues, and generate economic wellbeing. In addition, the legislature finds that there is a need for
responsive and consistent involvement of the private sector in
the state's economic development efforts. It is the intent of
the legislature to create an economic development commission that will develop and update the state's economic development strategy and performance measures and provide
advice to and oversight of the department of community,
trade, and economic development. [2003 c 235 § 1.]
43.162.010
43.162.010 Washington state economic development
commission—Membership—Rules. (1) The Washington
state economic development commission is established to
oversee the economic development strategies and policies of
the department of community, trade, and economic development.
[2003 RCW Supp—page 589]
43.162.020
Title 43 RCW: State Government—Executive
(2)(a) The Washington state economic development
commission shall consist of at least seven and no more than
nine members appointed by the governor.
(b) In making the appointments, the governor shall consult with organizations that have an interest in economic
development, including, but not limited to, industry associations, labor organizations, minority business associations,
economic development councils, chambers of commerce,
port associations, tribes, and the chairs of the legislative committees with jurisdiction over economic development.
(c) The members shall be representative of the geographic regions of the state, including eastern and central
Washington, as well as represent the ethnic diversity of the
state. Representation shall derive primarily from the private
sector, including, but not limited to, existing and emerging
industries, small businesses, women-owned businesses, and
minority-owned businesses, but other sectors of the economy
that have experience in economic development, including
labor organizations and nonprofit organizations, shall be represented as well. A minimum of seventy-five percent of the
members shall represent the private sector. Members of the
commission shall serve statewide interests while preserving
their diverse perspectives, and shall be recognized leaders in
their fields with demonstrated experience in disciplines
related to economic development.
(3) Members appointed by the governor shall serve at the
pleasure of the governor for three-year terms, except that
through June 30, 2004, members currently serving on the
economic development commission created by executive
order may continue to serve at the pleasure of the governor.
Of the initial members appointed to serve after June 30, 2004,
two members shall serve one-year terms, three members shall
serve two-year terms, and the remainder of the commission
members shall serve three-year terms.
(4) The commission chair shall be selected from among
the appointed members by the majority vote of the members.
(5) The commission may establish committees as it
desires, and may invite nonmembers of the commission to
serve as committee members.
(6) The commission may adopt rules for its own governance. [2003 c 235 § 2.]
(d) Enhance relationships and cooperation between local
governments, economic development councils, federal agencies, state agencies, and the legislature;
(e) Integrate economic development programs, including
work force training, technology transfer, and export assistance; and
(f) Make the funds available for economic development
purposes more flexible to meet emergent needs and maximize opportunities;
(3) Identify policies and programs to assist Washington's
small businesses;
(4) Assist the department of community, trade, and economic development with procurement and deployment of private funds for business development, retention, expansion,
and recruitment as well as other economic development
efforts;
(5) Meet with the chairs and ranking minority members
of the legislative committees from both the house of representatives and the senate overseeing economic development
policies; and
(6) Make a biennial report to the appropriate committees
of the legislature regarding the commission's review of the
state's economic development policy, the commission's recommendations, and steps taken by the department of community, trade, and economic development to implement the recommendations. The first report is due by December 31,
2004. [2003 c 235 § 3.]
43.162.030
43.162.030 Staff support. (1) The Washington state
economic development commission shall receive the necessary staff support from the staff resources of the governor, the
department of community, trade, and economic development,
and other state agencies as appropriate, and within existing
resources and operations.
(2) Creation of the Washington state economic development commission shall not be construed to modify any
authority or budgetary responsibility of the governor or the
department of community, trade, and economic development.
[2003 c 235 § 4.]
Chapter 43.175
Chapter 43.175 RCW
GOVERNOR'S SMALL BUSINESS
IMPROVEMENT COUNCIL
43.162.020
43.162.020 Duties—Biennial report. The Washington
state economic development commission shall perform the
following duties:
(1) Review and periodically update the state's economic
development strategy, including implementation steps, and
performance measures, and perform an annual evaluation of
the strategy and the effectiveness of the state's laws, policies,
and programs which target economic development;
(2) Provide policy, strategic, and programmatic direction
to the department of community, trade, and economic development regarding strategies to:
(a) Promote business retention, expansion, and creation
within the state;
(b) Promote the business climate of the state and stimulate increased national and international investment in the
state;
(c) Promote products and services of the state;
[2003 RCW Supp—page 590]
Sections
43.175.010
43.175.020
43.175.901
Repealed.
Repealed.
Repealed.
43.175.010
43.175.010 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
43.175.020
43.175.020 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
43.175.901
43.175.901 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
Chapter 43.185B RCW
WASHINGTON HOUSING POLICY ACT
Chapter 43.185B
Sections
Radioactive Waste Act
43.185B.020 Affordable housing advisory board—Generally.
43.185B.020
43.185B.020 Affordable housing advisory board—
Generally. (1) The department shall establish the affordable
housing advisory board to consist of twenty-two members.
(a) The following nineteen members shall be appointed
by the governor:
(i) Two representatives of the residential construction
industry;
(ii) Two representatives of the home mortgage lending
profession;
(iii) One representative of the real estate sales profession;
(iv) One representative of the apartment management
and operation industry;
(v) One representative of the for-profit housing development industry;
(vi) One representative of for-profit rental housing owners;
(vii) One representative of the nonprofit housing development industry;
(viii) One representative of homeless shelter operators;
(ix) One representative of lower-income persons;
(x) One representative of special needs populations;
(xi) One representative of public housing authorities as
created under chapter 35.82 RCW;
(xii) Two representatives of the Washington association
of counties, one representative shall be from a county that is
located east of the crest of the Cascade mountains;
(xiii) Two representatives of the association of Washington cities, one representative shall be from a city that is
located east of the crest of the Cascade mountains;
(xiv) One representative to serve as chair of the affordable housing advisory board;
(xv) One representative at large.
(b) The following three members shall serve as ex officio, nonvoting members:
(i) The director or the director's designee;
(ii) The executive director of the Washington state housing finance commission or the executive director's designee;
and
(iii) The secretary of social and health services or the
secretary's designee.
(2)(a) The members of the affordable housing advisory
board appointed by the governor shall be appointed for fouryear terms, except that the chair shall be appointed to serve a
two-year term. The terms of five of the initial appointees
shall be for two years from the date of appointment and the
terms of six of the initial appointees shall be for three years
from the date of appointment. The governor shall designate
the appointees who will serve the two-year and three-year
terms. The members of the advisory board shall serve without compensation, but shall be reimbursed for travel expenses
as provided in RCW 43.03.050 and 43.03.060.
(b) The governor, when making appointments to the
affordable housing advisory board, shall make appointments
that reflect the cultural diversity of the state of Washington.
(3) The affordable housing advisory board shall serve as
the department's principal advisory body on housing and
housing-related issues, and replaces the department's existing
boards and task forces on housing and housing-related issues.
43.200.080
(4) The affordable housing advisory board shall meet
regularly and may appoint technical advisory committees,
which may include members of the affordable housing advisory board, as needed to address specific issues and concerns.
(5) The department, in conjunction with the Washington
state housing finance commission and the department of
social and health services, shall supply such information and
assistance as are deemed necessary for the advisory board to
carry out its duties under this section.
(6) The department shall provide administrative and
clerical assistance to the affordable housing advisory board.
[2003 c 40 § 1; 1993 c 478 § 5.]
Chapter 43.200
Chapter 43.200 RCW
RADIOACTIVE WASTE ACT
Sections
43.200.080
Additional powers and duties of director—Site closure
account—Perpetual surveillance and maintenance account.
43.200.080
43.200.080 Additional powers and duties of director—Site closure account—Perpetual surveillance and
maintenance account. The director of ecology shall, in
addition to the powers and duties otherwise imposed by law,
have the following special powers and duties:
(1) To fulfill the responsibilities of the state under the
lease between the state of Washington and the federal government executed September 10, 1964, covering one thousand acres of land lying within the Hanford reservation near
Richland, Washington. The department of ecology may sublease to private or public entities all or a portion of the land
for specific purposes or activities which are determined, after
public hearing, to be in agreement with the terms of the lease
and in the best interests of the citizens of the state consistent
with any criteria that may be developed as a requirement by
the legislature;
(2) To assume the responsibilities of the state under the
perpetual care agreement between the state of Washington
and the federal government executed July 29, 1965 and the
sublease between the state of Washington and the site operator of the Hanford low-level radioactive waste disposal facility. In order to finance perpetual surveillance and maintenance under the agreement and ensure site closure under the
sublease, the department of ecology shall impose and collect
fees from parties holding radioactive materials for waste
management purposes. The fees shall be established by rule
adopted under chapter 34.05 RCW and shall be an amount
determined by the department of ecology to be necessary to
defray the estimated liability of the state. Such fees shall
reflect equity between the disposal facilities of this and other
states. A site closure account and a perpetual surveillance
and maintenance account is hereby created in the state treasury. The site closure account shall be exclusively available
to reimburse, to the extent that moneys are available in the
account, the site operator for its costs plus a reasonable profit
as agreed by the operator and the state, or to reimburse the
state licensing agency and any agencies under contract to the
state licensing agency for their costs in final closure and
decommissioning of the Hanford low-level radioactive waste
disposal facility. If a balance remains in the account after satisfactory performance of closure and decommissioning, this
[2003 RCW Supp—page 591]
Chapter 43.211
Title 43 RCW: State Government—Executive
balance shall be transferred to the perpetual surveillance and
maintenance account. The perpetual surveillance and maintenance account shall be used exclusively by the state to meet
post-closure surveillance and maintenance costs, or for otherwise satisfying surveillance and maintenance obligations.
Appropriations are required to permit expenditures and payment of obligations from the site closure account and the perpetual surveillance and maintenance account. All moneys,
including earnings from the investment of balances in the site
closure and the perpetual surveillance and maintenance
account, less the allocation to the state treasurer's service
fund, pursuant to RCW 43.08.190 accruing under the authority of this section shall be directed to the site closure account
until December 31, 1992. Thereafter receipts including earnings from the investment of balances in the site closure and
the perpetual surveillance and maintenance account, less the
allocation to the state treasurer's service fund, pursuant to
RCW 43.08.190 shall be directed to the site closure account
and the perpetual surveillance and maintenance account as
specified by the department. Additional moneys specifically
appropriated by the legislature or received from any public or
private source may be placed in the site closure account and
the perpetual surveillance and maintenance account. During
the 2003-2005 fiscal biennium, the legislature may transfer
up to thirteen million eight hundred thousand dollars from the
site closure account to the general fund;
(3)(a) Subject to the conditions in (b) of this subsection,
on July 1, 2008, and each July 1st thereafter, the treasurer
shall transfer from the perpetual surveillance and maintenance account to the site closure account the sum of nine hundred sixty-six thousand dollars. The nine hundred sixty-six
thousand dollars transferred on July 1, 2009, and thereafter
shall be adjusted to a level equal to the percentage increase in
the United States implicit price deflator for personal consumption. The last transfer under this section shall occur on
July 1, 2033.
(b) The transfer in (a) of this subsection shall occur only
if written agreement is reached between the state department
of ecology and the United States department of energy pursuant to section 6 of the perpetual care agreement dated July 29,
1965, between the United States atomic energy commission
and the state of Washington. If agreement cannot be reached
between the state department of ecology and the United
States department of energy by June 1, 2008, the treasurer
shall transfer the funds from the general fund to the site closure account according to the schedule in (a) of this subsection.
(c) If for any reason the Hanford low level radioactive
waste disposal facility is closed to further disposal operations
during or after the 2003-2005 biennium and before 2033,
then the amount remaining to be repaid from the 2003-2005
transfer of thirteen million eight hundred thousand dollars
from the site closure account shall be transferred by the treasurer from the general fund to the site closure account to fund
the closure and decommissioning of the facility. The treasurer shall transfer to the site closure account in full the
amount remaining to be repaid upon written notice from the
secretary of health that the department of health has authorized closure or that disposal operations have ceased. The
treasurer shall complete the transfer within sixty days of written notice from the secretary of health.
[2003 RCW Supp—page 592]
(d) To the extent that money in the site closure account
together with the amount of money identified for repayment
to the site closure account, pursuant to (a) through (c) of this
subsection, equals or exceeds the cost estimate approved by
the department of health for closure and decommissioning of
the facility, the money in the site closure account together
with the amount of money identified for repayment to the site
closure account shall constitute adequate financial assurance
for purposes of the department of health financial assurance
requirements;
(4) To assure maintenance of such insurance coverage by
state licensees, lessees, or sublessees as will adequately, in
the opinion of the director, protect the citizens of the state
against nuclear accidents or incidents that may occur on privately or state-controlled nuclear facilities;
(5) To institute a user permit system and issue site use
permits, consistent with regulatory practices, for generators,
packagers, or brokers using the Hanford low-level radioactive waste disposal facility. The costs of administering the
user permit system shall be borne by the applicants for site
use permits. The site use permit fee shall be set at a level that
is sufficient to fund completely the executive and legislative
participation in activities related to the Northwest Interstate
Compact on Low-Level Radioactive Waste Management;
(6) To make application for or otherwise pursue any federal funds to which the state may be eligible, through the federal resource conservation and recovery act or any other federal programs, for the management, treatment or disposal,
and any remedial actions, of wastes that are both radioactive
and hazardous at all Hanford low-level radioactive waste disposal facilities; and
(7) To develop contingency plans for duties and options
for the department and other state agencies related to the
Hanford low-level radioactive waste disposal facility based
on various projections of annual levels of waste disposal.
These plans shall include an analysis of expected revenue to
the state in various taxes and funds related to low-level radioactive waste disposal and the resulting implications that any
increase or decrease in revenue may have on state agency
duties or responsibilities. The plans shall be updated annually. [2003 1st sp.s. c 21 § 1; 1999 c 372 § 12; 1991 sp.s. c 13
§ 60; 1990 c 21 § 6; 1989 c 418 § 2; 1986 c 2 § 1; 1983 1st
ex.s. c 19 § 8.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Suspension and reinstatement of site use permits: RCW 70.98.085.
Chapter 43.211
Chapter 43.211 RCW
211 INFORMATION SYSTEM
Sections
43.211.005
43.211.010
43.211.020
43.211.030
43.211.040
43.211.050
43.211.060
43.211.070
43.211.900
43.211.901
43.211.902
Findings.
211 system.
Definitions.
New information services.
211 services.
211 account.
Use of 211 account moneys.
Reports to the legislature.
Captions not law.
Severability—2003 c 135.
Effective date—2003 c 135.
211 Information System
43.211.902
43.211.005
43.211.005 Findings. The legislature finds that the
implementation of a single easy to use telephone number,
211, for public access to information and referral for health
and human services and information about access to services
after a natural or nonnatural disaster will benefit the citizens
of the state of Washington by providing easier access to
available health and human services, by reducing inefficiencies in connecting people with the desired service providers,
and by reducing duplication of efforts. The legislature further finds in a time of reduced resources for providing health
and human services that establishing a cost-effective means
to continue to provide information to the public about available services is important. The legislature further finds that
an integrated statewide system of local information and referral service providers will build upon an already existing network of experienced service providers without the necessity
of creating a new agency, department, or system to provide
211 services. The legislature further finds that no funds
should be appropriated by the legislature to a 211 system
under chapter 135, Laws of 2003 without receiving documentation that a 211 system will provide savings to the state.
[2003 c 135 § 1.]
43.211.010
43.211.010 211 system. 211 is created as the official
state dialing code for public access to information and referral for health and human services and information about
access to services after a natural or nonnatural disaster.
[2003 c 135 § 2.]
43.211.020
43.211.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Department" means the department of social and
health services.
(2) "WIN 211" means the Washington information network 211, a 501(c)(3) corporation incorporated in the state of
Washington.
(3) "Approved 211 service provider" means a public or
nonprofit agency or organization designated by WIN 211 to
provide 211 services.
(4) "211 service area" means an area of the state of
Washington identified by WIN 211 as an area in which an
approved 211 service provider will provide 211 services.
(5) "211" means the abbreviated dialing code assigned
by the federal communications commission on July 21, 2000,
for consumer access to community information and referral
services. [2003 c 135 § 3.]
of information and referral systems and adopted by the
national 211 collaborative on May 5, 2000;
(2) The financial stability and health of the proposed 211
service provider;
(3) The community support for the proposed 211 service
provider;
(4) The relationships with other information and referral
services; and
(5) Such other criteria as WIN 211 deems appropriate.
[2003 c 135 § 5.]
43.211.050
43.211.050 211 account. The 211 account is created in
the state treasury. Moneys in the account may be spent only
after appropriation. The 211 account shall include any funding for this purpose appropriated by the legislature, private
contributions, and all other sources. Expenditures from the
211 account shall be used only for the implementation and
support of the 211 system. [2003 c 135 § 6.]
43.211.060
43.211.060 Use of 211 account moneys. (1) WIN 211
shall study, design, implement, and support a statewide 211
system.
(2) Activities eligible for assistance from the 211
account include, but are not limited to:
(a) Creating a structure for a statewide 211 resources
data base that will meet the alliance for information and referral systems standards for information and referral systems
data bases and that will be integrated with local resources
data bases maintained by approved 211 service providers;
(b) Developing a statewide resources data base for the
211 system;
(c) Maintaining public information available from state
agencies, departments, and programs that provide health and
human services for access by 211 service providers;
(d) Providing grants to approved 211 service providers
for the design, development, and implementation of 211 for
its 211 service area;
(e) Providing grants to approved 211 service providers to
enable 211 service providers to provide 211 service on an
ongoing basis; and
(f) Providing grants to approved 211 service providers to
enable the provision of 211 services on a twenty-four-hour
per day seven-day a week basis. [2003 c 135 § 7.]
43.211.070
43.211.070 Reports to the legislature. WIN 211 shall
provide an annual report to the legislature and the department
beginning July 1, 2004. [2003 c 135 § 8.]
43.211.030
43.211.030 New information services. Before a state
agency or department that provides health and human services establishes a new public information telephone line or
hotline, the state agency or department shall consult with
WIN 211 about using the 211 system to provide public access
to the information. [2003 c 135 § 4.]
43.211.040
43.211.040 211 services. Only a service provider
approved by WIN 211 may provide 211 telephone services.
WIN 211 shall approve 211 service providers, after considering the following:
(1) The ability of the proposed 211 service provider to
meet the national 211 standards recommended by the alliance
43.211.900
43.211.900 Captions not law. Captions used in this
chapter are not part of the law. [2003 c 135 § 9.]
43.211.901
43.211.901 Severability—2003 c 135. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2003 c 135 § 10.]
43.211.902
43.211.902 Effective date—2003 c 135. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
[2003 RCW Supp—page 593]
Chapter 43.300
Title 43 RCW: State Government—Executive
existing public institutions, and takes effect July 1, 2003.
[2003 c 135 § 11.]
43.320.110
43.320.110
Chapter 43.300 RCW
43.320.115
43.320.140
DEPARTMENT OF FISH AND WILDLIFE
43.320.1401
Chapter 43.300
Sections
43.300.080
Cost-reimbursement agreements.
43.300.080
43.300.080 Cost-reimbursement agreements. (1) The
department may enter into a written cost-reimbursement
agreement with a permit applicant to recover from the applicant the reasonable costs incurred by the department in carrying out the requirements of this chapter, as well as the
requirements of other relevant laws, as they relate to permit
coordination, environmental review, application review,
technical studies, and permit processing. The cost-reimbursement agreement shall identify the specific tasks, costs,
and schedule for work to be conducted under the agreement.
(2) The written cost-reimbursement agreement shall be
negotiated with the permit applicant. Under the provisions of
a cost-reimbursement agreement, funds from the applicant
shall be used by the department to contract with an independent consultant to carry out the work covered by the costreimbursement agreement. The department may also use
funds provided under a cost-reimbursement agreement to
assign current staff to review the work of the consultant, to
provide necessary technical assistance when an independent
consultant with comparable technical skills is unavailable,
and to recover reasonable and necessary direct and indirect
costs that arise from processing the permit. The department
shall, in developing the agreement, ensure that final decisions
that involve policy matters are made by the agency and not by
the consultant. The department shall make an estimate of the
number of permanent staff hours to process the permits, and
shall contract with consultants to replace the time and functions committed by these permanent staff to the project. The
billing process shall provide for accurate time and cost
accounting and may include a billing cycle that provides for
progress payments. Use of cost-reimbursement agreements
shall not reduce the current level of staff available to work on
permits not covered by cost-reimbursement agreements. The
department may not use any funds under a cost-reimbursement agreement to replace or supplant existing funding. The
restrictions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a
cost-reimbursement agreement.
(3) The department may not enter into any new costreimbursement agreements on or after July 1, 2007. The
department may continue to administer any cost-reimbursement agreement that was entered into before July 1, 2007,
until the project is completed. [2003 c 70 § 4; 2000 c 251 §
5.]
Intent—Captions not law—Effective date—2000 c 251: See notes
following RCW 43.21A.690.
Chapter 43.320
Chapter 43.320 RCW
DEPARTMENT OF FINANCIAL INSTITUTIONS
Sections
[2003 RCW Supp—page 594]
Financial services regulation fund (as amended by 2003 c
288).
Financial services regulation fund (as amended by 2003 1st
sp.s. c 25).
Securities prosecution fund.
Mortgage lending fraud prosecution account—Created.
(Expires June 30, 2006.)
Mortgage lending fraud prosecution account—Report to legislature. (Expires June 30, 2006.)
43.320.110
43.320.110 Financial services regulation fund (as amended by 2003
c 288). There is created a local fund known as the "financial services regulation fund" which shall consist of all moneys received by the divisions of
the department of financial institutions, except for the division of securities
which shall deposit thirteen percent of all moneys received, except as provided in RCW 43.320.115, and which shall be used for the purchase of supplies and necessary equipment; the payment of salaries, wages, and utilities;
the establishment of reserves; and other incidental costs required for the
proper regulation of individuals and entities subject to regulation by the
department. The state treasurer shall be the custodian of the fund. Disbursements from the fund shall be on authorization of the director of financial
institutions or the director's designee. In order to maintain an effective
expenditure and revenue control, the fund shall be subject in all respects to
chapter 43.88 RCW, but no appropriation is required to permit expenditures
and payment of obligations from the fund.
((Between July 1, 2001, and December 31, 2001, the legislature may
transfer up to two million dollars from the financial services regulation fund
to the digital government revolving account. During the 2001-2003 fiscal
biennium, the legislature may transfer from the financial services regulation
fund to the state general fund such amounts as reflect the excess fund balance
of the fund and appropriations reductions made by the 2002 supplemental
appropriations act for administrative efficiencies and savings.)) [2003 c 288
§ 1; 2002 c 371 § 912; 2001 2nd sp.s. c 7 § 911; 2001 c 177 § 2; 1995 c 238
§ 9; 1993 c 472 § 25; 1981 c 241 § 1. Formerly RCW 43.19.095.]
43.320.110
43.320.110 Financial services regulation fund (as amended by 2003
1st sp.s. c 25). There is created a local fund known as the "financial services
regulation fund" which shall consist of all moneys received by the divisions
of the department of financial institutions, except for the division of securities which shall deposit thirteen percent of all moneys received, and which
shall be used for the purchase of supplies and necessary equipment; the payment of salaries, wages, and utilities; the establishment of reserves; and other
incidental costs required for the proper regulation of individuals and entities
subject to regulation by the department. The state treasurer shall be the custodian of the fund. Disbursements from the fund shall be on authorization of
the director of financial institutions or the director's designee. In order to
maintain an effective expenditure and revenue control, the fund shall be subject in all respects to chapter 43.88 RCW, but no appropriation is required to
permit expenditures and payment of obligations from the fund.
((Between July 1, 2001, and December 31, 2001, the legislature may
transfer up to two million dollars from the financial services regulation fund
to the digital government revolving account.)) During the ((2001-)) 20032005 fiscal biennium, the legislature may transfer from the financial services
regulation fund to the state general fund such amounts as reflect the excess
fund balance of the fund ((and appropriations reductions made by the 2002
supplemental appropriations act for administrative efficiencies and savings)). [2003 1st sp.s. c 25 § 921; 2002 c 371 § 912; 2001 2nd sp.s. c 7 § 911;
2001 c 177 § 2; 1995 c 238 § 9; 1993 c 472 § 25; 1981 c 241 § 1. Formerly
RCW 43.19.095.]
Reviser's note: RCW 43.320.110 was amended twice during the 2003
legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Severability—2001 2nd sp.s. c 7: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2001 2nd sp.s. c 7 § 923.]
Effective date—2001 2nd sp.s. c 7: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
Department of Community, Trade, and Economic Development
immediately [June 26, 2001], except for section 911 of this act which takes
effect July 1, 2001." [2001 2nd sp.s. c 7 § 924.]
Effective date—2001 c 177: See note following RCW 43.320.080.
Effective date—1995 c 238: See note following RCW 18.44.011.
Effective date—1981 c 241: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1981." [1981 c 241 § 4.]
43.320.115
43.320.115 Securities prosecution fund. (1) The securities prosecution fund is created in the custody of the state
treasurer and shall consist of all fines received by the division
of securities under RCW 21.20.400(2), 21.20.110, and
21.20.395 and all undistributed funds from orders of disgorgement and restitution under RCW 21.20.110(8) and
21.20.390(6). No appropriation is required to permit expenditures from this fund, but the account is subject to allotment
procedures under chapter 43.88 RCW.
(2) Expenditures from this fund may be used solely for
administering the fund and for payment of costs, expenses,
and charges incurred in the preparation, initiation, and prosecution of criminal charges for violations of chapters 21.20,
21.30, 19.100, and 19.110 RCW. Only the director or the
director's designee may authorize expenditures from the
fund.
(3) Applications for fund expenditures must be submitted by the attorney general or the proper prosecuting attorney
to the director. The application must clearly identify the
alleged criminal violations identified in subsection (2) of this
section and indicate the purpose for which the funds will be
used. The application must also certify that any funds
received will be expended only for the purpose requested.
Funding requests must be approved by the director prior to
any expenditure being incurred by the requesting attorney
general or prosecuting attorney. At the conclusion of the
prosecution, the attorney general or prosecuting attorney
shall provide the director with an accounting of fund expenditures, a summary of the case, and certify his or her compliance with any rules adopted by the director relating to the
administration of the fund.
(4) If the balance of the securities prosecution fund
reaches three hundred fifty thousand dollars, all fines
received by the d iv ision of securities un der RCW
21.20.400(2), 21.20.110, and 21.20.395 and all undistributed
funds from orders of disgorgement and restitution under
RCW 21.20.110(8) and 21.20.390(6) shall be deposited in the
financial services regulation fund until such time as the balance in the fund falls below three hundred fifty thousand dollars, at which time the fines received by the division of securities under RCW 21.20.400(2), 21.20.110, and 21.20.395
and all undistributed funds from orders of disgorgement and
restitution under RCW 21.20.110(8) and 21.20.390(6) shall
be deposited to the securities prosecution fund until balance
in the fund once again reaches three hundred fifty thousand
dollars. [2003 c 288 § 2.]
43.320.140
43.320.140 Mortgage lending fraud prosecution
account—Created. (Expires June 30, 2006.) (1) The mortgage lending fraud prosecution account is created in the custody of the state treasurer. All receipts from the surcharge
imposed in RCW 36.22.181, except those retained by the
43.330.090
county auditor for administration, must be deposited into the
account. Except as otherwise provided in this section, expenditures from the account may be used only for criminal prosecution of fraudulent activities related to mortgage lending
fraud crimes. Only the director of the department of financial
institutions or the director's designee may authorize expenditures from the account. The account is subject to allotment
procedures under chapter 43.88 RCW, but an appropriation is
not required for expenditures.
(2) This section expires June 30, 2006. [2003 c 289 § 2.]
43.320.1401
43.320.1401 Mortgage lending fraud prosecution
account—Report to legislature. (Expires June 30, 2006.)
(1) Before December 31st of every year, the department of
financial institutions shall provide the senate and house of
representatives committees that address matters related to
financial institutions with a written report outlining the activity of the mortgage lending fraud prosecution account.
(2) This section expires June 30, 2006. [2003 c 289 § 3.]
Chapter 43.330
Chapter 43.330 RCW
DEPARTMENT OF COMMUNITY, TRADE, AND
ECONOMIC DEVELOPMENT
Sections
43.330.090
43.330.094
Economic diversification strategies—Targeted sectors—Tourism expansion.
Tourism development and promotion account—Promotion of
tourism industry.
43.330.090
43.330.090 Economic diversification strategies—
Targeted sectors—Tourism expansion. (1) The department shall work with private sector organizations, local governments, local associate development organizations, and
higher education and training institutions to assist in the
development of strategies to diversify the economy, facilitate
technology transfer and diffusion, and increase value-added
production by focusing on targeted sectors. The targeted sectors may include, but are not limited to, software, forest products, biotechnology, environmental industries, recycling
markets and waste reduction, aerospace, food processing,
tourism, film and video, microelectronics, new materials,
robotics, and machine tools. The department shall, on a continuing basis, evaluate the potential return to the state from
devoting additional resources to a targeted sector's approach
to economic development and including additional sectors in
its efforts. The department shall use information gathered in
each service delivery region in formulating its sectoral strategies and in designating new targeted sectors.
(2) The department shall pursue a coordinated program
to expand the tourism industry throughout the state in cooperation with the public and private tourism development
organizations. The department, in operating its tourism program, shall:
(a) Promote Washington as a tourism destination to
national and international markets to include nature-based
and wildlife viewing tourism;
(b) Provide information to businesses and local communities on tourism opportunities that could expand local revenues;
[2003 RCW Supp—page 595]
43.330.094
Title 43 RCW: State Government—Executive
(c) Assist local communities to strengthen their tourism
partnerships, including their relationships with state and local
agencies;
(d) Provide leadership training and assistance to local
communities to facilitate the development and implementation of local tourism plans;
(e) Coordinate the development of a statewide tourism
and marketing plan. The department's tourism planning
efforts shall be carried out in conjunction with public and private tourism development organizations including the department of fish and wildlife and other appropriate agencies. The
plan shall specifically address mechanisms for: (i) Funding
national and international marketing and nature-based tourism efforts; (ii) interagency cooperation; and (iii) integrating
the state plan with local tourism plans.
(3) The department may, in carrying out its efforts to
expand the tourism industry in the state:
(a) Solicit and receive gifts, grants, funds, fees, and
endowments, in trust or otherwise, from tribal, local or other
governmental entities, as well as private sources, and may
expend the same or any income therefrom for tourism purposes. All revenue received for tourism purposes shall be
deposited into the tourism development and promotion
account created in RCW 43.330.094;
(b) Host conferences and strategic planning workshops
relating to the promotion of nature-based and wildlife viewing tourism;
(c) Conduct or contract for tourism-related studies;
(d) Contract with individuals, businesses, or public entities to carry out its tourism-related activities under this section;
(e) Provide tourism-related organizations with marketing and other technical assistance;
(f) Evaluate and make recommendations on proposed
tourism-related policies.
(4) The department shall promote, market, and encourage growth in the production of films and videos, as well as
television commercials within the state; to this end the
department is directed to assist in the location of a film and
video production studio within the state.
(5) In assisting in the development of a targeted sector,
the department's activities may include, but are not limited to:
(a) Conducting focus group discussions, facilitating
meetings, and conducting studies to identify members of the
sector, appraise the current state of the sector, and identify
issues of common concern within the sector;
(b) Supporting the formation of industry associations,
publications of association directories, and related efforts to
create or expand the activities or industry associations;
(c) Assisting in the formation of flexible networks by
providing (i) agency employees or private sector consultants
trained to act as flexible network brokers and (ii) funding for
potential flexible network participants for the purpose of
organizing or implementing a flexible network;
(d) Helping establish research consortia;
(e) Facilitating joint training and education programs;
(f) Promoting cooperative market development activities;
(g) Analyzing the need, feasibility, and cost of establishing product certification and testing facilities and services;
and
[2003 RCW Supp—page 596]
(h) Providing for methods of electronic communication
and information dissemination among firms and groups of
firms to facilitate network activity. [2003 c 153 § 2; 1998 c
245 § 85; 1994 c 144 § 1; 1993 c 280 § 12.]
Findings—2003 c 153: "The legislature finds that tourism is a growing
sector of the Washington economy. Washington has a diverse geography,
geology, climate, and natural resources, and offers abundant opportunities
for wildlife viewing. Nature-based tourism is the fastest growing outdoor
activity and segment of the travel industry and the state can take advantage
of this by marketing Washington's natural assets to international as well as
national tourist markets. Expanding tourism efforts can provide Washington
residents with jobs and local communities with needed revenues.
The legislature also finds that current efforts to promote Washington's
natural resources and nature-based tourism to national and international markets are too diffuse and limited by funding and that a collaborative effort
among state and local governments, tribes, and private enterprises can serve
to leverage the investments in nature-based tourism made by each." [2003 c
153 § 1.]
Effective date—1994 c 144: "This act shall take effect July 1, 1994."
[1994 c 144 § 3.]
43.330.094
43.330.094 Tourism development and promotion
account—Promotion of tourism industry. The tourism
development and promotion account is created in the state
treasury. All receipts from RCW 36.102.060(10) and
43.330.090(3)(a) must be deposited into the account. Moneys in the account received under RCW 36.102.060(10) may
be spent only after appropriation. No appropriation is
required for expenditures from moneys received under RCW
43.330.090(3)(a). Expenditures from the account may be
used by the department of community, trade, and economic
development only for the purposes of expanding and promoting the tourism industry in the state of Washington. [2003 c
153 § 4; 1997 c 220 § 223 (Referendum Bill No. 48, approved
June 17, 1997).]
Findings—2003 c 153: See note following RCW 43.330.090.
Referendum—Other legislation limited—Legislators' personal
intent not indicated—Reimbursements for election—Voters' pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Chapter 43.332 RCW
OFFICE OF THE WASHINGTON STATE
TRADE REPRESENTATIVE
Chapter 43.332
Sections
43.332.005
43.332.010
43.332.020
43.332.005
Findings—Purpose.
Office created—Duties.
Gifts, grants—Bank account.
43.332.005 Findings—Purpose. (1) The legislature
finds that:
(a) The expansion of international trade is vital to the
overall growth of Washington's economy;
(b) On a per capita basis, Washington state is the most
international trade dependent state in the nation;
(c) The North American free trade agreement (NAFTA)
and the general agreement on tariffs and trade (GATT) highlight the increased importance of international trade opportunities to the United States and the state of Washington;
(d) The passage of NAFTA and GATT will have a major
impact on the state's agriculture, aerospace, computer software, and textiles and apparel sectors;
State Government—Legislative
(e) There is a need to strengthen and coordinate the
state's activities in promoting and developing its agricultural,
manufacturing, and service industries overseas, especially for
small and medium-sized businesses, and minority and
women-owned business enterprises; and
(f) The importance of having a coherent vision for
advancing Washington state's interest in the global economy
has rarely been so consequential as it is now.
(2) The legislature declares that the purpose of the office
of the Washington state trade representative is to:
(a) Strengthen and expand the state's activities in marketing its goods and services overseas;
(b) Review and analyze proposed international trade
agreements to assess their impact on goods and services produced by Washington businesses; and
(c) Inform the legislature about ongoing trade negotiations, trade development, and the possible impacts on Washington's economy. [2003 c 346 § 1; 1995 c 350 § 1.]
43.332.010
43.332.010 Office created—Duties. (1) The office of
the Washington state trade representative is created in the
office of the governor. The office shall serve as the state's
official liaison with foreign governments on trade matters.
(2) The office shall:
(a) Work with the department of community, trade, and
economic development, the department of agriculture, and
other appropriate state agencies, and within the agencies'
existing resources, review and analyze proposed and enacted
international trade agreements and provide an assessment of
the impact of the proposed or enacted agreement on Washington's businesses and firms;
(b) Provide input to the office of the United States trade
representative in the development of international trade,
commodity, and direct investment policies that reflect the
concerns of the state of Washington;
(c) Serve as liaison to the legislature on matters of trade
policy oversight including, but not limited to, updates to the
legislature regarding the status of trade negotiations, trade litigation, and the impacts of trade policy on Washington state
businesses;
(d) Work with the international trade division of the
department of community, trade, and economic development
and the international marketing program of the Washington
state department of agriculture to develop a statewide strategy designed to increase the export of Washington goods and
services, particularly goods and services from small and
medium-sized businesses; and
(e) Conduct other activities the governor deems necessary to promote international trade and foreign investment
within the state. [2003 c 346 § 2; 1995 c 350 § 2.]
Reviser's note: Subsection (3) of this section was vetoed by the governor. The vetoed language is as follows:
"(3) The office shall prepare and submit an annual report on its activities under subsection (2) of this section to the governor and appropriate committees of the legislature."
43.332.020
43.332.020 Gifts, grants—Bank account. The office
of the Washington state trade representative may accept or
request grants or gifts from citizens and other private sources
to be used to defray the costs of appropriate hosting of foreign dignitaries, including appropriate gift-giving and recip-
44.04.270
rocal gift-giving, or other activities of the office. The office
shall open and maintain a bank account into which it shall
deposit all money received under this section. Such money
and the interest accruing thereon shall not constitute public
funds, shall be kept segregated and apart from funds of the
state, and shall not be subject to appropriation or allotment by
the state or subject to chapter 43.88 RCW. [2003 c 346 § 3.]
Title 44
Title 44
STATE GOVERNMENT—LEGISLATIVE
Chapters
44.04 General provisions.
44.28 Joint legislative audit and review committee.
44.40 Legislative transportation committee—Senate
and house transportation committees.
44.44 Office of state actuary—Joint committee on pension policy.
44.52 Legislative committee on economic development.
44.55 Joint legislative oversight committee on trade
policy.
44.75 Transportation performance audit board.
Chapter 44.04
Chapter 44.04 RCW
GENERAL PROVISIONS
Sections
44.04.260
44.04.270
Legislative committees—Oversight.
Legislative international trade account.
44.04.260
44.04.260 Legislative committees—Oversight. The
joint legislative audit and review committee, the legislative
transportation committee, the select committee on pension
policy, the legislative evaluation and accountability program
committee, and the joint legislative systems committee are
subject to such operational policies, procedures, and oversight as are deemed necessary by the facilities and operations
committee of the senate and the executive rules committee of
the house of representatives to ensure operational adequacy
of the agencies of the legislative branch. As used in this section, "operational policies, procedures, and oversight"
includes the development process of biennial budgets, contracting procedures, personnel policies, and compensation
plans, selection of a chief administrator, facilities, and expenditures. This section does not grant oversight authority to the
facilities and operations committee of the senate over any
standing committee of the house of representatives or oversight authority to the executive rules committee of the house
of representatives over any standing committee of the senate.
[2003 c 295 § 12; 2001 c 259 § 1.]
44.04.270
44.04.270 Legislative international trade account.
The legislative international trade account is created in the
custody of the state treasurer. All moneys received by the
president of the senate and the secretary of state from gifts,
grants, and endowments for international trade hosting, international relations, and international missions activities must
be deposited in the account. Only private, nonpublic gifts,
grants, and endowments may be deposited in the account. A
person, as defined in RCW 42.52.010, may not donate, gift,
grant, or endow more than five thousand dollars per calendar
[2003 RCW Supp—page 597]
Chapter 44.28
Title 44 RCW: State Government—Legislative
year to the legislative international trade account. Expenditures from the account may be used only for the purposes of
international trade hosting, international relations, and international trade mission activities, excluding travel and lodging, in which the president and members of the senate, members of the house of representatives, and the secretary of state
participate in an official capacity. An appropriation is not
required for expenditures. All requests by individual legislators for use of funds from this account must be first approved
by the secretary of the senate for members of the senate or the
chief clerk of the house of representatives for members of the
house of representatives. All expenditures from the account
shall be authorized by the final signed approval of the chief
clerk of the house of representatives, the secretary of the senate, and the president of the senate. [2003 c 265 § 1.]
Chapter 44.28
Chapter 44.28 RCW
JOINT LEGISLATIVE AUDIT AND
REVIEW COMMITTEE
(Formerly: Legislative budget committee)
Sections
44.28.088
44.28.161
Performance audit reports—Preliminary, final.
Legislative transportation committee-directed audits.
leaders of both major political parties of the senate and the
house of representatives.
(3) Before releasing the results of a performance audit
originally requested by the executive committee of the legislative transportation committee to the legislature or the public, the legislative auditor shall submit the preliminary performance audit report to the executive committee of the joint
committee and the executive committee of the legislative
transportation committee for review and comments solely on
the management of the audit. Any comments by the executive committee of the joint committee and executive committee of the legislative transportation committee must be
included as a separate addendum to the final performance
audit report. Upon consideration and incorporation of the
review and comments of the executive committee of the joint
committee and executive committee of the legislative transportation committee, the legislative auditor shall transmit the
final performance audit report to the affected agency or local
government, the director of financial management, the leadership of the senate and the house of representatives, and the
appropriate standing committees of the house of representatives and the senate and shall publish the results and make the
report available to the public. [2003 c 362 § 14; 1996 c 288
§ 13.]
Effective date—2003 c 362: See RCW 44.75.901.
44.28.088
44.28.088 Performance audit reports—Preliminary,
final. (1) When the legislative auditor has completed a performance audit authorized in the performance audit work
plan, the legislative auditor shall transmit the preliminary
performance audit report to the affected state agency or local
government and the office of financial management for comment. The agency or local government and the office of
financial management shall provide any response to the legislative auditor within thirty days after receipt of the preliminary performance audit report unless a different time period
is approved by the joint committee. The legislative auditor
shall incorporate the response of the agency or local government and the office of financial management into the final
performance audit report.
(2) Except as provided in subsection (3) of this section,
before releasing the results of a performance audit to the legislature or the public, the legislative auditor shall submit the
preliminary performance audit report to the joint committee
for its review, comments, and final recommendations. Any
comments by the joint committee must be included as a separate addendum to the final performance audit report. Upon
consideration and incorporation of the review, comments,
and recommendations of the joint committee, the legislative
auditor shall transmit the final performance audit report to the
affected agency or local government, the director of financial
management, the leadership of the senate and the house of
representatives, and the appropriate standing committees of
the house of representatives and the senate and shall publish
the results and make the report available to the public. For
purposes of this section, "leadership of the senate and the
house of representatives" means the speaker of the house, the
majority leaders of the senate and the house of representatives, the minority leaders of the senate and the house of representatives, the caucus chairs of both major political parties
of the senate and the house of representatives, and the floor
[2003 RCW Supp—page 598]
44.28.161
44.28.161 Legislative transportation committeedirected audits. In addition to any other audits developed or
included in the audit work plan under this chapter, the legislative auditor shall manage audits directed by the executive
committee of the legislative transportation committee under
RCW 44.75.080. If directed to perform or contract for audit
services under RCW 44.75.080, the legislative auditor or
joint legislative audit and review committee will receive from
the legislative transportation committee an interagency reimbursement equal to the cost of the contract or audit services.
[2003 c 362 § 13.]
Effective date—2003 c 362: See RCW 44.75.901.
Chapter 44.40 RCW
Chapter 44.40
LEGISLATIVE TRANSPORTATION COMMITTEE—
SENATE AND HOUSE
TRANSPORTATION COMMITTEES
Sections
44.40.161
Audit review of transportation-related agencies.
44.40.161
44.40.161 Audit review of transportation-related
agencies. The executive committee of the legislative transportation committee or its successor may work with the joint
legislative audit and review committee to review and audit
transportation-related agencies, as directed in chapter 44.75
RCW. [2003 c 362 § 16.]
Effective date—2003 c 362: See RCW 44.75.901.
Chapter 44.44
Chapter 44.44 RCW
OFFICE OF STATE ACTUARY—JOINT
COMMITTEE ON PENSION POLICY
Sections
Legislative Committee on Economic Development
44.44.013
44.44.015
44.44.030
44.44.040
44.44.050
44.44.060
State actuary appointment committee—Creation—Membership—Powers.
Repealed.
Personnel—Member of American academy of actuaries.
Powers and duties—Actuarial fiscal notes.
Repealed.
Repealed.
44.44.013
44.44.013 State actuary appointment committee—
Creation—Membership—Powers. (1) The state actuary
appointment committee is created. The committee shall consist of: (a) The chair and ranking minority member of the
house of representatives appropriations committee and the
chair and ranking minority member of the senate ways and
means committee; and (b) four members of the select committee on pension policy appointed jointly by the chair and
vice-chair of the select committee, at least one member representing state retirement systems active or retired members,
and one member representing state retirement system
employers.
(2) The state actuary appointment committee shall be
jointly chaired by the chair of the house of representatives
appropriations committee and the chair of the senate ways
and means committee.
(3) The state actuary appointment committee shall
appoint or remove the state actuary by a two-thirds vote of
the committee. When considering the appointment or
removal of the state actuary, the appointment committee shall
consult with the director of the department of retirement systems, the director of the office of financial management, and
other interested parties.
(4) The state actuary appointment committee shall be
convened by the chairs of the house of representatives appropriations committee and the senate ways and means committee (a) whenever the position of state actuary becomes
vacant, or (b) upon the written request of any four members
of the appointment committee. [2003 c 295 § 13.]
44.44.015
44.44.015 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
44.44.030
44.44.030 Personnel—Member of American academy of actuaries. (1) Subject to RCW 44.04.260, the state
actuary shall have the authority to select and employ such
research, technical, clerical personnel, and consultants as the
actuary deems necessary, whose salaries shall be fixed by the
actuary and approved by the state actuary appointment committee, and who shall be exempt from the provisions of the
state civil service law, chapter 41.06 RCW.
(2) All actuarial valuations and experience studies performed by the office of the state actuary shall be signed by a
member of the American academy of actuaries. If the state
actuary is not such a member, the state actuary, after approval
by the select committee, shall contract for a period not to
exceed two years with a member of the American academy of
actuaries to assist in developing actuarial valuations and
experience studies. [2003 c 295 § 14; 2001 c 259 § 11; 1987
c 25 § 2; 1975-'76 2nd ex.s. c 105 § 21.]
44.44.040
44.44.040 Powers and duties—Actuarial fiscal notes.
The office of the state actuary shall have the following powers and duties:
44.52.010
(1) Perform all actuarial services for the department of
retirement systems, including all studies required by law.
(2) Advise the legislature and the governor regarding
pension benefit provisions, and funding policies and investment policies of the state investment board.
(3) Consult with the legislature and the governor concerning determination of actuarial assumptions used by the
department of retirement systems.
(4) Prepare a report, to be known as the actuarial fiscal
note, on each pension bill introduced in the legislature which
briefly explains the financial impact of the bill. The actuarial
fiscal note shall include: (a) The statutorily required contribution for the biennium and the following twenty-five years;
(b) the biennial cost of the increased benefits if these exceed
the required contribution; and (c) any change in the present
value of the unfunded accrued benefits. An actuarial fiscal
note shall also be prepared for all amendments which are
offered in committee or on the floor of the house of representatives or the senate to any pension bill. However, a majority
of the members present may suspend the requirement for an
actuarial fiscal note for amendments offered on the floor of
the house of representatives or the senate.
(5) Provide such actuarial services to the legislature as
may be requested from time to time.
(6) Provide staff and assistance to the committee established under RCW 41.04.276.
(7) Provide actuarial assistance to the law enforcement
officers' and fire fighters' plan 2 retirement board as provided
in chapter 2, Laws of 2003. Reimbursement for services shall
be made to the state actuary under RCW 39.34.130 and section 5(5), chapter 2, Laws of 2003. [2003 c 295 § 4; 2003 c
92 § 2; 1987 c 25 § 3; 1986 c 317 § 6; 1975-'76 2nd ex.s. c
105 § 22.]
Reviser's note: This section was amended by 2003 c 92 § 2 and by
2003 c 295 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2003 c 92: See RCW 41.26.905 and
41.26.906.
Legislative findings—Intent—Severability—1986 c 317: See notes
following RCW 41.40.150.
44.44.050
44.44.050 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
44.44.060
44.44.060 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 44.52
Chapter 44.52 RCW
LEGISLATIVE COMMITTEE ON
ECONOMIC DEVELOPMENT
Sections
44.52.010
Purpose—Legislative committee on economic development
and international relations created—Membership.
44.52.010
44.52.010 Purpose—Legislative committee on economic development and international relations created—
Membership. (1) Economic development and in particular
international trade, tourism, and investment have become
increasingly important to Washington, affecting the state's
employment, revenues, and general economic well-being.
[2003 RCW Supp—page 599]
Chapter 44.55
Title 44 RCW: State Government—Legislative
Additionally, economic trends are rapidly changing and the
international marketplace has become increasingly competitive as states and countries seek to improve and safeguard
their own economic well-being. The purpose of the legislative committee on economic development and international
relations is to provide responsive and consistent involvement
by the legislature in economic development to maintain a
healthy state economy and to provide employment opportunities to Washington residents.
(2) There is created a legislative committee on economic
development and international relations which shall consist
of six senators and six representatives from the legislature
and the lieutenant governor who shall serve as chairperson.
The senate members of the committee shall be appointed by
the president of the senate and the house members of the
committee shall be appointed by the speaker of the house.
Not more than three members from each house shall be from
the same political party. A list of appointees shall be submitted before the close of each regular legislative session during
an odd-numbered year or any successive special session convened by the governor or the legislature prior to the close of
such regular session or successive special session(s) for confirmation of senate members, by the senate, and house members, by the house. Vacancies occurring shall be filled by the
appointing authority. [2003 c 347 § 1; 1985 c 467 § 17.]
Chapter 44.55 RCW
JOINT LEGISLATIVE OVERSIGHT COMMITTEE
ON TRADE POLICY
Chapter 44.55
Sections
44.55.010
44.55.020
44.55.030
44.55.040
44.55.050
44.55.060
Findings—Intent.
Committee membership.
Chair—Officers—Rules.
Powers, duties.
Staff support.
Compensation.
44.55.010
44.55.010 Findings—Intent. The legislature finds that
international trade is an important part of Washington's economy with Washington as the fifth largest exporting state in
the nation. The legislature further finds that World Trade
Organization agreements and the North American Free Trade
Agreement have implications for Washington state laws governing agriculture, services, environmental regulation, and
economic subsidies. The legislature further finds that future
trade agreements such as the proposed Free Trade Area of the
Americas may also impact Washington state. Therefore, it is
the intent of the legislature to create a joint legislative oversight committee on trade policy to monitor the impact of
these trade agreements on Washington state laws, and to provide a mechanism for legislators and citizens to voice their
opinions and concerns about the potential impacts of these
trade agreements to state and federal government officials.
[2003 c 404 § 1.]
committee. No more than two members from each house
may be from the same political party. A list of appointees
must be submitted by July 1, 2003, and before the close of
each regular session during an even-numbered year. Vacancies on the committee will be filled by appointment and must
be filled from the same political party and from the same
house as the member whose seat was vacated.* [2003 c 404
§ 2.]
*Reviser's note: This section was partially vetoed by the governor.
The vetoed language is as follows: "The ex officio members shall be
appointed by the speaker of the house and the president of the senate, and
include a representative from the department of agriculture, the state trade
representative, and a representative from the office of the attorney general."
Effective date—2003 c 404 § 2: "Section 2 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [May 20, 2003]." [2003 c 404 § 8.]
44.55.030
44.55.030 Chair—Officers—Rules. The committee
shall appoint its own chair and other officers and make rules
for orderly procedure. [2003 c 404 § 3.]
44.55.040
44.55.040 Powers, duties. The committee has the following powers and duties:
(1) At least once a year, hear public testimony on the
actual and potential impacts of international trade agreements
and negotiations on Washington state and submit an annual
report to the state trade representative's office and to the legislature regarding the public testimony;
(2) Maintain active communication with the state trade
representative's office, the United States trade representative's office, Washington's congressional delegation, the
national conference of state legislatures, and any other bodies
the committee deems appropriate regarding ongoing developments in international trade agreements and policy;
(3) Conduct an annual assessment of the impacts of
international trade agreements upon Washington law and
submit the report to the legislature;
(4) Examine any aspects of international trade, international economic integration, and trade agreements that the
members deem appropriate. [2003 c 404 § 4.]
44.55.050
44.55.050 Staff support. The committee will receive
the necessary staff support from both the senate committee
services and the house office of program research. [2003 c
404 § 5.]
44.55.060
44.55.060 Compensation. The members of the committee shall serve without additional compensation, but are
entitled to receive per diem, mileage, and incidental expense
allowances at the rates provided in chapter 44.04 RCW.
[2003 c 404 § 6.]
Chapter 44.75
44.55.020
44.55.020 Committee membership. A joint legislative
oversight committee on trade policy is created, to consist of
four senators and four representatives from the legislature
and three ex officio members. The president of the senate
shall appoint the senate members of the committee, and the
speaker of the house shall appoint the house members of the
[2003 RCW Supp—page 600]
Chapter 44.75 RCW
TRANSPORTATION PERFORMANCE
AUDIT BOARD
Sections
44.75.010
44.75.020
44.75.030
44.75.040
44.75.050
Intent.
Definitions.
Board created—Membership.
Procedures, compensation, support.
Reviews of transportation-related agencies.
Transportation Performance Audit Board
44.75.060
44.75.070
44.75.080
44.75.090
44.75.100
44.75.110
44.75.120
44.75.800
44.75.900
44.75.901
Review methodology.
Scope of reviews.
Performance audits—Determination of necessity.
Professional experts—Reimbursement—Transportation committee approval of methodology.
Presentation and publication of performance audits.
Scope of performance audit.
Contents of audit report.
Department of transportation audit.
Captions—2003 c 362.
Effective date—2003 c 362.
44.75.010
44.75.010 Intent. It is essential that the legislature
improve the accountability and efficiency of transportationrelated agencies and measure transportation system performance against benchmarks established in chapter 5, Laws of
2002. Taxpayers must know that their tax dollars are being
well spent to deliver critically needed transportation projects
and services. To accomplish this, the transportation performance audit board is created and a system of transportation
functional and performance audits is established to provide
oversight and accountability of transportation-related agencies. [2003 c 362 § 1.]
44.75.020
44.75.020 Definitions. The definitions in this section
apply throughout this chapter.
(1) "Economy and efficiency audit" has the meaning
contained in chapter 44.28 RCW.
(2) "Joint legislative audit and review committee" means
the agency created in chapter 44.28 RCW, or its statutory
successor.
(3) "Legislative auditor" has the meaning contained in
chapter 44.28 RCW.
(4) "Legislative transportation committee" means the
agency created in chapter 44.40 RCW, or its statutory successor.
(5) "Performance audit" has the meaning contained in
chapter 44.28 RCW.
(6) "Performance review" means an outside evaluation
of how a state agency uses its performance measures to assess
the outcomes of its legislatively authorized activities.
(7) "Program audit" has the meaning contained in chapter 44.28 RCW.
(8) "Transportation performance audit board" or "board"
means the board created in RCW 44.75.030.
(9) "Transportation-related agencies" means any state
agency, board, or commission that receives funding primarily
for transportation-related purposes. At a minimum, the
department of transportation, the Washington state patrol, the
department of licensing, the transportation improvement
board or its successor entity, the county road administration
board or its successor entity, and the traffic safety commission are considered transportation-related agencies. [2003 c
362 § 2.]
44.75.030
44.75.030 Board created—Membership. (1) The
transportation performance audit board is created.
(2) The board will consist of four legislative members,
five citizen members with transportation-related expertise,
one ex officio member, and one at large member. The legislative auditor is the ex officio member. The majority and
minority leaders of the house and senate transportation committees are the legislative members. The governor shall
44.75.040
appoint the at large member to serve for a term of four years.
The citizen members must be nominated by professional
associations chosen by the board's legislative members and
appointed by the governor for terms of four years, except that
at least half the initial appointments will be for terms of two
years. The citizen members may not be currently, or within
one year, employed by the Washington state department of
transportation. The citizen members will consist of:
(a) One member with expertise in construction project
planning, including permitting and assuring regulatory compliance;
(b) One member with expertise in construction means
and methods and construction management, crafting and
implementing environmental mitigation plans, and administration;
(c) One member with expertise in construction engineering services, including construction management, materials
testing, materials documentation, contractor payments,
inspection, surveying, and project oversight;
(d) One member with expertise in project management,
including design estimating, contract packaging, and procurement; and
(e) One member with expertise in transportation planning and congestion management.
(3) The governor may not remove members from the
board before the expiration of their terms unless for cause
based upon a determination of incapacity, incompetence,
neglect of duty, of malfeasance in office by the Thurston
county superior court, upon petition and show cause proceedings brought for that purpose in that court and directed to the
board member in question.
(4) No member may be appointed for more than three
consecutive terms. [2003 c 362 § 3.]
44.75.040
44.75.040 Procedures, compensation, support. (1)
The board shall meet periodically. It may adopt its own rules
and may establish its own procedures. It shall act collectively
in harmony with recorded resolutions or motions adopted by
a majority vote of the members.
(2) Each member of the transportation performance audit
board will be compensated from the general appropriation for
the legislative transportation committee in accordance with
RCW 43.03.250 and reimbursed for actual necessary traveling and other expenses in going to, attending, and returning
from meetings of the board or that are incurred in the discharge of duties requested by the chair. However, in no event
may a board member be compensated in any year for more
than one hundred twenty days, except the chair may be compensated for not more than one hundred fifty days. Service
on the board does not qualify as a service credit for the purposes of a public retirement system.
(3) The transportation performance audit board shall
keep proper records and is subject to audit by the state auditor
or other auditing entities.
(4) Staff support to the transportation performance audit
board must be provided by the legislative transportation committee, which shall provide professional support for the
duties, functions, responsibilities, and activities of the board,
including but not limited to information technology systems;
data collection, processing, analysis, and reporting; project
management; and office space, equipment, and secretarial
[2003 RCW Supp—page 601]
44.75.050
Title 44 RCW: State Government—Legislative
support. The legislative evaluation and accountability program will provide data and information technology support
consistent with the support currently supplied to existing legislative committees. [2003 c 362 § 4.]
44.75.050
44.75.050 Reviews of transportation-related agencies. (1) The transportation performance audit board may
review the performance and outcome measures of transportation-related agencies. The purpose of these reviews is to
ensure that the legislature has the means to adequately and
accurately assess the performance and outcomes of those
agencies and departments. Where two or more agencies have
shared responsibility for functions or priorities of government, these reviews can also determine whether effective
interagency cooperation and collaboration occurs in areas
such as program coordination, administrative structures,
information systems, and administration of grants and loans.
(2) In conducting these reviews, the transportation performance audit board may work in consultation with the legislative transportation committee, the joint legislative audit
and review committee, the office of financial management,
and other state agencies. [2003 c 362 § 5.]
44.75.060
44.75.060 Review methodology. The performance and
outcome measures and benchmarks of each agency or department may be reviewed at the discretion of the transportation
performance audit board. In setting the schedule and the
extent of performance reviews, the board shall consider the
timing and results of other recent state, federal, and independent reviews and audits, the seriousness of past findings, any
inadequate remedial action taken by an agency or department, whether an agency or department lacks performance
and outcome measures, and the desirability to include a
diverse range of agencies or programs each year. [2003 c 362
§ 6.]
44.75.070
44.75.070 Scope of reviews. The reviews may include,
but are not limited to:
(1) A determination of whether the performance and outcome measures are consistent with legislative mandates, strategic plans, mission statements, and goals and objectives, and
whether the legislature has established clear mandates, strategic plans, mission statements, and goals and objectives that
lend themselves to performance and outcome measurement;
(2) An examination of how agency management uses the
measures to manage resources in an efficient and effective
manner;
(3) An assessment of how performance benchmarks are
established for the purpose of assessing overall performance
compared to external standards and benchmarks;
(4) An examination of how an analysis of the measurement data is used to make planning and operational improvements;
(5) A determination of how performance and outcome
measures are used in the budget planning, development, and
allotment processes and the extent to which the agency is in
compliance with its responsibilities under RCW 43.88.090;
(6) A review of how performance data are reported to
and used by the legislature both in policy development and
resource allocation;
[2003 RCW Supp—page 602]
(7) An assessment of whether the performance measure
data are reliable and collected in a uniform and timely manner;
(8) A determination whether targeted funding investments and established priorities of government actually produce the intended and expected services and benefits; and
(9) Recommendations as necessary or appropriate.
[2003 c 362 § 7.]
44.75.080
44.75.080 Performance audits—Determination of
necessity. After reviewing the performance or outcome measures and benchmarks of an agency or department, or at any
time it so determines, the transportation performance audit
board shall recommend to the executive committee of the
legislative transportation committee whether a full performance or functional audit of the agency or department, or a
specific program within the agency or department, is appropriate. Upon the request of the legislative transportation
committee or its executive committee, the joint legislative
audit and review committee shall add the full performance or
functional audit to its biennial performance audit work plan.
If the request duplicates or overlaps audits already in the
work plan, or was performed under the previous biennial
work plan, the executive committees of the legislative transportation committee and the joint legislative audit and review
committee shall meet to discuss and resolve the duplication
or overlap. [2003 c 362 § 8.]
44.75.090
44.75.090 Professional experts—Reimbursement—
Transportation committee approval of methodology. (1)
To the greatest extent possible, or when requested by the
executive committee of the legislative transportation committee, the legislative auditor shall contract with and consult
with private independent professional and technical experts
to optimize the independence of the reviews and performance
audits. In determining the need to contract with private
experts, the legislative auditor shall consider the degree of
difficulty of the review or audit, the relative cost of contracting for expertise, and the need to maintain auditor independence from the subject agency or program.
(2) After consultation with the executive committee of
the legislative transportation committee on the appropriateness of costs, the legislative transportation committee shall
reimburse the joint legislative audit and review committee or
the legislative auditor for the costs of carrying out any
requested performance audits, including the cost of contracts
and consultant services.
(3) The executive committee of the legislative transportation committee must review and approve the methodology
for performance audits recommended by the transportation
performance audit board. [2003 c 362 § 9.]
44.75.100
44.75.100 Presentation and publication of performance audits. Completed performance audits must be presented to the transportation performance audit board and the
legislative transportation committee. Published performance
audits must be made available to the public through the legislative transportation committee and the joint legislative audit
and review committee's web site and through customary public communications. Final reports must also be transmitted to
Motor Vehicles
46.01.140
44.75.900
the appropriate policy and fiscal standing committees of the
legislature. [2003 c 362 § 10.]
44.75.900 Captions—2003 c 362. Captions used in this
act are not part of the law. [2003 c 362 § 18.]
44.75.901
44.75.110
44.75.110 Scope of performance audit. The legislative auditor shall determine in writing the scope of any performance audit requested by the legislative transportation
committee or its executive committee, subject to the review
and approval of the final scope of the audit by the transportation performance audit board, and the legislative transportation committee or its executive committee. In doing so, the
legislative auditor, the transportation performance audit
board, and the legislative transportation committee or its
executive committee shall consider inclusion of the following
elements in the scope of the audit:
(1) Identification of potential cost savings in the agency,
its programs, and its services;
(2) Identification and recognition of best practices;
(3) Identification of funding to the agency, to programs,
and to services that can be eliminated or reduced;
(4) Identification of programs and services that can be
eliminated, reduced, or transferred to the private sector;
(5) Analysis of gaps and overlaps in programs and services and recommendations for improving, dropping, blending, or separating functions to correct gaps or overlaps;
(6) Analysis and recommendations for pooling information technology systems;
(7) Analysis of the roles and functions of the agency, its
programs, and its services and their compliance with statutory authority and recommendations for eliminating or
changing those roles and functions and ensuring compliance
with statutory authority;
(8) Recommendations for eliminating or changing statutes, rules, and policy directives as may be necessary to
ensure that the agency carry out reasonably and properly
those functions expressly vested in the department by statute;
and
(9) Verification of the reliability and validity of department performance data, self-assessments, and performance
measurement systems as required under RCW 43.88.090.
[2003 c 362 § 11.]
44.75.901 Effective date—2003 c 362. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[May 19, 2003]. [2003 c 362 § 19.]
Title 46
MOTOR VEHICLES
Chapters
46.01
46.04
46.08
46.09
46.10
46.12
46.16
46.20
46.25
46.30
46.37
46.44
46.52
46.55
46.61
46.63
46.64
46.68
46.70
46.72
46.72A
46.80
46.81A
46.87
46.93
46.94
46.96
Chapter 46.01
44.75.120
44.75.120 Contents of audit report. When conducting
a full performance audit of an agency or department, or a specific program within an agency or department, or multiple
agencies, in accordance with RCW 44.75.110, the legislative
auditor shall solicit input from appropriate industry representatives or experts. The audit report must make recommendations regarding the continuation, abolition, consolidation, or
reorganization of each affected agency, department, or program. The audit report must identify opportunities to develop
government partnerships, and eliminate program redundancies that will result in increased quality, effectiveness, and
efficiency of state agencies. [2003 c 362 § 12.]
44.75.800
44.75.800 Department of transportation audit. The
transportation performance audit board shall take steps to
ensure that the department of transportation is the first
agency subject to the performance review and audit process
established in chapter 362, Laws of 2003. [2003 c 362 § 15.]
Title 46
Department of licensing.
Definitions.
General provisions.
Off-road and nonhighway vehicles.
Snowmobiles.
Certificates of ownership and registration.
Vehicle licenses.
Drivers' licenses—Identicards.
Uniform commercial driver's license act.
Mandatory liability insurance.
Vehicle lighting and other equipment.
Size, weight, load.
Accidents—Reports—Abandoned vehicles.
Towing and impoundment.
Rules of the road.
Disposition of traffic infractions.
Enforcement.
Disposition of revenue.
Dealers and manufacturers.
Transportation of passengers in for hire vehicles.
Limousines.
Vehicle wreckers.
Motorcycle skills education program.
Proportional registration.
Motorsports vehicles—Dealer and manufacturer franchises.
Motorcycle dealers' franchise act.
Manufacturers' and dealers' franchise agreements.
Chapter 46.01 RCW
DEPARTMENT OF LICENSING
Sections
46.01.140
46.01.230
Special deputies and subagents of director—Disposition of
application fees.
Payment by check, money order, Internet—Regulations—Surrender of canceled license—Handling fee for dishonored
checks.
46.01.140
46.01.140 Special deputies and subagents of director—Disposition of application fees. (1) The county auditor, if appointed by the director of licensing shall carry out the
provisions of this title relating to the licensing of vehicles and
the issuance of vehicle license number plates under the direction and supervision of the director and may with the
approval of the director appoint assistants as special deputies
and recommend subagents to accept applications and collect
fees for vehicle licenses and transfers and to deliver vehicle
license number plates.
[2003 RCW Supp—page 603]
46.01.140
Title 46 RCW: Motor Vehicles
(2) A county auditor appointed by the director may
request that the director appoint subagencies within the
county.
(a) Upon authorization of the director, the auditor shall
use an open competitive process including, but not limited to,
a written business proposal and oral interview to determine
the qualifications of all interested applicants.
(b) A subagent may recommend a successor who is
either the subagent's sibling, spouse, or child, or a subagency
employee, as long as the recommended successor participates
in the open, competitive process used to select an applicant.
In making successor recommendation and appointment
determinations, the following provisions apply:
(i) If a subagency is held by a partnership or corporate
entity, the nomination must be submitted on behalf of, and
agreed to by, all partners or corporate officers.
(ii) No subagent may receive any direct or indirect compensation or remuneration from any party or entity in recognition of a successor nomination. A subagent may not
receive any financial benefit from the transfer or termination
of an appointment.
(iii) (a) and (b) of this subsection are intended to assist in
the efficient transfer of appointments in order to minimize
public inconvenience. They do not create a proprietary or
property interest in the appointment.
(c) The auditor shall submit all proposals to the director,
and shall recommend the appointment of one or more subagents who have applied through the open competitive process. The auditor shall include in his or her recommendation
to the director, not only the name of the successor who is a
relative or employee, if applicable and if otherwise qualified,
but also the name of one other applicant who is qualified and
was chosen through the open competitive process. The director has final appointment authority.
(3)(a) A county auditor who is appointed as an agent by
the department shall enter into a standard contract provided
by the director, developed with the advice of the title and registration advisory committee.
(b) A subagent appointed under subsection (2) of this
section shall enter into a standard contract with the county
auditor, developed with the advice of the title and registration
advisory committee. The director shall provide the standard
contract to county auditors.
(c) The contracts provided for in (a) and (b) of this subsection must contain at a minimum provisions that:
(i) Describe the responsibilities, and where applicable,
the liability, of each party relating to the service expectations
and levels, equipment to be supplied by the department, and
equipment maintenance;
(ii) Require the specific type of insurance or bonds so
that the state is protected against any loss of collected motor
vehicle tax revenues or loss of equipment;
(iii) Specify the amount of training that will be provided
by the state, the county auditor, or subagents;
(iv) Describe allowable costs that may be charged to
vehicle licensing activities as provided for in (d) of this subsection;
(v) Describe the causes and procedures for termination
of the contract, which may include mediation and binding
arbitration.
[2003 RCW Supp—page 604]
(d) The department shall develop procedures that will
standardize and prescribe allowable costs that may be
assigned to vehicle licensing and vessel registration and title
activities performed by county auditors.
(e) The contracts may include any provision that the
director deems necessary to ensure acceptable service and the
full collection of vehicle and vessel tax revenues.
(f) The director may waive any provisions of the contract
deemed necessary in order to ensure that readily accessible
service is provided to the citizens of the state.
(4)(a) At any time any application is made to the director, the county auditor, or other agent pursuant to any law
dealing with licenses, registration, or the right to operate any
vehicle or vessel upon the public highways or waters of this
state, excluding applicants already paying such fee under
RCW 46.16.070 or 46.16.085, the applicant shall pay to the
director, county auditor, or other agent a fee of three dollars
for each application in addition to any other fees required by
law.
(b) Counties that do not cover the expenses of vehicle
licensing and vessel registration and title activities may submit to the department a request for cost-coverage moneys.
The request must be submitted on a form developed by the
department. The department shall develop procedures to verify whether a request is reasonable. Payment shall be made
on requests found to be allowable from the licensing services
account.
(c) Applicants for certificates of ownership, including
applicants paying fees under RCW 46.16.070 or 46.16.085,
shall pay to the director, county auditor, or other agent a fee
of four dollars in addition to any other fees required by law.
(d) The fees under (a) and (c) of this subsection, if paid
to the county auditor as agent of the director, or if paid to a
subagent of the county auditor, shall be paid to the county
treasurer in the same manner as other fees collected by the
county auditor and credited to the county current expense
fund. If the fee is paid to another agent of the director, the fee
shall be used by the agent to defray his or her expenses in
handling the application.
(e) Applicants required to pay the three-dollar fee established under (a) of this subsection, must pay an additional
seventy-five cents, which must be collected and remitted to
the state treasurer and distributed as follows:
(i) Fifty cents must be deposited into the department of
licensing services account of the motor vehicle fund and must
be used for agent and subagent support, which is to include
but not be limited to the replacement of department-owned
equipment in the possession of agents and subagents.
(ii) Twenty-five cents must be deposited into the license
plate technology account created under RCW 46.16.685.
(5) A subagent shall collect a service fee of (a) eight dollars and fifty cents for changes in a certificate of ownership,
with or without registration renewal, or verification of record
and preparation of an affidavit of lost title other than at the
time of the title application or transfer and (b) three dollars
and fifty cents for registration renewal only, issuing a transit
permit, or any other service under this section.
(6) If the fee is collected by the state patrol as agent for
the director, the fee so collected shall be certified to the state
treasurer and deposited to the credit of the state patrol highway account. If the fee is collected by the department of
Definitions
transportation as agent for the director, the fee shall be certified to the state treasurer and deposited to the credit of the
motor vehicle fund. All such fees collected by the director or
branches of his office shall be certified to the state treasurer
and deposited to the credit of the highway safety fund.
(7) Any county revenues that exceed the cost of providing vehicle licensing and vessel registration and title activities in a county, calculated in accordance with the procedures
in subsection (3)(d) of this section, shall be expended as
determined by the county legislative authority during the process established by law for adoption of county budgets.
(8) The director may adopt rules to implement this section. [2003 c 370 § 3; 2001 c 331 § 1; 1996 c 315 § 1; 1992
c 216 § 1; 1991 c 339 § 16; 1990 c 250 § 89; 1988 c 12 § 1;
1987 c 302 § 1; 1985 c 380 § 12. Prior: 1983 c 77 § 1; 1983
c 26 § 1; 1980 c 114 § 2; 1979 c 158 § 122; 1975 1st ex.s. c
146 § 1; 1973 c 103 § 1; 1971 ex.s. c 231 § 9; 1971 ex.s. c 91
§ 3; 1965 c 156 § 14; 1963 c 85 § 1; 1961 c 12 § 46.08.100;
prior: 1955 c 89 § 3; 1937 c 188 § 27; RRS § 6312-27. Formerly RCW 46.08.100.]
Application—2003 c 370: "Sections 2 and 3 of this act take effect for
renewals that are due or become due on or after November 1, 2003." [2003
c 370 § 6.] Section 2 of this act was vetoed by the governor.
Effective dates—1996 c 315 §§ 1, 4, 5: "(1) Section 4 of this act and
the amendments to RCW 46.01.140(4) (a) and (c) by section 1 of this act
become effective on vehicle fees due or to become due on January 1, 1997,
and thereafter.
(2) Section 5 of this act and the amendments to RCW 46.01.140(4) (a)
and (c) by section 1 of this act become effective on vessel fees due or to
become due on July 1, 1997, and thereafter.
(3) The amendments to RCW 46.01.140(5) (a) and (b) by section 1 of
this act become effective on July 1, 1996." [1996 c 315 § 6.]
Effective date—1991 c 339 §§ 16, 17: "Sections 16 and 17 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect July 1, 1991." [1991 c 339 § 34.]
Severability—1990 c 250: See note following RCW 46.16.301.
Severability—1987 c 302: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 302 § 5.]
Effective date—1986 c 18; 1985 c 380: See RCW 46.87.901.
Severability—1985 c 380: See RCW 46.87.900.
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
46.01.230
46.01.230 Payment by check, money order, Internet—Regulations—Surrender of canceled license—Handling fee for dishonored checks. (1) The department of
licensing is authorized to accept checks and money orders for
payment of drivers' licenses, certificates of ownership and
registration, motor vehicle excise taxes, gross weight fees,
and other fees and taxes collected by the department, in
accordance with regulations adopted by the director. The
director's regulations shall duly provide for the public's convenience consistent with sound business practice and shall
encourage the annual renewal of vehicle registrations by mail
to the department, authorizing checks and money orders for
payment. Such regulations shall contain provisions for cancellation of any registrations, licenses, or permits paid for by
checks or money orders which are not duly paid and for the
necessary accounting procedures in such cases: PROVIDED, That any bona fide purchaser for value of a vehicle
shall not be liable or responsible for any prior uncollected
Chapter 46.04
taxes and fees paid, pursuant to this section, by a check which
has subsequently been dishonored: AND PROVIDED FURTHER, That no transfer of ownership of a vehicle may be
denied to a bona fide purchaser for value of a vehicle if there
are outstanding uncollected fees or taxes for which a predecessor paid, pursuant to this section, by check which has subsequently been dishonored nor shall the new owner be
required to pay any fee for replacement vehicle license number plates that may be required pursuant to RCW 46.16.270
as now or hereafter amended.
(2) It is a traffic infraction to fail to surrender within ten
days to the department or any authorized agent of the department any certificate, license, or permit after being notified
that such certificate, license, or permit has been canceled pursuant to this section. Notice of cancellation may be accomplished by sending a notice by first class mail using the last
known address in department records for the holder of the
certificate, license, or permit, and recording the transmittal on
an affidavit of first class mail.
(3) Whenever registrations, licenses, or permits have
been paid for by checks that have been dishonored by nonacceptance or nonpayment, a reasonable handling fee may be
assessed for each such instrument. Notwithstanding provisions of any other laws, county auditors, agents, and subagents, appointed or approved by the director pursuant to
RCW 46.01.140, may collect restitution, and where they have
collected restitution may retain the reasonable handling fee.
The amount of the reasonable handling fee may be set by rule
by the director.
(4) In those counties where the county auditor has been
appointed an agent of the director under RCW 46.01.140, the
auditor shall continue to process mail-in registration renewals
until directed otherwise by legislative authority. Subagents
appointed by the director under RCW 46.01.140 have the
same authority to mail out registrations and replacement
plates to Internet payment option customers as the agents
until directed otherwise by legislative authority. The department shall provide separate statements giving notice to Internet payment option customers that: (a) A subagent service
fee, as provided in RCW 46.01.140(5)(b), will be collected
by a subagent office for providing mail and pick-up services;
and (b) a filing fee will be collected on all transactions listed
under RCW 46.01.140(4)(a). The statement must include the
amount of the fee and be published on the department's Internet web site on the page that lists each department, county
auditor, and subagent office, eligible to provide mail or pickup services for registration renewals and replacement plates.
The statements must be published below each office listed.
[2003 c 369 § 1; 1994 c 262 § 1; 1992 c 216 § 2; 1987 c 302
§ 2; 1979 ex.s. c 136 § 39; 1979 c 158 § 124; 1975 c 52 § 1;
1965 ex.s. c 170 § 44.]
Effective date—2003 c 369: "This act takes effect October 1, 2003."
[2003 c 369 § 2.]
Severability—1987 c 302: See note following RCW 46.01.140.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Chapter 46.04
Chapter 46.04 RCW
DEFINITIONS
Sections
[2003 RCW Supp—page 605]
46.04.320
46.04.320
46.04.330
46.04.332
46.04.336
46.04.357
46.04.400
46.04.415
46.04.670
Title 46 RCW: Motor Vehicles
Motor vehicle.
Motorcycle.
Motor-driven cycle.
Motorized foot scooter.
Neighborhood electric vehicle.
Pedestrian.
Power wheelchair.
Vehicle.
46.04.320
46.04.320 Motor vehicle. "Motor vehicle" means every
vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley
wires, but not operated upon rails. "Motor vehicle" includes
a neighborhood electric vehicle as defined in RCW
46.04.357. An electric personal assistive mobility device is
not considered a motor vehicle. A power wheelchair is not
considered a motor vehicle. [2003 c 353 § 1; 2003 c 141 § 2;
2002 c 247 § 2; 1961 c 12 § 46.04.320. Prior: 1959 c 49 §
33; 1955 c 384 § 10; prior: (i) 1943 c 153 § 1, part; 1937 c
188 § 1, part; Rem. Supp. 1943 § 6312-1, part; 1923 c 181 §
1, part; 1921 c 96 § 2, part; 1919 c 59 § 1, part; 1917 c 155 §
1, part; 1915 c 142 § 2, part; RRS § 6313, part. (ii) 1937 c
189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927
c 309 § 2, part; RRS § 6362-2, part.]
Reviser's note: This section was amended by 2003 c 141 § 2 and by
2003 c 353 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 353: "This act takes effect August 1, 2003."
[2003 c 353 § 12.]
Legislative review—2002 c 247: See note following RCW 46.04.1695.
46.04.330
46.04.330 Motorcycle. "Motorcycle" means a motor
vehicle designed to travel on not more than three wheels in
contact with the ground, on which the driver rides astride the
motor unit or power train and is designed to be steered with a
handle bar, but excluding a farm tractor, a power wheelchair,
an electric personal assistive mobility device, and a moped.
The Washington state patrol may approve of and define
as a "motorcycle" a motor vehicle that fails to meet these specific criteria, but that is essentially similar in performance
and application to motor vehicles that do meet these specific
criteria. [2003 c 141 § 3; 2002 c 247 § 3; 1990 c 250 § 20;
1979 ex.s. c 213 § 2; 1961 c 12 § 46.04.330. Prior: 1959 c 49
§ 34; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part;
Rem. Supp. 1943 § 6312-1, part; 1923 c 181 § 1, part; 1921 c
96 § 2, part; 1919 c 59 § 1, part; 1917 c 155 § 1, part; 1915 c
142 § 2, part; RRS § 6313, part. (ii) 1937 c 189 § 1, part;
RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2,
part; RRS § 6362-2, part.]
Legislative review—2002 c 247: See note following RCW 46.04.1695.
Severability—1990 c 250: See note following RCW 46.16.301.
46.04.332
46.04.332 Motor-driven cycle. "Motor-driven cycle"
means every motorcycle, including every motor scooter, with
a motor that produces not to exceed five brake horsepower
(developed by a prime mover, as measured by a brake applied
to the driving shaft). A motor-driven cycle does not include
a moped, a power wheelchair, a motorized foot scooter, or an
electric personal assistive mobility device. [2003 c 353 § 7;
2003 c 141 § 4; 2002 c 247 § 4; 1979 ex.s. c 213 § 3; 1963 c
154 § 28.]
[2003 RCW Supp—page 606]
Reviser's note: This section was amended by 2003 c 141 § 4 and by
2003 c 353 § 7, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 353: See note following RCW 46.04.320.
Legislative review—2002 c 247: See note following RCW 46.04.1695.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.04.336
46.04.336 Motorized foot scooter. "Motorized foot
scooter" means a device with no more than two ten-inch or
smaller diameter wheels that has handlebars, is designed to
be stood or sat upon by the operator, and is powered by an
internal combustion engine or electric motor that is capable
of propelling the device with or without human propulsion.
For purposes of this section, a motor-driven cycle, a
moped, an electric-assisted bicycle, or a motorcycle is not a
motorized foot scooter. [2003 c 353 § 6.]
Effective date—2003 c 353: See note following RCW 46.04.320.
46.04.357
46.04.357 Neighborhood electric vehicle. "Neighborhood electric vehicle" means a self-propelled, electrically
powered four-wheeled motor vehicle whose speed attainable
in one mile is more than twenty miles per hour and not more
than twenty-five miles per hour and conforms to federal regulations under Title 49 C.F.R. Part 571.500. [2003 c 353 § 2.]
Effective date—2003 c 353: See note following RCW 46.04.320.
46.04.400
46.04.400 Pedestrian. "Pedestrian" means any person
who is afoot or who is using a wheelchair, a power wheelchair, or a means of conveyance propelled by human power
other than a bicycle. [2003 c 141 § 5; 1990 c 241 § 1; 1961 c
12 § 46.04.400. Prior: 1959 c 49 § 41; prior: 1937 c 189 §
1, part; RRS § 6360-1, part.]
46.04.415
46.04.415 Power wheelchair. "Power wheelchair"
means any self-propelled vehicle capable of traveling no
more than fifteen miles per hour, usable indoors, designed as
a mobility aid for individuals with mobility impairments, and
operated by such an individual. [2003 c 141 § 1.]
Wheelchair conveyance: RCW 46.04.710.
46.04.670
46.04.670 Vehicle. "Vehicle" includes every device
capable of being moved upon a public highway and in, upon,
or by which any persons or property is or may be transported
or drawn upon a public highway, including bicycles. The
term does not include power wheelchairs or devices other
than bicycles moved by human or animal power or used
exclusively upon stationary rails or tracks. Mopeds shall not
be considered vehicles or motor vehicles for the purposes of
chapter 46.70 RCW. Bicycles shall not be considered vehicles for the purposes of chapter 46.12, 46.16, or 46.70 RCW.
Electric personal assistive mobility devices are not considered vehicles or motor vehicles for the purposes of chapter
46.12, 46.16, 46.29, 46.37, or 46.70 RCW. [2003 c 141 § 6;
2002 c 247 § 5; 1994 c 262 § 2; 1991 c 214 § 2; 1979 ex.s. c
213 § 4; 1961 c 12 § 46.04.670. Prior: 1959 c 49 § 72; prior:
(i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp.
1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1,
part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 63622, part.]
Legislative review—2002 c 247: See note following RCW 46.04.1695.
General Provisions
Mopeds
helmet required: RCW 46.37.530, 46.37.535.
motorcycle endorsement, exemption: RCW 46.20.500.
operation and safety standards: RCW 46.61.710, 46.61.720.
registration: RCW 46.16.630.
Chapter 46.08
Chapter 46.08 RCW
GENERAL PROVISIONS
Sections
46.08.170
Control of traffic on capitol grounds—Violations, traffic
infractions, misdemeanors—Jurisdiction. (Effective July 1,
2004.)
46.08.170
46.08.170 Control of traffic on capitol grounds—Violations, traffic infractions, misdemeanors—Jurisdiction.
(Effective July 1, 2004.) (1) Except as provided in subsection (2) of this section, any violation of a rule or regulation
prescribed under RCW 46.08.150 is a traffic infraction, and
the district courts of Thurston county shall have jurisdiction
over such offenses: PROVIDED, That violation of a rule or
regulation relating to traffic including parking, standing,
stopping, and pedestrian offenses is a traffic infraction.
(2) Violation of such a rule or regulation equivalent to
those provisions of Title 46 RCW set forth in RCW
46.63.020 remains a misdemeanor. [2003 c 53 § 232; 1987 c
202 § 213; 1979 ex.s. c 136 § 40; 1963 c 158 § 2; 1961 c 12
§ 46.08.170. Prior: 1947 c 11 § 3; Rem. Supp. 1947 § 792122.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Intent—1987 c 202: See note following RCW 2.04.190.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Chapter 46.09 RCW
OFF-ROAD AND NONHIGHWAY VEHICLES
Chapter 46.09
Sections
46.09.120
46.09.130
46.09.170
46.09.170
46.09.280
46.09.120
Operating violations.
Additional violations—Penalty. (Effective July 1, 2004.)
Refunds from motor vehicle fund—Distribution—Use.
(Expires June 30, 2005.)
Refunds from motor vehicle fund—Distribution—Use.
(Effective June 30, 2005.)
Nonhighway and off-road vehicle advisory committee.
46.09.120 Operating violations. (1) It is a traffic
infraction for any person to operate any nonhighway vehicle:
(a) In such a manner as to endanger the property of
another;
(b) On lands not owned by the operator or owner of the
nonhighway vehicle without a lighted headlight and taillight
between the hours of dusk and dawn, or when otherwise
required for the safety of others regardless of ownership;
(c) On lands not owned by the operator or owner of the
nonhighway vehicle without an adequate braking device or
when otherwise required for the safety of others regardless of
ownership;
(d) Without a spark arrester approved by the department
of natural resources;
(e) Without an adequate, and operating, muffling device
which effectively limits vehicle noise to no more than eightysix decibels on the "A" scale at fifty feet as measured by the
46.09.130
Society of Automotive Engineers (SAE) test procedure J
331a, except that a maximum noise level of one hundred and
five decibels on the "A" scale at a distance of twenty inches
from the exhaust outlet shall be an acceptable substitute in
lieu of the Society of Automotive Engineers test procedure J
331a when measured:
(i) At a forty-five degree angle at a distance of twenty
inches from the exhaust outlet;
(ii) With the vehicle stationary and the engine running at
a steady speed equal to one-half of the manufacturer's maximum allowable ("red line") engine speed or where the manufacturer's maximum allowable engine speed is not known the
test speed in revolutions per minute calculated as sixty percent of the speed at which maximum horsepower is developed; and
(iii) With the microphone placed ten inches from the side
of the vehicle, one-half way between the lowest part of the
vehicle body and the ground plane, and in the same lateral
plane as the rearmost exhaust outlet where the outlet of the
exhaust pipe is under the vehicle;
(f) On lands not owned by the operator or owner of the
nonhighway vehicle upon the shoulder or inside bank or
slope of any nonhighway road or highway, or upon the
median of any divided highway;
(g) On lands not owned by the operator or owner of the
nonhighway vehicle in any area or in such a manner so as to
unreasonably expose the underlying soil, or to create an erosion condition, or to injure, damage, or destroy trees, growing
crops, or other vegetation;
(h) On lands not owned by the operator or owner of the
nonhighway vehicle or on any nonhighway road or trail,
when these are restricted to pedestrian or animal travel; and
(i) On any public lands in violation of rules and regulations of the agency administering such lands.
(2) It is a misdemeanor for any person to operate any
nonhighway vehicle while under the influence of intoxicating
liquor or a controlled substance. [2003 c 377 § 1; 1979 ex.s.
c 136 § 41; 1977 ex.s. c 220 § 10; 1972 ex.s. c 153 § 12; 1971
ex.s. c 47 § 17.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.130
46.09.130 Additional violations—Penalty. (Effective
July 1, 2004.) (1) No person may operate a nonhighway
vehicle in such a way as to endanger human life.
(2) No person shall operate a nonhighway vehicle in
such a way as to run down or harass any wildlife or animal,
nor carry, transport, or convey any loaded weapon in or upon,
nor hunt from, any nonhighway vehicle except by permit
issued by the director of fish and wildlife under RCW
77.32.237: PROVIDED, That it shall not be unlawful to
carry, transport, or convey a loaded pistol in or upon a nonhighway vehicle if the person complies with the terms and
conditions of chapter 9.41 RCW.
(3) Violation of this section is a gross misdemeanor.
[2003 c 53 § 233; 1994 c 264 § 35; 1989 c 297 § 3; 1986 c 206
§ 7; 1977 ex.s. c 220 § 11; 1971 ex.s. c 47 § 18.]
[2003 RCW Supp—page 607]
46.09.170
Title 46 RCW: Motor Vehicles
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1986 c 206: See note following RCW 46.09.020.
46.09.170
46.09.170 Refunds from motor vehicle fund—Distribution—Use. (Expires June 30, 2005.) (1) From time to
time, but at least once each year, the state treasurer shall
refund from the motor vehicle fund one percent of the motor
vehicle fuel tax revenues collected under chapter 82.36
RCW, based on a tax rate of: (a) Nineteen cents per gallon of
motor vehicle fuel from July 1, 2003, through June 30, 2005;
(b) twenty cents per gallon of motor vehicle fuel from July 1,
2005, through June 30, 2007; (c) twenty-one cents per gallon
of motor vehicle fuel from July 1, 2007, through June 30,
2009; (d) twenty-two cents per gallon of motor vehicle fuel
from July 1, 2009, through June 30, 2011; and (e) twentythree cents per gallon of motor vehicle fuel beginning July 1,
2011, and thereafter, less proper deductions for refunds and
costs of collection as provided in RCW 46.68.090. The treasurer shall place these funds in the general fund as follows:
(i) Forty percent shall be credited to the ORV and nonhighway vehicle account and administered by the department
of natural resources solely for planning, maintenance, and
management of ORV recreation facilities, nonhighway roads,
and nonhighway road recreation facilities. The funds under
this subsection shall be expended in accordance with the following limitations:
(A) Not more than five percent may be expended for
information programs under this chapter;
(B) Not less than ten percent and not more than fifty percent may be expended for ORV recreation facilities;
(C) Not more than twenty-five percent may be expended
for maintenance of nonhighway roads;
(D) Not more than fifty percent may be expended for
nonhighway road recreation facilities;
(E) Ten percent shall be transferred to the interagency
committee for outdoor recreation for grants to law enforcement agencies in those counties where the department of natural resources maintains ORV facilities. This amount is in
addition to those distributions made by the interagency committee for outdoor recreation under (e)(iv)(A) of this subsection;
(ii) Three and one-half percent shall be credited to the
ORV and nonhighway vehicle account and administered by
the department of fish and wildlife solely for the acquisition,
planning, development, maintenance, and management of
nonhighway roads and recreation facilities;
(iii) Two percent shall be credited to the ORV and nonhighway vehicle account and administered by the parks and
recreation commission solely for the maintenance and management of ORV use areas and facilities; and
(iv) Fifty-four and one-half percent, together with the
funds received by the interagency committee for outdoor recreation under RCW 46.09.110, shall be credited to the nonhighway and off-road vehicle activities program account to
be administered by the committee for planning, acquisition,
development, maintenance, and management of ORV recreation facilities and nonhighway road recreation facilities;
ORV user education and information; and ORV law enforce[2003 RCW Supp—page 608]
ment programs. During the fiscal year ending June 30, 2004,
a portion of these funds may be appropriated to the department of natural resources to maintain and operate existing
ORV and other recreation facilities, including ORV campgrounds, for the state parks and recreation commission to
construct and upgrade trails and trail-related facilities for
both motorized and nonmotorized uses, and for other activities identified in this section. The funds under this subsection
shall be expended in accordance with the following limitations, except that during the fiscal year ending June 30, 2004,
funds appropriated to the committee from motor vehicle fuel
tax revenues for the activities in (e)(iv)(B) and (C) of this
subsection shall be reduced by the amounts appropriated to
the department of natural resources and the state parks and
recreation commission as provided in this subsection:
(A) Not more than twenty percent may be expended for
ORV education, information, and law enforcement programs
under this chapter;
(B) Not less than an amount equal to the funds received
by the interagency committee for outdoor recreation under
RCW 46.09.110 and not more than sixty percent may be
expended for ORV recreation facilities;
(C) Not more than twenty percent may be expended for
nonhighway road recreation facilities.
(2) On a yearly basis an agency may not, except as provided in RCW 46.09.110, expend more than ten percent of
the funds it receives under this chapter for general administration expenses incurred in carrying out this chapter.
(3) During the 2003-05 fiscal biennium, the legislature
may appropriate such amounts as reflect the excess fund balance in the ORV account to the interagency committee for
outdoor recreation, the department of natural resources, the
department of fish and wildlife, and the state parks and recreation commission. This appropriation is not required to follow the specific distribution specified in subsection (1) of this
section. [2003 1st sp.s. c 26 § 920; 2003 1st sp.s. c 25 § 922;
2003 c 361 § 407; 1995 c 166 § 9; 1994 c 264 § 36; 1990 c 42
§ 115; 1988 c 36 § 25; 1986 c 206 § 8; 1979 c 158 § 130; 1977
ex.s. c 220 § 14; 1975 1st ex.s. c 34 § 1; 1974 ex.s. c 144 § 3;
1972 ex.s. c 153 § 15; 1971 ex.s. c 47 § 22.]
Reviser's note: This section was amended by 2003 c 361 § 407, 2003
1st sp.s. c 25 § 922, and by 2003 1st sp.s. c 26 § 920, each without reference
to the other. All amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW
1.12.025(1).
Expiration date—Severability—Effective dates—2003 1st sp.s. c 26:
See notes following RCW 43.135.045.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1986 c 206: See note following RCW 46.09.020.
Effective date—1975 1st ex.s. c 34: "This 1975 amendatory act is necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect July 1, 1975." [1975 1st ex.s. c 34 § 4.]
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
Snowmobiles
Chapter 46.10
46.09.170
46.09.170 Refunds from motor vehicle fund—Distribution—Use. (Effective June 30, 2005.) (1) From time to
time, but at least once each year, the state treasurer shall
refund from the motor vehicle fund one percent of the motor
vehicle fuel tax revenues collected under chapter 82.36
RCW, based on a tax rate of: (a) Nineteen cents per gallon of
motor vehicle fuel from July 1, 2003, through June 30, 2005;
(b) twenty cents per gallon of motor vehicle fuel from July 1,
2005, through June 30, 2007; (c) twenty-one cents per gallon
of motor vehicle fuel from July 1, 2007, through June 30,
2009; (d) twenty-two cents per gallon of motor vehicle fuel
from July 1, 2009, through June 30, 2011; and (e) twentythree cents per gallon of motor vehicle fuel beginning July 1,
2011, and thereafter, less proper deductions for refunds and
costs of collection as provided in RCW 46.68.090. The treasurer shall place these funds in the general fund as follows:
(i) Forty percent shall be credited to the ORV and nonhighway vehicle account and administered by the department
of natural resources solely for planning, maintenance, and
management of ORV recreation facilities, nonhighway roads,
and nonhighway road recreation facilities. The funds under
this subsection shall be expended in accordance with the following limitations:
(A) Not more than five percent may be expended for
information programs under this chapter;
(B) Not less than ten percent and not more than fifty percent may be expended for ORV recreation facilities;
(C) Not more than twenty-five percent may be expended
for maintenance of nonhighway roads;
(D) Not more than fifty percent may be expended for
nonhighway road recreation facilities;
(E) Ten percent shall be transferred to the interagency
committee for outdoor recreation for grants to law enforcement agencies in those counties where the department of natural resources maintains ORV facilities. This amount is in
addition to those distributions made by the interagency committee for outdoor recreation under (e)(iv)(A) of this subsection;
(ii) Three and one-half percent shall be credited to the
ORV and nonhighway vehicle account and administered by
the department of fish and wildlife solely for the acquisition,
planning, development, maintenance, and management of
nonhighway roads and recreation facilities;
(iii) Two percent shall be credited to the ORV and nonhighway vehicle account and administered by the parks and
recreation commission solely for the maintenance and management of ORV use areas and facilities; and
(iv) Fifty-four and one-half percent, together with the
funds received by the interagency committee for outdoor recreation under RCW 46.09.110, shall be credited to the nonhighway and off-road vehicle activities program account to
be administered by the committee for planning, acquisition,
development, maintenance, and management of ORV recreation facilities and nonhighway road recreation facilities;
ORV user education and information; and ORV law enforcement programs. The funds under this subsection shall be
expended in accordance with the following limitations:
(A) Not more than twenty percent may be expended for
ORV education, information, and law enforcement programs
under this chapter;
(B) Not less than an amount equal to the funds received
by the interagency committee for outdoor recreation under
RCW 46.09.110 and not more than sixty percent may be
expended for ORV recreation facilities;
(C) Not more than twenty percent may be expended for
nonhighway road recreation facilities.
(2) On a yearly basis an agency may not, except as provided in RCW 46.09.110, expend more than ten percent of
the funds it receives under this chapter for general administration expenses incurred in carrying out this chapter.
(3) During the 2003-05 fiscal biennium, the legislature
may appropriate such amounts as reflect the excess fund balance in the ORV account to the interagency committee for
outdoor recreation, the department of natural resources, the
department of fish and wildlife, and the state parks and recreation commission. This appropriation is not required to follow the specific distribution specified in subsection (1) of this
section. [2003 1st sp.s. c 25 § 922; 2003 c 361 § 407; 1995 c
166 § 9; 1994 c 264 § 36; 1990 c 42 § 115; 1988 c 36 § 25;
1986 c 206 § 8; 1979 c 158 § 130; 1977 ex.s. c 220 § 14; 1975
1st ex.s. c 34 § 1; 1974 ex.s. c 144 § 3; 1972 ex.s. c 153 § 15;
1971 ex.s. c 47 § 22.]
Reviser's note: This section was amended by 2003 c 361 § 407 and by
2003 1st sp.s. c 25 § 922, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2003 1st sp.s. c 25: See note following
RCW 19.28.351.
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1986 c 206: See note following RCW 46.09.020.
Effective date—1975 1st ex.s. c 34: "This 1975 amendatory act is necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect July 1, 1975." [1975 1st ex.s. c 34 § 4.]
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.280
46.09.280 Nonhighway and off-road vehicle advisory
committee. The interagency committee for outdoor recreation shall establish the nonhighway and off-road vehicle
advisory committee to provide advice regarding the administration of this chapter. The nonhighway and off-road vehicle
advisory committee consists of a proportional representation
of persons with recreational experience in areas identified in
the most recent fuel use study, including but not limited to
people with off-road vehicle, hiking, equestrian, mountain
biking, hunting, fishing, and wildlife viewing experience.
Only representatives of organized ORV groups may be voting members of the committee with respect to expenditure of
funds received under RCW 46.09.110. [2003 c 185 § 1; 1986
c 206 § 13.]
Effective date—1986 c 206: See note following RCW 46.09.020.
Chapter 46.10
Chapter 46.10 RCW
SNOWMOBILES
Sections
46.10.130
46.10.170
Additional violations—Penalty. (Effective July 1, 2004.)
Amount of snowmobile fuel tax paid as motor vehicle fuel tax.
[2003 RCW Supp—page 609]
46.10.130
Title 46 RCW: Motor Vehicles
46.10.130
46.10.130 Additional violations—Penalty. (Effective
July 1, 2004.) (1) No person shall operate a snowmobile in
such a way as to endanger human life.
(2) No person shall operate a snowmobile in such a way
as to run down or harass deer, elk, or any wildlife, or any
domestic animal, nor shall any person carry any loaded
weapon upon, nor hunt from, any snowmobile except by permit issued by the director of fish and wildlife under RCW
77.32.237.
(3) Any person violating this section is guilty of a gross
misdemeanor. [2003 c 53 § 234; 1994 c 264 § 37; 1989 c 297
§ 4; 1979 ex.s. c 182 § 11; 1971 ex.s. c 29 § 13.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.10.170
46.10.170 Amount of snowmobile fuel tax paid as
motor vehicle fuel tax. From time to time, but at least once
each four years, the department shall determine the amount of
moneys paid to it as motor vehicle fuel tax that is tax on
snowmobile fuel. Such determination shall use one hundred
thirty-five gallons as the average yearly fuel usage per snowmobile, the number of registered snowmobiles during the calendar year under determination, and a fuel tax rate of: (1)
Nineteen cents per gallon of motor vehicle fuel from July 1,
2003, through June 30, 2005; (2) twenty cents per gallon of
motor vehicle fuel from July 1, 2005, through June 30, 2007;
(3) twenty-one cents per gallon of motor vehicle fuel from
July 1, 2007, through June 30, 2009; (4) twenty-two cents per
gallon of motor vehicle fuel from July 1, 2009, through June
30, 2011; and (5) twenty-three cents per gallon of motor vehicle fuel beginning July 1, 2011, and thereafter. [2003 c 361 §
408; 1994 c 262 § 4; 1993 c 54 § 7; 1990 c 42 § 117; 1979
ex.s. c 182 § 13; 1971 ex.s. c 29 § 17.]
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Chapter 46.12
Chapter 46.12 RCW
CERTIFICATES OF OWNERSHIP
AND REGISTRATION
Sections
46.12.070
46.12.101
46.12.210
46.12.220
46.12.510
Destruction of vehicle—Surrender of certificates, penalty—
Notice of settlement by insurance company. (Effective July
1, 2004.)
Transfer of ownership—Requirements—Penalty, exceptions.
Penalty for false statements or illegal transfers. (Effective July
1, 2004.)
Alteration or forgery—Penalty. (Effective July 1, 2004.)
Donations for organ donation awareness.
46.12.070
46.12.070 Destruction of vehicle—Surrender of certificates, penalty—Notice of settlement by insurance company. (Effective July 1, 2004.) (1) Upon the destruction of
any vehicle issued a certificate of ownership under this chapter or a license registration under chapter 46.16 RCW, the
registered owner and the legal owner shall forthwith and
within fifteen days thereafter forward and surrender the certificate to the department, together with a statement of the
[2003 RCW Supp—page 610]
reason for the surrender and the date and place of destruction.
Failure to notify the department or the possession by any person of any such certificate for a vehicle so destroyed, after fifteen days following its destruction, is prima facie evidence of
violation of the provisions of this chapter and constitutes a
gross misdemeanor.
(2) Any insurance company settling an insurance claim
on a vehicle that has been issued a certificate of ownership
under this chapter or a certificate of license registration under
chapter 46.16 RCW as a total loss, less salvage value, shall
notify the department thereof within fifteen days after the settlement of the claim. Notification shall be provided regardless of where or in what jurisdiction the total loss occurred.
(3) For a motor vehicle having a model year designation
at least six years before the calendar year of destruction, the
notification to the department must include a statement of
whether the retail fair market value of the motor vehicle
immediately before the destruction was at least the then market value threshold amount as defined in RCW 46.12.005.
[2003 c 53 § 235; 2002 c 245 § 2; 1990 c 250 § 28; 1961 c 12
§ 46.12.070. Prior: 1959 c 166 § 4; prior: 1947 c 164 § 3(b);
1939 c 182 § 1(b); 1937 c 188 § 5(b); Rem. Supp. 1947 §
6312-5(b).]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1990 c 250: See note following RCW 46.16.301.
46.12.101
46.12.101 Transfer of ownership—Requirements—
Penalty, exceptions. A transfer of ownership in a motor
vehicle is perfected by compliance with the requirements of
this section.
(1) If an owner transfers his or her interest in a vehicle,
other than by the creation, deletion, or change of a security
interest, the owner shall, at the time of the delivery of the
vehicle, execute an assignment to the transferee and provide
an odometer disclosure statement under RCW 46.12.124 on
the certificate of ownership or as the department otherwise
prescribes, and cause the certificate and assignment to be
transmitted to the transferee. The owner shall notify the
department or its agents or subagents, in writing, on the
appropriate form, of the date of the sale or transfer, the name
and address of the owner and of the transferee, the transferee's driver's license number if available, and such description of the vehicle, including the vehicle identification number, the license plate number, or both, as may be required in
the appropriate form provided or approved for that purpose
by the department. The report of sale will be deemed properly filed if all information required in this section is provided
on the form and includes a department-authorized notation
that the document was received by the department, its agents,
or subagents on or before the fifth day after the sale of the
vehicle, excluding Saturdays, Sundays, and state and federal
holidays. Agents and subagents shall immediately electronically transmit the seller's report of sale to the department.
Reports of sale processed and recorded by the department's
agents or subagents may be subject to fees as specified in
RCW 46.01.140 (4)(a) or (5)(b). By January 1, 2003, the
department shall create a system enabling the seller of a vehicle to transmit the report of sale electronically. The system
created by the department must immediately indicate on the
Certificates of Ownership and Registration
department's vehicle record that a seller's report of sale has
been filed.
(2) The requirements of subsection (1) of this section to
provide an odometer disclosure statement apply to the transfer of vehicles held for lease when transferred to a lessee and
then to the lessor at the end of the leasehold and to vehicles
held in a fleet when transferred to a purchaser.
(3) Except as provided in RCW 46.70.122 the transferee
shall within fifteen days after delivery to the transferee of the
vehicle, execute the application for a new certificate of ownership in the same space provided therefor on the certificate
or as the department prescribes, and cause the certificates and
application to be transmitted to the department.
(4) Upon request of the owner or transferee, a secured
party in possession of the certificate of ownership shall,
unless the transfer was a breach of its security agreement,
either deliver the certificate to the transferee for transmission
to the department or, when the secured party receives the
owner's assignment from the transferee, it shall transmit the
transferee's application for a new certificate, the existing certificate, and the required fee to the department. Compliance
with this section does not affect the rights of the secured
party.
(5) If a security interest is reserved or created at the time
of the transfer, the certificate of ownership shall be retained
by or delivered to the person who becomes the secured party,
and the parties shall comply with the provisions of RCW
46.12.170.
(6) If the purchaser or transferee fails or neglects to make
application to transfer the certificate of ownership and license
registration within fifteen days after the date of delivery of
the vehicle, he or she shall on making application for transfer
be assessed a twenty-five dollar penalty on the sixteenth day
and two dollars additional for each day thereafter, but not to
exceed one hundred dollars. The director may by rule establish conditions under which the penalty will not be assessed
when an application for transfer is delayed for reasons
beyond the control of the purchaser. Conditions for not
assessing the penalty may be established for but not limited to
delays caused by:
(a) The department requesting additional supporting
documents;
(b) Extended hospitalization or illness of the purchaser;
(c) Failure of a legal owner to release his or her interest;
(d) Failure, negligence, or nonperformance of the department, auditor, or subagent.
Failure or neglect to make application to transfer the certificate of ownership and license registration within forty-five
days after the date of delivery of the vehicle is a misdemeanor.
(7) Upon receipt of an application for reissue or replacement of a certificate of ownership and transfer of license registration, accompanied by the endorsed certificate of ownership or other documentary evidence as is deemed necessary,
the department shall, if the application is in order and if all
provisions relating to the certificate of ownership and license
registration have been complied with, issue new certificates
of title and license registration as in the case of an original
issue and shall transmit the fees together with an itemized
detailed report to the state treasurer.
46.12.510
(8) Once each quarter the department shall report to the
department of revenue a list of those vehicles for which a
seller's report has been received but no transfer of title has
taken place. [2003 c 264 § 7; 2002 c 279 § 1; 1998 c 203 §
11; 1991 c 339 § 19; 1990 c 238 § 4; 1987 c 127 § 1; 1984 c
39 § 1; 1972 ex.s. c 99 § 1; 1969 ex.s. c 281 § 38; 1969 ex.s.
c 42 § 1; 1967 c 140 § 7.]
Finding—1998 c 203: See note following RCW 46.55.105.
Effective date, implementation—1990 c 238: See note following
RCW 46.12.030.
Effective date—1967 c 140: See note following RCW 46.12.010.
Definitions: RCW 46.12.005.
46.12.210
46.12.210 Penalty for false statements or illegal
transfers. (Effective July 1, 2004.) Any person who knowingly makes any false statement of a material fact, either in
his or her application for the certificate of ownership or in
any assignment thereof, or who with intent to procure or pass
ownership to a vehicle which he or she knows or has reason
to believe has been stolen, receives or transfers possession of
the same from or to another or who has in his or her possession any vehicle which he or she knows or has reason to
believe has been stolen, and who is not an officer of the law
engaged at the time in the performance of his or her duty as
such officer, is guilty of a class B felony and upon conviction
shall be punished by a fine of not more than five thousand
dollars or by imprisonment for not more than ten years, or
both such fine and imprisonment. This provision shall not
exclude any other offenses or penalties prescribed by any
existing or future law for the larceny or unauthorized taking
of a motor vehicle. [2003 c 53 § 236; 1961 c 12 § 46.12.210.
Prior: 1937 c 188 § 12; RRS § 6312-12.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.12.220
46.12.220 Alteration or forgery—Penalty. (Effective
July 1, 2004.) Any person who alters or forges or causes to
be altered or forged any certificate issued by the director pursuant to the provisions of this chapter, or any assignment
thereof, or any release or notice of release of any encumbrance referred to therein, or who shall hold or use any such
certificate or assignment, or release or notice of release,
knowing the same to have been altered or forged, is guilty of
a class B felony punishable according to chapter 9A.20
RCW. [2003 c 53 § 237; 1967 c 32 § 12; 1961 c 12 §
46.12.220. Prior: 1937 c 188 § 13; RRS § 6312-13.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.12.510
46.12.510 Donations for organ donation awareness.
An applicant for a new or renewed registration for a vehicle
required to be registered under this chapter or chapter 46.16
RCW may make a donation of one dollar or more to the organ
and tissue donation awareness account to promote the donation of organs and tissues under the provisions of the uniform
anatomical gift act, RCW 68.50.520 through *68.50.630.
The department shall collect the donations and credit the
donations to the organ and tissue donation awareness
account, created in RCW 68.50.640. At least quarterly, the
department shall transmit donations made to the organ and
tissue donation awareness account to the foundation estab[2003 RCW Supp—page 611]
Chapter 46.16
Title 46 RCW: Motor Vehicles
lished for organ and tissue donation awareness purposes by
the Washington state organ procurement organizations. All
Washington state organ procurement organizations will have
proportional access to these funds to conduct public education in their service areas. The donation of one or more dollars is voluntary and may be refused by the applicant. The
department shall make available informational booklets or
other informational sources on the importance of organ and
tissue donations to applicants.
The department shall inquire of each applicant at the
time the completed application is presented whether the
applicant is interested in making a donation of one dollar or
more and shall also specifically inform the applicant of the
option for organ and tissue donations as required by RCW
46.20.113. The department shall also provide written information to each applicant volunteering to become an organ
and tissue donor. The written information shall disclose that
the applicant's name shall be transmitted to the organ and tissue donor registry created in RCW 68.50.635, and that the
applicant shall notify a Washington state organ procurement
organization of any changes to the applicant's donor status.
All reasonable costs associated with the creation of the
donation program created under this section must be paid
proportionally or by other agreement by a Washington state
organ procurement organization.
For the purposes of this section, "reasonable costs" and
"Washington state organ procurement organization" have the
same meaning as defined in RCW 68.50.530. [2003 c 94 §
6.]
*Reviser's note: RCW 68.50.630 was repealed by 2002 c 45 § 1.
Application—2003 c 94 § 6: "Section 6 of this act takes effect with
registrations that are due or become due January 1, 2004, or later." [2003 c
94 § 8.]
Findings—2003 c 94: See note following RCW 68.50.530.
Chapter 46.16
Chapter 46.16 RCW
VEHICLE LICENSES
Sections
46.16.010
46.16.010
46.16.0621
46.16.0621
46.16.070
46.16.070
46.16.233
46.16.295
46.16.314
46.16.381
46.16.685
46.16.690
46.16.700
46.16.705
46.16.715
46.16.725
46.16.735
46.16.745
46.16.755
46.16.765
Licenses and plates required—Penalties—Exceptions. (Effective until July 1, 2004.)
Licenses and plates required—Penalties—Exceptions. (Effective July 1, 2004.)
License fee (as amended by 2002 c 352).
License fee (as amended by 2003 c 1 (Initiative Measure No.
776)).
License fee on trucks, buses, and for hire vehicles based on
gross weight. (Effective if Initiative Measure No. 776 is
declared unconstitutional by pending court action.)
License fee on trucks, buses, and for hire vehicles based on
gross weight. (Effective if Initiative Measure No. 776 is
upheld by pending court action.)
Standard background—Periodic replacement—Retention of
current plate number.
Returned plates—Reuse.
Special license plates—Authority to continue.
Special parking for disabled persons—Penalties—Enforcement.
License plate technology account.
License plate design services—Fee.
Special license plates—Intent.
Special license plate review board—Created.
Board—Administration.
Board—Powers and duties.
Special license plates—Sponsoring organization requirements.
Special license plates—Sponsor application requirements.
Special license plates—Disposition of revenues.
Special license plates—Continuing requirements.
[2003 RCW Supp—page 612]
46.16.775
46.16.010
Special license plates—Nonreviewed plates.
46.16.010 Licenses and plates required—Penalties—
Exceptions. (Effective until July 1, 2004.) (1) It is unlawful
for a person to operate any vehicle over and along a public
highway of this state without first having obtained and having in full force and effect a current and proper vehicle
license and display vehicle license number plates therefor as
by this chapter provided. Failure to make initial registration
before operation on the highways of this state is a misdemeanor, and any person convicted thereof must be punished
by a fine of no less than three hundred thirty dollars, no part
of which may be suspended or deferred.
Failure to renew an expired registration before operation
on the highways of this state is a traffic infraction.
(2) The licensing of a vehicle in another state by a resident of this state, as defined in RCW 46.16.028, evading the
payment of any tax or license fee imposed in connection with
registration, is a gross misdemeanor punishable as follows:
(a) For a first offense, up to one year in the county jail
and a fine equal to twice the amount of delinquent taxes and
fees, no part of which may be suspended or deferred;
(b) For a second or subsequent offense, up to one year in
the county jail and a fine equal to four times the amount of
delinquent taxes and fees, no part of which may be suspended
or deferred;
(c) For fines levied under (b) of this subsection, an
amount equal to the avoided taxes and fees owed will be
deposited in the vehicle licensing fraud account created in the
state treasury;
(d) The avoided taxes and fees shall be deposited and
distributed in the same manner as if the taxes and fees were
properly paid in a timely fashion.
(3) These provisions shall not apply to the following
vehicles:
(a) Motorized foot scooters;
(b) Electric-assisted bicycles;
(c) Farm vehicles if operated within a radius of fifteen
miles of the farm where principally used or garaged, farm
tractors and farm implements including trailers designed as
cook or bunk houses used exclusively for animal herding
temporarily operating or drawn upon the public highways,
and trailers used exclusively to transport farm implements
from one farm to another during the daylight hours or at night
when such equipment has lights that comply with the law;
(d) Spray or fertilizer applicator rigs designed and used
exclusively for spraying or fertilization in the conduct of
agricultural operations and not primarily for the purpose of
transportation, and nurse rigs or equipment auxiliary to the
use of and designed or modified for the fueling, repairing, or
loading of spray and fertilizer applicator rigs and not used,
designed, or modified primarily for the purpose of transportation;
(e) Fork lifts operated during daylight hours on public
highways adjacent to and within five hundred feet of the
warehouses which they serve: PROVIDED FURTHER, That
these provisions shall not apply to vehicles used by the state
parks and recreation commission exclusively for park maintenance and operations upon public highways within state
parks;
Vehicle Licenses
(f) "Special highway construction equipment" defined as
follows: Any vehicle which is designed and used primarily
for grading of highways, paving of highways, earth moving,
and other construction work on highways and which is not
designed or used primarily for the transportation of persons
or property on a public highway and which is only incidentally operated or moved over the highway. It includes, but is
not limited to, road construction and maintenance machinery
so designed and used such as portable air compressors, air
drills, asphalt spreaders, bituminous mixers, bucket loaders,
track laying tractors, ditchers, leveling graders, finishing
machines, motor graders, paving mixers, road rollers, scarifiers, earth moving scrapers and carryalls, lighting plants,
welders, pumps, power shovels and draglines, self-propelled
and tractor-drawn earth moving equipment and machinery,
including dump trucks and tractor-dump trailer combinations
which either (i) are in excess of the legal width, or (ii) which,
because of their length, height, or unladen weight, may not be
moved on a public highway without the permit specified in
RCW 46.44.090 and which are not operated laden except
within the boundaries of the project limits as defined by the
contract, and other similar types of construction equipment,
or (iii) which are driven or moved upon a public highway
only for the purpose of crossing such highway from one property to another, provided such movement does not exceed
five hundred feet and the vehicle is equipped with wheels or
pads which will not damage the roadway surface.
Exclusions:
"Special highway construction equipment" does not
include any of the following:
Dump trucks originally designed to comply with the
legal size and weight provisions of this code notwithstanding
any subsequent modification which would require a permit,
as specified in RCW 46.44.090, to operate such vehicles on a
public highway, including trailers, truck-mounted transit
mixers, cranes and shovels, or other vehicles designed for the
transportation of persons or property to which machinery has
been attached.
(4) The following vehicles, whether operated solo or in
combination, are exempt from license registration and displaying license plates as required by this chapter:
(a) A converter gear used to convert a semitrailer into a
trailer or a two-axle truck or tractor into a three or more axle
truck or tractor or used in any other manner to increase the
number of axles of a vehicle. Converter gear includes an auxiliary axle, booster axle, dolly, and jeep axle.
(b) A tow dolly that is used for towing a motor vehicle
behind another motor vehicle. The front or rear wheels of the
towed vehicle are secured to and rest on the tow dolly that is
attached to the towing vehicle by a tow bar. [2003 c 353 § 8;
2000 c 229 § 1; 1999 c 277 § 4. Prior: 1997 c 328 § 2; 1997
c 241 § 13; 1996 c 184 § 1; 1993 c 238 § 1; 1991 c 163 § 1;
1989 c 192 § 2; 1986 c 186 § 1; 1977 ex.s. c 148 § 1; 1973 1st
ex.s. c 17 § 2; 1972 ex.s. c 5 § 2; 1969 c 27 § 3; 1967 c 202 §
2; 1963 ex.s. c 3 § 51; 1961 ex.s. c 21 § 32; 1961 c 12 §
46.16.010; prior: 1955 c 265 § 1; 1947 c 33 § 1; 1937 c 188
§ 15; Rem. Supp. 1947 § 6312-15; 1929 c 99 § 5; RRS §
6324.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—2003 c 353: See note following RCW 46.04.320.
46.16.010
Effective date—2000 c 229: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 30, 2000]." [2000 c 229 § 9.]
Effective date—1996 c 184 §§ 1-6: "Sections 1 through 6 of this act
take effect January 1, 1997." [1996 c 184 § 8.]
Legislative intent—1989 c 192: "The legislature recognizes that there
are residents of this state who intentionally register motor vehicles in other
states to evade payment of taxes and fees required by the laws of this state.
This results in a substantial loss of revenue to the state. It is the intent of the
legislature to impose a stronger criminal penalty upon those residents who
defraud the state, thereby enhancing compliance with the registration laws of
this state and further enhancing enforcement and collection efforts.
In order to encourage voluntary compliance with the registration laws
of this state, administrative penalties associated with failing to register a
motor vehicle are waived until September 1, 1989. It is not the intent of the
legislature to waive traffic infraction or criminal traffic violations imposed
prior to July 23, 1989." [1989 c 192 § 1.]
Effective date—1989 c 192 § 2: "Section 2 of this act shall take effect
September 1, 1989." [1989 c 192 § 3.]
46.16.010
46.16.010 Licenses and plates required—Penalties—
Exceptions. (Effective July 1, 2004.) (1) It is unlawful for a
person to operate any vehicle over and along a public highway of this state without first having obtained and having in
full force and effect a current and proper vehicle license and
display vehicle license number plates therefor as by this
chapter provided.
(2) Failure to make initial registration before operation
on the highways of this state is a misdemeanor, and any person convicted thereof must be punished by a fine of no less
than three hundred thirty dollars, no part of which may be
suspended or deferred.
(3) Failure to renew an expired registration before operation on the highways of this state is a traffic infraction.
(4) The licensing of a vehicle in another state by a resident of this state, as defined in RCW 46.16.028, evading the
payment of any tax or license fee imposed in connection with
registration, is a gross misdemeanor punishable as follows:
(a) For a first offense, up to one year in the county jail
and a fine equal to twice the amount of delinquent taxes and
fees, no part of which may be suspended or deferred;
(b) For a second or subsequent offense, up to one year in
the county jail and a fine equal to four times the amount of
delinquent taxes and fees, no part of which may be suspended
or deferred;
(c) For fines levied under (b) of this subsection, an
amount equal to the avoided taxes and fees owed will be
deposited in the vehicle licensing fraud account created in the
state treasury;
(d) The avoided taxes and fees shall be deposited and
distributed in the same manner as if the taxes and fees were
properly paid in a timely fashion.
(5) These provisions shall not apply to the following
vehicles:
(a) Motorized foot scooters;
(b) Electric-assisted bicycles;
(c) Farm vehicles if operated within a radius of fifteen
miles of the farm where principally used or garaged, farm
tractors and farm implements including trailers designed as
cook or bunk houses used exclusively for animal herding
temporarily operating or drawn upon the public highways,
and trailers used exclusively to transport farm implements
[2003 RCW Supp—page 613]
46.16.0621
Title 46 RCW: Motor Vehicles
from one farm to another during the daylight hours or at night
when such equipment has lights that comply with the law;
(d) Spray or fertilizer applicator rigs designed and used
exclusively for spraying or fertilization in the conduct of
agricultural operations and not primarily for the purpose of
transportation, and nurse rigs or equipment auxiliary to the
use of and designed or modified for the fueling, repairing, or
loading of spray and fertilizer applicator rigs and not used,
designed, or modified primarily for the purpose of transportation;
(e) Fork lifts operated during daylight hours on public
highways adjacent to and within five hundred feet of the
warehouses which they serve: PROVIDED FURTHER, That
these provisions shall not apply to vehicles used by the state
parks and recreation commission exclusively for park maintenance and operations upon public highways within state
parks;
(f) "Special highway construction equipment" defined as
follows: Any vehicle which is designed and used primarily
for grading of highways, paving of highways, earth moving,
and other construction work on highways and which is not
designed or used primarily for the transportation of persons
or property on a public highway and which is only incidentally operated or moved over the highway. It includes, but is
not limited to, road construction and maintenance machinery
so designed and used such as portable air compressors, air
drills, asphalt spreaders, bituminous mixers, bucket loaders,
track laying tractors, ditchers, leveling graders, finishing
machines, motor graders, paving mixers, road rollers, scarifiers, earth moving scrapers and carryalls, lighting plants,
welders, pumps, power shovels and draglines, self-propelled
and tractor-drawn earth moving equipment and machinery,
including dump trucks and tractor-dump trailer combinations
which either (i) are in excess of the legal width, or (ii) which,
because of their length, height, or unladen weight, may not be
moved on a public highway without the permit specified in
RCW 46.44.090 and which are not operated laden except
within the boundaries of the project limits as defined by the
contract, and other similar types of construction equipment,
or (iii) which are driven or moved upon a public highway
only for the purpose of crossing such highway from one property to another, provided such movement does not exceed
five hundred feet and the vehicle is equipped with wheels or
pads which will not damage the roadway surface.
Exclusions:
"Special highway construction equipment" does not
include any of the following:
Dump trucks originally designed to comply with the
legal size and weight provisions of this code notwithstanding
any subsequent modification which would require a permit,
as specified in RCW 46.44.090, to operate such vehicles on a
public highway, including trailers, truck-mounted transit
mixers, cranes and shovels, or other vehicles designed for the
transportation of persons or property to which machinery has
been attached.
(6) The following vehicles, whether operated solo or in
combination, are exempt from license registration and displaying license plates as required by this chapter:
(a) A converter gear used to convert a semitrailer into a
trailer or a two-axle truck or tractor into a three or more axle
truck or tractor or used in any other manner to increase the
[2003 RCW Supp—page 614]
number of axles of a vehicle. Converter gear includes an auxiliary axle, booster axle, dolly, and jeep axle.
(b) A tow dolly that is used for towing a motor vehicle
behind another motor vehicle. The front or rear wheels of the
towed vehicle are secured to and rest on the tow dolly that is
attached to the towing vehicle by a tow bar. [2003 c 353 § 8;
2003 c 53 § 238; 2000 c 229 § 1; 1999 c 277 § 4. Prior: 1997
c 328 § 2; 1997 c 241 § 13; 1996 c 184 § 1; 1993 c 238 § 1;
1991 c 163 § 1; 1989 c 192 § 2; 1986 c 186 § 1; 1977 ex.s. c
148 § 1; 1973 1st ex.s. c 17 § 2; 1972 ex.s. c 5 § 2; 1969 c 27
§ 3; 1967 c 202 § 2; 1963 ex.s. c 3 § 51; 1961 ex.s. c 21 § 32;
1961 c 12 § 46.16.010; prior: 1955 c 265 § 1; 1947 c 33 § 1;
1937 c 188 § 15; Rem. Supp. 1947 § 6312-15; 1929 c 99 § 5;
RRS § 6324.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Reviser's note: This section was amended by 2003 c 53 § 238 and by
2003 c 353 § 8, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 353: See note following RCW 46.04.320.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2000 c 229: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 30, 2000]." [2000 c 229 § 9.]
Effective date—1996 c 184 §§ 1-6: "Sections 1 through 6 of this act
take effect January 1, 1997." [1996 c 184 § 8.]
Legislative intent—1989 c 192: "The legislature recognizes that there
are residents of this state who intentionally register motor vehicles in other
states to evade payment of taxes and fees required by the laws of this state.
This results in a substantial loss of revenue to the state. It is the intent of the
legislature to impose a stronger criminal penalty upon those residents who
defraud the state, thereby enhancing compliance with the registration laws of
this state and further enhancing enforcement and collection efforts.
In order to encourage voluntary compliance with the registration laws
of this state, administrative penalties associated with failing to register a
motor vehicle are waived until September 1, 1989. It is not the intent of the
legislature to waive traffic infraction or criminal traffic violations imposed
prior to July 23, 1989." [1989 c 192 § 1.]
Effective date—1989 c 192 § 2: "Section 2 of this act shall take effect
September 1, 1989." [1989 c 192 § 3.]
46.16.0621
46.16.0621 License fee (as amended by 2002 c 352). (1) License tab
fees shall be thirty dollars per year for all vehicles.
(2) For the purposes of this section, "license tab fees" are defined as the
general fees paid annually for licensing motor vehicles and trailers as defined
in RCW 46.04.620 and 46.04.623. Trailers licensed under RCW 46.16.068
or 46.16.085 and campers licensed under RCW 46.16.505 are not required to
pay license tab fees under this section. [2002 c 352 § 7; 2000 1st sp.s. c 1 §
1.]
Reviser's note: (1) RCW 46.16.0621 was amended twice in 2002, first
by the legislature in 2002 c 352 § 7 and then by Initiative Measure No. 776,
each without reference to the other. For analogy to legislative double amendment, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 776 is being challenged in Pierce Co. v. State of Washington, King Co. Superior Ct. No. 022-35125-5 SEA.
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—2000 1st sp.s. c 1: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect immediately [March 31, 2000]." [2000 1st sp.s. c 1 § 3.]
Vehicle Licenses
Retroactive application—2000 1st sp.s. c 1: "This act applies retroactively to January 1, 2000." [2000 1st sp.s. c 1 § 4.]
46.16.0621
46.16.0621 License fee (as amended by 2003 c 1 (Initiative Measure
No. 776)). (1) License tab fees ((shall be thirty dollars)) are required to be
$30 per year for motor vehicles, regardless of year, value, make, or model((,
beginning January 1, 2000)).
(2) For the purposes of this section, "license tab fees" are defined as the
general fees paid annually for licensing motor vehicles, including cars, sport
utility vehicles, motorcycles, and motor homes. [2003 c 1 § 2 (Initiative
Measure No. 776, approved November 5, 2002); 2000 1st sp.s. c 1 § 1.]
Reviser's note: (1) RCW 46.16.0621 was amended twice in 2002, first
by the legislature in 2002 c 352 § 7 and then by Initiative Measure No. 776,
each without reference to the other. For analogy to legislative double amendment, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 776 is being challenged in Pierce Co. v. State of Washington, King Co. Superior Ct. No. 022-35125-5 SEA.
Severability—Savings—2003 c 1 (Initiative Measure No. 776): See
note following RCW 81.104.160.
Policies and purposes—2003 c 1 (Initiative Measure No. 776): "This
measure would require license tab fees to be $30 per year for motor vehicles
and light trucks and would repeal certain government-imposed charges,
including excise taxes and fees, levied on motor vehicles. Politicians promised "$30 license tabs are here to stay" and promised any increases in vehicle-related taxes, fees and surcharges would be put to a public vote. Politicians should keep their promises. As long as taxpayers must pay incredibly
high sales taxes when buying motor vehicles (meaning state and local governments receive huge windfalls of sales tax revenue from these transactions), the people want license tab fees to not exceed the promised $30 per
year. Without this follow-up measure, "tab creep" will continue until license
tab fees are once again obscenely expensive, as they were prior to Initiative
695. The people want a public vote on any increases in vehicle-related taxes,
fees and surcharges to ensure increased accountability. Voters will require
more cost-effective use of existing revenues and fundamental reforms before
approving higher charges on motor vehicles (such changes may remove the
need for any increases). Also, dramatic changes to transportation plans and
programs previously presented to voters must be resubmitted. This measure
provides a strong directive to all taxing districts to obtain voter approval
before imposing taxes, fees and surcharges on motor vehicles. However, if
the legislature ignores this clear message, a referendum will be filed to protect the voters' rights. Politicians should just do the right thing and keep their
promises." [2003 c 1 § 1 (Initiative Measure No. 776, approved November
5, 2002).]
Construction—2003 c 1 (Initiative Measure No. 776): "The provisions of this act are to be liberally construed to effectuate the intent, policies,
and purposes of this act." [2003 c 1 § 9 (Initiative Measure No. 776,
approved November 5, 2002).]
Intent—2003 c 1 (Initiative Measure No. 776): "The people have
made clear through the passage of numerous initiatives and referenda that
taxes need to be reasonable and tax increases should always be a last resort.
However, politicians throughout the state of Washington continue to ignore
these repeated mandates.
The people expect politicians to keep their promises. The legislative
intent of this measure is to ensure that they do.
Politicians are reminded:
(1) Washington voters want license tab fees to be $30 per year for
motor vehicles unless voters authorize higher vehicle-related charges at an
election.
(2) All political power is vested in the people, as stated in Article I, section 1 of the Washington state Constitution.
(3) The first power reserved by the people is the initiative, as stated in
Article II, section 1 of the Washington state Constitution.
(4) When voters approve initiatives, politicians have a moral, ethical,
and constitutional obligation to fully implement them. When politicians
ignore this obligation, they corrupt the term "public servant."
(5) Any attempt to violate the clear intent and spirit of this measure
undermines the trust of the people in their government and will increase the
likelihood of future tax limitation measures." [2003 c 1 § 11 (Initiative Measure No. 776, approved November 5, 2002).]
Effective date—2000 1st sp.s. c 1: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the
46.16.070
state government and its existing public institutions, and takes effect immediately [March 31, 2000]." [2000 1st sp.s. c 1 § 3.]
Retroactive application—2000 1st sp.s. c 1: "This act applies retroactively to January 1, 2000." [2000 1st sp.s. c 1 § 4.]
46.16.070
46.16.070 License fee on trucks, buses, and for hire
vehicles based on gross weight. (Effective if Initiative
Measure No. 776 is declared unconstitutional by pending
court action.) (1) In lieu of all other vehicle licensing fees,
unless specifically exempt, and in addition to the mileage
fees prescribed for buses and stages in RCW 46.16.125, there
shall be paid and collected annually for each truck, motor
truck, truck tractor, road tractor, tractor, bus, auto stage, or
for hire vehicle with seating capacity of more than six, based
upon the declared combined gross weight or declared gross
weight under chapter 46.44 RCW, the following licensing
fees by such gross weight:
DECLARED GROSS WEIGHT
4,000 lbs.
6,000 lbs.
8,000 lbs.
10,000 lbs.
12,000 lbs.
14,000 lbs.
16,000 lbs.
18,000 lbs.
20,000 lbs.
22,000 lbs.
24,000 lbs.
26,000 lbs.
28,000 lbs.
30,000 lbs.
32,000 lbs.
34,000 lbs.
36,000 lbs.
38,000 lbs.
40,000 lbs.
42,000 lbs.
44,000 lbs.
46,000 lbs.
48,000 lbs.
50,000 lbs.
52,000 lbs.
54,000 lbs.
56,000 lbs.
58,000 lbs.
60,000 lbs.
62,000 lbs.
64,000 lbs.
66,000 lbs.
68,000 lbs.
70,000 lbs.
72,000 lbs.
74,000 lbs.
76,000 lbs.
78,000 lbs.
80,000 lbs.
82,000 lbs.
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
SCHEDULE A
SCHEDULE B
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
37.00. . . . . . . . . .
44.00. . . . . . . . . .
55.00. . . . . . . . . .
62.00. . . . . . . . . .
79.00. . . . . . . . . .
90.00. . . . . . . . . .
102.00. . . . . . . . . .
154.00. . . . . . . . . . .
171.00. . . . . . . . . . .
185.00. . . . . . . . . . .
200.00. . . . . . . . . . .
211.00. . . . . . . . . . .
249.00. . . . . . . . . . .
287.00. . . . . . . . . . .
346.00. . . . . . . . . . .
368.00. . . . . . . . . . .
399.00. . . . . . . . . . .
438.00. . . . . . . . . . .
501.00. . . . . . . . . . .
521.00. . . . . . . . . . .
532.00. . . . . . . . . . .
572.00. . . . . . . . . . .
596.00. . . . . . . . . . .
647.00. . . . . . . . . . .
680.00. . . . . . . . . . .
734.00. . . . . . . . . . .
775.00. . . . . . . . . . .
806.00. . . . . . . . . . .
859.00. . . . . . . . . . .
921.00. . . . . . . . . . .
941.00. . . . . . . . . . .
1,048.00. . . . . . . . . . .
1,093.00. . . . . . . . . . .
1,177.00. . . . . . . . . . .
1,259.00. . . . . . . . . . .
1,368.00. . . . . . . . . . .
1,478.00. . . . . . . . . . .
1,614.00. . . . . . . . . . .
1,742.00. . . . . . . . . . .
1,863.00. . . . . . . . . . .
37.00
44.00
55.00
62.00
79.00
90.00
102.00
154.00
171.00
185.00
200.00
211.00
249.00
287.00
346.00
368.00
399.00
438.00
501.00
611.00
622.00
662.00
686.00
737.00
770.00
824.00
865.00
896.00
949.00
1,011.00
1,031.00
1,138.00
1,183.00
1,267.00
1,349.00
1,458.00
1,568.00
1,704.00
1,832.00
1,953.00
[2003 RCW Supp—page 615]
46.16.070
84,000 lbs.. . . . . . . . . .
86,000 lbs.. . . . . . . . . .
88,000 lbs.. . . . . . . . . .
90,000 lbs.. . . . . . . . . .
92,000 lbs.. . . . . . . . . .
94,000 lbs.. . . . . . . . . .
96,000 lbs.. . . . . . . . . .
98,000 lbs.. . . . . . . . . .
100,000 lbs.. . . . . . . . . .
102,000 lbs.. . . . . . . . . .
104,000 lbs.. . . . . . . . . .
105,500 lbs.. . . . . . . . . .
Title 46 RCW: Motor Vehicles
$
$
$
$
$
$
$
$
$
$
$
$
1,983.00 . . . . . . . . . . .
2,104.00 . . . . . . . . . . .
2,225.00 . . . . . . . . . . .
2,346.00 . . . . . . . . . . .
2,466.00 . . . . . . . . . . .
2,587.00 . . . . . . . . . . .
2,708.00 . . . . . . . . . . .
2,829.00 . . . . . . . . . . .
2,949.00 . . . . . . . . . . .
3,070.00 . . . . . . . . . . .
3,191.00 . . . . . . . . . . .
3,312.00 . . . . . . . . . . .
$
$
$
$
$
$
$
$
$
$
$
$
2,073.00
2,194.00
2,315.00
2,436.00
2,556.00
2,677.00
2,798.00
2,919.00
3,039.00
3,160.00
3,281.00
3,402.00
Schedule A applies to vehicles either used exclusively
for hauling logs or that do not tow trailers. Schedule B
applies to vehicles that tow trailers and are not covered under
Schedule A.
Every truck, motor truck, truck tractor, and tractor
exceeding 6,000 pounds empty scale weight registered under
chapter 46.16, 46.87, or 46.88 RCW shall be licensed for not
less than one hundred fifty percent of its empty weight unless
the amount would be in excess of the legal limits prescribed
for such a vehicle in RCW 46.44.041 or 46.44.042, in which
event the vehicle shall be licensed for the maximum weight
authorized for such a vehicle or unless the vehicle is used
only for the purpose of transporting any well drilling
machine, air compressor, rock crusher, conveyor, hoist, donkey engine, cook house, tool house, bunk house, or similar
machine or structure attached to or made a part of such vehicle.
The following provisions apply when increasing gross or
combined gross weight for a vehicle licensed under this section:
(a) The new license fee will be one-twelfth of the fee
listed above for the new gross weight, multiplied by the number of months remaining in the period for which licensing
fees have been paid, including the month in which the new
gross weight is effective.
(b) Upon surrender of the current certificate of registration or cab card, the new licensing fees due shall be reduced
by the amount of the licensing fees previously paid for the
same period for which new fees are being charged.
(2) The proceeds from the fees collected under subsection (1) of this section shall be distributed in accordance with
RCW 46.68.035. [2003 c 361 § 201; 1994 c 262 § 8; 1993
sp.s. c 23 § 60. Prior: 1993 c 123 § 5; 1993 c 102 § 1; 1990
c 42 § 105; 1989 c 156 § 1; prior: 1987 1st ex.s. c 9 § 4; 1987
c 244 § 3; 1986 c 18 § 4; 1985 c 380 § 15; 1975-'76 2nd ex.s.
c 64 § 1; 1969 ex.s. c 281 § 54; 1967 ex.s. c 118 § 1; 1967
ex.s. c 83 § 56; 1961 ex.s. c 7 § 11; 1961 c 12 § 46.16.070;
prior: 1957 c 273 § 1; 1955 c 363 § 2; prior: 1951 c 269 § 9;
1950 ex.s. c 15 § 1, part; 1939 c 182 § 3, part; 1937 c 188 §
17, part; 1931 c 140 § 1, part; 1921 c 96 § 15, part; 1919 c 46
§ 1, part; 1917 c 155 § 10, part; 1915 c 142 § 15, part; Rem.
Supp. 1949 § 6312-17, part; RRS § 6326, part.]
Application—2003 c 361 § 201: "Section 201 of this act is effective
with registrations that are due or will become due August 1, 2003, and thereafter." [2003 c 361 § 704.]
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
[2003 RCW Supp—page 616]
Effective date—1994 c 262 §§ 8, 28: "Sections 8 and 28 of this act take
effect July 1, 1994." [1994 c 262 § 29.]
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: "Chapter
102, Laws of 1993 and chapter 123, Laws of 1993 each take effect January
1, 1994." [1993 sp.s. c 23 § 66.]
Effective dates—1993 sp.s. c 23: See note following RCW 43.89.010.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Application—1989 c 156: "This act first applies to the renewal of vehicle registrations that have a December 1990 or later expiration date and all
initial vehicle registrations that are effective on or after January 1, 1990."
[1989 c 156 § 5.]
Severability—Effective date—1987 1st ex.s. c 9: See notes following
RCW 46.29.050.
Effective date—1986 c 18; 1985 c 380: See RCW 46.87.901.
Severability—1985 c 380: See RCW 46.87.900.
Effective dates—1975-'76 2nd ex.s. c 64: "Sections 1, 2, and 5 through
24 of this 1976 amendatory act shall take effect on July 1, 1976, and sections
3 and 4 of this 1976 amendatory act shall take effect on January 1, 1977. All
current and outstanding valid licenses and permits held by licensees on July
1, 1976, shall remain valid until their expiration dates, but renewals and original applications made after July 1, 1976, shall be governed by the law in
effect at the time such renewal or application is made." [1975-'76 2nd ex.s.
c 64 § 25.]
Severability—1975-'76 2nd ex.s. c 64: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-'76 2nd ex.s. c 64 § 26.]
Effective date—1969 ex.s. c 281: See note following RCW 46.88.010.
Severability—Effective dates—1967 ex.s. c 83: See RCW 47.26.900
and 47.26.910.
46.16.070
46.16.070 License fee on trucks, buses, and for hire
vehicles based on gross weight. (Effective if Initiative Measure No. 776 is upheld by pending court action.) (1) In lieu
of all other vehicle licensing fees, unless specifically exempt,
and in addition to the mileage fees prescribed for buses and
stages in RCW 46.16.125, there shall be paid and collected
annually for each truck, motor truck, truck tractor, road tractor, tractor, bus, auto stage, or for hire vehicle with seating
capacity of more than six, based upon the declared combined
gross weight or declared gross weight thereof pursuant to the
provisions of chapter 46.44 RCW, the following licensing
fees by such gross weight:
DECLARED GROSS WEIGHT
4,000 lbs.
6,000 lbs.
8,000 lbs.
10,000 lbs.
12,000 lbs.
14,000 lbs.
16,000 lbs.
18,000 lbs.
20,000 lbs.
22,000 lbs.
24,000 lbs.
26,000 lbs.
28,000 lbs.
30,000 lbs.
32,000 lbs.
34,000 lbs.
36,000 lbs.
38,000 lbs.
40,000 lbs.
42,000 lbs.
44,000 lbs.
46,000 lbs.
48,000 lbs.
...........
...........
...........
...........
...........
...........
...........
...........
...........
...........
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...........
...........
...........
...........
SCHEDULE A
SCHEDULE B
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
30.00 . . . . . . .
30.00 . . . . . . .
30.00 . . . . . . .
62.00 . . . . . . .
72.00 . . . . . . .
82.00 . . . . . . .
92.00 . . . . . . .
137.00 . . . . . . .
152.00 . . . . . . .
164.00 . . . . . . .
177.00 . . . . . . .
187.00 . . . . . . .
220.00 . . . . . . .
253.00 . . . . . . .
304.00 . . . . . . .
323.00 . . . . . . .
350.00 . . . . . . .
384.00 . . . . . . .
439.00 . . . . . . .
456.00 . . . . . . .
466.00 . . . . . . .
501.00 . . . . . . .
522.00 . . . . . . .
30.00
30.00
30.00
62.00
72.00
82.00
92.00
137.00
152.00
164.00
177.00
187.00
220.00
253.00
304.00
323.00
350.00
384.00
439.00
546.00
556.00
591.00
612.00
Vehicle Licenses
50,000 lbs.. . . . . . . . . . . .
52,000 lbs.. . . . . . . . . . . .
54,000 lbs.. . . . . . . . . . . .
56,000 lbs.. . . . . . . . . . . .
58,000 lbs.. . . . . . . . . . . .
60,000 lbs.. . . . . . . . . . . .
62,000 lbs.. . . . . . . . . . . .
64,000 lbs.. . . . . . . . . . . .
66,000 lbs.. . . . . . . . . . . .
68,000 lbs.. . . . . . . . . . . .
70,000 lbs.. . . . . . . . . . . .
72,000 lbs.. . . . . . . . . . . .
74,000 lbs.. . . . . . . . . . . .
76,000 lbs.. . . . . . . . . . . .
78,000 lbs.. . . . . . . . . . . .
80,000 lbs.. . . . . . . . . . . .
82,000 lbs.. . . . . . . . . . . .
84,000 lbs.. . . . . . . . . . . .
86,000 lbs.. . . . . . . . . . . .
88,000 lbs.. . . . . . . . . . . .
90,000 lbs.. . . . . . . . . . . .
92,000 lbs.. . . . . . . . . . . .
94,000 lbs.. . . . . . . . . . . .
96,000 lbs.. . . . . . . . . . . .
98,000 lbs.. . . . . . . . . . . .
100,000 lbs.. . . . . . . . . . . .
102,000 lbs.. . . . . . . . . . . .
104,000 lbs.. . . . . . . . . . . .
105,500 lbs.. . . . . . . . . . . .
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
566.00
595.00
642.00
677.00
704.00
750.00
804.00
822.00
915.00
954.00
1,027.00
1,098.00
1,193.00
1,289.00
1,407.00
1,518.00
1,623.00
1,728.00
1,833.00
1,938.00
2,043.00
2,148.00
2,253.00
2,358.00
2,463.00
2,568.00
2,673.00
2,778.00
2,883.00
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
656.00
685.00
732.00
767.00
794.00
840.00
894.00
912.00
1,005.00
1,044.00
1,117.00
1,188.00
1,283.00
1,379.00
1,497.00
1,608.00
1,713.00
1,818.00
1,923.00
2,028.00
2,133.00
2,238.00
2,343.00
2,448.00
2,553.00
2,658.00
2,763.00
2,868.00
2,973.00
Schedule A applies to vehicles either used exclusively
for hauling logs or that do not tow trailers. Schedule B applies
to vehicles that tow trailers and are not covered under Schedule A.
Every truck, motor truck, truck tractor, and tractor
exceeding 6,000 pounds empty scale weight registered under
chapter 46.16, 46.87, or 46.88 RCW shall be licensed for not
less than one hundred fifty percent of its empty weight unless
the amount would be in excess of the legal limits prescribed
for such a vehicle in RCW 46.44.041 or 46.44.042, in which
event the vehicle shall be licensed for the maximum weight
authorized for such a vehicle or unless the vehicle is used
only for the purpose of transporting any well drilling
machine, air compressor, rock crusher, conveyor, hoist, donkey engine, cook house, tool house, bunk house, or similar
machine or structure attached to or made a part of such vehicle.
The following provisions apply when increasing gross or
combined gross weight for a vehicle licensed under this section:
(a) The new license fee will be one-twelfth of the fee
listed above for the new gross weight, multiplied by the number of months remaining in the period for which licensing
fees have been paid, including the month in which the new
gross weight is effective.
(b) Upon surrender of the current certificate of registration or cab card, the new licensing fees due shall be reduced
by the amount of the licensing fees previously paid for the
same period for which new fees are being charged.
(2) The proceeds from the fees collected under subsection (1) of this section shall be distributed in accordance with
RCW 46.68.035. [2003 c 1 § 3 (Initiative Measure No. 776,
approved November 5, 2002); 1994 c 262 § 8; 1993 sp.s. c 23
§ 60. Prior: 1993 c 123 § 5; 1993 c 102 § 1; 1990 c 42 § 105;
1989 c 156 § 1; prior: 1987 1st ex.s. c 9 § 4; 1987 c 244 § 3;
1986 c 18 § 4; 1985 c 380 § 15; 1975-'76 2nd ex.s. c 64 § 1;
1969 ex.s. c 281 § 54; 1967 ex.s. c 118 § 1; 1967 ex.s. c 83 §
46.16.233
56; 1961 ex.s. c 7 § 11; 1961 c 12 § 46.16.070; prior: 1957 c
273 § 1; 1955 c 363 § 2; prior: 1951 c 269 § 9; 1950 ex.s. c
15 § 1, part; 1939 c 182 § 3, part; 1937 c 188 § 17, part; 1931
c 140 § 1, part; 1921 c 96 § 15, part; 1919 c 46 § 1, part; 1917
c 155 § 10, part; 1915 c 142 § 15, part; Rem. Supp. 1949 §
6312-17, part; RRS § 6326, part.]
Reviser's note: The constitutionality of Initiative Measure No. 776 is
being challenged in Pierce Co. v. State of Washington, King Co. Superior Ct.
No. 02-2-35125-5 SEA.
Construction—Intent—2003 c 1 (Initiative Measure No. 776): See
notes following RCW 46.16.0621.
Severability—Savings—2003 c 1 (Initiative Measure No. 776): See
note following RCW 81.104.160.
Effective date—1994 c 262 §§ 8, 28: "Sections 8 and 28 of this act take
effect July 1, 1994." [1994 c 262 § 29.]
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: "Chapter
102, Laws of 1993 and chapter 123, Laws of 1993 each take effect January
1, 1994." [1993 sp.s. c 23 § 66.]
Effective dates—1993 sp.s. c 23: See note following RCW 43.89.010.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Application—1989 c 156: "This act first applies to the renewal of vehicle registrations that have a December 1990 or later expiration date and all
initial vehicle registrations that are effective on or after January 1, 1990."
[1989 c 156 § 5.]
Severability—Effective date—1987 1st ex.s. c 9: See notes following
RCW 46.29.050.
Effective date—1986 c 18; 1985 c 380: See RCW 46.87.901.
Severability—1985 c 380: See RCW 46.87.900.
Effective dates—1975-'76 2nd ex.s. c 64: "Sections 1, 2, and 5 through
24 of this 1976 amendatory act shall take effect on July 1, 1976, and sections
3 and 4 of this 1976 amendatory act shall take effect on January 1, 1977. All
current and outstanding valid licenses and permits held by licensees on July
1, 1976, shall remain valid until their expiration dates, but renewals and original applications made after July 1, 1976, shall be governed by the law in
effect at the time such renewal or application is made." [1975-'76 2nd ex.s.
c 64 § 25.]
Severability—1975-'76 2nd ex.s. c 64: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-'76 2nd ex.s. c 64 § 26.]
Effective date—1969 ex.s. c 281: See note following RCW 46.88.010.
Severability—Effective dates—1967 ex.s. c 83: See RCW 47.26.900
and 47.26.910.
46.16.233
46.16.233 Standard background—Periodic replacement—Retention of current plate number. (1) Except for
those license plates issued under RCW 46.16.305(1) before
January 1, 1987, under RCW 46.16.305(3), and to commercial vehicles with a gross weight in excess of twenty-six thousand pounds, effective with vehicle registrations due or to
become due on January 1, 2001, the appearance of the background of all vehicle license plates may vary in color and
design but must be legible and clearly identifiable as a Washington state license plate, as designated by the department.
Additionally, to ensure maximum legibility and reflectivity,
the department shall periodically provide for the replacement
of license plates, except for commercial vehicles with a gross
weight in excess of twenty-six thousand pounds. Frequency
of replacement shall be established in accordance with empirical studies documenting the longevity of the reflective materials used to make license plates.
(2) Special license plate series approved by the special
license plate review board created under RCW 46.16.705 and
[2003 RCW Supp—page 617]
46.16.295
Title 46 RCW: Motor Vehicles
enacted by the legislature may display a symbol or artwork
approved by the special license plate review board.
(3) By November 1, 2003, in providing for the periodic
replacement of license plates, the department shall offer to
vehicle owners the option of retaining their current license
plate numbers. The department shall charge a retention fee of
twenty dollars if this option is exercised. Revenue generated
from the retention fee must be deposited into the multimodal
transportation account. [2003 c 361 § 501; 2003 c 196 § 401;
2000 c 37 § 1; 1997 c 291 § 2.]
Reviser's note: This section was amended by 2003 c 196 § 401 and by
2003 c 361 § 501, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.295
46.16.295 Returned plates—Reuse. The department
may, upon request, provide license plates that have been used
and subsequently returned to the department to individuals
for nonvehicular use. The department may charge a fee of up
to five dollars per plate to cover costs of recovery, postage,
and handling. The department may waive the fee for plates
used in educational projects, and may, by rule, provide standards for the fee waiver and restrictions on the number of
plates provided to any one person. [2003 c 359 § 1.]
46.16.314
46.16.314 Special license plates—Authority to continue. The department has the sole discretion, based upon the
number of sales to date, to determine whether or not to continue issuing license plates in a special series created before
January 1, 2003. [2003 c 196 § 501; 1997 c 291 § 9.]
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.381
46.16.381 Special parking for disabled persons—
Penalties—Enforcement. (1) The director shall grant special parking privileges to any person who has a disability that
limits or impairs the ability to walk and meets one of the following criteria, as determined by a licensed physician or an
advanced registered nurse practitioner licensed under chapter
18.79 RCW:
(a) Cannot walk two hundred feet without stopping to
rest;
(b) Is severely limited in ability to walk due to arthritic,
neurological, or orthopedic condition;
(c) Is so severely disabled, that the person cannot walk
without the use of or assistance from a brace, cane, another
person, prosthetic device, wheelchair, or other assistive
device;
(d) Uses portable oxygen;
(e) Is restricted by lung disease to such an extent that
forced expiratory respiratory volume, when measured by
spirometry is less than one liter per second or the arterial oxygen tension is less than sixty mm/hg on room air at rest;
(f) Impairment by cardiovascular disease or cardiac condition to the extent that the person's functional limitations are
[2003 RCW Supp—page 618]
classified as class III or IV under standards accepted by the
American Heart Association; or
(g) Has a disability resulting from an acute sensitivity to
automobile emissions which limits or impairs the ability to
walk. The personal physician or advanced registered nurse
practitioner of the applicant shall document that the disability
is comparable in severity to the others listed in this subsection.
(2) The applications for disabled parking permits and
temporary disabled parking permits are official state documents. Knowingly providing false information in conjunction with the application is a gross misdemeanor punishable
under chapter 9A.20 RCW. The following statement must
appear on each application form immediately below the physician's or advanced registered nurse practitioner's signature
and immediately below the applicant's signature: "A disabled parking permit may be issued only for a medical necessity that severely affects mobility (RCW 46.16.381). Knowingly providing false information on this application is a
gross misdemeanor. The penalty is up to one year in jail and
a fine of up to $5,000 or both."
(3) Persons who qualify for special parking privileges
are entitled to receive from the department of licensing a
removable windshield placard bearing the international symbol of access and an individual serial number, along with a
special identification card bearing the name and date of birth
of the person to whom the placard is issued, and the placard's
serial number. The special identification card shall be issued
no later than January 1, 2000, to all persons who are issued
parking placards, including those issued for temporary disabilities, and special disabled parking license plates. The
department shall design the placard to be displayed when the
vehicle is parked by suspending it from the rearview mirror,
or in the absence of a rearview mirror the card may be displayed on the dashboard of any vehicle used to transport the
disabled person. Instead of regular motor vehicle license
plates, disabled persons are entitled to receive special license
plates bearing the international symbol of access for one
vehicle registered in the disabled person's name. Disabled
persons who are not issued the special license plates are entitled to receive a second special placard upon submitting a
written request to the department. Persons who have been
issued the parking privileges and who are using a vehicle or
are riding in a vehicle displaying the special license plates or
placard may park in places reserved for mobility disabled
persons. The director shall adopt rules providing for the issuance of special placards and license plates to public transportation authorities, nursing homes licensed under chapter
18.51 RCW, boarding homes licensed under chapter 18.20
RCW, senior citizen centers, private nonprofit agencies as
defined in chapter 24.03 RCW, and vehicles registered with
the department as cabulances that regularly transport disabled
persons who have been determined eligible for special parking privileges provided under this section. The director may
issue special license plates for a vehicle registered in the
name of the public transportation authority, nursing home,
boarding homes, senior citizen center, private nonprofit
agency, or cabulance service if the vehicle is primarily used
to transport persons with disabilities described in this section.
Public transportation authorities, nursing homes, boarding
homes, senior citizen centers, private nonprofit agencies, and
Vehicle Licenses
cabulance services are responsible for insuring that the special placards and license plates are not used improperly and
are responsible for all fines and penalties for improper use.
(4) Whenever the disabled person transfers or assigns his
or her interest in the vehicle, the special license plates shall be
removed from the motor vehicle. If another vehicle is
acquired by the disabled person and the vehicle owner qualifies for a special plate, the plate shall be attached to the vehicle, and the director shall be immediately notified of the
transfer of the plate. If another vehicle is not acquired by the
disabled person, the removed plate shall be immediately surrendered to the director.
(5) The special license plate shall be renewed in the same
manner and at the time required for the renewal of regular
motor vehicle license plates under this chapter. No special
license plate may be issued to a person who is temporarily
disabled. A person who has a condition expected to improve
within six months may be issued a temporary placard for a
period not to exceed six months. If the condition exists after
six months a new temporary placard shall be issued upon
receipt of a new certification from the disabled person's physician. The permanent parking placard and identification
card of a disabled person shall be renewed at least every five
years, as required by the director, by satisfactory proof of the
right to continued use of the privileges. In the event of the
permit holder's death, the parking placard and identification
card must be immediately surrendered to the department.
The department shall match and purge its disabled permit
data base with available death record information at least
every twelve months.
(6) Each person who has been issued a permanent disabled parking permit on or before July 1, 1998, must renew
the permit no later than July 1, 2003, subject to a schedule to
be set by the department, or the permit will expire.
(7) Additional fees shall not be charged for the issuance
of the special placards or the identification cards. No additional fee may be charged for the issuance of the special
license plates except the regular motor vehicle registration
fee and any other fees and taxes required to be paid upon registration of a motor vehicle.
(8) Any unauthorized use of the special placard, special
license plate, or identification card is a traffic infraction with
a monetary penalty of two hundred fifty dollars.
(9) It is a parking infraction, with a monetary penalty of
two hundred fifty dollars for a person to make inaccessible
the access aisle located next to a space reserved for physically
disabled persons. The clerk of the court shall report all violations related to this subsection to the department.
(10) It is a parking infraction, with a monetary penalty of
two hundred fifty dollars for any person to park a vehicle in a
parking place provided on private property without charge or
on public property reserved for physically disabled persons
without a special license plate or placard. If a person is
charged with a violation, the person shall not be determined
to have committed an infraction if the person produces in
court or before the court appearance the special license plate
or placard required under this section. A local jurisdiction
providing nonmetered, on-street parking places reserved for
physically disabled persons may impose by ordinance time
restrictions of no less than four hours on the use of these parking places. A local jurisdiction may impose by ordinance
46.16.381
time restrictions of no less than four hours on the use of nonreserved, on-street parking spaces by vehicles displaying the
special parking placards. All time restrictions must be clearly
posted.
(11) The penalties imposed under subsections (9) and
(10) of this section shall be used by that local jurisdiction
exclusively for law enforcement. The court may also impose
an additional penalty sufficient to reimburse the local jurisdiction for any costs it may have incurred in removal and
storage of the improperly parked vehicle.
(12) Except as provided by subsection (2) of this section,
it is a traffic infraction with a monetary penalty of two hundred fifty dollars for any person willfully to obtain a special
license plate, placard, or identification card in a manner other
than that established under this section.
(13)(a) A law enforcement agency authorized to enforce
parking laws may appoint volunteers, with a limited commission, to issue notices of infractions for violations of this section or RCW 46.61.581. Volunteers must be at least twentyone years of age. The law enforcement agency appointing
volunteers may establish any other qualifications the agency
deems desirable.
(b) An agency appointing volunteers under this section
must provide training to the volunteers before authorizing
them to issue notices of infractions.
(c) A notice of infraction issued by a volunteer appointed
under this subsection has the same force and effect as a notice
of infraction issued by a police officer for the same offense.
(d) A police officer or a volunteer may request a person
to show the person's identification card or special parking
placard when investigating the possibility of a violation of
this section. If the request is refused, the person in charge of
the vehicle may be issued a notice of infraction for a violation
of this section.
(14) For second or subsequent violations of this section,
in addition to a monetary fine, the violator must complete a
minimum of forty hours of:
(a) Community restitution for a nonprofit organization
that serves the disabled community or persons having disabling diseases; or
(b) Any other community restitution that may sensitize
the violator to the needs and obstacles faced by persons who
have disabilities.
(15) The court may not suspend more than one-half of
any fine imposed under subsection (8), (9), (10), or (12) of
this section. [2003 c 371 § 1; 2002 c 175 § 33; 2001 c 67 § 1;
1999 c 136 § 1; 1998 c 294 § 1; 1995 c 384 § 1; 1994 c 194 §
6; 1993 c 106 § 1; 1992 c 148 § 1; 1991 c 339 § 21; 1990 c 24
§ 1; 1986 c 96 § 1; 1984 c 154 § 2.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Intent—1984 c 154: "The legislature intends to extend special parking
privileges to persons with disabilities that substantially impair mobility."
[1984 c 154 § 1.]
Application—1984 c 154: "This act applies to special license plates,
cards, or decals issued after June 7, 1984. Nothing in this act invalidates special license plates, cards, or decals issued before June 7, 1984." [1984 c 154
§ 9.]
Severability—1984 c 154: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 154 § 10.]
Accessible parking spaces required: RCW 70.92.140.
[2003 RCW Supp—page 619]
46.16.685
Title 46 RCW: Motor Vehicles
46.16.685
46.16.685 License plate technology account. The
license plate technology account is created in the state treasury. All receipts collected under RCW 46.01.140(4)(e)(ii)
must be deposited into this account. Expenditures from this
account must support current and future license plate technology and systems integration upgrades for both the department
and correctional industries. Moneys in the account may be
spent only after appropriation. Additionally, the moneys in
this account may be used to reimburse the motor vehicle
account for any appropriation made to implement the digital
license plate system. [2003 c 370 § 4.]
(3) Members shall serve terms of four years, except that
four of the members initially appointed will be appointed for
terms of two years. No member may be appointed for more
than three consecutive terms.
(4) The legislative transportation committee may remove
members from the board before the expiration of their terms
only for cause based upon a determination of incapacity,
incompetence, neglect of duty, or malfeasance in office as
ordered by the Thurston county superior court, upon petition
and show cause proceedings brought for that purpose in that
court and directed to the board member in question. [2003 c
196 § 101.]
46.16.690
46.16.690 License plate design services—Fee. The
department shall offer license plate design services to organizations that are sponsoring a new special license plate series
or are seeking to redesign the appearance of an existing special license plate series that they sponsored. In providing this
service, the department must work with the requesting organization in determining the specific qualities of the new plate
design and must provide full design services to the organization. The department shall collect from the requesting organization a fee of one thousand five hundred dollars for providing license plate design services. This fee includes one
original license plate design and up to five additional renditions of the original design. If the organization requests the
department to provide further renditions, in addition to the
five renditions provided for under the original fee, the department shall collect an additional fee of five hundred dollars
per rendition. All revenue collected under this section must
be deposited into the multimodal transportation account.
[2003 c 361 § 502.]
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
46.16.700
46.16.700 Special license plates—Intent. The legislature has seen an increase in the demand from constituent
groups seeking recognition and funding through the establishment of commemorative or special license plates. The
high cost of implementing a new special license plate series
coupled with the uncertainty of the state's ability to recoup its
costs, has led the legislature to delay the implementation of
new special license plates. In order to address these issues, it
is the intent of the legislature to create a mechanism that will
allow for the evaluation of special license plate requests and
establish a funding policy that will alleviate the financial burden currently placed on the state. Using these two strategies,
the legislature will be better equipped to efficiently process
special license plate legislation. [2003 c 196 § 1.]
Part headings not law—2003 c 196: "Part headings used in this act are
not part of the law." [2003 c 196 § 601.]
46.16.705
46.16.705 Special license plate review board—Created. (1) The special license plate review board is created.
(2) The board will consist of seven members: One member appointed by the governor and who will serve as chair of
the board; four members of the legislature, one from each
caucus of the house of representatives and the senate; a
department of licensing representative appointed by the
director; and a Washington state patrol representative
appointed by the chief.
[2003 RCW Supp—page 620]
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.715
46.16.715 Board—Administration. (1) The board
shall meet periodically at the call of the chair, but must meet
at least one time each year within ninety days before an
upcoming regular session of the legislature. The board may
adopt its own rules and may establish its own procedures. It
shall act collectively in harmony with recorded resolutions or
motions adopted by a majority vote of the members, and it
must have a quorum present to take a vote on a special license
plate application.
(2) The board will be compensated from the general
appropriation for the legislative transportation committee in
accordance with RCW 43.03.250. Each board member will
be compensated in accordance with RCW 43.03.250 and
reimbursed for actual necessary traveling and other expenses
in going to, attending, and returning from meetings of the
board or that are incurred in the discharge of duties requested
by the chair. However, in no event may a board member be
compensated in any year for more than one hundred twenty
days, except the chair may be compensated for not more than
one hundred fifty days. Service on the board does not qualify
as a service credit for the purposes of a public retirement system.
(3) The board shall keep proper records and is subject to
audit by the state auditor or other auditing entities.
(4) The department of licensing shall provide administrative support to the board, which must include at least the
following:
(a) Provide general staffing to meet the administrative
needs of the board;
(b) Report to the board on the reimbursement status of
any new special license plate series for which the state had to
pay the start-up costs;
(c) Process special license plate applications and confirm
that the sponsoring organization has submitted all required
documentation. If an incomplete application is received, the
department must return it to the sponsoring organization;
(d) Compile the annual financial reports submitted by
sponsoring organizations with active special license plate
series and present those reports to the board for review and
approval.
(5) The legislative transportation committee shall provide general oversight of the board, which must include at
least the following:
(a) Process and approve board member compensation
requests;
Vehicle Licenses
(b) Review the annual financial reports submitted to the
board by sponsoring organizations;
(c) Review annually the list of the board's approved and
rejected special license plate proposals submitted by sponsoring organizations. [2003 c 196 § 102.]
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.725
46.16.725 Board—Powers and duties. (1) The creation of the board does not in any way preclude the authority
of the legislature to independently propose and enact special
license plate legislation.
(2) The board must review and either approve or reject
special license plate applications submitted by sponsoring
organizations.
(3) Duties of the board include but are not limited to the
following:
(a) Review and approve the annual financial reports submitted by sponsoring organizations with active special
license plate series and present those annual financial reports
to the legislative transportation committee;
(b) Report annually to the legislative transportation committee on the special license plate applications that were considered by the board;
(c) Issue approval and rejection notification letters to
sponsoring organizations, the department, the chairs of the
senate and house of representatives transportation committees, and the legislative sponsors identified in each application. The letters must be issued within seven days of making
a determination on the status of an application;
(d) Review annually the number of plates sold for each
special license plate series created after January 1, 2003. The
board may submit a recommendation to discontinue a special
plate series to the chairs of the senate and house of representatives transportation committees. [2003 c 196 § 103.]
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.735
46.16.735 Special license plates—Sponsoring organization requirements. (1) For an organization to qualify for
a special license plate under the special license plate approval
program created in RCW 46.16.705 through 46.16.765, the
sponsoring organization must submit documentation in conjunction with the application to the department that verifies:
(a) That the organization is a nonprofit organization, as
defined in 26 U.S.C. Sec. 501(c)(3). The department may
request a copy of an Internal Revenue Service ruling to verify
an organization's nonprofit status; and
(b) That the organization is located in Washington and
has registered as a charitable organization with the secretary
of state's office as required by law.
(2) For a governmental body to qualify for a special
license plate under the special license plate approval program
created in RCW 46.16.705 through 46.16.765, a governmental body must be:
(a) A political subdivision, including but not limited to
any county, city, town, municipal corporation, or special purpose taxing district that has the express permission of the
political subdivision's executive body to sponsor a special
license plate;
46.16.745
(b) A federally recognized tribal government that has
received the approval of the executive body of that government to sponsor a special license plate;
(c) A state agency that has both received approval from
the director of the agency or the department head, and has the
express statutory authority to sponsor a special license plate;
or
(d) A community or technical college that has the
express permission of the college's board of trustees to sponsor a special license plate. [2003 c 196 § 201.]
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.745
46.16.745 Special license plates—Sponsor application requirements. (1) A sponsoring organization meeting
the requirements of RCW 46.16.735, applying for the creation of a special license plate to the special license plate
review board must, on an application supplied by the department, provide the minimum application requirements in subsection (2) of this section. If the sponsoring organization
cannot meet the payment requirements of subsection (2) of
this section, then the organization must meet the requirements of subsection (3) of this section.
(2) The sponsoring organization shall:
(a) Submit prepayment of all start-up costs associated
with the creation and implementation of the special license
plate in an amount determined by the department. The
department shall place this money into the special license
p la te a p p l ica n t tr u s t a c c o u n t c r e a ted u n d e r RC W
46.16.755(3);
(b) Provide a proposed license plate design;
(c) Provide a marketing strategy outlining short and
long-term marketing plans for the special license plate and a
financial analysis outlining the anticipated revenue and the
planned expenditures of the revenues derived from the sale of
the special license plate;
(d) Provide a signature of a legislative sponsor and proposed legislation creating the special license plate; and
(e) Provide proof of organizational qualifications as
determined by the department as provided for in RCW
46.16.735.
(3) If the sponsoring organization is not able to meet the
payment requirements of subsection (2)(a) of this section and
can demonstrate this fact to the satisfaction of the department, the sponsoring organization shall:
(a) Submit an application and nonrefundable fee of two
thousand dollars, for deposit in the motor vehicle account, to
the department;
(b) Provide signature sheets that include signatures from
individuals who intend to purchase the special license plate
and the number of plates each individual intends to purchase.
The sheets must reflect a minimum of two thousand intended
purchases of the special license plate;
(c) Provide a proposed license plate design;
(d) Provide a marketing strategy outlining short and
long-term marketing plans for the special license plate and a
financial analysis outlining the anticipated revenue and the
planned expenditures of the revenues derived from the sale of
the special license plate;
(e) Provide a signature of a legislative sponsor and proposed legislation creating the special license plate; and
[2003 RCW Supp—page 621]
46.16.755
Title 46 RCW: Motor Vehicles
46.16.765
(f) Provide proof of organizational qualifications as
determined by the department as provided in RCW
46.16.735.
(4) After an application is approved by the special
license plate review board, the application need not be
reviewed again by the board for a period of three years.
[2003 c 196 § 301.]
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.765 Special license plates—Continuing
requirements. (1) Within thirty days of legislative enactment of a new special license plate series for a qualifying
organization meeting the requirements of RCW
46.16.735(1), the department shall enter into a written agreement with the organization that sponsored the special license
plate. The agreement must identify the services to be performed by the sponsoring organization. The agreement must
be consistent with all applicable state law and include the following provision:
46.16.755
46.16.755 Special license plates—Disposition of revenues. (1)(a) Revenues generated from the sale of special
license plates for those sponsoring organizations who used
the application process in RCW 46.16.745(3) must be deposited into the motor vehicle account until the department
determines that the state's implementation costs have been
fully reimbursed. The department shall apply the application
fee required under RCW 46.16.745(3)(a) towards those costs.
(b) When it is determined that the state has been fully
reimbursed the department must notify the house of representatives and senate transportation committees, the sponsoring
organization, and the treasurer, and commence the distribution of the revenue as otherwise provided by law.
(2) If reimbursement does not occur within the two-year
time frame, the special license plate series must be placed in
probationary status for a period of one year from that date. If
the state is still not fully reimbursed for its implementation
costs after the one-year probation, the plate series must be
discontinued immediately. Special plates issued before discontinuation are valid until replaced under RCW 46.16.233.
The state must be reimbursed for its portion of the implementation costs within two years from the date the new plate
series goes on sale to the public.
(3) The special license plate applicant trust account is
created in the custody of the state treasurer. All receipts from
special license plate applicants, except the application fee as
provided in RCW 46.16.745(3), must be deposited into the
account. Only the director of the department or the director's
designee may authorize disbursements from the account. The
account is not subject to the allotment procedures under
chapter 43.88 RCW, nor is an appropriation required for disbursements.
(4) The department shall provide the special license plate
applicant with a written receipt for the payment.
(5) The department shall maintain a record of each special license plate applicant trust account deposit, including,
but not limited to, the name and address of each special
license plate applicant whose funds are being deposited, the
amount paid, and the date of the deposit.
(6) After the department receives written notice that the
special license plate applicant's application has been:
(a) Approved by the legislature the director shall request
that the money be transferred to the motor vehicle account;
(b) Denied by the special license plate review board or
the legislature the director shall provide a refund to the applicant within thirty days; or
(c) Withdrawn by the special license plate applicant the
director shall provide a refund to the applicant within thirty
days. [2003 c 196 § 302.]
Part headings not law—2003 c 196: See note following RCW
46.16.700.
[2003 RCW Supp—page 622]
"No portion of any funds disbursed under the agreement
may be used, directly or indirectly, for any of the following
purposes:
(a) Attempting to influence: (i) The passage or defeat of
legislation by the legislature of the state of Washington, by a
county, city, town, or other political subdivision of the state
of Washington, or by the Congress; or (ii) the adoption or
rejection of a rule, standard, rate, or other legislative enactment of a state agency;
(b) Making contributions reportable under chapter 42.17
RCW; or
(c) Providing a: (i) Gift; (ii) honoraria; or (iii) travel,
lodging, meals, or entertainment to a public officer or
employee."
(2) The sponsoring organization must submit an annual
financial report by September 30th of each year to the department detailing actual revenues and expenditures of the revenues received from sales of the special license plate. Consistent with the agreement under subsection (1) of this section,
the sponsoring organization must expend the revenues generated from the sale of the special license plate series for the
benefit of the public, and it must be spent within this state.
Disbursement of the revenue generated from the sale of the
special license plate to the sponsoring organization is contingent upon the organization meeting all reporting and review
requirements as required by the department.
(3) If the sponsoring organization ceases to exist or the
purpose of the special license plate series ceases to exist, revenues generated from the sale of the special license plates
must be deposited into the motor vehicle account.
(4) A sponsoring organization may not seek to redesign
its plate series until all of the inventory is sold or purchased
by the organization itself. All cost for redesign of a plate
series must be paid by the sponsoring organization. [2003 c
196 § 303.]
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.775
46.16.775 Special license plates—Nonreviewed
plates. (1) A special license plate series created by the legislature after January 1, 2004, that has not been reviewed and
approved by the special license plate review board is subject
to the following requirements:
(a) The organization sponsoring the license plate series
shall, within thirty days of enactment of the legislation creating the plate series, submit prepayment of all start-up costs
associated with the creation and implementation of the special license plate in an amount determined by the department.
The prepayment will be credited to the motor vehicle fund.
Drivers' Licenses—Identicards
The creation and implementation of the plate series may not
commence until payment is received by the department.
(b) If the sponsoring organization is not able to meet the
prepayment requirements in (a) of this subsection and can
demonstrate this fact to the satisfaction of the department, the
revenues generated from the sale of the special license plates
must be deposited in the motor vehicle account until the
department determines that the state's portion of the implementation costs have been fully reimbursed. When it is
determined that the state has been fully reimbursed the
department must notify the treasurer to commence distribution of the revenue according to statutory provisions.
(c) The sponsoring organization must provide a proposed license plate design to the department within thirty
days of enactment of the legislation creating the plate series.
(2) The state must be reimbursed for its portion of the
implementation costs within two years from the date the new
plate series goes on sale to the public. If the reimbursement
does not occur within the two-year time frame, the special
license plate series must be placed in probationary status for
a period of one year from that date. If the state is still not
fully reimbursed for its implementation costs after the oneyear probation, the plate series must be discontinued immediately. Those plates issued before discontinuation are valid
until replaced under RCW 46.16.233.
(3) If the sponsoring organization ceases to exist or the
purpose of the special plate series ceases to exist, revenues
generated from the sale of the special license plates must be
deposited into the motor vehicle account.
(4) A sponsoring organization may not seek to redesign
their plate series until all of the existing inventory is sold or
purchased by the organization itself. All cost for redesign of
a plate series must be paid by the sponsoring organization.
[2003 c 196 § 304.]
Part headings not law—2003 c 196: See note following RCW
46.16.700.
Chapter 46.20
Chapter 46.20 RCW
DRIVERS' LICENSES—IDENTICARDS
Sections
46.20.0921
46.20.1131
46.20.265
46.20.311
46.20.500
46.20.500
46.20.505
46.20.515
46.20.720
46.20.0921
46.20.265
(c) To display or represent as one's own any driver's
license or identicard not issued to him or her;
(d) Willfully to fail or refuse to surrender to the department upon its lawful demand any driver's license or identicard which has been suspended, revoked or canceled;
(e) To use a false or fictitious name in any application for
a driver's license or identicard or to knowingly make a false
statement or to knowingly conceal a material fact or otherwise commit a fraud in any such application;
(f) To permit any unlawful use of a driver's license or
identicard issued to him or her.
(2) It is a class C felony for any person to sell or deliver
a stolen driver's license or identicard.
(3) It is unlawful for any person to manufacture, sell, or
deliver a forged, fictitious, counterfeit, fraudulently altered,
or unlawfully issued driver's license or identicard, or to manufacture, sell, or deliver a blank driver's license or identicard
except under the direction of the department. A violation of
this subsection is:
(a) A class C felony if committed (i) for financial gain or
(ii) with intent to commit forgery, theft, or identity theft; or
(b) A gross misdemeanor if the conduct does not violate
(a) of this subsection.
(4) Notwithstanding subsection (3) of this section, it is a
misdemeanor for any person under the age of twenty-one to
manufacture or deliver fewer than four forged, fictitious,
counterfeit, or fraudulently altered driver's licenses or identicards for the sole purpose of misrepresenting a person's age.
(5) In a proceeding under subsection (2), (3), or (4) of
this section that is related to an identity theft under RCW
9.35.020, the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in
which any part of the offense took place, regardless of
whether the defendant was ever actually in that locality.
[2003 c 214 § 1; 1990 c 210 § 3; 1981 c 92 § 1; 1965 ex.s. c
121 § 41. Formerly RCW 46.20.336.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
46.20.1131
Violations—Penalty.
Information for organ donor registry.
Juvenile driving privileges—Revocation for alcohol or drug
violations.
Duration of license sanctions—Reissuance or renewal.
Special endorsement—Exceptions. (Effective until January 1,
2004.)
Special endorsement—Exceptions. (Effective January 1,
2004.)
Endorsement fees, amount and distribution. (Effective January 1, 2004.)
Examination—Emphasis—Waiver. (Effective January 1,
2004.)
Drivers convicted of alcohol offenses.
46.20.0921 Violations—Penalty. (1) It is a misdemeanor for any person:
(a) To display or cause or permit to be displayed or have
in his or her possession any fictitious or fraudulently altered
driver's license or identicard;
(b) To lend his or her driver's license or identicard to any
other person or knowingly permit the use thereof by another;
46.20.1131 Information for organ donor registry.
The department shall electronically transfer the information
of all persons who upon application for a driver's license or
identicard volunteer to donate organs or tissue to a registry
created in RCW 68.50.635, and any subsequent changes to
the applicant's donor status when the applicant renews a
driver's license or identicard or applies for a new driver's
license or identicard. [2003 c 94 § 5.]
Findings—2003 c 94: See note following RCW 68.50.530.
46.20.265
46.20.265 Juvenile driving privileges—Revocation
for alcohol or drug violations. (1) In addition to any other
authority to revoke driving privileges under this chapter, the
department shall revoke all driving privileges of a juvenile
when the department receives notice from a court pursuant to
RCW 9.41.040(5), 13.40.265, 66.44.365, 69.41.065,
69.50.420, 69.52.070, or a substantially similar municipal
ordinance adopted by a local legislative authority, or from a
diversion unit pursuant to RCW 13.40.265. The revocation
shall be imposed without hearing.
[2003 RCW Supp—page 623]
46.20.311
Title 46 RCW: Motor Vehicles
(2) The driving privileges of the juvenile revoked under
subsection (1) of this section shall be revoked in the following manner:
(a) Upon receipt of the first notice, the department shall
impose a revocation for one year, or until the juvenile reaches
seventeen years of age, whichever is longer.
(b) Upon receipt of a second or subsequent notice, the
department shall impose a revocation for two years or until
the juvenile reaches eighteen years of age, whichever is
longer.
(c) Each offense for which the department receives
notice shall result in a separate period of revocation. All periods of revocation imposed under this section that could otherwise overlap shall run consecutively up to the juvenile's
twenty-first birthday, and no period of revocation imposed
under this section shall begin before the expiration of all
other periods of revocation imposed under this section or
other law. Periods of revocation imposed consecutively
under this section shall not extend beyond the juvenile's
twenty-first birthday.
(3)(a) If the department receives notice from a court that
the juvenile's privilege to drive should be reinstated, the
department shall immediately reinstate any driving privileges
that have been revoked under this section if the minimum
term of revocation as specified in RCW 13.40.265(1)(c),
66.44.365(3), 69.41.065(3), 69.50.420(3), 69.52.070(3), or
similar ordinance has expired, and subject to subsection
(2)(c) of this section.
(b) The juvenile may seek reinstatement of his or her
driving privileges from the department when the juvenile
reaches the age of twenty-one. A notice from the court reinstating the juvenile's driving privilege shall not be required if
reinstatement is pursuant to this subsection.
(4)(a) If the department receives notice pursuant to RCW
13.40.265(2)(b) from a diversion unit that a juvenile has
completed a diversion agreement for which the juvenile's
driving privileges were revoked, the department shall reinstate any driving privileges revoked under this section as provided in (b) of this subsection, subject to subsection (2)(c) of
this section.
(b) If the diversion agreement was for the juvenile's first
violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the
department shall not reinstate the juvenile's privilege to drive
until the later of ninety days after the date the juvenile turns
sixteen or ninety days after the juvenile entered into a diversion agreement for the offense. If the diversion agreement
was for the juvenile's second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall
not reinstate the juvenile's privilege to drive until the later of
the date the juvenile turns seventeen or one year after the
juvenile entered into the second or subsequent diversion
agreement. [2003 c 20 § 1; 1998 c 41 § 2; 1994 sp.s. c 7 §
439; 1991 c 260 § 1; 1989 c 271 § 117; 1988 c 148 § 7.]
Intent—Construction—1998 c 41: "It is the intent and purpose of this
act to clarify procedural issues and make technical corrections to statutes
relating to drivers' licenses. This act should not be construed as changing
existing public policy." [1998 c 41 § 1.]
Effective date—1998 c 41: "This act takes effect July 1, 1998." [1998
c 41 § 15.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
[2003 RCW Supp—page 624]
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010.
Severability—1989 c 271: See note following RCW 9.94A.510.
Legislative finding—Severability—1988 c 148: See notes following
RCW 13.40.265.
46.20.311
46.20.311 Duration of license sanctions—Reissuance
or renewal. (1)(a) The department shall not suspend a
driver's license or privilege to drive a motor vehicle on the
public highways for a fixed period of more than one year,
except as specifically permitted under RCW 46.20.267,
46.20.342, or other provision of law. Except for a suspension
under RCW 46.20.267, 46.20.289, 46.20.291(5), 46.61.740,
or 74.20A.320, whenever the license or driving privilege of
any person is suspended by reason of a conviction, a finding
that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308,
the suspension shall remain in effect until the person gives
and thereafter maintains proof of financial responsibility for
the future as provided in chapter 46.29 RCW. If the suspension is the result of a violation of RCW 46.61.502 or
46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the
alcoholism agency or probation department designated under
RCW 46.61.5056 and shall deny reinstatement until enrollment and participation in an approved program has been
established and the person is otherwise qualified. If the suspension is the result of a violation of RCW 46.61.502 or
46.61.504, and the person is required pursuant to RCW
46.20.720 to drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical
device, the department shall determine the person's eligibility
for licensing based upon written verification by a company
doing business in the state that it has installed the required
device on a vehicle owned and/or operated by the person
seeking reinstatement. Whenever the license or driving privilege of any person is suspended as a result of certification of
noncompliance with a child support order under chapter
74.20A RCW or a residential or visitation order, the suspension shall remain in effect until the person provides a release
issued by the department of social and health services stating
that the person is in compliance with the order.
(b)(i) The department shall not issue to the person a new,
duplicate, or renewal license until the person pays a reissue
fee of twenty dollars.
(ii) If the suspension is the result of a violation of RCW
46.61.502 or 46.61.504, or is the result of administrative
action under RCW 46.20.308, the reissue fee shall be one
hundred fifty dollars.
(2)(a) Any person whose license or privilege to drive a
motor vehicle on the public highways has been revoked,
unless the revocation was for a cause which has been
removed, is not entitled to have the license or privilege
renewed or restored until: (i) After the expiration of one year
from the date the license or privilege to drive was revoked;
(ii) after the expiration of the applicable revocation period
provided by RCW 46.20.3101 or 46.61.5055; (iii) after the
expiration of two years for persons convicted of vehicular
homicide; or (iv) after the expiration of the applicable revocation period provided by RCW 46.20.265.
Drivers' Licenses—Identicards
(b)(i) After the expiration of the appropriate period, the
person may make application for a new license as provided
by law together with a reissue fee in the amount of twenty
dollars.
(ii) If the revocation is the result of a violation of RCW
46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be
one hundred fifty dollars. If the revocation is the result of a
violation of RCW 46.61.502 or 46.61.504, the department
shall determine the person's eligibility for licensing based
upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall
deny reissuance of a license, permit, or privilege to drive until
enrollment and participation in an approved program has
been established and the person is otherwise qualified. If the
revocation is the result of a violation of RCW 46.61.502 or
46.61.504, and the person is required pursuant to RCW
46.20.720 to drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical
device, the department shall determine the person's eligibility
for licensing based upon written verification by a company
doing business in the state that it has installed the required
device on a vehicle owned and/or operated by the person
applying for a new license.
(c) Except for a revocation under RCW 46.20.265, the
department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person
that it will be safe to grant the privilege of driving a motor
vehicle on the public highways, and until the person gives
and thereafter maintains proof of financial responsibility for
the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a
new license unless it is satisfied after investigation of the
driving ability of the person that it will be safe to grant that
person the privilege of driving a motor vehicle on the public
highways.
(3)(a) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators
compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5),
the department shall not issue to the person any new or
renewal license until the person pays a reissue fee of twenty
dollars.
(b) If the suspension is the result of a violation of the
laws of this or any other state, province, or other jurisdiction
involving (i) the operation or physical control of a motor
vehicle upon the public highways while under the influence
of intoxicating liquor or drugs, or (ii) the refusal to submit to
a chemical test of the driver's blood alcohol content, the reissue fee shall be one hundred fifty dollars. [2003 c 366 § 2;
2001 c 325 § 2; 2000 c 115 § 7; 1998 c 212 § 1; 1997 c 58 §
807; 1995 c 332 § 11; 1994 c 275 § 27; 1993 c 501 § 5; 1990
c 250 § 45; 1988 c 148 § 9. Prior: 1985 c 407 § 4; 1985 c 211
§ 1; 1984 c 258 § 325; 1983 c 165 § 18; 1983 c 165 § 17; 1982
c 212 § 5; 1981 c 91 § 1; 1979 ex.s. c 136 § 60; 1973 1st ex.s.
c 36 § 1; 1969 c 1 § 2 (Initiative Measure No. 242, approved
November 5, 1968); 1967 c 167 § 5; 1965 ex.s. c 121 § 27.]
Sunset Act application: See note following RCW 46.20.075.
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
46.20.500
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Severability—1990 c 250: See note following RCW 46.16.301.
Legislative finding—Severability—1988 c 148: See notes following
RCW 13.40.265.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability, implied consent law—1969 c 1: See RCW 46.20.911.
46.20.500
46.20.500 Special endorsement—Exceptions. (Effective until January 1, 2004.) (1) No person may drive a
motorcycle or a motor-driven cycle unless such person has a
valid driver's license specially endorsed by the director to
enable the holder to drive such vehicles.
(2) However, a person sixteen years of age or older,
holding a valid driver's license of any class issued by the state
of the person's residence, may operate a moped without taking any special examination for the operation of a moped.
(3) No driver's license is required for operation of an
electric-assisted bicycle if the operator is at least sixteen
years of age. Persons under sixteen years of age may not
operate an electric-assisted bicycle.
(4) No driver's license is required to operate an electric
personal assistive mobility device or a power wheelchair.
(5) No driver's license is required to operate a motorized
foot scooter. Motorized foot scooters may not be operated at
any time from a half hour after sunset to a half hour before
sunrise without reflectors of a type approved by the state
patrol. [2003 c 353 § 9; 2003 c 141 § 7; 2002 c 247 § 6; 1999
c 274 § 8; 1997 c 328 § 3; 1982 c 77 § 1; 1979 ex.s. c 213 §
6; 1967 c 232 § 1.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Reviser's note: This section was amended by 2003 c 141 § 7 and by
2003 c 353 § 9, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 353: See note following RCW 46.04.320.
Legislative review—2002 c 247: See note following RCW 46.04.1695.
Severability—1982 c 77: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1982 c 77 § 10.]
Mopeds
operation and safety standards: RCW 46.61.710, 46.61.720.
registration: RCW 46.16.630.
46.20.500
46.20.500 Special endorsement—Exceptions. (Effective January 1, 2004.) (1) No person may drive either a twowheeled or a three-wheeled motorcycle, or a motor-driven
cycle unless such person has a valid driver's license specially
[2003 RCW Supp—page 625]
46.20.505
Title 46 RCW: Motor Vehicles
endorsed by the director to enable the holder to drive such
vehicles.
(2) However, a person sixteen years of age or older,
holding a valid driver's license of any class issued by the state
of the person's residence, may operate a moped without taking any special examination for the operation of a moped.
(3) No driver's license is required for operation of an
electric-assisted bicycle if the operator is at least sixteen
years of age. Persons under sixteen years of age may not
operate an electric-assisted bicycle.
(4) No driver's license is required to operate an electric
personal assistive mobility device or a power wheelchair.
(5) No driver's license is required to operate a motorized
foot scooter. Motorized foot scooters may not be operated at
any time from a half hour after sunset to a half hour before
sunrise without reflectors of a type approved by the state
patrol. [2003 c 353 § 9; 2003 c 141 § 7; 2003 c 41 § 1; 2002
c 247 § 6; 1999 c 274 § 8; 1997 c 328 § 3; 1982 c 77 § 1; 1979
ex.s. c 213 § 6; 1967 c 232 § 1.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Reviser's note: This section was amended by 2003 c 41 § 1, 2003 c 141
§ 7, and by 2003 c 353 § 9, each without reference to the other. All amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—1982 c 77: See note following RCW 46.20.500.
Severability—1967 ex.s. c 145: See RCW 47.98.043.
Motorcycle safety education account: RCW 46.68.065.
46.20.515
46.20.515 Examination—Emphasis—Waiver.
(Effective January 1, 2004.) The motorcycle endorsement
examination must emphasize maneuvers necessary for onstreet operation, including emergency braking and turning as
may be required to avoid an impending collision. The examination for a two-wheeled motorcycle endorsement and the
examination for a three-wheeled motorcycle endorsement
must be separate and distinct examinations emphasizing the
skills and maneuvers necessary to operate each type of
motorcycle. The department may waive all or part of the
examination for persons who satisfactorily complete the voluntary motorcycle operator training and education program
authorized under RCW 46.20.520 or who satisfactorily complete a private motorcycle skills education course that has
been certified by the department under RCW 46.81A.020.
[2003 c 41 § 3; 2002 c 197 § 1; 2001 c 104 § 2; 1999 c 274 §
11; 1982 c 77 § 4.]
Short title—Effective date—2003 c 41: See notes following RCW
46.20.500.
Severability—1982 c 77: See note following RCW 46.20.500.
Effective date—2003 c 353: See note following RCW 46.04.320.
Short title—2003 c 41: "This act shall be known as the Monty Lish
Memorial Act." [2003 c 41 § 6.]
Effective date—2003 c 41: "This act takes effect January 1, 2004."
[2003 c 41 § 7.]
Legislative review—2002 c 247: See note following RCW 46.04.1695.
Severability—1982 c 77: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1982 c 77 § 10.]
Mopeds
operation and safety standards: RCW 46.61.710, 46.61.720.
registration: RCW 46.16.630.
46.20.505
46.20.505 Endorsement fees, amount and distribution. (Effective January 1, 2004.) Every person applying
for a special endorsement of a driver's license authorizing
such person to drive a two or three-wheeled motorcycle or a
motor-driven cycle shall pay a fee of five dollars, which is not
refundable. In addition, the endorsement fee for the initial
motorcycle endorsement shall not exceed ten dollars, and the
subsequent renewal endorsement fee shall not exceed twentyfive dollars, unless the endorsement is renewed or extended
for a period other than five years, in which case the subsequent renewal endorsement fee shall not exceed five dollars
for each year that the endorsement is renewed or extended.
The initial and renewal endorsement fees shall be deposited
in the motorcycle safety education account of the highway
safety fund. [2003 c 41 § 2; 2002 c 352 § 16; 2001 c 104 § 1.
Prior: 1999 c 308 § 5; 1999 c 274 § 9; 1993 c 115 § 1; 1989
c 203 § 2; 1988 c 227 § 5; 1987 c 454 § 2; 1985 ex.s. c 1 § 8;
1982 c 77 § 2; 1979 c 158 § 153; 1967 ex.s. c 145 § 50.]
Short title—Effective date—2003 c 41: See notes following RCW
46.20.500.
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—1999 c 308: See note following RCW 46.20.120.
Severability—1988 c 227: See RCW 46.81A.900.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
[2003 RCW Supp—page 626]
46.20.720
46.20.720 Drivers convicted of alcohol offenses. (1)
The court may order that after a period of suspension, revocation, or denial of driving privileges, and for up to as long as
the court has jurisdiction, any person convicted of any
offense involving the use, consumption, or possession of
alcohol while operating a motor vehicle may drive only a
motor vehicle equipped with a functioning ignition interlock
or other biological or technical device.
(2)(a) The department shall require that, after any applicable period of suspension, revocation, or denial of driving
privileges, a person may drive only a motor vehicle equipped
with a functioning ignition interlock or other biological or
technical device if the person is convicted of a violation of
RCW 46.61.502 or 46.61.504 or an equivalent local ordinance and it is:
(i) The person's first conviction or a deferred prosecution
under chapter 10.05 RCW and his or her alcohol concentration was at least 0.15, or by reason of the person's refusal to
take a test offered pursuant to RCW 46.20.308 there is no test
result indicating the person's alcohol concentration;
(ii) The person's second or subsequent conviction; or
(iii) The person's first conviction and the person has a
previous deferred prosecution under chapter 10.05 RCW or it
is a deferred prosecution under chapter 10.05 RCW and the
person has a previous conviction.
(b) The department may waive the requirement for the
use of such a device if it concludes that such devices are not
reasonably available in the local area. Nothing in this section
may be interpreted as entitling a person to more than one
deferred prosecution.
(3) In the case of a person under subsection (1) of this
section, the court shall establish a specific calibration setting
at which the ignition interlock or other biological or technical
device will prevent the motor vehicle from being started and
the period of time that the person shall be subject to the
restriction. In the case of a person under subsection (2) of
Uniform Commercial Driver’s License Act
this section, the ignition interlock or other biological or technical device shall be calibrated to prevent the motor vehicle
from being started when the breath sample provided has an
alcohol concentration of 0.025 or more, and the period of
time of the restriction will be as follows:
(a) For a person (i) who is subject to RCW 46.61.5055
(1)(b), (2), or (3), or who is subject to a deferred prosecution
program under chapter 10.05 RCW; and (ii) who has not previously been restricted under this section, a period of one
year;
(b) For a person who has previously been restricted
under (a) of this subsection, a period of five years;
(c) For a person who has previously been restricted
under (b) of this subsection, a period of ten years.
For purposes of this section, "convicted" means being
found guilty of an offense or being placed on a deferred prosecution program under chapter 10.05 RCW. [2003 c 366 § 1;
2001 c 247 § 1; 1999 c 331 § 3; 1998 c 210 § 2; 1997 c 229 §
8; 1994 c 275 § 22; 1987 c 247 § 2.]
Effective date—1999 c 331: See note following RCW 9.94A.525.
Short title—1998 c 210: "This act may be known and cited as the Mary
Johnsen Act." [1998 c 210 § 1.]
Finding—Intent—1998 c 210: "The legislature finds that driving is a
privilege and that the state may restrict that privilege in the interests of public
safety. One such reasonable restriction is requiring certain individuals, if
they choose to drive, to drive only vehicles equipped with ignition interlock
devices. The legislature further finds that the costs of these devices are minimal and are affordable. It is the intent of the legislature that these devices
be paid for by the drivers using them and that neither the state nor entities of
local government provide any public funding for this purpose." [1998 c 210
§ 7.]
Effective date—1998 c 210: "This act takes effect January 1, 1999."
[1998 c 210 § 9.]
Effective date—1997 c 229: See note following RCW 10.05.090.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Chapter 46.25 RCW
UNIFORM COMMERCIAL DRIVER'S LICENSE ACT
Chapter 46.25
Sections
46.25.055
46.25.057
46.25.070
Medical examiner's certificate—Required.
Medical examiner's certificate—Failure to carry—Penalty.
Application—Change of address—Residency.
or she had, at the time the infraction took place, the medical
examiner's certificate, the court shall reduce the penalty to
fifty dollars. [2003 c 195 § 4.]
Findings—2003 c 195: See note following RCW 46.25.070.
46.25.070
46.25.070 Application—Change of address—Residency. (1) The application for a commercial driver's license
or commercial driver's instruction permit must include the
following:
(a) The full name and current mailing and residential
address of the person;
(b) A physical description of the person, including sex,
height, weight, and eye color;
(c) Date of birth;
(d) The applicant's Social Security number;
(e) The person's signature;
(f) Certifications including those required by 49 C.F.R.
part 383.71(a);
(g) Any other information required by the department;
and
(h) A consent to release driving record information to
parties identified in chapter 46.52 RCW and this chapter.
(2) When a licensee changes his or her name, mailing
address, or residence address, the person shall notify the
department as provided in RCW 46.20.205.
(3) No person who has been a resident of this state for
thirty days may drive a commercial motor vehicle under the
authority of a commercial driver's license issued by another
jurisdiction. [2003 c 195 § 2; 1991 c 73 § 2; 1989 c 178 § 9.]
Findings—2003 c 195: "The legislature finds that current economic
conditions impose severe hardships on many commercial vehicle drivers.
The legislature finds that commercial drivers who may not currently be
working may not be able to afford the expense of a required physical in order
to maintain their commercial driver's license. The legislature finds that
Washington's commercial driver's license statutes should be harmonized
with federal requirements, which require proof of a physical capacity to
drive a commercial vehicle, along with a valid commercial driver's license,
but do not link the two requirements. The legislature finds that allowing
commercial drivers to delay getting a physical until they are actually driving
a commercial vehicle will prevent the imposition of unnecessary expense
and hardship on Washington's commercial vehicle drivers." [2003 c 195 §
1.]
Chapter 46.30
46.25.055
46.25.055 Medical examiner's certificate—Required.
A person may not drive a commercial motor vehicle unless he
or she is physically qualified to do so and, except as provided
in 49 C.F.R. Sec. 391.67, has on his or her person the original, or a photographic copy, of a medical examiner's certificate that he or she is physically qualified to drive a commercial motor vehicle. [2003 c 195 § 3.]
Findings—2003 c 195: See note following RCW 46.25.070.
46.25.057
46.25.057 Medical examiner's certificate—Failure to
carry—Penalty. (1) It is a traffic infraction for a licensee
under this chapter to drive a commercial vehicle without having on his or her person the original, or a photographic copy,
of a medical examiner's certificate that he or she is physically
qualified to drive a commercial motor vehicle.
(2) A person who violates this section is subject to a penalty of two hundred fifty dollars. If the person appears in person before the court or submits by mail written proof that he
46.30.020
Chapter 46.30 RCW
MANDATORY LIABILITY INSURANCE
Sections
46.30.020
Liability insurance or other financial responsibility required—
Violations—Exceptions.
46.30.020
46.30.020 Liability insurance or other financial
responsibility required—Violations—Exceptions. (1)(a)
No person may operate a motor vehicle subject to registration
under chapter 46.16 RCW in this state unless the person is
insured under a motor vehicle liability policy with liability
limits of at least the amounts provided in RCW 46.29.090, is
self-insured as provided in RCW 46.29.630, is covered by a
certificate of deposit in conformance with RCW 46.29.550,
or is covered by a liability bond of at least the amounts provided in RCW 46.29.090. Written proof of financial responsibility for motor vehicle operation must be provided on the
request of a law enforcement officer in the format specified
under RCW 46.30.030.
[2003 RCW Supp—page 627]
Chapter 46.37
Title 46 RCW: Motor Vehicles
(b) A person who drives a motor vehicle that is required
to be registered in another state that requires drivers and owners of vehicles in that state to maintain insurance or financial
responsibility shall, when requested by a law enforcement
officer, provide evidence of financial responsibility or insurance as is required by the laws of the state in which the vehicle is registered.
(c) When asked to do so by a law enforcement officer,
failure to display an insurance identification card as specified
under RCW 46.30.030 creates a presumption that the person
does not have motor vehicle insurance.
(d) Failure to provide proof of motor vehicle insurance is
a traffic infraction and is subject to penalties as set by the
supreme court under RCW 46.63.110 or community restitution.
(2) If a person cited for a violation of subsection (1) of
this section appears in person before the court or a violations
bureau and provides written evidence that at the time the person was cited, he or she was in compliance with the financial
responsibility requirements of subsection (1) of this section,
the citation shall be dismissed and the court or violations
bureau may assess court administrative costs of twenty-five
dollars at the time of dismissal. In lieu of personal appearance, a person cited for a violation of subsection (1) of this
section may, before the date scheduled for the person's
appearance before the court or violations bureau, submit by
mail to the court or violations bureau written evidence that at
the time the person was cited, he or she was in compliance
with the financial responsibility requirements of subsection
(1) of this section, in which case the citation shall be dismissed without cost, except that the court or violations
bureau may assess court administrative costs of twenty-five
dollars at the time of dismissal.
(3) The provisions of this chapter shall not govern:
(a) The operation of a motor vehicle registered under
RCW 46.16.305(1), governed by RCW 46.16.020, or registered with the Washington utilities and transportation commission as common or contract carriers; or
(b) The operation of a motorcycle as defined in RCW
46.04.330, a motor-driven cycle as defined in RCW
46.04.332, or a moped as defined in RCW 46.04.304.
(4) RCW 46.29.490 shall not be deemed to govern all
motor vehicle liability policies required by this chapter but
only those certified for the purposes stated in chapter 46.29
RCW. [2003 c 221 § 1; 2002 c 175 § 35; 1991 sp.s. c 25 § 1;
1991 c 339 § 24; 1989 c 353 § 2.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Notice of liability insurance requirement: RCW 46.16.212.
Chapter 46.37 RCW
VEHICLE LIGHTING AND OTHER EQUIPMENT
Chapter 46.37
46.37.640
46.37.650
46.37.660
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Short title—1990 c 270: See RCW 43.70.440.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1982 c 77: See note following RCW 46.20.500.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Sections
46.37.530
(a) For any person to operate a motorcycle or motordriven cycle not equipped with mirrors on the left and right
sides of the motorcycle which shall be so located as to give
the driver a complete view of the highway for a distance of at
least two hundred feet to the rear of the motorcycle or motordriven cycle: PROVIDED, That mirrors shall not be required
on any motorcycle or motor-driven cycle over twenty-five
years old originally manufactured without mirrors and which
has been restored to its original condition and which is being
ridden to or from or otherwise in conjunction with an antique
or classic motorcycle contest, show, or other such assemblage: PROVIDED FURTHER, That no mirror is required
on any motorcycle manufactured prior to January 1, 1931;
(b) For any person to operate a motorcycle or motordriven cycle which does not have a windshield unless wearing glasses, goggles, or a face shield of a type conforming to
rules adopted by the state patrol;
(c) For any person to operate or ride upon a motorcycle,
motor-driven cycle, or moped on a state highway, county
road, or city street unless wearing upon his or her head a
motorcycle helmet except when the vehicle is an antique
motor-driven cycle or automobile that is licensed as a motorcycle or when the vehicle is equipped with seat belts and roll
bars approved by the state patrol. The motorcycle helmet
neck or chin strap must be fastened securely while the motorcycle or motor-driven cycle is in motion. Persons operating
electric-assisted bicycles shall comply with all laws and regulations related to the use of bicycle helmets;
(d) For any person to transport a child under the age of
five on a motorcycle or motor-driven cycle;
(e) For any person to sell or offer for sale a motorcycle
helmet that does not meet the requirements established by
this section.
(2) The state patrol may adopt and amend rules, pursuant
to the Administrative Procedure Act, concerning standards
for glasses, goggles, and face shields.
(3) For purposes of this section, "motorcycle helmet"
means a protective covering for the head consisting of a hard
outer shell, padding adjacent to and inside the outer shell, and
a neck or chin strap type retention system, with a sticker indicating that the motorcycle helmet meets standards established
by the United States Department of Transportation. [2003 c
197 § 1; 1997 c 328 § 4; 1990 c 270 § 7. Prior: 1987 c 454 §
1; 1987 c 330 § 732; 1986 c 113 § 8; 1982 c 77 § 7; 1977 ex.s.
c 355 § 55; 1971 ex.s. c 150 § 1; 1969 c 42 § 1; 1967 c 232 §
4.]
Motorcycles, motor-driven cycles, mopeds, electric-assisted
bicycles—Helmets, other equipment—Children—Rules.
Air bags—Definitions.
Air bags—Installation of previously deployed—Penalty.
Air bags—Replacement requirements.
46.37.530
46.37.530 Motorcycles, motor-driven cycles, mopeds,
electric-assisted bicycles—Helmets, other equipment—
Children—Rules. (1) It is unlawful:
[2003 RCW Supp—page 628]
Maximum height for handlebars: RCW 46.61.611.
Riding on motorcycles: RCW 46.61.610.
46.37.640
46.37.640 Air bags—Definitions. (1) "Air bag" means
an inflatable restraint system or portion of an inflatable
restraint system installed in a motor vehicle.
(2) "Previously deployed air bag" means an inflatable
restraint system or portion of the system that has been acti-
Size, Weight, Load
vated or inflated as a result of a collision or other incident
involving the vehicle.
(3) "Nondeployed salvage air bag" means an inflatable
restraint system that has not been previously activated or
inflated as a result of a collision or other incident involving
the vehicle. [2003 c 33 § 1.]
46.37.650
46.37.650 Air bags—Installation of previously
deployed—Penalty. (1) A person is guilty of a gross misdemeanor if he or she knew or reasonably should have known
that an air bag he or she installs or reinstalls in a vehicle for
compensation, or distributes as an auto part, is a previously
deployed air bag that is part of an inflatable restraint system.
(2) A person found guilty under subsection (1) of this
section shall be punished by a fine of not more than five thousand dollars or by confinement in the county jail for not more
than one year, or both. [2003 c 33 § 2.]
46.37.660
46.37.660 Air bags—Replacement requirements.
Whenever an air bag that is part of a previously deployed
inflatable restraint system is replaced by either a new air bag
that is part of an inflatable restraint system or a nondeployed
salvage air bag that is part of an inflatable restraint system,
the air bag must conform to the original equipment manufacturer requirements and the installer must verify that the selfdiagnostic system for the inflatable restraint system indicates
that the entire inflatable restraint system is operating properly. [2003 c 33 § 3.]
Chapter 46.44
Chapter 46.44 RCW
SIZE, WEIGHT, LOAD
Sections
46.44.170
46.44.175
46.44.180
46.44.170
Mobile home or park model trailer movement special permit
and decal—Responsibility for taxes—License plates—
Rules.
Penalties—Hearing. (Effective July 1, 2004.)
Operation of mobile home pilot vehicle without insurance
unlawful—Amounts—Exception—Penalty. (Effective July
1, 2004.)
46.44.170 Mobile home or park model trailer movement special permit and decal—Responsibility for
taxes—License plates—Rules. (1) Any person moving a
mobile home as defined in RCW 46.04.302 or a park model
trailer as defined in RCW 46.04.622 upon public highways of
the state must obtain a special permit from the department of
transportation and local authorities pursuant to RCW
46.44.090 and 46.44.093 and shall pay the proper fee as prescribed by RCW 46.44.0941 and 46.44.096.
(2) A special permit issued as provided in subsection (1)
of this section for the movement of any mobile home or a
park model trailer that is assessed for purposes of property
taxes shall not be valid until the county treasurer of the
county in which the mobile home or park model trailer is
located shall endorse or attach his or her certificate that all
property taxes which are a lien or which are delinquent, or
both, upon the mobile home or park model trailer being
moved have been satisfied. Further, any mobile home or park
model trailer required to have a special movement permit
under this section shall display an easily recognizable decal.
46.44.175
However, endorsement or certification by the county treasurer and the display of the decal is not required:
(a) When a mobile home or park model trailer is to enter
the state or is being moved from a manufacturer or distributor
to a retail sales outlet or directly to the purchaser's designated
location or between retail and sales outlets; or
(b) When a signed affidavit of destruction is filed with
the county assessor and the mobile home or park model
trailer is being moved to a disposal site by a landlord as
defined in RCW 59.20.030 after (i) the mobile home or park
model trailer has been abandoned as defined in RCW
59.20.030; or (ii) a final judgment for restitution of the premises under RCW 59.18.410 has been executed in favor of
the landlord with regard to the mobile home or park model
trailer. The mobile home or park model trailer will be
removed from the tax rolls and, upon notification by the
assessor, any outstanding taxes on the destroyed mobile
home will be removed by the county treasurer.
(3) If the landlord of a mobile home park takes ownership of a mobile home or park model trailer with the intent to
resell or rent the same under RCW 59.20.030 after (a) the
mobile home or park model trailer has been abandoned as
defined in RCW 59.20.030; or (b) a final judgment for restitution of the premises under RCW 59.18.410 has been executed in favor of the landlord with regard to the mobile home
or park model trailer, the outstanding taxes become the
responsibility of the landlord.
(4) It is the responsibility of the owner of the mobile
home or park model trailer subject to property taxes or the
agent to obtain the endorsement and decal from the county
treasurer before a mobile home or park model trailer is
moved.
(5) This section does not prohibit the issuance of vehicle
license plates for a mobile home or park model trailer subject
to property taxes, but plates shall not be issued unless the
mobile home or park model trailer subject to property taxes
for which plates are sought has been listed for property tax
purposes in the county in which it is principally located and
the appropriate fee for the license has been paid.
(6) The department of transportation and local authorities are authorized to adopt reasonable rules for implementing the provisions of this section. The department of transportation shall adopt rules specifying the design, reflective
characteristics, annual coloration, and for the uniform implementation of the decal required by this section. [2003 c 61 §
1; 2002 c 168 § 6; 1986 c 211 § 4. Prior: 1985 c 395 § 1;
1985 c 22 § 1; 1980 c 152 § 1; 1977 ex.s. c 22 § 2.]
Severability—1977 ex.s. c 22: See note following RCW 46.04.302.
46.44.175
46.44.175 Penalties—Hearing. (Effective July 1,
2004.) (1) Failure of any person or agent acting for a person
who causes to be moved or moves a mobile home as defined
in RCW 46.04.302 upon public highways of this state and
failure to comply with any of the provisions of RCW
46.44.170 and 46.44.173 is a traffic infraction for which a
penalty of not less than one hundred dollars or more than five
hundred dollars shall be assessed. In addition to the above
penalty, the department of transportation or local authority
may withhold issuance of a special permit or suspend a continuous special permit as provided by RCW 46.44.090 and
46.44.093 for a period of not less than thirty days.
[2003 RCW Supp—page 629]
46.44.180
Title 46 RCW: Motor Vehicles
(2) Any person who shall alter, reuse, transfer, or forge
the decal required by RCW 46.44.170, or who shall display a
decal knowing it to have been forged, reused, transferred, or
altered, shall be guilty of a gross misdemeanor.
(3) Any person or agent who is denied a special permit or
whose special permit is suspended may upon request receive
a hearing before the department of transportation or the local
authority having jurisdiction. The department or the local
authority after such hearing may revise its previous action.
[2003 c 53 § 239; 1995 c 38 § 11; 1994 c 301 § 15; 1985 c 22
§ 2; 1979 ex.s. c 136 § 78; 1977 ex.s. c 22 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Acts of municipal officers ratified and confirmed—1995 c 38: See
note following RCW 3.02.045.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1977 ex.s. c 22: See note following RCW 46.04.302.
46.44.180
46.44.180 Operation of mobile home pilot vehicle
without insurance unlawful—Amounts—Exception—
Penalty. (Effective July 1, 2004.) (1) It is unlawful for a
person, other than an employee of a dealer or other principal
licensed to transport mobile homes within this state acting
within the course of employment with the principal, to operate a pilot vehicle accompanying a mobile home, as defined
in RCW 46.04.302, being transported on the public highways
of this state, without maintaining insurance for the pilot vehicle in the minimum amounts of:
(a) One hundred thousand dollars for bodily injury to or
death of one person in any one accident;
(b) Three hundred thousand dollars for bodily injury to
or death of two or more persons in any one accident; and
(c) Fifty thousand dollars for damage to or destruction of
property of others in any one accident.
(2) Satisfactory evidence of the insurance shall be carried at all times by the operator of the pilot vehicle, which
evidence shall be displayed upon demand by a police officer.
(3) Failure to maintain the insurance as required by this
section is a gross misdemeanor.
(4) Failure to carry or disclose the evidence of the insurance as required by this section is a misdemeanor. [2003 c 53
§ 240; 1980 c 153 § 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 46.52
Chapter 46.52 RCW
ACCIDENTS—REPORTS—
ABANDONED VEHICLES
Sections
46.52.010
46.52.090
46.52.130
Duty on striking unattended car or other property—Penalty.
(Effective July 1, 2004.)
Reports of major repairs, etc.—Violations, penalties—
Rules—Exceptions for older vehicles. (Effective July 1,
2004.)
Abstract of driving record—Access—Fees—Penalty.
46.52.010
46.52.010 Duty on striking unattended car or other
property—Penalty. (Effective July 1, 2004.) (1) The operator of any vehicle which collided with any other vehicle
which is unattended shall immediately stop and shall then
and there either locate and notify the operator or owner of
[2003 RCW Supp—page 630]
such vehicle of the name and address of the operator and
owner of the vehicle striking the unattended vehicle or shall
leave in a conspicuous place in the vehicle struck a written
notice, giving the name and address of the operator and of the
owner of the vehicle striking such other vehicle.
(2) The driver of any vehicle involved in an accident
resulting only in damage to property fixed or placed upon or
adjacent to any public highway shall take reasonable steps to
locate and notify the owner or person in charge of such property of such fact and of the name and address of the operator
and owner of the vehicle striking such property, or shall leave
in a conspicuous place upon the property struck a written
notice, giving the name and address of the operator and of the
owner of the vehicle so striking the property, and such person
shall further make report of such accident as in the case of
other accidents upon the public highways of this state.
(3) Any person violating this section is guilty of a misdemeanor. [2003 c 53 § 241; 1979 ex.s. c 136 § 79; 1961 c 12
§ 46.52.010. Prior: 1937 c 189 § 133; RRS § 6360-133;
1927 c 309 § 50, part; RRS § 6362-50, part.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Arrest of person violating duty on striking unattended vehicle or other property: RCW 10.31.100.
46.52.090
46.52.090 Reports of major repairs, etc.—Violations,
penalties—Rules—Exceptions for older vehicles. (Effective July 1, 2004.) (1) Any person, firm, corporation, or association engaged in the business of repairs of any kind to vehicles or any person, firm, corporation, or association which
may at any time engage in any kind of major repair, restoration, or substantial alteration to a vehicle required to be
licensed or registered under this title shall maintain verifiable
records regarding the source of used major component parts
used in such repairs, restoration, or alteration. Satisfactory
records include but are not limited to personal identification
of the seller if such parts were acquired from other than a
vehicle wrecker licensed under chapter 46.80 RCW, signed
work orders, and bills of sale signed by the seller whose identity and address has been verified describing parts acquired,
and the make, model, and vehicle identification number of a
vehicle from which the following parts are removed: (a)
Engines and short blocks, (b) frames, (c) transmissions and
transfer cases, (d) cabs, (e) doors, (f) front or rear differentials, (g) front or rear clips, (h) quarter panels or fenders, (i)
bumpers, (j) truck beds or boxes, (k) seats, and (l) hoods.
(2) The records required under subsection (1) of this section shall be kept for a period of four years and shall be made
available for inspection by a law enforcement officer during
ordinary business hours.
(3) It is a gross misdemeanor to: (a) Acquire a part without a substantiating bill of sale or invoice from the parts supplier or fail to comply with any rules adopted under this section; (b) fail to obtain the vehicle identification number for
those parts requiring that it be obtained; or (c) fail to keep
records for four years or to make such records available during normal business hours to a law enforcement officer.
Accidents—Reports—Abandoned Vehicles
(4) The chief of the Washington state patrol shall adopt
rules for the purpose of regulating record-keeping and parts
acquisition by vehicle repairers, restorers, rebuilders, or those
who perform substantial vehicle alterations.
(5) The provisions of this section do not apply to major
repair, restoration, or alteration of a vehicle thirty years of
age or older. [2003 c 53 § 242; 1983 c 142 § 1; 1967 c 32 §
59; 1961 c 12 § 46.52.090. Prior: 1937 c 189 § 141; RRS §
6360-141.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.52.130
46.52.130 Abstract of driving record—Access—
Fees—Penalty. (1) A certified abstract of the driving record
shall be furnished only to:
(a) The individual named in the abstract;
(b) An employer or prospective employer or an agent
acting on behalf of an employer or prospective employer, or
a volunteer organization for which the named individual has
submitted an application for a position that could require the
transportation of children under eighteen years of age, adults
over sixty-five years of age, or physically or mentally disabled persons;
(c) An employee or agent of a transit authority checking
prospective volunteer vanpool drivers for insurance and risk
management needs;
(d) The insurance carrier that has insurance in effect covering the employer or a prospective employer;
(e) The insurance carrier that has motor vehicle or life
insurance in effect covering the named individual;
(f) The insurance carrier to which the named individual
has applied;
(g) An alcohol/drug assessment or treatment agency
approved by the department of social and health services, to
which the named individual has applied or been assigned for
evaluation or treatment; or
(h) City and county prosecuting attorneys.
(2) City attorneys and county prosecuting attorneys may
provide the driving record to alcohol/drug assessment or
treatment agencies approved by the department of social and
health services to which the named individual has applied or
been assigned for evaluation or treatment.
(3) The director, upon proper request, shall furnish a certified abstract covering the period of not more than the last
three years to insurance companies.
(4) Upon proper request, the director shall furnish a certified abstract covering a period of not more than the last five
years to state approved alcohol/drug assessment or treatment
agencies, except that the certified abstract shall also include
records of alcohol-related offenses as defined in RCW
46.01.260(2) covering a period of not more than the last ten
years.
(5) Upon proper request, a certified abstract of the full
driving record maintained by the department shall be furnished to a city or county prosecuting attorney, to the individual named in the abstract, to an employer or prospective
employer or an agent acting on behalf of an employer or prospective employer of the named individual, or to a volunteer
organization for which the named individual has submitted
46.52.130
an application for a position that could require the transportation of children under eighteen years of age, adults over
sixty-five years of age, or physically or mentally disabled
persons, or to an employee or agent of a transit authority
checking prospective volunteer vanpool drivers for insurance
and risk management needs.
(6) The abstract, whenever possible, shall include:
(a) An enumeration of motor vehicle accidents in which
the person was driving;
(b) The total number of vehicles involved;
(c) Whether the vehicles were legally parked or moving;
(d) Whether the vehicles were occupied at the time of the
accident;
(e) Whether the accident resulted in any fatality;
(f) Any reported convictions, forfeitures of bail, or findings that an infraction was committed based upon a violation
of any motor vehicle law;
(g) The status of the person's driving privilege in this
state; and
(h) Any reports of failure to appear in response to a traffic citation or failure to respond to a notice of infraction
served upon the named individual by an arresting officer.
(7) Certified abstracts furnished to prosecutors and alcohol/drug assessment or treatment agencies shall also indicate
whether a recorded violation is an alcohol-related offense as
defined in RCW 46.01.260(2) that was originally charged as
one of the alcohol-related offenses designated in RCW
46.01.260(2)(b)(i).
(8) The abstract provided to the insurance company shall
exclude any information, except that related to the commission of misdemeanors or felonies by the individual, pertaining to law enforcement officers or fire fighters as defined in
RCW 41.26.030, or any officer of the Washington state
patrol, while driving official vehicles in the performance of
occupational duty. The abstract provided to the insurance
company shall include convictions for RCW 46.61.5249 and
46.61.525 except that the abstract shall report them only as
negligent driving without reference to whether they are for
first or second degree negligent driving. The abstract provided to the insurance company shall exclude any deferred
prosecution under RCW 10.05.060, except that if a person is
removed from a deferred prosecution under RCW 10.05.090,
the abstract shall show the deferred prosecution as well as the
removal.
(9) The director shall collect for each abstract the sum of
five dollars, which shall be deposited in the highway safety
fund.
(10) Any insurance company or its agent receiving the
certified abstract shall use it exclusively for its own underwriting purposes and shall not divulge any of the information
contained in it to a third party. No policy of insurance may be
canceled, nonrenewed, denied, or have the rate increased on
the basis of such information unless the policyholder was
determined to be at fault. No insurance company or its agent
for underwriting purposes relating to the operation of commercial motor vehicles may use any information contained in
the abstract relative to any person's operation of motor vehicles while not engaged in such employment, nor may any
insurance company or its agent for underwriting purposes
relating to the operation of noncommercial motor vehicles
[2003 RCW Supp—page 631]
Chapter 46.55
Title 46 RCW: Motor Vehicles
use any information contained in the abstract relative to any
person's operation of commercial motor vehicles.
(11) Any employer or prospective employer or an agent
acting on behalf of an employer or prospective employer, or
a volunteer organization for which the named individual has
submitted an application for a position that could require the
transportation of children under eighteen years of age, adults
over sixty-five years of age, or physically or mentally disabled persons, receiving the certified abstract shall use it
exclusively for his or her own purpose to determine whether
the licensee should be permitted to operate a commercial
vehicle or school bus, or operate a vehicle for a volunteer
organization for purposes of transporting children under
eighteen years of age, adults over sixty-five years of age, or
physically or mentally disabled persons, upon the public
highways of this state and shall not divulge any information
contained in it to a third party.
(12) Any employee or agent of a transit authority receiving a certified abstract for its vanpool program shall use it
exclusively for determining whether the volunteer licensee
meets those insurance and risk management requirements
necessary to drive a vanpool vehicle. The transit authority
may not divulge any information contained in the abstract to
a third party.
(13) Any alcohol/drug assessment or treatment agency
approved by the department of social and health services
receiving the certified abstract shall use it exclusively for the
purpose of assisting its employees in making a determination
as to what level of treatment, if any, is appropriate. The
agency, or any of its employees, shall not divulge any information contained in the abstract to a third party.
(14) Release of a certified abstract of the driving record
of an employee, prospective employee, or prospective volunteer requires a statement signed by: (a) The employee, prospective employee, or prospective volunteer that authorizes
the release of the record, and (b) the employer or volunteer
organization attesting that the information is necessary to
determine whether the licensee should be employed to operate a commercial vehicle or school bus, or operate a vehicle
for a volunteer organization for purposes of transporting children under eighteen years of age, adults over sixty-five years
of age, or physically or mentally disabled persons, upon the
public highways of this state. If the employer or prospective
employer authorizes an agent to obtain this information on
their behalf, this must be noted in the statement.
(15) Any negligent violation of this section is a gross
misdemeanor.
(16) Any intentional violation of this section is a class C
felony. [2003 c 367 § 1. Prior: 2002 c 352 § 20; 2002 c 221
§ 1; 2001 c 309 § 1; 1998 c 165 § 11; 1997 c 66 § 12; prior:
1996 c 307 § 4; 1996 c 183 § 2; 1994 c 275 § 16; 1991 c 243
§ 1; 1989 c 178 § 24; prior: 1987 1st ex.s c 9 § 2; 1987 c 397
§ 2; 1987 c 181 § 1; 1986 c 74 § 1; 1985 ex.s. c 1 § 11; 1979
ex.s. c 136 § 84; 1977 ex.s. c 356 § 2; 1977 ex.s. c 140 § 1;
1973 1st ex.s. c 37 § 1; 1969 ex.s. c 40 § 3; 1967 c 174 § 2;
1967 c 32 § 63; 1963 c 169 § 65; 1961 ex.s. c 21 § 27.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—1998 c 165 §§ 8-14: See note following RCW
46.52.070.
[2003 RCW Supp—page 632]
Short title—1998 c 165: See note following RCW 43.59.010.
Effective date—1996 c 183: See note following RCW 46.52.030.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
Severability—Effective date—1987 1st ex.s. c 9: See notes following
RCW 46.29.050.
Intent—1987 c 397: See note following RCW 46.61.410.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Effective date—1967 c 174: See note following RCW 46.29.050.
Severability—1963 c 169: See RCW 46.29.910.
Abstract of driving record to be furnished: RCW 46.29.050.
Use of highway safety fund to defray cost of furnishing and maintaining driving records: RCW 46.68.060.
Chapter 46.55
Chapter 46.55 RCW
TOWING AND IMPOUNDMENT
(Formerly: Abandoned, unauthorized, and junk vehicles—Tow truck operators)
Sections
46.55.020
46.55.113
46.55.120
Registration required—Penalty. (Effective July 1, 2004.)
Removal by police officer.
Redemption of vehicles—Sale of unredeemed property—
Improper impoundment.
46.55.020
46.55.020 Registration required—Penalty. (Effective
July 1, 2004.) (1) A person shall not engage in or offer to
engage in the activities of a registered tow truck operator
without a current registration certificate from the department
of licensing authorizing him or her to engage in such activities.
(2) Any person engaging in or offering to engage in the
activities of a registered tow truck operator without the registration certificate required by this chapter is guilty of a gross
misdemeanor.
(3) A registered operator who engages in a business
practice that is prohibited under this chapter may be issued a
notice of traffic infraction under chapter 46.63 RCW and is
also subject to the civil penalties that may be imposed by the
department under this chapter.
(4) A person found to have committed an offense that is
a traffic infraction under this chapter is subject to a monetary
penalty of at least two hundred fifty dollars.
(5) All traffic infractions issued under this chapter shall
be under the jurisdiction of the district court in whose jurisdiction they were issued. [2003 c 53 § 243; 1989 c 111 § 2;
1985 c 377 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.55.113
46.55.113 Removal by police officer. (1) Whenever
the driver of a vehicle is arrested for a violation of RCW
46.61.502, 46.61.504, 46.20.342, or 46.20.345, the vehicle is
subject to summary impoundment, pursuant to the terms and
conditions of an applicable local ordinance or state agency
rule at the direction of a law enforcement officer.
(2) In addition, a police officer may take custody of a
vehicle, at his or her discretion, and provide for its prompt
Towing and Impoundment
removal to a place of safety under any of the following circumstances:
(a) Whenever a police officer finds a vehicle standing
upon the roadway in violation of any of the provisions of
RCW 46.61.560, the officer may provide for the removal of
the vehicle or require the driver or other person in charge of
the vehicle to move the vehicle to a position off the roadway;
(b) Whenever a police officer finds a vehicle unattended
upon a highway where the vehicle constitutes an obstruction
to traffic or jeopardizes public safety;
(c) Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle
involved in an accident is physically or mentally incapable of
deciding upon steps to be taken to protect his or her property;
(d) Whenever the driver of a vehicle is arrested and taken
into custody by a police officer;
(e) Whenever a police officer discovers a vehicle that the
officer determines to be a stolen vehicle;
(f) Whenever a vehicle without a special license plate,
card, or decal indicating that the vehicle is being used to
transport a disabled person under RCW 46.16.381 is parked
in a stall or space clearly and conspicuously marked under
RCW 46.61.581 which space is provided on private property
without charge or on public property;
(g) Upon determining that a person is operating a motor
vehicle without a valid driver's license in violation of RCW
46.20.005 or with a license that has been expired for ninety
days or more;
(h) When a vehicle is illegally occupying a truck, commercial loading zone, restricted parking zone, bus, loading,
hooded-meter, taxi, street construction or maintenance, or
other similar zone where, by order of the director of transportation or chiefs of police or fire or their designees, parking is
limited to designated classes of vehicles or is prohibited during certain hours, on designated days or at all times, if the
zone has been established with signage for at least twentyfour hours and where the vehicle is interfering with the
proper and intended use of the zone. Signage must give
notice to the public that a vehicle will be removed if illegally
parked in the zone.
(3) When an arrest is made for a violation of RCW
46.20.342, if the vehicle is a commercial vehicle and the
driver of the vehicle is not the owner of the vehicle, before
the summary impoundment directed under subsection (1) of
this section, the police officer shall attempt in a reasonable
and timely manner to contact the owner of the vehicle and
may release the vehicle to the owner if the owner is reasonably available, as long as the owner was not in the vehicle at
the time of the stop and arrest and the owner has not received
a prior release under this subsection or RCW
46.55.120(1)(a)(ii).
(4) Nothing in this section may derogate from the powers
of police officers under the common law. For the purposes of
this section, a place of safety may include the business location of a registered tow truck operator. [2003 c 178 § 1; 2003
c 177 § 1; 1998 c 203 § 4; 1997 c 66 § 7; 1996 c 89 § 1; 1994
c 275 § 32; 1987 c 311 § 10. Formerly RCW 46.61.565.]
Reviser's note: This section was amended by 2003 c 177 § 1 and by
2003 c 178 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
46.55.120
Finding—1998 c 203: See note following RCW 46.55.105.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.55.120
46.55.120 Redemption of vehicles—Sale of unredeemed property—Improper impoundment. (1) Vehicles
or other items of personal property registered or titled with
the department that are impounded by registered tow truck
operators pursuant to RCW 46.55.080, 46.55.085, 46.55.113,
or 9A.88.140 may be redeemed only under the following circumstances:
(a) Only the legal owner, the registered owner, a person
authorized in writing by the registered owner or the vehicle's
insurer, a person who is determined and verified by the operator to have the permission of the registered owner of the
vehicle or other item of personal property registered or titled
with the department, or one who has purchased a vehicle or
item of personal property registered or titled with the department from the registered owner who produces proof of ownership or written authorization and signs a receipt therefor,
may redeem an impounded vehicle or items of personal property registered or titled with the department. In addition, a
vehicle impounded because the operator is in violation of
RCW 46.20.342(1)(c) shall not be released until a person eligible to redeem it under this subsection (1)(a) satisfies the
requirements of (e) of this subsection, including paying all
towing, removal, and storage fees, notwithstanding the fact
that the hold was ordered by a government agency. If the
department's records show that the operator has been convicted of a violation of RCW 46.20.342 or a similar local
ordinance within the past five years, the vehicle may be held
for up to thirty days at the written direction of the agency
ordering the vehicle impounded. A vehicle impounded
because the operator is arrested for a violation of RCW
46.20.342 may be released only pursuant to a written order
from the agency that ordered the vehicle impounded or from
the court having jurisdiction. An agency may issue a written
order to release pursuant to a provision of an applicable state
agency rule or local ordinance authorizing release on the
basis of the following:
(i) Economic or personal hardship to the spouse of the
operator, taking into consideration public safety factors,
including the operator's criminal history and driving record;
or
(ii) The owner of the vehicle was not the driver, the
owner did not know that the driver's license was suspended or
revoked, and the owner has not received a prior release under
this subsection or RCW 46.55.113(3).
In order to avoid discriminatory application, other than
for the reasons for release set forth in (a)(i) and (ii) of this
subsection, an agency shall, under a provision of an applicable state agency rule or local ordinance, deny release in all
other circumstances without discretion.
If a vehicle is impounded because the operator is in violation of RCW 46.20.342(1) (a) or (b), the vehicle may be
held for up to thirty days at the written direction of the agency
ordering the vehicle impounded. However, if the department's records show that the operator has been convicted of a
violation of RCW 46.20.342(1) (a) or (b) or a similar local
ordinance within the past five years, the vehicle may be held
at the written direction of the agency ordering the vehicle
[2003 RCW Supp—page 633]
46.55.120
Title 46 RCW: Motor Vehicles
impounded for up to sixty days, and for up to ninety days if
the operator has two or more such prior offenses. If a vehicle
is impounded because the operator is arrested for a violation
of RCW 46.20.342, the vehicle may not be released until a
person eligible to redeem it under this subsection (1)(a) satisfies the requirements of (e) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the
fact that the hold was ordered by a government agency.
(b) If the vehicle is directed to be held for a suspended
license impound, a person who desires to redeem the vehicle
at the end of the period of impound shall within five days of
the impound at the request of the tow truck operator pay a
security deposit to the tow truck operator of not more than
one-half of the applicable impound storage rate for each day
of the proposed suspended license impound. The tow truck
operator shall credit this amount against the final bill for
removal, towing, and storage upon redemption. The tow
truck operator may accept other sufficient security in lieu of
the security deposit. If the person desiring to redeem the
vehicle does not pay the security deposit or provide other
security acceptable to the tow truck operator, the tow truck
operator may process and sell at auction the vehicle as an
abandoned vehicle within the normal time limits set out in
RCW 46.55.130(1). The security deposit required by this
section may be paid and must be accepted at any time up to
twenty-four hours before the beginning of the auction to sell
the vehicle as abandoned. The registered owner is not eligible to purchase the vehicle at the auction, and the tow truck
operator shall sell the vehicle to the highest bidder who is not
the registered owner.
(c) Notwithstanding (b) of this subsection, a rental car
business may immediately redeem a rental vehicle it owns by
payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended license
impound.
(d) Notwithstanding (b) of this subsection, a motor vehicle dealer or lender with a perfected security interest in the
vehicle may redeem or lawfully repossess a vehicle immediately by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended
license impound. A motor vehicle dealer or lender with a
perfected security interest in the vehicle may not knowingly
and intentionally engage in collusion with a registered owner
to repossess and then return or resell a vehicle to the registered owner in an attempt to avoid a suspended license
impound. However, this provision does not preclude a vehicle dealer or a lender with a perfected security interest in the
vehicle from repossessing the vehicle and then selling, leasing, or otherwise disposing of it in accordance with chapter
62A.9A RCW, including providing redemption rights to the
debtor under RCW 62A.9A-623. If the debtor is the registered owner of the vehicle, the debtor's right to redeem the
vehicle under chapter 62A.9A RCW is conditioned upon the
debtor obtaining and providing proof from the impounding
authority or court having jurisdiction that any fines, penalties,
and forfeitures owed by the registered owner, as a result of
the suspended license impound, have been paid, and proof of
the payment must be tendered to the vehicle dealer or lender
at the time the debtor tenders all other obligations required to
redeem the vehicle. Vehicle dealers or lenders are not liable
for damages if they rely in good faith on an order from the
[2003 RCW Supp—page 634]
impounding agency or a court in releasing a vehicle held
under a suspended license impound.
(e) The vehicle or other item of personal property registered or titled with the department shall be released upon the
presentation to any person having custody of the vehicle of
commercially reasonable tender sufficient to cover the costs
of towing, storage, or other services rendered during the
course of towing, removing, impounding, or storing any such
vehicle, with credit being given for the amount of any security deposit paid under (b) of this subsection. In addition, if a
vehicle is impounded because the operator was arrested for a
violation of RCW 46.20.342 or 46.20.345 and was being
operated by the registered owner when it was impounded
under local ordinance or agency rule, it must not be released
to any person until the registered owner establishes with the
agency that ordered the vehicle impounded or the court having jurisdiction that any penalties, fines, or forfeitures owed
by him or her have been satisfied. Registered tow truck operators are not liable for damages if they rely in good faith on
an order from the impounding agency or a court in releasing
a vehicle held under a suspended license impound. Commercially reasonable tender shall include, without limitation,
cash, major bank credit cards issued by financial institutions,
or personal checks drawn on Washington state branches of
financial institutions if accompanied by two pieces of valid
identification, one of which may be required by the operator
to have a photograph. If the towing firm cannot determine
through the customer's bank or a check verification service
that the presented check would be paid by the bank or guaranteed by the service, the towing firm may refuse to accept
the check. Any person who stops payment on a personal
check or credit card, or does not make restitution within ten
days from the date a check becomes insufficient due to lack
of funds, to a towing firm that has provided a service pursuant
to this section or in any other manner defrauds the towing
firm in connection with services rendered pursuant to this
section shall be liable for damages in the amount of twice the
towing and storage fees, plus costs and reasonable attorney's
fees.
(2)(a) The registered tow truck operator shall give to
each person who seeks to redeem an impounded vehicle, or
item of personal property registered or titled with the department, written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a
form to be used for requesting a hearing, the name of the person or agency authorizing the impound, and a copy of the
towing and storage invoice. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that such notification was provided.
(b) Any person seeking to redeem an impounded vehicle
under this section has a right to a hearing in the district or
municipal court for the jurisdiction in which the vehicle was
impounded to contest the validity of the impoundment or the
amount of towing and storage charges. The district court has
jurisdiction to determine the issues involving all impoundments including those authorized by the state or its agents.
The municipal court has jurisdiction to determine the issues
involving impoundments authorized by agents of the municipality. Any request for a hearing shall be made in writing on
the form provided for that purpose and must be received by
the appropriate court within ten days of the date the opportu-
Rules of the Road
nity was provided for in subsection (2)(a) of this section and
more than five days before the date of the auction. At the
time of the filing of the hearing request, the petitioner shall
pay to the court clerk a filing fee in the same amount required
for the filing of a suit in district court. If the hearing request
is not received by the court within the ten-day period, the
right to a hearing is waived and the registered owner is liable
for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely hearing
request, the court shall proceed to hear and determine the
validity of the impoundment.
(3)(a) The court, within five days after the request for a
hearing, shall notify the registered tow truck operator, the
person requesting the hearing if not the owner, the registered
and legal owners of the vehicle or other item of personal
property registered or titled with the department, and the person or agency authorizing the impound in writing of the hearing date and time.
(b) At the hearing, the person or persons requesting the
hearing may produce any relevant evidence to show that the
impoundment, towing, or storage fees charged were not
proper. The court may consider a written report made under
oath by the officer who authorized the impoundment in lieu
of the officer's personal appearance at the hearing.
(c) At the conclusion of the hearing, the court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the
posted rates, and who is responsible for payment of the fees.
The court may not adjust fees or charges that are in compliance with the posted or contracted rates.
(d) If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter together with court costs shall be assessed against the person or persons requesting the hearing, unless the operator did
not have a signed and valid impoundment authorization from
a private property owner or an authorized agent.
(e) If the impoundment is determined to be in violation
of this chapter, then the registered and legal owners of the
vehicle or other item of personal property registered or titled
with the department shall bear no impoundment, towing, or
storage fees, and any security shall be returned or discharged
as appropriate, and the person or agency who authorized the
impoundment shall be liable for any towing, storage, or other
impoundment fees permitted under this chapter. The court
shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impound for
the impoundment, towing, and storage fees paid. In addition,
the court shall enter judgment in favor of the registered and
legal owners of the vehicle, or other item of personal property
registered or titled with the department, for the amount of the
filing fee required by law for the impound hearing petition as
well as reasonable damages for loss of the use of the vehicle
during the time the same was impounded, for not less than
fifty dollars per day, against the person or agency authorizing
the impound. However, if an impoundment arising from an
alleged violation of RCW 46.20.342 or 46.20.345 is determined to be in violation of this chapter, then the law enforcement officer directing the impoundment and the government
employing the officer are not liable for damages if the officer
relied in good faith and without gross negligence on the
records of the department in ascertaining that the operator of
46.61.015
the vehicle had a suspended or revoked driver's license. If
any judgment entered is not paid within fifteen days of notice
in writing of its entry, the court shall award reasonable attorneys' fees and costs against the defendant in any action to
enforce the judgment. Notice of entry of judgment may be
made by registered or certified mail, and proof of mailing
may be made by affidavit of the party mailing the notice.
Notice of the entry of the judgment shall read essentially as
follows:
TO: . . . . . .
YOU ARE HEREBY NOTIFIED JUDGMENT was
entered against you in the . . . . . . Court located at
. . . . . . in the sum of $. . . . . ., in an action entitled
. . . . . ., Case No. . . . . YOU ARE FURTHER
NOTIFIED that attorneys fees and costs will be
awarded against you under RCW . . . if the judgment
is not paid within 15 days of the date of this notice.
DATED this . . . . day of . . . . . ., (year) . . .
Signature . . . . . . . . . .
Typed name and address
of party mailing notice
(4) Any impounded abandoned vehicle or item of personal property registered or titled with the department that is
not redeemed within fifteen days of mailing of the notice of
custody and sale as required by RCW 46.55.110(3) shall be
sold at public auction in accordance with all the provisions
and subject to all the conditions of RCW 46.55.130. A vehicle or item of personal property registered or titled with the
department may be redeemed at any time before the start of
the auction upon payment of the applicable towing and storage fees. [2003 c 177 § 2; 2000 c 193 § 1. Prior: 1999 c 398
§ 7; 1999 c 327 § 5; 1998 c 203 § 5; 1996 c 89 § 2; 1995 c 360
§ 7; 1993 c 121 § 3; 1989 c 111 § 11; 1987 c 311 § 12; 1985
c 377 § 12.]
Findings—Intent—1999 c 327: See note following RCW 9A.88.130.
Finding—1998 c 203: See note following RCW 46.55.105.
Chapter 46.61
Chapter 46.61 RCW
RULES OF THE ROAD
Sections
46.61.015
46.61.020
46.61.024
46.61.419
46.61.440
46.61.5055
46.61.645
46.61.685
46.61.687
46.61.688
46.61.710
46.61.725
Obedience to police officers, flaggers, or fire fighters—Penalty. (Effective July 1, 2004.)
Refusal to give information to or cooperate with officer—Penalty. (Effective July 1, 2004.)
Attempting to elude police vehicle—Defense—License revocation.
Private roads—Speed enforcement.
Maximum speed limit when passing school or playground
crosswalks—Penalty, disposition of proceeds.
Alcohol violators—Penalty schedule.
Throwing materials on highway prohibited—Removal.
Leaving children unattended in standing vehicle with motor
running—Penalty. (Effective July 1, 2004.)
Child passenger restraint required—Conditions—Exceptions—Penalty for violation—Dismissal—Noncompliance
not negligence.
Safety belts, use required—Penalties—Exemptions.
Mopeds, EPAMDs, electric-assisted bicycles, motorized foot
scooters—General requirements and operation.
Neighborhood electric vehicles.
46.61.015
46.61.015 Obedience to police officers, flaggers, or
fire fighters—Penalty. (Effective July 1, 2004.) (1) No
person shall willfully fail or refuse to comply with any lawful
[2003 RCW Supp—page 635]
46.61.020
Title 46 RCW: Motor Vehicles
order or direction of any duly authorized flagger or any police
officer or fire fighter invested by law with authority to direct,
control, or regulate traffic.
(2) A violation of this section is a misdemeanor. [2003 c
53 § 244; 2000 c 239 § 4; 1995 c 50 § 1; 1975 c 62 § 17; 1965
ex.s. c 155 § 3.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Captions not law—2000 c 239: See note following RCW 49.17.350.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.020
46.61.020 Refusal to give information to or cooperate
with officer—Penalty. (Effective July 1, 2004.) (1) It is
unlawful for any person while operating or in charge of any
vehicle to refuse when requested by a police officer to give
his or her name and address and the name and address of the
owner of such vehicle, or for such person to give a false name
and address, and it is likewise unlawful for any such person
to refuse or neglect to stop when signaled to stop by any
police officer or to refuse upon demand of such police officer
to produce his or her certificate of license registration of such
vehicle, his or her insurance identification card, or his or her
vehicle driver's license or to refuse to permit such officer to
take any such license, card, or certificate for the purpose of
examination thereof or to refuse to permit the examination of
any equipment of such vehicle or the weighing of such vehicle or to refuse or neglect to produce the certificate of license
registration of such vehicle, insurance card, or his or her vehicle driver's license when requested by any court. Any police
officer shall on request produce evidence of his or her authorization as such.
(2) A violation of this section is a misdemeanor. [2003 c
53 § 245; 1995 c 50 § 2; 1989 c 353 § 6; 1967 c 32 § 65; 1961
c 12 § 46.56.190. Prior: 1937 c 189 § 126; RRS § 6360-126;
1927 c 309 § 38; RRS § 6362-38. Formerly RCW
46.56.190.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—Effective date—1989 c 353: See RCW 46.30.900 and
46.30.901.
46.61.024
46.61.024 Attempting to elude police vehicle—
Defense—License revocation. (1) Any driver of a motor
vehicle who willfully fails or refuses to immediately bring his
vehicle to a stop and who drives his vehicle in a reckless manner while attempting to elude a pursuing police vehicle, after
being given a visual or audible signal to bring the vehicle to a
stop, shall be guilty of a class C felony. The signal given by
the police officer may be by hand, voice, emergency light, or
siren. The officer giving such a signal shall be in uniform and
the vehicle shall be equipped with lights and sirens.
(2) It is an affirmative defense to this section which must
be established by a preponderance of the evidence that: (a) A
reasonable person would not believe that the signal to stop
was given by a police officer; and (b) driving after the signal
to stop was reasonable under the circumstances.
(3) The license or permit to drive or any nonresident
driving privilege of a person convicted of a violation of this
[2003 RCW Supp—page 636]
section shall be revoked by the department of licensing.
[2003 c 101 § 1; 1983 c 80 § 1; 1982 1st ex.s. c 47 § 25; 1979
ex.s. c 75 § 1.]
Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.
46.61.419
46.61.419 Private roads—Speed enforcement. State,
local, or county law enforcement personnel may enforce
speeding violations under RCW 46.61.400 on private roads
within a community organized under chapter 64.38 RCW if:
(1) A majority of the homeowner's association's board of
directors votes to authorize the issuance of speeding infractions on its private roads, and declares a speed limit not lower
than twenty miles per hour;
(2) A written agreement regarding the speeding enforcement is signed by the homeowner's association president and
the chief law enforcement official of the city or county within
whose jurisdiction the private road is located;
(3) The homeowner's association has provided written
notice to all of the homeowners describing the new authority
to issue speeding infractions; and
(4) Signs have been posted declaring the speed limit at
all vehicle entrances to the community. [2003 c 193 § 1.]
46.61.440
46.61.440 Maximum speed limit when passing school
or playground crosswalks—Penalty, disposition of proceeds. (1) Subject to RCW 46.61.400(1), and except in those
instances where a lower maximum lawful speed is provided
by this chapter or otherwise, it shall be unlawful for the operator of any vehicle to operate the same at a speed in excess of
twenty miles per hour when operating any vehicle upon a
highway either inside or outside an incorporated city or town
when passing any marked school or playground crosswalk
when such marked crosswalk is fully posted with standard
school speed limit signs or standard playground speed limit
signs. The speed zone at the crosswalk shall extend three
hundred feet in either direction from the marked crosswalk.
(2) A county or incorporated city or town may create a
school or playground speed zone on a highway bordering a
marked school or playground, in which zone it is unlawful for
a person to operate a vehicle at a speed in excess of twenty
miles per hour. The school or playground speed zone may
extend three hundred feet from the border of the school or
playground property; however, the speed zone may only
include area consistent with active school or playground use.
(3) A person found to have committed any infraction
relating to speed restrictions within a school or playground
speed zone shall be assessed a monetary penalty equal to
twice the penalty assessed under RCW 46.63.110. This penalty may not be waived, reduced, or suspended.
(4) The school zone safety account is created in the custody of the state treasurer. Fifty percent of the moneys collected under subsection (3) of this section shall be deposited
into the account. Expenditures from the account may be used
only by the Washington traffic safety commission solely to
fund projects in local communities to improve school zone
safety, pupil transportation safety, and student safety in
school bus loading and unloading areas. Only the director of
the traffic safety commission or the director's designee may
authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but
Rules of the Road
no appropriation is required for expenditures until July 1,
1999, after which date moneys in the account may be spent
only after appropriation. [2003 c 192 § 1; 1997 c 80 § 2; 1996
c 114 § 1; 1975 c 62 § 34; 1963 c 16 § 5; 1961 c 12 §
46.48.023. Prior: 1951 c 28 § 9; 1949 c 196 § 6, part; 1947
c 200 § 8, part; 1937 c 189 § 64, part; Rem. Supp. 1949 §
6360-64, part; 1927 c 309 § 3, part; 1923 c 181 § 6, part; 1921
c 96 § 27, part; 1917 c 155 § 16, part; 1915 c 142 § 24, part;
RRS § 6362-3, part; 1909 c 249 § 279, part; Rem. & Bal. §
2531, part. Formerly RCW 46.48.023.]
Effective date—1996 c 114: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 20, 1996]." [1996 c 114 § 2.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.5055
46.61.5055 Alcohol violators—Penalty schedule. (1)
A person who is convicted of a violation of RCW 46.61.502
or 46.61.504 and who has no prior offense within seven years
shall be punished as follows:
(a) In the case of a person whose alcohol concentration
was less than 0.15, or for whom for reasons other than the
person's refusal to take a test offered pursuant to RCW
46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than one day nor more
than one year. Twenty-four consecutive hours of the imprisonment may not be suspended or deferred unless the court
finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum
sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and
the facts upon which the suspension or deferral is based. In
lieu of the mandatory minimum term of imprisonment
required under this subsection (1)(a)(i), the court may order
not less than fifteen days of electronic home monitoring. The
offender shall pay the cost of electronic home monitoring.
The county or municipality in which the penalty is being
imposed shall determine the cost. The court may also require
the offender's electronic home monitoring device to include
an alcohol detection breathalyzer, and the court may restrict
the amount of alcohol the offender may consume during the
time the offender is on electronic home monitoring; and
(ii) By a fine of not less than three hundred fifty dollars
nor more than five thousand dollars. Three hundred fifty dollars of the fine may not be suspended or deferred unless the
court finds the offender to be indigent; or
(b) In the case of a person whose alcohol concentration
was at least 0.15, or for whom by reason of the person's
refusal to take a test offered pursuant to RCW 46.20.308
there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than two days nor more
than one year. Two consecutive days of the imprisonment
may not be suspended or deferred unless the court finds that
the imposition of this mandatory minimum sentence would
impose a substantial risk to the offender's physical or mental
well-being. Whenever the mandatory minimum sentence is
suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon
46.61.5055
which the suspension or deferral is based. In lieu of the mandatory minimum term of imprisonment required under this
subsection (1)(b)(i), the court may order not less than thirty
days of electronic home monitoring. The offender shall pay
the cost of electronic home monitoring. The county or
municipality in which the penalty is being imposed shall
determine the cost. The court may also require the offender's
electronic home monitoring device to include an alcohol
detection breathalyzer, and the court may restrict the amount
of alcohol the offender may consume during the time the
offender is on electronic home monitoring; and
(ii) By a fine of not less than five hundred dollars nor
more than five thousand dollars. Five hundred dollars of the
fine may not be suspended or deferred unless the court finds
the offender to be indigent; and
(iii) By a court-ordered restriction under RCW
46.20.720.
(2) A person who is convicted of a violation of RCW
46.61.502 or 46.61.504 and who has one prior offense within
seven years shall be punished as follows:
(a) In the case of a person whose alcohol concentration
was less than 0.15, or for whom for reasons other than the
person's refusal to take a test offered pursuant to RCW
46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than thirty days nor
more than one year and sixty days of electronic home monitoring. The offender shall pay for the cost of the electronic
monitoring. The county or municipality where the penalty is
being imposed shall determine the cost. The court may also
require the offender's electronic home monitoring device
include an alcohol detection breathalyzer, and may restrict
the amount of alcohol the offender may consume during the
time the offender is on electronic home monitoring. Thirty
days of imprisonment and sixty days of electronic home
monitoring may not be suspended or deferred unless the court
finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum
sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and
the facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than five hundred dollars nor
more than five thousand dollars. Five hundred dollars of the
fine may not be suspended or deferred unless the court finds
the offender to be indigent; and
(iii) By a court-ordered restriction under RCW
46.20.720; or
(b) In the case of a person whose alcohol concentration
was at least 0.15, or for whom by reason of the person's
refusal to take a test offered pursuant to RCW 46.20.308
there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than forty-five days nor
more than one year and ninety days of electronic home monitoring. The offender shall pay for the cost of the electronic
monitoring. The county or municipality where the penalty is
being imposed shall determine the cost. The court may also
require the offender's electronic home monitoring device
include an alcohol detection breathalyzer, and may restrict
the amount of alcohol the offender may consume during the
[2003 RCW Supp—page 637]
46.61.5055
Title 46 RCW: Motor Vehicles
time the offender is on electronic home monitoring. Fortyfive days of imprisonment and ninety days of electronic
home monitoring may not be suspended or deferred unless
the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the
offender's physical or mental well-being. Whenever the
mandatory minimum sentence is suspended or deferred, the
court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or
deferral is based; and
(ii) By a fine of not less than seven hundred fifty dollars
nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the
court finds the offender to be indigent; and
(iii) By a court-ordered restriction under RCW
46.20.720.
(3) A person who is convicted of a violation of RCW
46.61.502 or 46.61.504 and who has two or more prior
offenses within seven years shall be punished as follows:
(a) In the case of a person whose alcohol concentration
was less than 0.15, or for whom for reasons other than the
person's refusal to take a test offered pursuant to RCW
46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than ninety days nor
more than one year and one hundred twenty days of electronic home monitoring. The offender shall pay for the cost
of the electronic monitoring. The county or municipality
where the penalty is being imposed shall determine the cost.
The court may also require the offender's electronic home
monitoring device include an alcohol detection breathalyzer,
and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Ninety days of imprisonment and one hundred
twenty days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition
of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being.
Whenever the mandatory minimum sentence is suspended or
deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the
suspension or deferral is based; and
(ii) By a fine of not less than one thousand dollars nor
more than five thousand dollars. One thousand dollars of the
fine may not be suspended or deferred unless the court finds
the offender to be indigent; and
(iii) By a court-ordered restriction under RCW
46.20.720; or
(b) In the case of a person whose alcohol concentration
was at least 0.15, or for whom by reason of the person's
refusal to take a test offered pursuant to RCW 46.20.308
there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than one hundred
twenty days nor more than one year and one hundred fifty
days of electronic home monitoring. The offender shall pay
for the cost of the electronic monitoring. The county or
municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection
breathalyzer, and may restrict the amount of alcohol the
[2003 RCW Supp—page 638]
offender may consume during the time the offender is on
electronic home monitoring. One hundred twenty days of
imprisonment and one hundred fifty days of electronic home
monitoring may not be suspended or deferred unless the court
finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum
sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and
the facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than one thousand five hundred
dollars nor more than five thousand dollars. One thousand
five hundred dollars of the fine may not be suspended or
deferred unless the court finds the offender to be indigent;
and
(iii) By a court-ordered restriction under RCW
46.20.720.
(4) If a person who is convicted of a violation of RCW
46.61.502 or 46.61.504 committed the offense while a passenger under the age of sixteen was in the vehicle, the court
shall:
(a) In any case in which the installation and use of an
interlock or other device is not mandatory under RCW
46.20.720 or other law, order the use of such a device for not
less than sixty days following the restoration of the person's
license, permit, or nonresident driving privileges; and
(b) In any case in which the installation and use of such
a device is otherwise mandatory, order the use of such a
device for an additional sixty days.
(5) In exercising its discretion in setting penalties within
the limits allowed by this section, the court shall particularly
consider the following:
(a) Whether the person's driving at the time of the
offense was responsible for injury or damage to another or
another's property; and
(b) Whether at the time of the offense the person was
driving or in physical control of a vehicle with one or more
passengers.
(6) An offender punishable under this section is subject
to the alcohol assessment and treatment provisions of RCW
46.61.5056.
(7) The license, permit, or nonresident privilege of a person convicted of driving or being in physical control of a
motor vehicle while under the influence of intoxicating liquor
or drugs must:
(a) If the person's alcohol concentration was less than
0.15, or if for reasons other than the person's refusal to take a
test offered under RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) Where there has been no prior offense within seven
years, be suspended or denied by the department for ninety
days;
(ii) Where there has been one prior offense within seven
years, be revoked or denied by the department for two years;
or
(iii) Where there have been two or more prior offenses
within seven years, be revoked or denied by the department
for three years;
(b) If the person's alcohol concentration was at least
0.15, or if by reason of the person's refusal to take a test
Rules of the Road
offered under RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) Where there has been no prior offense within seven
years, be revoked or denied by the department for one year;
(ii) Where there has been one prior offense within seven
years, be revoked or denied by the department for nine hundred days; or
(iii) Where there have been two or more prior offenses
within seven years, be revoked or denied by the department
for four years.
For purposes of this subsection, the department shall
refer to the driver's record maintained under RCW 46.52.120
when determining the existence of prior offenses.
(8) After expiration of any period of suspension, revocation, or denial of the offender's license, permit, or privilege to
drive required by this section, the department shall place the
offender's driving privilege in probationary status pursuant to
RCW 46.20.355.
(9)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court
imposes less than one year in jail, the court shall also suspend
but shall not defer a period of confinement for a period not
exceeding five years. The court shall impose conditions of
probation that include: (i) Not driving a motor vehicle within
this state without a valid license to drive and proof of financial responsibility for the future; (ii) not driving a motor vehicle within this state while having an alcohol concentration of
0.08 or more within two hours after driving; and (iii) not
refusing to submit to a test of his or her breath or blood to
determine alcohol concentration upon request of a law
enforcement officer who has reasonable grounds to believe
the person was driving or was in actual physical control of a
motor vehicle within this state while under the influence of
intoxicating liquor. The court may impose conditions of probation that include nonrepetition, installation of an ignition
interlock or other biological or technical device on the probationer's motor vehicle, alcohol or drug treatment, supervised
probation, or other conditions that may be appropriate. The
sentence may be imposed in whole or in part upon violation
of a condition of probation during the suspension period.
(b) For each violation of mandatory conditions of probation under (a)(i) and (ii) or (a)(i) and (iii) of this subsection,
the court shall order the convicted person to be confined for
thirty days, which shall not be suspended or deferred.
(c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection,
the license, permit, or privilege to drive of the person shall be
suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or
denied at the time the finding of probation violation is made,
the suspension, revocation, or denial then in effect shall be
extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this
subsection.
(10) A court may waive the electronic home monitoring
requirements of this chapter when:
(a) The offender does not have a dwelling, telephone service, or any other necessity to operate an electronic home
monitoring system;
46.61.5055
(b) The offender does not reside in the state of Washington; or
(c) The court determines that there is reason to believe
that the offender would violate the conditions of the electronic home monitoring penalty.
Whenever the mandatory minimum term of electronic
home monitoring is waived, the court shall state in writing
the reason for granting the waiver and the facts upon which
the waiver is based, and shall impose an alternative sentence
with similar punitive consequences. The alternative sentence
may include, but is not limited to, additional jail time, work
crew, or work camp.
Whenever the combination of jail time and electronic
home monitoring or alternative sentence would exceed three
hundred sixty-five days, the offender shall serve the jail portion of the sentence first, and the electronic home monitoring
or alternative portion of the sentence shall be reduced so that
the combination does not exceed three hundred sixty-five
days.
(11) An offender serving a sentence under this section,
whether or not a mandatory minimum term has expired, may
be granted an extraordinary medical placement by the jail
administrator subject to the standards and limitations set forth
in RCW 9.94A.728(4).
(12) For purposes of this section:
(a) A "prior offense" means any of the following:
(i) A conviction for a violation of RCW 46.61.502 or an
equivalent local ordinance;
(ii) A conviction for a violation of RCW 46.61.504 or an
equivalent local ordinance;
(iii) A conviction for a violation of RCW 46.61.520
committed while under the influence of intoxicating liquor or
any drug;
(iv) A conviction for a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any
drug;
(v) A conviction for a violation of RCW 46.61.5249,
46.61.500, or 9A.36.050 or an equivalent local ordinance, if
the conviction is the result of a charge that was originally
filed as a violation of RCW 46.61.502 or 46.61.504, or an
equivalent local ordinance, or of RCW 46.61.520 or
46.61.522;
(vi) An out-of-state conviction for a violation that would
have been a violation of (a)(i), (ii), (iii), (iv), or (v) of this
subsection if committed in this state;
(vii) A deferred prosecution under chapter 10.05 RCW
granted in a prosecution for a violation of RCW 46.61.502,
46.61.504, or an equivalent local ordinance; or
(viii) A deferred prosecution under chapter 10.05 RCW
granted in a prosecution for a violation of RCW 46.61.5249,
or an equivalent local ordinance, if the charge under which
the deferred prosecution was granted was originally filed as a
violation of RCW 46.61.502 or 46.61.504, or an equivalent
local ordinance, or of RCW 46.61.520 or 46.61.522; and
(b) "Within seven years" means that the arrest for a prior
offense occurred within seven years of the arrest for the current offense. [2003 c 103 § 1. Prior: 1999 c 324 § 5; 1999 c
274 § 6; 1999 c 5 § 1; prior: 1998 c 215 § 1; 1998 c 214 §1;
1998 c 211 § 1; 1998 c 210 § 4; 1998 c 207 § 1; 1998 c 206 §
1; prior: 1997 c 229 § 11; 1997 c 66 § 14; 1996 c 307 § 3;
1995 1st sp.s. c 17 § 2; 1995 c 332 § 5.]
[2003 RCW Supp—page 639]
46.61.645
Title 46 RCW: Motor Vehicles
Severability—1999 c 5: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1999 c 5 § 2.]
Effective date—1999 c 5: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 16, 1999]." [1999 c 5 § 3.]
Effective date—1998 c 214: "This act takes effect January 1, 1999."
[1998 c 214 § 6.]
Effective date—1998 c 211: "This act takes effect January 1, 1999."
[1998 c 211 § 7.]
Short title—Finding—Intent—Effective date—1998 c 210: See
notes following RCW 46.20.720.
Effective date—1998 c 207: "This act takes effect January 1, 1999."
[1998 c 207 § 12.]
Effective date—1997 c 229: See note following RCW 10.05.090.
Effective date—1995 1st sp.s. c 17: See note following RCW
46.20.355.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
46.61.645
46.61.645 Throwing materials on highway prohibited—Removal. (1) Any person who drops, or permits to be
dropped or thrown, upon any highway any material shall
immediately remove the same or cause it to be removed.
(2) Any person removing a wrecked or damaged vehicle
from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle. [2003 c
337 § 5; 1965 ex.s. c 155 § 77.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Findings—2003 c 337: See note following RCW 70.93.060.
Lighted material, disposal of: RCW 76.04.455.
Littering: Chapter 70.93 RCW.
46.61.685
46.61.685 Leaving children unattended in standing
vehicle with motor running—Penalty. (Effective July 1,
2004.) (1) It is unlawful for any person, while operating or in
charge of a vehicle, to park or willfully allow such vehicle to
stand upon a public highway or in a public place with its
motor running, leaving a minor child or children under the
age of sixteen years unattended in the vehicle.
(2) Any person violating this section is guilty of a misdemeanor. Upon a second or subsequent conviction for a violation of this section, the department shall revoke the operator's
license of such person. [2003 c 53 § 246; 1990 c 250 § 57;
1961 c 151 § 2. Formerly RCW 46.56.230.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1990 c 250: See note following RCW 46.16.301.
Leaving children unattended in parked automobile while entering tavern,
etc.: RCW 9.91.060.
46.61.687
46.61.687 Child passenger restraint required—Conditions—Exceptions—Penalty for violation—Dismissal—
Noncompliance not negligence. (1) Whenever a child who
is less than sixteen years of age is being transported in a
motor vehicle that is in operation and that is required by
RCW 46.37.510 to be equipped with a safety belt system in a
passenger seating position, or is being transported in a neigh[2003 RCW Supp—page 640]
borhood electric vehicle that is in operation, the driver of the
vehicle shall keep the child properly restrained as follows:
(a) If the child is less than six years old and/or sixty
pounds and the passenger seating position equipped with a
safety belt system allows sufficient space for installation,
then the child will be restrained in a child restraint system
that complies with standards of the United States department
of transportation and that is secured in the vehicle in accordance with instructions of the manufacturer of the child
restraint system;
(b) If the child is less than one year of age or weighs less
than twenty pounds, the child shall be properly restrained in a
rear-facing infant seat;
(c) If the child is more than one but less than four years
of age or weighs less than forty pounds but at least twenty
pounds, the child shall be properly restrained in a forward
facing child safety seat restraint system;
(d) If the child is less than six but at least four years of
age or weighs less than sixty pounds but at least forty pounds,
the child shall be properly restrained in a child booster seat;
(e) If the child is six years of age or older or weighs more
than sixty pounds, the child shall be properly restrained with
the motor vehicle's safety belt properly adjusted and fastened
around the child's body or an appropriately fitting booster
seat; and
(f) Enforcement of (a) through (e) of this subsection is
subject to a visual inspection by law enforcement to determine if the child restraint system in use is appropriate for the
child's individual height, weight, and age. The visual inspection for usage of a forward facing child safety seat must
ensure that the seat in use is equipped with a four-point shoulder harness system. The visual inspection for usage of a
booster seat must ensure that the seat belt properly fits across
the child's lap and the shoulder strap crosses the center of the
child's chest. The visual inspection for the usage of a seat belt
by a child must ensure that the lap belt properly fits across the
child's lap and the shoulder strap crosses the center of the
child's chest. In determining violations, consideration to the
above criteria must be given in conjunction with the provisions of (a) through (e) of this subsection. The driver of a
vehicle transporting a child who is under the age of six years
old or weighs less than sixty pounds, when the vehicle is
equipped with a passenger side air bag supplemental restraint
system, and the air bag system is activated, shall transport the
child in the back seat positions in the vehicle where it is practical to do so.
(2) A person violating subsection (1)(a) through (e) of
this section may be issued a notice of traffic infraction under
chapter 46.63 RCW. If the person to whom the notice was
issued presents proof of acquisition of an approved child passenger restraint system or a child booster seat, as appropriate,
within seven days to the jurisdiction issuing the notice and
the person has not previously had a violation of this section
dismissed, the jurisdiction shall dismiss the notice of traffic
infraction.
(3) Failure to comply with the requirements of this section shall not constitute negligence by a parent or legal guardian; nor shall failure to use a child restraint system be admissible as evidence of negligence in any civil action.
(4) This section does not apply to: (a) For hire vehicles,
(b) vehicles designed to transport sixteen or less passengers,
Rules of the Road
including the driver, operated by auto transportation companies, as defined in RCW 81.68.010, (c) vehicles providing
customer shuttle service between parking, convention, and
hotel facilities, and airport terminals, and (d) school buses.
(5) As used in this section "child booster seat" means a
child passenger restraint system that meets the Federal Motor
Vehicle Safety Standards set forth in 49 C.F.R. 571.213 that
is designed to elevate a child to properly sit in a federally
approved lap/shoulder belt system.
(6) The requirements of subsection (1)(a) through (e) of
this section do not apply in any seating position where there
is only a lap belt available and the child weighs more than
forty pounds. [2003 c 353 § 5; 2000 c 190 § 2; 1994 c 100 §
1; 1993 c 274 § 1; 1987 c 330 § 745; 1983 c 215 § 2.]
Effective date—2003 c 353: See note following RCW 46.04.320.
Intent—2000 c 190: "The legislature recognizes that fewer than five
percent of all drivers use child booster seats for children over the age of four
years. The legislature also recognizes that seventy-one percent of deaths
resulting from car accidents could be eliminated if every child under the age
of sixteen used an appropriate child safety seat, booster seat, or seat belt. The
legislature further recognizes the National Transportation Safety Board's
recommendations that promote the use of booster seats to increase the safety
of children under eight years of age. Therefore, it is the legislature's intent to
decrease deaths and injuries to children by promoting safety education and
injury prevention measures, as well as increasing public awareness on ways
to maximize the protection of children in vehicles." [2000 c 190 § 1.]
Short title—2000 c 190: "This act may be known and cited as the
Anton Skeen Act." [2000 c 190 § 5.]
Effective date—2000 c 190: "This act takes effect July 1, 2002." [2000
c 190 § 6.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1983 c 215: See note following RCW 46.37.505.
Standards for child passenger restraint systems: RCW 46.37.505.
46.61.688
46.61.688 Safety belts, use required—Penalties—
Exemptions. (1) For the purposes of this section, the term
"motor vehicle" includes:
(a) "Buses," meaning motor vehicles with motive power,
except trailers, designed to carry more than ten passengers;
(b) "Multipurpose passenger vehicles," meaning motor
vehicles with motive power, except trailers, designed to carry
ten persons or less that are constructed either on a truck chassis or with special features for occasional off-road operation;
(c) "Neighborhood electric vehicle," meaning a self-propelled, electrically powered four-wheeled motor vehicle
whose speed attainable in one mile is more than twenty miles
per hour and not more than twenty-five miles per hour and
conforms to federal regulations under Title 49 C.F.R. Part
571.500;
(d) "Passenger cars," meaning motor vehicles with
motive power, except multipurpose passenger vehicles,
motorcycles, or trailers, designed for carrying ten passengers
or less; and
(e) "Trucks," meaning motor vehicles with motive
power, except trailers, designed primarily for the transportation of property.
(2) This section only applies to motor vehicles that meet
the manual seat belt safety standards as set forth in federal
motor vehicle safety standard 208 and to neighborhood electric vehicles. This section does not apply to a vehicle occupant for whom no safety belt is available when all designated
46.61.710
seating positions as required by federal motor vehicle safety
standard 208 are occupied.
(3) Every person sixteen years of age or older operating
or riding in a motor vehicle shall wear the safety belt assembly in a properly adjusted and securely fastened manner.
(4) No person may operate a motor vehicle unless all
child passengers under the age of sixteen years are either: (a)
Wearing a safety belt assembly or (b) are securely fastened
into an approved child restraint device.
(5) A person violating this section shall be issued a
notice of traffic infraction under chapter 46.63 RCW. A finding that a person has committed a traffic infraction under this
section shall be contained in the driver's abstract but shall not
be available to insurance companies or employers.
(6) Failure to comply with the requirements of this section does not constitute negligence, nor may failure to wear a
safety belt assembly be admissible as evidence of negligence
in any civil action.
(7) This section does not apply to an operator or passenger who possesses written verification from a licensed physician that the operator or passenger is unable to wear a safety
belt for physical or medical reasons.
(8) The state patrol may adopt rules exempting operators
or occupants of farm vehicles, construction equipment, and
vehicles that are required to make frequent stops from the
requirement of wearing safety belts. [2003 c 353 § 4; 2002 c
328 § 2; (2002 c 328 § 1 expired July 1, 2002); 2000 c 190 §
3; 1990 c 250 § 58; 1986 c 152 § 1.]
Effective date—2003 c 353: See note following RCW 46.04.320.
Expiration date—2002 c 328 § 1: "Section 1 of this act expires July 1,
2002." [2002 c 328 § 3.]
Effective date—2002 c 328 § 2: "Section 2 of this act takes effect July
1, 2002." [2002 c 328 § 4.]
Intent—Short title—Effective date—2000 c 190: See notes following
RCW 46.61.687.
Severability—1990 c 250: See note following RCW 46.16.301.
Study of effectiveness—1986 c 152: "The traffic safety commission
shall undertake a study of the effectiveness of section 1 of this act and shall
report its finding to the legislative transportation committee by January 1,
1989." [1986 c 152 § 3.]
Physicians—Immunity from liability regarding safety belts: RCW 4.24.235.
Seat belts and shoulder harnesses, required equipment: RCW 46.37.510.
46.61.710
46.61.710 Mopeds, EPAMDs, electric-assisted bicycles, motorized foot scooters—General requirements and
operation. (1) No person shall operate a moped upon the
highways of this state unless the moped has been assigned a
moped registration number and displays a moped permit in
accordance with the provisions of RCW 46.16.630.
(2) Notwithstanding any other provision of law, a moped
may not be operated on a bicycle path or trail, bikeway,
equestrian trail, or hiking or recreational trail.
(3) Operation of a moped, electric personal assistive
mobility device, or an electric-assisted bicycle on a fully controlled limited access highway is unlawful. Operation of a
moped or an electric-assisted bicycle on a sidewalk is unlawful.
(4) Removal of any muffling device or pollution control
device from a moped is unlawful.
[2003 RCW Supp—page 641]
46.61.725
Title 46 RCW: Motor Vehicles
(5) Subsections (1), (2), and (4) of this section do not
apply to electric-assisted bicycles. Electric-assisted bicycles
and motorized foot scooters may have access to highways of
the state to the same extent as bicycles. Subject to subsection
(6) of this section, electric-assisted bicycles and motorized
foot scooters may be operated on a multipurpose trail or bicycle lane, but local jurisdictions may restrict or otherwise limit
the access of electric-assisted bicycles and motorized foot
scooters, and state agencies may regulate the use of motorized foot scooters on facilities and properties under their
jurisdiction and control.
(6) Subsections (1) and (4) of this section do not apply to
motorized foot scooters. Subsection (2) of this section
applies to motorized foot scooters when the bicycle path,
trail, bikeway, equestrian trail, or hiking or recreational trail
was built or is maintained with federal highway transportation funds. Additionally, any new trail or bicycle path or
readily identifiable existing trail or bicycle path not built or
maintained with federal highway transportation funds may be
used by persons operating motorized foot scooters only when
appropriately signed.
(7) A person operating an electric personal assistive
mobility device (EPAMD) shall obey all speed limits and
shall yield the right-of-way to pedestrians and human-powered devices at all times. An operator must also give an audible signal before overtaking and passing a pedestrian. Except
for the limitations of this subsection, persons operating an
EPAMD have all the rights and duties of a pedestrian.
(8) The use of an EPAMD may be regulated in the following circumstances:
(a) A municipality and the department of transportation
may prohibit the operation of an EPAMD on public highways
within their respective jurisdictions where the speed limit is
greater than twenty-five miles per hour;
(b) A municipality may restrict the speed of an EPAMD
in locations with congested pedestrian or nonmotorized traffic and where there is significant speed differential between
pedestrians or nonmotorized traffic and EPAMD operators.
The areas in this subsection must be designated by the city
engineer or designee of the municipality. Municipalities
shall not restrict the speed of an EPAMD in the entire community or in areas in which there is infrequent pedestrian traffic;
(c) A state agency or local government may regulate the
operation of an EPAMD within the boundaries of any area
used for recreation, open space, habitat, trails, or conservation purposes. [2003 c 353 § 10; 2002 c 247 § 7; 1997 c 328
§ 5; 1979 ex.s. c 213 § 8.]
(b) The person does not operate a neighborhood electric
vehicle upon a highway of this state without first having
obtained and having in full force and effect a current and
proper vehicle license and display vehicle license number
plates in compliance with chapter 46.16 RCW;
(c) The person does not operate a neighborhood electric
vehicle upon a highway of this state without first obtaining a
valid driver's license issued to Washington residents in compliance with chapter 46.20 RCW;
(d) The person does not operate a neighborhood electric
vehicle subject to registration under chapter 46.16 RCW on a
highway of this state unless the person is insured under a
motor vehicle liability policy in compliance with chapter
46.30 RCW; and
(e) The person operating a neighborhood electric vehicle
does not cross a roadway with a speed limit in excess of
thirty-five miles per hour, unless the crossing begins and ends
on a roadway with a speed limit of thirty-five miles per hour
or less and occurs at an intersection of approximately ninety
degrees, except that the operator of a neighborhood electric
vehicle must not cross an uncontrolled intersection of streets
and highways that are part of the state highway system subject to Title 47 RCW unless that intersection has been authorized by local authorities provided elsewhere in this section.
(2) Any person who violates this section commits a traffic infraction.
(3) This section does not prevent local authorities, with
respect to streets and highways under their jurisdiction and
within the reasonable exercise of their police power, from
regulating the operation of neighborhood electric vehicles on
streets and highways under their jurisdiction by resolution or
ordinance of the governing body, if the regulation is consistent with the provisions of this title, except that:
(a) Local authorities may not authorize the operation of
neighborhood electric vehicles on streets and highways that
are part of the state highway system subject to the provisions
of Title 47 RCW;
(b) Local authorities may not prohibit the operation of
neighborhood electric vehicles upon highways of this state
having a speed limit of twenty-five miles per hour or less; and
(c) Local authorities are prohibited from establishing any
requirements for the registration and licensing of neighborhood electric vehicles. [2003 c 353 § 3.]
Effective date—2003 c 353: See note following RCW 46.04.320.
Chapter 46.63
Chapter 46.63 RCW
DISPOSITION OF TRAFFIC INFRACTIONS
Effective date—2003 c 353: See note following RCW 46.04.320.
Sections
Legislative review—2002 c 247: See note following RCW 46.04.1695.
46.63.020
46.63.110
Violations as traffic infractions—Exceptions.
Monetary penalties.
46.61.725
46.61.725 Neighborhood electric vehicles. (1) Absent
prohibition by local authorities authorized under this section
and except as prohibited elsewhere in this section, a person
may operate a neighborhood electric vehicle upon a highway
of this state having a speed limit of thirty-five miles per hour
or less if:
(a) The person does not operate a neighborhood electric
vehicle upon state highways that are listed in chapter 47.17
RCW;
[2003 RCW Supp—page 642]
46.63.020
46.63.020 Violations as traffic infractions—Exceptions. Failure to perform any act required or the performance
of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping,
and pedestrian offenses, is designated as a traffic infraction
and may not be classified as a criminal offense, except for an
offense contained in the following provisions of this title or a
Disposition of Traffic Infractions
violation of an equivalent administrative regulation or local
law, ordinance, regulation, or resolution:
(1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating
liquor or a controlled substance;
(2) RCW 46.09.130 relating to operation of nonhighway
vehicles;
(3) RCW 46.10.090(2) relating to the operation of a
snowmobile while under the influence of intoxicating liquor
or narcotics or habit-forming drugs or in a manner endangering the person of another;
(4) RCW 46.10.130 relating to the operation of snowmobiles;
(5) Chapter 46.12 RCW relating to certificates of ownership and registration and markings indicating that a vehicle
has been destroyed or declared a total loss;
(6) RCW 46.16.010 relating to initial registration of
motor vehicles;
(7) RCW 46.16.011 relating to permitting unauthorized
persons to drive;
(8) RCW 46.16.160 relating to vehicle trip permits;
(9) RCW 46.16.381(2) relating to knowingly providing
false information in conjunction with an application for a
special placard or license plate for disabled persons' parking;
(10) RCW 46.20.005 relating to driving without a valid
driver's license;
(11) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;
(12) RCW 46.20.0921 relating to the unlawful possession and use of a driver's license;
(13) RCW 46.20.342 relating to driving with a suspended or revoked license or status;
(14) RCW 46.20.345 relating to the operation of a motor
vehicle with a suspended or revoked license;
(15) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license;
(16) RCW 46.20.740 relating to operation of a motor
vehicle without an ignition interlock device in violation of a
license notation that the device is required;
(17) RCW 46.20.750 relating to assisting another person
to start a vehicle equipped with an ignition interlock device;
(18) RCW 46.25.170 relating to commercial driver's
licenses;
(19) Chapter 46.29 RCW relating to financial responsibility;
(20) RCW 46.30.040 relating to providing false evidence
of financial responsibility;
(21) RCW 46.37.435 relating to wrongful installation of
sunscreening material;
(22) RCW 46.37.650 relating to the sale, resale, distribution, or installation of a previously deployed air bag;
(23) RCW 46.44.180 relating to operation of mobile
home pilot vehicles;
(24) RCW 46.48.175 relating to the transportation of
dangerous articles;
(25) RCW 46.52.010 relating to duty on striking an unattended car or other property;
(26) RCW 46.52.020 relating to duty in case of injury to
or death of a person or damage to an attended vehicle;
(27) RCW 46.52.090 relating to reports by repairmen,
storagemen, and appraisers;
46.63.020
(28) RCW 46.52.130 relating to confidentiality of the
driving record to be furnished to an insurance company, an
employer, and an alcohol/drug assessment or treatment
agency;
(29) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration
certificate;
(30) RCW 46.55.035 relating to prohibited practices by
tow truck operators;
(31) RCW 46.61.015 relating to obedience to police
officers, flaggers, or fire fighters;
(32) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;
(33) RCW 46.61.022 relating to failure to stop and give
identification to an officer;
(34) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;
(35) RCW 46.61.500 relating to reckless driving;
(36) RCW 46.61.502 and 46.61.504 relating to persons
under the influence of intoxicating liquor or drugs;
(37) RCW 46.61.503 relating to a person under age
twenty-one driving a motor vehicle after consuming alcohol;
(38) RCW 46.61.520 relating to vehicular homicide by
motor vehicle;
(39) RCW 46.61.522 relating to vehicular assault;
(40) RCW 46.61.5249 relating to first degree negligent
driving;
(41) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;
(42) RCW 46.61.530 relating to racing of vehicles on
highways;
(43) RCW 46.61.685 relating to leaving children in an
unattended vehicle with the motor running;
(44) RCW 46.61.740 relating to theft of motor vehicle
fuel;
(45) RCW 46.64.010 relating to unlawful cancellation of
or attempt to cancel a traffic citation;
(46) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;
(47) Chapter 46.65 RCW relating to habitual traffic
offenders;
(48) RCW 46.68.010 relating to false statements made to
obtain a refund;
(49) Chapter 46.70 RCW relating to unfair motor vehicle
business practices, except where that chapter provides for the
assessment of monetary penalties of a civil nature;
(50) Chapter 46.72 RCW relating to the transportation of
passengers in for hire vehicles;
(51) RCW 46.72A.060 relating to limousine carrier
insurance;
(52) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;
(53) RCW 46.72A.080 relating to false advertising by a
limousine carrier;
(54) Chapter 46.80 RCW relating to motor vehicle
wreckers;
(55) Chapter 46.82 RCW relating to driver's training
schools;
(56) RCW 46.87.260 relating to alteration or forgery of a
cab card, letter of authority, or other temporary authority
issued under chapter 46.87 RCW;
[2003 RCW Supp—page 643]
46.63.110
Title 46 RCW: Motor Vehicles
(57) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW. [2003
c 33 § 4; 2001 c 325 § 4; 1999 c 86 § 6; 1998 c 294 § 3. Prior:
1997 c 229 § 13; 1997 c 66 § 8; prior: 1996 c 307 § 6; 1996
c 287 § 7; 1996 c 93 § 3; 1996 c 87 § 21; 1996 c 31 § 3; prior:
1995 1st sp.s. c 16 § 1; 1995 c 332 § 16; 1995 c 256 § 25;
prior: 1994 c 275 § 33; 1994 c 141 § 2; 1993 c 501 § 8; 1992
c 32 § 4; 1991 c 339 § 27; prior: 1990 c 250 § 59; 1990 c 95
§ 3; prior: 1989 c 353 § 8; 1989 c 178 § 27; 1989 c 111 § 20;
prior: 1987 c 388 § 11; 1987 c 247 § 6; 1987 c 244 § 55; 1987
c 181 § 2; 1986 c 186 § 3; prior: 1985 c 377 § 28; 1985 c 353
§ 2; 1985 c 302 § 7; 1983 c 164 § 6; 1982 c 10 § 12; prior:
1981 c 318 § 2; 1981 c 19 § 1; 1980 c 148 § 7; 1979 ex.s. c
136 § 2.]
Effective date—1997 c 229: See note following RCW 10.05.090.
Effective date—1995 1st sp.s. c 16: "This act shall take effect September 1, 1995." [1995 1st sp.s. c 16 § 2.]
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Effective date—1994 c 141: See note following RCW 46.61.527.
Severability—1990 c 250: See note following RCW 46.16.301.
Severability—Effective date—1989 c 353: See RCW 46.30.900 and
46.30.901.
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
Severability—1987 c 388: See note following RCW 46.20.342.
Effective dates—1987 c 244: See note following RCW 46.12.020.
Severability—Effective date—1985 c 377: See RCW 46.55.900 and
46.55.902.
Severability—1982 c 10: See note following RCW 6.13.080.
Severability—1981 c 19: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1981 c 19 § 7.]
Effective date—1980 c 148: See note following RCW 46.10.090.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.110
46.63.110 Monetary penalties. (1) A person found to
have committed a traffic infraction shall be assessed a monetary penalty. No penalty may exceed two hundred and fifty
dollars for each offense unless authorized by this chapter or
title.
(2) The monetary penalty for a violation of RCW
46.55.105(2) is two hundred fifty dollars for each offense.
No penalty assessed under this subsection (2) may be
reduced.
(3) The supreme court shall prescribe by rule a schedule
of monetary penalties for designated traffic infractions. This
rule shall also specify the conditions under which local courts
may exercise discretion in assessing fines and penalties for
traffic infractions. The legislature respectfully requests the
supreme court to adjust this schedule every two years for
inflation.
(4) There shall be a penalty of twenty-five dollars for
failure to respond to a notice of traffic infraction except
where the infraction relates to parking as defined by local
law, ordinance, regulation, or resolution or failure to pay a
monetary penalty imposed pursuant to this chapter. A local
legislative body may set a monetary penalty not to exceed
[2003 RCW Supp—page 644]
twenty-five dollars for failure to respond to a notice of traffic
infraction relating to parking as defined by local law, ordinance, regulation, or resolution. The local court, whether a
municipal, police, or district court, shall impose the monetary
penalty set by the local legislative body.
(5) Monetary penalties provided for in chapter 46.70
RCW which are civil in nature and penalties which may be
assessed for violations of chapter 46.44 RCW relating to size,
weight, and load of motor vehicles are not subject to the limitation on the amount of monetary penalties which may be
imposed pursuant to this chapter.
(6) Whenever a monetary penalty is imposed by a court
under this chapter it is immediately payable. If the person is
unable to pay at that time the court may, in its discretion,
grant an extension of the period in which the penalty may be
paid. If the penalty is not paid on or before the time established for payment the court shall notify the department of the
failure to pay the penalty, and the department shall suspend
the person's driver's license or driving privilege until the penalty has been paid and the penalty provided in subsection (4)
of this section has been paid.
(7) In addition to any other penalties imposed under this
section and not subject to the limitation of subsection (1) of
this section, a person found to have committed a traffic
infraction shall be assessed a fee of five dollars per infraction.
Under no circumstances shall this fee be reduced or waived.
Revenue from this fee shall be forwarded to the state treasurer for deposit in the emergency medical services and
trauma care system trust account under RCW 70.168.040.
(8)(a) In addition to any other penalties imposed under
this section and not subject to the limitation of subsection (1)
of this section, a person found to have committed a traffic
infraction other than of RCW 46.61.527 shall be assessed an
additional penalty of twenty dollars. The court may not
reduce, waive, or suspend the additional penalty unless the
court finds the offender to be indigent. If a community restitution program for offenders is available in the jurisdiction,
the court shall allow offenders to offset all or a part of the
penalty due under this subsection (8) by participation in the
community restitution program.
(b) Eight dollars and fifty cents of the additional penalty
under (a) of this subsection shall be remitted to the state treasurer. The remaining revenue from the additional penalty
must be remitted under chapters 2.08, 3.46, 3.50, 3.62, 10.82,
and 35.20 RCW. Money remitted under this subsection to the
state treasurer must be deposited as provided in RCW
43.08.250. The balance of the revenue received by the
county or city treasurer under this subsection must be deposited into the county or city current expense fund. Moneys
retained by the city or county under this subsection shall constitute reimbursement for any liabilities under RCW
43.135.060. [2003 c 380 § 2. Prior: 2002 c 279 § 15; 2002
c 175 § 36; 2001 c 289 § 2; 1997 c 331 § 3; 1993 c 501 § 11;
1986 c 213 § 2; 1984 c 258 § 330; prior: 1982 1st ex.s. c 14
§ 4; 1982 1st ex.s. c 12 § 1; 1982 c 10 § 13; prior: 1981 c 330
§ 7; 1981 c 19 § 6; 1980 c 128 § 4; 1979 ex.s. c 136 § 13.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—2002 c 175: See note following RCW 7.80.130.
Effective date—1997 c 331: See note following RCW 70.168.135.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Enforcement
Intent—1984 c 258: See note following RCW 3.46.120.
Effective date—Severability—1982 1st ex.s. c 14: See notes following RCW 46.63.060.
Severability—1982 c 10: See note following RCW 6.13.080.
Severability—1981 c 330: See note following RCW 3.62.060.
Severability—1981 c 19: See note following RCW 46.63.020.
Effective date—Severability—1980 c 128: See notes following RCW
46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Additional statutory assessments: RCW 3.62.090.
Chapter 46.64
Chapter 46.64 RCW
ENFORCEMENT
Sections
46.64.010
46.64.040
46.64.010
46.64.040
his or her supervision a record of the disposition of the charge
by the court or its traffic violations bureau in which the original or copy of the traffic citation was deposited.
(5) Any person who cancels or solicits the cancellation
of any traffic citation, in any manner other than as provided
in this section, is guilty of a misdemeanor.
(6) Every record of traffic citations required in this section shall be audited monthly by the appropriate fiscal officer
of the government agency to which the traffic enforcement
agency is responsible. [2003 c 53 § 247; 1961 c 12 §
46.64.010. Prior: 1949 c 196 § 16; 1937 c 189 § 145; Rem.
Supp. 1949 § 6360-145.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.64.040
Traffic citations—Record of—Cancellation prohibited—Penalty—Citation audit. (Effective July 1, 2004.)
Nonresident's use of highways—Resident leaving state—Secretary of state as attorney in fact.
46.64.010 Traffic citations—Record of—Cancellation prohibited—Penalty—Citation audit. (Effective July
1, 2004.) (1) Every traffic enforcement agency in this state
shall provide in appropriate form traffic citations containing
notices to appear which shall be issued in books with citations in quadruplicate and meeting the requirements of this
section. The chief administrative officer of every such traffic
enforcement agency shall be responsible for the issuance of
such books and shall maintain a record of every such book
and each citation contained therein issued to individual members of the traffic enforcement agency and shall require and
retain a receipt for every book so issued.
(2) Every traffic enforcement officer upon issuing a traffic citation to an alleged violator of any provision of the
motor vehicle laws of this state or of any traffic ordinance of
any city or town shall deposit the original or a copy of such
traffic citation with a court having competent jurisdiction
over the alleged offense or with its traffic violations bureau.
Upon the deposit of the original or a copy of such traffic citation with a court having competent jurisdiction over the
alleged offense or with its traffic violations bureau as aforesaid, the original or copy of such traffic citation may be disposed of only by trial in the court or other official action by a
judge of the court, including forfeiture of the bail or by the
deposit of sufficient bail with or payment of a fine to the traffic violations bureau by the person to whom such traffic citation has been issued by the traffic enforcement officer.
(3) It shall be unlawful and official misconduct for any
traffic enforcement officer or other officer or public
employee to dispose of a traffic citation or copies thereof or
of the record of the issuance of the same in a manner other
than as required in this section.
(4) The chief administrative officer of every traffic
enforcement agency shall require the return to him or her of a
copy of every traffic citation issued by an officer under his or
her supervision to an alleged violator of any traffic law or
ordinance and of all copies of every traffic citation which has
been spoiled or upon which any entry has been made and not
issued to an alleged violator. Such chief administrative
officer shall also maintain or cause to be maintained in connection with every traffic citation issued by an officer under
46.64.040 Nonresident's use of highways—Resident
leaving state—Secretary of state as attorney in fact. The
acceptance by a nonresident of the rights and privileges conferred by law in the use of the public highways of this state,
as evidenced by his or her operation of a vehicle thereon, or
the operation thereon of his or her vehicle with his or her consent, express or implied, shall be deemed equivalent to and
construed to be an appointment by such nonresident of the
secretary of state of the state of Washington to be his or her
true and lawful attorney upon whom may be served all lawful
summons and processes against him or her growing out of
any accident, collision, or liability in which such nonresident
may be involved while operating a vehicle upon the public
highways, or while his or her vehicle is being operated
thereon with his or her consent, express or implied, and such
operation and acceptance shall be a signification of the nonresident's agreement that any summons or process against
him or her which is so served shall be of the same legal force
and validity as if served on the nonresident personally within
the state of Washington. Likewise each resident of this state
who, while operating a motor vehicle on the public highways
of this state, is involved in any accident, collision, or liability
and thereafter at any time within the following three years
cannot, after a due and diligent search, be found in this state
appoints the secretary of state of the state of Washington as
his or her lawful attorney for service of summons as provided
in this section for nonresidents. Service of such summons or
process shall be made by leaving two copies thereof with a
fee established by the secretary of state by rule with the secretary of state of the state of Washington, or at the secretary
of state's office, and such service shall be sufficient and valid
personal service upon said resident or nonresident: PROVIDED, That notice of such service and a copy of the summons or process is forthwith sent by registered mail with
return receipt requested, by plaintiff to the defendant at the
last known address of the said defendant, and the plaintiff's
affidavit of compliance herewith are appended to the process,
together with the affidavit of the plaintiff's attorney that the
attorney has with due diligence attempted to serve personal
process upon the defendant at all addresses known to him or
her of defendant and further listing in his or her affidavit the
addresses at which he or she attempted to have process
served. However, if process is forwarded by registered mail
and defendant's endorsed receipt is received and entered as a
part of the return of process then the foregoing affidavit of
plaintiff's attorney need only show that the defendant
[2003 RCW Supp—page 645]
Chapter 46.68
Title 46 RCW: Motor Vehicles
received personal delivery by mail: PROVIDED FURTHER, That personal service outside of this state in accordance with the provisions of law relating to personal service
of summons outside of this state shall relieve the plaintiff
from mailing a copy of the summons or process by registered
mail as hereinbefore provided. The secretary of state shall
forthwith send one of such copies by mail, postage prepaid,
addressed to the defendant at the defendant's address, if
known to the secretary of state. The court in which the action
is brought may order such continuances as may be necessary
to afford the defendant reasonable opportunity to defend the
action. The fee paid by the plaintiff to the secretary of state
shall be taxed as part of his or her costs if he or she prevails
in the action. The secretary of state shall keep a record of all
such summons and processes, which shall show the day of
service. [2003 c 223 § 1; 1993 c 269 § 16; 1982 c 35 § 197;
1973 c 91 § 1; 1971 ex.s. c 69 § 1; 1961 c 12 § 46.64.040.
Prior: 1959 c 121 § 1; 1957 c 75 § 1; 1937 c 189 § 129; RRS
§ 6360-129.]
Rules of court: Cf. CR 12(a).
Effective date—1993 c 269: See note following RCW 23.86.070.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Deposit of fees in secretary of state's revolving fund: RCW 43.07.130.
Chapter 46.68
Chapter 46.68 RCW
DISPOSITION OF REVENUE
the beginning of the registration period for which the registration was purchased.
(3) Upon the refund being certified to the state treasurer
by the director as correct and being claimed in the time
required by law the state treasurer shall mail or deliver the
amount of each refund to the person entitled thereto. No
claim for refund shall be allowed for such erroneous payments unless filed with the director within three years after
such claimed erroneous payment was made.
(4) If due to error a person has been required to pay a
vehicle license fee under this title and an excise tax under
Title 82 RCW that amounts to an overpayment of ten dollars
or more, that person shall be entitled to a refund of the entire
amount of the overpayment, regardless of whether a refund of
the overpayment has been requested.
(5) If due to error the department or its agent has failed to
collect the full amount of the license fee and excise tax due
and the underpayment is in the amount of ten dollars or more,
the department shall charge and collect such additional
amount as will constitute full payment of the tax and fees.
(6) Any person who makes a false statement under which
he or she obtains a refund to which he or she is not entitled
under this section is guilty of a gross misdemeanor. [2003 c
53 § 248; 1997 c 22 § 1; 1996 c 31 § 1; 1993 c 307 § 2; 1989
c 68 § 1; 1979 c 120 § 1; 1967 c 32 § 73; 1961 c 12 §
46.68.010. Prior: 1937 c 188 § 76; RRS § 6312-76.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Sections
46.68.010
46.68.020
46.68.035
46.68.090
46.68.110
46.68.113
46.68.280
Erroneous payments—Refunds, underpayments—Penalty for
false statements. (Effective July 1, 2004.)
Disposition of fees for certificates of ownership.
Disposition of combined vehicle licensing fees.
Distribution of statewide fuel taxes.
Distribution of amount allocated to cities and towns.
Preservation rating.
Transportation 2003 account (nickel account).
46.68.010
46.68.010 Erroneous payments—Refunds, underpayments—Penalty for false statements. (Effective July 1,
2004.) (1) Whenever any license fee, paid under the provisions of this title, has been erroneously paid, either wholly or
in part, the payor is entitled to have refunded the amount so
erroneously paid.
(2) A license fee is refundable in one or more of the following circumstances: (a) If the vehicle for which the
renewal license was purchased was destroyed before the
beginning date of the registration period for which the
renewal fee was paid; (b) if the vehicle for which the renewal
license was purchased was permanently removed from the
state before the beginning date of the registration period for
which the renewal fee was paid; (c) if the vehicle license was
purchased after the owner has sold the vehicle; (d) if the vehicle is currently licensed in Washington and is subsequently
licensed in another jurisdiction, in which case any full
months of Washington fees between the date of license application in the other jurisdiction and the expiration of the
Washington license are refundable; or (e) if the vehicle for
which the renewal license was purchased is sold before the
beginning date of the registration period for which the
renewal fee was paid, and the payor returns the new, unused,
never affixed license renewal tabs to the department before
[2003 RCW Supp—page 646]
46.68.020
46.68.020 Disposition of fees for certificates of ownership. The director shall forward all fees for certificates of
ownership or other moneys accruing under the provisions of
chapter 46.12 RCW to the state treasurer, together with a
proper identifying detailed report. The state treasurer shall
credit such moneys as follows:
(1) The fees collected under *RCW 46.12.040(1) shall
be credited to the multimodal transportation account in RCW
47.66.070.
(2)(a) Beginning July 27, 2003, and until July 1, 2008,
the fees collected under RCW 46.12.080, 46.12.170, and
46.12.181 shall be credited as follows:
(i) 58.12 percent shall be credited to a segregated subaccount of the air pollution control account in RCW 70.94.015;
(ii) 15.71 percent shall be credited to the vessel response
account created in RCW 90.56.335; and
(iii) The remainder shall be credited into the transportation 2003 account (nickel account).
(b) Beginning July 1, 2008, and thereafter, the fees collected under RCW 46.12.080, 46.12.170, and 46.12.181 shall
be credited to the transportation 2003 account (nickel
account).
(3) All other fees under chapter 46.12 RCW shall be
credited to the motor vehicle account, unless specified otherwise. [2003 c 264 § 8; 2002 c 352 § 21; 1961 c 12 §
46.68.020. Prior: 1955 c 259 § 3; 1947 c 164 § 7; 1937 c 188
§ 11; Rem. Supp. 1947 § 6312-11.]
*Reviser's note: The section adding subsection numbers to RCW
46.12.040, 2003 c 264 § 6, was vetoed by the governor. Reference to the fee
in the first paragraph of RCW 46.12.040 is apparently intended.
Effective dates—2002 c 352: See note following RCW 46.09.070.
Disposition of Revenue
46.68.090
46.68.035
46.68.035 Disposition of combined vehicle licensing
fees. All proceeds from combined vehicle licensing fees
received by the director for vehicles licensed under RCW
46.16.070 and 46.16.085 shall be forwarded to the state treasurer to be distributed into accounts according to the following method:
(1) The sum of two dollars for each vehicle shall be
deposited into the multimodal transportation account, except
that for each vehicle registered by a county auditor or agent to
a county auditor pursuant to RCW 46.01.140, the sum of two
dollars shall be credited to the current county expense fund.
(2) The remainder shall be distributed as follows:
(a) 21.963 percent shall be deposited into the state patrol
highway account of the motor vehicle fund;
(b) 1.411 percent shall be deposited into the Puget Sound
ferry operations account of the motor vehicle fund;
(c) 7.240 percent shall be deposited into the transportation 2003 account (nickel account); and
(d) The remaining proceeds shall be deposited into the
motor vehicle fund. [2003 c 361 § 202; 2000 2nd sp.s. c 4 §
8; 1993 c 102 § 7; 1990 c 42 § 106; 1989 c 156 § 4; 1985 c
380 § 21.]
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Effective dates—2000 2nd sp.s. c 4 §§ 4-10: See note following RCW
43.89.010.
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16.070.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Application—1989 c 156: See note following RCW 46.16.070.
Effective date—1986 c 18; 1985 c 380: See RCW 46.87.901.
Severability—1985 c 380: See RCW 46.87.900.
46.68.090
46.68.090 Distribution of statewide fuel taxes. (1) All
moneys that have accrued or may accrue to the motor vehicle
fund from the motor vehicle fuel tax and special fuel tax shall
be first expended for purposes enumerated in (a) and (b) of
this subsection. The remaining net tax amount shall be distributed monthly by the state treasurer in accordance with
subsections (2), (3), and (4) of this section.
(a) For payment of refunds of motor vehicle fuel tax and
special fuel tax that has been paid and is refundable as provided by law;
(b) For payment of amounts to be expended pursuant to
appropriations for the administrative expenses of the offices
of state treasurer, state auditor, and the department of licensing of the state of Washington in the administration of the
motor vehicle fuel tax and the special fuel tax, which sums
shall be distributed monthly.
(2) All of the remaining net tax amount collected under
RCW 82.36.025(1) and 82.38.030(1) shall be distributed as
set forth in (a) through (j) of this section.
(a) For distribution to the motor vehicle fund an amount
equal to 44.387 percent to be expended for highway purposes
of the state as defined in RCW 46.68.130;
(b) For distribution to the special category C account,
hereby created in the motor vehicle fund, an amount equal to
3.2609 percent to be expended for special category C
projects. Special category C projects are category C projects
that, due to high cost only, will require bond financing to
complete construction.
The following criteria, listed in order of priority, shall be
used in determining which special category C projects have
the highest priority:
(i) Accident experience;
(ii) Fatal accident experience;
(iii) Capacity to move people and goods safely and at
reasonable speeds without undue congestion; and
(iv) Continuity of development of the highway transportation network.
Moneys deposited in the special category C account in
the motor vehicle fund may be used for payment of debt service on bonds the proceeds of which are used to finance special category C projects under this subsection (2)(b);
(c) For distribution to the Puget Sound ferry operations
account in the motor vehicle fund an amount equal to 2.3283
percent;
(d) For distribution to the Puget Sound capital construction account in the motor vehicle fund an amount equal to
2.3726 percent;
(e) For distribution to the urban arterial trust account in
the motor vehicle fund an amount equal to 7.5597 percent;
(f) For distribution to the transportation improvement
account in the motor vehicle fund an amount equal to 5.6739
percent and expended in accordance with RCW 47.26.086;
(g) For distribution to the cities and towns from the
motor vehicle fund an amount equal to 10.6961 percent in
accordance with RCW 46.68.110;
(h) For distribution to the counties from the motor vehicle fund an amount equal to 19.2287 percent: (i) Out of
which there shall be distributed from time to time, as directed
by the department of transportation, those sums as may be
necessary to carry out the provisions of RCW 47.56.725; and
(ii) less any amounts appropriated to the county road administration board to implement the provisions of RCW
47.56.725(4), with the balance of such county share to be distributed monthly as the same accrues for distribution in
accordance with RCW 46.68.120;
(i) For distribution to the county arterial preservation
account, hereby created in the motor vehicle fund an amount
equal to 1.9565 percent. These funds shall be distributed by
the county road administration board to counties in proportions corresponding to the number of paved arterial lane
miles in the unincorporated area of each county and shall be
used for improvements to sustain the structural, safety, and
operational integrity of county arterials. The county road
administration board shall adopt reasonable rules and
develop policies to implement this program and to assure that
a pavement management system is used;
(j) For distribution to the rural arterial trust account in
the motor vehicle fund an amount equal to 2.5363 percent
and expended in accordance with RCW 36.79.020.
(3) One hundred percent of the net tax amount collected
under RCW 82.36.025(2) and 82.38.030(2) shall be distributed to the transportation 2003 account (nickel account).
(4) Nothing in this section or in RCW 46.68.130 may be
construed so as to violate any terms or conditions contained
in any highway construction bond issues now or hereafter
authorized by statute and whose payment is by such statute
pledged to be paid from any excise taxes on motor vehicle
[2003 RCW Supp—page 647]
46.68.110
Title 46 RCW: Motor Vehicles
fuel and special fuels. [2003 c 361 § 403. Prior: 1999 c 269
§ 2; 1999 c 94 § 6; prior: 1994 c 225 § 2; 1994 c 179 § 3;
1991 c 342 § 56; 1990 c 42 § 102; 1983 1st ex.s. c 49 § 21;
1979 c 158 § 184; 1977 ex.s. c 317 § 8; 1967 c 32 § 74; 1961
ex.s. c 7 § 5; 1961 c 12 § 46.68.090; prior: 1943 c 115 § 3;
1939 c 181 § 2; Rem. Supp. 1943 § 6600-1d; 1937 c 208 §§
2, part, 3, part.]
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Effective date—1999 c 269: See note following RCW 36.78.070.
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
Effective date—1994 c 225: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect May 1,
1994." [1994 c 225 § 4.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Severability—Effective date—1983 1st ex.s. c 49: See RCW
36.79.900 and 36.79.901.
Effective dates—Severability—1977 ex.s. c 317: See notes following
RCW 82.36.010.
Rural arterial trust account: RCW 36.79.020.
Urban arterial trust account: RCW 47.26.080.
cent of the fuel tax distributed to the cities and towns in RCW
46.68.090(2)(g) shall be allocated to the incorporated cities
and towns in the manner set forth in subsection (5) of this section and subject to deductions in subsections (1), (2), and (3)
of this section, subject to RCW 35.76.050, to be used exclusively for: The construction, improvement, chip sealing,
seal-coating, and repair for arterial highways and city streets
as those terms are defined in RCW 46.04.030 and 46.04.120;
the maintenance of arterial highways and city streets for
those cities with a population of less than fifteen thousand; or
the payment of any municipal indebtedness which may be
incurred in the construction, improvement, chip sealing, sealcoating, and repair of arterial highways and city streets; and
(5) The balance remaining to the credit of incorporated
cities and towns after such deduction shall be apportioned
monthly as such funds accrue among the several cities and
towns within the state ratably on the basis of the population
last determined by the office of financial management. [2003
c 361 § 404. Prior: 1999 c 269 § 3; 1999 c 94 § 9; 1996 c 94
§ 1; prior: 1991 sp.s. c 15 § 46; 1991 c 342 § 59; 1989 1st
ex.s. c 6 § 41; 1987 1st ex.s. c 10 § 37; 1985 c 460 § 32; 1979
c 151 § 161; 1975 1st ex.s. c 100 § 1; 1961 ex.s. c 7 § 7; 1961
c 12 § 46.68.110; prior: 1957 c 175 § 11; 1949 c 143 § 1;
1943 c 83 § 2; 1941 c 232 § 1; 1939 c 181 § 4; Rem. Supp.
1949 § 6600-3a; 1937 c 208 §§ 2, part, 3, part.]
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
46.68.110
46.68.110 Distribution of amount allocated to cities
and towns. Funds credited to the incorporated cities and
towns of the state as set forth in RCW 46.68.090(2)(g) shall
be subject to deduction and distribution as follows:
(1) One and one-half percent of such sums distributed
under RCW 46.68.090(2)(g) shall be deducted monthly as
such sums are credited and set aside for the use of the department of transportation for the supervision of work and expenditures of such incorporated cities and towns on the city and
town streets thereof, including the supervision and administration of federal-aid programs for which the department of
transportation has responsibility: PROVIDED, That any
moneys so retained and not expended shall be credited in the
succeeding biennium to the incorporated cities and towns in
proportion to deductions herein made;
(2) Thirty-three one-hundredths of one percent of such
funds distributed under RCW 46.68.090(2)(g) shall be
deducted monthly, as such funds accrue, and set aside for the
use of the department of transportation for the purpose of
funding the cities' share of the costs of highway jurisdiction
studies and other studies. Any funds so retained and not
expended shall be credited in the succeeding biennium to the
cities in proportion to the deductions made;
(3) One percent of such funds distributed under RCW
46.68.090(2)(g) shall be deducted monthly, as such funds
accrue, to be deposited in the urban arterial trust account, to
implement the city hardship assistance program, as provided
in RCW 47.26.164. However, any moneys so retained and
not required to carry out the program as of July 1st of each
odd-numbered year thereafter, shall be provided within sixty
days to the treasurer and distributed in the manner prescribed
in subsection (5) of this section;
(4) After making the deductions under subsections (1)
through (3) of this section and RCW 35.76.050, 31.86 per[2003 RCW Supp—page 648]
Effective dates—2003 c 361: See note following RCW 82.08.020.
Effective date—1999 c 269: See note following RCW 36.78.070.
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
Construction—Severability—1991 sp.s. c 15: "The appropriations of
moneys and the designation of funds and accounts by this and other acts of
the 1991 legislature shall be construed in a manner consistent with legislation enacted by the 1985, 1987, and 1989 legislatures to conform state funds
and accounts with generally accepted accounting principles. If any provision
of this act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1991 sp.s. c 15 § 69.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
Severability—1989 1st ex.s. c 6: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 1st ex.s. c 6 § 75.]
Severability—1987 1st ex.s. c 10: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 1st ex.s. c 10 § 60.]
Severability—1985 c 460: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 460 § 42.]
Expense of cost-audit examination of city and town street records payable
from funds withheld under RCW 46.68.110(1): RCW 35.76.050.
Population determination, office of financial management: Chapter 43.62
RCW.
46.68.113
46.68.113 Preservation rating. During the 2003-2005
biennium, cities and towns shall provide to the transportation
commission, or its successor entity, preservation rating information on at least seventy percent of the total city and town
arterial network. Thereafter, the preservation rating information requirement shall increase in five percent increments in
subsequent biennia. The rating system used by cities and
Dealers and Manufacturers
towns must be based upon the Washington state pavement
rating method or an equivalent standard approved by the
transportation commission or its successor entity. [2003 c
363 § 305.]
Finding—Intent—2003 c 363: See note following RCW 35.84.060.
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
46.68.280
46.68.280 Transportation 2003 account (nickel
account). (1) The transportation 2003 account (nickel
account) is hereby created in the motor vehicle fund. Money
in the account may be spent only after appropriation. Expenditures from the account must be used only for projects or
improvements identified as transportation 2003 projects or
improvements in the omnibus transportation budget and to
pay the principal and interest on the bonds authorized for
transportation 2003 projects or improvements. Upon completion of the projects or improvements identified as transportation 2003 projects or improvements, moneys deposited
in this account must only be used to pay the principal and
interest on the bonds authorized for transportation 2003
projects or improvements, and any funds in the account in
excess of the amount necessary to make the principal and
interest payments may be used for maintenance on the completed projects or improvements.
(2) The "nickel account" means the transportation 2003
account. [2003 c 361 § 601.]
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Chapter 46.70 RCW
DEALERS AND MANUFACTURERS
Chapter 46.70
(Formerly: Unfair business practices—Dealers' licenses)
Sections
46.70.021
46.70.180
46.70.021
License required for dealers or manufacturers—Penalties.
(Effective July 1, 2004.)
Unlawful acts and practices.
46.70.021 License required for dealers or manufacturers—Penalties. (Effective July 1, 2004.) (1) It is unlawful for any person, firm, or association to act as a vehicle
dealer or vehicle manufacturer, to engage in business as such,
serve in the capacity of such, advertise himself, herself, or
themselves as such, solicit sales as such, or distribute or
transfer vehicles for resale in this state, without first obtaining and holding a current license as provided in this chapter,
unless the title of the vehicle is in the name of the seller.
(2) It is unlawful for any person other than a licensed
vehicle dealer to display a vehicle for sale unless the registered owner or legal owner is the displayer or holds a notarized power of attorney.
(3)(a) Except as provided in (b) of this subsection, a person or firm engaged in buying and offering for sale, or buying
and selling five or more vehicles in a twelve-month period, or
in any other way engaged in dealer activity without holding a
vehicle dealer license, is guilty of a gross misdemeanor, and
upon conviction subject to a fine of up to five thousand dollars for each violation and up to one year in jail.
46.70.180
(b) A second offense is a class C felony punishable under
chapter 9A.20 RCW.
(4) A violation of this section is also a per se violation of
chapter 19.86 RCW and is considered a deceptive practice.
(5) The department of licensing, the Washington state
patrol, the attorney general's office, and the department of
revenue shall cooperate in the enforcement of this section.
(6) A distributor, factory branch, or factory representative shall not be required to have a vehicle manufacturer
license so long as the vehicle manufacturer so represented is
properly licensed pursuant to this chapter.
(7) Nothing in this chapter prohibits financial institutions
from cooperating with vehicle dealers licensed under this
chapter in dealer sales or leases. However, financial institutions shall not broker vehicles and cooperation is limited to
organizing, promoting, and financing of such dealer sales or
leases. [2003 c 53 § 249; 1993 c 307 § 4; 1988 c 287 § 2;
1986 c 241 § 3; 1973 1st ex.s. c 132 § 3; 1967 ex.s. c 74 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.70.180
46.70.180 Unlawful acts and practices. Each of the
following acts or practices is unlawful:
(1) To cause or permit to be advertised, printed, displayed, published, distributed, broadcasted, televised, or disseminated in any manner whatsoever, any statement or representation with regard to the sale, lease, or financing of a vehicle which is false, deceptive, or misleading, including but not
limited to the following:
(a) That no down payment is required in connection with
the sale of a vehicle when a down payment is in fact required,
or that a vehicle may be purchased for a smaller down payment than is actually required;
(b) That a certain percentage of the sale price of a vehicle
may be financed when such financing is not offered in a single document evidencing the entire security transaction;
(c) That a certain percentage is the amount of the service
charge to be charged for financing, without stating whether
this percentage charge is a monthly amount or an amount to
be charged per year;
(d) That a new vehicle will be sold for a certain amount
above or below cost without computing cost as the exact
amount of the factory invoice on the specific vehicle to be
sold;
(e) That a vehicle will be sold upon a monthly payment
of a certain amount, without including in the statement the
number of payments of that same amount which are required
to liquidate the unpaid purchase price.
(2)(a) To incorporate within the terms of any purchase
and sale or lease agreement any statement or representation
with regard to the sale, lease, or financing of a vehicle which
is false, deceptive, or misleading, including but not limited to
terms that include as an added cost to the selling price or capitalized cost of a vehicle an amount for licensing or transfer
of title of that vehicle which is not actually due to the state,
unless such amount has in fact been paid by the dealer prior
to such sale. However, an amount not to exceed thirty-five
dollars per vehicle sale or lease may be charged by a dealer to
recover administrative costs for collecting motor vehicle
excise taxes, licensing and registration fees and other agency
fees, verifying and clearing titles, transferring titles, perfect[2003 RCW Supp—page 649]
46.70.180
Title 46 RCW: Motor Vehicles
ing, releasing, or satisfying liens or other security interests,
and other administrative and documentary services rendered
by a dealer in connection with the sale or lease of a vehicle
and in carrying out the requirements of this chapter or any
other provisions of state law.
(b) A dealer may charge the documentary service fee in
(a) of this subsection under the following conditions:
(i) The documentary service fee is disclosed in writing to
a prospective purchaser or lessee before the execution of a
purchase and sale or lease agreement;
(ii) The documentary service fee is not represented to the
purchaser or lessee as a fee or charge required by the state to
be paid by either the dealer or prospective purchaser or lessee;
(iii) The documentary service fee is separately designated from the selling price or capitalized cost of the vehicle
and from any other taxes, fees, or charges; and
(iv) Dealers disclose in any advertisement that a documentary service fee in an amount up to thirty-five dollars may
be added to the sale price or the capitalized cost.
For the purposes of this subsection (2), the term "documentary service fee" means the optional amount charged by a
dealer to provide the services specified in (a) of this subsection.
(3) To set up, promote, or aid in the promotion of a plan
by which vehicles are to be sold or leased to a person for a
consideration and upon further consideration that the purchaser or lessee agrees to secure one or more persons to participate in the plan by respectively making a similar purchase
and in turn agreeing to secure one or more persons likewise to
join in said plan, each purchaser or lessee being given the
right to secure money, credits, goods, or something of value,
depending upon the number of persons joining the plan.
(4) To commit, allow, or ratify any act of "bushing"
which is defined as follows: Taking from a prospective buyer
or lessee of a vehicle a written order or offer to purchase or
lease, or a contract document signed by the buyer or lessee,
which:
(a) Is subject to the dealer's, or his or her authorized representative's future acceptance, and the dealer fails or refuses
within three calendar days, exclusive of Saturday, Sunday, or
legal holiday, and prior to any further negotiations with said
buyer or lessee, either (i) to deliver to the buyer or lessee the
dealer's signed acceptance, or (ii) to void the order, offer, or
contract document and tender the return of any initial payment or security made or given by the buyer or lessee, including but not limited to money, check, promissory note, vehicle
keys, a trade-in, or certificate of title to a trade-in; or
(b) Permits the dealer to renegotiate a dollar amount
specified as trade-in allowance on a vehicle delivered or to be
delivered by the buyer or lessee as part of the purchase price
or lease, for any reason except:
(i) Failure to disclose that the vehicle's certificate of
ownership has been branded for any reason, including, but
not limited to, status as a rebuilt vehicle as provided in RCW
46.12.050 and 46.12.075; or
(ii) Substantial physical damage or latent mechanical
defect occurring before the dealer took possession of the
vehicle and which could not have been reasonably discoverable at the time of the taking of the order, offer, or contract; or
[2003 RCW Supp—page 650]
(iii) Excessive additional miles or a discrepancy in the
mileage. "Excessive additional miles" means the addition of
five hundred miles or more, as reflected on the vehicle's
odometer, between the time the vehicle was first valued by
the dealer for purposes of determining its trade-in value and
the time of actual delivery of the vehicle to the dealer. "A
discrepancy in the mileage" means (A) a discrepancy
between the mileage reflected on the vehicle's odometer and
the stated mileage on the signed odometer statement; or (B) a
discrepancy between the mileage stated on the signed odometer statement and the actual mileage on the vehicle; or
(c) Fails to comply with the obligation of any written
warranty or guarantee given by the dealer requiring the furnishing of services or repairs within a reasonable time.
(5) To commit any offense relating to odometers, as such
offenses are defined in RCW 46.37.540, 46.37.550,
46.37.560, and 46.37.570. A violation of this subsection is a
class C felony punishable under chapter 9A.20 RCW.
(6) For any vehicle dealer or vehicle salesperson to
refuse to furnish, upon request of a prospective purchaser or
lessee, for vehicles previously registered to a business or governmental entity, the name and address of the business or
governmental entity.
(7) To commit any other offense under RCW 46.37.423,
46.37.424, or 46.37.425.
(8) To commit any offense relating to a dealer's temporary license permit, including but not limited to failure to
properly complete each such permit, or the issuance of more
than one such permit on any one vehicle. However, a dealer
may issue a second temporary permit on a vehicle if the following conditions are met:
(a) The lienholder fails to deliver the vehicle title to the
dealer within the required time period;
(b) The dealer has satisfied the lien; and
(c) The dealer has proof that payment of the lien was
made within two calendar days, exclusive of Saturday, Sunday, or a legal holiday, after the sales contract has been executed by all parties and all conditions and contingencies in
the sales contract have been met or otherwise satisfied.
(9) For a dealer, salesperson, or mobile home manufacturer, having taken an instrument or cash "on deposit" from a
purchaser or lessee prior to the delivery of the bargained-for
vehicle, to commingle the "on deposit" funds with assets of
the dealer, salesperson, or mobile home manufacturer instead
of holding the "on deposit" funds as trustee in a separate trust
account until the purchaser or lessee has taken delivery of the
bargained-for vehicle. Delivery of a manufactured home
shall be deemed to occur in accordance with RCW
46.70.135(5). Failure, immediately upon receipt, to endorse
"on deposit" instruments to such a trust account, or to set
aside "on deposit" cash for deposit in such trust account, and
failure to deposit such instruments or cash in such trust
account by the close of banking hours on the day following
receipt thereof, shall be evidence of intent to commit this
unlawful practice: PROVIDED, HOWEVER, That a motor
vehicle dealer may keep a separate trust account which equals
his or her customary total customer deposits for vehicles for
future delivery. For purposes of this section, "on deposit"
funds received from a purchaser of a manufactured home
means those funds that a seller requires a purchaser to
advance before ordering the manufactured home, but does
Dealers and Manufacturers
not include any loan proceeds or moneys that might have
been paid on an installment contract.
(10) For a dealer or manufacturer to fail to comply with
the obligations of any written warranty or guarantee given by
the dealer or manufacturer requiring the furnishing of goods
and services or repairs within a reasonable period of time, or
to fail to furnish to a purchaser or lessee, all parts which
attach to the manufactured unit including but not limited to
the undercarriage, and all items specified in the terms of a
sales or lease agreement signed by the seller and buyer or lessee.
(11) For a vehicle dealer to pay to or receive from any
person, firm, partnership, association, or corporation acting,
either directly or through a subsidiary, as a buyer's agent for
consumers, any compensation, fee, purchase moneys or
funds that have been deposited into or withdrawn out of any
account controlled or used by any buyer's agent, gratuity, or
reward in connection with the purchase, sale, or lease of a
new motor vehicle.
(12) For a buyer's agent, acting directly or through a subsidiary, to pay to or to receive from any motor vehicle dealer
any compensation, fee, gratuity, or reward in connection with
the purchase, sale, or lease of a new motor vehicle. In addition, it is unlawful for any buyer's agent to engage in any of
the following acts on behalf of or in the name of the consumer:
(a) Receiving or paying any purchase moneys or funds
into or out of any account controlled or used by any buyer's
agent;
(b) Signing any vehicle purchase orders, sales contracts,
leases, odometer statements, or title documents, or having the
name of the buyer's agent appear on the vehicle purchase
order, sales contract, lease, or title; or
(c) Signing any other documentation relating to the purchase, sale, lease, or transfer of any new motor vehicle.
It is unlawful for a buyer's agent to use a power of attorney obtained from the consumer to accomplish or effect the
purchase, sale, lease, or transfer of ownership documents of
any new motor vehicle by any means which would otherwise
be prohibited under (a) through (c) of this subsection. However, the buyer's agent may use a power of attorney for physical delivery of motor vehicle license plates to the consumer.
Further, it is unlawful for a buyer's agent to engage in
any false, deceptive, or misleading advertising, disseminated
in any manner whatsoever, including but not limited to making any claim or statement that the buyer's agent offers,
obtains, or guarantees the lowest price on any motor vehicle
or words to similar effect.
(13) For a buyer's agent to arrange for or to negotiate the
purchase, or both, of a new motor vehicle through an out-ofstate dealer without disclosing in writing to the customer that
the new vehicle would not be subject to chapter 19.118 RCW.
This subsection also applies to leased vehicles. In addition, it
is unlawful for any buyer's agent to fail to have a written
agreement with the customer that: (a) Sets forth the terms of
the parties' agreement; (b) discloses to the customer the total
amount of any fees or other compensation being paid by the
customer to the buyer's agent for the agent's services; and (c)
further discloses whether the fee or any portion of the fee is
refundable.
46.70.180
(14) Being a manufacturer, other than a motorcycle manufacturer governed by *chapter 46.94 RCW, to:
(a) Coerce or attempt to coerce any vehicle dealer to
order or accept delivery of any vehicle or vehicles, parts or
accessories, or any other commodities which have not been
voluntarily ordered by the vehicle dealer: PROVIDED, That
recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute coercion;
(b) Cancel or fail to renew the franchise or selling agreement of any vehicle dealer doing business in this state without fairly compensating the dealer at a fair going business
value for his or her capital investment which shall include but
not be limited to tools, equipment, and parts inventory possessed by the dealer on the day he or she is notified of such
cancellation or termination and which are still within the
dealer's possession on the day the cancellation or termination
is effective, if: (i) The capital investment has been entered
into with reasonable and prudent business judgment for the
purpose of fulfilling the franchise; and (ii) the cancellation or
nonrenewal was not done in good faith. Good faith is defined
as the duty of each party to any franchise to act in a fair and
equitable manner towards each other, so as to guarantee one
party freedom from coercion, intimidation, or threats of coercion or intimidation from the other party: PROVIDED, That
recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute a lack of good
faith;
(c) Encourage, aid, abet, or teach a vehicle dealer to sell
or lease vehicles through any false, deceptive, or misleading
sales or financing practices including but not limited to those
practices declared unlawful in this section;
(d) Coerce or attempt to coerce a vehicle dealer to
engage in any practice forbidden in this section by either
threats of actual cancellation or failure to renew the dealer's
franchise agreement;
(e) Refuse to deliver any vehicle publicly advertised for
immediate delivery to any duly licensed vehicle dealer having a franchise or contractual agreement for the retail sale or
lease of new and unused vehicles sold or distributed by such
manufacturer within sixty days after such dealer's order has
been received in writing unless caused by inability to deliver
because of shortage or curtailment of material, labor, transportation, or utility services, or by any labor or production
difficulty, or by any cause beyond the reasonable control of
the manufacturer;
(f) To provide under the terms of any warranty that a purchaser or lessee of any new or unused vehicle that has been
sold or leased, distributed for sale or lease, or transferred into
this state for resale or lease by the vehicle manufacturer may
only make any warranty claim on any item included as an
integral part of the vehicle against the manufacturer of that
item.
Nothing in this section may be construed to impair the
obligations of a contract or to prevent a manufacturer, distributor, representative, or any other person, whether or not
licensed under this chapter, from requiring performance of a
written contract entered into with any licensee hereunder, nor
does the requirement of such performance constitute a violation of any of the provisions of this section if any such contract or the terms thereof requiring performance, have been
freely entered into and executed between the contracting par[2003 RCW Supp—page 651]
Chapter 46.72
Title 46 RCW: Motor Vehicles
ties. This paragraph and subsection (14)(b) of this section do
not apply to new motor vehicle manufacturers governed by
chapter 46.96 RCW.
(15) Unlawful transfer of an ownership interest in a
motor vehicle as defined in RCW 19.116.050.
(16) To knowingly and intentionally engage in collusion
with a registered owner of a vehicle to repossess and return or
resell the vehicle to the registered owner in an attempt to
avoid a suspended license impound under chapter 46.55
RCW. However, compliance with chapter 62A.9A RCW in
repossessing, selling, leasing, or otherwise disposing of the
vehicle, including providing redemption rights to the debtor,
is not a violation of this section. [2003 c 368 § 1. Prior: 2001
c 272 § 10; 2001 c 64 § 9; 1999 c 398 § 10; 1997 c 153 § 1;
1996 c 194 § 3; 1995 c 256 § 26; 1994 c 284 § 13; 1993 c 175
§ 3; 1990 c 44 § 14; 1989 c 415 § 20; 1986 c 241 § 18; 1985
c 472 § 13; 1981 c 152 § 6; 1977 ex.s. c 125 § 4; 1973 1st
ex.s. c 132 § 18; 1969 c 112 § 1; 1967 ex.s. c 74 § 16.]
*Reviser's note: Chapter 46.94 RCW was repealed by 2003 c 354 § 24.
Cf. chapter 46.93 RCW.
Severability—Effective date—1994 c 284: See RCW 43.63B.900 and
43.63B.901.
Severability—1990 c 44: See RCW 19.116.900.
Severability—1989 c 415: See RCW 46.96.900.
Severability—1985 c 472: See RCW 46.94.900.
Certificate of ownership—Failure to transfer within specified time: RCW
46.12.101.
Glass—Limited windows—Vehicle sale requirements: RCW 46.37.430.
Odometers—Disconnecting, resetting, turning back, replacing without notifying purchaser: RCW 46.37.540 through 46.37.570.
Tires—Vehicle sale requirements: RCW 46.37.425.
Chapter 46.72
Chapter 46.72 RCW
TRANSPORTATION OF PASSENGERS IN FOR
HIRE VEHICLES
Sections
46.72.100
Unprofessional conduct—Bond/insurance policy—Penalty.
(Effective July 1, 2004.)
1947 § 6386-9; prior: 1915 c 57 § 4; RRS § 6385. Formerly
RCW 81.72.100.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Chapter 46.72A
Chapter 46.72A RCW
LIMOUSINES
Sections
46.72A.060 Insurance—Amount—Penalty. (Effective July 1, 2004.)
46.72A.070 Vehicle certificates—Issuance of new or duplicate certificate—Penalty. (Effective July 1, 2004.)
46.72A.060
46.72A.060 Insurance—Amount—Penalty. (Effective July 1, 2004.) (1) The department shall require limousine carriers to obtain and continue in effect, liability and
property damage insurance from a company licensed to sell
liability insurance in this state for each limousine used to
transport persons for compensation.
(2) The department shall fix the amount of the insurance
policy or policies, giving consideration to the character and
amount of traffic, the number of persons affected, and the
degree of danger that the proposed operation involves. The
limousine carrier must maintain the liability and property
damage insurance in force on each motor-propelled vehicle
while so used.
(3) Failure to file and maintain in effect the insurance
required under this section is a gross misdemeanor. [2003 c
53 § 251; 1996 c 87 § 9.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.72A.070
46.72.100
46.72.100 Unprofessional conduct—Bond/insurance
policy—Penalty. (Effective July 1, 2004.) (1) In addition to
the unprofessional conduct specified in RCW 18.235.130, the
director may take disciplinary action if he or she has good
reason to believe that one of the following is true of the operator or the applicant for a permit or certificate: (a) He or she
is guilty of committing two or more offenses for which mandatory revocation of driver's license is provided by law; (b)
he or she has been convicted of vehicular homicide or vehicular assault; (c) he or she is intemperate or addicted to the use
of narcotics.
(2) Any for hire operator who operates a for hire vehicle
without first having filed a bond or insurance policy and having received a for hire permit and a for hire certificate as
required by this chapter is guilty of a gross misdemeanor, and
upon conviction shall be punished by imprisonment in jail for
a period not exceeding ninety days or a fine of not exceeding
five hundred dollars, or both fine and imprisonment. [2003 c
53 § 250; 2002 c 86 § 293; 1983 c 164 § 8; 1967 c 32 § 86;
1961 c 12 § 46.72.100. Prior: 1947 c 253 § 9; Rem. Supp.
[2003 RCW Supp—page 652]
46.72A.070 Vehicle certificates—Issuance of new or
duplicate certificate—Penalty. (Effective July 1, 2004.)
(1) If the limousine carrier substitutes a liability and property
damage insurance policy after a vehicle certificate has been
issued, a new vehicle certificate is required. The limousine
carrier shall submit the substituted policy to the department
for approval, together with a fee. If the department approves
the substituted policy, the department shall issue a new vehicle certificate.
(2) If a vehicle certificate has been lost, destroyed, or
stolen, a duplicate vehicle certificate may be obtained by filing an affidavit of loss and paying a fee.
(3)(a) Except as provided in (b) of this subsection, a limousine carrier who operates a vehicle without first having
received a vehicle certificate as required by this chapter is
guilty of a misdemeanor.
(b) A second or subsequent offense is a gross misdemeanor. [2003 c 53 § 252; 1996 c 87 § 10.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Vehicle Wreckers
Chapter 46.80
Chapter 46.80 RCW
VEHICLE WRECKERS
(Formerly: Motor vehicle wreckers)
Sections
46.80.020
46.80.190
License required—Penalty. (Effective July 1, 2004.)
Subpoenas. (Effective July 1, 2004.)
46.81A.020
(3) "Director" means the director of licensing.
(4) "Motorcycle" means a motorcycle licensed under
chapter 46.16 RCW, and does not include motorized bicycles, mopeds, scooters, motorized foot scooters, off-road
motorcycles, motorized tricycles, side-car equipped motorcycles, or four-wheel all-terrain vehicles. [2003 c 353 § 11;
1988 c 227 § 2.]
Effective date—2003 c 353: See note following RCW 46.04.320.
46.80.020
46.80.020 License required—Penalty. (Effective July
1, 2004.) (1) It is unlawful for a person to engage in the business of wrecking vehicles without having first applied for and
received a license.
(2)(a) Except as provided in (b) of this subsection, a person or firm engaged in the unlawful activity described in this
section is guilty of a gross misdemeanor.
(b) A second or subsequent offense is a class C felony
punishable according to chapter 9A.20 RCW. [2003 c 53 §
253; 1995 c 256 § 5; 1979 c 158 § 192; 1977 ex.s. c 253 § 3;
1971 ex.s. c 7 § 1; 1967 c 32 § 94; 1961 c 12 § 46.80.020.
Prior: 1947 c 262 § 2; Rem. Supp. 1947 § 8326-41.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.190
46.80.190 Subpoenas. (Effective July 1, 2004.) (1)
The department of licensing or its authorized agent may
examine or subpoena any persons, books, papers, records,
data, vehicles, or vehicle parts bearing upon the investigation
or proceeding under this chapter.
(2) The persons subpoenaed may be required to testify
and produce any books, papers, records, data, vehicles, or
vehicle parts that the director deems relevant or material to
the inquiry.
(3) The director or an authorized agent may administer
an oath to the person required to testify, and a person giving
false testimony after the administration of the oath is guilty of
perjury in the first degree under RCW 9A.72.020.
(4) A court of competent jurisdiction may, upon application by the director, issue to a person who fails to comply, an
order to appear before the director or officer designated by
the director, to produce documentary or other evidence
touching the matter under investigation or in question. [2003
c 53 § 254; 1995 c 256 § 20.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 46.81A RCW
MOTORCYCLE SKILLS EDUCATION PROGRAM
Chapter 46.81A
Sections
46.81A.010 Definitions. (Effective until January 1, 2004.)
46.81A.010 Definitions. (Effective January 1, 2004.)
46.81A.020 Powers and duties of director, department. (Effective January
1, 2004.)
46.81A.010
46.81A.010 Definitions. (Effective until January 1,
2004.) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Motorcycle skills education program" means a
motorcycle rider skills training program to be administered
by the department.
(2) "Department" means the department of licensing.
46.81A.010
46.81A.010 Definitions. (Effective January 1, 2004.)
Unless the context clearly requires otherwise, the definitions
in this section apply throughout this chapter.
(1) "Motorcycle skills education program" means a
motorcycle rider skills training program to be administered
by the department.
(2) "Department" means the department of licensing.
(3) "Director" means the director of licensing.
(4) "Motorcycle" means a motor vehicle designed to
travel on not more than three wheels in contact with the
ground, on which the driver rides astride the motor unit or
power train and is designed to be steered with a handle bar,
but excluding farm tractors, electric personal assistive mobility devices, mopeds, motorized foot scooters, motorized
bicycles, and off-road motorcycles. [2003 c 353 § 11; 2003 c
41 § 4; 1988 c 227 § 2.]
Reviser's note: This section was amended by 2003 c 41 § 4 and by
2003 c 353 § 11, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 353: See note following RCW 46.04.320.
Short title—Effective date—2003 c 41: See notes following RCW
46.20.500.
46.81A.020
46.81A.020 Powers and duties of director, department. (Effective January 1, 2004.) (1) The director shall
administer and enforce the law pertaining to the motorcycle
skills education program as set forth in this chapter.
(2) The director may adopt and enforce reasonable rules
that are consistent with this chapter.
(3) The director shall revise the Washington motorcycle
safety program to:
(a) Institute separate novice and advanced motorcycle
skills education courses for both two-wheeled and threewheeled motorcycles that are each a minimum of eight hours
and no more than sixteen hours at a cost of (i) no more than
fifty dollars for Washington state residents under the age of
eighteen, and (ii) no more than one hundred dollars for Washington state residents who are eighteen years of age or older
and military personnel of any age stationed in Washington
state;
(b) Encourage the use of loaned or used motorcycles for
use in the motorcycle skills education course if the instructor
approves them;
(c) Require all instructors for two-wheeled motorcycles
to conduct at least three classes in a one-year period, and all
instructors for three-wheeled motorcycles to conduct at least
one class in a one-year period, to maintain their teaching eligibility;
(d) Encourage the use of radio or intercom equipped helmets when, in the opinion of the instructor, radio or intercom
equipped helmets improve the quality of instruction.
[2003 RCW Supp—page 653]
Chapter 46.87
Title 46 RCW: Motor Vehicles
(4) The department may enter into agreements to review
and certify that a private motorcycle skills education course
meets educational standards equivalent to those required of
courses conducted under the motorcycle skills education program. An agreement entered into under this subsection must
provide that the department may conduct periodic audits to
ensure that educational standards continue to meet those
required for courses conducted under the motorcycle skills
education program, and that the costs of the review, certification, and audit process will be borne by the party seeking certification.
(5) The department shall obtain and compile information
from applicants for a motorcycle endorsement regarding
whether they have completed a state approved or certified
motorcycle skills education course. [2003 c 41 § 5; 2002 c
197 § 2; 1998 c 245 § 91; 1993 c 115 § 2; 1988 c 227 § 3.]
Short title—Effective date—2003 c 41: See notes following RCW
46.20.500.
Chapter 46.87
Chapter 46.87 RCW
PROPORTIONAL REGISTRATION
(Formerly: International Registration Plan)
Sections
46.87.020
46.87.140
46.87.260
46.87.290
46.87.294
46.87.296
Definitions.
Application—Filing, contents—Fees and taxes—Assessments, due date.
Alteration or forgery of cab card or letter of authority—Penalty. (Effective July 1, 2004.)
Refusal, cancellation of application, cab card—Procedures,
penalties. (Effective July 1, 2004.)
Refusal under federal prohibition.
Suspension, revocation under federal prohibition.
46.87.020
46.87.020 Definitions. Terms used in this chapter have
the meaning given to them in the International Registration
Plan (IRP), the Uniform Vehicle Registration, Proration, and
Reciprocity Agreement (Western Compact), chapter 46.04
RCW, or as otherwise defined in this section. Definitions
given to terms by the IRP and the Western Compact, as applicable, shall prevail unless given a different meaning in this
chapter or in rules adopted under authority of this chapter.
(1) "Apportionable vehicle" has the meaning given by
the IRP, except that it does not include vehicles with a
declared gross weight of twelve thousand pounds or less.
Apportionable vehicles include trucks, tractors, truck tractors, road tractors, and buses, each as separate and licensable
vehicles. For IRP jurisdictions that require the registration of
nonmotor vehicles, this term may include trailers, semitrailers, and pole trailers as applicable, each as separate and licensable vehicles.
(2) "Cab card" is a certificate of registration issued for a
vehicle by the registering jurisdiction under the Western
Compact. Under the IRP, it is a certificate of registration
issued by the base jurisdiction for a vehicle upon which is
disclosed the jurisdictions and registered gross weights in
such jurisdictions for which the vehicle is registered.
(3) "Commercial vehicle" is a term used by the Western
Compact and means any vehicle, except recreational vehicles, vehicles displaying restricted plates, and government
owned or leased vehicles, that is operated and registered in
more than one jurisdiction and is used or maintained for the
transportation of persons for hire, compensation, or profit, or
[2003 RCW Supp—page 654]
is designed, used, or maintained primarily for the transportation of property and:
(a) Is a motor vehicle having a declared gross weight in
excess of twenty-six thousand pounds; or
(b) Is a motor vehicle having three or more axles with a
declared gross weight in excess of twelve thousand pounds;
or
(c) Is a motor vehicle, trailer, pole trailer, or semitrailer
used in combination when the gross weight or declared gross
weight of the combination exceeds twenty-six thousand
pounds combined gross weight. The nonmotor vehicles mentioned are only applicable to those jurisdictions requiring the
registration of such vehicles.
Although a two-axle motor vehicle, trailer, pole trailer,
semitrailer, or any combination of such vehicles with an
actual or declared gross weight or declared combined gross
weight exceeding twelve thousand pounds but not more than
twenty-six thousand is not considered to be a commercial
vehicle, at the option of the owner, such vehicles may be considered as "commercial vehicles" for the purpose of proportional registration. The nonmotor vehicles mentioned are
only applicable to those jurisdictions requiring the registration of such vehicles.
Commercial vehicles include trucks, tractors, truck tractors, road tractors, and buses. Trailers, pole trailers, and
semitrailers, will also be considered as commercial vehicles
for those jurisdictions who require registration of such vehicles.
(4) "Credentials" means cab cards, apportioned plates
(for Washington-based fleets), and validation tabs issued for
proportionally registered vehicles.
(5) "Declared combined gross weight" means the total
unladen weight of any combination of vehicles plus the
weight of the maximum load to be carried on the combination
of vehicles as set by the registrant in the application pursuant
to chapter 46.44 RCW and for which registration fees have
been or are to be paid.
(6) "Declared gross weight" means the total unladen
weight of any vehicle plus the weight of the maximum load to
be carried on the vehicle as set by the registrant in the application pursuant to chapter 46.44 RCW and for which registration fees have been or are to be paid. In the case of a bus, auto
stage, or a passenger-carrying for hire vehicle with a seating
capacity of more than six, the declared gross weight shall be
determined by multiplying the average load factor of one
hundred and fifty pounds by the number of seats in the vehicle, including the driver's seat, and add this amount to the
unladen weight of the vehicle. If the resultant gross weight is
not listed in RCW 46.16.070, it will be increased to the next
higher gross weight so listed pursuant to chapter 46.44 RCW.
(7) "Department" means the department of licensing.
(8) "Fleet" means one or more commercial vehicles in
the Western Compact and one or more apportionable vehicles
in the IRP.
(9) "In-jurisdiction miles" means the total miles accumulated in a jurisdiction during the preceding year by vehicles of
the fleet while they were a part of the fleet.
(10) "IRP" means the International Registration Plan.
(11) "Jurisdiction" means and includes a state, territory
or possession of the United States, the District of Columbia,
Proportional Registration
the Commonwealth of Puerto Rico, a foreign country, and a
state or province of a foreign country.
(12) "Motor carrier" means an entity engaged in the
transportation of goods or persons. The term includes a forhire motor carrier, private motor carrier, contract motor carrier, or exempt motor carrier. The term includes a registrant
licensed under this chapter, a motor vehicle lessor, and a
motor vehicle lessee.
(13) "Owner" means a person or business firm who holds
the legal title to a vehicle, or if a vehicle is the subject of an
agreement for its conditional sale with the right of purchase
upon performance of the conditions stated in the agreement
and with an immediate right of possession vested in the conditional vendee, or if a vehicle is subject to a lease, contract,
or other legal arrangement vesting right of possession or control, for security or otherwise, or if a mortgagor of a vehicle
is entitled to possession, then the owner is deemed to be the
person or business firm in whom is vested right of possession
or control.
(14) "Preceding year" means the period of twelve consecutive months immediately before July 1st of the year
immediately before the commencement of the registration or
license year for which apportioned registration is sought.
(15) "Properly registered," as applied to the place of registration under the provisions of the Western Compact,
means:
(a) In the case of a commercial vehicle, the jurisdiction
in which it is registered if the commercial enterprise in which
the vehicle is used has a place of business therein, and, if the
vehicle is most frequently dispatched, garaged, serviced,
maintained, operated, or otherwise controlled in or from that
place of business, and the vehicle has been assigned to that
place of business; or
(b) In the case of a commercial vehicle, the jurisdiction
where, because of an agreement or arrangement between two
or more jurisdictions, or pursuant to a declaration, the vehicle
has been registered as required by that jurisdiction.
In case of doubt or dispute as to the proper place of registration of a commercial vehicle, the department shall make
the final determination, but in making such determination,
may confer with departments of the other jurisdictions
affected.
(16) "Prorate percentage" is the factor that is applied to
the total proratable fees and taxes to determine the apportionable or prorate fees required for registration in a particular
jurisdiction. It is determined by dividing the in-jurisdiction
miles for a particular jurisdiction by the total miles. This
term is synonymous with the term "mileage percentage."
(17) "Registrant" means a person, business firm, or corporation in whose name or names a vehicle or fleet of vehicles is registered.
(18) "Registration year" means the twelve-month period
during which the registration plates issued by the base jurisdiction are valid according to the laws of the base jurisdiction.
(19) "Total miles" means the total number of miles accumulated in all jurisdictions during the preceding year by all
vehicles of the fleet while they were a part of the fleet. Mileage accumulated by vehicles of the fleet that did not engage
in interstate operations is not included in the fleet miles.
46.87.140
(20) "Western Compact" means the Uniform Vehicle
Registration, Proration, and Reciprocity Agreement. [2003 c
85 § 1; 1997 c 183 § 2; 1994 c 262 § 12; 1993 c 307 § 12;
1991 c 163 § 4; 1990 c 42 § 111; 1987 c 244 § 16; 1985 c 380
§ 2.]
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.140
46.87.140 Application—Filing, contents—Fees and
taxes—Assessments, due date. (1) Any owner engaged in
interstate operations of one or more fleets of apportionable or
commercial vehicles may, in lieu of registration of the vehicles under chapter 46.16 RCW, register and license the vehicles of each fleet under this chapter by filing a proportional
registration application for each fleet with the department.
The nonmotor vehicles of Washington-based fleets which are
operated in IRP jurisdictions that require registration of such
vehicles may be proportionally registered for operation in
those jurisdictions as herein provided. The application shall
contain the following information and such other information
pertinent to vehicle registration as the department may
require:
(a) A description and identification of each vehicle of the
fleet. Motor vehicles and nonpower units shall be placed in
separate fleets.
(b) If registering under the provisions of the IRP, the registrant shall also indicate member jurisdictions in which registration is desired and furnish such other information as
those member jurisdictions require.
(c) An original or renewal application shall also be
accompanied by a mileage schedule for each fleet.
(d) The USDOT number issued to the registrant and the
USDOT number of the motor carrier responsible for the
safety of the vehicle, if different.
(e) A completed Motor Carrier Identification Report
(MCS-150) at the time of fleet renewal or at the time of vehicle registration, if required by the department.
(f) The Taxpayer Identification Number of the registrant
and the motor carrier responsible for the safety of the vehicle,
if different.
(2) Each application shall, at the time and in the manner
required by the department, be supported by payment of a fee
computed as follows:
(a) Divide the in-jurisdiction miles by the total miles and
carry the answer to the nearest thousandth of a percent (three
places beyond the decimal, e.g. 10.543%). This factor is
known as the prorate percentage.
(b) Determine the total proratable fees and taxes required
for each vehicle in the fleet for which registration is
requested, based on the regular annual fees and taxes or
applicable fees and taxes for the unexpired portion of the registration year under the laws of each jurisdiction for which
fees or taxes are to be calculated.
Washington-based nonmotor vehicles shall normally be
fully licensed under the provisions of chapter 46.16 RCW. If
these vehicles are being operated in jurisdictions that require
the registration of such vehicles, the applicable vehicles may
be considered as apportionable vehicles for the purpose of
registration in those jurisdictions and this state. The prorate
percentage for which registration fees and taxes were paid to
[2003 RCW Supp—page 655]
46.87.260
Title 46 RCW: Motor Vehicles
such jurisdictions may be credited toward the one hundred
percent of registration fees and taxes due this state for full
licensing. Applicable fees and taxes for vehicles of Washington-based fleets are those prescribed under RCW 46.16.070,
46.16.085, and 82.38.075, as applicable. If, during the registration period, the lessor of an apportioned vehicle changes
and the vehicle remains in the fleet of the registrant, the
department shall only charge those fees prescribed for the
issuance of new apportioned license plates, validation tabs,
and cab card.
(c) Multiply the total, proratable fees or taxes for each
motor vehicle by the prorate percentage applicable to the
desired jurisdiction and round the results to the nearest cent.
Fees and taxes for nonmotor vehicles being prorated will be
calculated as indicated in (b) of this subsection.
(d) Add the total fees and taxes determined in (c) of this
subsection for each vehicle to the nonproratable fees required
under the laws of the jurisdiction for which fees are being calculated. Nonproratable fees required for vehicles of Washington-based fleets are the administrative fee required by
RCW 82.38.075, if applicable, and the vehicle transaction fee
pursuant to the provisions of RCW 46.87.130.
(e) Add the total fees and taxes determined in (d) of this
subsection for each vehicle listed on the application. Assuming the fees and taxes calculated were for Washington, this
would be the amount due and payable for the application
under the provisions of the Western Compact. Under the provisions of the IRP, the amount due and payable for the application would be the sum of the fees and taxes referred to in
(d) of this subsection, calculated for each member jurisdiction in which registration of the fleet is desired.
(3) All assessments for proportional registration fees are
due and payable in United States funds on the date presented
or mailed to the registrant at the address listed in the proportional registration records of the department. The registrant
may petition for reassessment of the fees or taxes due under
this section within thirty days of the date of original service
as provided for in this chapter. [2003 c 85 § 2; 1997 c 183 §
5; 1991 c 339 § 10; 1990 c 42 § 114; 1987 c 244 § 27.]
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.260
46.87.260 Alteration or forgery of cab card or letter
of authority—Penalty. (Effective July 1, 2004.) Any person who alters or forges or causes to be altered or forged any
cab card, letter of authority, or other temporary authority
issued by the department under this chapter or holds or uses a
cab card, letter of authority, or other temporary authority,
knowing the document to have been altered or forged, is
guilty of a class B felony punishable according to chapter
9A.20 RCW. [2003 c 53 § 255; 1987 c 244 § 39.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.290
46.87.290 Refusal, cancellation of application, cab
card—Procedures, penalties. (Effective July 1, 2004.) (1)
If the department determines at any time that an applicant for
proportional registration of a vehicle or a fleet of vehicles is
not entitled to a cab card for a vehicle or fleet of vehicles, the
[2003 RCW Supp—page 656]
department may refuse to issue the cab card(s) or to license
the vehicle or fleet of vehicles and may for like reason, after
notice, and in the exercise of discretion, cancel the cab
card(s) and license plate(s) already issued. The department
shall send the notice of cancellation by first class mail,
addressed to the owner of the vehicle in question at the
owner's address as it appears in the proportional registration
records of the department, and record the transmittal on an
affidavit of first class mail. It is then unlawful for any person
to remove, drive, or operate the vehicle(s) until a proper certificate(s) of registration or cab card(s) has been issued.
(2) Any person removing, driving, or operating the vehicle(s) after the refusal of the department to issue a cab
card(s), certificate(s) of registration, license plate(s), or the
revocation or cancellation of the cab card(s), certificate(s) of
registration, or license plate(s) is guilty of a gross misdemeanor.
(3) At the discretion of the department, a vehicle that has
been moved, driven, or operated in violation of this section
may be impounded by the Washington state patrol, county
sheriff, or city police in a manner directed for such cases by
the chief of the Washington state patrol until proper registration and license plate have been issued. [2003 c 53 § 256;
1997 c 183 § 6; 1987 c 244 § 42.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.294
46.87.294 Refusal under federal prohibition. The
department shall refuse to register a vehicle under this chapter if the registrant or motor carrier responsible for the safety
of the vehicle has been prohibited under federal law from
operating by the Federal Motor Carrier Safety Administration. [2003 c 85 § 3.]
46.87.296
46.87.296 Suspension, revocation under federal prohibition. The department shall suspend or revoke the registration of a vehicle registered under this chapter if the registrant or motor carrier responsible for the safety of the vehicle
has been prohibited under federal law from operating by the
Federal Motor Carrier Safety Administration. [2003 c 85 §
4.]
Chapter 46.93 RCW
MOTORSPORTS VEHICLES—DEALER AND
MANUFACTURER FRANCHISES
Chapter 46.93
Sections
46.93.010
46.93.020
46.93.030
46.93.040
46.93.050
46.93.060
46.93.070
46.93.080
46.93.090
46.93.100
46.93.110
46.93.120
46.93.130
46.93.140
Findings—Intent.
Definitions.
Termination, cancellation, nonrenewal of franchise restricted.
Determination of good cause, good faith—Petition, notice,
decision, appeal.
Determination of good cause, good faith—Hearing, decision,
procedures—Judicial review.
Good cause, what constitutes—Burden of proof.
Notice of termination, cancellation, or nonrenewal.
Payments by manufacturer to dealer for inventory, equipment,
etc.
Mitigation of damages.
Warranty work.
Designated successor to franchise ownership.
Relevant market area—New or relocated dealerships, notice
of.
Protest of new or relocated dealership—Hearing—Arbitration.
Factors considered by administrative law judge.
Motorsports Vehicles—Dealer and Manufacturer Franchises
46.93.150
46.93.160
46.93.170
46.93.180
46.93.190
46.93.200
46.93.900
46.93.901
Hearing—Procedures, costs, appeal.
Relocation requirements—Exceptions.
Unfair practices.
Sale, transfer, or exchange of franchise.
Petition and hearing filing fees, costs, security.
Department defining additional motorsports vehicles.
Severability.
Captions not law.
46.93.010
46.93.010 Findings—Intent. The legislature finds and
declares that the distribution and sale of motorsports vehicles
in this state vitally affect the general economy of the state and
the public interest and public welfare, that provision for warranty service to motorsports vehicles is of substantial concern
to the people of this state, that the maintenance of fair competition among dealers and others is in the public interest, and
that the maintenance of strong and sound dealerships is
essential to provide continuing and necessary reliable services to the consuming public in this state and to provide stable employment to the citizens of this state. The legislature
further finds that there is a substantial disparity in bargaining
power between motorsports vehicle manufacturers and their
dealers, and that in order to promote the public interest and
the public welfare, and in the exercise of its police power, it
is necessary to regulate the relationship between motorsports
vehicle dealers and motorsports vehicle manufacturers,
importers, distributors, and their representatives doing business in this state, not only for the protection of dealers but
also for the benefit for the public in assuring the continued
availability and servicing of motorsports vehicles sold to the
public.
The legislature recognizes it is in the best interest for
manufacturers and dealers of motorsports vehicles to conduct
business with each other in a fair, efficient, and competitive
manner. The legislature declares the public interest is best
served by dealers being assured of the ability to manage their
business enterprises under a contractual obligation with manufacturers where dealers do not experience unreasonable
interference and are assured of the ability to transfer ownership of their business without undue constraints. It is the
intent of the legislature to impose a regulatory scheme and to
regulate competition in the motorsports vehicle industry to
the extent necessary to balance fairness and efficiency.
These actions will permit motorsports vehicle dealers to better serve consumers and allow dealers to devote their best
competitive efforts and resources to the sale and services of
the manufacturer's products to consumers. [2003 c 354 § 1.]
46.93.020
46.93.020 Definitions. The definitions in this section
apply throughout this chapter.
(1) "Department" means the department of licensing.
(2) "Director" means the director of the department of
licensing.
(3) "Franchise" means one or more agreements, whether
oral or written, between a manufacturer and a new motorsports vehicle dealer, under which the new motorsports vehicle dealer is authorized to sell, service, and repair new motorsports vehicles, parts, and accessories under a common name,
trade name, trademark, or service mark of the manufacturer.
"Franchise" includes an oral or written contract and
includes a dealer agreement, either expressed or implied,
between a manufacturer and a new motorsports vehicle
dealer that purports to fix the legal rights and liabilities
46.93.020
between the parties and under which (a) the dealer is granted
the right to purchase and resell motorsports vehicles manufactured, distributed, or imported by the manufacturer; (b) the
dealer's business is associated with the trademark, trade
name, commercial symbol, or advertisement designating the
franchisor or the products distributed by the manufacturer;
and (c) the dealer's business relies on the manufacturer for a
continued supply of motorsports vehicles, parts, and accessories.
(4) "Good faith" means honesty in fact and fair dealing in
the trade as defined and interpreted in RCW 62A.2-103.
(5) "Designated successor" means:
(a) The spouse, biological or adopted child, grandchild,
parent, brother, or sister of the owner of a new motorsports
vehicle dealership who, in the case of the owner's death, is
entitled to inherit the ownership interest in the new motorsports vehicle dealership under the terms of the owner's will
or similar document, and if there is no such will or similar
document, then under applicable intestate laws;
(b) A qualified person experienced in the business of a
new motorsports vehicle dealer who has been nominated by
the owner of a new motorsports vehicle dealership as the successor in a written, notarized, and witnessed instrument submitted to the manufacturer; or
(c) In the case of an incapacitated owner of a new motorsports vehicle dealership, the person who has been appointed
by a court as the legal representative of the incapacitated
owner's property.
(6) "Manufacturer" means a person, firm, association,
corporation, or trust, resident or nonresident, who manufactures or assembles new and unused motorsports vehicles or
remanufactures motorsports vehicles in whole or in part and
further includes the terms:
(a) "Distributor," which means a person, firm, association, corporation, or trust, resident or nonresident, who in
whole or in part offers for sale, sells, or distributes new and
unused motorsports vehicles to vehicle dealers or who maintains factory representatives.
(b) "Factory branch," which means a branch office maintained by a manufacturer for the purpose of selling or offering
for sale, motorsports vehicles to a distributor, wholesaler, or
vehicle dealer, or for directing or supervising in whole or in
part factory or distributor representatives, and further
includes a sales promotion organization, whether a person,
firm, or corporation, that is engaged in promoting the sale of
new and unused motorsports vehicles in this state of a particular brand or make to vehicle dealers.
(c) "Factory representative," which means a representative employed by a manufacturer, distributor, or factory
branch for the purpose of making or promoting for the sale of
their motorsports vehicles or for supervising or contracting
with their dealers or prospective dealers.
(7) "Motorsports vehicle" means a motorcycle as defined
in RCW 46.04.330; a moped as defined in RCW 46.04.304; a
motor-driven cycle as defined in RCW 46.04.332; a personal
watercraft as defined in RCW 79A.60.010; a snowmobile as
defined in RCW 46.10.010; a four-wheel, all-terrain vehicle;
and any other motorsports vehicle defined under RCW
46.93.200 by the department that is otherwise not subject to
chapter 46.96 RCW.
[2003 RCW Supp—page 657]
46.93.030
Title 46 RCW: Motor Vehicles
(8) "New motorsports vehicle dealer" or "dealer" means
a person engaged in the business of buying, selling, exchanging, or otherwise dealing in new motorsports vehicles or new
and used motorsports vehicles at an established place of business under a franchise, sales and service agreement, or any
other contract with a manufacturer of any one or more types
of new motorsports vehicles. The term does not include a
miscellaneous vehicle dealer as defined in RCW 46.70.011.
(9) "Owner" means a person holding an ownership interest in the business entity operating as a new motorsports vehicle dealer and who is the designated dealer in the new motorsports vehicle franchise agreement.
(10) "Person" means a natural person, partnership, stock
company, corporation, trust, agency, or any other legal entity,
as well as any individual officers, directors, or other persons
in active control of the activities of the entity.
(11) "Place of business" means a permanent, enclosed
commercial building, situated within this state, and the real
property on which it is located, at which the business of a
motorsports vehicle dealer, including the display and repair
of motorsports vehicles, may be lawfully conducted in accordance with the terms of all applicable laws and at which the
public may contact the motorsports vehicle dealer and
employees at all reasonable times.
(12) "Relevant market area" is defined as follows:
(a) If the population in the county in which the existing,
proposed new, or relocated dealership is located or is to be
located is four hundred thousand or more, the relevant market
area is the geographic area within the radius of ten miles
around the existing, proposed new, or relocated place of business for the dealership;
(b) If the population in the county in which the existing,
proposed new, or relocated dealership is to be located is two
hundred thousand or more and less than four hundred thousand, the relevant market area is the geographic area within a
radius of twelve miles around the existing, proposed new, or
relocated place of business for the dealership;
(c) If the population in the county in which the existing,
proposed new, or relocated dealership is to be located is less
than two hundred thousand, the relevant market area is the
geographic area within a radius of twenty miles around the
existing, proposed new, or relocated place of business for the
dealership;
(d) In determining population for this definition, the
most recent census by the United States Bureau of Census or
the most recent population update, either from the National
Planning Data Corporation or other similar recognized
source, will be accumulated for all census tracts either wholly
or partially within the relevant market area. [2003 c 354 § 2.]
46.93.030
46.93.030 Termination, cancellation, nonrenewal of
franchise restricted. Notwithstanding the terms of a franchise and notwithstanding the terms of a waiver, no manufacturer may terminate, cancel, or fail to renew a franchise with
a new motorsports vehicle dealer, unless the manufacturer
has complied with the notice requirements of RCW
46.93.070 and an administrative law judge has determined, if
requested in writing by the dealer within forty-five days of
receiving a notice from a manufacturer, after hearing, that
there is good cause for the termination, cancellation, or nonrenewal of the franchise and that the manufacturer has acted
[2003 RCW Supp—page 658]
in good faith regarding the termination, cancellation, or nonrenewal. [2003 c 354 § 3.]
46.93.040
46.93.040 Determination of good cause, good faith—
Petition, notice, decision, appeal. A new motorsports vehicle dealer who has received written notification from the
manufacturer of the manufacturer's intent to terminate, cancel, or not renew the franchise, may file a petition with the
department for a determination as to the existence of good
cause and good faith for the termination, cancellation, or nonrenewal of a franchise. The petition must contain a short
statement setting forth the reasons for the dealer's objection
to the termination, cancellation, or nonrenewal of the franchise. Upon the filing of the petition and the receipt of the filing fee, the department shall promptly notify the manufacturer that a timely petition has been filed and shall request the
appointment of an administrative law judge under chapter
34.12 RCW to conduct a hearing. The franchise in question
continues in full force and effect pending the administrative
law judge's decision. If the decision of the administrative law
judge terminating, canceling, or failing to renew a dealer's
franchise is appealed by a dealer or manufacturer, the franchise continues in full force and effect until all appeals to a
superior court or any appellate court have been completed.
Nothing in this section precludes a manufacturer or dealer
from petitioning the superior court for a stay or other relief
pending judicial review. [2003 c 354 § 4.]
46.93.050
46.93.050 Determination of good cause, good faith—
Hearing, decision, procedures—Judicial review. (1) The
administrative law judge shall conduct the hearing and render
a final decision as expeditiously as possible, but in any event
not later than one hundred eighty days after a petition is filed.
If the termination, cancellation, or nonrenewal is under RCW
46.93.070(2), the administrative law judge shall give the proceeding priority consideration and shall render a final decision not later than sixty days after a petition is filed.
(2) The administrative law judge shall conduct the hearing as an adjudicative proceeding in accordance with the procedures provided for in the Administrative Procedure Act,
chapter 34.05 RCW. The administrative law judge shall render the final decision and shall enter a final order. Except as
otherwise provided in RCW 34.05.446 and 34.05.449, all
hearing costs must be borne on an equal basis by the parties
to the hearing.
(3) A party to a hearing under this chapter may be represented by counsel. A party to a hearing aggrieved by the final
order of the administrative law judge concerning the termination, cancellation, or nonrenewal of a franchise may seek
judicial review of the order in the superior court or appellate
court in the manner provided for in RCW 34.05.510 through
34.05.598. A petitioner for judicial review need not exhaust
all administrative appeals or administrative review processes
as a prerequisite for seeking judicial review under this section. [2003 c 354 § 5.]
46.93.060
46.93.060 Good cause, what constitutes—Burden of
proof. (1) Notwithstanding the terms of a franchise or the
terms of a waiver, and except as otherwise provided in RCW
46.93.070(2) (a) through (d), good cause exists for termina-
Motorsports Vehicles—Dealer and Manufacturer Franchises
tion, cancellation, or nonrenewal of a franchise when there is
a failure by the dealer to comply with a provision of the franchise that is both reasonable and of material significance to
the franchise relationship, if the dealer was notified of the
failure within one hundred eighty days after the manufacturer
first acquired knowledge of the failure, and the dealer did not
correct the failure after being requested to do so.
If, however, the failure of the dealer relates to the performance of the dealer in sales, service, or level of customer satisfaction, good cause is the failure of the dealer to comply
with reasonable performance standards determined by the
manufacturer in accordance with uniformly applied criteria,
and:
(a) The dealer was advised, in writing, by the manufacturer of the failure;
(b) The notice under this subsection stated that notice
was provided of a failure of performance under this section;
(c) The manufacturer provided the dealer with specific,
reasonable goals or reasonable performance standards with
which the dealer must comply, together with a suggested
timetable or program for attaining those goals or standards,
and the dealer was given a reasonable opportunity, for a
period of not more than ninety days, to comply with the goals
or standards; and
(d) The dealer did not substantially comply with the
manufacturer's performance standards during that period and
the failure to demonstrate substantial compliance was not due
to market or economic factors within the dealer's relevant
market area that were beyond the control of the dealer.
(2) The manufacturer has the burden of proof of establishing good cause and good faith for the termination, cancellation, or nonrenewal of the franchise under this section.
[2003 c 354 § 6.]
46.93.070
46.93.070 Notice of termination, cancellation, or nonrenewal. Before the termination, cancellation, or nonrenewal of a franchise, the manufacturer shall give written notification to both the department and the dealer. The notice
must be by certified mail or personally delivered to the new
motorsports vehicle dealer and must state the intention to terminate, cancel, or not renew the franchise, the reasons for the
termination, cancellation, or nonrenewal, and the effective
date of the termination, cancellation, or nonrenewal. The
notice must be given:
(1) Not less than ninety days, which runs concurrently
with the ninety-day period provided in RCW
46.93.060(1)(c), before the effective date of the termination,
cancellation, or nonrenewal;
(2) Not less than fifteen days before the effective date of
the termination, cancellation, or nonrenewal with respect to
any of the following that constitute good cause for termination, cancellation, or nonrenewal:
(a) Insolvency of the dealer or the filing of any petition
by or against the dealer under bankruptcy or receivership law;
(b) Failure of the dealer to conduct sales and service
operations during customary business hours for seven consecutive business days, except for acts of God or circumstances beyond the direct control of the dealer;
(c) Conviction of the dealer, or principal operator of the
dealership, of a felony punishable by imprisonment; or
46.93.090
(d) Suspension or revocation of a license that the dealer
is required to have to operate the dealership where the suspension or revocation is for a period in excess of thirty days;
(3) Not less than one hundred eighty days before the
effective date of termination, cancellation, or nonrenewal,
where the manufacturer intends to discontinue sale and distribution of the new motorsports vehicle line. [2003 c 354 § 7.]
46.93.080
46.93.080 Payments by manufacturer to dealer for
inventory, equipment, etc. (1) Upon the termination, cancellation, or nonrenewal of a franchise by the manufacturer
under this chapter, the manufacturer shall pay the dealer, at a
minimum:
(a) Dealer cost, less all allowances paid or credited to the
dealer by the manufacturer, of unused, undamaged, and
unsold new motorsports vehicles in the dealer's inventory that
were acquired from the manufacturer or another dealer of the
same line make;
(b) Dealer cost for all unused, undamaged, and unsold
supplies, parts, and accessories in original packaging, except
that in the case of sheet metal, a comparable substitute for
original packaging may be used, if the supply, part, or accessory was acquired from the manufacturer or from another
dealer ceasing operations as a part of the dealer's initial
inventory, as long as the supplies, parts, and accessories
appear in the manufacturer's current parts catalog, list, or current offering;
(c) Dealer cost for all unused, undamaged, and unsold
inventory, whether vehicles, parts, or accessories, the purchase of which was required by the manufacturer;
(d) The fair market value of each undamaged sign owned
by the dealer that bears a common name, trade name, or
trademark of the manufacturer, if acquisition of the sign was
recommended or required by the manufacturer and the sign is
in good and usable condition less reasonable wear and tear,
and has not been depreciated by the dealer more than fifty
percent of the value of the sign; and
(e) The fair market value of all special tools owned or
leased by the dealer that were acquired from the manufacturer
or persons approved by the manufacturer, and that were
required by the manufacturer, and are in good and usable
condition, less reasonable wear and tear. However, if the
tools are leased by the dealer, the manufacturer shall pay the
dealer such amounts that are required by the lessor to terminate the lease under the terms of the lease agreement.
(2) To the extent the franchise agreement provides for
payment or reimbursement to the dealer in excess of that
specified in this section, the provisions of the franchise agreement will control.
(3) The manufacturer shall pay the dealer the sums specified in subsection (1) of this section within ninety days after
the tender of the property, if the dealer has clear title to the
property and is in a position to convey that title to the manufacturer. [2003 c 354 § 8.]
46.93.090
46.93.090 Mitigation of damages. RCW 46.93.030
through 46.93.080 do not relieve a dealer from the obligation
to mitigate the dealer's damages upon termination, cancellation, or nonrenewal of the franchise. [2003 c 354 § 9.]
[2003 RCW Supp—page 659]
46.93.100
Title 46 RCW: Motor Vehicles
46.93.100
46.93.100 Warranty work. (1) Each manufacturer
shall specify in its franchise agreement, or in a separate written agreement, with each of its dealers licensed in this state,
the dealer's obligation to perform warranty work or service
on the manufacturer's products. Each manufacturer shall provide each of its dealers with a schedule of compensation to be
paid to the dealer for any warranty work or service, including
parts, labor, and diagnostic work, required of the dealer by
the manufacturer in connection with the manufacturer's products, and for work on and preparation of motorsports vehicles
received from the manufacturer. The compensation may not
be less than the rates reasonably charged by the dealer for like
services and parts to retail customers. The compensation
may not be reduced by the manufacturer for any reason or
made conditional on an activity outside the performance of
warranty work.
(2) All claims for warranty work for parts and labor
made by dealers under this section must be paid by the manufacturer within thirty days after approval, and must be
approved or denied within thirty days of receipt by the manufacturer. Denial of a claim must be in writing with the specific grounds for denial. The manufacturer may audit claims
for warranty work and charge the dealer for any unsubstantiated, incorrect, or false claims for a period of one year after
payment. However, the manufacturer may audit and charge
the dealer for any fraudulent claims during any period for
which an action for fraud may be commenced under applicable state law.
(3) All claims submitted by dealers on the forms and in
the manner specified by the manufacturer must be either
approved or disapproved within thirty days after their receipt.
The manufacturer shall notify the dealer in writing of a disapproved claim, and shall set forth the reasons why the claim
was not approved. A claim not specifically disapproved in
writing within thirty days after receipt is approved, and the
manufacturer is required to pay that claim within thirty days
of receipt of the claim. [2003 c 354 § 10.]
46.93.110
46.93.110 Designated successor to franchise ownership. (1) Notwithstanding the terms of a franchise, an owner
may appoint a designated successor to succeed to the ownership of the dealer franchise upon the owner's death or incapacity.
(2) Notwithstanding the terms of a franchise, a designated successor of a deceased or incapacitated owner of a
dealer franchise may succeed to the ownership interest of the
owner under the existing franchise, if:
(a) In the case of a designated successor who meets the
d e f i n it i o n o f a d e s i g n a t e d s u c c e s s o r u n d e r R C W
46.93.020(5), but who is not experienced in the business of a
new motorsports vehicle dealer, the person will employ an
individual who is qualified and experienced in the business of
a new motorsports vehicle dealer to help manage the day-today operations of the dealership; or in the case of a designated successor who meets the definition of a designated successor under RCW 46.93.020(5) (b) or (c), the person is qualified and experienced in the business of a new motorsports
vehicle dealer and meets the normal, reasonable, and uniformly applied standards for grant of an application as a
dealer by the manufacturer; and
[2003 RCW Supp—page 660]
(b) The designated successor furnishes written notice to
the manufacturer of his or her intention to succeed to the
ownership of the dealership within sixty days after the
owner's death or incapacity; and
(c) The designated successor agrees to be bound by all
terms and conditions of the franchise.
(3) The manufacturer may request, and the designated
successor shall promptly provide, such personal and financial
information as is reasonably necessary to determine whether
the succession should be honored.
(4) A manufacturer may refuse to honor the succession
to the ownership of a dealer franchise by a designated successor if the manufacturer establishes that good cause exists for
its refusal to honor the succession. If the designated successor of a deceased or incapacitated owner of a dealer franchise
fails to meet the requirements set forth in subsection (2)(a),
(b), and (c) of this section, good cause for refusing to honor
the succession is presumed to exist. If a manufacturer
believes that good cause exists for refusing to honor the succession to the ownership of a dealer franchise by a designated
successor, the manufacturer shall serve written notice on the
designated successor and on the department of its refusal to
honor the succession no earlier than sixty days from the date
the notice is served. The notice must be served not later than
sixty days after the manufacturer's receipt of:
(a) Notice of the designated successor's intent to succeed
to the ownership interest of the dealer's franchise; or
(b) Any personal or financial information requested by
the manufacturer.
(5) The notice in subsection (4) of this section must state
the specific grounds for the refusal to honor the succession.
If the notice of refusal is not timely and properly served, the
designated successor may continue the franchise in full force
and effect, subject to termination only as otherwise provided
under this chapter.
(6) Within twenty days after receipt of the notice, or
within twenty days after the end of any appeal procedure provided by the manufacturer, whichever is greater, the designated successor may file a petition with the department protesting the refusal to honor the succession. The petition must
contain a short statement setting forth the reasons for the designated successor's protest. Upon the filing of a protest and
the receipt of the filing fee, the department shall promptly
notify the manufacturer that a timely protest has been filed
and shall request the appointment of an administrative law
judge under chapter 34.12 RCW to conduct a hearing. The
manufacturer may not terminate or otherwise discontinue the
existing franchise until the administrative law judge has held
a hearing and has determined that there is good cause for
refusing to honor the succession. If an appeal is taken, the
manufacturer may not terminate or discontinue the franchise
until all appeals to a superior court or any appellate court
have been completed. Nothing in this section precludes a
manufacturer or dealer from petitioning the superior court for
a stay or other relief pending judicial review.
(7) The manufacturer has the burden of proof to show
that good cause exists for the refusal to honor the succession.
(8) The administrative law judge shall conduct the hearing and render a final decision as expeditiously as possible,
but in any event not later than one hundred eighty days after
a protest is filed.
Motorsports Vehicles—Dealer and Manufacturer Franchises
(9) The administrative law judge shall conduct a hearing
concerning the refusal to the succession as provided in RCW
46.93.050(2), and all hearing costs must be borne as provided
in that subsection. A party to such a hearing aggrieved by the
final order of the administrative law judge may appeal as provided and allowed in RCW 46.93.050(3).
(10) This section does not preclude the owner of a dealer
franchise from designating any person as his or her successor
by a written, notarized, and witnessed instrument filed with
the manufacturer. In the event of a conflict between this section and such a written instrument that has not been revoked
by written notice from the owner to the manufacturer, the
written instrument governs. [2003 c 354 § 11.]
46.93.120
46.93.120 Relevant market area—New or relocated
dealerships, notice of. Notwithstanding the terms of a franchise and notwithstanding the terms of a waiver, if a manufacturer intends or proposes to enter into a franchise to establish an additional dealer or to relocate an existing dealer
within or into a relevant market area in which the same line
make of motorsports vehicle is then represented, the manufacturer shall provide at least ten days advance written notice
to the department and to each dealer of the same line make in
the relevant market area, of the manufacturer's intention to
establish an additional dealer or to relocate an existing dealer
within or into the relevant market area. The notice must be
sent by certified mail to each such party and include the following information:
(1) The specific location at which the additional or relocated dealer will be established;
(2) The date on or after which the additional or relocated
dealer intends to commence business at the proposed location;
(3) The identity of all dealers who are franchised to sell
the same line make vehicles as the proposed dealer and who
have licensed locations within the relevant market area;
(4) The names and addresses, if available, of the owners
of and principal investors in the proposed additional or relocated dealership; and
(5) The specific grounds or reasons for the proposed
establishment of an additional dealer or relocation of an
existing dealer. [2003 c 354 § 12.]
46.93.130
46.93.130 Protest of new or relocated dealership—
Hearing—Arbitration. (1) Within thirty days after receipt
of the notice under RCW 46.93.120, or within thirty days
after the end of an appeal procedure provided by the manufacturer, whichever is greater, a dealer notified or entitled to
notice may file a petition with the department protesting the
proposed establishment or relocation. The petition must contain a short statement setting forth the reasons for the dealer's
objection to the proposed establishment or relocation. Upon
the filing of a protest and the receipt of the filing fee, the
department shall promptly notify the manufacturer that a
timely protest has been filed and shall request the appointment of an administrative law judge under chapter 34.12
RCW to conduct a hearing. The manufacturer may not establish or relocate the dealer until the administrative law judge
has held a hearing and administrative proceeding under the
Administrative Procedure Act, chapter 34.05 RCW, and has
determined that there is good cause for permitting the pro-
46.93.140
posed establishment or relocation. When more than one protest is filed against the establishment or relocation of the
same dealer, the administrative law judge shall consolidate
the hearings to expedite disposition of the matter.
(2) If a manufacturer provides in the franchise agreement
or by written statement distributed and provided to its dealers
for arbitration under the Washington Arbitration Act, chapter
7.04 RCW, as a mechanism for resolving disputes relating to
the establishment of an additional new motorsports vehicle
dealer or the relocation of a new motorsports vehicle dealer,
subsection (1) of this section and RCW 46.93.140 will take
precedence and the arbitration provision in the franchise
agreement or a written statement is void, unless the manufacturer and dealer agree to use arbitration.
(3) If the manufacturer and dealer agree to use arbitration, the dispute must be referred for arbitration to such arbitrator as may be agreed upon by the parties to the dispute.
The thirty-day period for filing a protest under subsection (1)
of this section still applies except the protesting dealer shall
file the protest with the manufacturer. If the parties cannot
agree upon a single arbitrator within thirty days from the date
the protest is filed, the protesting dealer will select an arbitrator, the manufacturer will select an arbitrator, and the two
arbitrators will then select a third arbitrator. If a third arbitrator is not agreed upon within thirty days, any party may apply
to the superior court, and the judge of the superior court having jurisdiction will appoint the third arbitrator. The protesting dealer will pay the arbitrator selected by him or her, and
the manufacturer will pay the arbitrator it selected. The
expense of the third arbitrator and all other expenses of arbitration will be shared equally by the parties. Attorneys' fees
and fees paid to expert witnesses are not expenses of arbitration and will be paid by the person incurring them.
(4) Notwithstanding the terms of a franchise or written
statement of the manufacturer and notwithstanding the terms
of a waiver, the arbitration will take place in this state in the
county where the protesting dealer has its principal place of
business. RCW 46.93.140 applies to a determination made
by the arbitrator or arbitrators in determining whether good
cause exists for permitting the proposed establishment or
relocation of a dealer, and the manufacturer has the burden of
proof to establish that good cause exists for permitting the
proposed establishment or relocation. After a hearing has
been held, the arbitrator or arbitrators shall render a decision
as expeditiously as possible, but in any event not later than
one hundred twenty days from the date the arbitrator or arbitrators are selected or appointed. The manufacturer may not
establish or relocate the new motorsports vehicle dealer until
the arbitration hearing has been held and the arbitrator or
arbitrators have determined that there is good cause for permitting the proposed establishment or relocation and any
judicial appeals under chapter 7.04 RCW have been completed. The written decision of the arbitrator is binding upon
the parties unless modified, corrected, or vacated under the
Washington Arbitration Act. Any party may appeal the decision of the arbitrator or arbitrators under the Washington
Arbitration Act, chapter 7.04 RCW. [2003 c 354 § 13.]
46.93.140
46.93.140 Factors considered by administrative law
judge. In determining whether good cause exists for permitting the proposed establishment or relocation of a dealer of
[2003 RCW Supp—page 661]
46.93.150
Title 46 RCW: Motor Vehicles
46.93.160
the same line make, the factors that the administrative law
judge shall consider must include, but are not limited to the
following:
(1) The extent, nature, and permanency of the investment
of both the existing dealers of the same line make in the relevant market area and the proposed additional or relocating
dealer, including obligations reasonably incurred by the
existing dealers to perform their obligations under their
respective franchises;
(2) The growth or decline in population and new motorsports vehicle registrations during the past five years in the
relevant market area;
(3) The effect on the consuming public;
(4) The effect on the existing dealers in the relevant market area, including any adverse financial impact;
(5) The reasonably expected or anticipated vehicle market for the relevant market area, including demographic factors such as age of population, income, education, size class
preference, product popularity, retail lease transactions, or
other factors affecting sales to consumers in the relevant market area;
(6) Whether it is injurious or beneficial to the public welfare for an additional dealership to be established;
(7) Whether the dealers of the same line make in the relevant market area are providing adequate competition and
convenient customer care for the motorsports vehicles of the
same line make in the relevant market area, including the
adequacy of motorsports vehicle sales and service facilities,
equipment, supply of vehicle parts, and qualified service personnel;
(8) Whether the establishment of an additional dealer
would increase competition and be in the public interest;
(9) Whether the manufacturer is motivated principally
by good faith to establish an additional or new dealer and not
by noneconomic considerations;
(10) Whether the manufacturer has denied its existing
dealers of the same line make the opportunity for reasonable
growth, market expansion, or relocation;
(11) Whether the protesting dealer or dealers are in substantial compliance with their dealer agreements or franchises; and
(12) Whether the manufacturer has complied with the
requirements of RCW 46.93.120 and 46.93.130. [2003 c 354
§ 14.]
46.93.150
46.93.150 Hearing—Procedures, costs, appeal. (1)
The manufacturer has the burden of proof to establish that
good cause exists for permitting the proposed establishment
or relocation.
(2) The administrative law judge shall conduct any hearing as provided in RCW 46.93.050(2) and all hearing costs
will be borne as provided in that subsection. The administrative law judge shall render the final decision as expeditiously
as possible, but in any event not later than one hundred
twenty days after a protest is filed. If more than one protest
is filed, the one hundred twenty days commences to run from
the date the last protest is filed. A party to such a hearing
aggrieved by the final order of the administrative law judge
may appeal as provided and allowed in RCW 46.93.050(3).
[2003 c 354 § 15.]
[2003 RCW Supp—page 662]
46.93.160 Relocation requirements—Exceptions.
RCW 46.93.120 through 46.93.150 do not apply:
(1) To the sale or transfer of the ownership or assets of an
existing dealer where the transferee proposes to engage in
business representing the same line make at the same location
or within two miles of that location;
(2) To the relocation of an existing dealer within the
dealer's relevant market area, if the relocation is not at a site
within eight miles of any dealer of the same line make;
(3) If the proposed dealer is to be established at or within
two miles of a location at which a former dealer of the same
line make had ceased operating within the previous twentyfour months;
(4) Where the proposed relocation is two miles or less
from the existing location of the relocating dealer; or
(5) Where the proposed relocation is to be further away
from all other existing dealers of the same line make in the
relevant market area. [2003 c 354 § 16.]
46.93.170
46.93.170 Unfair practices. (1) Notwithstanding the
terms of a franchise agreement, a manufacturer, distributor,
factory branch, or factory representative, or an agent, officer,
parent company, wholly or partially owned subsidiary, affiliated entity, or other person controlled by or under common
control with a manufacturer, distributor, factory branch, or
factory representative, shall not:
(a) Discriminate between dealers by selling or offering to
sell a like motorsports vehicle to one dealer at a lower actual
price than the actual price offered to another dealer for the
same model similarly equipped;
(b) Discriminate between dealers by selling or offering
to sell parts or accessories to one dealer at a lower actual price
than the actual price offered to another dealer;
(c) Discriminate between dealers by using a promotion
plan, marketing plan, or other similar device that results in a
lower actual price on vehicles, parts, or accessories being
charged to one dealer over another dealer;
(d) Discriminate between dealers by adopting a method,
or changing an existing method, for the allocation, scheduling, or delivery of new motorsports vehicles, parts, or accessories to its dealers that is not fair, reasonable, and equitable.
Upon the request of a dealer, a manufacturer shall disclose in
writing to the dealer the method by which new motorsports
vehicles, parts, and accessories are allocated, scheduled, or
delivered to its dealers handling the same line or make of
vehicles;
(e) Give preferential treatment to some dealers over others by refusing or failing to deliver, in reasonable quantities
and within a reasonable time after receipt of an order, to a
dealer holding a franchise for a line or make of motorsports
vehicles sold or distributed by the manufacturer, a new vehicle, parts, or accessories, if the vehicle, parts, or accessories
are being delivered to other dealers, or require a dealer to purchase unreasonable advertising displays or other materials, or
unreasonably require a dealer to remodel or renovate existing
facilities as a prerequisite to receiving a model or series of
vehicles;
(f) Compete with a dealer by acting in the capacity of a
dealer, or by owning, operating, or controlling, whether
directly or indirectly, a dealership in this state. It is not, however, a violation of this subsection for:
Motorsports Vehicles—Dealer and Manufacturer Franchises
(i) A manufacturer to own or operate a dealership for a
temporary period, not to exceed two years, during the transition from one owner of the dealership to another where the
dealership was previously owned by a franchised dealer and
is currently for sale to any qualified independent person at a
fair and reasonable price. The temporary operation may be
extended for one twelve-month period on petition of the temporary operator to the department. The matter will be handled as an adjudicative proceeding under chapter 34.05
RCW. A dealer who is a franchisee of the petitioning manufacturer or distributor may intervene and participate in a proceeding under this subsection (1)(f)(i). The temporary operator has the burden of proof to show justification for the
extension and a good faith effort to sell the dealership to an
independent person at a fair and reasonable price;
(ii) A manufacturer to own or operate a dealership in
conjunction with an independent person in a bona fide business relationship for the purpose of broadening the diversity
of its dealer body and enhancing opportunities for qualified
persons who are part of a group who have historically been
underrepresented in its dealer body, or other qualified persons who lack the resources to purchase a dealership outright,
and where the independent person (A) has made a significant,
bona fide capital investment in the dealership that is subject
to loss; (B) has an ownership interest in the dealership; and
(C) operates the dealership under a bona fide written agreement with the manufacturer, distributor, factory branch, or
factory representative under which he or she will acquire all
of the ownership interest in the dealership within a reasonable period of time and under reasonable terms and conditions. The manufacturer has the burden of proof of establishing that the acquisition of the dealership by the independent
person was made within a reasonable period of time and
under reasonable terms and conditions;
(iii) A manufacturer to own or operate a dealership in
conjunction with an independent person in a bona fide business relationship where the independent person (A) has made
a significant, bona fide capital investment in the dealership
that is subject to loss; (B) has an ownership interest in the
dealership; and (C) operates the dealership under a bona fide
written agreement with the manufacturer under which he or
she will acquire all of the ownership interest in the dealership
within a reasonable period of time and under reasonable
terms and conditions. The manufacture [manufacturer] has
the burden of proof of establishing that the acquisition of the
dealership by the independent person was made within a reasonable period of time and under reasonable terms and conditions. The number of dealerships operated under this subsection (1)(f)(iii) may not exceed four percent rounded up to the
nearest whole number of a manufacturer's total of dealer franchises in this state;
(iv) A manufacturer to own, operate, or control a dealership trading exclusively in a single line make of the manufacturer if (A) the manufacturer does not own, directly or indirectly, in the aggregate, in excess of forty-five percent of the
total ownership interest in the dealership; (B) at the time the
manufacturer first acquires ownership or assumes operation
or control of any such dealership, the distance between any
dealership thus owned, operated, or controlled and the nearest dealership trading in the same line make of vehicle and in
which the manufacturer has no ownership or control com-
46.93.170
plies with the applicable provisions in the relevant market
area sections of this chapter; (C) all of the manufacturer's
franchise agreements confer rights on the dealer of that line
make to develop and operate within a defined geographic territory or area, as many dealership facilities as the dealer and
the manufacturer agree are appropriate; and (D) the manufacturer had no more than four new motorsports vehicle dealers
of that manufacturer's line make in this state, and at least half
of those dealers owned and operated two or more dealership
facilities in the geographic territory or area covered by their
franchise agreements with the manufacturer;
(g) Compete with a dealer by owning, operating, or controlling, whether directly or indirectly, a service facility in
this state for the repair or maintenance of motorsports vehicles under the manufacturer's new motorsports vehicle warranty and extended warranty. Nothing in this subsection
(1)(g), however, prohibits a manufacturer from owning or
operating a service facility for the purpose of providing or
performing maintenance, repair, or service work on motorsports vehicles that are owned by the manufacturer;
(h) Use confidential or proprietary information obtained
from a dealer to unfairly compete with the dealer without the
prior written consent of the dealer. For purposes of this subsection (1)(h), "confidential or proprietary information"
means trade secrets as defined in RCW 19.108.010, business
plans, marketing plans or strategies, customer lists, contracts,
sales data, revenues, or other financial information;
(i) Coerce, threaten, intimidate, or require, either directly
or indirectly, a dealer to accept, buy, or order any motorsports
vehicle, part, or accessory, or any other commodity or service
not voluntarily ordered, or requested, or to buy, order, or pay
anything of value for such items in order to obtain a motorsports vehicle, part, accessory, or other commodity that has
been voluntarily ordered or requested;
(j) Coerce, threaten, intimidate, or require, either directly
or indirectly, a dealer to enter into any agreement that violates this chapter;
(k) Require a change in capital structure or means of
financing for the dealership if the dealer at all times meets the
reasonable, written, and uniformly applied capital standards
determined by the manufacturer;
(l) Prevent or attempt to prevent a dealer from making
reasonable changes in the capital structure of a dealership or
the means by which the dealership is financed if the dealer
meets the reasonable, written, and uniformly applied capital
requirements determined by the manufacturer;
(m) Unreasonably require the dealer to change the location or require any substantial alterations to the place of business;
(n) Condition a renewal or extension of the franchise on
the dealer's substantial renovation of the existing place of
business or on the construction, purchase, acquisition, or release of a new place of business unless written notice is first
provided one hundred eighty days before the date of renewal
or extension and the manufacturer demonstrates the reasonableness of the requested actions. The manufacturer shall
agree to supply the dealer with an adequate quantity of
motorsports vehicles, parts, and accessories to meet the sales
level necessary to support the overhead resulting from substantial construction, acquisition, or lease of a new place of
business;
[2003 RCW Supp—page 663]
46.93.180
Title 46 RCW: Motor Vehicles
(o) Coerce, threaten, intimidate, or require, either
directly or indirectly, a dealer to order or accept delivery of a
motorsports vehicle with special features, accessories, or
equipment not included in the list price of the vehicle as
advertised by the manufacturer, except items that have been
voluntarily requested or ordered by the dealer, and except
items required by law;
(p) Fail to hold harmless and indemnify a dealer against
losses, including lawsuits and court costs, arising from: (i)
The manufacture or performance of a motorsports vehicle,
part, or accessory if the lawsuit involves representations by
the manufacturer on the manufacture or performance of a
motorsports vehicle without negligence on the part of the
dealer; (ii) damage to merchandise in transit where the manufacturer specifies the carrier; (iii) the manufacturer's failure
to jointly defend product liability suits concerning the motorsports vehicle, part, or accessory provided to the dealer; or
(iv) any other act performed by the manufacturer;
(q) Unfairly prevent or attempt to prevent a dealer from
receiving reasonable compensation for the value of a motorsports vehicle;
(r) Fail to pay to a dealer, within a reasonable time after
receipt of a valid claim, a payment agreed to be made by the
manufacturer on grounds that a new motorsports vehicle, or a
prior year's model, is in the dealer's inventory at the time of
introduction of new model motorsports vehicles;
(s) Deny a dealer the right of free association with any
other dealer for any lawful purpose;
(t) Charge increased prices without having given written
notice to the dealer at least fifteen days before the effective
date of the price increases;
(u) Permit factory authorized warranty service to be performed upon motorsports vehicles or accessories by persons
other than their franchised dealers;
(v) Require or coerce a dealer to sell, assign, or transfer
a retail sales installment contract, or require the dealer to act
as an agent for a manufacturer, in the securing of a promissory note, a security agreement given in connection with the
sale of a motorsports vehicle, or securing of a policy of insurance for a motorsports vehicle. The manufacturer may not
condition delivery of any motorsports vehicle, parts, or
accessories upon the dealer's assignment, sale, or other transfer of sales installment contracts to specific finance companies;
(w) Require or coerce a dealer to grant a manufacturer a
right of first refusal or other preference to purchase the
dealer's franchise or place of business, or both.
(2) Subsections (1)(a), (b), and (c) of this section do not
apply to sales to a dealer: (a) For resale to a federal, state, or
local government agency; (b) where the motorsports vehicles
will be sold or donated for use in a program of driver's education; (c) where the sale is made under a manufacturer's bona
fide promotional program offering sales incentives or
rebates; (d) where the sale of parts or accessories is under a
manufacturer's bona fide quantity discount program; or (e)
where the sale is made under a manufacturer's bona fide fleet
vehicle discount program. For purposes of this subsection,
"fleet" means a group of fifteen or more new motorsports
vehicles purchased or leased by a dealer at one time under a
single purchase or lease agreement for use as part of a fleet,
[2003 RCW Supp—page 664]
and where the dealer has been assigned a fleet identifier code
by the department.
(3) The following definitions apply to this section:
(a) "Actual price" means the price to be paid by the
dealer less any incentive paid by the manufacturer, whether
paid to the dealer or the ultimate purchaser of the motorsports
vehicle.
(b) "Control" or "controlling" means (i) the possession
of, title to, or control of ten percent or more of the voting
equity interest in a person, whether directly or indirectly
through a fiduciary, agent, or other intermediary, or (ii) the
possession, direct or indirect, of the power to direct or cause
the direction of the management or policies of a person,
whether through the ownership of voting securities, through
director control, by contract, or otherwise, except as
expressly provided under the franchise agreement.
(c) "Operate" means to manage a dealership, whether
directly or indirectly.
(d) "Own" or "ownership" means to hold the beneficial
ownership of one percent or more of any class of equity interest in a dealership, whether the interest is that of a shareholder, partner, limited liability company member, or otherwise. To hold an ownership interest means to have possession of, title to, or control of the ownership interest, whether
directly or indirectly through a fiduciary, agent, or other
intermediary.
(4) A violation of this section is deemed to affect the
public interest and constitutes an unlawful and unfair practice
under chapter 19.86 RCW. A person aggrieved by an alleged
violation of this section may petition the department to have
the matter handled as an adjudicative proceeding under chapter 34.05 RCW. [2003 c 354 § 17.]
46.93.180
46.93.180 Sale, transfer, or exchange of franchise.
(1) Notwithstanding the terms of a franchise, a manufacturer
may not unreasonably withhold consent to the sale, transfer,
or exchange of a franchise to a qualified buyer who meets the
normal, reasonable, and uniformly applied standards established by the manufacturer for the appointment of a dealer or
is capable of being approved by the department as a dealer in
this state. A manufacturer's failure to respond in writing to a
request for consent under this subsection within sixty days
after receipt of a written request on the forms, if any, generally used by the manufacturer containing the information and
reasonable promises required by a manufacturer, is deemed
to be consent to the request. A manufacturer may request,
and, if so requested, the applicant for a franchise (a) shall
promptly provide such personal and financial information as
is reasonably necessary to determine whether the sale, transfer, or exchange should be approved, and (b) shall agree to be
bound by all reasonable terms and conditions of the franchise.
(2) If a manufacturer refuses to approve the sale, transfer, or exchange of a franchise, the manufacturer shall serve
written notice on the applicant, the transferring, selling, or
exchanging dealer, and the department, of its refusal to
approve the transfer of the franchise no later than sixty days
after the date the manufacturer receives the written request
from the dealer. If the manufacturer has requested personal
or financial information from the applicant under subsection
(1) of this section, the notice must be served not later than
Motorcycle Dealers' Franchise Act
sixty days after the receipt of all of such documents. Service
of all notices under this section must be made by personal
service or by certified mail, return receipt requested.
(3) The notice in subsection (2) of this section must state
the specific grounds for the refusal to approve the sale, transfer, or exchange of the franchise.
(4) Within twenty days after receipt of the notice of
refusal to approve the sale, transfer, or exchange of the franchise by the transferring dealer, the dealer may file a petition
with the department to protest the refusal to approve the sale,
transfer, or exchange. The petition must contain a short statement setting forth the reasons for the dealer's protest. Upon
the filing of a protest and the receipt of the filing fee, the
department shall promptly notify the manufacturer that a
timely protest has been filed, and the department shall
arrange for a hearing with an administrative law judge as the
presiding officer to determine if the manufacturer unreasonably withheld consent to the sale, transfer, or exchange of the
franchise.
(5) In determining whether the manufacturer unreasonably withheld its approval to the sale, transfer, or exchange,
the manufacturer has the burden of proof that it acted reasonably. A manufacturer's refusal to accept or approve a proposed buyer who otherwise meets the normal, reasonable,
and uniformly applied standards established by the manufacturer for the appointment of a new dealer, or who otherwise is
capable of operating as a dealer in this state, is presumed to
be unreasonable.
(6) The administrative law judge shall conduct a hearing
and render a final decision as expeditiously as possible, but in
any event not later than one hundred twenty days after a protest is filed. Only the selling, transferring, or exchanging
dealer and the manufacturer may be parties to the hearing.
(7) The administrative law judge shall conduct any hearing as provided in RCW 46.93.050(2), and all hearing costs
must be borne as provided in that subsection. Only the manufacturer and the selling, transferring, or exchanging dealer
may appeal the final order of the administrative law judge to
the superior court or the appellate court as provided in the
Administrative Procedure Act, chapter 34.05 RCW. [2003 c
354 § 18.]
46.96.020
with one or more sureties, the bond or other undertaking will
then be exonerated and the surety or sureties under it discharged. [2003 c 354 § 19.]
46.93.200
46.93.200 Department defining additional motorsports vehicles. The department shall determine through
rule making under the Administrative Procedure Act any
mo to rspo rts v eh ic les no t a lready d ef in ed in RCW
46.93.020(7) as of July 27, 2003, that are manufactured after
July 27, 2003. [2003 c 354 § 20.]
46.93.900
46.93.900 Severability. If any provision of this chapter
or its application to any person or circumstance is held
invalid, the remainder of the chapter or the application of the
provision to other persons or circumstances is not affected.
[2003 c 354 § 21.]
46.93.901
46.93.901 Captions not law. Captions used in this
chapter are not part of the law. [2003 c 354 § 22.]
Chapter 46.94 RCW
MOTORCYCLE DEALERS' FRANCHISE ACT
Chapter 46.94
Sections
46.94.001
through 46.94.900 Repealed.
46.94.001
46.94.001 through 46.94.900 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this
volume.
Chapter 46.96
Chapter 46.96 RCW
MANUFACTURERS' AND DEALERS'
FRANCHISE AGREEMENTS
Sections
46.96.020
46.96.105
46.96.185
46.96.220
46.96.230
46.96.240
Definitions.
Warranty work.
Unfair practices.
Right of first refusal.
Manufacturer incentive programs.
Venue.
46.96.020
46.93.190
46.93.190 Petition and hearing filing fees, costs, security. The department shall determine and establish the
amount of the filing fees required in RCW 46.93.040,
46.93.110, 46.93.130, and 46.93.180. The fees must be set in
accordance with RCW 43.24.086.
The department may also require the petitioning or protesting party to give security, in such sum as the department
deems proper but not to exceed one thousand dollars, for the
payment of such costs as may be incurred in conducting the
hearing as required under this chapter. The security may be
given in the form of a bond or stipulation or other undertaking with one or more sureties.
At the conclusion of the hearing, the department shall
assess, in equal shares, each of the parties to the hearing for
the cost of conducting the hearing. Upon receipt of payment
of the costs, the department shall refund and return to the
petitioning party any excess funds initially posted by the
party as security for the hearing costs. If the petitioning party
provided security in the form of a bond or other undertaking
46.96.020 Definitions. In addition to the definitions
contained in RCW 46.70.011, which are incorporated by reference into this chapter, the definitions set forth in this section apply only for the purposes of this chapter.
(1) A "new motor vehicle" is a vehicle that has not been
titled by a state and ownership of which may be transferred
on a manufacturer's statement of origin (MSO).
(2) "New motor vehicle dealer" means a motor vehicle
dealer engaged in the business of buying, selling, exchanging, or otherwise dealing in new motor vehicles or new and
used motor vehicles at an established place of business, under
a franchise, sales and service agreement, or contract with the
manufacturer of the new motor vehicles. However, the term
"new motor vehicle dealer" does not include a miscellaneous
vehicle dealer as defined in RCW 46.70.011(3)(c) or a motorcycle dealer as defined in *chapter 46.94 RCW.
(3) "Franchise" means one or more agreements, whether
oral or written, between a manufacturer and a new motor
vehicle dealer, under which the new motor vehicle dealer is
authorized to sell, service, and repair new motor vehicles,
[2003 RCW Supp—page 665]
46.96.105
Title 46 RCW: Motor Vehicles
parts, and accessories under a common name, trade name,
trademark, or service mark of the manufacturer.
"Franchise" includes an oral or written contract and
includes a dealer agreement, either expressed or implied,
between a manufacturer and a new motor vehicle dealer that
purports to fix the legal rights and liabilities between the parties and under which (a) the dealer is granted the right to purchase and resell motor vehicles manufactured, distributed, or
imported by the manufacturer; (b) the dealer's business is
associated with the trademark, trade name, commercial symbol, or advertisement designating the franchisor or the products distributed by the manufacturer; and (c) the dealer's business relies on the manufacturer for a continued supply of
motor vehicles, parts, and accessories.
(4) "Good faith" means honesty in fact and fair dealing in
the trade as defined and interpreted in RCW 62A.2-103.
(5) "Designated successor" means:
(a) The spouse, biological or adopted child, stepchild,
grandchild, parent, brother, or sister of the owner of a new
motor vehicle dealership who, in the case of the owner's
death, is entitled to inherit the ownership interest in the new
motor vehicle dealership under the terms of the owner's will
or similar document, and if there is no such will or similar
document, then under applicable intestate laws;
(b) A qualified person experienced in the business of a
new motor vehicle dealer who has been nominated by the
owner of a new motor vehicle dealership as the successor in a
written, notarized, and witnessed instrument submitted to the
manufacturer; or
(c) In the case of an incapacitated owner of a new motor
vehicle dealership, the person who has been appointed by a
court as the legal representative of the incapacitated owner's
property.
(6) "Owner" means a person holding an ownership interest in the business entity operating as a new motor vehicle
dealer and who is the designated dealer in the new motor
vehicle franchise agreement.
(7) "Person" means every natural person, partnership,
corporation, association, trust, estate, or any other legal
entity. [2003 c 21 § 1; 1989 c 415 § 2.]
*Reviser's note: Chapter 46.94 RCW was repealed by 2003 c 354 § 24.
Cf. chapter 46.93 RCW.
Captions not law—2003 c 21: "Captions used in this act are not part of
the law." [2003 c 21 § 7.]
46.96.105
46.96.105 Warranty work. (1) Each manufacturer
shall specify in its franchise agreement, or in a separate written agreement, with each of its dealers licensed in this state,
the dealer's obligation to perform warranty work or service
on the manufacturer's products. Each manufacturer shall provide each of its dealers with a schedule of compensation to be
paid to the dealer for any warranty work or service, including
parts, labor, and diagnostic work, required of the dealer by
the manufacturer in connection with the manufacturer's products.
(2) All claims for warranty work for parts and labor
made by dealers under this section shall be submitted to the
manufacturer within one year of the date the work was performed. All claims submitted must be paid by the manufacturer within thirty days following receipt, provided the claim
has been approved by the manufacturer. The manufacturer
[2003 RCW Supp—page 666]
has the right to audit claims for warranty work and to charge
the dealer for any unsubstantiated, incorrect, or false claims
for a period of one year following payment. However, the
manufacturer may audit and charge the dealer for any fraudulent claims during any period for which an action for fraud
may be commenced under applicable state law.
(3) All claims submitted by dealers on the forms and in
the manner specified by the manufacturer shall be either
approved or disapproved within thirty days following their
receipt. The manufacturer shall notify the dealer in writing of
any disapproved claim, and shall set forth the reasons why
the claim was not approved. Any claim not specifically disapproved in writing within thirty days following receipt is
approved, and the manufacturer is required to pay that claim
within thirty days of receipt of the claim. [2003 c 21 § 2;
1998 c 298 § 1.]
Captions not law—2003 c 21: See note following RCW 46.96.020.
Severability—1998 c 298: See note following RCW 19.118.021.
46.96.185
46.96.185 Unfair practices. (1) Notwithstanding the
terms of a franchise agreement, a manufacturer, distributor,
factory branch, or factory representative, or an agent, officer,
parent company, wholly or partially owned subsidiary, affiliated entity, or other person controlled by or under common
control with a manufacturer, distributor, factory branch, or
factory representative, shall not:
(a) Discriminate between new motor vehicle dealers by
selling or offering to sell a like vehicle to one dealer at a
lower actual price than the actual price offered to another
dealer for the same model similarly equipped;
(b) Discriminate between new motor vehicle dealers by
selling or offering to sell parts or accessories to one dealer at
a lower actual price than the actual price offered to another
dealer;
(c) Discriminate between new motor vehicle dealers by
using a promotion plan, marketing plan, or other similar
device that results in a lower actual price on vehicles, parts,
or accessories being charged to one dealer over another
dealer;
(d) Discriminate between new motor vehicle dealers by
adopting a method, or changing an existing method, for the
allocation, scheduling, or delivery of new motor vehicles,
parts, or accessories to its dealers that is not fair, reasonable,
and equitable. Upon the request of a dealer, a manufacturer,
distributor, factory branch, or factory representative shall disclose in writing to the dealer the method by which new motor
vehicles, parts, and accessories are allocated, scheduled, or
delivered to its dealers handling the same line or make of
vehicles;
(e) Give preferential treatment to some new motor vehicle dealers over others by refusing or failing to deliver, in reasonable quantities and within a reasonable time after receipt
of an order, to a dealer holding a franchise for a line or make
of motor vehicles sold or distributed by the manufacturer,
distributor, factory branch, or factory representative, a new
vehicle, parts, or accessories, if the vehicle, parts, or accessories are being delivered to other dealers, or require a dealer to
purchase unreasonable advertising displays or other materials, or unreasonably require a dealer to remodel or renovate
Manufacturers' and Dealers' Franchise Agreements
existing facilities as a prerequisite to receiving a model or
series of vehicles;
(f) Compete with a new motor vehicle dealer by acting in
the capacity of a new motor vehicle dealer, or by owning,
operating, or controlling, whether directly or indirectly, a
motor vehicle dealership in this state. It is not, however, a
violation of this subsection for:
(i) A manufacturer, distributor, factory branch, or factory
representative to own or operate a dealership for a temporary
period, not to exceed two years, during the transition from
one owner of the dealership to another where the dealership
was previously owned by a franchised dealer and is currently
for sale to any qualified independent person at a fair and reasonable price. The temporary operation may be extended for
one twelve-month period on petition of the temporary operator to the department. The matter will be handled as an adjudicative proceeding under chapter 34.05 RCW. A dealer who
is a franchisee of the petitioning manufacturer or distributor
may intervene and participate in a proceeding under this subsection (1)(f)(i). The temporary operator has the burden of
proof to show justification for the extension and a good faith
effort to sell the dealership to an independent person at a fair
and reasonable price;
(ii) A manufacturer, distributor, factory branch, or factory representative to own or operate a dealership in conjunction with an independent person in a bona fide business relationship for the purpose of broadening the diversity of its
dealer body and enhancing opportunities for qualified persons who are part of a group who have historically been
underrepresented in its dealer body, or other qualified persons who lack the resources to purchase a dealership outright,
and where the independent person: (A) Has made, or within
a period of two years from the date of commencement of
operation will have made, a significant, bona fide capital
investment in the dealership that is subject to loss; (B) has an
ownership interest in the dealership; and (C) operates the
dealership under a bona fide written agreement with the manufacturer, distributor, factory branch, or factory representative under which he or she will acquire all of the ownership
interest in the dealership within a reasonable period of time
and under reasonable terms and conditions. The manufacturer, distributor, factory branch, or factory representative
has the burden of proof of establishing that the acquisition of
the dealership by the independent person was made within a
reasonable period of time and under reasonable terms and
conditions. Nothing in this subsection (1)(f)(ii) relieves a
manufacturer, distributor, factory branch, or factory representative from complying with RCW 46.96.185(1) (a)
through (e);
(iii) A manufacturer, distributor, factory branch, or factory representative to own or operate a dealership in conjunction with an independent person in a bona fide business relationship where the independent person: (A) Has made, or
within a period of two years from the date of commencement
of operation will have made, a significant, bona fide capital
investment in the dealership that is subject to loss; (B) has an
ownership interest in the dealership; and (C) operates the
dealership under a bona fide written agreement with the manufacturer, distributor, factory branch, or factory representative under which he or she will acquire all of the ownership
interest in the dealership within a reasonable period of time
46.96.185
and under reasonable terms and conditions. The manufacturer, distributor, factory branch, or factory representative
has the burden of proof of establishing that the acquisition of
the dealership by the independent person was made within a
reasonable period of time and under reasonable terms and
conditions. The number of dealerships operated under this
subsection (1)(f)(iii) may not exceed four percent rounded up
to the nearest whole number of a manufacturer's total of new
motor vehicle dealer franchises in this state. Nothing in this
subsection (1)(f)(iii) relieves a manufacturer, distributor, factory branch, or factory representative from complying with
RCW 46.96.185(1) (a) through (e);
(iv) A truck manufacturer to own, operate, or control a
new motor vehicle dealership that sells only trucks of that
manufacturer's line make with a gross vehicle weight rating
of 12,500 pounds or more, and the truck manufacturer has
been continuously engaged in the retail sale of the trucks at
least since January 1, 1993; or
(v) A manufacturer to own, operate, or control a new
motor vehicle dealership trading exclusively in a single line
make of the manufacturer if (A) the manufacturer does not
own, directly or indirectly, in the aggregate, in excess of
forty-five percent of the total ownership interest in the dealership, (B) at the time the manufacturer first acquires ownership or assumes operation or control of any such dealership,
the distance between any dealership thus owned, operated, or
controlled and the nearest new motor vehicle dealership trading in the same line make of vehicle and in which the manufacturer has no ownership or control is not less than fifteen
miles and complies with the applicable provisions in the relevant market area sections of this chapter, (C) all of the manufacturer's franchise agreements confer rights on the dealer of
that line make to develop and operate within a defined geographic territory or area, as many dealership facilities as the
dealer and the manufacturer agree are appropriate, and (D) as
of January 1, 2000, the manufacturer had no more than four
new motor vehicle dealers of that manufacturer's line make in
this state, and at least half of those dealers owned and operated two or more dealership facilities in the geographic territory or area covered by their franchise agreements with the
manufacturer;
(g) Compete with a new motor vehicle dealer by owning,
operating, or controlling, whether directly or indirectly, a service facility in this state for the repair or maintenance of
motor vehicles under the manufacturer's new car warranty
and extended warranty. Nothing in this subsection (1)(g),
however, prohibits a manufacturer, distributor, factory
branch, or factory representative from owning or operating a
service facility for the purpose of providing or performing
maintenance, repair, or service work on motor vehicles that
are owned by the manufacturer, distributor, factory branch, or
factory representative;
(h) Use confidential or proprietary information obtained
from a new motor vehicle dealer to unfairly compete with the
dealer. For purposes of this subsection (1)(h), "confidential
or proprietary information" means trade secrets as defined in
RCW 19.108.010, business plans, marketing plans or strategies, customer lists, contracts, sales data, revenues, or other
financial information;
(i) Terminate, cancel, or fail to renew a franchise with a
new motor vehicle dealer based upon any of the following
[2003 RCW Supp—page 667]
46.96.220
Title 46 RCW: Motor Vehicles
events, which do not constitute good cause for termination,
cancellation, or nonrenewal under RCW 46.96.060: (A) The
fact that the new motor vehicle dealer owns, has an investment in, participates in the management of, or holds a franchise agreement for the sale or service of another make or
line of new motor vehicles, or (B) the fact that the new motor
vehicle dealer has established another make or line of new
motor vehicles or service in the same dealership facilities as
those of the manufacturer or distributor with the prior written
approval of the manufacturer or distributor, if the approval
was required under the terms of the new motor vehicle
dealer's franchise agreement; or
(j) Coerce or attempt to coerce a motor vehicle dealer to
refrain from, or prohibit or attempt to prohibit a new motor
vehicle dealer from acquiring, owning, having an investment
in, participating in the management of, or holding a franchise
agreement for the sale or service of another make or line of
new motor vehicles or related products, or establishing
another make or line of new motor vehicles or service in the
same dealership facilities, if the prohibition against acquiring, owning, investing, managing, or holding a franchise for
such additional make or line of vehicles or products, or establishing another make or line of new motor vehicles or service
in the same dealership facilities, is not supported by reasonable business considerations. The burden of proving that reasonable business considerations support or justify the prohibition against the additional make or line of new motor vehicles or products or nonexclusive facilities is on the
manufacturer.
(2) Subsection (1)(a), (b), and (c) of this section do not
apply to sales to a motor vehicle dealer: (a) For resale to a
federal, state, or local government agency; (b) where the
vehicles will be sold or donated for use in a program of
driver's education; (c) where the sale is made under a manufacturer's bona fide promotional program offering sales
incentives or rebates; (d) where the sale of parts or accessories is under a manufacturer's bona fide quantity discount
program; or (e) where the sale is made under a manufacturer's
bona fide fleet vehicle discount program. For purposes of
this subsection, "fleet" means a group of fifteen or more new
motor vehicles purchased or leased by a dealer at one time
under a single purchase or lease agreement for use as part of
a fleet, and where the dealer has been assigned a fleet identifier code by the department of licensing.
(3) The following definitions apply to this section:
(a) "Actual price" means the price to be paid by the
dealer less any incentive paid by the manufacturer, distributor, factory branch, or factory representative, whether paid to
the dealer or the ultimate purchaser of the vehicle.
(b) "Control" or "controlling" means (i) the possession
of, title to, or control of ten percent or more of the voting
equity interest in a person, whether directly or indirectly
through a fiduciary, agent, or other intermediary, or (ii) the
possession, direct or indirect, of the power to direct or cause
the direction of the management or policies of a person,
whether through the ownership of voting securities, through
director control, by contract, or otherwise, except as
expressly provided under the franchise agreement.
(c) "Motor vehicles" does not include trucks that are
14,001 pounds gross vehicle weight and above or recreational
vehicles as defined in RCW 43.22.335.
[2003 RCW Supp—page 668]
(d) "Operate" means to manage a dealership, whether
directly or indirectly.
(e) "Own" or "ownership" means to hold the beneficial
ownership of one percent or more of any class of equity interest in a dealership, whether the interest is that of a shareholder, partner, limited liability company member, or otherwise. To hold an ownership interest means to have possession of, title to, or control of the ownership interest, whether
directly or indirectly through a fiduciary, agent, or other
intermediary.
(4) A violation of this section is deemed to affect the
public interest and constitutes an unlawful and unfair practice
under chapter 19.86 RCW. A person aggrieved by an alleged
violation of this section may petition the department to have
the matter handled as an adjudicative proceeding under chapter 34.05 RCW. [2003 c 21 § 3; 2000 c 203 § 1.]
Captions not law—2003 c 21: See note following RCW 46.96.020.
46.96.220
46.96.220 Right of first refusal. (1) In the event of a
proposed sale or transfer of a new motor vehicle dealership
involving the transfer or sale of more than fifty percent of the
ownership interest in, or more than fifty percent of the assets
of, the dealership at the time of the transfer or sale, where the
franchise agreement for the dealership contains a right of first
refusal in favor of the manufacturer or distributor, then notwithstanding the terms of the franchise agreement, the manufacturer or distributor must be permitted to exercise a right of
first refusal to acquire the dealership only if all of the following requirements are met:
(a) The manufacturer or distributor sends by certified
mail, return receipt requested, or delivers by personal service,
notice of its intent to exercise its right of first refusal within
the lesser of (i) forty-five days of receipt of the completed
proposal for the proposed sale or transfer, or (ii) the time
period specified in the dealership's franchise agreement; and
(b) The exercise of the right of first refusal will result in
the motor vehicle dealer receiving consideration, terms, and
conditions that are equal to or better than that for which the
dealer has contracted in connection with the proposed transaction.
(2) Notwithstanding subsection (1) of this section, the
manufacturer's or distributor's right of first refusal does not
apply to transfer of a dealership under RCW 46.96.110, and
does not apply to a proposed transaction involving any of the
following purchasers or transferees:
(a) A purchaser or transferee who has been preapproved
by the manufacturer or distributor with respect to the transaction;
(b) A family member or members, including the spouse,
biological or adopted child, stepchild, grandchild, spouse of a
child or grandchild, brother, sister, or parent of the dealeroperator, or one or more of the dealership's owners;
(c) A manager continuously employed by the motor
vehicle dealer in the dealership during the previous three
years who is otherwise qualified as a dealer-operator by
meeting the reasonable and uniformly applied standards for
approval of an application as a new motor vehicle dealeroperator by the manufacturer;
(d) A partnership, corporation, limited liability company, or other entity controlled by any of the family mem-
Manufacturers' and Dealers' Franchise Agreements
bers, identified in (b) of this subsection, of the dealer-operator; or
(e) A trust established or to be established for the purpose of allowing the new motor vehicle dealer to continue to
qualify as such under the manufacturer's or distributor's standards, or provides for the succession of the franchise agreement to designated family members identified in (b) of this
subsection, or qualified management identified in (c) of this
subsection, in the event of the death or incapacity of the
dealer-operator or its principal owner or owners.
(3) As a condition to the manufacturer or distributor
exercising its right of first refusal, the manufacturer or distributor shall pay the reasonable expenses, including attorneys' fees, incurred by the dealer's proposed purchaser or
transferee in negotiating, and undertaking any action to consummate, the contract for the proposed sale of the dealership
up to the time of the manufacturer's or distributor's exercise
of that right. In addition, the manufacturer or distributor shall
pay any fees and expenses of the motor vehicle dealer arising
on and after the date the manufacturer or distributor gives
notice of the exercise of its right of first refusal, and incurred
by the motor vehicle dealer as a result of alterations to documents, or additional appraisals, valuations, or financial analyses caused or required of the dealer by the manufacturer or
distributor to consummate the contract for the sale of the
dealership to the manufacturer's or distributor's proposed
transferee, that would not have been incurred but for the manufacturer's or distributor's exercise of its right of first refusal.
These expenses and fees must be paid by the manufacturer or
distributor to the dealer and to the dealer's proposed purchaser or transferee on or before the closing date of the sale
of the dealership to the manufacturer or distributor if the
party entitled to reimbursement has submitted or caused to be
submitted to the manufacturer or distributor, an accounting of
these expenses and fees within thirty days after receipt of the
manufacturer's or distributor's written request for the
accounting. A manufacturer or distributor may request the
accounting before exercising its right of first refusal.
(4) As a further condition to the exercise of its right of
first refusal, a manufacturer or distributor shall assume and
guarantee the lease or shall acquire the real property on which
the motor vehicle franchise is conducted. Unless otherwise
agreed to by the dealer and manufacturer or distributor, the
lease terms or the real property acquisition terms must be the
same as those on which the lease or property was to be transferred or sold to the dealer's proposed purchaser or transferee.
(5) If the selling dealer has disclosed to the proposed
purchaser or transferee, in writing, the existence of the manufacturer's or distributor's right of first refusal, then the selling dealer has no liability to the proposed purchaser or transferee for a claim for damages resulting from the manufacturer
or distributor exercising its right of first refusal. If the existence of the manufacturer's or distributor's right of first refusal
was disclosed by the selling dealer to the proposed purchaser
or transferee, in writing, before or at the time of execution of
the purchase and sale or transfer agreement, the manufacturer
or distributor shall indemnify, hold harmless, and defend the
selling dealer from and against any and all claims, damages,
losses, actions, or causes of action asserted by the dealer's
proposed purchaser or transferee against the selling dealer
arising from the manufacturer's or distributor's exercise of its
46.96.230
right of first refusal, and has the right, under this section, to
file a motion on behalf of the dealer to dismiss the actions or
causes of action asserted by the dealer's proposed purchaser
or transferee. [2003 c 21 § 4.]
Captions not law—2003 c 21: See note following RCW 46.96.020.
46.96.230
46.96.230 Manufacturer incentive programs. (1) A
manufacturer or distributor shall pay a motor vehicle dealer's
claim for payment or other compensation due under a manufacturer incentive program within thirty days after approval
of the claim. A claim that is not disapproved or disallowed
within thirty days after the manufacturer or distributor
receives the claim is deemed automatically approved. If the
motor vehicle dealer's claim is not approved, the manufacturer or distributor shall provide the dealer with written
notice of the reasons for the disapproval at the time notice of
disapproval is given.
(2) A manufacturer may not deny a claim based solely on
a motor vehicle dealer's incidental failure to comply with a
specific claim-processing requirement that results in a clerical error or other administrative technicality.
(3) Notwithstanding the terms of a franchise agreement
or other contract with a manufacturer or distributor, a motor
vehicle dealer has one year after the expiration of a manufacturer or distributor incentive program to submit a claim for
payment or compensation under the program.
(4) Notwithstanding the terms of a franchise agreement
or other contract with a dealer and except as provided in subsection (5) of this section, after the expiration of one year
after the date of payment of a claim under a manufacturer or
distributor incentive program, a manufacturer or distributor
may not:
(a) Charge back to a motor vehicle dealer, whether
directly or indirectly, the amount of a claim that has been
approved and paid by the manufacturer or distributor under
an incentive program;
(b) Charge back to a motor vehicle dealer, whether
directly or indirectly, the cash value of a prize or other thing
of value awarded to the dealer under an incentive program; or
(c) Audit the records of a motor vehicle dealer to determine compliance with the terms of an incentive program.
Where, however, a manufacturer or distributor has reasonable grounds to believe that the dealer committed fraud with
respect to the incentive program, the manufacturer or distributor may audit the dealer for a fraudulent claim during any
period for which an action for fraud may be commenced
under applicable state law.
(5) Notwithstanding subsection (4)(a) and (b) of this section, a manufacturer or distributor may make charge-backs to
a motor vehicle dealer if, after completion of an audit of the
dealer's records, the manufacturer or distributor can show, by
a preponderance of the evidence, that (a) the claim was intentionally false or fraudulent at the time it was submitted to the
manufacturer or distributor, or (b) with respect to a claim
under a service incentive program, the repair work was
improperly performed in a substandard manner or was unnecessary to correct a defective condition. [2003 c 21 § 5.]
Captions not law—2003 c 21: See note following RCW 46.96.020.
[2003 RCW Supp—page 669]
46.96.240
Title 47 RCW: Public Highways and Transportation
46.96.240
46.96.240 Venue. Notwithstanding the provisions of a
franchise agreement or other provision of law to the contrary,
the venue for a cause of action, claim, lawsuit, administrative
hearing or proceeding, arbitration, or mediation, whether
arising under this chapter or otherwise, in which the parties or
litigants are a manufacturer or distributor and one or more
motor vehicle dealers, is the state of Washington. It is the
public policy of this state that venue provided for in this section may not be modified or waived in any contract or other
agreement, and any provision contained in a franchise agreement that requires arbitration or litigation to be conducted
outside the state of Washington is void and unenforceable.
This section does not apply to a voluntary dispute resolution procedure that is not binding on the dealer. [2003 c 21 §
6.]
Captions not law—2003 c 21: See note following RCW 46.96.020.
Title 47
Title 47
PUBLIC HIGHWAYS AND
TRANSPORTATION
Reviser’s note: Referendum Bill No. 51 was rejected by
the voters at the November 2002 election, after the 2002 print
edition of the Revised Code of Washington had been published and distributed. The following explains what session
laws were affected and the resulting changes that were made
to this title.
Engrossed Substitute Senate Bill No. 6008 (codified as
2002 c 203) was contingent on funding being provided by
legislative appropriation (see 2002 c 203 § 13). Funding was
provided in Engrossed Substitute Senate Bill No. 6347 (codified as 2002 c 201). However, 2002 c 201 was contingent on
passage of Engrossed Substitute House Bill No. 2969 (codified as 2002 c 202), which was sent to the voters as Referendum Bill No. 51, and rejected by the voters. Therefore, 2002
c 201 and 2002 c 203 did not take effect.
We have removed RCW 47.05.100, and the notes following, from this title.
Chapters
47.01
47.04
47.06
47.06C
47.10
47.12
47.28
47.36
47.38
47.39
47.41
47.44
47.52
47.60
47.64
47.68
47.76
47.80
Department of transportation.
General provisions.
Statewide transportation planning.
Permit efficiency and accountability.
Highway construction bonds.
Acquisition and disposition of state highway
property.
Construction and maintenance of highways.
Traffic control devices.
Roadside areas—Safety rest areas.
Scenic and recreational highway act of 1967.
Junkyards adjacent to interstate and primary
highways.
Franchises on state highways.
Limited access facilities.
Puget sound ferry and toll bridge system.
Marine employees—Public employment relations.
Aeronautics.
Rail freight service.
Regional transportation planning organizations.
[2003 RCW Supp—page 670]
Chapter 47.01
Chapter 47.01 RCW
DEPARTMENT OF TRANSPORTATION
Sections
47.01.321
47.01.900
Skills bank—Report.
Repealed.
47.01.321
47.01.321 Skills bank—Report. The department of
transportation shall work with local transportation jurisdictions and representatives of transportation labor groups to
establish a human resources skills bank of transportation professionals. The skills bank must be designed to allow all
transportation authorities to draw from it when needed. The
department shall issue a report of findings and recommendations to the transportation committees of the legislature by
December 1, 2003. The report must include, but not be limited to, identification of any statutory or administrative rule
changes necessary to create the skills bank and allow it to
function in the manner described. [2003 c 363 § 203.]
Findings—Intent—2003 c 363 §§ 201-206: See note following RCW
49.04.041.
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
47.01.900
47.01.900 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 47.04
Chapter 47.04 RCW
GENERAL PROVISIONS
Sections
47.04.010
47.04.045
47.04.046
47.04.010
Definitions.
Wireless service facilities—Right of way leases—Rules.
Wireless site leases—Pending applications.
47.04.010 Definitions. The following words and
phrases, wherever used in this title, shall have the meaning as
in this section ascribed to them, unless where used the context thereof shall clearly indicate to the contrary or unless
otherwise defined in the chapter of which they are a part:
(1) "Alley." A highway within the ordinary meaning of
alley not designated for general travel and primarily used as a
means of access to the rear of residences and business establishments;
(2) "Arterial highway." Every highway, as herein
defined, or portion thereof designated as such by proper
authority;
(3) "Business district." The territory contiguous to and
including a highway, as herein defined, when within any six
hundred feet along such highway there are buildings in use
for business or industrial purposes, including but not limited
to hotels, banks, or office buildings, railroad stations, and
public buildings which occupy at least three hundred feet of
frontage on one side or three hundred feet collectively on
both sides of the highway;
(4) "Center line." The line, marked or unmarked parallel
to and equidistant from the sides of a two-way traffic roadway of a highway except where otherwise indicated by
painted lines or markers;
(5) "Center of intersection." The point of intersection of
the center lines of the roadways of intersecting highways;
General Provisions
(6) "City street." Every highway as herein defined, or
part thereof located within the limits of incorporated cities
and towns, except alleys;
(7) "Combination of vehicles." Every combination of
motor vehicle and motor vehicle, motor vehicle and trailer, or
motor vehicle and semitrailer;
(8) "Commercial vehicle." Any vehicle the principal use
of which is the transportation of commodities, merchandise,
produce, freight, animals, or passengers for hire;
(9) "County road." Every highway as herein defined, or
part thereof, outside the limits of incorporated cities and
towns and which has not been designated as a state highway,
or branch thereof;
(10) "Crosswalk." The portion of the roadway between
the intersection area and a prolongation or connection of the
farthest sidewalk line or in the event there are no sidewalks
then between the intersection area and a line ten feet therefrom, except as modified by a marked crosswalk;
(11) "Highway." Every way, lane, road, street, boulevard, and every way or place in the state of Washington open
as a matter of right to public vehicular travel both inside and
outside the limits of incorporated cities and towns;
(12) "Intersection area." (a) The area embraced within
the prolongation or connection of the lateral curb lines, or, if
none, then the lateral boundary lines of the roadways of two
or more highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may
come in conflict;
(b) Where a highway includes two roadways thirty feet
or more apart, then every crossing of each roadway of such
divided highway by an intersecting highway shall be
regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet or
more apart, then every crossing of two roadways of such
highways shall be regarded as a separate intersection;
(c) The junction of an alley with a street or highway shall
not constitute an intersection;
(13) "Intersection control area." The intersection area as
herein defined, together with such modification of the adjacent roadway area as results from the arc or curb corners and
together with any marked or unmarked crosswalks adjacent
to the intersection;
(14) "Laned highway." A highway the roadway of
which is divided into clearly marked lanes for vehicular traffic;
(15) "Local authorities." Every county, municipal, or
other local public board or body having authority to adopt
local police regulations under the Constitution and laws of
this state;
(16) "Marked crosswalk." Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other
markings on the surface thereof;
(17) "Metal tire." Every tire, the bearing surface of
which in contact with the highway is wholly or partly of
metal or other hard, nonresilient material;
(18) "Motor truck." Any motor vehicle, as herein
defined, designed or used for the transportation of commodities, merchandise, produce, freight, or animals;
(19) "Motor vehicle." Every vehicle, as herein defined,
which is in itself a self-propelled unit;
47.04.010
(20) "Multiple lane highway." Any highway the roadway of which is of sufficient width to reasonably accommodate two or more separate lanes of vehicular traffic in the
same direction, each lane of which shall be not less than the
maximum legal vehicle width, and whether or not such lanes
are marked;
(21) "Operator." Every person who drives or is in actual
physical control of a vehicle as herein defined;
(22) "Peace officer." Any officer authorized by law to
execute criminal process or to make arrests for the violation
of the statutes generally or of any particular statute or statutes
relative to the highways of this state;
(23) "Pedestrian." Any person afoot or who is using a
wheelchair, power wheelchair as defined in RCW 46.04.415,
or a means of conveyance propelled by human power other
than a bicycle;
(24) "Person." Every natural person, firm, copartnership, corporation, association, or organization;
(25) "Personal wireless service." Any federally licensed
personal wireless service;
(26) "Personal wireless service facilities." Unstaffed
facilities that are used for the transmission or reception, or
both, of personal wireless services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures;
(27) "Pneumatic tires." Every tire of rubber or other
resilient material designed to be inflated with compressed air
to support the load thereon;
(28) "Private road or driveway." Every way or place in
private ownership and used for travel of vehicles by the
owner or those having express or implied permission from
the owner, but not by other persons;
(29) "Railroad." A carrier of persons or property upon
vehicles, other than street cars, operated upon stationary rails,
the route of which is principally outside incorporated cities
and towns;
(30) "Railroad sign or signal." Any sign, signal, or
device erected by authority of a public body or official or by
a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train;
(31) "Residence district." The territory contiguous to
and including the highway, as herein defined, not comprising
a business district, as herein defined, when the property on
such highway for a continuous distance of three hundred feet
or more on either side thereof is in the main improved with
residences or residences and buildings in use for business;
(32) "Roadway." The paved, improved, or proper driving portion of a highway designed, or ordinarily used for
vehicular travel;
(33) "Safety zone." The area or space officially set apart
within a roadway for the exclusive use of pedestrians and
which is protected or is marked or indicated by painted
marks, signs, buttons, standards, or otherwise so as to be
plainly discernible;
(34) "Sidewalk." That property between the curb lines or
the lateral lines of a roadway, as herein defined, and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a highway and dedicated to use by pedestrians;
[2003 RCW Supp—page 671]
47.04.045
Title 47 RCW: Public Highways and Transportation
(35) "Solid tire." Every tire of rubber or other resilient
material which does not depend upon inflation with compressed air for the support of the load thereon;
(36) "State highway." Every highway as herein defined,
or part thereof, which has been designated as a state highway,
or branch thereof, by legislative enactment;
(37) "Street car." A vehicle other than a train, as herein
defined, for the transporting of persons or property and operated upon stationary rails principally within incorporated cities and towns;
(38) "Traffic." Pedestrians, ridden or herded animals,
vehicles, street cars, and other conveyances either singly or
together while using any highways for purposes of travel;
(39) "Traffic control signal." Any traffic device, as
herein defined, whether manually, electrically, or mechanically operated, by which traffic alternately is directed to stop
or proceed or otherwise controlled;
(40) "Traffic devices." All signs, signals, markings, and
devices not inconsistent with this title placed or erected by
authority of a public body or official having jurisdiction, for
the purpose of regulating, warning, or guiding traffic;
(41) "Train." A vehicle propelled by steam, electricity,
or other motive power with or without cars coupled thereto,
operated upon stationary rails, except street cars;
(42) "Vehicle." Every device capable of being moved
upon a highway and in, upon, or by which any person or
property is or may be transported or drawn upon a highway,
excepting power wheelchairs, as defined in RCW 46.04.415,
or devices moved by human or animal power or used exclusively upon stationary rails or tracks.
Words and phrases used herein in the past, present, or
future tense shall include the past, present, and future tenses;
words and phrases used herein in the masculine, feminine, or
neuter gender shall include the masculine, feminine, and neuter genders; and words and phrases used herein in the singular
or plural shall include the singular and plural; unless the context thereof shall indicate to the contrary. [2003 c 244 § 2;
2003 c 141 § 8; 1975 c 62 § 50; 1967 ex.s. c 145 § 42; 1961 c
13 § 47.04.010. Prior: 1937 c 53 § 1; RRS § 6400-1.]
Reviser's note: This section was amended by 2003 c 141 § 8 and by
2003 c 244 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—1975 c 62: See note following RCW 36.75.010.
Aeronautics, definitions relating to: RCW 47.68.020.
Canal, defined: RCW 47.72.060.
Department, commission, secretary—Defined: RCW 47.01.021.
Ferry workers, marine employees, definitions relating to: RCW 47.64.011.
Junkyards, definitions relating to: RCW 47.41.020.
Limited access facilities, definitions relating to: RCW 46.52.010.
Signs and scenic vistas, definitions relating to: RCW 47.42.020.
Toll bridges, roads, definitions relating to: RCW 47.56.010.
Urban arterials, definitions relating to: RCW 47.26.040, 47.26.090,
47.26.100, 47.26.110.
Urban public transportation systems—Defined: RCW 47.04.082.
(b) "Service provider" means every corporation, company, association, joint stock association, firm, partnership,
or person that owns, operates, or manages any personal wireless service facility. "Service provider" includes a service
provider's contractors, subcontractors, and legal successors.
(2) The department shall establish a process for issuing a
lease for the use of the right of way by a service provider and
shall require that telecommunications equipment be colocated on the same structure whenever practicable. Consistent with federal highway administration approval, the lease
must include the right of direct ingress and egress from the
highway for construction and maintenance of the personal
wireless service facility during nonpeak hours if public safety
is not adversely affected. Direct ingress and egress may be
allowed at any time for the construction of the facility if public safety is not adversely affected and if construction will not
substantially interfere with traffic flow during peak traffic
periods. The lease may specify an indirect ingress and egress
to the facility if it is reasonable and available for the particular location.
(3) The cost of the lease must be limited to the fair market value of the portion of the right of way being used by the
service provider and the direct administrative expenses
incurred by the department in processing the lease application.
If the department and the service provider are unable to
agree on the cost of the lease, the service provider may submit the cost of the lease to binding arbitration by serving written notice on the department. Within thirty days of receiving
the notice, each party shall furnish a list of acceptable arbitrators. The parties shall select an arbitrator; failing to agree on
an arbitrator, each party shall select one arbitrator and the two
arbitrators shall select a third arbitrator for an arbitration
panel. The arbitrator or panel shall determine the cost of the
lease based on comparable siting agreements. Costs of the
arbitration, including compensation for the arbitrator's services, must be borne equally by the parties participating in
the arbitration and each party shall bear its own costs and
expenses, including legal fees and witness expenses, in connection with the arbitration proceeding.
(4) The department shall act on an application for a lease
within sixty days of receiving a completed application, unless
a service provider consents to a different time period.
(5) The reasons for a denial of a lease application must
be supported by substantial evidence contained in a written
record.
(6) The department may adopt rules to implement this
section.
(7) All lease money paid to the department under this
section shall be deposited in the motor vehicle fund created in
RCW 46.68.070. [2003 c 244 § 5.]
47.04.046
47.04.046 Wireless site leases—Pending applications.
Applications for wireless site leases pending on July 27,
2003, must be treated as applications under RCW 47.04.045
with the consent of the applicant. [2003 c 244 § 8.]
47.04.045
47.04.045 Wireless service facilities—Right of way
leases—Rules. (1) For the purposes of this section:
(a) "Right of way" means all state-owned land within a
state highway corridor.
[2003 RCW Supp—page 672]
Chapter 47.06 RCW
STATEWIDE TRANSPORTATION PLANNING
Chapter 47.06
Sections
Permit Efficiency and Accountability
47.06.043
Technical workers—Skill enhancement.
47.06.043
47.06.043 Technical workers—Skill enhancement.
The state interest component of the statewide multimodal
transportation plan must include a plan for enhancing the
skills of the existing technical transportation work force.
[2003 c 363 § 204.]
Findings—Intent—2003 c 363 §§ 201-206: See note following RCW
49.04.041.
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
Chapter 47.06C RCW
PERMIT EFFICIENCY AND ACCOUNTABILITY
Chapter 47.06C
Sections
47.06C.010 Findings—Intent. (Expires March 31, 2006.)
47.06C.040 Committee responsibilities. (Expires March 31, 2006.)
47.06C.901 Expiration date—2001 1st sp.s. c 2.
47.06C.010
47.06C.010 Findings—Intent. (Expires March 31,
2006.) The legislature finds that the public health and safety
of its citizens, the natural resources, and the environment are
vital interests of the state that need to be protected and preserved. The legislature further finds that the safety of the
traveling public and the state's economic well-being are vital
interests that depend upon the development of cost-effective
and efficient transportation systems planned, designed, constructed, and maintained through expedited permit decisionmaking processes.
It is the intent of the legislature to achieve transportation
permit reform that expedites the delivery of transportation
projects through a streamlined approach to environmental
permit decision making. To optimize the limited resources
available for transportation system improvements and environmental protection, state regulatory and natural resource
agencies, public and private sector interests, Indian tribes,
local and regional governments, applicable federal agencies,
and the department of transportation must work cooperatively to establish common goals, minimize project delays,
develop consistency in the application of environmental standards, maximize environmental benefits through coordinated
investment strategies, and eliminate duplicative processes
through assigned responsibilities of selected permit drafting
and compliance activities between state and federal agencies.
Therefore, the transportation permit efficiency and
accountability committee is created. The committee shall
integrate current environmental standards, but may not create
new environmental standards. The committee shall conduct
three environmental permit streamlining pilot projects and
create a process to develop general permits. Additionally, the
committee shall seek federal delegation to the state where
appropriate to streamline transportation projects. [2003 c 8 §
1; 2001 1st sp.s. c 2 § 1.]
Effective date—2003 c 8: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 31, 2003]." [2003 c 8 § 4.]
47.06C.040
47.06C.040 Committee responsibilities. (Expires
March 31, 2006.) (1)(a) The committee and its authorized
technical subcommittees shall develop a one-stop permit
47.06C.040
decision-making process that uses interdisciplinary review of
transportation projects of statewide significance to streamline
and expedite permit decision making. The committee shall
collaborate with appropriate agencies and parties to identify
existing environmental standards, to assess the application of
those standards, and develop an integrated permitting process
based upon environmental standards and best management
practices, which may use prescriptive or performance standards, for transportation projects of statewide significance
that can be applied with certainty, consistency, and assurance
of swift permit action, while taking into account the varying
environmental conditions throughout the state.
(b) By June 30, 2003, the committee shall develop a
detailed work plan of one-stop permitting activities for
review by the legislature. The work plan must include both a
schedule to use the one-stop permit process on all funded
transportation projects of statewide significance and any
additional resources needed to ensure that this occurs. This
work plan must include a process that enables the department
to propose permit terms and conditions for permitting agency
review and approval.
(c) The committee shall provide a status report to the legislature by December 31, 2003, and shall also identify barriers and opportunities to achieve a concurrent public review
process, concurrent public hearings, and a unified appeals
process for one-stop permitting.
(2) The committee shall give notice to the legislative
authority of each affected county and city of the projects that
are designated as transportation projects of statewide significance.
(3) The committee shall create a technical subcommittee
with representation at a minimum from the department of fish
and wildlife, the department of ecology, and the department
of transportation.
(a) Within six months from the first meeting of the committee, the subcommittee shall create a process to develop a
programmatic approach for transportation projects. The
committee shall review the department's construction project
list to determine which projects or activities may be included
in the programmatic approach and develop agreements with a
goal of covering seventy percent of those projects or activities with programmatic agreements. At a minimum, this process must require that decisions on minor variations to the
requirements of a programmatic approach must be provided
by the permit decision-making agencies within twenty-one
days of submittal.
(b) By June 30, 2003, the committee shall prioritize programmatic agreement opportunities identified in (a) of this
subsection, develop a detailed work plan to achieve the goals
set forth, and submit the report and plan to the legislature.
The work plan must be reviewed and updated on a quarterly
basis and submitted to the legislature twice yearly. This work
plan must include the following elements:
(i) A schedule of activities and resources needed to
achieve completion of the nine highest priority multiagency
programmatic agreements by June 30, 2004;
(ii) A prioritized list of the remaining departmental activities eligible for programmatic, multiagency consideration by
September 30, 2003;
[2003 RCW Supp—page 673]
47.06C.040
Title 47 RCW: Public Highways and Transportation
(iii) A schedule of activities and resources to achieve
completion of the prioritized list of programmatic agreements
by December 31, 2005.
(c) The committee shall work with local governments to
identify opportunities to integrate local government requirements in the agreements or permits identified in (b) of this
subsection.
(d) The technical subcommittee's recommendations
must be approved by a majority of the voting members of the
committee.
(4) The committee shall explore the development of a
consolidated local permit process.
(5) The committee shall conduct one or more pilot
projects to implement the collaborative review process set
forth in RCW 36.70A.430 to review and coordinate state and
local permits for a transportation project funded in the transportation budget and that crosses more than one city or
county boundary.
(6) The committee shall appoint a task force of representatives from cities and counties, the department of transportation, and other agencies as appropriate to identify one or
more city or county permits for activities for which uniform
standards can be developed for application by local governments. It is the goal of the task force to develop uniform standards and best practices for these identified permits that may
be used by local governments in issuing their permits. The
task force shall identify strategies for local governments to
adapt these standards and best practices to local conditions.
The committee shall encourage local governments to use
these standards and best practices in local ordinances. The
task force shall submit a progress report to the committee and
the legislature by December 31, 2003, and shall conclude its
work and report its final recommendations for review to the
committee and the legislature no later than December 31,
2004.
(7) The committee shall develop and prioritize a list of
permit streamlining opportunities, specifically identifying
substantive and procedural duplications and recommendations for resolving those duplications. The committee shall
evaluate current laws and regulations and develop recommendations on ways to minimize the lapsing of permits. The
committee shall evaluate flexible approaches that maximize
transportation and environmental interests and make recommendations regarding where those approaches should be
implemented.
(8) The committee shall undertake the following activities to develop a watershed approach to environmental mitigation:
(a) Develop methodologies for analyzing environmental
impacts and applying compensatory mitigation consistent
with a watershed-based approach before final design, including least cost methodology and low-impact development
methodology;
(b) Assess models to collate and access watershed data to
support early agency involvement in transportation planning
and reviews under the national Environmental Policy Act and
the State Environmental Policy Act;
(c) Use existing best available information from watershed planning efforts, lead entities, regional fisheries
enhancement groups, and other recognized entities as
deemed appropriate by the committee, to determine potential
[2003 RCW Supp—page 674]
mitigation requirements for projects within a watershed. Priority consideration should be given to the use of the state's
alternative mitigation policy guidance to best link transportation mitigation needs with local watershed and lead entity
project lists; and
(d) By June 30, 2003, develop a detailed work plan that
covers watershed-based mitigation activities. This work plan
must be submitted to the legislature and include the following
elements:
(i) A schedule of activities and resources needed to complete a watershed-based mitigation policy by December 31,
2003, that covers elements of permitting deemed appropriate
by the committee;
(ii) A schedule of activities and resources needed to
develop watershed-based mitigation decision-making tools
by June 30, 2004;
(iii) A schedule of activities and resources needed to
complete a test of technical and policy methods of watershedbased mitigation decision making by December 31, 2004, for
a funded project in an urbanized area of the state; and
(iv) A schedule to integrate watershed-based mitigation
policies, technical tools, and procedures for projects by June
30, 2005.
(9)(a) The committee shall seek federal delegation to the
state where appropriate to streamline permit processes for
transportation projects of statewide significance including:
Delegation of section 404 permit authority under the Clean
Water Act; nonfederal lead agency status under the federal
Endangered Species Act; section 106 cultural resource designation under the National Historic Preservation Act; and
other appropriate authority that when delegated should result
in permit streamlining.
(b) The department, the department of ecology, and the
department of fish and wildlife shall jointly review relevant
federal, state, and local environmental laws, regulations, policies, guidance, studies, and streamlining initiatives, and shall
report to the committee and the legislature by September 30,
2003, on those instances where such might allow for delegation to the department or some other duly recognized entity as
appropriate. The report must include recommendations on:
(i) How to delegate consistent with federal permit
streamlining efforts contained in new federal transportation
authorizations and under Presidential Executive Order number 13274, Environmental Stewardship and Transportation
Infrastructure Project Reviews, September 18, 2002;
(ii) How to maximize possible use of programmatic
approaches to simplify issuance of federally required permits
and project approvals;
(iii) The scope, roles, and responsibilities associated
with any such delegation, especially as relates to regulatory
standard setting, permitting, and oversight; and
(iv) A work plan and schedule of activities and resources
needed to implement the recommendations of the department, the department of ecology, and the department of fish
and wildlife on this matter.
The committee shall take action on the report, and shall
report to the legislature by December 31, 2003, and every six
months thereafter on the status of such delegation efforts.
(10) The committee shall develop a dispute resolution
process to resolve conflicts in interpretation of environmental
standards and best management practices, mitigation require-
Highway Construction Bonds
ments, permit requirements, assigned responsibilities, and
other related issues by September 1, 2001. The dispute resolution process may not abrogate or supplant any appeal right
of any party under existing statutes. The dispute resolution
process must be designed to include federal agencies if they
choose to participate.
(11) The committee shall develop preliminary models
and strategies for agencies to test how best to maximize the
environmental investment of transportation funds on a watershed basis. After agencies test the models and strategies
developed by the committee, the committee shall evaluate the
models and strategies and make recommendations to the legislature.
(12) The committee shall develop a consistent methodology for the timely and predictable submittal and evaluation of
completed plans and specifications detailing project elements
that impact environmental resources as well as proposed mitigation measures during the preliminary specifications and
engineering phase of project development and submit information on the consistent methodology to the legislature.
(13) The committee shall provide a summary report to
the legislature on December 31, 2003, and every six months
thereafter that details the committee's status and performance
and its progress in implementing its master work plan. [2003
c 8 § 2; 2001 1st sp.s. c 2 § 4.]
Effective date—2003 c 8: See note following RCW 47.06C.010.
47.06C.901
47.06C.901 Expiration date—2001 1st sp.s. c 2. This
act expires March 31, 2006. [2003 c 8 § 3; 2001 1st sp.s. c 2
§ 13.]
Effective date—2003 c 8: See note following RCW 47.06C.010.
Chapter 47.10
Chapter 47.10 RCW
HIGHWAY CONSTRUCTION BONDS
Sections
Bond issue authorized.
Administration and amount of sale.
Proceeds—Deposit and use.
Statement of general obligation—Pledge of excise taxes.
Repayment procedure—Bond retirement fund.
Equal charge against motor vehicle and special fuels tax revenues.
MULTIMODAL TRANSPORTATION PROJECTS—2003 ACT
47.10.867
47.10.868
47.10.869
47.10.870
47.10.871
47.10.872
Bond issue authorized—Appropriation of proceeds.
Proceeds—Deposit and use.
Repayment procedure.
Statement of general obligation—Transfer and payment of
funds.
Additional repayment means.
Legal investment.
2003 TRANSPORTATION PROJECTS—
NICKEL ACCOUNT
47.10.861
of two billion six hundred million dollars of general obligation bonds of the state of Washington. [2003 c 147 § 1.]
Effective date—2003 c 147: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 147 § 16.]
47.10.862
47.10.862 Administration and amount of sale. Upon
the request of the transportation commission, as appropriate,
the state finance committee shall supervise and provide for
the issuance, sale, and retirement of the bonds in RCW
47.10.861 through 47.10.866 in accordance with chapter
39.42 RCW. Bonds authorized by RCW 47.10.861 through
47.10.866 shall be sold in the manner, at time or times, in
amounts, and at the price as the state finance committee shall
determine. No bonds may be offered for sale without prior
legislative appropriation of the net proceeds of the sale of the
bonds.
The state finance committee shall consider the issuance
of short-term obligations in lieu of long-term obligations for
the purposes of more favorable interest rates, lower total
interest costs, and increased marketability and for the purpose
of retiring the bonds during the life of the project for which
they were issued. [2003 c 147 § 2.]
Effective date—2003 c 147: See note following RCW 47.10.861.
47.10.863
47.10.863 Proceeds—Deposit and use. The proceeds
from the sale of bonds authorized by RCW 47.10.861 shall be
deposited in the transportation 2003 account (nickel account)
in the motor vehicle fund. The proceeds shall be available
only for the purposes enumerated in RCW 47.10.861, for the
payment of bond anticipation notes, if any, and for the payment of bond issuance costs, including the costs of underwriting. [2003 c 147 § 3.]
Effective date—2003 c 147: See note following RCW 47.10.861.
47.10.864
2003 TRANSPORTATION PROJECTS—NICKEL ACCOUNT
47.10.861
47.10.862
47.10.863
47.10.864
47.10.865
47.10.866
47.10.865
47.10.861 Bond issue authorized. In order to provide
funds necessary for the location, design, right of way, and
construction of selected projects or improvements that are
identified as transportation 2003 projects or improvements in
the omnibus transportation budget, there shall be issued and
sold upon the request of the transportation commission a total
47.10.864 Statement of general obligation—Pledge of
excise taxes. Bonds issued under the authority of RCW
47.10.861 through 47.10.866 shall distinctly state that they
are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay such principal and interest as the same shall become due. The principal and interest
on the bonds shall be first payable in the manner provided in
RCW 47.10.861 through 47.10.866 from the proceeds of the
state excise taxes on motor vehicle and special fuels imposed
by chapters 82.36 and 82.38 RCW. Proceeds of these excise
taxes are hereby pledged to the payment of any bonds and the
interest thereon issued under the authority of RCW 47.10.861
through 47.10.866, and the legislature agrees to continue to
impose these excise taxes on motor vehicle and special fuels
in amounts sufficient to pay, when due, the principal and
interest on all bonds issued under the authority of RCW
47.10.861 through 47.10.866. [2003 c 147 § 4.]
Effective date—2003 c 147: See note following RCW 47.10.861.
47.10.865
47.10.865 Repayment procedure—Bond retirement
fund. Both principal and interest on the bonds issued for the
purposes of RCW 47.10.861 through 47.10.866 shall be payable from the highway bond retirement fund. The state
[2003 RCW Supp—page 675]
47.10.866
Title 47 RCW: Public Highways and Transportation
finance committee may provide that a special account be created in the fund to facilitate payment of the principal and
interest. The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
required for principal and interest on the bonds in accordance
with the bond proceedings. The state treasurer shall withdraw revenues from the transportation 2003 account (nickel
account) in the motor vehicle fund and deposit in the highway
bond retirement fund, or a special account in the fund, such
amounts, and at such times, as are required by the bond proceedings.
Any funds required for bond retirement or interest on the
bonds authorized by RCW 47.10.861 through 47.10.866 shall
be taken from that portion of the motor vehicle fund that
results from the imposition of excise taxes on motor vehicle
and special fuels and that is distributed to the transportation
2003 account (nickel account) in the motor vehicle fund.
Funds required shall never constitute a charge against any
other allocations of motor vehicle fuel and special fuel tax
revenues to the state, counties, cities, and towns unless the
amount arising from excise taxes on motor vehicle and special fuels distributed to the transportation 2003 account
(nickel account) proves insufficient to meet the requirements
for bond retirement or interest on any such bonds.
Any payments for bond retirement or interest on the
bonds taken from other revenues from the motor vehicle fuel
or special fuel taxes that are distributable to the state, counties, cities, and towns shall be repaid from the first revenues
from the motor vehicle fuel or special fuel taxes distributed to
the transportation 2003 account (nickel account) not required
for bond retirement or interest on the bonds. [2003 c 147 §
5.]
Effective date—2003 c 147: See note following RCW 47.10.861.
47.10.866
47.10.866 Equal charge against motor vehicle and
special fuels tax revenues. Bonds issued under the authority
of RCW 47.10.861 through 47.10.865 and this section and
any other general obligation bonds of the state of Washington
that have been or that may be authorized and that pledge
motor vehicle and special fuels excise taxes for the payment
of principal and interest thereon shall be an equal charge
against the revenues from such motor vehicle and special
fuels excise taxes. [2003 c 147 § 6.]
Effective date—2003 c 147: See note following RCW 47.10.861.
MULTIMODAL TRANSPORTATION PROJECTS—
2003 ACT
47.10.867
47.10.867 Bond issue authorized—Appropriation of
proceeds. For the purpose of providing funds for the planning, design, construction, reconstruction, and other necessary costs for transportation projects, the state finance committee is authorized to issue general obligation bonds of the
state of Washington in the sum of three hundred forty-nine
million five hundred thousand dollars, or as much thereof as
may be required, to finance these projects and all costs incidental thereto. Bonds authorized in this section may be sold
at such price as the state finance committee shall determine.
No bonds authorized in this section may be offered for sale
[2003 RCW Supp—page 676]
without prior legislative appropriation of the net proceeds of
the sale of the bonds. [2003 c 147 § 7.]
Effective date—2003 c 147: See note following RCW 47.10.861.
47.10.868
47.10.868 Proceeds—Deposit and use. The proceeds
of the sale of the bonds authorized in RCW 47.10.867 must
be deposited in the multimodal transportation account and
must be used exclusively for the purposes specified in RCW
47.10.867 and for the payment of expenses incurred in the
issuance and sale of the bonds. [2003 c 147 § 8.]
Effective date—2003 c 147: See note following RCW 47.10.861.
47.10.869
47.10.869 Repayment procedure. (1) The nondebtlimit reimbursable bond retirement account must be used for
the payment of the principal and interest on the bonds authorized in RCW 47.10.867.
(2)(a) The state finance committee must, on or before
June 30th of each year, certify to the state treasurer the
amount needed in the ensuing twelve months to meet the
bond retirement and interest requirements on the bonds
authorized in RCW 47.10.867.
(b) On or before the date on which any interest or principal and interest is due, the state treasurer shall transfer from
the multimodal transportation account for deposit into the
nondebt-limit reimbursable bond retirement account the
amount computed in (a) of this subsection for bonds issued
for the purposes of RCW 47.10.867.
(3) If the multimodal transportation account has insufficient revenues to pay the principal and interest computed in
subsection (2)(a) of this section, then the debt-limit reimbursable bond retirement account must be used for the payment of
the principal and interest on the bonds authorized in RCW
47.10.867 from any additional means provided by the legislature.
(4) If at any time the multimodal transportation account
has insufficient revenues to repay the bonds, the legislature
may provide additional means for the payment of the bonds.
[2003 c 147 § 9.]
Effective date—2003 c 147: See note following RCW 47.10.861.
47.10.870
47.10.870 Statement of general obligation—Transfer
and payment of funds. (1) Bonds issued under RCW
47.10.867 must state that they are a general obligation of the
state of Washington, must pledge the full faith and credit of
the state to the payment of the principal and interest, and must
contain an unconditional promise to pay the principal and
interest as it becomes due.
(2) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section. [2003 c
147 § 10.]
Effective date—2003 c 147: See note following RCW 47.10.861.
47.10.871
47.10.871 Additional repayment means. The legislature may provide additional means for raising moneys for the
payment of the principal and interest on the bonds authorized
in RCW 47.10.867, and RCW 47.10.869 and 47.10.870 are
not deemed to provide an exclusive method for their payment. [2003 c 147 § 11.]
Acquisition and Disposition of State Highway Property
Effective date—2003 c 147: See note following RCW 47.10.861.
47.28.251
the maintenance and operation of the mitigation site. [2003 c
187 § 1; 2002 c 188 § 1.]
47.10.872
47.10.872 Legal investment. The bonds authorized in
RCW 47.10.867 are a legal investment for all state funds or
funds under state control and for all funds of any other public
body. [2003 c 147 § 12.]
Effective date—2003 c 147: See note following RCW 47.10.861.
Chapter 47.12 RCW
ACQUISITION AND DISPOSITION OF STATE
HIGHWAY PROPERTY
Chapter 47.12
Chapter 47.28 RCW
CONSTRUCTION AND MAINTENANCE
OF HIGHWAYS
Chapter 47.28
Sections
47.28.241
47.28.251
Alternative delivery of construction services—Definitions.
Alternative delivery of construction services—Financial
incentives—Private contracting—Reports.
47.28.241
Sections
47.12.120
47.12.370
Lease of unused highway land or air space.
Environmental mitigation—Exchange agreements.
47.12.120
47.12.120 Lease of unused highway land or air space.
The department may rent or lease any lands, improvements,
or air space above or below any lands that are held for highway purposes but are not presently needed. The rental or
lease:
(1) Must be upon such terms and conditions as the
department may determine;
(2) Is subject to the provisions and requirements of zoning ordinances of political subdivisions of government;
(3) Includes lands used or to be used for both limited
access and conventional highways that otherwise meet the
requirements of this section; and
(4) In the case of bus shelters provided by a local transit
authority that include commercial advertising, may charge
the transit authority only for commercial space. [2003 c 198
§ 2; 1977 ex.s. c 151 § 50; 1969 c 91 § 1; 1961 c 13 §
47.12.120. Prior: 1949 c 162 § 1; Rem. Supp. 1949 § 6400122.]
47.12.370
47.12.370 Environmental mitigation—Exchange
agreements. (1) The department may enter into exchange
agreements with local, state, or federal agencies, tribal governments, or private nonprofit nature conservancy corporations as defined in RCW 64.04.130, to convey properties
under the jurisdiction of the department that serve as environmental mitigation sites, as full or part consideration for the
grantee assuming all future maintenance and operation obligations and costs required to maintain and operate the environmental mitigation site in perpetuity.
(2) Tribal governments shall only be eligible to participate in an exchange agreement if they:
(a) Provide the department with a valid waiver of their
tribal sovereign immunity from suit. The waiver must allow
the department to enforce the terms of the exchange agreement or quitclaim deed in state court; and
(b) Agree that the property shall not be placed into trust
status.
(3) The conveyances must be by quitclaim deed, or other
form of conveyance, executed by the secretary of transportation, and must expressly restrict the use of the property to a
mitigation site consistent with preservation of the functions
and values of the site, and must provide for the automatic
reversion to the department if the property is not used as a
mitigation site or is not maintained in a manner that complies
with applicable permits, laws, and regulations pertaining to
47.28.241 Alternative delivery of construction services—Definitions. The definitions in this section apply
throughout RCW 47.28.251 and 41.06.380 unless the context
clearly requires otherwise.
(1) "Construction services" means those services that aid
in the delivery of the highway construction program and
include, but are not limited to, real estate services and construction engineering services.
(2) "Construction engineering services" include, but are
not limited to, construction management, construction
administration, materials testing, materials documentation,
contractor payments and general administration, construction
oversight, and inspection and surveying. [2003 c 363 § 102.]
Part headings not law—2003 c 363: "Part headings used in this act are
not part of the law." [2003 c 363 § 308.]
Severability—2003 c 363: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2003 c 363 § 309.]
47.28.251
47.28.251 Alternative delivery of construction services—Financial incentives—Private contracting—
Reports. (1) The department of transportation shall work
with representatives of transportation labor groups to develop
a financial incentive program to aid in retention and recruitment of employee classifications where problems exist and
program delivery is negatively affected. The department's
financial incentive program must be reviewed and approved
by the legislature before it can be implemented. This program must support the goal of enhancing project delivery
timelines as outlined in section 101, chapter 363, Laws of
2003. Upon receiving approval from the legislature, the
department of personnel shall implement, as required, specific aspects of the financial incentive package, as developed
by the department of transportation.
(2) Notwithstanding chapter 41.06 RCW, the department
of transportation may acquire services from qualified private
firms in order to deliver the transportation construction program to the public. Services may be acquired solely for augmenting the department's work force capacity and only when
the department's transportation construction program cannot
be delivered through its existing or readily available work
force. The department of transportation shall work with representatives of transportation labor groups to develop and
implement a program identifying those projects requiring
contracted services while establishing a program as defined
in subsection (1) of this section to provide the classified personnel necessary to deliver future construction programs.
The procedures for acquiring construction engineering services from private firms may not be used to displace existing
[2003 RCW Supp—page 677]
Chapter 47.36
Title 47 RCW: Public Highways and Transportation
state employees nor diminish the number of existing classified positions in the present construction program. The
acquisition procedures must be in accordance with chapter
39.80 RCW.
(3) Starting in December 2004, and biennially thereafter,
the secretary shall report to the transportation committees of
the legislature on the use of construction engineering services
from private firms authorized under this section. The information provided to the committees must include an assessment of the benefits and costs associated with using construction engineering services, or other services, from private
firms, and a comparison of public versus private sector costs.
The secretary may act on these findings to ensure the most
cost-effective means of service delivery. [2003 c 363 § 103.]
Finding—Intent—2003 c 363 § 103 and 104: "The legislature finds
that there is a pressing need for additional transportation projects to meet the
mobility needs of Washington's citizens. With major new investments
approved to meet these pressing needs, additional work force assistance is
necessary to ensure and enhance project delivery timelines. Recruiting and
retaining a high quality work force, and implementing new and innovative
procedures for delivering these transportation projects, is required to accomplish them on a timely basis that best serves the public. It is the intent of sections 103 and 104 of this act that no state employees will lose their employment as a result of implementing new and innovative project delivery procedures." [2003 c 363 § 101.]
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
Chapter 47.36
Chapter 47.36 RCW
TRAFFIC CONTROL DEVICES
Sections
47.36.030
47.36.141
47.36.180
47.36.200
47.36.200
47.36.210
47.36.220
47.36.230
47.36.250
47.36.250
Traffic control devices—Specifications to be furnished to
counties and cities.
Bus shelters—Advertising.
Forbidden devices—Penalty. (Effective July 1, 2004.)
Signs or flagmen at thoroughfare work sites. (Effective January 1, 2004, until July 1, 2004.)
Signs or flagmen at thoroughfare work sites—Penalty. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Dangerous road conditions requiring special tires, chains, or
traction equipment—Signs or devices—Penalty. (Effective
until July 1, 2004.)
Dangerous road conditions requiring special tires, chains, or
traction equipment—Signs or devices—Penalty. (Effective
July 1, 2004.)
47.36.030
47.36.030 Traffic control devices—Specifications to
be furnished to counties and cities. The secretary of transportation shall have the power and it shall be its duty to adopt
and designate a uniform state standard for the manufacture,
display, erection, and location of all signs, signals, signboards, guideposts, and other traffic devices erected or to be
erected upon the state highways of the state of Washington
for the purpose of furnishing information to persons traveling
upon such state highways regarding traffic regulations, directions, distances, points of danger, and conditions requiring
caution, and for the purpose of imposing restrictions upon
persons operating vehicles thereon. Such signs shall conform
as nearly as practicable to the manual of specifications for the
manufacture, display, and erection of uniform traffic control
devices for streets and highways and all amendments, corrections, and additions thereto. The department of transportation shall prepare plans and specifications of the uniform
[2003 RCW Supp—page 678]
state standard of traffic devices so adopted and designated,
showing the materials, colors, and designs thereof, and shall
upon the issuance of any such plans and specifications or
revisions thereof and upon request, furnish to the boards of
county commissioners and the governing body of any incorporated city or town, a copy thereof. Signs, signals, signboards, guideposts, and other traffic devices erected on
county roads shall conform in all respects to the specifications of color, design, and location approved by the secretary.
Traffic devices hereafter erected within incorporated cities
and towns shall conform to such uniform state standard of
traffic devices so far as is practicable. The uniform system
must allow local transit authority bus shelters located within
the right of way of the state highway system to display and
maintain commercial advertisements subject to applicable
federal regulations, if any. [2003 c 198 § 3; 1977 ex.s. c 151
§ 61; 1961 c 13 § 47.36.030. Prior: 1945 c 178 § 1, part;
1937 c 53 § 48, part; Rem. Supp. 1945 § 6400-48, part; prior:
1931 c 118 § 1, part; RRS § 6308-1, part; 1923 c 102 § 1,
part; 1917 c 78 § 1, part; RRS § 6303, part.]
47.36.141
47.36.141 Bus shelters—Advertising. (1) Local transit
authority bus shelters within the right of way of the state
highway system may display and maintain commercial
advertisements subject to applicable federal regulations, if
any. Pursuant to RCW 47.12.120, the department may lease
state right of way air space to local transit authorities for this
purpose, unless there are significant safety concerns regarding the placement of certain advertisements.
(2) Advertisements posted on a local transit authority's
bus shelter may not exceed twenty-four square feet on each
side of the panel. Panels may not be placed on the roof of the
shelter or on the forward side of the shelter facing oncoming
traffic. [2003 c 198 § 1.]
47.36.180
47.36.180 Forbidden devices—Penalty. (Effective
July 1, 2004.) (1) It is unlawful to erect or maintain at or near
a city street, county road, or state highway any structure, sign,
or device:
(a) Visible from a city street, county road, or state highway and simulating any directional, warning, or danger sign
or light likely to be mistaken for such a sign or bearing any
such words as "danger," "stop," "slow," "turn," or similar
words, figures, or directions likely to be construed as giving
warning to traffic;
(b) Visible from a city street, county road, or state highway and displaying any red, green, blue, or yellow light or
intermittent or blinking light or rotating light identical or similar in size, shape, and color to that used on any emergency
vehicle or road equipment or any light otherwise likely to be
mistaken for a warning, danger, directional, or traffic control
signal or sign;
(c) Visible from a city street, county road, or state highway and displaying any lights tending to blind persons operating vehicles upon the highway, city street, or county road,
or any glaring light, or any light likely to be mistaken for a
vehicle upon the highway or otherwise to be so mistaken as to
constitute a danger; or
(d) Visible from a city street, county road, or state highway and flooding or intending to flood or directed across the
roadway of the highway with a directed beam or diffused
Traffic Control Devices
light, whether or not the flood light is shielded against directing its flood beam toward approaching traffic on the highway, city street, or county road.
(2) Any structure or device erected or maintained contrary to the provisions of this section is a public nuisance, and
the department, the chief of the Washington state patrol, the
county sheriff, or the chief of police of any city or town shall
notify the owner thereof that it constitutes a public nuisance
and must be removed, and if the owner fails to do so, the
department, the chief of the Washington state patrol, the
county sheriff, or the chief of police of any city or town may
abate the nuisance.
(3) If the owner fails to remove any structure or device
within fifteen days after being notified to remove the structure or device as provided in this section, he or she is guilty of
a misdemeanor. [2003 c 53 § 257; 1984 c 7 § 201; 1961 c 13
§ 47.36.180. Prior: 1957 c 204 § 1; 1937 c 53 § 62; RRS §
6400-62.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.200
47.36.200 Signs or flagmen at thoroughfare work
sites. (Effective January 1, 2004, until July 1, 2004.) (1)
When construction, repair, or maintenance work is conducted
on or adjacent to a public highway, county road, street,
bridge, or other thoroughfare commonly traveled and when
the work interferes with the normal and established mode of
travel on the highway, county road, street, bridge, or thoroughfare, the location shall be properly posted by prominently displayed signs or flagmen or both. Signs used for
posting in such an area shall be consistent with the provisions
found in the state of Washington "Manual on Uniform Traffic
Control Devices for Streets and Highways" obtainable from
the department of transportation.
(2) If the construction, repair, or maintenance work
includes or uses grooved pavement, abrupt lane edges, steel
plates, or gravel or earth surfaces, the construction, repair, or
maintenance zone must be posted with signs stating the condition, as required by current law, and in addition, must warn
motorcyclists of the potential hazard. For the purposes of this
subsection, the department shall adopt by rule a uniform sign
or signs for this purpose, including at least the following language, "MOTORCYCLES USE EXTREME CAUTION."
[2003 c 355 § 1; 1984 c 7 § 202; 1961 c 13 § 47.36.200.
Prior: 1957 c 95 § 1.]
47.36.250
for Streets and Highways" obtainable from the department of
transportation.
(2) If the construction, repair, or maintenance work
includes or uses grooved pavement, abrupt lane edges, steel
plates, or gravel or earth surfaces, the construction, repair, or
maintenance zone must be posted with signs stating the condition, as required by current law, and in addition, must warn
motorcyclists of the potential hazard. For the purposes of this
subsection, the department shall adopt by rule a uniform sign
or signs for this purpose, including at least the following language, "MOTORCYCLES USE EXTREME CAUTION."
(3) Any contractor, firm, corporation, political subdivision, or other agency performing such work shall comply
with this section.
(4) Each driver of a motor vehicle used in connection
with such construction, repair, or maintenance work shall
obey traffic signs posted for, and flaggers stationed at such
location in the same manner and under the same restrictions
as is required for the driver of any other vehicle.
(5) A violation of or a failure to comply with this section
is a misdemeanor. Each day upon which there is a violation,
or there is a failure to comply, constitutes a separate violation. [2003 c 355 § 1; 2003 c 53 § 258; 1984 c 7 § 202; 1961
c 13 § 47.36.200. Prior: 1957 c 95 § 1.]
Reviser's note: This section was amended by 2003 c 53 § 258 and by
2003 c 355 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 355: "This act takes effect January 1, 2004."
[2003 c 355 § 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.210
47.36.210 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
47.36.220
47.36.220 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
47.36.230
47.36.230 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
47.36.250
Effective date—2003 c 355: "This act takes effect January 1, 2004."
[2003 c 355 § 3.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.200
47.36.200 Signs or flagmen at thoroughfare work
sites—Penalty. (Effective July 1, 2004.) (1) When construction, repair, or maintenance work is conducted on or
adjacent to a public highway, county road, street, bridge, or
other thoroughfare commonly traveled and when the work
interferes with the normal and established mode of travel on
the highway, county road, street, bridge, or thoroughfare, the
location shall be properly posted by prominently displayed
signs or flagmen or both. Signs used for posting in such an
area shall be consistent with the provisions found in the state
of Washington "Manual on Uniform Traffic Control Devices
47.36.250 Dangerous road conditions requiring special tires, chains, or traction equipment—Signs or
devices—Penalty. (Effective until July 1, 2004.) If the
department or its delegate determines at any time for any part
of the public highway system that the unsafe conditions of the
roadway require particular tires, tire chains, or traction equipment in addition to or beyond the ordinary pneumatic rubber
tires, the department may establish the following recommendations or requirements with respect to the use of such equipment for all persons using such public highway:
(1) Traction advisory - oversize vehicles prohibited.
(2) Traction advisory - oversize vehicles prohibited.
Vehicles over 10,000 GVW - chains required.
(3) Traction advisory - oversize vehicles prohibited. All
vehicles - chains required, except all wheel drive.
[2003 RCW Supp—page 679]
47.36.250
Title 47 RCW: Public Highways and Transportation
Any equipment that may be required by this section shall
be approved by the state patrol as authorized under RCW
46.37.420.
The department shall place and maintain signs and other
traffic control devices on the public highways that indicate
the tire, tire chain, or traction equipment recommendation or
requirement determined under this section. Such signs or
traffic control devices shall in no event prohibit the use of
studded tires from November 1st to April 1st, but when the
department determines that chains are required and that no
other traction equipment will suffice, the requirement is
applicable to all types of tires including studded tires. The
Washington state patrol or the department may specify different recommendations or requirements for four wheel drive
vehicles in gear.
Failure to obey a requirement indicated under this section is a traffic infraction under chapter 46.63 RCW subject
to a penalty of five hundred dollars including all statutory
assessments. [2003 c 356 § 1; 1987 c 330 § 747; 1984 c 7 §
203; 1975 1st ex.s. c 255 § 1; 1969 ex.s. c 7 § 2.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1984 c 7: See note following RCW 47.01.141.
Restrictions as to tire equipment, metal studs: RCW 46.37.420.
47.36.250
47.36.250 Dangerous road conditions requiring special tires, chains, or traction equipment—Signs or
devices—Penalty. (Effective July 1, 2004.) (1) If the
department or its delegate determines at any time for any part
of the public highway system that the unsafe conditions of the
roadway require particular tires, tire chains, or traction equipment in addition to or beyond the ordinary pneumatic rubber
tires, the department may establish the following recommendations or requirements with respect to the use of such equipment for all persons using such public highway:
(a) Traction advisory - oversize vehicles prohibited.
(b) Traction advisory - oversize vehicles prohibited.
Vehicles over 10,000 GVW - chains required.
(c) Traction advisory - oversize vehicles prohibited. All
vehicles - chains required, except all wheel drive.
(2) Any equipment that may be required by this section
shall be approved by the state patrol as authorized under
RCW 46.37.420.
(3) The department shall place and maintain signs and
other traffic control devices on the public highways that indicate the tire, tire chain, or traction equipment recommendation or requirement determined under this section. Such
signs or traffic control devices shall in no event prohibit the
use of studded tires from November 1st to April 1st, but when
the department determines that chains are required and that
no other traction equipment will suffice, the requirement is
applicable to all types of tires including studded tires. The
Washington state patrol or the department may specify different recommendations or requirements for four wheel drive
vehicles in gear.
(4) Failure to obey a requirement indicated under this
section is a traffic infraction under chapter 46.63 RCW subject to a penalty of five hundred dollars including all statutory
assessments. [2003 c 356 § 1; 2003 c 53 § 259; 1987 c 330 §
747; 1984 c 7 § 203; 1975 1st ex.s. c 255 § 1; 1969 ex.s. c 7
§ 2.]
[2003 RCW Supp—page 680]
Reviser's note: This section was amended by 2003 c 53 § 259 and by
2003 c 356 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1984 c 7: See note following RCW 47.01.141.
Restrictions as to tire equipment, metal studs: RCW 46.37.420.
Chapter 47.38 RCW
ROADSIDE AREAS—SAFETY REST AREAS
Chapter 47.38
Sections
47.38.010
47.38.030
Rules governing use and control of rest areas, historic sites,
viewpoints, etc.—Penalties. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
47.38.010
47.38.010 Rules governing use and control of rest
areas, historic sites, viewpoints, etc.—Penalties. (Effective July 1, 2004.) (1) Pursuant to chapter 34.05 RCW, the
department and the Washington state patrol shall jointly
adopt rules governing the conduct and the safety of the traveling public relating to the use and control of rest areas and
other areas as designated in RCW 47.12.250. Nothing herein
may be construed as limiting the powers of the department as
provided by law.
(2) Except as otherwise provided in this section, any person violating this section or any rule or regulation adopted
pursuant to this section is guilty of a misdemeanor.
(3)(a) Except as provided in (b) of this subsection, violation of such a rule or regulation relating to traffic including
parking, standing, stopping, and pedestrian offenses is a traffic infraction.
(b) Violation of such a rule or regulation equivalent to
those provisions of Title 46 RCW set forth in RCW
46.63.020 remains a misdemeanor. [2003 c 53 § 260; 1993 c
116 § 1; 1984 c 7 § 204; 1967 ex.s. c 145 § 29.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1984 c 7: See note following RCW 47.01.141.
Roadside areas—Safety rest areas, provisions of scenic and recreational
highway act concerning: Chapter 47.39 RCW.
47.38.030
47.38.030 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 47.39 RCW
SCENIC AND RECREATIONAL HIGHWAY ACT
OF 1967
Chapter 47.39
Sections
47.39.020
47.39.020
Designation of portions of existing highways as part of system.
47.39.020 Designation of portions of existing highways as part of system. The following portions of highways
are designated as part of the scenic and recreational highway
system:
(1) State route number 2, beginning at the crossing of
Woods creek at the east city limits of Monroe, thence in an
Scenic and Recreational Highway Act of 1967
easterly direction by way of Stevens pass to a junction with
state route number 97 in the vicinity of Peshastin; also
Beginning at the junction with state route number 17, in
the vicinity of Coulee City, thence easterly to the junction
with state route number 155;
(2) State route number 3, beginning at a junction with
state route number 101 in the vicinity of Shelton, thence
northeasterly and northerly to a junction with state route
number 104 in the vicinity of Port Gamble;
(3) State route number 4, beginning at the junction with
state route number 101, thence easterly through Cathlamet to
Coal Creek road, approximately .5 miles west of the Longview city limits;
(4) State route number 6, beginning at the junction with
state route number 101 in Raymond, thence easterly to the
junction with state route number 5, in the vicinity of Chehalis;
(5) State route number 7, beginning at the junction with
state route number 12 in Morton, thence northerly to the junction with state route number 507;
(6) State route number 8, beginning at a junction with
state route number 12 in the vicinity of Elma, thence easterly
to a junction with state route number 101 near Tumwater;
(7) State route number 9, beginning at the junction with
state route number 530 in Arlington, thence northerly to the
end of the route at the Canadian border;
(8) State route number 10, beginning at Teanaway junction, thence easterly to a junction with state route number 97
west of Ellensburg;
(9) State route number 11, beginning at the junction with
state route number 5 in the vicinity of Burlington, thence in a
northerly direction to the junction with state route number 5;
(10) State route number 12, beginning at a junction with
a county road approximately 2.8 miles west of the crossing of
the Wynoochee river which is approximately 1.2 miles west
of Montesano, thence in an easterly direction to a junction
with state route number 8 in the vicinity of Elma; also
Beginning at a junction with state route number 5, thence
easterly by way of Morton, Randle, and Packwood to the
junction with state route number 410, approximately 3.5
miles west of Naches; also
Beginning at the junction with state route number 124 in
the vicinity of the Tri-Cities, thence easterly through Wallula
and Touchet to a junction with a county road approximately
2.4 miles west of a junction with state route number 129 at
Clarkston;
(11) State route number 14, beginning at the crossing of
Gibbons creek approximately 0.9 miles east of Washougal,
thence easterly along the north bank of the Columbia river to
a point in the vicinity of Plymouth;
(12) State route number 17, beginning at a junction with
state route number 395 in the vicinity of Mesa, thence northerly to the junction with state route number 97 in the vicinity
of Brewster;
(13) State route number 19, the Chimacum-Beaver Valley road, beginning at the junction with state route number
104, thence northerly to the junction with state route number
20;
(14) State route number 20, beginning at the junction
with state route number 101 to the ferry zone in Port
Townsend; also
47.39.020
Beginning at the Keystone ferry slip on Whidbey Island,
thence northerly and easterly to a junction with state route
number 153 southeast of Twisp; also
Beginning at the junction of state route number 97 in the
vicinity of Okanogan, thence westerly across the Okanogan
river to the junction with state route number 215; also
Beginning at a junction with state route number 97 near
Tonasket, thence easterly and southerly to a junction with
state route number 2 at Newport;
(15) State route number 25, beginning at the Spokane
river bridge, thence northerly through Cedonia, Gifford, Kettle Falls, and Northport, to the Canadian border;
(16) State route number 26, beginning at the Whitman
county boundary line, thence easterly by way of the vicinities
of La Crosse and Dusty to a junction with state route number
195 in the vicinity of Colfax;
(17) State route number 27, beginning at a junction with
state route number 195 in the vicinity of Pullman, thence
northerly by way of the vicinities of Palouse and Garfield to
a junction with state route number 271 in the vicinity of
Oakesdale; also
From a junction with state route number 271 at Oakesdale, thence northerly to the vicinity of Tekoa;
(18) State route number 31, beginning at the junction
with state route number 20 in Tiger, thence northerly to the
Canadian border;
(19) State route number 82, beginning at the junction
with state route number 395 south of the Tri-Cities area,
thence southerly to the end of the route at the Oregon border;
(20) State route number 90, beginning at the junction
with East Sunset Way in the vicinity east of Issaquah, thence
easterly to Thorp road 9.0 miles west of Ellensburg;
(21) State route number 97, beginning at the Oregon border, in a northerly direction through Toppenish and Wapato
to the junction with state route number 82 at Union Gap; also
Beginning at the junction with state route number 10, 2.5
miles north of Ellensburg, in a northerly direction to the junction with state route number 2, 4.0 miles east of Leavenworth; also
Beginning at the junction of state route number 153 in
the vicinity south of Pateros, thence northerly by way of the
vicinities of Brewster, Okanogan, Omak, Riverside, Tonasket, and Oroville to the international boundary line;
(22) State route number 97 alternate, beginning at the
junction with state route number 2 in the vicinity of Monitor,
thence northerly to the junction with state route number 97,
approximately 5.0 miles north of Chelan;
(23) State route number 101, beginning at the AstoriaMegler bridge, thence north to Fowler street in Raymond;
also
Beginning at a junction with state route number 109 in
the vicinity of Queets, thence in a northerly, northeasterly,
and easterly direction by way of Forks to the junction with
state route number 5 in the vicinity of Olympia;
(24) State route number 104, beginning at a junction with
state route number 101 in the vicinity south of Discovery bay,
thence in a southeasterly direction to the Kingston ferry
crossing;
(25) State route number 105, beginning at a junction with
state route number 101 at Raymond, thence westerly and
[2003 RCW Supp—page 681]
47.39.020
Title 47 RCW: Public Highways and Transportation
northerly by way of Tokeland and North Cove to the shore of
Grays Harbor north of Westport; also
Beginning at a junction with state route number 105 in
the vicinity south of Westport, thence northeasterly to a junction with state route number 101 at Aberdeen;
(26) State route number 109, beginning at a junction with
state route number 101 in Hoquiam to a junction with state
route number 101 in the vicinity of Queets;
(27) State route number 112, beginning at the easterly
boundary of the Makah Indian reservation, thence in an easterly direction to the vicinity of Laird's corner on state route
number 101;
(28) State route number 116, beginning at the junction
with the Chimacum-Beaver Valley road, thence in an easterly
direction to Fort Flagler State Park;
(29) State route number 119, beginning at the junction
with state route number 101 at Hoodsport, thence northwesterly to the Mount Rose development intersection;
(30) State route number 122, Harmony road, between the
junction with state route number 12 near Mayfield dam and
the junction with state route number 12 in Mossyrock;
(31) State route number 123, beginning at the junction
with state route number 12 in the vicinity of Morton, thence
northerly to the junction with state route number 410;
(32) State route number 129, beginning at the Oregon
border, thence northerly to the junction with state route number 12 in Clarkston;
(33) State route number 141, beginning at the junction
with state route number 14 in Bingen, thence northerly to the
end of the route at the Skamania county line;
(34) State route number 142, beginning at the junction
with state route number 14 in Lyle, thence northeasterly to
the junction with state route number 97, .5 miles from Goldendale;
(35) State route number 153, beginning at a junction with
state route number 97 in the vicinity of Pateros, thence in a
northerly direction to a junction with state route number 20 in
the vicinity south of Twisp;
(36) State route number 155, beginning at a junction with
state route number 2 in the vicinity north of Coulee City,
thence northerly and westerly to the junction with state route
number 215;
(37) State route number 194, beginning at the Port of
Almota to the junction with state route number 195 in the
vicinity of Pullman;
(38) State route number 195, beginning at the Washington-Idaho boundary line southeast of Uniontown, thence
northwesterly and northerly by way of the vicinity of Colton,
Pullman, Colfax, Steptoe, and Rosalia to the Whitman county
boundary line;
(39) State route number 202, beginning at the junction
with state route number 522, thence in an easterly direction to
the junction with state route number 90 in the vicinity of
North Bend;
(40) State route number 211, beginning at the junction
with state route number 2, thence northerly to the junction
with state route number 20 in the vicinity of Usk;
(41) State route number 215, beginning at the junction of
state route number 20 in the vicinity of Okanogan, thence
northeasterly on the west side of the Okanogan river to a
junction with state route number 97 north of Omak;
[2003 RCW Supp—page 682]
(42) State route number 231, beginning at the junction
with state route number 23, in the vicinity of Sprague, thence
in a northerly direction to the junction with state route number 2, approximately 2.5 miles west of Reardan;
(43) State route number 261, beginning at the junction
with state route number 12 in the vicinity of Delaney, thence
northwesterly to the junction with state route number 260;
(44) State route number 262, beginning at the junction
with state route number 26, thence northeasterly to the junction with state route number 17 between Moses Lake and
Othello;
(45) State route number 271, beginning at a junction with
state route number 27 in the vicinity of Oakesdale, thence
northwesterly to a junction with state route number 195 in the
vicinity south of Rosalia;
(46) State route number 272, beginning at the junction
with state route number 195 in Colfax, thence easterly to the
Idaho state line, approximately 1.5 miles east of Palouse;
(47) State route number 305, beginning at the Winslow
ferry dock to the junction with state route number 3 approximately 1.0 mile north of Poulsbo;
(48) State route number 395, beginning at the north end
of the crossing of Mill creek in the vicinity of Colville, thence
in a northwesterly direction to a junction with state route
number 20 at the west end of the crossing over the Columbia
river at Kettle Falls;
(49) State route number 401, beginning at a junction with
state route number 101 at Point Ellice, thence easterly and
northerly to a junction with state route number 4 in the vicinity north of Naselle;
(50) State route number 410, beginning 4.0 miles east of
Enumclaw, thence in an easterly direction to the junction
with state route number 12, approximately 3.5 miles west of
Naches;
(51) State route number 501, beginning at the junction
with state route number 5 in the vicinity of Vancouver,
thence northwesterly on the New Lower River road around
Vancouver Lake;
(52) State route number 503, beginning at the junction
with state route number 500, thence northerly by way of Battle Ground and Yale to the junction with state route number 5
in the vicinity of Woodland;
(53) State route number 504, beginning at a junction with
state route number 5 at Castle Rock, to the end of the route on
Johnston Ridge, approximately milepost 52;
(54) State route number 505, beginning at the junction
with state route number 504, thence northwesterly by way of
Toledo to the junction with state route number 5;
(55) State route number 508, beginning at the junction
with state route number 5, thence in an easterly direction to
the junction with state route number 7 in Morton;
(56) State route number 525, beginning at the ferry toll
booth on Whidbey Island to a junction with state route number 20 east of the Keystone ferry slip;
(57) State route number 542, beginning at the junction
with state route number 5, thence easterly to the vicinity of
Austin pass in Whatcom county;
(58) State route number 547, beginning at the junction
with state route number 542 in Kendall, thence northwesterly
to the junction with state route number 9 in the vicinity of the
Canadian border;
Junkyards Adjacent to Interstate and Primary Highways
Chapter 47.44
(59) State route number 706, beginning at the junction
with state route number 7 in Elbe, in an easterly direction to
the end of the route at Mt. Rainier National Park;
(60) State route number 821, beginning at a junction with
state route number 82 at the Yakima firing center interchange, thence in a northerly direction to a junction with state
route number 82 at the Thrall road interchange;
(61) State route number 971, Navarre Coulee road,
between the junction with state route number 97 and the junction with South Lakeshore road. [2003 c 55 § 1; 1993 c 430
§ 7; 1992 c 26 § 2; 1991 c 342 § 54; 1990 c 240 § 3; 1975 c
63 § 8; 1973 1st ex.s. c 151 § 10; 1971 ex.s. c 73 § 29; 1970
ex.s. c 51 § 177; 1969 ex.s. c 281 § 6; 1967 ex.s. c 85 § 2.]
Chapter 47.41
Chapter 47.41 RCW
JUNKYARDS ADJACENT TO INTERSTATE AND
PRIMARY HIGHWAYS
Sections
47.41.070
Violations—Penalty—Abatement as public nuisance. (Effective July 1, 2004.)
47.41.070
47.41.070 Violations—Penalty—Abatement as public nuisance. (Effective July 1, 2004.) (1) If the owner of the
land upon which any such junkyard is located, or the operator
thereof, as the case may be, fails to comply with the notice or
remove any such junk within the time provided in this chapter
after being so notified, he or she is guilty of a misdemeanor.
In addition to the penalties imposed by law upon conviction,
an order may be entered compelling compliance with this
chapter. Each day the junkyard is maintained in a manner so
as not to comply with this chapter constitutes a separate
offense.
(2) If the operator of the junkyard or the owner of the
property upon which it is located, as the case may be, is not
found or refuses receipt of the notice, the department, the
chief of the Washington state patrol, the county sheriff, or the
chief of police of any city or town shall post the property
upon which it is located with a notice that the junkyard constitutes a public nuisance and that the junk thereon must be
removed as provided in this chapter. If the notice is not complied with, the department, the chief of the Washington state
patrol, the county sheriff, or the chief of police of any city or
town shall abate the nuisance and remove the junk, and for
that purpose may enter upon private property without incurring liability for doing so. [2003 c 53 § 261; 1984 c 7 § 220;
1971 ex.s. c 101 § 7.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1984 c 7: See note following RCW 47.01.141.
Chapter 47.44 RCW
FRANCHISES ON STATE HIGHWAYS
Sections
47.44.081
Exception—Leases for deployment of personal wireless service facilities.
47.44.081
47.44.081 Exception—Leases for deployment of personal wireless service facilities. This chapter does not apply
to leases issued for the deployment of personal wireless service facilities as provided in RCW 47.04.045. [2003 c 244 §
3.]
Chapter 47.52
Effective dates—1991 c 342: See note following RCW 47.26.167.
Legislative finding—1990 c 240: "The legislature finds that scenic and
recreational highways are designated because of a need to develop management plans that will protect and preserve the scenic and recreational
resources from loss through inappropriate development. Protection of scenic
and recreational resources includes managing land use outside normal highway rights of way. The legislature recognizes that scenic and recreational
highways are typically located in areas that are natural in character, along
watercourses or through mountainous areas, or in areas with a view of such
scenery." [1990 c 240 § 1.]
47.52.120
Chapter 47.52 RCW
LIMITED ACCESS FACILITIES
Sections
47.52.120
47.52.220
Violations specified—Exceptions—Penalty. (Effective July 1,
2004.)
Personal wireless service facilities—Approach permit—
Report.
47.52.120
47.52.120 Violations specified—Exceptions—Penalty. (Effective July 1, 2004.) (1) After the opening of any
limited access highway facility, it shall be unlawful for any
person to: (a) Drive a vehicle over, upon, or across any curb,
central dividing section, or other separation or dividing line
on limited access facilities; (b) make a left turn or semicircular or U-turn except through an opening provided for that purpose in the dividing curb section, separation, or line; (c) drive
any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central
dividing curb, separation section, or line; (d) drive any vehicle into the limited access facility from a local service road
except through an opening provided for that purpose in the
dividing curb, dividing section, or dividing line which separates such service road from the limited access facility
proper; (e) stop or park any vehicle or equipment within the
right of way of such facility, including the shoulders thereof,
except at points specially provided therefor, and to make only
such use of such specially provided stopping or parking
points as is permitted by the designation thereof: PROVIDED, That this subsection (1)(e) shall not apply to authorized emergency vehicles, law enforcement vehicles, assistance vans, or to vehicles stopped for emergency causes or
equipment failures; (f) travel to or from such facility at any
point other than a point designated by the establishing authority as an approach to the facility or to use an approach to such
facility for any use in excess of that specified by the establishing authority.
(2) For the purposes of this section, an assistance van is
a vehicle rendering aid free of charge to vehicles with equipment or fuel problems. The state patrol shall establish by rule
additional standards and operating procedures, as needed, for
assistance vans.
(3) Any person who violates this section is guilty of a
misdemeanor and upon arrest and conviction therefor shall be
punished by a fine of not less than five dollars nor more than
one hundred dollars, or by imprisonment in the city or county
jail for not less than five days nor more than ninety days, or
by both fine and imprisonment.
[2003 RCW Supp—page 683]
47.52.220
Title 47 RCW: Public Highways and Transportation
(4) Nothing contained in this section prevents the highway authority from proceeding to enforce the prohibitions or
limitations of access to such facilities by injunction or as otherwise provided by law. [2003 c 53 § 262; 1987 c 330 § 748;
1985 c 149 § 1; 1961 c 13 § 47.52.120. Prior: 1959 c 167 §
1; 1947 c 202 § 11; Rem. Supp. 1947 § 6402-70.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
47.52.220
47.52.220 Personal wireless service facilities—
Approach permit—Report. (1) The department shall
authorize an off and on approach to partially controlled limited access highways for the placement and service of facilities providing personal wireless services.
(a) The approach shall be in a legal manner not to exceed
thirty feet in width.
(b) The approach may be specified at a point satisfactory
to the department at or between designated highway stations.
(c) The permit holder may use the approach for ingress
and egress from the highway for construction or maintenance
of the personal wireless service facility during nonpeak traffic hours so long as public safety is not adversely affected.
The permit holder may use the approach for ingress and
egress at any time for the construction of the facility if public
safety is not adversely affected and if construction will not
substantially interfere with traffic flow during peak traffic
periods.
(2) The department shall authorize the approach by an
annual permit, which may only be canceled upon one hundred eighty days' written notice to the permit holder.
(a) The department shall set the yearly cost of a permit in
rule.
(b) The permit shall be assignable to the contractors and
subcontractors of the permit holder. The permit shall also be
transferable to a new owner following the sale or merger of
the permit holder.
(3) For the purposes of this section:
(a) "Personal wireless services" means any federally
licensed personal wireless service.
(b) "Facilities" means unstaffed facilities that are used
for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to,
antenna arrays, transmission cables, equipment shelters, and
support structures.
(4) The department shall present a report to the house of
representatives technology, telecommunications, and energy
committee and the senate technology and communications
committee on the implementation of the permit process and
the cost of permits by January 15, 2004, and by the first day
of the legislative session following adoption of any rule
increasing the cost of permits. [2003 c 188 § 2.]
Chapter 47.60
Chapter 47.60 RCW
PUGET SOUND FERRY AND TOLL
BRIDGE SYSTEM
Sections
47.60.120
Other crossings—Infringement of existing franchises—Waivers (as amended by 2003 c 83).
[2003 RCW Supp—page 684]
47.60.120
47.60.135
47.60.140
47.60.150
47.60.326
47.60.330
47.60.656
Other crossings—Infringement of existing franchises—Waivers (as amended by 2003 c 373).
Charter of state ferries—Hazardous materials.
System as self-liquidating undertaking—Powers of department—Concessions.
Fixing of charges—Deposit of revenues.
Schedule of charges for state ferries—Review by department,
factors considered—Rule making by commission.
Public participation.
Passenger-only ferry service—Conveyances.
47.60.120
47.60.120 Other crossings—Infringement of existing franchises—
Waivers (as amended by 2003 c 83). (1) If the department acquires or constructs, maintains, and operates any ferry crossings upon or toll bridges over
Puget Sound or any of its tributary or connecting waters, there shall not be
constructed, operated, or maintained any other ferry crossing upon or bridge
over any such waters within ten miles of any such crossing or bridge operated or maintained by the department excepting such bridges or ferry crossings in existence, and being operated and maintained under a lawfully issued
franchise at the time of the location of the ferry crossing or construction of
the toll bridge by the department.
(2) The ten-mile distance in subsection (1) of this section means ten
statute miles measured by airline distance. The ten-mile restriction shall be
applied by comparing the two end points (termini) of a state ferry crossing to
those of a private ferry crossing.
(3) The Washington utilities and transportation commission may, upon
written petition of a commercial ferry operator certificated or applying for
certification under chapter 81.84 RCW, and upon notice and hearing, grant a
waiver from the ten-mile restriction. The waiver must not be detrimental to
the public interest. In making a decision to waive the ten-mile restriction, the
commission shall consider, but is not limited to, the impact of the waiver on
transportation congestion mitigation, air quality improvement, and the overall impact on the Washington state ferry system. The commission shall act
upon a request for a waiver within ninety days after the conclusion of the
hearing. A waiver is effective for a period of five years from the date of issuance. At the end of five years the waiver becomes permanent unless
appealed within thirty days by the commission on its own motion, the department, or an interested party.
(4) The department shall not maintain and operate any ferry crossing or
toll bridge over Puget Sound or any of its tributary or connecting waters that
would infringe upon any franchise lawfully issued by the state and in existence and being exercised at the time of the location of the ferry crossing or
toll bridge by the department, without first acquiring the rights granted to
such franchise holder under the franchise.
(5) This section does not apply to the operation of passenger-only ferry
service by public transportation benefit areas meeting the requirements of
RCW 36.57A.200 or to the operation of passenger-only ferry service by ferry
districts. [2003 c 83 § 204; 1993 c 427 § 1; 1984 c 7 § 307; 1961 c 13 §
47.60.120. Prior: 1949 c 179 § 6; Rem. Supp. 1949 § 6584-35.]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
47.60.120
47.60.120 Other crossings—Infringement of existing franchises—
Waivers (as amended by 2003 c 373). (1) If the department acquires or constructs, maintains, and operates any ferry crossings upon or toll bridges over
Puget Sound or any of its tributary or connecting waters, there shall not be
constructed, operated, or maintained any other ferry crossing upon or bridge
over any such waters within ten miles of any such crossing or bridge operated or maintained by the department excepting such bridges or ferry crossings in existence, and being operated and maintained under a lawfully issued
franchise at the time of the location of the ferry crossing or construction of
the toll bridge by the department.
(2) The ten-mile distance in subsection (1) of this section means ten
statute miles measured by airline distance. The ten-mile restriction shall be
applied by comparing the two end points (termini) of a state ferry crossing to
those of a private ferry crossing.
(3) The Washington utilities and transportation commission may, upon
written petition of a commercial ferry operator certificated or applying for
certification under chapter 81.84 RCW, and upon notice and hearing, grant a
waiver from the ten-mile restriction. The waiver must not be detrimental to
the public interest. In making a decision to waive the ten-mile restriction, the
commission shall consider, but is not limited to, the impact of the waiver on
transportation congestion mitigation, air quality improvement, and the overall impact on the Washington state ferry system. The commission shall act
upon a request for a waiver within ninety days after the conclusion of the
Puget Sound Ferry and Toll Bridge System
hearing. A waiver is effective for a period of five years from the date of issuance. At the end of five years the waiver becomes permanent unless
appealed within thirty days by the commission on its own motion, the department, or an interested party.
(4) The department shall not maintain and operate any ferry crossing or
toll bridge over Puget Sound or any of its tributary or connecting waters that
would infringe upon any franchise lawfully issued by the state and in existence and being exercised at the time of the location of the ferry crossing or
toll bridge by the department, without first acquiring the rights granted to
such franchise holder under the franchise.
(5) This section does not apply to operators of passenger-only ferry service. [2003 c 373 § 2; 1993 c 427 § 1; 1984 c 7 § 307; 1961 c 13 § 47.60.120.
Prior: 1949 c 179 § 6; Rem. Supp. 1949 § 6584-35.]
Reviser's note: RCW 47.60.120 was amended twice during the 2003
legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Findings—Intent—2003 c 373: See note following RCW 47.64.090.
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.135
47.60.135 Charter of state ferries—Hazardous materials. (1) The charter use of Washington State Ferry vessels
when established route operations and normal user requirements are not disrupted is permissible. In establishing chartering agreements, Washington State Ferries shall consider
the special needs of local communities and interested parties.
Washington State Ferries shall use sound business judgment
and be sensitive to the interests of existing private enterprises.
(2) Consistent with the policy as established in subsection (1) of this section, the chief executive officer of the
Washington State Ferries may approve agreements for the
chartering of Washington State Ferry vessels to groups or
individuals, including hazardous material transporters, in
accordance with the following:
(a) Vessels may be committed to charter only when
established route operation and normal user requirements are
not disrupted or inconvenienced. If a vessel is engaged in the
transport of hazardous materials, the transporter shall pay for
all legs necessary to complete the charter, even if the vessel is
simultaneously engaged in an operational voyage on behalf
of Washington State Ferries.
(b) Charter rates for vessels must be established at actual
vessel operating costs plus a market-rate profit margin.
Actual vessel operating costs include, but are not limited to,
all labor, fuel, and vessel maintenance costs incurred due to
the charter agreement, including deadheading and standby.
(c) Parties chartering Washington State Ferry vessels
shall comply with all applicable laws, rules, and regulations
during the charter voyage, and failure to so comply is cause
for immediate termination of the charter voyage. [2003 c 374
§ 1; 1997 c 323 § 2.]
Finding—1997 c 323: "The legislature finds that when established
route operations and normal user requirements are not disrupted Washington
state ferries may be used for the transportation of hazardous materials under
the chartering procedures and rates described in RCW 47.60.135." [1997 c
323 § 1.]
47.60.140
47.60.140 System as self-liquidating undertaking—
Powers of department—Concessions. (1) The department
is empowered to operate such ferry system, including all
operations, whether intrastate or international, upon any route
or routes, and toll bridges as a revenue-producing and selfliquidating undertaking. The department has full charge of
47.60.140
the construction, rehabilitation, rebuilding, enlarging,
improving, operation, and maintenance of the ferry system,
including toll bridges, approaches, and roadways incidental
thereto that may be authorized by the department, including
the collection of tolls and other charges for the services and
facilities of the undertaking. The department has the exclusive right to enter into leases and contracts for use and occupancy by other parties of the concessions and space located
on the ferries, wharves, docks, approaches, parking lots, and
landings, including the selling of commercial advertising
space and licenses to use the Washington State Ferries trademarks, but, except as provided in subsection (2) of this section, no such leases or contracts may be entered into for more
than ten years, nor without a competitive contract process,
except as otherwise provided in this section. The competitive
process shall be either an invitation for bids in accordance
with the process established by chapter 43.19 RCW, or a
request for proposals in accordance with the process established by RCW 47.56.030. All revenues from commercial
advertising, concessions, parking, leases, and contracts must
be deposited in the Puget Sound ferry operations account in
accordance with RCW 47.60.150.
(2) As part of a joint development agreement under
which a public or private developer constructs or installs
improvements on ferry system property, the department may
lease all or part of such property and improvements to such
developers for that period of time, not to exceed fifty-five
years, or not to exceed thirty years for those areas located
within harbor areas, which the department determines is necessary to allow the developer to make reasonable recovery on
its initial investment. Any lease entered into as provided for
in this subsection that involves state aquatic lands shall conform with the Washington state Constitution and applicable
statutory requirements as determined by the department of
natural resources. That portion of the lease rate attributable
to the state aquatic lands shall be distributed in the same manner as other lease revenues derived from state aquatic lands as
provided in *RCW 79.24.580.
(3) The department shall include in the strategic planning
and performance assessment process, as required by RCW
43.88.090, an analysis of the compatibility of public and private partnerships with the state ferry system's core business,
and the department's efforts to maximize nonfarebox revenues and provide benefit to the public users of the ferry system facilities. The department shall include an assessment of
the need for an open solicitation to identify and select possible public or private partnerships in order to maximize the
value of projects and the state's investment in current and
future ferry system operations.
(a) When the department determines that an open solicitation is necessary, a request for proposal shall be released,
consisting of an open solicitation outlining functional specifications to be used as the basis for selecting partnerships in the
project.
(b) Any responses to the request for proposal shall be
evaluated, at a minimum, on the basis of compatibility with
the state ferry system's core business, potential to maximize
nonfarebox revenue, longevity of the possible partnership
commitment, and benefit to the public users of the ferry system facilities.
[2003 RCW Supp—page 685]
47.60.150
Title 47 RCW: Public Highways and Transportation
(c) If no responses are received, or those that are
received are incompatible with ferry system operations, or do
not meet the criteria stated in (b) of this subsection, the state
ferry system may proceed with state ferry system operating
strategies designed to achieve state ferry system objectives
without established partnerships. [2003 c 374 § 2; 1995 1st
sp.s. c 4 § 2; 1987 c 69 § 1; 1984 c 7 § 311; 1965 ex.s. c 170
§ 58; 1961 c 13 § 47.60.140. Prior: 1951 c 259 § 1; 1949 c
179 § 5, part; Rem. Supp. 1949 § 6584-34, part.]
*Reviser's note: RCW 79.24.580 was recodified as RCW 79.90.245
pursuant to 2003 c 334 § 569.
Effective date—1995 1st sp.s. c 4: See note following RCW
47.56.030.
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.150
47.60.150 Fixing of charges—Deposit of revenues.
Subject to the provisions of RCW 47.60.326, the schedule of
charges for the services and facilities of the system shall be
fixed and revised from time to time by the commission so that
the tolls and other revenues deposited in the Puget Sound
ferry operations account for maintenance and operation, and
all moneys in the Puget Sound capital construction account
available for debt service will yield annual revenue and
income sufficient, after allowance for all operating, maintenance, and repair expenses to pay the interest and principal
and sinking fund charges for all outstanding revenue bonds,
and to create and maintain a fund for ordinary renewals and
replacements: PROVIDED, That if provision is made by any
resolution for the issuance of revenue bonds for the creation
and maintenance of a special fund for rehabilitating, rebuilding, enlarging, or improving all or any part of the ferry system then such schedule of tolls and rates of charges shall be
fixed and revised so that the revenue and income will also be
sufficient to comply with such provision.
All income and revenues as collected by the ferry system
from any source shall be paid to the state treasurer for the
account of the department and deposited into the Puget
Sound ferry operations account. Nothing in this section
requires tolls on the Hood Canal bridge except as may be
required by any bond covenants. [2003 c 374 § 3; 1999 c 94
§ 26; 1990 c 42 § 405. Prior: 1986 c 66 § 2; 1986 c 23 § 1;
1983 c 3 § 135; 1972 ex.s. c 24 § 5; 1961 c 13 § 47.60.150;
prior: 1949 c 179 § 5, part; Rem. Supp. 1949 § 6584-34,
part.]
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1986 c 66: "This act shall take effect July 1, 1987. The
secretary of transportation may immediately take such steps as are necessary
to ensure that this act is implemented on its effective date." [1986 c 66 § 14.]
Effective date—1986 c 23: "This act shall take effect on July 1, 1987.
The secretary of transportation may immediately take such steps as may be
necessary to insure that this act is implemented on its effective date." [1986
c 23 § 2.]
47.60.326
47.60.326 Schedule of charges for state ferries—
Review by department, factors considered—Rule making
by commission. (1) In order to maintain an adequate, fair,
and economically sound schedule of charges for the transportation of passengers, vehicles, and commodities on the Wash[2003 RCW Supp—page 686]
ington state ferries, the department of transportation each
year shall conduct a full review of such charges.
(2) Prior to February 1st of each odd-numbered year the
department shall transmit to the transportation commission a
report of its review together with its recommendations for the
revision of a schedule of charges for the ensuing biennium.
The commission on or before July 1st of that year shall adopt
as a rule, in the manner provided by the Washington administrative procedure act, a schedule of charges for the Washington state ferries for the ensuing biennium commencing
July 1st. The schedule may initially be adopted as an emergency rule if necessary to take effect on, or as near as possible
to, July 1st.
(3) The department in making its review and formulating
recommendations and the commission in adopting a schedule
of charges may consider any of the following factors:
(a) The amount of subsidy available to the ferry system
for maintenance and operation;
(b) The time and distance of ferry runs;
(c) The maintenance and operation costs for ferry runs
with a proper adjustment for higher costs of operating outmoded or less efficient equipment;
(d) The efficient distribution of traffic between crosssound routes;
(e) The desirability of reasonable commutation rates for
persons using the ferry system to commute daily to work;
(f) The effect of proposed fares in increasing walk-on
and vehicular passenger use;
(g) The effect of proposed fares in promoting all types of
ferry use during nonpeak periods;
(h) The estimated revenues that are projected to be
earned by the ferry system from commercial advertisements,
parking, contracts, leases, and other sources;
(i) Such other factors as prudent managers of a major
ferry system would consider.
(4) If at any time during the biennium it appears that projected revenues from the Puget Sound ferry operations
account and any other operating subsidy available to the
Washington state ferries will be less than the projected total
cost of maintenance and operation of the Washington state
ferries for the biennium, the department shall forthwith
undertake a review of its schedule of charges to ascertain
whether or not the schedule of charges should be revised.
The department shall, upon completion of its review report,
submit its recommendation to the transportation commission
which may in its sound discretion revise the schedule of
charges as required to meet necessary maintenance and operation expenditures of the ferry system for the biennium or
may defer action until the regular annual review and revision
of ferry charges as provided in subsection (2) of this section.
(5) The provisions of RCW 47.60.330 relating to public
participation shall apply to the process of revising ferry tolls
under this section.
(6) Under RCW 43.135.055, the transportation commission may increase ferry tolls included in the schedule of
charges adopted under this section by a percentage that
exceeds the fiscal growth factor.
(7) Notwithstanding the provisions of this section and
chapter 81.28 RCW, and using sound business judgment, the
chief executive officer of the ferry system may authorize the
use of promotional, discounted, and special event fares to the
Marine Employees—Public Employment Relations
general public and commercial enterprises for the purpose of
maximizing capacity use and the revenues collected by the
ferry system. The department shall report to the transportation commission a summary of the promotional, discounted,
and special event fares offered during each fiscal year and the
financial results from these activities. [2003 c 374 § 4; 2001
1st sp.s. c 1 § 1; 1999 c 94 § 27; 1990 c 42 § 406; 1983 c 15
§ 25; 1981 c 344 § 5.]
Effective date—2001 1st sp.s. c 1: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect immediately [May 2, 2001]." [2001 1st sp.s. c 1 § 2.]
47.64.090
tracts with public transportation benefit areas meeting the
requirements of RCW 36.57A.200 or county ferry districts to
convey passenger-only ferry vessels and other properties
associated with passenger-only ferry service that serve to
provide passenger-only ferry service, as full or part consideration for the benefit area or ferry district assuming all future
maintenance and operation obligations and costs required to
maintain and operate the vessel and facilities. The conveyances must provide that the vessels or properties revert to the
department if the vessels are not used for providing passenger-only ferry service. [2003 c 83 § 203.]
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
Reviser's note: 2003 c 83 directed that this section be added to chapter
47.52 RCW. However, codification in chapter 47.60 RCW appears to be
more appropriate.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
Severability—1983 c 15: See RCW 47.64.910.
Severability—1981 c 344: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 344 § 8.]
Chapter 47.64
Chapter 47.64 RCW
MARINE EMPLOYEES—PUBLIC
EMPLOYMENT RELATIONS
Sections
47.60.330
47.60.330 Public participation. (1) Before a substantial expansion or curtailment in the level of service provided
to ferry users, or a revision in the schedule of ferry tolls or
charges, the department of transportation shall consult with
affected ferry users. The consultation shall be: (a) By public
hearing in affected local communities; (b) by review with the
affected ferry advisory committees pursuant to RCW
47.60.310; (c) by conducting a survey of affected ferry users;
or (d) by any combination of (a) through (c). Promotional,
discount, and special event fares that are not part of the published schedule of ferry charges or tolls are exempt. The
department shall report an accounting of all exempt revenues
to the transportation commission each fiscal year.
(2) There is created a ferry system productivity council
consisting of a representative of each ferry advisory committee empanelled under RCW 47.60.310, elected by the members thereof, and two representatives of employees of the
ferry system appointed by mutual agreement of all of the
unions representing ferry employees, which shall meet from
time to time with ferry system management to discuss means
of improving ferry system productivity.
(3) Before increasing ferry tolls the department of transportation shall consider all possible cost reductions with full
public participation as provided in subsection (1) of this section and, consistent with public policy, shall consider adapting service levels equitably on a route-by-route basis to
reflect trends in and forecasts of traffic usage. Forecasts of
traffic levels shall be developed by the bond covenant traffic
engineering firm appointed under the provisions of RCW
47.60.450. Provisions of this section shall not alter obligations under RCW 47.60.450. Before including any toll
increase in a budget proposal by the commission, the department of transportation shall consult with affected ferry users
in the manner prescribed in (1)(b) of this section plus the procedure of either (1)(a) or (c) of this section. [2003 c 374 § 5;
1983 c 15 § 26.]
Severability—1983 c 15: See RCW 47.64.910.
47.60.656
47.60.656 Passenger-only ferry service—Conveyances. The department of transportation may enter into con-
47.64.090
47.64.090
Other party operating ferry by rent, lease, or charter—Passenger-only ferry service (as amended by 2003 c 91).
Other party operating ferry by rent, lease, or charter (as
amended by 2003 c 373).
47.64.090
47.64.090 Other party operating ferry by rent, lease, or charter—
Passenger-only ferry service (as amended by 2003 c 91). (1) Except as
provided in section 203 ((of this act)), chapter 83, Laws of 2003 and subsection (2) of this section, or as provided in section 303 ((of this act)), chapter
83, Laws of 2003 and subsection (3) of this section, if any party assumes the
operation and maintenance of any ferry or ferry system by rent, lease, or
charter from the department of transportation, such party shall assume and be
bound by all the provisions herein and any agreement or contract for such
operation of any ferry or ferry system entered into by the department shall
provide that the wages to be paid, hours of employment, working conditions,
and seniority rights of employees will be established by the marine employees' commission in accordance with the terms and provisions of this chapter
and it shall further provide that all labor disputes shall be adjudicated in
accordance with chapter 47.64 RCW.
(2) If a public transportation benefit area meeting the requirements of
section 201 ((of this act)), chapter 83, Laws of 2003 has voter approval to
operate passenger-only ferry service, it may enter into an agreement with
Washington State Ferries to rent, lease, or purchase passenger-only vessels,
related equipment, or terminal space for purposes of loading and unloading
the passenger-only ferry. Charges for the vessels, equipment, and space
must be fair market value taking into account the public benefit derived from
the ferry service. A benefit area or subcontractor of that benefit area that
qualifies under this subsection is not subject to the restrictions of subsection
(1) of this section, but is subject to:
(a) The terms of those collective bargaining agreements that it or its
subcontractors negotiate with the exclusive bargaining representatives of its
or its subcontractors' employees under chapter 41.56 RCW or the National
Labor Relations Act, as applicable;
(b) Unless otherwise prohibited by federal or state law, a requirement
that the benefit area and any contract with its subcontractors, give preferential hiring to former employees of the department of transportation who separated from employment with the department because of termination of the
ferry service by the state of Washington; and
(c) Unless otherwise prohibited by federal or state law, a requirement
that the benefit area and any contract with its subcontractors, on any questions concerning representation of employees for collective bargaining purposes, may be determined by conducting a cross-check comparing an
employee organization's membership records or bargaining authorization
cards against the employment records of the employer.
(3) If a ferry district is formed under section 301 ((of this act)), chapter
83, Laws of 2003 to operate passenger-only ferry service, it may enter into
an agreement with Washington State Ferries to rent, lease, or purchase vessels, related equipment, or terminal space for purposes of loading and
unloading the ferry. Charges for the vessels, equipment, and space must be
[2003 RCW Supp—page 687]
47.64.090
Title 47 RCW: Public Highways and Transportation
fair market value taking into account the public benefit derived from the
ferry service. A ferry district or subcontractor of that district that qualifies
under this subsection is not subject to the restrictions of subsection (1) of this
section, but is subject to:
(a) ((Subject to)) The terms of those collective bargaining agreements
that it or its subcontractors negotiate with the exclusive bargaining representatives of its or its subcontractors' employees under chapter 41.56 RCW or
the National Labor Relations Act, as applicable;
(b) ((Subject to)) Unless otherwise prohibited by federal or state law, a
requirement((, to be included by)) that the ferry district ((in)) and any contract with ((the district's)) its subcontractors, ((to)) give preferential hiring to
former employees of the department of transportation who separated from
employment with the department because of termination of the ferry service
by the state of Washington; and
(c) ((Subject to)) Unless otherwise prohibited by federal or state law, a
requirement((, to be included by)) that the ferry district ((in)) and any contract with ((the district's)) its subcontractors, ((that)) on any questions concerning representation of employees for collective bargaining purposes, may
be determined by conducting a cross-check comparing an employee organization's membership records or bargaining authorization cards against the
employment records of the employer. [2003 c 91 § 1; 2003 c 83 § 205; 1983
c 15 § 27; 1961 c 13 § 47.64.090. Prior: 1949 c 148 § 8; Rem. Supp. 1949
§ 6524-29.]
Contingent effective date—2003 c 91: "Sections 1 and 2 of this act are
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect immediately [April 23, 2003], but only if Engrossed Substitute House Bill No. 1853 has become law. If Engrossed Substitute House
Bill No. 1853 has not become law by June 30, 2003, sections 1 and 2 of this
act are null and void." [2003 c 91 § 4.] Engrossed Substitute House Bill No.
1853 became law as 2003 c 83, effective April 23, 2003.
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
47.64.090
47.64.090 Other party operating ferry by rent, lease, or charter (as
amended by 2003 c 373). (1) Except as provided in subsection (2) of this
section, if any party assumes the operation and maintenance of any ferry or
ferry system by rent, lease, or charter from the department of transportation,
such party shall assume and be bound by all the provisions herein and any
agreement or contract for such operation of any ferry or ferry system entered
into by the department shall provide that the wages to be paid, hours of
employment, working conditions and seniority rights of employees will be
established by the marine employees' commission in accordance with the
terms and provisions of this chapter and it shall further provide that all labor
disputes shall be adjudicated in accordance with chapter 47.64 RCW.
(2) The department of transportation shall make its terminal, dock, and
pier space available to private operators of passenger-only ferries if the space
can be made available without limiting the operation of car ferries operated
by the department. These private operators are not bound by the provisions
of subsection (1) of this section. Charges for the equipment and space must
be fair market value taking into account the public benefit derived from the
passenger-only ferry service. [2003 c 373 § 3; 1983 c 15 § 27; 1961 c 13 §
47.64.090. Prior: 1949 c 148 § 8; Rem. Supp. 1949 § 6524-29.]
Reviser's note: RCW 47.64.090 was amended three times during the
2003 legislative session, twice without reference to the other. For rule of
construction concerning sections amended more than once during the same
legislative session, see RCW 1.12.025.
Findings—Intent—2003 c 373: "The legislature finds that the Washington state department of transportation should focus on its core ferry mission of moving automobiles on Washington state's marine highways. The
legislature finds that current statutes impose barriers to entities other than the
state operating passenger-only ferries. The legislature intends to lift those
barriers to allow entities other than the state to provide passenger-only ferry
service. The legislature finds that the provision of this service and the
improvement in the mobility of the citizens of Washington state is legally
adequate consideration for the use of state facilities in conjunction with the
provision of the service, and the legislature finds that allowing the operators
of passenger-only ferries to use state facilities on the basis of legally adequate consideration does not evince donative intent on the part of the legislature." [2003 c 373 § 1.]
Severability—1983 c 15: See RCW 47.64.910.
[2003 RCW Supp—page 688]
Chapter 47.68
Chapter 47.68 RCW
AERONAUTICS
(Formerly: Chapter 14.04 RCW, Aeronautics commission)
Sections
47.68.233
47.68.233
47.68.234
47.68.234
47.68.240
47.68.240
47.68.250
47.68.255
Registration of pilots—Certificates—Fees—Exemptions—
Use of fees. (Effective until July 1, 2004.)
Registration of pilots—Certificates—Fees—Exemptions—
Use of fees. (Effective July 1, 2004.)
Registration of airman and airwoman. (Effective until July 1,
2004.)
Registration of airman and airwoman. (Effective July 1, 2004.)
Penalties for violations. (Effective until July 1, 2004.)
Penalties for violations. (Effective July 1, 2004.)
Registration of aircraft.
Evasive registration. (Effective July 1, 2004.)
47.68.233
47.68.233 Registration of pilots—Certificates—
Fees—Exemptions—Use of fees. (Effective until July 1,
2004.) The department shall require that every pilot who is a
resident of this state and every nonresident pilot who regularly operates any aircraft in this state be registered with the
department. The department shall charge an annual fee of fifteen dollars for each registration. For the period of July 1,
2003, through June 30, 2005, seven dollars of each registration fee collected shall be deposited into the aeronautics
account, to be used solely for airport maintenance. All registration certificates issued under this section shall be renewed
annually during the month of the registrant's birthdate.
Except as provided in the paragraph above, the registration fee imposed by this section shall be used by the department for the purpose of (a) search and rescue of lost and
downed aircraft and airmen under the direction and supervision of the secretary, (b) safety and education, and (c) volunteer recognition and support.
Registration shall be effected by filing with the department a certified written statement that contains the information reasonably required by the department. The department
shall issue certificates of registration and in connection therewith shall prescribe requirements for the possession and exhibition of the certificates.
The provisions of this section do not apply to:
(1) A pilot who operates an aircraft exclusively in the
service of any government or any political subdivision
thereof, including the government of the United States, any
state, territory, or possession of the United States, or the District of Columbia;
(2) A pilot registered under the laws of a foreign country;
(3) A pilot engaged exclusively in commercial flying
constituting an act of interstate or foreign commerce;
(4) A person piloting an aircraft equipped with fully
functioning dual controls when a licensed instructor is in full
charge of one set of the controls and the flight is solely for
instruction or for the demonstration of the aircraft to a bona
fide prospective purchaser.
Failure to register as provided in this section is a violation of RCW 47.68.230 and subjects the offender to the penalties incident thereto. [2003 c 375 § 1; 2000 c 176 § 1; 1987
c 220 § 2; 1984 c 7 § 355; 1983 c 3 § 143; 1967 c 207 § 2.
Formerly RCW 14.04.233.]
Effective date—2003 c 375: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 375 § 7.]
Aeronautics
Severability—1987 c 220: See note following RCW 47.68.230.
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.233
47.68.233 Registration of pilots—Certificates—
Fees—Exemptions—Use of fees. (Effective July 1, 2004.)
(1) The department shall require that every pilot who is a resident of this state and every nonresident pilot who regularly
operates any aircraft in this state be registered with the
department. The department shall charge an annual fee of fifteen dollars for each registration. For the period of July 1,
2003, through June 30, 2005, seven dollars of each registration fee collected shall be deposited into the aeronautics
account, to be used solely for airport maintenance. All registration certificates issued under this section shall be renewed
annually during the month of the registrant's birthdate.
(2) Except as provided in the paragraph above, the registration fee imposed by this section shall be used by the
department for the purpose of (a) search and rescue of lost
and downed aircraft and airmen under the direction and
supervision of the secretary, (b) safety and education, and (c)
volunteer recognition and support.
(3) Registration shall be effected by filing with the
department a certified written statement that contains the
information reasonably required by the department. The
department shall issue certificates of registration and in connection therewith shall prescribe requirements for the possession and exhibition of the certificates.
(4) The provisions of this section do not apply to:
(a) A pilot who operates an aircraft exclusively in the
service of any government or any political subdivision
thereof, including the government of the United States, any
state, territory, or possession of the United States, or the District of Columbia;
(b) A pilot registered under the laws of a foreign country;
(c) A pilot engaged exclusively in commercial flying
constituting an act of interstate or foreign commerce;
(d) A person piloting an aircraft equipped with fully
functioning dual controls when a licensed instructor is in full
charge of one set of the controls and the flight is solely for
instruction or for the demonstration of the aircraft to a bona
fide prospective purchaser.
(5) Failure to register as provided in this section is a violation of RCW 47.68.230 and subjects the offender to the
penalties set forth in RCW 47.68.240(2). [2003 c 375 § 1;
2003 c 53 § 263; 2000 c 176 § 1; 1987 c 220 § 2; 1984 c 7 §
355; 1983 c 3 § 143; 1967 c 207 § 2. Formerly RCW
14.04.233.]
Reviser's note: This section was amended by 2003 c 53 § 263 and by
2003 c 375 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 375: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 375 § 7.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1987 c 220: See note following RCW 47.68.230.
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.234
47.68.234 Registration of airman and airwoman.
(Effective until July 1, 2004.) The department shall require
47.68.234
that every airman or airwoman that is not registered under
RCW 47.68.233 and who is a resident of this state, or every
nonresident airman or airwoman who is regularly performing
duties as an airman or airwoman within this state, be registered with the department. The department shall charge an
annual fee of fifteen dollars for each registration. For the
period of July 1, 2003, through June 30, 2005, seven dollars
of which shall be deposited into the aeronautics account, to
be used solely for airport maintenance. A registration certificate issued under this section is to be renewed annually during the month of the registrant's birthdate.
Except as provided in the paragraph above, the department shall use the registration fee imposed under this section
for the purposes of: (1) Search and rescue of lost and downed
aircraft and airmen or airwomen under the direction and
supervision of the secretary; and (2) safety and education.
Registration is effected by filing with the department a
certified written statement that contains the information reasonably required by the department. The department shall
issue certificates of registration and, in connection with the
certificates, shall provide requirements for the possession and
exhibition of the certificates.
Failure to register as provided in this section is a violation of RCW 47.68.230 and subjects the offender to the penalties incident to this section. [2003 c 375 § 2; 1993 c 208 §
3.]
Effective date—2003 c 375: See note following RCW 47.68.233.
47.68.234
47.68.234 Registration of airman and airwoman.
(Effective July 1, 2004.) (1) The department shall require
that every airman or airwoman that is not registered under
RCW 47.68.233 and who is a resident of this state, or every
nonresident airman or airwoman who is regularly performing
duties as an airman or airwoman within this state, be registered with the department. The department shall charge an
annual fee of fifteen dollars for each registration. For the
period of July 1, 2003, through June 30, 2005, seven dollars
of which shall be deposited into the aeronautics account, to
be used solely for airport maintenance. A registration certificate issued under this section is to be renewed annually during the month of the registrant's birthdate.
(2) Except as provided in the paragraph above, the
department shall use the registration fee imposed under this
section for the purposes of: (a) Search and rescue of lost and
downed aircraft and airmen or airwomen under the direction
and supervision of the secretary; and (b) safety and education.
(3) Registration is effected by filing with the department
a certified written statement that contains the information
reasonably required by the department. The department shall
issue certificates of registration and, in connection with the
certificates, shall provide requirements for the possession and
exhibition of the certificates.
(4) Failure to register as provided in this section is a violation of RCW 47.68.230 and subjects the offender to the
penalties set forth in RCW 47.68.240(2). [2003 c 375 § 2;
2003 c 53 § 264; 1993 c 208 § 3.]
Reviser's note: This section was amended by 2003 c 53 § 264 and by
2003 c 375 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
[2003 RCW Supp—page 689]
47.68.240
Title 47 RCW: Public Highways and Transportation
Effective date—2003 c 375: See note following RCW 47.68.233.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
47.68.240
47.68.240 Penalties for violations. (Effective until
July 1, 2004.) (1) Any person violating any of the provisions
of this chapter, or any of the rules, regulations, or orders
issued pursuant thereto, shall be guilty of a misdemeanor and
shall be punished as provided under chapter 9A.20 RCW,
except that any person violating any of the provisions of
RCW 47.68.220, 47.68.230, or 47.68.255 shall be guilty of a
gross misdemeanor which shall be punished as provided
under chapter 9A.20 RCW. In addition to, or in lieu of, the
penalties provided in this section, or as a condition to the suspension of a sentence which may be imposed pursuant
thereto, for violations of RCW 47.68.220 and 47.68.230, the
court in its discretion may prohibit the violator from operating an aircraft within the state for such period as it may determine but not to exceed one year. Violation of the duly
imposed prohibition of the court may be treated as a separate
offense under this section or as a contempt of court.
(2) In addition to the provisions of subsection (1) of this
section, failure to register an aircraft, as required by this
chapter is subject to the following civil penalties:
(a) If the aircraft registration is sixty days to one hundred
nineteen days past due, the civil penalty is one hundred dollars.
(b) If the aircraft registration is one hundred twenty days
to one hundred eighty days past due, the civil penalty is two
hundred dollars.
(c) If the aircraft registration is over one hundred eighty
days past due, the civil penalty is four hundred dollars.
(3) In addition to the provisions in subsection (1) of this
section, failure to register as a pilot, airman, or airwoman, as
required by this chapter, is subject to a civil penalty of four
times the fees that are due. If the pilot registration is sixty
days past due, the pilot, airman, or airwoman is subject to the
[a] civil penalty of four times the fees that are due.
(4) The revenue from penalties prescribed in subsection
(2) of this section must be deposited into the aeronautics
account under RCW 82.42.090. The revenue from penalties
prescribed in subsection (3) of this section must be deposited
into the aircraft search and rescue, safety, and education
account under RCW 47.68.236. [2003 c 375 § 3; 2000 c 229
§ 2; 1999 c 277 § 5; 1993 c 238 § 3; 1987 c 202 § 216; 1983
c 3 § 145; 1947 c 165 § 24; Rem. Supp. 1947 § 10964-104.
Formerly RCW 14.04.240.]
Effective date—2003 c 375: See note following RCW 47.68.233.
Effective date—2000 c 229: See note following RCW 46.16.010.
Intent—1987 c 202: See note following RCW 2.04.190.
47.68.240
47.68.240 Penalties for violations. (Effective July 1,
2004.) (1) Except as provided in subsection (2) of this section, any person violating any of the provisions of this chapter, or any of the rules, regulations, or orders issued pursuant
thereto, is guilty of a misdemeanor.
(2)(a) Any person violating any of the provisions of
RCW 47.68.220, 47.68.230, or 47.68.255 is guilty of a gross
misdemeanor.
(b) In addition to, or in lieu of, the penalties provided in
this section, or as a condition to the suspension of a sentence
[2003 RCW Supp—page 690]
which may be imposed pursuant thereto, for violations of
RCW 47.68.220 and 47.68.230, the court in its discretion
may prohibit the violator from operating an aircraft within
the state for such period as it may determine but not to exceed
one year. Violation of the duly imposed prohibition of the
court may be treated as a separate offense under this section
or as a contempt of court.
(3) In addition to the provisions of subsection[s] (1) [and
(2)] of this section, failure to register an aircraft, as required
by this chapter is subject to the following civil penalties:
(a) If the aircraft registration is sixty days to one hundred
nineteen days past due, the civil penalty is one hundred dollars.
(b) If the aircraft registration is one hundred twenty days
to one hundred eighty days past due, the civil penalty is two
hundred dollars.
(c) If the aircraft registration is over one hundred eighty
days past due, the civil penalty is four hundred dollars.
(4) In addition to the provisions in subsection[s] (1) [and
(2)] of this section, failure to register as a pilot, airman, or airwoman, as required by this chapter, is subject to a civil penalty of four times the fees that are due. If the pilot registration
is sixty days past due, the pilot, airman, or airwoman is subject to the [a] civil penalty of four times the fees that are due.
(5) The revenue from penalties prescribed in subsection
(3) of this section must be deposited into the aeronautics
account under RCW 82.42.090. The revenue from penalties
prescribed in subsection (4) of this section must be deposited
into the aircraft search and rescue, safety, and education
account under RCW 47.68.236. [2003 c 375 § 3; 2003 c 53 §
265; 2000 c 229 § 2; 1999 c 277 § 5; 1993 c 238 § 3; 1987 c
202 § 216; 1983 c 3 § 145; 1947 c 165 § 24; Rem. Supp. 1947
§ 10964-104. Formerly RCW 14.04.240.]
Reviser's note: This section was amended by 2003 c 53 § 265 and by
2003 c 375 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 375: See note following RCW 47.68.233.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2000 c 229: See note following RCW 46.16.010.
Intent—1987 c 202: See note following RCW 2.04.190.
47.68.250
47.68.250 Registration of aircraft. Every aircraft shall
be registered with the department for each calendar year in
which the aircraft is operated or is based within this state. A
fee of fifteen dollars shall be charged for each such registration and each annual renewal thereof.
Possession of the appropriate effective federal certificate, permit, rating, or license relating to ownership and airworthiness of the aircraft, and payment of the excise tax
imposed by Title 82 RCW for the privilege of using the aircraft within this state during the year for which the registration is sought, and payment of the registration fee required by
this section shall be the only requisites for registration of an
aircraft under this section.
The registration fee imposed by this section shall be payable to and collected by the secretary. The fee for any calendar year must be paid during the month of January, and shall
be collected by the secretary at the time of the collection by
him or her of the said excise tax. If the secretary is satisfied
Rail Freight Service
that the requirements for registration of the aircraft have been
met, he or she shall thereupon issue to the owner of the aircraft a certificate of registration therefor. The secretary shall
pay to the state treasurer the registration fees collected under
this section, which registration fees shall be credited to the
aeronautics account in the transportation fund.
It shall not be necessary for the registrant to provide the
secretary with originals or copies of federal certificates, permits, ratings, or licenses. The secretary shall issue certificates of registration, or such other evidences of registration or
payment of fees as he or she may deem proper; and in connection therewith may prescribe requirements for the possession and exhibition of such certificates or other evidences.
The provisions of this section shall not apply to:
(1) An aircraft owned by and used exclusively in the service of any government or any political subdivision thereof,
including the government of the United States, any state, territory, or possession of the United States, or the District of
Columbia, which is not engaged in carrying persons or property for commercial purposes;
(2) An aircraft registered under the laws of a foreign
country;
(3) An aircraft which is owned by a nonresident and registered in another state: PROVIDED, That if said aircraft
shall remain in and/or be based in this state for a period of
ninety days or longer it shall not be exempt under this section;
(4) An aircraft engaged principally in commercial flying
constituting an act of interstate or foreign commerce;
(5) An aircraft owned by the commercial manufacturer
thereof while being operated for test or experimental purposes, or for the purpose of training crews for purchasers of
the aircraft;
(6) An aircraft being held for sale, exchange, delivery,
test, or demonstration purposes solely as stock in trade of an
aircraft dealer licensed under Title 14 RCW;
(7) An aircraft based within the state that is in an unairworthy condition, is not operated within the registration
period, and has obtained a written exemption issued by the
secretary.
The secretary shall be notified within thirty days of any
change in ownership of a registered aircraft. The notification
shall contain the N, NC, NR, NL, or NX number of the aircraft, the full name and address of the former owner, and the
full name and address of the new owner. For failure to so
notify the secretary, the registration of that aircraft may be
canceled by the secretary, subject to reinstatement upon
application and payment of a reinstatement fee of ten dollars
by the new owner.
A municipality or port district that owns, operates, or
leases an airport, as defined in RCW 47.68.020, with the
intent to operate, shall require from an aircraft owner proof of
aircraft registration as a condition of leasing or selling
tiedown or hanger space for an aircraft. It is the responsibility of the lessee or purchaser to register the aircraft. The airport shall work with the aviation division to assist in its
efforts to register aircraft by providing information about
based aircraft on an annual basis as requested by the division.
[2003 c 375 § 4; 1999 c 302 § 2; 1998 c 188 § 1; 1995 c 170
§ 3; 1993 c 208 § 7; 1987 c 220 § 3; 1979 c 158 § 206; 1967
ex.s. c 9 § 8; 1955 c 150 § 11; 1949 c 49 § 12; 1947 c 165 §
47.76.420
25; Rem. Supp. 1949 § 10964-105. Formerly RCW
14.04.250.]
Effective date—2003 c 375: See note following RCW 47.68.233.
Severability—1987 c 220: See note following RCW 47.68.230.
Aircraft dealers: Chapter 14.20 RCW.
Definition of terms: RCW 14.20.010, 47.68.020.
47.68.255
47.68.255 Evasive registration. (Effective July 1,
2004.) A person who is required to register an aircraft under
this chapter and who registers an aircraft in another state or
foreign country evading the Washington aircraft excise tax is
guilty of a gross misdemeanor. For a second or subsequent
offense, the person convicted is also subject to a fine equal to
four times the amount of avoided taxes and fees, no part of
which may be suspended or deferred. Excise taxes owed and
fines assessed will be deposited in the manner provided under
RCW 46.16.010(4). [2003 c 53 § 266; 2000 c 229 § 3; 1999
c 277 § 6; 1996 c 184 § 3; 1993 c 238 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2000 c 229: See note following RCW 46.16.010.
Effective date—1996 c 184: See note following RCW 46.16.010.
Chapter 47.76
Chapter 47.76 RCW
RAIL FREIGHT SERVICE
Sections
47.76.400
47.76.410
47.76.420
47.76.430
47.76.440
47.76.450
47.76.900
Produce railcar pool—Findings—Intent.
Produce railcar pool—Definition.
Produce railcar pool—Departmental authority.
Produce railcar pool—Funding.
Produce railcar pool—Management.
Produce railcar pool account.
Captions not law.
47.76.400
47.76.400 Produce railcar pool—Findings—Intent.
The legislature finds that an actively coordinated and cooperatively facilitated railcar pool for transportation of perishable
agricultural commodities is necessary for the continued viability and competitiveness of Washington's agricultural
industry. The legislature also finds that the rail transportation
model established by the Washington Grain Train program
has been successful in serving the shipping needs of the
wheat industry.
It is, therefore, the intent of the legislature to authorize
and direct the Washington department of transportation to
develop a railcar program for Washington's perishable commodity industries to be known as the Washington Produce
Railcar Pool. This railcar program should be modeled from
the Washington Grain Train program, but be made flexible
enough to work with entities outside state government in
order to fulfill its mission, including, but not limited to, the
federal and local governments, commodity commissions, and
private entities. [2003 c 191 § 1.]
47.76.410
47.76.410 Produce railcar pool—Definition. As used
in RCW 47.76.400 through 47.76.450 "short line railroad"
means a Class II or Class III railroad as defined by the United
States Surface Transportation Board. [2003 c 191 § 2.]
47.76.420
47.76.420 Produce railcar pool—Departmental
authority. In addition to powers otherwise granted by law,
[2003 RCW Supp—page 691]
47.76.430
Title 47 RCW: Public Highways and Transportation
the department may establish a Washington Produce Railcar
Pool to promote viable, cost-effective rail service for Washington produce, including but not limited to apples, onions,
pears, and potatoes, both processed and fresh.
To the extent that funds are appropriated, the department
may:
(1) Operate the Washington Produce Railcar Pool program while working in close coordination with the department of agriculture, interested commodity commissions, port
districts, and other interested parties;
(2) For the purposes of this program:
(a) Purchase or lease new or used refrigerated railcars;
(b) Accept donated refrigerated railcars; and
(c) Refurbish and remodel the railcars;
(3) Hire, in consultation with affected stakeholders,
including but not limited to short line railroads, commodity
commissions, and port districts, a transportation management
firm to perform the function outlined in RCW 47.76.440; and
(4) Contribute the efforts of a short line rail-financing
expert to find funding for the project to help interested short
line railroads in this state to accomplish the necessary operating arrangements once the railcars are ready for service.
[2003 c 191 § 3.]
47.76.430
47.76.430 Produce railcar pool—Funding. To the
extent that funds are appropriated, the department shall fund
the program as follows: The department may accept funding
from the federal government, or other public or private
sources, to purchase or lease new or used railcars and to
refurbish and remodel the railcars as needed. Nothing in this
section precludes other entities, including but not limited to
short line railroads, from performing the remodeling under
RCW 47.76.400 through 47.76.450. [2003 c 191 § 4.]
47.76.440
47.76.440 Produce railcar pool—Management. (1)
The transportation management firm hired under RCW
47.76.420(3) shall manage the day-to-day operations of the
railcars, such as monitoring the location of the cars, returning
them to this state, distributing them, arranging for pretrips
and repairs, and arranging for per diem, mileage allowances,
and other freight billing charges with the railroads.
(2) The railcar pool must be managed over the life of the
railcars so that the railcars will be distributed to railroads and
port districts around the state for produce loadings as market
conditions warrant or to other users, including out-of-state
users by contractual agreement, during times of excess capacity.
(3) To maximize railcar availability and use, the department or the transportation management firm may make
agreements with the transcontinental railroad systems to pool
Washington-owned or Washington-managed railcars with
those of the railroads. In such instances, the railroad must
agree to provide immediately an equal number of railcars to
the Washington railcar pool.
(4) The department shall act in an oversight role to verify
that the railcar pool is managed in accordance with subsections (2) and (3) of this section. [2003 c 191 § 5.]
47.76.450
47.76.450 Produce railcar pool account. The produce
railcar pool account is created in the custody of the state trea[2003 RCW Supp—page 692]
surer. All receipts from per diem charges, mileage charges,
and freight billing charges paid by railroads and shippers that
use the railcars in the Washington Produce Railcar Pool must
be deposited into the account. Expenditures from the account
may be used only for the purposes of RCW 47.76.400
through 47.76.440. Only the secretary of transportation or
the secretary's designee may authorize expenditures from the
account. The account is subject to allotment procedures
under chapter 43.88 RCW, but an appropriation is not
required for expenditures. [2003 c 191 § 6.]
47.76.900
47.76.900 Captions not law. Section captions used in
RCW 47.76.400 through 47.76.450 are not part of the law.
[2003 c 191 § 8.]
Chapter 47.80
Chapter 47.80 RCW
REGIONAL TRANSPORTATION
PLANNING ORGANIZATIONS
Sections
47.80.040
47.80.080
Transportation policy boards.
Majority vote on state matters.
47.80.040
47.80.040 Transportation policy boards. Each
regional transportation planning organization shall create a
transportation policy board. Transportation policy boards
shall provide policy advice to the regional transportation
planning organization and shall allow representatives of
major employers within the region, the department of transportation, transit districts, port districts, and member cities,
towns, and counties within the region to participate in policy
making. Any members of the house of representatives or the
state senate whose districts are wholly or partly within the
boundaries of the regional transportation planning organization are considered ex officio, nonvoting policy board members of the regional transportation planning organization.
This does not preclude legislators from becoming full-time,
voting board members. [2003 c 351 § 1; 1990 1st ex.s. c 17
§ 56.]
47.80.080
47.80.080 Majority vote on state matters. When voting on matters solely affecting Washington state, a regional
transportation planning organization must obtain a majority
vote of the Washington residents serving as members of the
regional transportation planning organization before a matter
may be adopted. [2003 c 351 § 2.]
Title 48
Title 48
INSURANCE
Chapters
48.01
48.02
48.06
48.09
48.13
48.14
48.15
48.17
48.18
48.18A
Initial provisions.
Insurance commissioner.
Organization of domestic insurers.
Mutual insurers.
Investments.
Fees and taxes.
Unauthorized insurers.
Agents, brokers, solicitors, and adjusters.
The insurance contract.
Variable contract act.
Initial Provisions
48.19
48.20
48.21
48.22
48.29
48.30
48.30A
48.31
48.43
48.44
48.46
48.62
48.90
48.99
Chapter 48.01
Rates.
Disability insurance.
Group and blanket disability insurance.
Casualty insurance.
Title insurers.
Unfair practices and frauds.
Insurance fraud.
Mergers, rehabilitation, liquidation.
Insurance reform.
Health care services.
Health maintenance organizations.
Local government insurance transactions.
Day care centers—Self-insurance.
Uniform insurers liquidation act.
Chapter 48.01 RCW
INITIAL PROVISIONS
Sections
48.01.050
48.01.080
48.01.235
"Insurer" defined.
Penalties.
Enrollment of a child under the health plan of the child's parent—Requirements—Restrictions.
48.01.050
48.01.050 "Insurer" defined. "Insurer" as used in this
code includes every person engaged in the business of making contracts of insurance, other than a fraternal benefit society. A reciprocal or interinsurance exchange is an "insurer"
as used in this code. Two or more hospitals that join and
organize as a mutual corporation pursuant to chapter 24.06
RCW for the purpose of insuring or self-insuring against liability claims, including medical liability, through a contributing trust fund are not an "insurer" under this code. Two or
more local governmental entities, under any provision of law,
that join together and organize to form an organization for the
purpose of jointly self-insuring or self-funding are not an
"insurer" under this code. Two or more persons engaged in
the business of commercial fishing who enter into an arrangement with other such persons for the pooling of funds to pay
claims or losses arising out of loss or damage to a vessel or
machinery used in the business of commercial fishing and
owned by a member of the pool are not an "insurer" under
this code. [2003 c 248 § 1; 1990 c 130 § 1; 1985 c 277 § 9;
1979 ex.s. c 256 § 13; 1975-'76 2nd ex.s. c 13 § 1; 1947 c 79
§ .01.05; Rem. Supp. 1947 § 45.01.05.]
Retrospective application—1985 c 277: "This act applies retrospectively to group self-funded plans formed on or after January 1, 1983." [1985
c 277 § 10.]
"Domestic," "foreign," "alien" insurers defined: RCW 48.05.010.
Merger, rehabilitation, liquidation situations—"Insurer" defined: RCW
48.31.020, 48.99.010.
"Reciprocal insurance, insurer" defined: RCW 48.10.010, 48.10.020.
48.01.080
48.01.080 Penalties. Except as otherwise provided in
this code, any person violating any provision of this code is
guilty of a gross misdemeanor and will, upon conviction, be
fined not less than ten dollars nor more than one thousand
dollars, or imprisoned for not more than one year, or both, in
addition to any other penalty or forfeiture provided herein or
otherwise by law. [2003 c 250 § 1; 1947 c 79 § .01.08; Rem.
Supp. 1947 § 45.01.08.]
Severability—2003 c 250: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
48.01.235
the application of the provision to other persons or circumstances is not
affected." [2003 c 250 § 15.]
48.01.235
48.01.235 Enrollment of a child under the health
plan of the child's parent—Requirements—Restrictions.
(1) An issuer and an employee welfare benefit plan, whether
insured or self funded, as defined in the employee retirement
income security act of 1974, 29 U.S.C. Sec. 1101 et seq. may
not deny enrollment of a child under the health plan of the
child's parent on the grounds that:
(a) The child was born out of wedlock;
(b) The child is not claimed as a dependent on the parent's federal tax return; or
(c) The child does not reside with the parent or in the
issuer's, or insured or self funded employee welfare benefit
plan's service area.
(2) Where a child has health coverage through an issuer,
or an insured or self funded employee welfare benefit plan of
a noncustodial parent, the issuer, or insured or self funded
employee welfare benefit plan, shall:
(a) Provide such information to the custodial parent as
may be necessary for the child to obtain benefits through that
coverage;
(b) Permit the provider or the custodial parent to submit
claims for covered services without the approval of the noncustodial parent. If the provider submits the claim, the provider will obtain the custodial parent's assignment of insurance benefits or otherwise secure the custodial parent's
approval.
For purposes of this subsection the department of social
and health services as the state medicaid agency under RCW
74.09.500 may reassign medical insurance rights to the provider for custodial parents whose children are eligible for services under RCW 74.09.500; and
(c) Make payments on claims submitted in accordance
with (b) of this subsection directly to the custodial parent, to
the provider, or to the department of social and health services as the state medicaid agency under RCW 74.09.500.
(3) Where a child does not reside in the issuer's service
area, an issuer shall cover no less than urgent and emergent
care. Where the issuer offers broader coverage, whether by
policy or reciprocal agreement, the issuer shall provide such
coverage to any child otherwise covered that does not reside
in the issuer's service area.
(4) Where a parent is required by a court order to provide
health coverage for a child, and the parent is eligible for family health coverage, the issuer, or insured or self funded
employee welfare benefit plan, shall:
(a) Permit the parent to enroll, under the family coverage, a child who is otherwise eligible for the coverage without regard to any enrollment season restrictions;
(b) Enroll the child under family coverage upon application of the child's other parent, department of social and
health services as the state medicaid agency under RCW
74.09.500, or child support enforcement program, if the parent is enrolled but fails to make application to obtain coverage for such child; and
(c) Not disenroll, or eliminate coverage of, such child
who is otherwise eligible for the coverage unless the issuer or
insured or self funded employee welfare benefit plan is provided satisfactory written evidence that:
[2003 RCW Supp—page 693]
Chapter 48.02
Title 48 RCW: Insurance
(i) The court order is no longer in effect; or
(ii) The child is or will be enrolled in comparable health
coverage through another issuer, or insured or self funded
employee welfare benefit plan, which will take effect not
later than the effective date of disenrollment.
(5) An issuer, or insured or self funded employee welfare
benefit plan, that has been assigned the rights of an individual
eligible for medical assistance under medicaid and coverage
for health benefits from the issuer, or insured or self funded
employee welfare benefit plan, may not impose requirements
on the department of social and health services that are different from requirements applicable to an agent or assignee of
any other individual so covered. [2003 c 248 § 2; 1995 c 34
§ 3.]
Chapter 48.02
Chapter 48.02 RCW
INSURANCE COMMISSIONER
Sections
48.02.190
Operating costs of office—Insurance commissioner's regulatory account—Contributions by insurance organizations,
fees.
48.02.190
48.02.190 Operating costs of office—Insurance commissioner's regulatory account—Contributions by insurance organizations, fees. (1) As used in this section:
(a) "Organization" means every insurer, as defined in
RCW 48.01.050, having a certificate of authority to do business in this state and every health care service contractor registered to do business in this state. "Class one" organizations
shall consist of all insurers as defined in RCW 48.01.050.
"Class two" organizations shall consist of all organizations
registered under provisions of chapter 48.44 RCW.
(b) "Receipts" means (i) net direct premiums consisting
of direct gross premiums, as defined in RCW 48.18.170, paid
for insurance written or renewed upon risks or property resident, situated, or to be performed in this state, less return premiums and premiums on policies not taken, dividends paid or
credited to policyholders on direct business, and premiums
received from policies or contracts issued in connection with
qualified plans as defined in RCW 48.14.021, and (ii) prepayments to health care service contractors as set forth in RCW
48.44.010(3) less experience rating credits, dividends, prepayments returned to subscribers, and payments for contracts
not taken.
(2) The annual cost of operating the office of insurance
commissioner shall be determined by legislative appropriation. A pro rata share of the cost shall be charged to all organizations. Each class of organization shall contribute sufficient in fees to the insurance commissioner's regulatory
account to pay the reasonable costs, including overhead, of
regulating that class of organization.
(3) Fees charged shall be calculated separately for each
class of organization. The fee charged each organization
shall be that portion of the cost of operating the insurance
commissioner's office, for that class of organization, for the
ensuing fiscal year that is represented by the organization's
portion of the receipts collected or received by all organizations within that class on business in this state during the previous calendar year: PROVIDED, That the fee shall not
exceed one-eighth of one percent of receipts: PROVIDED
[2003 RCW Supp—page 694]
FURTHER, That the minimum fee shall be one thousand dollars.
(4) The commissioner shall annually, on or before June
1, calculate and bill each organization for the amount of its
fee. Fees shall be due and payable no later than June 15 of
each year: PROVIDED, That if the necessary financial
records are not available or if the amount of the legislative
appropriation is not determined in time to carry out such calculations and bill such fees within the time specified, the
commissioner may use the fee factors for the prior year as the
basis for the fees and, if necessary, the commissioner may
impose supplemental fees to fully and properly charge the
organizations. The penalties for failure to pay fees when due
shall be the same as the penalties for failure to pay taxes pursuant to RCW 48.14.060. The fees required by this section
are in addition to all other taxes and fees now imposed or that
may be subsequently imposed.
(5) All moneys collected shall be deposited in the insurance commissioner's regulatory account in the state treasury
which is hereby created.
(6) Unexpended funds in the insurance commissioner's
regulatory account at the close of a fiscal year shall be carried
forward in the insurance commissioner's regulatory account
to the succeeding fiscal year and shall be used to reduce
future fees. During the 2003-2005 fiscal biennium, the legislature may transfer from the insurance commissioner's regulatory account to the state general fund such amounts as
reflect excess fund balance in the account. [2003 1st sp.s. c
25 § 923; 2002 c 371 § 913; 1987 c 505 § 54; 1986 c 296 § 7.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Severability—Effective date—1986 c 296: See notes following RCW
48.14.020.
Chapter 48.06
Chapter 48.06 RCW
ORGANIZATION OF DOMESTIC INSURERS
Sections
48.06.030
48.06.190
Solicitation permit. (Effective July 1, 2004.)
Penalty for exhibiting false accounts, etc. (Effective July 1,
2004.)
48.06.030
48.06.030 Solicitation permit. (Effective July 1,
2004.) (1) No person forming or proposing to form in this
state an insurer, or insurance holding corporation, or stock
corporation to finance an insurer or insurance production
therefor, or corporation to manage an insurer, or corporation
to be attorney in fact for a reciprocal insurer, or a syndicate
for any of such purposes, shall advertise, or solicit or receive
any funds, agreement, stock subscription, or membership on
account thereof unless he or she has applied for and has
received from the commissioner a solicitation permit.
(2) Any person violating this section is guilty of a class
B felony and shall be subject to a fine of not more than ten
thousand dollars or imprisonment for not more than ten years,
or by both fine and imprisonment. [2003 c 53 § 267; 1947 c
79 § .06.03; Rem. Supp. 1947 § 45.06.03.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Mutual Insurers
48.14.029
48.06.190
48.06.190 Penalty for exhibiting false accounts, etc.
(Effective July 1, 2004.) Every person who, with intent to
deceive, knowingly exhibits any false account, or document,
or advertisement, relative to the affairs of any insurer, or of
any corporation or syndicate of the kind enumerated in RCW
48.06.030, formed or proposed to be formed, is guilty of a
class B felony punishable according to chapter 9A.20 RCW.
[2003 c 53 § 268; 1947 c 79 § .06.19; Rem. Supp. 1947 §
45.06.19.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 48.09
Chapter 48.09 RCW
MUTUAL INSURERS
Chapter 48.14
Sections
Borrowed capital.
48.09.320
48.09.320 Borrowed capital. (1) A domestic mutual
insurer may, with the commissioner's advance approval and
without the pledge of any of its assets, borrow money to
defray the expenses of its organization or for any purpose
required by its business, upon an agreement that such money
and such fair and reasonable interest thereon as may be
agreed upon, shall be repaid only out of the insurer's earned
surplus in excess of its required minimum surplus.
(2) An insurer borrowing funds under this section must
comply with the national association of insurance
commissioner's - accounting practices and procedures manual which sets forth requirements for borrowed money to be
treated as surplus notes for financial accounting purposes.
(3) The commissioner's approval of such borrowed
funds, if granted, shall specify the amount to be borrowed,
the purpose for which the money is to be used, the terms and
form of the loan agreement, the date by which the loan must
be completed, fair and reasonable commissions or promotional expenses to be incurred or to be paid, and such other
related matters as the commissioner shall deem proper. If the
money is to be borrowed upon multiple agreements, the
agreements shall be serially numbered. No loan agreement or
series thereof shall have or be given any preferential rights
over any other such loan agreement or series. [2003 c 249 §
1; 1947 c 79 § .09.32; Rem. Supp. 1947 § 45.09.32.]
Chapter 48.13
Chapter 48.13 RCW
INVESTMENTS
Sections
48.13.180
48.13.180
Foreign securities.
48.13.180 Foreign securities. (1) An insurer authorized to transact insurance in a foreign country may invest
any of its funds, in aggregate amount not exceeding its
deposit and reserve obligations incurred in such country, in
securities of or in such country possessing characteristics and
of a quality similar to those required pursuant to this chapter
for investments in the United States.
(2) Subject to the limitations in this chapter, an insurer
may invest any of its funds, in an aggregate amount not
exceeding ten percent of its assets, in addition to any amount
permitted pursuant to subsection (1) of this section, in obliga-
Chapter 48.14 RCW
FEES AND TAXES
48.14.029
Sections
48.09.320
tions of foreign governments including provinces, counties,
municipalities, or similar entities, and in obligations and
securities of foreign corporations, which have not been in
default during the five years next preceding date of acquisition, and if the foreign jurisdiction has a sovereign debt rating
of SVO 1. However, an investment made in any one foreign
country pursuant to this subsection shall not exceed five percent of the insurer's assets. [2003 c 251 § 1; 1947 c 79 §
.13.18; Rem. Supp. 1947 § 45.13.18.]
48.14.060
48.14.095
Premium tax credit—New employment for international service activities in eligible areas—Designation of census tracts
for eligibility—Records—Tax due upon ineligibility—Interest assessment—Information from employment security
department.
Failure to pay tax—Penalty.
Unlawful or delinquent insurers or taxpayers—Computing the
tax payable—Risks, exposures, or enrolled participants only
partially in state.
48.14.029
48.14.029 Premium tax credit—New employment for
international service activities in eligible areas—Designation of census tracts for eligibility—Records—Tax due
upon ineligibility—Interest assessment—Information
from employment security department. (1) Subject to the
limits in this section, an eligible person is allowed a credit
against the tax due under RCW 48.14.020. The credit is
based on qualified employment positions in eligible areas.
The credit is available to persons who are engaged in international insurance services as defined in this section. In order
to receive the credit, the international insurance services
activities must take place at a business within the eligible
area.
(2)(a) The credit shall equal three thousand dollars for
each qualified employment position created after July 1,
1998, in an eligible area. A credit is earned for the calendar
year the person is hired to fill the position, plus the four subsequent consecutive years, if the position is maintained for
those four years.
(b) Credit may not be taken for hiring of persons into
positions that exist on July 1, 1998. Credit is authorized for
new employees hired for new positions created after July 1,
1998. New positions filled by existing employees are eligible
for the credit under this section only if the position vacated by
the existing employee is filled by a new hire.
(c) When a position is newly created, if it is filled before
July 1st, this position is eligible for the full yearly credit. If it
is filled after June 30th, this position is eligible for half of the
credit.
(d) Credit may be accrued and carried over until it is
used. No refunds may be granted for credits under this section.
(3) For the purposes of this section:
(a) "Eligible area" means: (i) A community empowerment zone under RCW 43.31C.020; or (ii) a contiguous
group of census tracts that meets the unemployment and poverty criteria of RCW 43.31C.030 and is designated under
subsection (4) of this section;
[2003 RCW Supp—page 695]
48.14.060
Title 48 RCW: Insurance
(b) "Eligible person" means a person, as defined in RCW
82.04.030, who in an eligible area at a specific location is
engaged in the business of providing international insurance
services;
(c) "International insurance services" means a business
that provides insurance services related directly to the delivery of the service outside the United States or on behalf of
persons residing outside the United States; and
(d) "Qualified employment position" means a permanent
full-time position to provide international insurance services.
If an employee is either voluntarily or involuntarily separated
from employment, the employment position is considered
filled on a full-time basis if the employer is either training or
actively recruiting a replacement employee.
(4) By ordinance, the legislative authority of a city with
population greater than eighty thousand, located in a county
containing no community empowerment zones as designated
under RCW 43.31C.020, may designate a contiguous group
of census tracts within the city as an eligible area under this
section. Each of the census tracts must meet the unemployment and poverty criteria of RCW 43.31C.030. Upon making the designation, the city shall transmit to the department
of revenue a certification letter and a map, each explicitly
describing the boundaries of the census tract. This designation must be made by December 31, 1998.
(5) No application is necessary for the tax credit. The
person must keep records necessary for the department to
verify eligibility under this section. This information
includes:
(a) Employment records for the previous six years;
(b) Information relating to description of international
insurance services activity engaged in at the eligible location
by the person; and
(c) Information relating to customers of international
insurance services activity engaged in at that location by the
person.
(6) If at any time the department finds that a person is not
eligible for tax credit under this section, the amount of taxes
for which a credit has been used shall be immediately due.
The department shall assess interest, but not penalties, on the
credited taxes for which the person is not eligible. The interest shall be assessed at the rate provided for delinquent excise
taxes under chapter 82.32 RCW, shall be assessed retroactively to the date the tax credit was taken, and shall accrue
until the taxes for which a credit has been used are repaid.
(7) The employment security department shall provide to
the department of revenue such information needed by the
department of revenue to verify eligibility under this section.
[2003 c 248 § 3; 1998 c 313 § 3.]
Intent—Findings—Effective date—1998 c 313: See notes following
RCW 82.04.44525.
Business and occupation tax credit: RCW 82.04.44525.
48.14.060
48.14.060 Failure to pay tax—Penalty. (1) Any
insurer or taxpayer, as defined in RCW 48.14.0201, failing to
file its tax statement and to pay the specified tax or prepayment of tax on premiums and prepayments for health care
services by the last day of the month in which the tax
becomes due shall be assessed a penalty of five percent of the
amount of the tax; and if the tax is not paid within forty-five
days after the due date, the insurer will be assessed a total
[2003 RCW Supp—page 696]
penalty of ten percent of the amount of the tax; and if the tax
is not paid within sixty days of the due date, the insurer will
be assessed a total penalty of twenty percent of the amount of
the tax. The tax may be collected by distraint, and the penalty
recovered by any action instituted by the commissioner in
any court of competent jurisdiction. The amount of any penalty collected must be paid to the state treasurer and credited
to the general fund.
(2) In addition to the penalties set forth in subsection (1)
of this section, interest will accrue on the amount of the
unpaid tax or prepayment at the maximum legal rate of interest permitted under RCW 19.52.020 commencing sixty-one
days after the tax is due until paid. This interest will not
accrue on taxes imposed under RCW 48.15.120.
(3) The commissioner may revoke the certificate of
authority or registration of any delinquent insurer or taxpayer, and the certificate of authority or registration will not
be reissued until all taxes, prepayments of tax, interest, and
penalties have been fully paid and the insurer or taxpayer has
otherwise qualified for the certificate of authority or registration. [2003 c 341 § 1; 1981 c 6 § 2; 1947 c 79 § .14.06; Rem.
Supp. 1947 § 45.14.06.]
48.14.095
48.14.095 Unlawful or delinquent insurers or taxpayers—Computing the tax payable—Risks, exposures, or
enrolled participants only partially in state. (1) This section applies to any insurer or taxpayer, as defined in RCW
48.14.0201, violating or failing to comply with RCW
48.05.030(1), 48.17.060 (1) or (2), 48.36A.290(1),
48.44.015(1), or 48.46.027(1).
(2) Except as provided in subsection (7) of this section,
RCW 48.14.020, 48.14.0201, and 48.14.060 apply to insurers
or taxpayers identified in subsection (1) of this section.
(3) If an insurance contract, health care services contract,
or health maintenance agreement covers risks or exposures,
or enrolled participants only partially in this state, the tax
payable is computed on the portion of the premium that is
properly allocated to a risk or exposure located in this state,
or enrolled participants residing in this state.
(4) In determining the amount of taxable premiums
under subsection (3) of this section, all premiums, other than
premiums properly allocated or apportioned and reported as
taxable premiums of another state, that are written, procured,
or received in this state, or that are for a policy or contract
negotiated in this state, are considered to be written on risks
or property resident, situated, or to be performed in this state,
or for health care services to be provided to enrolled participants residing in this state.
(5) Insurance on risks or property resident, situated, or to
be performed in this state, or health coverage for the provision of health care services for residents of this state, is considered to be insurance procured, continued, renewed, or performed in this state, regardless of the location from which the
application is made, the negotiations are conducted, or the
premiums are remitted.
(6) Premiums on risks or exposures that are properly
allocated to federal waters or international waters or under
the jurisdiction of a foreign government are not taxable by
this state.
Unauthorized Insurers
(7) This section does not apply to premiums on insurance
procured by a licensed surplus line broker under chapter
48.15 RCW. [2003 c 341 § 3.]
Chapter 48.15
Chapter 48.15 RCW
UNAUTHORIZED INSURERS
Sections
48.15.020
48.15.023
48.15.130
an opportunity for a hearing in accordance with chapters
34.05 and 48.04 RCW.
(b) Upon failure to pay a civil penalty when due, the
attorney general may bring a civil action on behalf of the
commissioner to recover the unpaid penalty. Any amounts
collected by the commissioner must be paid to the state treasurer for the account of the general fund. [2003 c 250 § 3.]
Severability—2003 c 250: See note following RCW 48.01.080.
Solicitation by unauthorized insurer prohibited—Personal liability.
Unauthorized activities—Acts committed in this state—Sanctions.
Penalty for default.
48.15.020
48.15.020 Solicitation by unauthorized insurer prohibited—Personal liability. (1) An insurer that is not authorized by the commissioner may not solicit insurance business
in this state or transact insurance business in this state, except
as provided in this chapter.
(2)(a) A person may not, in this state, represent an unauthorized insurer except as provided in this chapter. This subsection does not apply to any adjuster or attorney at law representing an unauthorized insurer from time to time in this
state in his or her professional capacity.
(b) A person, other than a duly licensed surplus line broker acting in good faith under his or her license, who makes a
contract of insurance in this state, directly or indirectly, on
behalf of an unauthorized insurer, without complying with
the provisions of this chapter, is personally liable for the performance of such contract.
(3) Each violation of subsection (2) of this section constitutes a separate offense punishable by a fine of not more
than twenty-five thousand dollars, and the commissioner, at
the commissioner's discretion, may order replacement of policies improperly placed with an unauthorized insurer with
policies issued by an authorized insurer. Violations may
result in suspension or revocation of a license. [2003 c 250 §
2; 1992 c 149 § 1; 1983 1st ex.s. c 32 § 3; 1980 c 102 § 2;
1947 c 79 § .15.02; Rem. Supp. 1947 § 45.15.02.]
Severability—2003 c 250: See note following RCW 48.01.080.
48.15.023
48.17.060
48.15.023 Unauthorized activities—Acts committed
in this state—Sanctions. (1) As used in this section, "person" has the same meaning as in RCW 48.01.070.
(2) For the purpose of this section, an act is committed in
this state if it is committed, in whole or in part, in the state of
Washington, or affects persons or property within the state
and relates to or involves an insurance contract.
(3) Any person who knowingly violates RCW
48.15.020(1) is guilty of a class B felony punishable under
chapter 9A.20 RCW.
(4) Any criminal penalty imposed under this section is in
addition to, and not in lieu of, any other civil or administrative penalty or sanction otherwise authorized under state law.
(5)(a) If the commissioner has cause to believe that any
person has violated the provisions of RCW 48.15.020(1), the
commissioner may:
(i) Issue and enforce a cease and desist order in accordance with the provisions of RCW 48.02.080; and/or
(ii) Assess a civil penalty of not more than twenty-five
thousand dollars for each violation, after providing notice and
48.15.130
48.15.130 Penalty for default. If any surplus line broker fails to file his or her annual statement, or fails to remit
the tax provided by RCW 48.15.120, by the last day of the
month in which the tax becomes due, the surplus line broker
must pay the penalties provided in RCW 48.14.060(1). The
tax may be collected by distraint, or the tax and fine may be
recovered by an action instituted by the commissioner in any
court of competent jurisdiction. Any fine collected by the
commissioner must be paid to the state treasurer and credited
to the general fund. [2003 c 341 § 2; 1983 1st ex.s. c 32 § 5;
1980 c 102 § 5; 1947 c 79 § .15.13; Rem. Supp. 1947 §
45.15.13.]
Chapter 48.17
Chapter 48.17 RCW
AGENTS, BROKERS, SOLICITORS,
AND ADJUSTERS
Sections
48.17.060
48.17.063
48.17.067
48.17.480
License required—Exceptions.
Unlicensed activities—Acts committed in this state—Sanctions.
Determining whether authorization exists—Burden on solicitor, agent, or broker.
Reporting and accounting for premiums. (Effective July 1,
2004.)
48.17.060
48.17.060 License required—Exceptions. (1) A person may not act as or hold himself or herself out to be an
agent, broker, solicitor, or adjuster in this state unless
licensed by the commissioner.
(2) An agent, solicitor, or broker may not solicit or take
applications for, procure, or place for others any kind of
insurance for which he or she is not then licensed.
(3) This section does not apply with respect to any person securing and forwarding information required for the
purposes of group credit life and credit disability insurance or
credit casualty insurance against loss or damage resulting
from failure of debtors to pay their obligations in connection
with an extension of credit and such other credit life and disability insurance or credit casualty insurance against loss or
damage resulting from failure of debtors to pay their obligations as the commissioner shall determine, and where no
commission or other compensation is payable on account of
the securing and forwarding of such information. However,
the reimbursement of a creditor's actual expenses for securing
and forwarding information required for the purposes of such
group insurance will not be considered a commission or other
compensation if such reimbursement does not exceed three
dollars per certificate issued, or in the case of a monthly premium plan extending beyond twelve months, not to exceed
three dollars per loan transaction revision per year. [2003 c
250 § 4; 1995 c 214 § 1; 1975 1st ex.s. c 266 § 7; 1955 c 303
§ 9; 1947 c 79 § .17.06; Rem. Supp. 1947 § 45.17.06.]
[2003 RCW Supp—page 697]
48.17.063
Title 48 RCW: Insurance
Severability—2003 c 250: See note following RCW 48.01.080.
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.17.063
48.17.063 Unlicensed activities—Acts committed in
this state—Sanctions. (1) As used in this section, "person"
has the same meaning as in RCW 48.01.070.
(2) For the purpose of this section, an act is committed in
this state if it is committed, in whole or in part, in the state of
Washington, or affects persons or property within the state
and relates to or involves an insurance contract, health care
services contract, or health maintenance agreement.
(3) Any person who knowingly violates RCW
48.17.060(1) is guilty of a class B felony punishable under
chapter 9A.20 RCW.
(4) Any person who knowingly violates RCW
48.17.060(2) is guilty of a class B felony punishable under
chapter 9A.20 RCW.
(5) Any criminal penalty imposed under this section is in
addition to, and not in lieu of, any other civil or administrative penalty or sanction otherwise authorized under state law.
(6)(a) If the commissioner has cause to believe that any
person has violated the provisions of RCW 48.17.060 (1) or
(2), the commissioner may:
(i) Issue and enforce a cease and desist order in accordance with the provisions of RCW 48.02.080;
(ii) Suspend or revoke a license; and/or
(iii) Assess a civil penalty of not more than twenty-five
thousand dollars for each violation, after providing notice and
an opportunity for a hearing in accordance with chapters
34.05 and 48.04 RCW.
(b) Upon failure to pay a civil penalty when due, the
attorney general may bring a civil action on behalf of the
commissioner to recover the unpaid penalty. Any amounts
collected by the commissioner must be paid to the state treasurer for the account of the general fund. [2003 c 250 § 5.]
Severability—2003 c 250: See note following RCW 48.01.080.
48.17.067
48.17.067 Determining whether authorization
exists—Burden on solicitor, agent, or broker. Any solicitor, agent, or broker soliciting, negotiating, or procuring an
application for insurance or health care services in this state
must make a good faith effort to determine whether the entity
that is issuing the coverage is:
(1) Authorized to transact insurance or health coverage
in this state; or
(2) Conducting business through a surplus lines broker
licensed under chapter 48.15 RCW. [2003 c 250 § 6.]
Severability—2003 c 250: See note following RCW 48.01.080.
48.17.480
48.17.480 Reporting and accounting for premiums.
(Effective July 1, 2004.) (1) An agent or any other representative of an insurer involved in the procuring or issuance of
an insurance contract shall report to the insurer the exact
amount of consideration charged as premium for such contract, and such amount shall likewise be shown in the contract
and in the records of the agent. Each willful violation of this
provision is a misdemeanor.
(2) All funds representing premiums or return premiums
received by an agent, solicitor or broker, shall be so received
in his or her fiduciary capacity, and shall be promptly
[2003 RCW Supp—page 698]
accounted for and paid to the insured, insurer, or agent as
entitled thereto.
(3) Any person licensed under this chapter who receives
funds which belong to or should be paid to another person as
a result of or in connection with an insurance transaction is
deemed to have received the funds in a fiduciary capacity.
The licensee shall promptly account for and pay the funds to
the person entitled to the funds.
(4) Any agent, solicitor, broker, adjuster or other person
licensed under this chapter who, not being lawfully entitled
thereto, diverts or appropriates funds received in a fiduciary
capacity or any portion thereof to his or her own use, is guilty
of theft under chapter 9A.56 RCW. [2003 c 53 § 269; 1988 c
248 § 12; 1947 c 79 § .17.48; Rem. Supp. 1947 § 45.17.48.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 48.18
Chapter 48.18 RCW
THE INSURANCE CONTRACT
Sections
48.18.103
48.18.291
48.18.543
48.18.553
48.18.103
Forms of commercial property casualty policies—Legislative
intent—Issuance prior to filing—Disapproval by commissioner—Definition.
Cancellation of private automobile insurance by insurer—
Notice—Requirements.
Single premium credit insurance—Residential mortgage
loan—Restrictions—Definitions.
Victims of malicious harassment—Restrictions of underwriting actions—Definitions.
48.18.103 Forms of commercial property casualty
policies—Legislative intent—Issuance prior to filing—
Disapproval by commissioner—Definition. (1) It is the
intent of the legislature to assist the purchasers of commercial
property casualty insurance by allowing policies to be issued
more expeditiously and provide a more competitive market
for forms.
(2) Commercial property casualty policies may be issued
prior to filing the forms. All commercial property casualty
forms shall be filed with the commissioner within thirty days
after an insurer issues any policy using them.
(3) If, within thirty days after a commercial property
casualty form has been filed, the commissioner finds that the
form does not meet the requirements of this chapter, the commissioner shall disapprove the form and give notice to the
insurer or rating organization that made the filing, specifying
how the form fails to meet the requirements and stating when,
within a reasonable period thereafter, the form shall be
deemed no longer effective. The commissioner may extend
the time for review another fifteen days by giving notice to
the insurer prior to the expiration of the original thirty-day
period.
(4) Upon a final determination of a disapproval of a policy form under subsection (3) of this section, the insurer shall
amend any previously issued disapproved form by endorsement to comply with the commissioner's disapproval.
(5) For purposes of this section, "commercial property
casualty" means insurance pertaining to a business, profession, occupation, nonprofit organization, or public entity for
the lines of property and casualty insurance defined in RCW
48.11.040, 48.11.050, 48.11.060, or 48.11.070.
The Insurance Contract
(6) Except as provided in subsection (4) of this section,
the disapproval shall not affect any contract made or issued
prior to the expiration of the period set forth in the notice of
disapproval.
(7) In the event a hearing is held on the actions of the
commissioner under subsection (3) of this section, the burden
of proof shall be on the commissioner. [2003 c 248 § 4; 1997
c 428 § 1.]
48.18.291
48.18.291 Cancellation of private automobile insurance by insurer—Notice—Requirements. (1) A contract
of insurance predicated wholly or in part upon the use of a
private passenger automobile may not be terminated by cancellation by the insurer until at least twenty days after mailing
written notice of cancellation to the named insured at the latest address filed with the insurer by or on behalf of the named
insured, accompanied by the reason therefor. If cancellation
is for nonpayment of premium, or is within the first thirty
days after the contract has been in effect, at least ten days
notice of cancellation, accompanied by the reason therefor,
shall be given. In case of a contract evidenced by a written
binder which has been delivered to the insured, if the binder
contains a clearly stated expiration date, no additional notice
of cancellation or nonrenewal is required.
(2)(a) A notice of cancellation by the insurer as to a contract of insurance to which subsection (1) of this section
applies is not valid if sent more than sixty days after the contract has been in effect unless:
(i) The named insured fails to discharge when due any of
his or her obligations in connection with the payment of premium for the policy or any installment thereof, whether payable directly to the insurer or to its agent or indirectly under
any premium finance plan or extension of credit; or
(ii) The driver's license of the named insured, or of any
other operator who customarily operates an automobile
insured under the policy, has been suspended, revoked, or
cancelled during the policy period or, if the policy is a
renewal, during its policy period or the one hundred eighty
days immediately preceding the effective date of the renewal
policy.
(b) Modification by the insurer of automobile physical
damage coverage by the inclusion of a deductible not exceeding one hundred dollars is not a cancellation of the coverage
or of the policy.
(3) The substance of subsections (1) and (2)(a) of this
section must be set forth in each contract of insurance subject
to the provisions of subsection (1) of this section, and may be
in the form of an attached endorsement.
(4) A notice of cancellation of a policy that may be canceled only pursuant to subsection (2) of this section is not
effective unless the reason therefor accompanies or is
included in the notice of cancellation. [2003 c 248 § 5; 1985
c 264 § 18; 1979 ex.s. c 199 § 6; 1969 ex.s. c 241 § 19.]
Application—1985 c 264 §§ 17-22: See note following RCW
48.18.290.
Construction—1969 ex.s. c 241: "Sections 19 through 25 of this 1969
amendatory act shall become operative September 1, 1969, and shall apply
to policies written or renewed, or which have a renewal anniversary thereafter. Sections 19 through 25 of this 1969 amendatory act shall not apply to or
affect the validity of any notice of cancellation mailed or delivered prior to
the operative date of this amendatory act. Sections 19 through 25 of this
1969 amendatory act shall not be construed to affect cancellation of a
48.18.553
renewal policy, if notice of cancellation is mailed or delivered within sixty
days after the operative date of sections 19 through 25 of this amendatory
act. Sections 19 through 25 of this 1969 amendatory act shall not be construed to require notice of intention not to renew any policy which expires
less than thirty days after the operative date of sections 19 through 25 of this
1969 amendatory act." [1969 ex.s. c 241 § 25.]
48.18.543
48.18.543 Single premium credit insurance—Residential mortgage loan—Restrictions—Definitions. (1)
For the purposes of this section:
(a) "Licensee" means every insurance agent, broker, or
solicitor licensed under chapter 48.17 RCW.
(b) "Residential mortgage loan" means any loan primarily for personal, family, or household use secured by a mortgage or deed of trust on residential real estate upon which is
constructed or intended to be constructed a single-family
dwelling or multiple family dwelling of four or less units.
(c) "Single premium credit insurance" means credit
insurance purchased with a single premium payment at
inception of coverage.
(2) An insurer or licensee may not issue or sell any single
premium credit insurance product in connection with a residential mortgage loan unless:
(a) The term of the single premium credit insurance policy is the same as the term of the loan;
(b) The debtor is given the option to buy credit insurance
paid with monthly premiums; and
(c) The single premium credit insurance policy provides
for a full refund of premiums to the debtor if the credit insurance is canceled within sixty days of the date of the loan.
(3) This section does not apply to residential mortgage
loans if:
(a) The loan amount does not exceed ten thousand dollars, exclusive of fees;
(b) The repayment term of the loan does not exceed five
years; and
(c) The term of the single premium credit insurance does
not exceed the repayment term of the loan. [2003 c 116 § 1.]
48.18.553
48.18.553 Victims of malicious harassment—Restrictions of underwriting actions—Definitions. (1) For the
purposes of this section:
(a) "Insured" means a current policyholder or a person or
entity that is covered under the insurance policy.
(b) "Malicious harassment" has the same meaning as
RCW 9A.36.080. Under this section, the perpetrator does not
have to be identified for an act of malicious harassment to
have occurred.
(c) "Underwriting action" means an insurer:
(i) Cancels or refuses to renew an insurance policy; or
(ii) Changes the terms or benefits in an insurance policy.
(2) This section applies to property insurance policies if
the insured is:
(a) An individual;
(b) A religious organization;
(c) An educational organization; or
(d) Any other nonprofit organization that is organized
and operated for religious, charitable, or educational purposes.
(3) An insurer may not take an underwriting action on a
policy described in subsection (2) of this section because an
insured has made one or more insurance claims for any loss
[2003 RCW Supp—page 699]
Chapter 48.18A
Title 48 RCW: Insurance
that occurred during the preceding sixty months that is the
result of malicious harassment. An insurer may take an
underwriting action due to other factors that are not prohibited by this subsection.
(4) If an insured sustains a loss that is the result of malicious harassment, the insured must file a report with the
police or other law enforcement authority within thirty days
of discovery of the incident, and a law enforcement authority
must determine that a crime has occurred. The report must
contain sufficient information to provide an insurer with reasonable notice that the loss was the result of malicious harassment. The insured has a duty to cooperate with any law
enforcement official or insurer investigation. For incidents of
malicious harassment occurring prior to July 27, 2003, the
insured must file the report within six months of the discovery of the incident.
(5) Annually, each insurer must report underwriting
actions to the commissioner if the insurer has taken an underwriting action against any insured who has filed a claim during the preceding sixty months that was the result of malicious harassment. The report must include the policy number, name of the insured, location of the property, and the
reason for the underwriting action. [2003 c 117 § 1.]
Chapter 48.18A
Chapter 48.18A RCW
VARIABLE CONTRACT ACT
Sections
48.18A.050 Applicability of other code provisions—Contract requirements.
48.18A.050
48.18A.050 Applicability of other code provisions—
Contract requirements. The provisions of RCW 48.23.020,
48.23.030, 48.23.080 through 48.23.120, 48.23.140,
48.23.150, 48.23.200 through 48.23.240, 48.23.310, and
48.23.360, and the provisions of chapters 48.24 and 48.76
RCW are inapplicable to variable contracts. Any provision in
the code requiring contracts to be participating is not applicable to variable contracts. Except as otherwise provided in
this chapter, all pertinent provisions of the insurance code
apply to separate accounts and contracts relating thereto.
Any individual variable life insurance or individual variable
annuity contract delivered or issued for delivery in this state
must contain grace, reinstatement, and nonforfeiture provisions appropriate to those contracts, and any variable life
insurance contract must provide that the investment experience of the separate account may not operate to reduce the
death benefit below an amount equal to the face amount of
the contract at the time the contract was issued. Any individual variable life insurance contract may contain a provision
for deduction from the death proceeds of amounts of due and
unpaid premiums or of indebtedness which are appropriate to
that contract. The reserve liability for variable annuities must
be established in accordance with actuarial procedures that
recognize the variable nature of the benefits provided and any
mortality guarantees. [2003 c 248 § 6; 1983 c 3 § 150; 1979
c 157 § 2; 1973 1st ex.s. c 163 § 6; 1969 c 104 § 5.]
Chapter 48.19
Chapter 48.19 RCW
RATES
Sections
[2003 RCW Supp—page 700]
48.19.043
Forms of commercial property casualty policies—Legislative
intent—Issuance prior to filing—Disapproval by commissioner—Definition.
48.19.043
48.19.043 Forms of commercial property casualty
policies—Legislative intent—Issuance prior to filing—
Disapproval by commissioner—Definition. (1) It is the
intent of the legislature to assist the purchasers of commercial
property casualty insurance by allowing policies to be issued
more expeditiously and provide a more competitive market
for rates.
(2) Notwithstanding the provisions of RCW
48.19.040(1), commercial property casualty policies may be
issued prior to filing the rates. All commercial property casualty rates shall be filed with the commissioner within thirty
days after an insurer issues any policy using them.
(3) If, within thirty days after a commercial property
casualty rate has been filed, the commissioner finds that the
rate does not meet the requirements of this chapter, the commissioner shall disapprove the filing and give notice to the
insurer or rating organization that made the filing, specifying
how the filing fails to meet the requirements and stating
when, within a reasonable period thereafter, the filing shall
be deemed no longer effective. The commissioner may
extend the time for review another fifteen days by giving
notice to the insurer prior to the expiration of the original
thirty-day period.
(4) Upon a final determination of a disapproval of a rate
filing under subsection (3) of this section, the insurer shall
issue an endorsement changing the rate to comply with the
commissioner's disapproval from the date the rate is no
longer effective.
(5) For purposes of this section, "commercial property
casualty" means insurance pertaining to a business, profession, occupation, nonprofit organization, or public entity for
the lines of property and casualty insurance defined in RCW
48.11.040, 48.11.050, 48.11.060, or 48.11.070.
(6) Except as provided in subsection (4) of this section,
the disapproval shall not affect any contract made or issued
prior to the expiration of the period set forth in the notice of
disapproval.
(7) In the event a hearing is held on the actions of the
commissioner under subsection (3) of this section, the burden
of proof is on the commissioner. [2003 c 248 § 7; 1997 c 428
§ 2.]
Chapter 48.20
Chapter 48.20 RCW
DISABILITY INSURANCE
Sections
48.20.025
48.20.025
Schedule of rates for individual health benefit plans—Loss
ratio—Remittance of premiums—Definitions.
48.20.025 Schedule of rates for individual health benefit plans—Loss ratio—Remittance of premiums—Definitions. (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Claims" means the cost to the insurer of health care
services, as defined in RCW 48.43.005, provided to a policyholder or paid to or on behalf of the policyholder in accordance with the terms of a health benefit plan, as defined in
RCW 48.43.005. This includes capitation payments or other
Group and Blanket Disability Insurance
similar payments made to providers for the purpose of paying
for health care services for a policyholder.
(b) "Claims reserves" means: (i) The liability for claims
which have been reported but not paid; (ii) the liability for
claims which have not been reported but which may reasonably be expected; (iii) active life reserves; and (iv) additional
claims reserves whether for a specific liability purpose or not.
(c) "Earned premiums" means premiums, as defined in
RCW 48.43.005, plus any rate credits or recoupments less
any refunds, for the applicable period, whether received
before, during, or after the applicable period.
(d) "Incurred claims expense" means claims paid during
the applicable period plus any increase, or less any decrease,
in the claims reserves.
(e) "Loss ratio" means incurred claims expense as a percentage of earned premiums.
(f) "Reserves" means: (i) Active life reserves; and (ii)
additional reserves whether for a specific liability purpose or
not.
(2) An insurer shall file, for informational purposes only,
a notice of its schedule of rates for its individual health benefit plans with the commissioner prior to use.
(3) An insurer shall file with the notice required under
subsection (2) of this section supporting documentation of its
method of determining the rates charged. The commissioner
may request only the following supporting documentation:
(a) A description of the insurer's rate-making methodology;
(b) An actuarially determined estimate of incurred
claims which includes the experience data, assumptions, and
justifications of the insurer's projection;
(c) The percentage of premium attributable in aggregate
for nonclaims expenses used to determine the adjusted community rates charged; and
(d) A certification by a member of the American academy of actuaries, or other person approved by the commissioner, that the adjusted community rate charged can be reasonably expected to result in a loss ratio that meets or exceeds
the loss ratio standard established in subsection (7) of this
section.
(4) The commissioner may not disapprove or otherwise
impede the implementation of the filed rates.
(5) By the last day of May each year any insurer issuing
or renewing individual health benefit plans in this state during the preceding calendar year shall file for review by the
commissioner supporting documentation of its actual loss
ratio for its individual health benefit plans offered or renewed
in the state in aggregate for the preceding calendar year. The
filing shall include aggregate earned premiums, aggregate
incurred claims, and a certification by a member of the American academy of actuaries, or other person approved by the
commissioner, that the actual loss ratio has been calculated in
accordance with accepted actuarial principles.
(a) At the expiration of a thirty-day period beginning
with the date the filing is received by the commissioner, the
filing shall be deemed approved unless prior thereto the commissioner contests the calculation of the actual loss ratio.
(b) If the commissioner contests the calculation of the
actual loss ratio, the commissioner shall state in writing the
grounds for contesting the calculation to the insurer.
Chapter 48.22
(c) Any dispute regarding the calculation of the actual
loss ratio shall, upon written demand of either the commissioner or the insurer, be submitted to hearing under chapters
48.04 and 34.05 RCW.
(6) If the actual loss ratio for the preceding calendar year
is less than the loss ratio established in subsection (7) of this
section, a remittance is due and the following shall apply:
(a) The insurer shall calculate a percentage of premium
to be remitted to the Washington state health insurance pool
by subtracting the actual loss ratio for the preceding year
from the loss ratio established in subsection (7) of this section.
(b) The remittance to the Washington state health insurance pool is the percentage calculated in (a) of this subsection, multiplied by the premium earned from each enrollee in
the previous calendar year. Interest shall be added to the
remittance due at a five percent annual rate calculated from
the end of the calendar year for which the remittance is due to
the date the remittance is made.
(c) All remittances shall be aggregated and such amounts
shall be remitted to the Washington state high risk pool to be
used as directed by the pool board of directors.
(d) Any remittance required to be issued under this section shall be issued within thirty days after the actual loss
ratio is deemed approved under subsection (5)(a) of this section or the determination by an administrative law judge
under subsection (5)(c) of this section.
(7) The loss ratio applicable to this section shall be seventy-four percent minus the premium tax rate applicable to
the insurer's individual health benefit plans under RCW
48.14.020. [2003 c 248 § 8; 2001 c 196 § 1; 2000 c 79 § 3.]
Effective date—2001 c 196: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 7, 2001]." [2001 c 196 § 14.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Chapter 48.21 RCW
GROUP AND BLANKET DISABILITY INSURANCE
Chapter 48.21
Sections
48.21.180
Chemical dependency benefits—Contracts issued or renewed
after January 1, 1988.
48.21.180
48.21.180 Chemical dependency benefits—Contracts
issued or renewed after January 1, 1988. Each group disability insurance contract which is delivered or issued for
delivery or renewed, on or after January 1, 1988, and which
insures for hospital or medical care must contain provisions
providing benefits for the treatment of chemical dependency
rendered to the insured by a provider which is an "approved
treatment program" under RCW 70.96A.020(3). [2003 c 248
§ 9; 1990 1st ex.s. c 3 § 7; 1987 c 458 § 14; 1974 ex.s. c 119
§ 3.]
Effective date—Severability—1987 c 458: See notes following RCW
48.21.160.
Chapter 48.22
Chapter 48.22 RCW
CASUALTY INSURANCE
Sections
[2003 RCW Supp—page 701]
48.22.005
48.22.005
48.22.085
48.22.090
48.22.095
48.22.100
48.22.110
Title 48 RCW: Insurance
Definitions.
Automobile liability insurance policy—Optional coverage for
personal injury protection—Rejection by insured.
Personal injury protection coverage—Exceptions.
Automobile insurance policies—Minimum personal injury
protection coverage.
Automobile insurance policies—Personal injury protection
coverage—Request by named insured—Benefit limits.
Vendor single-interest or collateral protection coverage—Definitions.
48.22.005
48.22.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Automobile" means a passenger car as defined in
RCW 46.04.382 registered or principally garaged in this state
other than:
(a) A farm-type tractor or other self-propelled equipment
designed for use principally off public roads;
(b) A vehicle operated on rails or crawler-treads;
(c) A vehicle located for use as a residence;
(d) A motor home as defined in RCW 46.04.305; or
(e) A moped as defined in RCW 46.04.304.
(2) "Bodily injury" means bodily injury, sickness, or disease, including death at any time resulting from the injury,
sickness, or disease.
(3) "Income continuation benefits" means payments for
the insured's loss of income from work, because of bodily
injury sustained by the insured in an automobile accident,
less income earned during the benefit payment period. The
combined weekly payment an insured may receive under personal injury protection coverage, worker's compensation, disability insurance, or other income continuation benefits may
not exceed eighty-five percent of the insured's weekly
income from work. The benefit payment period begins fourteen days after the date of the automobile accident and ends
at the earliest of the following:
(a) The date on which the insured is reasonably able to
perform the duties of his or her usual occupation;
(b) Fifty-four weeks from the date of the automobile
accident; or
(c) The date of the insured's death.
(4) "Insured automobile" means an automobile described
on the declarations page of the policy.
(5) "Insured" means:
(a) The named insured or a person who is a resident of
the named insured's household and is either related to the
named insured by blood, marriage, or adoption, or is the
named insured's ward, foster child, or stepchild; or
(b) A person who sustains bodily injury caused by accident while: (i) Occupying or using the insured automobile
with the permission of the named insured; or (ii) a pedestrian
accidentally struck by the insured automobile.
(6) "Loss of services benefits" means reimbursement for
payment to others, not members of the insured's household,
for expenses reasonably incurred for services in lieu of those
the insured would usually have performed for his or her
household without compensation, provided the services are
actually rendered. The maximum benefit is forty dollars per
day. Reimbursement for loss of services ends the earliest of
the following:
(a) The date on which the insured person is reasonably
able to perform those services;
[2003 RCW Supp—page 702]
(b) Fifty-two weeks from the date of the automobile
accident; or
(c) The date of the insured's death.
(7) "Medical and hospital benefits" means payments for
all reasonable and necessary expenses incurred by or on
behalf of the insured for injuries sustained as a result of an
automobile accident for health care services provided by persons licensed under Title 18 RCW, including pharmaceuticals, prosthetic devices and eye glasses, and necessary ambulance, hospital, and professional nursing service. Medical
and hospital benefits are payable for expenses incurred
within three years from the date of the automobile accident.
(8) "Automobile liability insurance policy" means a policy insuring against loss resulting from liability imposed by
law for bodily injury, death, or property damage suffered by
any person and arising out of the ownership, maintenance, or
use of an insured automobile. An automobile liability policy
does not include:
(a) Vendors single interest or collateral protection coverage;
(b) General liability insurance; or
(c) Excess liability insurance, commonly known as an
umbrella policy, where coverage applies only as excess to an
underlying automobile policy.
(9) "Named insured" means the individual named in the
declarations of the policy and includes his or her spouse if a
resident of the same household.
(10) "Occupying" means in or upon or entering into or
alighting from.
(11) "Pedestrian" means a natural person not occupying
a motor vehicle as defined in RCW 46.04.320.
(12) "Personal injury protection" means the benefits
described in this section and RCW 48.22.085 through
48.22.100. Payments made under personal injury protection
coverage are limited to the actual amount of loss or expense
incurred. [2003 c 115 § 1; 1993 c 242 § 1.]
Severability—1993 c 242: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1993 c 242 § 7.]
Effective date—1993 c 242: "Sections 1 through 5 of this act shall take
effect July 1, 1994." [1993 c 242 § 8.]
48.22.085
48.22.085 Automobile liability insurance policy—
Optional coverage for personal injury protection—Rejection by insured. (1) No new automobile liability insurance
policy or renewal of such an existing policy may be issued
unless personal injury protection coverage is offered as an
optional coverage.
(2) A named insured may reject, in writing, personal
injury protection coverage and the requirements of subsection (1) of this section shall not apply. If a named insured
rejects personal injury protection coverage:
(a) That rejection is valid and binding as to all levels of
coverage and on all persons who might have otherwise been
insured under such coverage; and
(b) The insurer is not required to include personal injury
protection coverage in any supplemental, renewal, or replacement policy unless a named insured subsequently requests
such coverage in writing. [2003 c 115 § 2; 1993 c 242 § 2.]
Title Insurers
Severability—Effective date—1993 c 242: See notes following RCW
48.22.005.
48.22.090
48.22.090 Personal injury protection coverage—
Exceptions. An insurer is not required to provide personal
injury protection coverage to or on behalf of:
(1) A person who intentionally causes injury to himself
or herself;
(2) A person who is injured while participating in a prearranged or organized racing or speed contest or in practice or
preparation for such a contest;
(3) A person whose bodily injury is due to war, whether
or not declared, or to an act or condition incident to such circumstances;
(4) A person whose bodily injury results from the radioactive, toxic, explosive, or other hazardous properties of
nuclear material;
(5) The named insured or a relative while occupying a
motor vehicle owned by the named insured or furnished for
the named insured's regular use, if such motor vehicle is not
described on the declaration page of the policy under which a
claim is made;
(6) A relative while occupying a motor vehicle owned by
the relative or furnished for the relative's regular use, if such
motor vehicle is not described on the declaration page of the
policy under which a claim is made; or
(7) An insured whose bodily injury results or arises from
the insured's use of an automobile in the commission of a felony. [2003 c 115 § 3; 1993 c 242 § 3.]
Severability—Effective date—1993 c 242: See notes following RCW
48.22.005.
48.22.095
48.22.095 Automobile insurance policies—Minimum
personal injury protection coverage. Insurers providing
automobile insurance policies must offer minimum personal
injury protection coverage for each insured with benefit limits as follows:
(1) Medical and hospital benefits of ten thousand dollars;
(2) A funeral expense benefit of two thousand dollars;
(3) Income continuation benefits of ten thousand dollars,
subject to a limit of two hundred dollars per week; and
(4) Loss of services benefits of five thousand dollars,
subject to a limit of two hundred dollars per week. [2003 c
115 § 4; 1993 c 242 § 4.]
Severability—Effective date—1993 c 242: See notes following RCW
48.22.005.
48.22.100
48.22.100 Automobile insurance policies—Personal
injury p rotection co verage— Request by named
insured—Benefit limits. If requested by a named insured,
an insurer providing automobile liability insurance policies
must offer personal injury protection coverage for each
insured with benefit limits as follows:
(1) Medical and hospital benefits of thirty-five thousand
dollars;
(2) A funeral expense benefit of two thousand dollars;
(3) Income continuation benefits of thirty-five thousand
dollars, subject to a limit of seven hundred dollars per week;
and
(4) Loss of services benefits of fourteen thousand six
hundred dollars. [2003 c 115 § 5; 1993 c 242 § 5.]
48.29.155
Severability—Effective date—1993 c 242: See notes following RCW
48.22.005.
48.22.110
48.22.110 Vendor single-interest or collateral protection coverage—Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this section and RCW 48.22.115 through
48.22.135.
(1) "Borrower" means a person who receives a loan or
enters into a retail installment contract under chapter 63.14
RCW to purchase a motor vehicle or vessel in which the
secured party holds an interest.
(2) "Motor vehicle" means a motor vehicle in this state
subject to registration under chapter 46.16 RCW, except
motor vehicles governed by RCW 46.16.020 or registered
with the Washington utilities and transportation commission
as common or contract carriers.
(3) "Secured party" means a person, corporation, association, partnership, or venture that possesses a bona fide security interest in a motor vehicle or vessel.
(4) "Vendor single-interest" or "collateral protection
coverage" means insurance coverage insuring primarily or
solely the interest of a secured party but which may include
the interest of the borrower in a motor vehicle or vessel serving as collateral and obtained by the secured party or its agent
after the borrower has failed to obtain or maintain insurance
coverage required by the financing agreement for the motor
vehicle or vessel. Vendor single-interest or collateral protection coverage does not include insurance coverage purchased
by a secured party for which the borrower is not charged.
(5) "Vessel" means a vessel as defined in RCW
88.02.010 and includes personal watercraft as defined in
RCW 79A.60.010. [2003 c 248 § 10; 1994 c 186 § 1.]
Effective date—1994 c 186 §§ 1-5: "Sections 1 through 5 of this act
take effect January 1, 1995." [1994 c 186 § 8.]
Chapter 48.29
Chapter 48.29 RCW
TITLE INSURERS
Sections
48.29.155
Agent license—Financial responsibility—Definitions.
48.29.155
48.29.155 Agent license—Financial responsibility—
Definitions. (1) At the time of filing an application for a title
insurance agent license, or any renewal or reinstatement of a
title insurance agent license, the applicant shall provide satisfactory evidence to the commissioner of having obtained the
following as evidence of financial responsibility:
(a) A fidelity bond or fidelity insurance providing coverage in the aggregate amount of two hundred thousand dollars
with a deductible no greater than ten thousand dollars covering the applicant and each corporate officer, partner, escrow
officer, and employee of the applicant conducting the business of an escrow agent as defined in RCW 18.44.011 and
exempt from licensing under RCW 18.44.021(6); and
(b) A surety bond in the amount of ten thousand dollars
executed by the applicant as obligor and by a surety company
authorized to do a surety business in this state as surety, or
some other security approved by the commissioner, unless
the fidelity bond or fidelity insurance obtained by the licensee to satisfy the requirement in (a) of this subsection does
[2003 RCW Supp—page 703]
Chapter 48.30
Title 48 RCW: Insurance
not have a deductible. The bond shall run to the state of
Washington as obligee, and shall run to the benefit of the
state and any person or persons who suffer loss by reason of
the applicant's or its employee's violation of this chapter. The
bond shall be conditioned that the obligor as licensee will
faithfully conform to and abide by this chapter and all rules
adopted under this chapter, and shall reimburse all persons
who suffer loss by reason of a violation of this chapter or
rules adopted under this chapter. The bond shall be continuous and may be canceled by the surety upon the surety giving
written notice to the commissioner of its intent to cancel the
bond. The cancellation shall be effective thirty days after the
notice is received by the commissioner. Whether or not the
bond is renewed, continued, reinstated, reissued, or otherwise
extended, replaced, or modified, including increases or
decreases in the penal sum, it shall be considered one continuous obligation, and the surety upon the bond shall not be liable in an aggregate amount exceeding the penal sum set forth
on the face of the bond. In no event shall the penal sum, or
any portion thereof, at two or more points in time be added
together in determining the surety's liability. The bond is not
liable for any penalties imposed on the licensee, including but
not limited to any increased damages or attorneys' fees, or
both, awarded under RCW 19.86.090.
(2) For the purposes of this section, a "fidelity bond"
means a primary commercial blanket bond or its equivalent
satisfactory to the commissioner and written by an insurer
authorized to transact this line of business in the state of
Washington. The bond shall provide fidelity coverage for
any fraudulent or dishonest acts committed by any one or
more of the employees, officers, or owners as defined in the
bond, acting alone or in collusion with others. The bond shall
be for the sole benefit of the title insurance agent and under
no circumstances whatsoever shall the bonding company be
liable under the bond to any other party. The bond shall name
the title insurance agent as obligee and shall protect the obligee against the loss of money or other real or personal property belonging to the obligee, or in which the obligee has a
pecuniary interest, or for which the obligee is legally liable or
held by the obligee in any capacity, whether the obligee is
legally liable therefor or not. The bond may be canceled by
the insurer upon delivery of thirty days' written notice to the
commissioner and to the title insurance agent.
(3) For the purposes of this section, "fidelity insurance"
means employee dishonesty insurance or its equivalent satisfactory to the commissioner and written by an insurer authorized to transact this line of business in the state of Washington. The insurance shall provide coverage for any fraudulent
or dishonest acts committed by any one or more of the
employees, officers, or owners as defined in the policy of
insurance, acting alone or in collusion with others. The insurance shall be for the sole benefit of the title insurance agent
and under no circumstances whatsoever shall the insurance
company be liable under the insurance to any other party.
The insurance shall name the title insurance agent as the
named insured and shall protect the named insured against
the loss of money or other real or personal property belonging
to the named insured, or in which the named insured has a
pecuniary interest, or for which the named insured is legally
liable or held by the named insured in any capacity, whether
the named insured is legally liable therefor or not. The insur[2003 RCW Supp—page 704]
ance coverage may be canceled by the insurer upon delivery
of thirty days' written notice to the commissioner and to the
title insurance agent.
(4) The fidelity bond or fidelity insurance, and the surety
bond or other form of security approved by the commissioner, shall be kept in full force and effect as a condition precedent to the title insurance agent's authority to transact business in this state, and the title insurance agent shall supply the
commissioner with satisfactory evidence thereof upon
request. [2003 c 202 § 1.]
Chapter 48.30
Chapter 48.30 RCW
UNFAIR PRACTICES AND FRAUDS
Sections
48.30.230
48.30.270
48.30.270
False claims or proof—Penalty. (Effective July 1, 2004.)
Public building or construction contracts—Surety bonds or
insurance—Violations concerning—Exemption. (Expires
December 31, 2006.)
Public building or construction contracts—Surety bonds or
insurance—Violations concerning—Exemption. (Effective
December 31, 2006.)
48.30.230
48.30.230 False claims or proof—Penalty. (Effective
July 1, 2004.) (1) It is unlawful for any person, knowing it to
be such, to:
(a) Present, or cause to be presented, a false or fraudulent
claim, or any proof in support of such a claim, for the payment of a loss under a contract of insurance; or
(b) Prepare, make, or subscribe any false or fraudulent
account, certificate, affidavit, or proof of loss, or other document or writing, with intent that it be presented or used in
support of such a claim.
(2)(a) Except as provided in (b) of this subsection, a violation of this section is a gross misdemeanor.
(b) If the claim is in excess of one thousand five hundred
dollars, the violation is a class C felony punishable according
to chapter 9A.20 RCW. [2003 c 53 § 270; 1990 1st ex.s. c 3
§ 11; 1947 c 79 § .30.23; Rem. Supp. 1947 § 45.30.23.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
48.30.270
48.30.270 Public building or construction contracts—Surety bonds or insurance—Violations concerning—Exemption. (Expires December 31, 2006.) (1) No
officer or employee of this state, or of any public agency,
public authority or public corporation except a public corporation or public authority created pursuant to agreement or
compact with another state, and no person acting or purporting to act on behalf of such officer or employee, or public
agency or public authority or public corporation, shall, with
respect to any public building or construction contract which
is about to be, or which has been competitively bid, require
the bidder to make application to, or to furnish financial data
to, or to obtain or procure, any of the surety bonds or contracts of insurance specified in connection with such contract,
or specified by any law, general, special or local, from a particular insurer or agent or broker.
(2) No such officer or employee or any person, acting or
purporting to act on behalf of such officer or employee shall
negotiate, make application for, obtain or procure any of such
surety bonds or contracts of insurance, except contracts of
insurance for builder's risk or owner's protective liability,
Insurance Fraud
which can be obtained or procured by the bidder, contractor
or subcontractor.
(3) This section shall not be construed to prevent the
exercise by such officer or employee on behalf of the state or
such public agency, public authority, or public corporation of
its right to approve the form, sufficiency or manner or execution of the surety bonds or contracts of insurance furnished by
the insurer selected by the bidder to underwrite such bonds,
or contracts of insurance.
(4) Any provisions in any invitation for bids, or in any of
the contract documents, in conflict with this section are
declared to be contrary to the public policy of this state.
(5) A violation of this section shall be subject to the penalties provided by RCW 48.01.080.
(6) This section shall not apply to:
(a) The public nonprofit corporation authorized under
RCW 67.40.020;
(b) Projects in excess of one hundred million dollars for
port districts formed under chapter 53.04 RCW;
(c) A regional transit authority authorized under RCW
81.112.030; or
(d) Projects in excess of one hundred million dollars for
counties with a population over one million, for projects
administered for public hospitals. [2003 c 323 § 1. Prior:
2000 2nd sp.s. c 4 § 33; 2000 c 143 § 2; 1983 2nd ex.s. c 1 §
6; 1967 ex.s. c 12 § 3.]
Expiration date—2003 c 323 § 1: "Section 1 of this act expires
December 31, 2006." [2003 c 323 § 3.]
Expiration date—2000 c 143: See note following RCW 53.08.145.
State convention and trade center—Corporation exempt: RCW 67.40.020.
48.30.270
48.30.270 Public building or construction contracts—Surety bonds or insurance—Violations concerning—Exemption. (Effective December 31, 2006.) (1) No
officer or employee of this state, or of any public agency,
public authority or public corporation except a public corporation or public authority created pursuant to agreement or
compact with another state, and no person acting or purporting to act on behalf of such officer or employee, or public
agency or public authority or public corporation, shall, with
respect to any public building or construction contract which
is about to be, or which has been competitively bid, require
the bidder to make application to, or to furnish financial data
to, or to obtain or procure, any of the surety bonds or contracts of insurance specified in connection with such contract,
or specified by any law, general, special or local, from a particular insurer or agent or broker.
(2) No such officer or employee or any person, acting or
purporting to act on behalf of such officer or employee shall
negotiate, make application for, obtain or procure any of such
surety bonds or contracts of insurance, except contracts of
insurance for builder's risk or owner's protective liability,
which can be obtained or procured by the bidder, contractor
or subcontractor.
(3) This section shall not be construed to prevent the
exercise by such officer or employee on behalf of the state or
such public agency, public authority, or public corporation of
its right to approve the form, sufficiency or manner or execution of the surety bonds or contracts of insurance furnished by
the insurer selected by the bidder to underwrite such bonds,
or contracts of insurance.
Chapter 48.31
(4) Any provisions in any invitation for bids, or in any of
the contract documents, in conflict with this section are
declared to be contrary to the public policy of this state.
(5) A violation of this section shall be subject to the penalties provided by RCW 48.01.080.
(6) This section shall not apply to:
(a) The public nonprofit corporation authorized under
RCW 67.40.020;
(b) A regional transit authority authorized under RCW
81.112.030; or
(c) Projects in excess of one hundred million dollars for
counties with a population over one million, for projects
administered for public hospitals. [2003 c 323 § 2; 2000 2nd
sp.s. c 4 § 33; 1983 2nd ex.s. c 1 § 6; 1967 ex.s. c 12 § 3.]
Effective date—2003 c 323 § 2: "Section 2 of this act takes effect
December 31, 2006." [2003 c 323 § 4.]
State convention and trade center—Corporation exempt: RCW 67.40.020.
Chapter 48.30A
Chapter 48.30A RCW
INSURANCE FRAUD
Sections
48.30A.015 Unlawful acts—Penalties. (Effective July 1, 2004.)
48.30A.025 Repealed. (Effective July 1, 2004.)
48.30A.015
48.30A.015 Unlawful acts—Penalties. (Effective July
1, 2004.) (1) It is unlawful for a person:
(a) Knowing that the payment is for the referral of a
claimant to a service provider, either to accept payment from
a service provider or, being a service provider, to pay
another; or
(b) To provide or claim or represent to have provided
services to a claimant, knowing the claimant was referred in
violation of (a) of this subsection.
(2) It is unlawful for a service provider to engage in a
regular practice of waiving, rebating, giving, paying, or offering to waive, rebate, give, or pay all or any part of a claimant's casualty or property insurance deductible.
(3) A violation of this section constitutes trafficking in
insurance claims.
(4)(a) Trafficking in insurance claims is a gross misdemeanor for a single violation.
(b) Each subsequent violation, whether alleged in the
same or in subsequent prosecutions, is a class C felony.
[2003 c 53 § 271; 1995 c 285 § 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
48.30A.025
48.30A.025 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 48.31 RCW
MERGERS, REHABILITATION, LIQUIDATION
Chapter 48.31
Sections
48.31.105
48.31.111
48.31.184
Conduct of proceedings—Requirement to cooperate—Definitions—Violations—Penalties. (Effective July 1, 2004.)
Commencement of delinquency proceeding by commissioner—Jurisdiction of courts.
Ancillary receiver in another state or foreign country—Failure
to transfer assets.
[2003 RCW Supp—page 705]
48.31.105
48.31.185
Title 48 RCW: Insurance
Receiver's proposal to disperse assets upon liquidation—
Application for approval—Contents of proposal—Notice of
application.
48.31.105
48.31.105 Conduct of proceedings—Requirement to
cooperate—Definitions—Violations—Penalties. (Effective July 1, 2004.) (1) An officer, manager, director, trustee,
owner, employee, or agent of an insurer or other person with
authority over or in charge of a segment of the insurer's
affairs shall cooperate with the commissioner in a proceeding
under this chapter or an investigation preliminary to the proceeding. The term "person" as used in this section includes a
person who exercises control directly or indirectly over activities of the insurer through a holding company or other affiliate of the insurer. "To cooperate" as used in this section
includes the following:
(a) To reply promptly in writing to an inquiry from the
commissioner requesting such a reply; and
(b) To make available to the commissioner books,
accounts, documents, or other records or information or property of or pertaining to the insurer and in his or her possession, custody, or control.
(2) A person may not obstruct or interfere with the commissioner in the conduct of a delinquency proceeding or an
investigation preliminary or incidental thereto.
(3) This section does not abridge existing legal rights,
including the right to resist a petition for liquidation or other
delinquency proceedings, or other orders.
(4) A person included within subsection (1) of this section who fails to cooperate with the commissioner, or a person who obstructs or interferes with the commissioner in the
conduct of a delinquency proceeding or an investigation preliminary or incidental thereto, or who violates an order the
commissioner issued validly under this chapter may:
(a) Be guilty of a gross misdemeanor and sentenced to
pay a fine not exceeding ten thousand dollars or to undergo
imprisonment for a term of not more than one year, or both;
or
(b) After a hearing, be subject to the imposition by the
commissioner of a civil penalty not to exceed ten thousand
dollars and be subject further to the revocation or suspension
of insurance licenses issued by the commissioner. [2003 c 53
§ 272; 1993 c 462 § 58.]
of the subject matter has jurisdiction over a person served
under the rules of civil procedure or other applicable provisions of law in an action brought by the receiver of a domestic
insurer or an alien insurer domiciled in this state:
(a) If the person served is an agent, broker, or other person who has written policies of insurance for or has acted in
any manner on behalf of an insurer against which a delinquency proceeding has been instituted, in an action resulting
from or incident to such a relationship with the insurer;
(b) If the person served is a reinsurer who has entered
into a contract of reinsurance with an insurer against which a
delinquency proceeding has been instituted, or is an agent or
broker of or for the reinsurer, in an action on or incident to the
reinsurance contract;
(c) If the person served is or has been an officer, director,
manager, trustee, organizer, promoter, or other person in a
position of comparable authority or influence over an insurer
against which a delinquency proceeding has been instituted,
in an action resulting from or incident to such a relationship
with the insurer;
(d) If the person served is or was at the time of the institution of the delinquency proceeding against the insurer holding assets in which the receiver claims an interest on behalf of
the insurer, in an action concerning the assets; or
(e) If the person served is obligated to the insurer in any
way, in an action on or incident to the obligation.
(4) If the court on motion of a party finds that an action
should as a matter of substantial justice be tried in a forum
outside this state, the court may enter an appropriate order to
stay further proceedings on the action in this state. [2003 c
248 § 11; 1993 c 462 § 59.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.184
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
48.31.184 Ancillary receiver in another state or foreign country—Failure to transfer assets. If an ancillary
receiver in another state or foreign country, whether called by
that name or not, fails to transfer to the domiciliary liquidator
in this state assets within his or her control other than special
deposits, diminished only by the expenses of the ancillary
receivership, if any, then the claims filed in the ancillary
receivership, other than special deposit claims or secured
claims, shall be placed in the class of claims under RCW
48.31.280(8). [2003 c 248 § 12; 1993 c 462 § 74.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.111
48.31.111 Commencement of delinquency proceeding by commissioner—Jurisdiction of courts. (1) A delinquency proceeding may not be commenced under this chapter by anyone other than the commissioner of this state, and
no court has jurisdiction to entertain a proceeding commenced by another person.
(2) No court of this state has jurisdiction to entertain a
complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conservation, or receivership of an
insurer, or praying for an injunction or restraining order or
other relief preliminary to, incidental to, or relating to the
proceedings, other than in accordance with this chapter.
(3) In addition to other grounds for jurisdiction provided
by the law of this state, a court of this state having jurisdiction
[2003 RCW Supp—page 706]
48.31.185
48.31.185 Receiver's proposal to disperse assets upon
liquidation—Application for approval—Contents of proposal—Notice of application. (1) Within one hundred
twenty days of a final determination of insolvency of an
insurer and order of liquidation by a court of competent jurisdiction of this state, the receiver shall make application to the
court for approval of a proposal to disperse assets out of that
insurer's marshalled assets from time to time as assets
become available to the Washington insurance guaranty association and the Washington life and disability insurance guaranty association and to any entity or person performing a similar function in another state. For purposes of this section,
"associations" means the Washington insurance guaranty
association and the Washington life and disability insurance
Insurance Reform
guaranty association and any entity or person performing a
similar function in other states.
(2) Such a proposal must at least include provisions for:
(a) Reserving amounts for the payment of claims falling
within the priorities established in RCW 48.31.280;
(b) Disbursement of the assets marshalled to date and
subsequent disbursements of assets as they become available;
(c) Equitable allocation of disbursements to each of the
associations entitled thereto;
(d) The securing by the receiver from each of the associations entitled to disbursements pursuant to this section an
agreement to return to the receiver assets previously disbursed that are required to pay claims of secured creditors
and claims falling within the priorities established in RCW
48.31.280. A bond is not required of any association; and
(e) A full report by the association to the receiver
accounting for all assets so disbursed to the association, all
disbursements made therefrom, any interest earned by the
association on those assets, and any other matters as the court
may direct.
(3) The receiver's proposal must provide for disbursements to the associations in amounts estimated at least equal
to the claim payments made or to be made thereby for which
such associations could assert a claim against the receiver,
and must further provide that if the assets available for disbursement from time to time do not equal or exceed the
amount of the claim payments made or to be made by the
associations then disbursements must be in the amount of
available assets.
(4) The receiver's proposal shall, with respect to an insolvent insurer writing life insurance, disability insurance, or
annuities, provide for disbursements of assets to the Washington life and disability insurance guaranty association or to
any other entity or organization reinsuring, assuming, or
guaranteeing policies or contracts of insurance under the provisions of the Washington life and disability insurance guaranty association act.
(5) Notice of an application must be given to the associations in and to the commissioners of insurance of each of the
states. Notice is effected when deposited in the United States
certified mails, first class postage prepaid, at least thirty days
prior to submission of the application to the court. [2003 c
248 § 13; 1975-'76 2nd ex.s. c 109 § 10.]
Chapter 48.43
Chapter 48.43 RCW
INSURANCE REFORM
(Formerly: Certified health plans)
Sections
48.43.115
48.43.115
Maternity services—Intent—Definitions—Patient preference—Clinical sovereignty of provider—Notice to policyholders—Application.
48.43.115 Maternity services—Intent—Definitions—
Patient preference—Clinical sovereignty of provider—
Notice to policyholders—Application. (1) The legislature
recognizes the role of health care providers as the appropriate
authority to determine and establish the delivery of quality
health care services to maternity patients and their newly
born children. It is the intent of the legislature to recognize
patient preference and the clinical sovereignty of providers as
48.43.115
they make determinations regarding services provided and
the length of time individual patients may need to remain in a
health care facility after giving birth. It is not the intent of the
legislature to diminish a carrier's ability to utilize managed
care strategies but to ensure the clinical judgment of the provider is not undermined by restrictive carrier contracts or utilization review criteria that fail to recognize individual postpartum needs.
(2) Unless otherwise specifically provided, the following
definitions apply throughout this section:
(a) "Attending provider" means a provider who: Has
clinical hospital privileges consistent with RCW 70.43.020;
is included in a provider network of the carrier that is providing coverage; and is a physician licensed under chapter 18.57
or 18.71 RCW, a certified nurse midwife licensed under
chapter 18.79 RCW, a midwife licensed under chapter 18.50
RCW, a physician's assistant licensed under chapter 18.57A
or 18.71A RCW, or an advanced registered nurse practitioner
licensed under chapter 18.79 RCW.
(b) "Health carrier" or "carrier" means disability insurers
regulated under chapter 48.20 or 48.21 RCW, health care services contractors regulated under chapter 48.44 RCW, health
maintenance organizations regulated under chapter 48.46
RCW, plans operating under the health care authority under
chapter 41.05 RCW, the state health insurance pool operating
under chapter 48.41 RCW, and insuring entities regulated
under this chapter.
(3)(a) Every health carrier that provides coverage for
maternity services must permit the attending provider, in consultation with the mother, to make decisions on the length of
inpatient stay, rather than making such decisions through
contracts or agreements between providers, hospitals, and
insurers. These decisions must be based on accepted medical
practice.
(b) Covered eligible services may not be denied for inpatient, postdelivery care to a mother and her newly born child
after a vaginal delivery or a cesarean section delivery for such
care as ordered by the attending provider in consultation with
the mother.
(c) At the time of discharge, determination of the type
and location of follow-up care must be made by the attending
provider in consultation with the mother rather than by contract or agreement between the hospital and the insurer.
These decisions must be based on accepted medical practice.
(d) Covered eligible services may not be denied for follow-up care, including in-person care, as ordered by the
attending provider in consultation with the mother. Coverage
for providers of follow-up services must include, but need not
be limited to, attending providers as defined in this section,
home health agencies licensed under chapter 70.127 RCW,
and registered nurses licensed under chapter 18.79 RCW.
(e) This section does not require attending providers to
authorize care they believe to be medically unnecessary.
(f) Coverage for the newly born child must be no less
than the coverage of the child's mother for no less than three
weeks, even if there are separate hospital admissions.
(4) A carrier that provides coverage for maternity services may not deselect, terminate the services of, require
additional documentation from, require additional utilization
review of, reduce payments to, or otherwise provide financial
disincentives to any attending provider or health care facility
[2003 RCW Supp—page 707]
Chapter 48.44
Title 48 RCW: Insurance
solely as a result of the attending provider or health care facility ordering care consistent with this section. This section
does not prevent any insurer from reimbursing an attending
provider or health care facility on a capitated, case rate, or
other financial incentive basis.
(5) Every carrier that provides coverage for maternity
services must provide notice to policyholders regarding the
coverage required under this section. The notice must be in
writing and must be transmitted at the earliest of the next
mailing to the policyholder, the yearly summary of benefits
sent to the policyholder, or January 1 of the year following
June 6, 1996.
(6) This section does not establish a standard of medical
care.
(7) This section applies to coverage for maternity services under a contract issued or renewed by a health carrier
after June 6, 1996, and applies to plans operating under the
health care authority under chapter 41.05 RCW beginning
January 1, 1998. [2003 c 248 § 14; 1996 c 281 § 1.]
Short title—1996 c 281: "This act shall be known as "the Erin Act.""
[1996 c 281 § 3.]
Chapter 48.44
Chapter 48.44 RCW
HEALTH CARE SERVICES
Sections
48.44.015
48.44.016
48.44.024
48.44.060
Registration by health care service contractors required—Penalty.
Unregistered activities—Acts committed in this state—Sanctions.
Requirements for plans offered to small employers—Definitions.
Penalty.
48.44.015
48.44.015 Registration by health care service contractors required—Penalty. (1) A person may not in this
state, by mail or otherwise, act as or hold himself or herself
out to be a health care service contractor, as defined in RCW
48.44.010 without first being registered with the commissioner.
(2) The issuance, sale, or offer for sale in this state of
securities of its own issue by any health care service contractor domiciled in this state other than the memberships and
bonds of a nonprofit corporation shall be subject to the provisions of chapter 48.06 RCW relating to obtaining solicitation
permits the same as if health care service contractors were
domestic insurers.
(3) Any person violating any provision of subsection (2)
of this section is guilty of a gross misdemeanor and will, upon
conviction, be fined not more than one thousand dollars or
imprisoned for not more than six months, or both, for each
violation. [2003 c 250 § 7; 1983 c 202 § 2; 1969 c 115 § 6.]
Severability—2003 c 250: See note following RCW 48.01.080.
(3) Any person who knowingly violates RCW
48.44.015(1) is guilty of a class B felony punishable under
chapter 9A.20 RCW.
(4) Any criminal penalty imposed under this section is in
addition to, and not in lieu of, any other civil or administrative penalty or sanction otherwise authorized under state law.
(5)(a) If the commissioner has cause to believe that any
person has violated the provisions of RCW 48.44.015(1), the
commissioner may:
(i) Issue and enforce a cease and desist order in accordance with the provisions of RCW 48.02.080; and/or
(ii) Assess a civil penalty of not more than twenty-five
thousand dollars for each violation, after providing notice and
an opportunity for a hearing in accordance with chapters
34.05 and 48.04 RCW.
(b) Upon failure to pay a civil penalty when due, the
attorney general may bring a civil action on behalf of the
commissioner to recover the unpaid penalty. Any amounts
collected by the commissioner must be paid to the state treasurer for the account of the general fund. [2003 c 250 § 8.]
Severability—2003 c 250: See note following RCW 48.01.080.
48.44.024
48.44.024 Requirements for plans offered to small
employers—Definitions. (1) A health care service contractor may not offer any health benefit plan to any small
employer without complying with RCW 48.44.023(3).
(2) Employers purchasing health plans provided through
associations or through member-governed groups formed
specifically for the purpose of purchasing health care are not
small employers and the plans are not subject to RCW
48.44.023(3).
(3) For purposes of this section, "health benefit plan,"
"health plan," and "small employer" mean the same as
defined in RCW 48.43.005. [2003 c 248 § 15; 1995 c 265 §
23.]
Captions not law—Effective dates—Savings—Severability—1995 c
265: See notes following RCW 70.47.015.
48.44.060
48.44.060 Penalty. Except as otherwise provided in this
chapter, any person who violates any of the provisions of this
chapter is guilty of a gross misdemeanor. [2003 c 250 § 9;
1947 c 268 § 6; Rem. Supp. 1947 § 6131-15.]
Severability—2003 c 250: See note following RCW 48.01.080.
Chapter 48.46 RCW
HEALTH MAINTENANCE ORGANIZATIONS
Chapter 48.46
Sections
48.46.027
48.46.033
48.46.068
48.46.170
48.46.225
48.44.016
48.44.016 Unregistered activities—Acts committed
in this state—Sanctions. (1) As used in this section, "person" has the same meaning as in RCW 48.01.070.
(2) For the purpose of this section, an act is committed in
this state if it is committed, in whole or in part, in the state of
Washington, or affects persons or property within the state
and relates to or involves a health care services contract.
[2003 RCW Supp—page 708]
48.46.350
48.46.420
48.46.027
Registration, required—Issuance of securities—Penalty.
Unregistered activities—Acts committed in this state—Sanctions.
Requirements for plans offered to small employers—Definitions.
Effect of chapter as to other laws—Construction.
Financial failure—Supervision of commissioner—Priority of
distribution of assets.
Chemical dependency treatment.
Penalty for violations.
48.46.027 Registration, required—Issuance of securities—Penalty. (1) A person may not in this state, by mail
or otherwise, act as or hold himself or herself out to be a
health maintenance organization as defined in RCW
Health Maintenance Organizations
48.46.350
48.46.170
48.46.020 without first being registered with the commissioner.
(2) The issuance, sale, or offer for sale in this state of
securities of its own issue by any health maintenance organization domiciled in this state other than the memberships and
bonds of a nonprofit corporation is subject to the provisions
of chapter 48.06 RCW relating to obtaining solicitation permits the same as if health maintenance organizations were
domestic insurers.
(3) Any person violating any provision of subsection (2)
of this section is guilty of a gross misdemeanor and will, upon
conviction, be fined not more than one thousand dollars, or
imprisoned for not more than six months, or both, for each
violation. [2003 c 250 § 10; 1983 c 202 § 9.]
Severability—2003 c 250: See note following RCW 48.01.080.
48.46.033
48.46.033 Unregistered activities—Acts committed
in this state—Sanctions. (1) As used in this section, "person" has the same meaning as in RCW 48.01.070.
(2) For the purpose of this section, an act is committed in
this state if it is committed, in whole or in part, in the state of
Washington, or affects persons or property within the state
and relates to or involves a health maintenance agreement.
(3) Any person who knowingly violates RCW
48.46.027(1) is guilty of a class B felony punishable under
chapter 9A.20 RCW.
(4) Any criminal penalty imposed under this section is in
addition to, and not in lieu of, any other civil or administrative penalty or sanction otherwise authorized under state law.
(5)(a) If the commissioner has cause to believe that any
person has violated the provisions of RCW 48.46.027(1), the
commissioner may:
(i) Issue and enforce a cease and desist order in accordance with the provisions of RCW 48.02.080; and/or
(ii) Assess a civil penalty of not more than twenty-five
thousand dollars for each violation, after providing notice and
an opportunity for a hearing in accordance with chapters
34.05 and 48.04 RCW.
(b) Upon failure to pay a civil penalty when due, the
attorney general may bring a civil action on behalf of the
commissioner to recover the unpaid penalty. Any amounts
collected by the commissioner must be paid to the state treasurer for the account of the general fund. [2003 c 250 § 11.]
Severability—2003 c 250: See note following RCW 48.01.080.
48.46.068
48.46.068 Requirements for plans offered to small
employers—Definitions. (1) A health maintenance organization may not offer any health benefit plan to any small
employer without complying with RCW 48.46.066(3).
(2) Employers purchasing health plans provided through
associations or through member-governed groups formed
specifically for the purpose of purchasing health care are not
small employers and are not subject to RCW 48.46.066(3).
(3) For purposes of this section, "health benefit plan,"
"health plan," and "small employer" mean the same as
defined in RCW 48.43.005. [2003 c 248 § 16; 1995 c 265 §
24.]
Captions not law—Effective dates—Savings—Severability—1995 c
265: See notes following RCW 70.47.015.
48.46.170 Effect of chapter as to other laws—Construction. (1) Solicitation of enrolled participants by a health
maintenance organization granted a certificate of registration,
or its agents or representatives, does not violate any provision
of law relating to solicitation or advertising by health professionals.
(2) Any health maintenance organization authorized
under this chapter is not violating any law prohibiting the
practice by unlicensed persons of podiatric medicine and surgery, chiropractic, dental hygiene, opticianry, dentistry,
optometry, osteopathic medicine and surgery, pharmacy,
medicine and surgery, physical therapy, nursing, or psychology. This subsection does not expand a health professional's
scope of practice or allow employees of a health maintenance
organization to practice as a health professional unless
licensed.
(3) This chapter does not alter any statutory obligation,
or rule adopted thereunder, in chapter 70.38 RCW.
(4) Any health maintenance organization receiving a certificate of registration pursuant to this chapter is exempt from
chapter 48.05 RCW. [2003 c 248 § 17; 1996 c 178 § 13; 1983
c 106 § 7; 1975 1st ex.s. c 290 § 18.]
Effective date—1996 c 178: See note following RCW 18.35.110.
48.46.225
48.46.225 Financial failure—Supervision of commissioner—Priority of distribution of assets. (1) Any rehabilitation, liquidation, or conservation of a health maintenance
organization is the same as the rehabilitation, liquidation, or
conservation of an insurance company and must be conducted under the supervision of the commissioner pursuant to
the law governing the rehabilitation, liquidation, or conservation of insurance companies. The commissioner may apply
for an order directing the commissioner to rehabilitate, liquidate, or conserve a health maintenance organization upon any
one or more grounds set out in RCW 48.31.030, 48.31.050,
and 48.31.080. Enrolled participants have the same priority
in the event of liquidation or rehabilitation as the law provides to policyholders of an insurer.
(2) For purposes of determining the priority of distribution of general assets, claims of enrolled participants and
enrolled participants' beneficiaries have the same priority as
established by RCW 48.31.280 for policyholders and beneficiaries of insureds of insurance companies. If an enrolled
participant is liable to any provider for services provided pursuant to and covered by the health maintenance agreement,
that liability has the status of an enrolled participant claim for
distribution of general assets.
(3) A provider who is obligated by statute or agreement
to hold enrolled participants harmless from liability for services provided pursuant to and covered by a health care plan
has a priority of distribution of the general assets immediately following that of enrolled participants and enrolled participants' beneficiaries under this section. [2003 c 248 § 18;
1990 c 119 § 4.]
48.46.350
48.46.350 Chemical dependency treatment. Each
group agreement for health care services that is delivered or
issued for delivery or renewed on or after January 1, 1988,
must contain provisions providing benefits for the treatment
of chemical dependency rendered to covered persons by a
provider which is an "approved treatment program" under
[2003 RCW Supp—page 709]
48.46.420
Title 48 RCW: Insurance
RCW 70.96A.020(3). However, this section does not apply
to any agreement written as supplemental coverage to any
federal or state programs of health care including, but not
limited to, Title XVIII health insurance for the aged, which is
commonly referred to as Medicare, Parts A&B, and amendments thereto. Treatment must be covered under the chemical dependency coverage if treatment is rendered by the
health maintenance organization or if the health maintenance
organization refers the enrolled participant or the enrolled
participant's dependents to a physician licensed under chapter
18.57 or 18.71 RCW, or to a qualified counselor employed by
an approved treatment program described in RCW
70.96A.020(3). In all cases, a health maintenance organization retains the right to diagnose the presence of chemical
dependency and select the modality of treatment that best
serves the interest of the health maintenance organization's
enrolled participant, or the enrolled participant's covered
dependent. [2003 c 248 § 19; 1990 1st ex.s. c 3 § 14; 1987 c
458 § 18; 1983 c 106 § 13.]
Effective date—Severability—1987 c 458: See notes following RCW
48.21.160.
Chemical dependency benefits, rules: RCW 48.21.197.
48.46.420
48.46.420 Penalty for violations. (1) Except as otherwise provided in this chapter, any health maintenance organization which, or person who, violates any provision of this
chapter is guilty of a gross misdemeanor.
(2) A health maintenance organization that fails to comply with the net worth requirements of this chapter must cure
that defect in compliance with an order of the commissioner
rendered in conformity with rules adopted pursuant to chapter 34.05 RCW. The commissioner is authorized to take
appropriate action to assure that the continued operation of
the health maintenance organization will not be hazardous to
its enrolled participants. [2003 c 250 § 12; 1990 c 119 § 10;
1983 c 106 § 20.]
Severability—2003 c 250: See note following RCW 48.01.080.
Chapter 48.62
Chapter 48.62 RCW
LOCAL GOVERNMENT
INSURANCE TRANSACTIONS
as treasurer of the program, if that designated treasurer is
located in Washington state. The program shall, unless the
program's treasurer is a county treasurer, require a bond
obtained from a surety company authorized to do business in
Washington in an amount and under the terms and conditions
that the program finds will protect against loss arising from
mismanagement or malfeasance in investing and managing
program funds. The program may pay the premium on the
bond.
All program funds must be paid to the treasurer and shall
be disbursed by the treasurer only on warrants issued by the
treasurer or a person appointed by the program and upon
orders or vouchers approved by the program or as authorized
under chapters 35A.40 and 42.24 RCW. The treasurer shall
establish a program account, into which shall be recorded all
program funds, and the treasurer shall maintain special
accounts as may be created by the program into which the
treasurer shall record all money as the program may direct by
resolution.
(4) The treasurer of the joint program shall deposit all
program funds in a public depository or depositories as
defined in RCW 39.58.010(2) and under the same restrictions, contracts, and security as provided for any participating
local government entity, and the depository shall be designated by resolution of the program.
(5) A joint self-insurance program may invest all or a
portion of its assets by depositing the assets with the state
investment board, to be invested by the state investment
board in accordance with chapter 43.33A RCW. The state
investment board shall designate a manager for those funds to
whom the program may direct requests for disbursement
upon orders or vouchers approved by the program or as
authorized under chapters 35A.40 and 42.24 RCW.
(6) All interest and earnings collected on joint program
funds belong to the program and must be deposited to the
program's credit in the proper program account.
(7) A joint program may require a reasonable bond from
any person handling money or securities of the program and
may pay the premium for the bond.
(8) Subsections (3) and (4) of this section do not apply to
a multistate joint self-insurance program governed by RCW
48.62.081. [2003 c 248 § 20; 1991 sp.s. c 30 § 11.]
Sections
Chapter 48.90 RCW
DAY CARE CENTERS—SELF-INSURANCE
Chapter 48.90
48.62.111
Investments—Designated treasurer—Deposit requirements—
Bond.
48.62.111
48.62.111 Investments—Designated treasurer—
Deposit requirements—Bond. (1) The assets of a joint selfinsurance program governed by this chapter may be invested
only in accordance with the general investment authority that
participating local government entities possess as a governmental entity.
(2) Except as provided in subsection (3) of this section, a
joint self-insurance program may invest all or a portion of its
assets by depositing the assets with the treasurer of a county
within whose territorial limits any of its member local government entities lie, to be invested by the treasurer for the
joint program.
(3) Local government members of a joint self-insurance
program may by resolution of the program designate some
other person having experience in financial or fiscal matters
[2003 RCW Supp—page 710]
Sections
48.90.010
48.90.020
48.90.030
48.90.140
48.90.010
Findings and intent.
Definitions.
Authority to self-insure.
Dissolution of plan and association.
48.90.010 Findings and intent. (1) Day care providers
are facing a major crisis in that adequate and affordable business liability insurance is no longer available within this state
for persons who care for children. Many child day care centers have been forced to purchase inadequate coverage at prohibitive premium rates from unregulated foreign surplus line
carriers over which the state has minimal control.
(2) There is a danger that a substantial number of child
day care centers who cannot afford the escalating premiums
will be unable or unwilling to remain in business without ade-
Uniform Insurers Liquidation Act
quate coverage. As a result the number of available facilities
will be drastically reduced forcing some parents to leave the
work force to care for their children. A corresponding
demand upon the state's resources will result in the form of
public assistance to unemployed parents and day care providers.
(3) There is a further danger that a substantial number of
child day care centers now licensed pursuant to state law,
who currently provide specific safeguards for the health and
safety of children but are unable to procure insurance, may
choose to continue to operate without state approval, avoiding regulation and payment of legitimate taxes, and forcing
some parents to place their children in facilities of unknown
quality and questionable levels of safety.
(4) Most child day care centers are small business enterprises with limited resources. The state's policies encourage
the growth and development of small businesses.
(5)(a) This chapter is intended to remedy the problem of
nonexistent or unaffordable liability coverage for child day
care centers, and to encourage compliance with state laws
protecting children while meeting the state's sound economic
policies of encouraging small business development, sustaining an active work force, and discouraging policies that result
in an increased drain on the state's resources through public
assistance and other forms of public funding.
(b) This chapter will empower child day care centers to
create self-insurance pools, to purchase insurance coverage,
and to contract for risk management and administrative services through an association with demonstrated responsible
fiscal management.
The intent of this legislation is to allow these associations maximum flexibility to create and administer plans to
provide coverage and risk management services to licensed
child day care centers. [2003 c 248 § 21; 1986 c 142 § 1.]
48.90.020
48.90.020 Definitions. The definitions in this section
apply throughout this chapter.
(1) "Child day care center" means an agency that regularly provides care for one or more children for periods of
less than twenty-four hours as defined in RCW
74.15.020(1)(a).
(2) "Association" means a corporation organized under
Title 24 RCW, representative of one or more categories of
child day care centers not formed for the sole purpose of
establishing and operating a self-insurance program that:
(a) Maintains a roster of current names and addresses of
member child day care centers and of former member child
day care centers or their representatives, and of all employees
of member or former member child day care centers;
(b) Has a membership of a size and stability to ensure
that it will be able to provide consistent and responsible fiscal
management; and
(c) Maintains a regular newsletter or other periodic communication to member child day care centers.
(3) "Subscriber" means a child day care center that:
(a) Subscribes to a plan created pursuant to this chapter;
(b) Complies with all state licensing requirements;
(c) Is a member in good standing of an association;
(d) Has consistently maintained its license free from
revocation for cause, except where the revocation was not
48.99.040
later rescinded or vacated by appellate or administrative decision; and
(e) Is prepared to demonstrate the willingness and ability
to bear its share of the financial responsibility of its participation in the plan for each applicable contractual period. [2003
c 248 § 22; 1986 c 142 § 2.]
48.90.030
48.90.030 Authority to self-insure. Associations meeting the criteria of RCW 48.90.020 are empowered to create
and operate self-insurance plans to provide general liability
coverage to member child day care centers who choose to
subscribe to the plans. [2003 c 248 § 23; 1986 c 142 § 3.]
48.90.140
48.90.140 Dissolution of plan and association. (1) If
at any time the plan can no longer be operated on a sound
financial basis, the association may elect to dissolve the plan,
subject to explicit approval by the commissioner of a plan for
dissolution. Once a plan operated by an association has been
dissolved, that association may not again implement a plan
pursuant to this chapter for five calendar years.
(2) At dissolution, the assets of the association represented by the contributing trust fund shall be deposited with
the commissioner for a period of twenty-one years, to be
made available for claims arising during that period based
upon occurrences during the term of coverage. At the time of
transfer of the funds, the association shall certify to the commissioner a list of all current subscribers, with their correct
mailing addresses, and shall have notified all current subscribers of their obligation to keep the commissioner
informed of any changes in their mailing addresses over the
twenty-one year period, and that this obligation extends to
their representatives, successors, assigns, and to the representatives of their estates. Upon dissolution, the association is
required to provide to the commissioner a list of all plan subscribers during all of the years of operation of the plan.
At the end of the twenty-one year period, any funds
remaining in the trust account must be distributed to those
subscribers who were current subscribers in the most recent
year of operation of the plan, with each current subscriber
receiving an equal share of the distribution, without regard
for the length of time each child day care center was a subscriber.
In the alternative, in the discretion of the association, the
balance of the contributing trust fund may be used to purchase similar or more liberal coverage from a commercial
insurer. Each subscriber shall, however, be given the option
to deposit its share of the fund with the commissioner as provided in this section if it elects not to participate in the proposed commercial insurance. [2003 c 248 § 24; 1986 c 142 §
14.]
Chapter 48.99 RCW
UNIFORM INSURERS LIQUIDATION ACT
Chapter 48.99
Sections
48.99.040
Claims of nonresidents against domestic insurer.
48.99.040
48.99.040 Claims of nonresidents against domestic
insurer. (1) In a delinquency proceeding begun in this state
against an insurer domiciled in this state, claimants residing
in reciprocal states may file claims either with the ancillary
[2003 RCW Supp—page 711]
Title 49
Title 49 RCW: Labor Regulations
receivers, if any, in their respective states, or with the domiciliary receiver. All claims must be filed on or before the last
date fixed for the filing of claims in the domiciliary delinquency proceedings.
(2) Controverted claims belonging to claimants residing
in reciprocal states may either (a) be proved in this state as
provided by law, or (b) if ancillary proceedings have been
commenced in reciprocal states, be proved in those proceedings. In the event a claimant elects to prove a claim in ancillary proceedings, if notice of the claim and opportunity to
appear and be heard is afforded the domiciliary receiver of
this state as provided in RCW 48.99.050 with respect to
ancillary proceedings in this state, the final allowance of a
claim by the courts in the ancillary state must be accepted in
this state as conclusive as to its amount, and must also be
accepted as conclusive as to its priority, if any, against special
deposits or other security located within the ancillary state.
[2003 c 248 § 25; 1947 c 79 § .31.14; Rem. Supp. 1947 §
45.31.14. Formerly RCW 48.31.140.]
Title 49
Title 49
LABOR REGULATIONS
Chapters
49.04 Apprenticeship.
49.12 Industrial welfare.
49.26 Health and safety—Asbestos.
49.28 Hours of labor.
49.44 Violations—Prohibited practices.
49.48 Wages—Payment—Collection.
49.60 Discrimination—Human rights commission.
Chapter 49.04
Chapter 49.04 RCW
APPRENTICESHIP
Sections
49.04.141
49.04.150
Transportation opportunities—Report.
Associate degree pathway.
49.04.141
49.04.141 Transportation opportunities—Report.
The apprenticeship council shall work with the department of
transportation, local transportation jurisdictions, local and
statewide joint apprenticeships, other apprenticeship programs, representatives of labor and business organizations
with interest and expertise in the transportation work force,
and representatives of the state's universities and community
and vocational colleges to establish technical apprenticeship
opportunities specific to the needs of transportation. The
council shall issue a report of findings and recommendations
to the transportation committees of the legislature by December 1, 2003. The report must include, but not be limited to,
findings and recommendations regarding the establishment
of transportation technical training programs within the community and vocational college system and in the state universities. [2003 c 363 § 202.]
Findings—Intent—2003 c 363 §§ 201 through 206: "(1) The legislature finds that a skilled technical work force is necessary for maintaining,
preserving, and improving Washington's transportation system. The Blue
Ribbon Commission on Transportation found that state and local transportation agencies are showing signs of a work force that is insufficiently skilled
to operate the transportation system at its highest level. Sections 201 through
206 of this act are intended to explore methods for fostering a stronger indus[2003 RCW Supp—page 712]
try in transportation planning and engineering.
(2) It is the intent of the legislature that the state prevailing wage process operate efficiently, that the process allow contractors and workers to be
paid promptly, and that new technologies and innovative outreach methods
be used to enhance wage surveys in order to better reflect current wages in
counties across the state.
(3) The legislature finds that in order to enhance the prevailing wage
process it is appropriate for all intent and affidavit fees paid by contractors be
dedicated to the sole purpose of administering the state prevailing wage program.
(4) To accomplish the intent of this section and in order to enhance the
response of businesses and labor representatives to the prevailing wage survey process, the department of labor and industries shall undertake the following activities:
(a) Establish a goal of conducting surveys for each trade every three
years;
(b) Actively promote increased response rates from all survey recipients in every county both urban and rural. The department shall provide public education and technical assistance to businesses, labor representatives,
and public agencies in order to promote a better understanding of prevailing
wage laws and increased participation in the prevailing wage survey process;
(c) Actively work with businesses, labor representatives, public agencies, and others to ensure the integrity of information used in the development of prevailing wage rates, and ensure uniform compliance with requirements of sections 201 through 206 of this act;
(d) Maintain a timely processing of intents and affidavits, with a target
processing time no greater than seven working days from receipt of completed forms;
(e) Develop and implement electronic processing of intents and affidavits and promote the efficient and effective use of technology to improve the
services provided by the prevailing wage program." [2003 c 363 § 201.]
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
49.04.150
49.04.150 Associate degree pathway. (1) An apprenticeship committee may recommend to its community or
technical college partner or partners that an associate degree
pathway be developed for the committee's program.
(2) In consultation with the state board for community
and technical colleges, the apprenticeship committee and the
college or colleges involved with the program shall consider
the extent apprentices in the program are likely to pursue an
associate degree and the extent a pathway could reduce
redundancy of course requirements between the apprenticeship and a degree.
(3) If the apprenticeship committee and the college or
colleges involved with the program determine that a pathway
would be beneficial for apprentices and assist them in obtaining an associate degree, the apprenticeship committee may
request that a pathway be established as provided in RCW
28B.50.890. [2003 c 128 § 2.]
Findings—2003 c 128: "The legislature finds that:
(1) Apprenticeships are very rigorous and highly structured programs
with specific academic and work training requirements;
(2) There is a misperception that apprenticeships are only for noncollege bound students; and
(3) The state should expand opportunities for individuals to progress
from an apprenticeship to college by creating pathways that build on the
apprenticeship experience and permit apprentices to earn an associate
degree." [2003 c 128 § 1.]
Chapter 49.12
Chapter 49.12 RCW
INDUSTRIAL WELFARE
Sections
49.12.005
49.12.187
49.12.360
49.12.410
Definitions.
Collective bargaining rights not affected.
Parental leave—Discrimination prohibited.
Child labor laws—Violations—Criminal penalties. (Effective
July 1, 2004.)
Industrial Welfare
49.12.460
Volunteer fire fighters—Employer duties—Violations.
49.12.005
49.12.005 Definitions. For the purposes of this chapter:
(1) "Department" means the department of labor and
industries.
(2) "Director" means the director of the department of
labor and industries, or the director's designated representative.
(3)(a) Before May 20, 2003, "employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any
business, industry, profession, or activity in this state and
employs one or more employees but does not include the
state, any state institution, any state agency, political subdivision of the state, or any municipal corporation or quasimunicipal corporation. However, for the purposes of RCW
49.12.265 through 49.12.295, 49.12.350 through 49.12.370,
49.12.450, and 49.12.460 only, "employer" also includes the
state, any state institution, any state agency, political subdivisions of the state, and any municipal corporation or quasimunicipal corporation.
(b) On and after May 20, 2003, "employer" means any
person, firm, corporation, partnership, business trust, legal
representative, or other business entity which engages in any
business, industry, profession, or activity in this state and
employs one or more employees, and includes the state, any
state institution, state agency, political subdivisions of the
state, and any municipal corporation or quasi-municipal corporation. However, this chapter and the rules adopted thereunder apply to these public employers only to the extent that
this chapter and the rules adopted thereunder do not conflict
with: (i) Any state statute or rule; and (ii) respect to political
subdivisions of the state and any municipal or quasi-municipal corporation, any local resolution, ordinance, or rule
adopted under the authority of the local legislative authority
before April 1, 2003.
(4) "Employee" means an employee who is employed in
the business of the employee's employer whether by way of
manual labor or otherwise.
(5) "Conditions of labor" means and includes the conditions of rest and meal periods for employees including provisions for personal privacy, practices, methods and means by
or through which labor or services are performed by employees and includes bona fide physical qualifications in employment, but shall not include conditions of labor otherwise governed by statutes and rules and regulations relating to industrial safety and health administered by the department.
(6) For the purpose of chapter 16, Laws of 1973 2nd ex.
sess. a minor is defined to be a person of either sex under the
age of eighteen years. [2003 c 401 § 2; 1998 c 334 § 1; 1994
c 164 § 13; 1988 c 236 § 8; 1973 2nd ex.s. c 16 § 1.]
Findings—Purpose—Intent—Effective date—2003 c 401: See notes
following RCW 49.12.187.
Construction—1998 c 334: See note following RCW 49.12.450.
Legislative findings—Effective date—Implementation—Severability—1988 c 236: See notes following RCW 49.12.270.
49.12.187
49.12.187 Collective bargaining rights not affected.
This chapter shall not be construed to interfere with, impede,
or in any way diminish the right of employees to bargain collectively with their employers through representatives of
49.12.360
their own choosing concerning wages or standards or conditions of employment. However, rules adopted under this
chapter regarding appropriate rest and meal periods as
applied to employees in the construction trades may be superseded by a collective bargaining agreement negotiated under
the national labor relations act, 29 U.S.C. Sec. 151 et seq., if
the terms of the collective bargaining agreement covering
such employees specifically require rest and meal periods
and prescribe requirements concerning those rest and meal
periods.
Employees of public employers may enter into collective
bargaining contracts, labor/management agreements, or other
mutually agreed to employment agreements that specifically
vary from or supersede, in part or in total, rules adopted under
this chapter regarding appropriate rest and meal periods.
[2003 c 401 § 3; 2003 c 146 § 1; 1973 2nd ex.s. c 16 § 18.]
Reviser's note: This section was amended by 2003 c 146 § 1 and by
2003 c 401 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—Purpose—Intent—2003 c 401: "The legislature finds that
the enactment of chapter 236, Laws of 1988 amended the definition of
employer under the industrial welfare act, chapter 49.12 RCW, to ensure that
the family care provisions of that act applied to the state and political subdivisions. The legislature further finds that this amendment of the definition of
employer may be interpreted as creating an ambiguity as to whether the other
provisions of chapter 49.12 RCW have applied to the state and its political
subdivisions. The purpose of this act is to make retroactive, remedial, curative, and technical amendments to clarify the intent of chapter 49.12 RCW
and chapter 236, Laws of 1988 and resolve any ambiguity. It is the intent of
the legislature to establish that, prior to May 20, 2003, chapter 49.12 RCW
and the rules adopted thereunder did not apply to the state or its agencies and
political subdivisions except as expressly provided for in RCW 49.12.265
through 49.12.295, 49.12.350 through 49.12.370, 49.12.450, and
49.12.460." [2003 c 401 § 1.]
Effective date—2003 c 401: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 20, 2003]." [2003 c 401 § 6.]
49.12.360
49.12.360 Parental leave—Discrimination prohibited. (1) An employer must grant an adoptive parent or a
stepparent, at the time of birth or initial placement for adoption of a child under the age of six, the same leave under the
same terms as the employer grants to biological parents. As
a term of leave, an employer may restrict leave to those living
with the child at the time of birth or initial placement.
(2) An employer must grant the same leave upon the
same terms for men as it does for women.
(3) The department shall administer and investigate violations of this section. Notices of infraction, penalties, and
appeals shall be administered in the same manner as violations under RCW 49.12.285.
(4) For purposes of this section, "leave" means any leave
from employment granted to care for a newborn or a newly
adopted child at the time of placement for adoption.
(5) Nothing in this section requires an employer to:
(a) Grant leave equivalent to maternity disability leave;
or
(b) Establish a leave policy to care for a newborn or
newly placed child if no such leave policy is in place for any
of its employees. [2003 c 401 § 4; 1989 1st ex.s. c 11 § 23.]
Findings—Purpose—Intent—Effective date—2003 c 401: See notes
following RCW 49.12.187.
[2003 RCW Supp—page 713]
49.12.410
Title 49 RCW: Labor Regulations
Severability—Effective date—1989 1st ex.s. c 11: See RCW
49.78.900 and 49.78.901.
49.12.410
49.12.410 Child labor laws—Violations—Criminal
penalties. (Effective July 1, 2004.) (1) An employer who
knowingly or recklessly violates the requirements of RCW
49.12.121 or 49.12.123, or a rule or order adopted under
RCW 49.12.121 or 49.12.123, is guilty of a gross misdemeanor.
(2) An employer whose practices in violation of the
requirements of RCW 49.12.121 or 49.12.123, or a rule or
order adopted under RCW 49.12.121 or 49.12.123, result in
the death or permanent disability of a minor employee is
guilty of a class C felony punishable according to chapter
9A.20 RCW. [2003 c 53 § 273; 1991 c 303 § 5.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
material from the employee's personnel file, if a file is maintained by the employer.
(e) "Volunteer fire fighter" means a fire fighter who:
(i) Is not paid;
(ii) Is not already at his or her place of employment when
called to serve as a volunteer, unless the employer agrees to
provide such an accommodation; and
(iii) Has been ordered to remain at his or her position by
the commanding authority at the scene of the fire.
(4) The legislature declares that the public policies articulated in this section depend on the procedures established in
this section and no civil or criminal action may be maintained
relying on the public policies articulated in this section without complying with the procedures set forth in this section,
and to that end all civil actions and civil causes of action for
such injuries and all jurisdiction of the courts of this state
over such causes are hereby abolished, except as provided in
this section. [2003 c 401 § 5; 2001 c 173 § 1.]
49.12.460
49.12.460 Volunteer fire fighters—Employer
duties—Violations. (1) An employer may not discharge
from employment or discipline a volunteer fire fighter
because of leave taken related to an alarm of fire or an emergency call.
(2)(a) A volunteer fire fighter who believes he or she was
discharged or disciplined in violation of this section may file
a complaint alleging the violation with the director. The volunteer fire fighter may allege a violation only by filing such a
complaint within ninety days of the alleged violation.
(b) Upon receipt of the complaint, the director must
cause an investigation to be made as the director deems
appropriate and must determine whether this section has been
violated. Notice of the director's determination must be sent
to the complainant and the employer within ninety days of
receipt of the complaint.
(c) If the director determines that this section was violated and the employer fails to reinstate the employee or withdraw the disciplinary action taken against the employee,
whichever is applicable, within thirty days of receipt of
notice of the director's determination, the volunteer fire
fighter may bring an action against the employer alleging a
violation of this section and seeking reinstatement or withdrawal of the disciplinary action.
(d) In any action brought under this section, the superior
court shall have jurisdiction, for cause shown, to restrain violations under this section and to order reinstatement of the
employee or withdrawal of the disciplinary action.
(3) For the purposes of this section:
(a) "Alarm of fire or emergency call" means responding
to, working at, or returning from a fire alarm or an emergency
call, but not participating in training or other nonemergency
activities.
(b) "Employer" means an employer who had twenty or
more full-time equivalent employees in the previous year.
(c) "Reinstatement" means reinstatement with back pay,
without loss of seniority or benefits, and with removal of any
related adverse material from the employee's personnel file,
if a file is maintained by the employer.
(d) "Withdrawal of disciplinary action" means withdrawal of disciplinary action with back pay, without loss of
seniority or benefits, and with removal of any related adverse
[2003 RCW Supp—page 714]
Findings—Purpose—Intent—Effective date—2003 c 401: See notes
following RCW 49.12.187.
Chapter 49.26
Chapter 49.26 RCW
HEALTH AND SAFETY—ASBESTOS
Sections
49.26.130
Asbestos projects—Rules—Fees—Asbestos account.
49.26.130
49.26.130 Asbestos projects—Rules—Fees—Asbestos account. (1) The department shall administer this chapter.
(2) The director of the department shall adopt, in accordance with chapters 34.05 and 49.17 RCW, rules necessary to
carry out this chapter.
(3) The department shall prescribe fees for the issuance
and renewal of certificates, including recertification, and the
administration of examinations, and for the review of training
courses.
(4) The asbestos account is hereby established in the
state treasury. All fees collected under this chapter shall be
deposited in the account. Moneys in the account shall be
spent after appropriation only for costs incurred by the
department in the administration and enforcement of this
chapter. Disbursements from the account shall be on authorization of the director of the department or the director's designee.
(5) During the 2003-2005 fiscal biennium, the legislature
may transfer from the asbestos account to the state general
fund such amounts as reflect the excess fund balance in the
account. [2003 1st sp.s. c 25 § 924; 1989 c 154 § 9. Prior:
1988 c 271 § 15; 1987 c 219 § 1; 1985 c 387 § 3.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Purpose—Severability—1989 c 154: See notes following RCW
49.26.013.
Chapter 49.28
Chapter 49.28 RCW
HOURS OF LABOR
Sections
49.28.010
49.28.020
Eight hour day, 1899 act—Public works contracts—Emergency overtime—Penalty. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Violations—Prohibited Practices
49.28.030
49.28.080
49.28.082
49.28.084
49.28.100
49.28.110
Repealed. (Effective July 1, 2004.)
Hours of domestic employees—Exception—Penalty. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Hours of operators of power equipment in waterfront operations—Penalty. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
49.28.010
49.28.010 Eight hour day, 1899 act—Public works
contracts—Emergency overtime—Penalty. (Effective
July 1, 2004.) (1) Hereafter eight hours in any calendar day
shall constitute a day's work on any work done for the state or
any county or municipality within the state, subject to conditions hereinafter provided.
(2) All work done by contract or subcontract on any
building or improvements or works on roads, bridges, streets,
alleys, or buildings for the state or any county or municipality
within the state, shall be done under the provisions of this
section. In cases of extraordinary emergency such as danger
to life or property, the hours for work may be extended, but in
such case the rate of pay for time employed in excess of eight
hours of each calendar day, shall be one and one-half times
the rate of pay allowed for the same amount of time during
eight hours' service. And for this purpose this section is made
a part of all contracts, subcontracts, or agreements for work
done for the state or any county or municipality within the
state.
(3) Any contractor, subcontractor, or agent of contractor
or subcontractor, foreman, or employer who violates this section is guilty of a misdemeanor and shall be fined a sum not
less than twenty-five dollars nor more than two hundred dollars, or imprisoned in the county jail for a period of not less
than ten days nor more than ninety days, or both such fine and
imprisonment, at the discretion of the court. [2003 c 53 §
274; 1899 c 101 § 1; RRS § 7642.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
49.28.020
49.28.020 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
49.44.100
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1937 c 129: "In the event any part of this act is held
invalid such invalidity shall not affect the validity of the remainder of this
act." [1937 c 129 § 3.] This applies to RCW 49.28.080 through 49.28.084.
49.28.082
49.28.082 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
49.28.084
49.28.084 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
49.28.100
49.28.100 Hours of operators of power equipment in
waterfront operations—Penalty. (Effective July 1, 2004.)
(1) It shall be unlawful for any employer to permit any of his
or her employees to operate on docks, in warehouses and/or
in or on other waterfront properties any power driven
mechanical equipment for the purpose of loading cargo on, or
unloading cargo from, ships, barges, or other watercraft, or of
assisting in such loading or unloading operations, for a period
in excess of twelve and one-half hours at any one time without giving such person an interval of eight hours' rest: PROVIDED, HOWEVER, The provisions of this section shall not
be applicable in cases of emergency, including fire, violent
storms, leaking or sinking ships or services required by the
armed forces of the United States.
(2) Any person violating this section is guilty of a misdemeanor. [2003 c 53 § 276; 1953 c 271 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
49.28.110
49.28.110 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 49.44
Chapter 49.44 RCW
VIOLATIONS—PROHIBITED PRACTICES
Sections
49.28.030
49.28.030 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
49.44.100
49.44.110
49.44.120
49.44.130
Bringing in out-of-state persons to replace employees involved
in labor dispute—Penalty. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Requiring lie detector tests—Penalty. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
49.28.080
49.28.080 Hours of domestic employees—Exception—Penalty. (Effective July 1, 2004.) (1) No male or
female household or domestic employee shall be employed
by any person for a longer period than sixty hours in any one
week. Employed time shall include minutes or hours when
the employee has to remain subject to the call of the employer
and when the employee is not free to follow his or her inclinations.
(2) In cases of emergency such employee may be
employed for a longer period than sixty hours.
(3) Any employer violating this section is guilty of a
misdemeanor. [2003 c 53 § 275; 1937 c 129 § 1; RRS §
7651-1. FORMER PARTS OF SECTION: (i) 1937 c 129 §
2; RRS § 7651-2, now codified as RCW 49.28.082. (ii) 1937
c 129 § 4; RRS § 7651-4, now codified as RCW 49.28.084.]
49.44.100
49.44.100 Bringing in out-of-state persons to replace
employees involved in labor dispute—Penalty. (Effective
July 1, 2004.) (1) It shall be unlawful for any person, firm or
corporation not directly involved in a labor strike or lockout
to recruit and bring into this state from outside this state any
person or persons for employment, or to secure or offer to
secure for such person or persons any employment, when the
purpose of such recruiting, securing or offering to secure
employment is to have such persons take the place in employment of employees in a business owned by a person, firm or
corporation involved in a labor strike or lockout, or to have
such persons act as pickets of a business owned by a person,
firm or corporation where a labor strike or lockout exists:
PROVIDED, That this section shall not apply to activities
[2003 RCW Supp—page 715]
49.44.110
Title 49 RCW: Labor Regulations
and services offered by or through the Washington employment security department.
(2) Any person violating this section is guilty of a gross
misdemeanor. [2003 c 53 § 277; 1961 c 180 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
49.44.110
49.44.110 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
49.44.120
49.44.120 Requiring lie detector tests—Penalty.
(Effective July 1, 2004.) (1) It shall be unlawful for any person, firm, corporation or the state of Washington, its political
subdivisions or municipal corporations to require, directly or
indirectly, that any employee or prospective employee take or
be subjected to any lie detector or similar tests as a condition
of employment or continued employment: PROVIDED,
That this section shall not apply to persons making initial
application for employment with any law enforcement
agency: PROVIDED FURTHER, That this section shall not
apply to either the initial application for employment or continued employment of persons who manufacture, distribute,
or dispense controlled substances as defined in chapter 69.50
RCW, or to persons in sensitive positions directly involving
national security.
(2) Nothing in this section shall be construed to prohibit
the use of psychological tests as defined in RCW 18.83.010.
(3) Any person violating this section is guilty of a misdemeanor.
(4) As used in this section, "person" includes any individual, firm, corporation, or agency or political subdivision
of the state.
(5) Nothing in this section may be construed as limiting
any statutory or common law rights of any person illegally
denied employment or continued employment under this section for purposes of any civil action or injunctive relief.
[2003 c 53 § 278; 1985 c 426 § 1; 1973 c 145 § 1; 1965 c 152
§ 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
dred dollars, to the surviving spouse, or if the decedent leaves
no surviving spouse, then to the decedent's child or children,
or if no children, then to the decedent's father or mother.
(2) In the event the decedent's employer is the state of
Washington, then the amount of the indebtedness that can be
paid under subsection (1) of this section shall not exceed ten
thousand dollars. At the beginning of each biennium, the
director of financial management may by administrative policy adjust the amount of indebtedness that can be paid under
this subsection to levels not to exceed the percentage increase
in the consumer price index for all urban consumers, CPI-U,
for Seattle, or a successor index, for the previous biennium as
calculated by the United States department of labor.
Adjusted dollar amounts of indebtedness shall be rounded to
the nearest five hundred dollar increment.
(3) If the decedent and the surviving spouse have entered
into a community property agreement that meets the requirements of RCW 26.16.120, and the right to the indebtedness
became the sole property of the surviving spouse upon the
death of the decedent, the employer shall pay to the surviving
spouse the total of the indebtedness, or that portion which is
governed by the community property agreement, upon presentation of the agreement accompanied by an affidavit or
declaration of the surviving spouse stating that the agreement
was executed in good faith between the parties and had not
been rescinded by the parties before the decedent's death.
(4) In all cases, the employer shall require proof of the
claimant's relationship to the decedent by affidavit or declaration, and shall require the claimant to acknowledge receipt of
the payment in writing.
(5) Any payments made by an employer pursuant to the
provisions of RCW 49.48.115 and 49.48.120 shall operate as
a full and complete discharge of the employer's indebtedness
to the extent of the payment, and no employer shall thereafter
be liable to the decedent's estate, or the decedent's executor or
administrator thereafter appointed.
(6) The employer may also pay the indebtedness upon
presentation of an affidavit as provided in RCW 11.62.010.
[2003 c 122 § 1; 1981 c 333 § 2; 1974 ex.s. c 117 § 42; 1967
c 210 § 1; 1939 c 139 § 2; RRS § 1464-2. FORMER PART
OF SECTION: 1939 c 139 § 1; RRS § 1464-1 now codified
as RCW 49.48.115.]
49.44.130
49.44.130 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Application, construction—Severability—Effective date—1974
ex.s. c 117: See RCW 11.02.080 and notes following.
49.48.200
Chapter 49.48
Chapter 49.48 RCW
WAGES—PAYMENT—COLLECTION
Sections
49.48.120
49.48.200
49.48.210
49.48.220
Payment on employee's death.
Overpayment of wages—State employees.
Overpayment of wages—Notice—Review—Appeal.
Rules.
49.48.120
49.48.120 Payment on employee's death. (1) If at the
time of the death of any person, his or her employer is
indebted to him or her for work, labor, and services performed, and no executor or administrator of his or her estate
has been appointed, the employer shall upon the request of
the surviving spouse pay the indebtedness in an amount as
may be due not exceeding the sum of two thousand five hun[2003 RCW Supp—page 716]
49.48.200 Overpayment of wages—State employees.
(1) Debts due the state for the overpayment of wages to state
employees may be recovered by the employer by deductions
from subsequent wage payments as provided in RCW
49.48.210, or by civil action. If the overpayment is recovered
by deduction from the employee's subsequent wages, each
deduction shall not exceed: (a) Five percent of the
employee's disposable earnings in a pay period other than the
final pay period; or (b) the amount still outstanding from the
employee's disposable earnings in the final pay period. The
deductions from wages shall continue until the overpayment
is fully recouped.
(2) Nothing in chapter 77, Laws of 2003 prevents: (a)
An employee from making payments in excess of the amount
specified in subsection (1)(a) of this section to an employer;
or (b) an employer and employee from agreeing to a different
Discrimination—Human Rights Commission
overpayment amount than that specified in the notice in
RCW 49.48.210(1) or to a method other than a deduction
from wages for repayment of the overpayment amount.
[2003 c 77 § 1.]
49.48.210
49.48.210 Overpayment of wages—Notice—
Review—Appeal. (1) When an employer determines that an
employee was overpaid wages, the employer shall provide
written notice to the employee. The notice shall include the
amount of the overpayment, the basis for the claim, a demand
for payment within twenty calendar days of the date on which
the employee received the notice, and the rights of the
employee under this section.
(2) The notice may be served upon the employee in the
manner prescribed for the service of a summons in a civil
action, or be mailed by certified mail, return receipt
requested, to the employee at his or her last known address.
(3) Within twenty calendar days after receiving the
notice from the employer that an overpayment has occurred,
the employee may request, in writing, that the employer
review its finding that an overpayment has occurred. The
employee may choose to have the review conducted through
written submission of information challenging the overpayment or through a face-to-face meeting with the employer. If
the request is not made within the twenty-day period as provided in this subsection, the employee may not further challenge the overpayment and has no right to further agency
review, an adjudicative proceeding, or judicial review.
(4) Upon receipt of an employee's written request for
review of the overpayment, the employer shall review the
employee's challenge to the overpayment. Upon completion
of the review, the employer shall notify the employee in writing of the employer's decision regarding the employee's challenge. The notification must be sent by certified mail, return
receipt requested, to the employee at his or her last known
address.
(5) If the employee is dissatisfied with the employer's
decision regarding the employee's challenge to the overpayment, the employee may request an adjudicative proceeding
governed by the administrative procedure act, chapter 34.05
RCW. The employee's application for an adjudicative proceeding must be in writing, state the basis for contesting the
overpayment notice, and include a copy of the employer's
notice of overpayment. The application must be served on
and received by the employer within twenty-eight calendar
days of the employee's receipt of the employer's decision following review of the employee's challenge. Notwithstanding
RCW 34.05.413(3), agencies may not vary the requirements
of this subsection (5) by rule or otherwise. The employee
must serve the employer by certified mail, return receipt
requested.
(6) If the employee does not request an adjudicative proceeding within the twenty-eight-day period, the amount of
the overpayment provided in the notice shall be deemed final
and the employer may proceed to recoup the overpayment as
provided in this section and RCW 49.48.200.
(7) Where an adjudicative proceeding has been
requested, the presiding or reviewing officer shall determine
the amount, if any, of the overpayment received by the
employee.
49.60.172
(8) If the employee fails to attend or participate in the
adjudicative proceeding, upon a showing of valid service, the
presiding or reviewing officer may enter an administrative
order declaring the amount claimed in the notice sent to the
employee after the employer's review of the employee's challenge to the overpayment to be assessed against the employee
and subject to collection action by the state as provided in
RCW 49.48.200.
(9) Failure to make an application for a review by the
employer as provided in subsections (3) and (4) of this section or an adjudicative proceeding within twenty-eight calendar days of the date of receiving notice of the employer's
decision after review of the overpayment shall result in the
establishment of a final debt against the employee in the
amount asserted by the employer, which debt shall be collected as provided in RCW 49.48.200.
(10) As used in chapter 77, Laws of 2003:
(a) "Employer" means the state of Washington and any
of its agencies, institutions, boards, or commissions; and
(b) "Overpayment" means a payment of wages for a pay
period that is greater than the amount earned for a pay period.
[2003 c 77 § 2.]
49.48.220
49.48.220 Rules. The office of financial management
shall adopt the rules necessary to implement chapter 77,
Laws of 2003. [2003 c 77 § 3.]
Chapter 49.60
Chapter 49.60 RCW
DISCRIMINATION—HUMAN
RIGHTS COMMISSION
Sections
49.60.172
49.60.174
Unfair practices with respect to HIV or hepatitis C infection.
Evaluation of claim of discrimination—Actual or perceived
HIV or hepatitis C infection.
49.60.172
49.60.172 Unfair practices with respect to HIV or
hepatitis C infection. (1) No person may require an individual to take an HIV test, as defined in chapter 70.24 RCW, or
hepatitis C test, as a condition of hiring, promotion, or continued employment unless the absence of HIV or hepatitis C
infection is a bona fide occupational qualification for the job
in question.
(2) No person may discharge or fail or refuse to hire any
individual, or segregate or classify any individual in any way
which would deprive or tend to deprive that individual of
employment opportunities or adversely affect his or her status as an employee, or otherwise discriminate against any
individual with respect to compensation, terms, conditions,
or privileges of employment on the basis of the results of an
HIV test or hepatitis C test unless the absence of HIV or hepatitis C infection is a bona fide occupational qualification of
the job in question.
(3) The absence of HIV or hepatitis C infection as a bona
fide occupational qualification exists when performance of a
particular job can be shown to present a significant risk, as
defined by the board of health by rule, of transmitting HIV or
hepatitis C infection to other persons, and there exists no
means of eliminating the risk by restructuring the job.
(4) For the purpose of this chapter, any person who is
actually infected with HIV or hepatitis C, but is not disabled
[2003 RCW Supp—page 717]
49.60.174
Title 50 RCW: Unemployment Compensation
as a result of the infection, shall not be eligible for any benefits under the affirmative action provisions of chapter 49.74
RCW solely on the basis of such infection.
(5) Employers are immune from civil action for damages
arising out of transmission of HIV or hepatitis C to employees or to members of the public unless such transmission
occurs as a result of the employer's gross negligence. [2003
c 273 § 2; 1988 c 206 § 903.]
Severability—1988 c 206: See RCW 70.24.900.
49.60.174
49.60.174 Evaluation of claim of discrimination—
Actual or perceived HIV or hepatitis C infection. (1) For
the purposes of determining whether an unfair practice under
this chapter has occurred, claims of discrimination based on
actual or perceived HIV or hepatitis C infection shall be evaluated in the same manner as other claims of discrimination
based on sensory, mental, or physical disability; or the use of
a trained dog guide or service animal by a disabled person.
(2) Subsection (1) of this section shall not apply to transactions with insurance entities, health service contractors, or
health maintenance or ganizations subject to RCW
49.60.030(1)(e) or 49.60.178 to prohibit fair discrimination
on the basis of actual HIV or actual hepatitis C infection status when bona fide statistical differences in risk or exposure
have been substantiated.
(3) For the purposes of this chapter:
(a) "HIV" means the human immunodeficiency virus,
and includes all HIV and HIV-related viruses which damage
the cellular branch of the human immune system and leave
the infected person immunodeficient; and
(b) "Hepatitis C" means the hepatitis C virus of any genotype. [2003 c 273 § 3; 1997 c 271 § 6; 1993 c 510 § 8; 1988
c 206 § 902.]
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1988 c 206: See RCW 70.24.900.
Title 50
Title 50
UNEMPLOYMENT COMPENSATION
Reviser’s note: Referendum Bill No. 53 was rejected by
the voters at the November 2002 election, after the 2002 print
edition of the Revised Code of Washington had been published and distributed. This resulted in several sections of
law being returned to the status existing before their amendment by chapter 149, Laws of 2002. The following explains
which sections were affected and the resulting changes that
were made to this title.
Referendum Measure No. 53 challenged 2002 c 149 §§
5, 7, 8, 10, 12, 13, 17, and 18, and was rejected by the voters.
Therefore, we have removed the 2002 c 149 amendments
from the following sections:
RCW 50.24.010
RCW 50.24.014
RCW 50.29.025
RCW 50.29.062
We removed from this title:
RCW 50.29.055
The application note following RCW 50.24.010.
The expiration dates note following RCW 50.20.125.
The expiration date in the captions of RCW 50.20.125,
50.29.025, and 50.29.045.
[2003 RCW Supp—page 718]
Chapters
50.01 General provisions.
50.04 Definitions.
50.12 Administration.
50.13 Records and information—Privacy and confidentiality.
50.16 Funds.
50.20 Benefits and claims.
50.24 Contributions by employers.
50.29 Employer experience rating.
50.32 Review, hearings, and appeals.
50.36 Penalties.
50.40 Miscellaneous provisions.
Chapter 50.01
Chapter 50.01 RCW
GENERAL PROVISIONS
Sections
50.01.010
Preamble.
50.01.010
50.01.010 Preamble. Whereas, economic insecurity
due to unemployment is a serious menace to the health, morals and welfare of the people of this state; involuntary unemployment is, therefore, a subject of general interest and concern which requires appropriate action by the legislature to
prevent its spread and to lighten its burden which now so
often falls with crushing force upon the unemployed worker
and his family. Social security requires protection against
this greatest hazard of our economic life. This can be provided only by application of the insurance principle of sharing the risks, and by the systematic accumulation of funds
during periods of employment to provide benefits for periods
of unemployment, thus maintaining purchasing powers and
limiting the serious social consequences of relief assistance.
The state of Washington, therefore, exercising herein its
police and sovereign power endeavors by this title to remedy
any widespread unemployment situation which may occur
and to set up safeguards to prevent its recurrence in the years
to come. The legislature, therefore, declares that in its considered judgment the public good, and the general welfare of
the citizens of this state require the enactment of this measure, under the police powers of the state, for the compulsory
setting aside of unemployment reserves to be used for the
benefit of persons unemployed through no fault of their own.
[2003 2nd sp.s. c 4 § 1; 1945 c 35 § 2; Rem. Supp. 1945 §
9998-141. Prior: 1937 c 162 § 2.]
Conflict with federal requirements—2003 2nd sp.s. c 4: "If any part
of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is inoperative solely to the extent of the conflict, and
the finding or determination does not affect the operation of the remainder of
this act. Rules adopted under this act must meet federal requirements that are
a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state." [2003
2nd sp.s. c 4 § 36.]
Severability—2003 2nd sp.s. c 4: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2003 2nd sp.s. c 4 § 37.]
Effective date—2003 2nd sp.s. c 4: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [June 20, 2003]." [2003 2nd sp.s. c 4 § 39.]
Definitions
Chapter 50.04
Chapter 50.04 RCW
DEFINITIONS
Sections
50.04.206
50.04.293
50.04.294
50.04.335
50.04.355
Employment—Nonresident alien.
Misconduct.
Misconduct—Gross misconduct.
Wages, remuneration—Stock transfers excepted.
Wages, remuneration—Average annual wage—Average
weekly wage—Average annual wage for contributions purposes.
50.04.206
50.04.206 Employment—Nonresident alien. The
term "employment" shall not include service that is performed by a nonresident alien for the period he or she is temporarily present in the United States as a nonimmigrant under
subparagraph (F), (H)(ii), (H)(iii), or (J) of section 101(a)(15)
of the federal immigration and naturalization act, as
amended, and that is performed to carry out the purpose specified in the applicable subparagraph of the federal immigration and naturalization act. [2003 2nd sp.s. c 4 § 27; 1990 c
245 § 3.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Conflict with federal requirements—Effective dates—1990 c 245:
See notes following RCW 50.04.030.
50.04.293
50.04.293 Misconduct. With respect to claims that
have an effective date before January 4, 2004, "misconduct"
means an employee's act or failure to act in willful disregard
of his or her employer's interest where the effect of the
employee's act or failure to act is to harm the employer's business. [2003 2nd sp.s. c 4 § 5; 1993 c 483 § 1.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Effective dates—Applicability—1993 c 483: "(1) Sections 1 and 8
through 11 of this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 3, 1993, and shall be
effective as to separations occurring after July 3, 1993.
(2) Section 2 of this act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 3, 1993, and is effective
as to weeks claimed after July 3, 1993.
(3) Section 12 of this act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately [May 17,
1993], and is effective as to new claims filed after July 3, 1993.
(4) Section 19 of this act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 3, 1993, and is effective
as to requests for relief of charges received after July 3, 1993.
(5) Sections 15, 17, and 18 of this act shall be effective as to new
extended benefit claims filed after October 2, 1993.
(6) Sections 13 and 14 of this act shall take effect January 1, 1994.
(7) Sections 3, 4, and 5 of this act shall take effect January 2, 1994.
(8) Sections 20 and 21 of this act shall take effect for tax year 1994.
(9) Section 16 of this act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately [May 17,
1993]." [1993 c 483 § 23.]
Conflict with federal requirements—1993 c 483: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
50.04.294
state or the granting of federal unemployment tax credits to employers in this
state." [1993 c 483 § 24.]
Severability—1993 c 483: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1993 c 483 § 25.]
50.04.294
50.04.294 Misconduct—Gross misconduct. With
respect to claims that have an effective date on or after January 4, 2004:
(1) "Misconduct" includes, but is not limited to, the following conduct by a claimant:
(a) Willful or wanton disregard of the rights, title, and
interests of the employer or a fellow employee;
(b) Deliberate violations or disregard of standards of
behavior which the employer has the right to expect of an
employee;
(c) Carelessness or negligence that causes or would
likely cause serious bodily harm to the employer or a fellow
employee; or
(d) Carelessness or negligence of such degree or recurrence to show an intentional or substantial disregard of the
employer's interest.
(2) The following acts are considered misconduct
because the acts signify a willful or wanton disregard of the
rights, title, and interests of the employer or a fellow
employee. These acts include, but are not limited to:
(a) Insubordination showing a deliberate, willful, or purposeful refusal to follow the reasonable directions or instructions of the employer;
(b) Repeated inexcusable tardiness following warnings
by the employer;
(c) Dishonesty related to employment, including but not
limited to deliberate falsification of company records, theft,
deliberate deception, or lying;
(d) Repeated and inexcusable absences, including
absences for which the employee was able to give advance
notice and failed to do so;
(e) Deliberate acts that are illegal, provoke violence or
violation of laws, or violate the collective bargaining agreement. However, an employee who engages in lawful union
activity may not be disqualified due to misconduct;
(f) Violation of a company rule if the rule is reasonable
and if the claimant knew or should have known of the existence of the rule; or
(g) Violations of law by the claimant while acting within
the scope of employment that substantially affect the claimant's job performance or that substantially harm the
employer's ability to do business.
(3) "Misconduct" does not include:
(a) Inefficiency, unsatisfactory conduct, or failure to perform well as the result of inability or incapacity;
(b) Inadvertence or ordinary negligence in isolated
instances; or
(c) Good faith errors in judgment or discretion.
(4) "Gross misconduct" means a criminal act in connection with an individual's work for which the individual has
been convicted in a criminal court, or has admitted committing, or conduct connected with the individual's work that
demonstrates a flagrant and wanton disregard of and for the
rights, title, or interest of the employer or a fellow employee.
[2003 2nd sp.s. c 4 § 6.]
[2003 RCW Supp—page 719]
50.04.335
Title 50 RCW: Unemployment Compensation
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
50.04.335
50.04.335 Wages, remuneration—Stock transfers
excepted. After December 31, 2003, for the purpose of the
payment of contributions, the term "wages" does not include
an employee's income attributable to the transfer of shares of
stock to the employee pursuant to his or her exercise of a
stock option granted for any reason connected with his or her
employment. [2003 2nd sp.s. c 4 § 2.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
50.04.355
50.04.355 Wages, remuneration—Average annual
wage—Average weekly wage—Average annual wage for
contributions purposes. (1) For computations made before
January 1, 2007, the employment security department shall
compute, on or before the fifteenth day of June of each year,
an "average annual wage", an "average weekly wage", and an
"average annual wage for contributions purposes" from information for the specified preceding calendar years including
corrections thereof reported within three months after the
close of the final year of the specified years by all employers
as defined in RCW 50.04.080.
(a) The "average annual wage" is the quotient derived by
dividing the total remuneration reported by all employers for
the preceding calendar year by the average number of workers reported for all months of the preceding calendar year and
if the result is not a multiple of one dollar, rounding the result
to the next lower multiple of one dollar.
(b) The "average weekly wage" is the quotient derived
by dividing the "average annual wage" obtained under (a) of
this subsection by fifty-two and if the result is not a multiple
of one dollar, rounding the result to the next lower multiple of
one dollar.
(c) The "average annual wage for contributions purposes" is the quotient derived by dividing by three the total
remuneration reported by all employers subject to contributions for the preceding three consecutive calendar years and
dividing this amount by the average number of workers
reported for all months of these three years by these same
employers and if the result is not a multiple of one dollar,
rounding the result to the next lower multiple of one dollar.
(2) For computations made on or after January 1, 2007,
the employment security department shall compute, on or
before the fifteenth day of June of each year, an "average
annual wage," an "average weekly wage," and an "average
annual wage for contributions purposes" from information
for the preceding calendar year including corrections thereof
reported within three months after the close of that year by all
employers as defined in RCW 50.04.080.
(a) The "average annual wage" is the quotient derived by
dividing the total remuneration reported by all employers by
the average number of workers reported for all months and if
the result is not a multiple of one dollar, rounding the result to
the next lower multiple of one dollar.
(b) The "average weekly wage" is the quotient derived
by dividing the "average annual wage" obtained under (a) of
this subsection by fifty-two and if the result is not a multiple
of one dollar, rounding the result to the next lower multiple of
one dollar.
[2003 RCW Supp—page 720]
(c) The "average annual wage for contributions purposes" is the quotient derived by dividing the total remuneration reported by all employers subject to contributions by the
average number of workers reported for all months by these
same employers and if the result is not a multiple of one dollar, rounding the result to the next lower multiple of one dollar. [2003 2nd sp.s. c 4 § 15; 2000 c 2 § 1; 1977 ex.s. c 33 §
2; 1975 1st ex.s. c 228 § 1; 1973 c 73 § 3; 1970 ex.s. c 2 § 6.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Conflict with federal requirements—2000 c 2: "If any part of this act
is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this
act. Rules adopted under this act must meet federal requirements that are a
necessary condition to the receipt of federal funds by the state or the granting
of federal unemployment tax credits to employers in this state." [2000 c 2 s
17.]
Severability—2000 c 2: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2000 c 2 § 18.]
Effective date—2000 c 2: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[February 7, 2000]." [2000 c 2 § 19.]
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note following
RCW 50.22.150.
Effective dates—Construction—1977 ex.s. c 33: See notes following
RCW 50.04.030.
Effective date—1975 1st ex.s. c 228: "All sections of this 1975 amendatory act are necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its existing public
institutions, and shall take effect on the first Sunday following signature by
the governor [June 29, 1975]." [1975 1st ex.s. c 228 § 19.]
Effective dates—1973 c 73: See note following RCW 50.04.030.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
Chapter 50.12
Chapter 50.12 RCW
ADMINISTRATION
Sections
50.12.042
50.12.220
Rules—2003 2nd sp.s. c 4.
Penalties for late reports or contributions—Assessment—
Appeal.
50.12.042
50.12.042 Rules—2003 2nd sp.s. c 4. The commissioner of the employment security department may adopt
such rules as are necessary to implement chapter 4, Laws of
2003 2nd sp. sess. [2003 2nd sp.s. c 4 § 34.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
50.12.220
50.12.220 Penalties for late reports or contributions—Assessment—Appeal. (1)(a) If an employer fails to
file in a timely and complete manner a report required by
RCW 50.12.070, or the rules adopted pursuant thereto, the
employer shall be subject to a penalty to be determined by the
commissioner, but not to exceed two hundred fifty dollars or
ten percent of the quarterly contributions for each such
offense, whichever is less.
(b) If an employer knowingly misrepresents to the
employment security department the amount of his or her
Records and Information—Privacy and Confidentiality
payroll upon which contributions under this title are based,
the employer shall be liable to the state for up to ten times the
amount of the difference in contributions paid, if any, and the
amount the employer should have paid and for the reasonable
expenses of auditing his or her books and collecting such
sums. Such liability may be enforced in the name of the
department.
(c) If any part of a delinquency for which an assessment
is made under this title is due to an intent to evade the successorship provisions of RCW 50.29.062, the commissioner
shall assign to the employer, and to any business found to be
promoting the evasion of such provisions, the tax rate determined under RCW 50.29.025 for rate class 20 or rate class
40, as applicable, for five consecutive calendar quarters,
beginning with the calendar quarter in which the intent to
evade such provision is found.
(2) If contributions are not paid on the date on which
they are due and payable as prescribed by the commissioner,
there shall be assessed a penalty of five percent of the amount
of the contributions for the first month or part thereof of
delinquency; there shall be assessed a total penalty of ten percent of the amount of the contributions for the second month
or part thereof of delinquency; and there shall be assessed a
total penalty of twenty percent of the amount of the contributions for the third month or part thereof of delinquency. No
penalty so added shall be less than ten dollars. These penalties are in addition to the interest charges assessed under
RCW 50.24.040.
(3) Penalties shall not accrue on contributions from an
estate in the hands of a receiver, executor, administrator,
trustee in bankruptcy, common law assignee, or other liquidating officer subsequent to the date when such receiver,
executor, administrator, trustee in bankruptcy, common law
assignee, or other liquidating officer qualifies as such, but
contributions accruing with respect to employment of persons by a receiver, executor, administrator, trustee in bankruptcy, common law assignee, or other liquidating officer
shall become due and shall be subject to penalties in the same
manner as contributions due from other employers.
(4) Where adequate information has been furnished to
the department and the department has failed to act or has
advised the employer of no liability or inability to decide the
issue, penalties shall be waived by the commissioner. Penalties may also be waived for good cause if the commissioner
determines that the failure to timely file reports or pay contributions was not due to the employer's fault.
(5) Any decision to assess a penalty as provided by this
section shall be made by the chief administrative officer of
the tax branch or his or her designee.
(6) Nothing in this section shall be construed to deny an
employer the right to appeal the assessment of any penalty.
Such appeal shall be made in the manner provided in RCW
50.32.030. [2003 2nd sp.s. c 4 § 22; 1987 c 111 § 2; 1979
ex.s. c 190 § 1.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Conflict with federal requirements—1987 c 111: "If any part of this
act is found to be in conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
50.13.060
the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1987 c 111 § 10.]
Severability—1987 c 111: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 111 § 11.]
Effective date—1987 c 111: "This act shall take effect July 1, 1987.
Sections 2 and 8 of this act shall be effective for quarters beginning on and
after July 1, 1987." [1987 c 111 § 12.]
Chapter 50.13 RCW
RECORDS AND INFORMATION—PRIVACY
AND CONFIDENTIALITY
Chapter 50.13
Sections
50.13.060
Access to records or information by governmental agencies.
50.13.060
50.13.060 Access to records or information by governmental agencies. (1) Governmental agencies, including
law enforcement agencies, prosecuting agencies, and the
executive branch, whether state, local, or federal shall have
access to information or records deemed private and confidential under this chapter if the information or records are
needed by the agency for official purposes and:
(a) The agency submits an application in writing to the
employment security department for the records or information containing a statement of the official purposes for which
the information or records are needed and specific identification of the records or information sought from the department; and
(b) The director, commissioner, chief executive, or other
official of the agency has verified the need for the specific
information in writing either on the application or on a separate document; and
(c) The agency requesting access has served a copy of
the application for records or information on the individual or
employing unit whose records or information are sought and
has provided the department with proof of service. Service
shall be made in a manner which conforms to the civil rules
for superior court. The requesting agency shall include with
the copy of the application a statement to the effect that the
individual or employing unit may contact the public records
officer of the employment security department to state any
objections to the release of the records or information. The
employment security department shall not act upon the application of the requesting agency until at least five days after
service on the concerned individual or employing unit. The
employment security department shall consider any objections raised by the concerned individual or employing unit in
deciding whether the requesting agency needs the information or records for official purposes.
(2) The requirements of subsections (1) and (9) of this
section shall not apply to the state legislative branch. The
state legislature shall have access to information or records
deemed private and confidential under this chapter, if the legislature or a legislative committee finds that the information
or records are necessary and for official purposes. If the
employment security department does not make information
or records available as provided in this subsection, the legislature may exercise its authority granted by chapter 44.16
RCW.
[2003 RCW Supp—page 721]
50.13.060
Title 50 RCW: Unemployment Compensation
(3) In cases of emergency the governmental agency
requesting access shall not be required to formally comply
with the provisions of subsection (1) of this section at the
time of the request if the procedures required by subsection
(1) of this section are complied with by the requesting agency
following the receipt of any records or information deemed
private and confidential under this chapter. An emergency is
defined as a situation in which irreparable harm or damage
could occur if records or information are not released immediately.
(4) The requirements of subsection (1)(c) of this section
shall not apply to governmental agencies where the procedures would frustrate the investigation of possible violations
of criminal laws or to the release of employing unit names,
addresses, number of employees, and aggregate employer
wage data for the purpose of state governmental agencies preparing small business economic impact statements under
chapter 19.85 RCW or preparing cost-benefit analyses under
RCW 34.05.328(1) (c) and (d). Information provided by the
department and held to be private and confidential under state
or federal laws must not be misused or released to unauthorized parties. A person who misuses such information or
releases such information to unauthorized parties is subject to
the sanctions in RCW 50.13.080.
(5) Governmental agencies shall have access to certain
records or information, limited to such items as names,
addresses, social security numbers, and general information
about benefit entitlement or employer information possessed
by the department, for comparison purposes with records or
information possessed by the requesting agency to detect
improper or fraudulent claims, or to determine potential tax
liability or employer compliance with registration and licensing requirements. In those cases the governmental agency
shall not be required to comply with subsection (1)(c) of this
section, but the requirements of the remainder of subsection
(1) of this section must be satisfied.
(6) Governmental agencies may have access to certain
records and information, limited to employer information
possessed by the department for purposes authorized in chapter 50.38 RCW. Access to these records and information is
limited to only those individuals conducting authorized statistical analysis, research, and evaluation studies. Only in
cases consistent with the purposes of chapter 50.38 RCW are
government agencies not required to comply with subsection
(1)(c) of this section, but the requirements of the remainder of
subsection (1) of this section must be satisfied. Information
provided by the department and held to be private and confidential under state or federal laws shall not be misused or
released to unauthorized parties subject to the sanctions in
RCW 50.13.080.
(7) Disclosure to governmental agencies of information
or records obtained by the employment security department
from the federal government shall be governed by any applicable federal law or any agreement between the federal government and the employment security department where so
required by federal law. When federal law does not apply to
the records or information state law shall control.
(8) The department may provide information for purposes of statistical analysis and evaluation of the WorkFirst
program or any successor state welfare program to the department of social and health services, the office of financial
[2003 RCW Supp—page 722]
management, and other governmental entities with oversight
or evaluation responsibilities for the program in accordance
with RCW 43.20A.080. The confidential information provided by the department shall remain the property of the
department and may be used by the authorized requesting
agencies only for statistical analysis, research, and evaluation
purposes as provided in RCW 74.08A.410 and 74.08A.420.
The department of social and health services, the office of
financial management, or other governmental entities with
oversight or evaluation responsibilities for the program are
not required to comply with subsection (1)(c) of this section,
but the requirements of the remainder of subsection (1) of this
section and applicable federal laws and regulations must be
satisfied. The confidential information used for evaluation
and analysis of welfare reform supplied to the authorized
requesting entities with regard to the WorkFirst program or
any successor state welfare program are exempt from public
inspection and copying under RCW 42.17.310.
(9) The disclosure of any records or information by a
governmental agency which has obtained the records or
information under this section is prohibited unless the disclosure is directly connected to the official purpose for which the
records or information were obtained.
(10) In conducting periodic salary or fringe benefit studies pursuant to law, the department of personnel shall have
access to records of the employment security department as
may be required for such studies. For such purposes, the
requirements of subsection (1)(c) of this section need not
apply.
(11)(a) To promote the reemployment of job seekers, the
commissioner may enter into data-sharing contracts with
partners of the one-stop career development system. The
contracts shall provide for the transfer of data only to the
extent that the transfer is necessary for the efficient provisions of work force programs, including but not limited to
public labor exchange, unemployment insurance, worker
training and retraining, vocational rehabilitation, vocational
education, adult education, transition from public assistance,
and support services. The transfer of information under contracts with one-stop partners is exempt from subsection (1)(c)
of this section.
(b) An individual who applies for services from the
department and whose information will be shared under (a)
of this subsection (11) must be notified that his or her private
and confidential information in the department's records will
be shared among the one-stop partners to facilitate the delivery of one-stop services to the individual. The notice must
advise the individual that he or she may request that private
and confidential information not be shared among the onestop partners and the department must honor the request. In
addition, the notice must:
(i) Advise the individual that if he or she requests that
private and confidential information not be shared among
one-stop partners, the request will in no way affect eligibility
for services;
(ii) Describe the nature of the information to be shared,
the general use of the information by one-stop partner representatives, and among whom the information will be shared;
(iii) Inform the individual that shared information will be
used only for the purpose of delivering one-stop services and
that further disclosure of the information is prohibited under
Funds
contract and is not subject to disclosure under RCW
42.17.310; and
(iv) Be provided in English and an alternative language
selected by the one-stop center or job service center as appropriate for the community where the center is located.
If the notice is provided in-person, the individual who
does not want private and confidential information shared
among the one-stop partners must immediately advise the
one-stop partner representative of that decision. The notice
must be provided to an individual who applies for services
telephonically, electronically, or by mail, in a suitable format
and within a reasonable time after applying for services,
which shall be no later than ten working days from the
department's receipt of the application for services. A onestop representative must be available to answer specific questions regarding the nature, extent, and purpose for which the
information may be shared.
(12) To facilitate improved operation and evaluation of
state programs, the commissioner may enter into data-sharing
contracts with other state agencies only to the extent that such
transfer is necessary for the efficient operation or evaluation
of outcomes for those programs. The transfer of information
by contract under this subsection is exempt from subsection
(1)(c) of this section.
(13) The misuse or unauthorized release of records or
information by any person or organization to which access is
permitted by this chapter subjects the person or organization
to a civil penalty of five thousand dollars and other applicable
sanctions under state and federal law. Suit to enforce this
section shall be brought by the attorney general and the
amount of any penalties collected shall be paid into the
employment security department administrative contingency
fund. The attorney general may recover reasonable attorneys'
fees for any action brought to enforce this section. [2003 c
165 § 3; 2000 c 134 § 2. Prior: 1997 c 409 § 605; 1997 c 58
§ 1004; 1996 c 79 § 1; 1993 c 281 § 59; 1981 c 177 § 1; 1979
ex.s. c 177 § 1; 1977 ex.s. c 153 § 6.]
Findings—2000 c 134: "The legislature finds that individuals in need
of employment and related services would be better served by integrating
employment and training services to form a comprehensive network of state
and local programs, called a one-stop career development system. Successful integration of employment and training services demands prompt and
efficient exchange of information among service providers. The legislature
further finds that efficient operation of state programs and their evaluation
demand at times information held by the employment security department.
Current restrictions on information exchange hamper this coordination,
resulting in increased administrative costs, reduced levels of service, and
fewer positive outcomes than could otherwise be achieved." [2000 c 134 §
1.]
Conflict with federal requirements—2000 c 134: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this
act. Rules adopted under this act must meet federal requirements that are a
necessary condition to the receipt of federal funds by the state or the granting
of federal unemployment tax credits to employers in this state." [2000 c 134
§ 4.]
Severability—2000 c 134: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2000 c 134 § 5.]
Effective date—1997 c 409 § 605: "Section 605 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or sup-
50.16.010
port of the state government and its existing public institutions, and takes
effect immediately [May 19, 1997]." [1997 c 409 § 608.]
Part headings—Severability—1997 c 409: See notes following RCW
43.22.051.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Conflict with federal requirements—1996 c 79: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1996 c 79 § 3.]
Effective date—1996 c 79: "This act shall take effect July 1, 1996."
[1996 c 79 § 4.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Chapter 50.16
Chapter 50.16 RCW
FUNDS
Sections
50.16.010
50.16.015
Unemployment compensation fund—Administrative contingency fund—Federal interest payment fund.
Federal interest payment fund—Establishment.
50.16.010
50.16.010 Unemployment compensation fund—
Administrative contingency fund—Federal interest payment fund. (1) There shall be maintained as special funds,
separate and apart from all public moneys or funds of this
state an unemployment compensation fund, an administrative
contingency fund, and a federal interest payment fund, which
shall be administered by the commissioner exclusively for
the purposes of this title, and to which RCW 43.01.050 shall
not be applicable.
(2)(a) The unemployment compensation fund shall consist of:
(i) All contributions collected under RCW 50.24.010 and
payments in lieu of contributions collected pursuant to the
provisions of this title;
(ii) Any property or securities acquired through the use
of moneys belonging to the fund;
(iii) All earnings of such property or securities;
(iv) Any moneys received from the federal unemployment account in the unemployment trust fund in accordance
with Title XII of the social security act, as amended;
(v) All money recovered on official bonds for losses sustained by the fund;
(vi) All money credited to this state's account in the
unemployment trust fund pursuant to section 903 of the
social security act, as amended;
(vii) All money received from the federal government as
reimbursement pursuant to section 204 of the federal-state
extended compensation act of 1970 (84 Stat. 708-712; 26
U.S.C. Sec. 3304); and
(viii) All moneys received for the fund from any other
source.
(b) All moneys in the unemployment compensation fund
shall be commingled and undivided.
[2003 RCW Supp—page 723]
50.16.015
Title 50 RCW: Unemployment Compensation
(3)(a) Except as provided in (b) of this subsection, the
administrative contingency fund shall consist of:
(i) All interest on delinquent contributions collected pursuant to this title;
(ii) All fines and penalties collected pursuant to the provisions of this title;
(iii) All sums recovered on official bonds for losses sustained by the fund; and
(iv) Revenue received under RCW 50.24.014.
(b) All fees, fines, forfeitures, and penalties collected or
assessed by a district court because of the violation of this
title or rules adopted under this title shall be remitted as provided in chapter 3.62 RCW.
(c) Moneys available in the administrative contingency
fund, other than money in the special account created under
RCW 50.24.014(1)(a), shall be expended upon the direction
of the commissioner, with the approval of the governor,
whenever it appears to him or her that such expenditure is
necessary solely for:
(i) The proper administration of this title and no federal
funds are available for the specific purpose to which such
expenditure is to be made, provided, the moneys are not substituted for appropriations from federal funds which, in the
absence of such moneys, would be made available.
(ii) The proper administration of this title for which purpose appropriations from federal funds have been requested
but not yet received, provided, the administrative contingency fund will be reimbursed upon receipt of the requested
federal appropriation.
(iii) The proper administration of this title for which
compliance and audit issues have been identified that establish federal claims requiring the expenditure of state
resources in resolution. Claims must be resolved in the following priority: First priority is to provide services to eligible participants within the state; second priority is to provide
substitute services or program support; and last priority is the
direct payment of funds to the federal government.
(d) During the 2003-2005 fiscal biennium, the cost of the
job skills program and the alliance for corporate education at
community and technical colleges as appropriated by the legislature.
Money in the special account created under RCW
50.24.014(1)(a) may only be expended, after appropriation,
for the purposes specified in this section and RCW
50.62.010, 50.62.020, 50.62.030, 50.24.014, 50.44.053, and
50.22.010. [2003 2nd sp.s. c 4 § 23; 2003 1st sp.s. c 25 § 925;
2002 c 371 § 914. Prior: 1993 c 483 § 7; 1993 c 226 § 10;
1993 c 226 § 9; 1991 sp.s. c 13 § 59; 1987 c 202 § 218; 1985
ex.s. c 5 § 6; 1983 1st ex.s. c 13 § 5; 1980 c 142 § 1; 1977
ex.s. c 292 § 24; 1973 c 73 § 4; 1969 ex.s. c 199 § 27; 1959 c
170 § 1; 1955 c 286 § 2; 1953 ex.s. c 8 § 5; 1945 c 35 § 60;
Rem. Supp. 1945 § 9998-198; prior: 1943 c 127 § 6; 1941 c
253 §§ 7, 10; 1939 c 214 § 11; 1937 c 162 § 13.]
Reviser's note: This section was amended by 2003 1st sp.s. c 25 § 925
and by 2003 2nd sp.s. c 4 § 23, each without reference to the other. Both
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Conflict with federal requirements—Severability—1993 c 483: See
notes following RCW 50.04.293.
Effective dates—1993 c 226 §§ 10, 12, and 14: "(1) Sections 10 and
12 of this act shall take effect June 30, 1999;
(2) Section 14 of this act shall take effect January 1, 1998." [1993 c
226 § 20.]
Conflict with federal requirements—1993 c 226: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1993 c 226 § 21.]
Severability—1993 c 226: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1993 c 226 § 22.]
Application—1993 c 226: "This act applies to tax rate years beginning
with tax rate year 1994." [1993 c 226 § 23.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Intent—1987 c 202: See note following RCW 2.04.190.
Conflict with federal requirements—Severability—1985 ex.s. c 5:
See notes following RCW 50.62.010.
Conflict with federal requirements—1983 1st ex.s. c 13: "If any part
of this act is found to be in conflict with federal requirements which are a
prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is hereby declared to be inoperative solely to the
extent of the conflict, and such finding or determination shall not affect the
operation of the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal
funds by the state." [1983 1st ex.s. c 13 § 13.]
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
Effective dates—1973 c 73: See note following RCW 50.04.030.
50.16.015
50.16.015 Federal interest payment fund—Establishment. A separate and identifiable fund to provide for the
payment of interest on advances received from this state's
account in the federal unemployment trust fund shall be
established and administered under the direction of the commissioner. This fund shall be known as the federal interest
payment fund and shall consist of contributions paid under
RCW 50.16.070. All money in this fund shall be expended
solely for the payment of interest on advances received from
this state's account in the federal unemployment trust fund
and for no other purposes whatsoever. [2003 2nd sp.s. c 4 §
24; 1983 1st ex.s. c 13 § 6.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Conflict with federal requirements—1983 1st ex.s. c 13: See note following RCW 50.22.100.
Chapter 50.20
Sections
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
50.20.010
50.20.015
50.20.041
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
50.20.043
[2003 RCW Supp—page 724]
Chapter 50.20 RCW
BENEFITS AND CLAIMS
Benefit eligibility conditions.
Repealed.
Health care professionals who have contracted hepatitis C—
Training.
Training provision.
Benefits and Claims
50.20.045
50.20.050
50.20.043
Repealed.
Disqualification for leaving work voluntarily without good
cause.
Disqualification from benefits due to misconduct.
Cancellation of hourly wage credits due to felony or gross misdemeanor.
Disqualification from benefits due to misconduct—Cancellation of hourly wage credits due to gross misconduct.
Suitable work factors.
Part-time workers.
Amount of benefits.
Repealed.
Redetermination.
Recovery of benefit payments.
Job search monitoring.
RCW 50.22.020 with respect to benefits claimed in excess of
twenty-six times the individual's weekly benefit amount.
(2) An individual's eligibility period for regular benefits
shall be coincident to his or her established benefit year. An
individual's eligibility period for additional or extended benefits shall be the periods prescribed elsewhere in this title for
such benefits. [2003 2nd sp.s. c 4 § 3; 1995 c 381 § 1; 1981
c 35 § 3; 1973 c 73 § 6; 1970 ex.s. c 2 § 4; 1959 c 266 § 3;
1953 ex.s. c 8 § 7; 1951 c 265 § 9; 1951 c 215 § 11; 1949 c
214 § 9; 1945 c 35 § 68; Rem. Supp. 1949 § 9998-206. Prior:
1943 c 127 § 2; 1941 c 253 §§ 1, 2; 1939 c 214 § 2; 1937 c
162 § 4.]
50.20.010 Benefit eligibility conditions. (1) An unemployed individual shall be eligible to receive waiting period
credits or benefits with respect to any week in his or her eligibility period only if the commissioner finds that:
(a) He or she has registered for work at, and thereafter
has continued to report at, an employment office in accordance with such regulation as the commissioner may prescribe, except that the commissioner may by regulation waive
or alter either or both of the requirements of this subdivision
as to individuals attached to regular jobs and as to such other
types of cases or situations with respect to which the commissioner finds that the compliance with such requirements
would be oppressive, or would be inconsistent with the purposes of this title;
(b) He or she has filed an application for an initial determination and made a claim for waiting period credit or for
benefits in accordance with the provisions of this title;
(c) He or she is able to work, and is available for work in
any trade, occupation, profession, or business for which he or
she is reasonably fitted.
(i) With respect to claims that have an effective date
before January 4, 2004, to be available for work an individual
must be ready, able, and willing, immediately to accept any
suitable work which may be offered to him or her and must be
actively seeking work pursuant to customary trade practices
and through other methods when so directed by the commissioner or the commissioner's agents.
(ii) With respect to claims that have an effective date on
or after January 4, 2004, to be available for work an individual must be ready, able, and willing, immediately to accept
any suitable work which may be offered to him or her and
must be actively seeking work pursuant to customary trade
practices and through other methods when so directed by the
commissioner or the commissioner's agents. If a labor agreement or dispatch rules apply, customary trade practices must
be in accordance with the applicable agreement or rules;
(d) He or she has been unemployed for a waiting period
of one week;
(e) He or she participates in reemployment services if the
individual has been referred to reemployment services pursuant to the profiling system established by the commissioner
under RCW 50.20.011, unless the commissioner determines
that:
(i) The individual has completed such services; or
(ii) There is justifiable cause for the claimant's failure to
participate in such services; and
(f) As to weeks beginning after March 31, 1981, which
fall within an extended benefit period as defined in RCW
50.22.010, the individual meets the terms and conditions of
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
50.20.060
50.20.065
50.20.066
50.20.100
50.20.119
50.20.120
50.20.125
50.20.160
50.20.190
50.20.240
50.20.010
Conflict with federal requirements—1995 c 381: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1995 c 381 § 5.]
Effective date—1995 c 381: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 16, 1995]." [1995 c 381 § 6.]
Construction—Effective dates—Severability—1981 c 35: See notes
following RCW 50.22.030.
Effective dates—1973 c 73: See note following RCW 50.04.030.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
Severability—1951 c 265: See note following RCW 50.98.070.
Government or retirement pension plan payments as remuneration or
wages—Recovery of excess over benefits allowable, limitations: RCW
50.04.323.
50.20.015
50.20.015 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
50.20.041
50.20.041 Health care professionals who have contracted hepatitis C—Training. (1) Credentialed health care
professionals listed in RCW 18.130.040 shall be deemed to
be dislocated workers for the purpose of commissioner
approval of training under RCW 50.20.043 if they are unemployed as a result of contracting hepatitis C in the course of
employment and are unable to continue to work in their profession because of a significant risk that such work would
pose to other persons and that risk cannot be eliminated.
(2) For purposes of subsection (1) of this section, a
health care professional who was employed on a full-time
basis in their profession shall be presumed to have contracted
hepatitis C in the course of employment. This presumption
may be rebutted by a preponderance of the evidence that
demonstrates that the health care professional contracted hepatitis C as a result of activities or circumstances not related to
employment. [2003 c 273 § 4.]
50.20.043
50.20.043 Training provision. No otherwise eligible
individual shall be denied benefits for any week because the
individual is in training with the approval of the commissioner, nor shall such individual be denied benefits with
respect to any week in which the individual is satisfactorily
[2003 RCW Supp—page 725]
50.20.045
Title 50 RCW: Unemployment Compensation
progressing in a training program with the approval of the
commissioner by reason of the application of RCW
50.20.010(1)(c), 50.20.080, or 50.22.020(1) relating to availability for work and active search for work, or failure to apply
for or refusal to accept suitable work.
An individual who the commissioner determines to be a
dislocated worker as defined by RCW 50.04.075 and who is
satisfactorily progressing in a training program approved by
the commissioner shall be considered to be in training with
the approval of the commissioner. [2003 2nd sp.s. c 4 § 30;
1985 c 40 § 1; 1984 c 181 § 2; 1971 c 3 § 12.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Conflict with federal requirements—1985 c 40: "If any part of this
act is found to be in conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1985 c 40 § 2.]
Severability—1985 c 40: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1985 c 40 § 3.]
Effective date—1985 c 40: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1985." [1985 c 40 § 4.]
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
50.20.045
50.20.045 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
50.20.050
50.20.050 Disqualification for leaving work voluntarily without good cause. (1) With respect to claims that have
an effective date before January 4, 2004:
(a) An individual shall be disqualified from benefits
beginning with the first day of the calendar week in which he
or she has left work voluntarily without good cause and thereafter for seven calendar weeks and until he or she has
obtained bona fide work in employment covered by this title
and earned wages in that employment equal to seven times
his or her weekly benefit amount.
The disqualification shall continue if the work obtained
is a mere sham to qualify for benefits and is not bona fide
work. In determining whether work is of a bona fide nature,
the commissioner shall consider factors including but not
limited to the following:
(i) The duration of the work;
(ii) The extent of direction and control by the employer
over the work; and
(iii) The level of skill required for the work in light of the
individual's training and experience.
(b) An individual shall not be considered to have left
work voluntarily without good cause when:
(i) He or she has left work to accept a bona fide offer of
bona fide work as described in (a) of this subsection;
(ii) The separation was because of the illness or disability of the claimant or the death, illness, or disability of a
member of the claimant's immediate family if the claimant
[2003 RCW Supp—page 726]
took all reasonable precautions, in accordance with any regulations that the commissioner may prescribe, to protect his or
her employment status by having promptly notified the
employer of the reason for the absence and by having
promptly requested reemployment when again able to
assume employment: PROVIDED, That these precautions
need not have been taken when they would have been a futile
act, including those instances when the futility of the act was
a result of a recognized labor/management dispatch system;
(iii) He or she has left work to relocate for the spouse's
employment that is due to an employer-initiated mandatory
transfer that is outside the existing labor market area if the
claimant remained employed as long as was reasonable prior
to the move; or
(iv) The separation was necessary to protect the claimant
or the claimant's immediate family members from domestic
violence, as defined in RCW 26.50.010, or stalking, as
defined in RCW 9A.46.110.
(c) In determining under this subsection whether an individual has left work voluntarily without good cause, the commissioner shall only consider work-connected factors such as
the degree of risk involved to the individual's health, safety,
and morals, the individual's physical fitness for the work, the
individual's ability to perform the work, and such other work
connected factors as the commissioner may deem pertinent,
including state and national emergencies. Good cause shall
not be established for voluntarily leaving work because of its
distance from an individual's residence where the distance
was known to the individual at the time he or she accepted the
employment and where, in the judgment of the department,
the distance is customarily traveled by workers in the individual's job classification and labor market, nor because of any
other significant work factor which was generally known and
present at the time he or she accepted employment, unless the
related circumstances have so changed as to amount to a substantial involuntary deterioration of the work factor or unless
the commissioner determines that other related circumstances would work an unreasonable hardship on the individual were he or she required to continue in the employment.
(d) Subsection (1)(a) and (c) of this section shall not
apply to an individual whose marital status or domestic
responsibilities cause him or her to leave employment. Such
an individual shall not be eligible for unemployment insurance benefits beginning with the first day of the calendar
week in which he or she left work and thereafter for seven
calendar weeks and until he or she has requalified, either by
obtaining bona fide work in employment covered by this title
and earning wages in that employment equal to seven times
his or her weekly benefit amount or by reporting in person to
the department during ten different calendar weeks and certifying on each occasion that he or she is ready, able, and willing to immediately accept any suitable work which may be
offered, is actively seeking work pursuant to customary trade
practices, and is utilizing such employment counseling and
placement services as are available through the department.
This subsection does not apply to individuals covered by
(b)(ii) or (iii) of this subsection.
(2) With respect to claims that have an effective date on
or after January 4, 2004:
(a) An individual shall be disqualified from benefits
beginning with the first day of the calendar week in which he
Benefits and Claims
or she has left work voluntarily without good cause and thereafter for seven calendar weeks and until he or she has
obtained bona fide work in employment covered by this title
and earned wages in that employment equal to seven times
his or her weekly benefit amount.
The disqualification shall continue if the work obtained
is a mere sham to qualify for benefits and is not bona fide
work. In determining whether work is of a bona fide nature,
the commissioner shall consider factors including but not
limited to the following:
(i) The duration of the work;
(ii) The extent of direction and control by the employer
over the work; and
(iii) The level of skill required for the work in light of the
individual's training and experience.
(b) An individual is not disqualified from benefits under
(a) of this subsection when:
(i) He or she has left work to accept a bona fide offer of
bona fide work as described in (a) of this subsection;
(ii) The separation was necessary because of the illness
or disability of the claimant or the death, illness, or disability
of a member of the claimant's immediate family if:
(A) The claimant pursued all reasonable alternatives to
preserve his or her employment status by requesting a leave
of absence, by having promptly notified the employer of the
reason for the absence, and by having promptly requested
reemployment when again able to assume employment.
These alternatives need not be pursued, however, when they
would have been a futile act, including those instances when
the futility of the act was a result of a recognized labor/management dispatch system; and
(B) The claimant terminated his or her employment status, and is not entitled to be reinstated to the same position or
a comparable or similar position;
(iii) He or she: (A) Left work to relocate for the spouse's
employment that, due to a mandatory military transfer: (I) Is
outside the existing labor market area; and (II) is in Washington or another state that, pursuant to statute, does not consider
such an individual to have left work voluntarily without good
cause; and (B) remained employed as long as was reasonable
prior to the move;
(iv) The separation was necessary to protect the claimant
or the claimant's immediate family members from domestic
violence, as defined in RCW 26.50.010, or stalking, as
defined in RCW 9A.46.110;
(v) The individual's usual compensation was reduced by
twenty-five percent or more;
(vi) The individual's usual hours were reduced by
twenty-five percent or more;
(vii) The individual's worksite changed, such change
caused a material increase in distance or difficulty of travel,
and, after the change, the commute was greater than is customary for workers in the individual's job classification and
labor market;
(viii) The individual's worksite safety deteriorated, the
individual reported such safety deterioration to the employer,
and the employer failed to correct the hazards within a reasonable period of time;
(ix) The individual left work because of illegal activities
in the individual's worksite, the individual reported such
50.20.065
activities to the employer, and the employer failed to end
such activities within a reasonable period of time; or
(x) The individual's usual work was changed to work that
violates the individual's religious convictions or sincere
moral beliefs. [2003 2nd sp.s. c 4 § 4; 2002 c 8 § 1; 2000 c 2
§ 12; 1993 c 483 § 8; 1982 1st ex.s. c 18 § 6; 1981 c 35 § 4;
1980 c 74 § 5; 1977 ex.s. c 33 § 4; 1970 ex.s. c 2 § 21; 1953
ex.s. c 8 § 8; 1951 c 215 § 12; 1949 c 214 § 12; 1947 c 215 §
15; 1945 c 35 § 73; Rem. Supp. 1949 § 9998-211. Prior:
1943 c 127 § 3; 1941 c 253 § 3; 1939 c 214 § 3; 1937 c 162 §
5.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note following
RCW 50.22.150.
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
Severability—Conflict with federal requirements—1982 1st ex.s. c
18: See notes following RCW 50.12.200.
Severability—1981 c 35: See note following RCW 50.22.030.
Severability—1980 c 74: See note following RCW 50.04.323.
Effective dates—Construction—1977 ex.s. c 33: See notes following
RCW 50.04.030.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
50.20.060
50.20.060 Disqualification from benefits due to misconduct. With respect to claims that have an effective date
before January 4, 2004, an individual shall be disqualified
from benefits beginning with the first day of the calendar
week in which he or she has been discharged or suspended
for misconduct connected with his or her work and thereafter
for seven calendar weeks and until he or she has obtained
bona fide work in employment covered by this title and
earned wages in that employment equal to seven times his or
her weekly benefit amount. Alcoholism shall not constitute a
defense to disqualification from benefits due to misconduct.
[2003 2nd sp.s. c 4 § 7; 2000 c 2 § 13; 1993 c 483 § 9; 1982
1st ex.s. c 18 § 16; 1977 ex.s. c 33 § 5; 1970 ex.s. c 2 § 22;
1953 ex.s. c 8 § 9; 1951 c 215 § 13; 1949 c 214 § 13; 1947 c
215 § 16; 1945 c 35 § 74; Rem. Supp. 1949 § 9998-212.
Prior: 1943 c 127 § 3; 1941 c 253 § 3; 1939 c 214 § 3; 1937
c 162 § 5.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note following
RCW 50.22.150.
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
Severability—Conflict with federal requirements—1982 1st ex.s. c
18: See notes following RCW 50.12.200.
Effective dates—Construction—1977 ex.s. c 33: See notes following
RCW 50.04.030.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
50.20.065
50.20.065 Cancellation of hourly wage credits due to
felony or gross misdemeanor. With respect to claims that
have an effective date before January 4, 2004:
[2003 RCW Supp—page 727]
50.20.066
Title 50 RCW: Unemployment Compensation
(1) An individual who has been discharged from his or
her work because of a felony or gross misdemeanor of which
he or she has been convicted, or has admitted committing to
a competent authority, and that is connected with his or her
work shall have all hourly wage credits based on that employment canceled.
(2) The employer shall notify the department of such an
admission or conviction, not later than six months following
the admission or conviction.
(3) The claimant shall disclose any conviction of the
claimant of a work-connected felony or gross misdemeanor
occurring in the previous two years to the department at the
time of application for benefits.
(4) All benefits that are paid in error based on wage/hour
credits that should have been removed from the claimant's
base year are recoverable, notwithstanding RCW 50.20.190
or 50.24.020 or any other provisions of this title. [2003 2nd
sp.s. c 4 § 8; 1993 c 483 § 11.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
50.20.066
50.20.066 Disqualification from benefits due to misconduct—Cancellation of hourly wage credits due to
gross misconduct. With respect to claims that have an effective date on or after January 4, 2004:
(1) An individual shall be disqualified from benefits
beginning with the first day of the calendar week in which he
or she has been discharged or suspended for misconduct connected with his or her work and thereafter for ten calendar
weeks and until he or she has obtained bona fide work in
employment covered by this title and earned wages in that
employment equal to ten times his or her weekly benefit
amount. Alcoholism shall not constitute a defense to disqualification from benefits due to misconduct.
(2) An individual who has been discharged from his or
her work because of gross misconduct shall have all hourly
wage credits based on that employment or six hundred eighty
hours of wage credits, whichever is greater, canceled.
(3) The employer shall notify the department of a felony
or gross misdemeanor of which an individual has been convicted, or has admitted committing to a competent authority,
not later than six months following the admission or conviction.
(4) The claimant shall disclose any conviction of the
claimant of a work-connected felony or gross misdemeanor
occurring in the previous two years to the department at the
time of application for benefits.
(5) All benefits that are paid in error based on this section
are recoverable, notwithstanding RCW 50.20.190 or
50.24.020 or any other provisions of this title. [2003 2nd
sp.s. c 4 § 9.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
50.20.100
50.20.100 Suitable work factors. (1) Suitable work for
an individual is employment in an occupation in keeping with
the individual's prior work experience, education, or training
and if the individual has no prior work experience, special
education, or training for employment available in the gen[2003 RCW Supp—page 728]
eral area, then employment which the individual would have
the physical and mental ability to perform. In determining
whether work is suitable for an individual, the commissioner
shall also consider the degree of risk involved to the individual's health, safety, and morals, the individual's physical fitness, the individual's length of unemployment and prospects
for securing local work in the individual's customary occupation, the distance of the available work from the individual's
residence, and such other factors as the commissioner may
deem pertinent, including state and national emergencies.
(2) For individuals with base year work experience in
agricultural labor, any agricultural labor available from any
employer shall be deemed suitable unless it meets conditions
in RCW 50.20.110 or the commissioner finds elements of
specific work opportunity unsuitable for a particular individual.
(3) For part-time workers as defined in RCW 50.20.119,
suitable work includes suitable work under subsection (1) of
this section that is for seventeen or fewer hours per week.
(4) For individuals who have qualified for unemployment compensation benefits under *RCW 50.20.050
(1)(b)(iii) or (2)(b)(v), as applicable, an evaluation of the suitability of the work must consider the individual's need to
address the physical, psychological, legal, and other effects
of domestic violence or stalking. [2003 2nd sp.s. c 4 § 13;
2002 c 8 § 2; 1989 c 380 § 80; 1977 ex.s. c 33 § 6; 1973 1st
ex.s. c 158 § 6; 1945 c 35 § 78; Rem. Supp. 1945 § 9998216.]
*Reviser's note: The reference to RCW 50.20.050 (1)(b)(iii) or
(2)(b)(v) appears to be erroneous. Reference to RCW 50.20.050 (1)(b)(iv) or
(2)(b)(iv) was apparently intended.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Effective date—1989 c 380 §§ 78-81: See note following RCW
50.04.150.
Conflict with federal requirements—1989 c 380: See note following
RCW 50.04.150.
Severability—1989 c 380: See RCW 15.58.942 and 15.58.943.
Effective dates—Construction—1977 ex.s. c 33: See notes following
RCW 50.04.030.
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
50.20.119
50.20.119 Part-time workers. (1) With respect to
claims that have an effective date on or after January 2, 2005,
an otherwise eligible individual may not be denied benefits
for any week because the individual is a part-time worker and
is available for, seeks, applies for, or accepts only work of
seventeen or fewer hours per week by reason of the application of RCW 50.20.010(1)(c), 50.20.080, or 50.22.020(1)
relating to availability for work and active search for work, or
failure to apply for or refusal to accept suitable work.
(2) For purposes of this section, "part-time worker"
means an individual who: (a) Earned wages in "employment" in at least forty weeks in the individual's base year; and
(b) did not earn wages in "employment" in more than seventeen hours per week in any weeks in the individual's base
year. [2003 2nd sp.s. c 4 § 12.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Benefits and Claims
50.20.160
50.20.120
50.20.120 Amount of benefits. (1)(a) Subject to the
other provisions of this title, benefits shall be payable to any
eligible individual during the individual's benefit year in a
maximum amount equal to the lesser of thirty times the
weekly benefit amount, as determined in subsection (2) of
this section, or one-third of the individual's base year wages
under this title: PROVIDED, That as to any week which falls
in a n e xt end e d b e nef it p e ri od a s d e fin e d in R CW
50.22.010(1), an individual's eligibility for maximum benefits in excess of twenty-six times his or her weekly benefit
amount will be subject to the terms and conditions set forth in
RCW 50.22.020.
(b) With respect to claims that have an effective date on
or after the first Sunday of the calendar month immediately
following the month in which the commissioner finds that the
state unemployment rate is six and eight-tenths percent or
less, benefits shall be payable to any eligible individual during the individual's benefit year in a maximum amount equal
to the lesser of twenty-six times the weekly benefit amount,
as determined in subsection (2) of this section, or one-third of
the individual's base year wages under this title.
(2)(a) For claims with an effective date before January 4,
2004, an individual's weekly benefit amount shall be an
amount equal to one twenty-fifth of the average quarterly
wages of the individual's total wages during the two quarters
of the individual's base year in which such total wages were
highest.
(b) With respect to claims with an effective date on or
after January 4, 2004, and before January 2, 2005, an individual's weekly benefit amount shall be an amount equal to one
twenty-fifth of the average quarterly wages of the individual's
total wages during the three quarters of the individual's base
year in which such total wages were highest.
(c) With respect to claims with an effective date on or
after January 2, 2005, an individual's weekly benefit amount
shall be an amount equal to one percent of the total wages
paid in the individual's base year.
(3) The maximum and minimum amounts payable
weekly shall be determined as of each June 30th to apply to
benefit years beginning in the twelve-month period immediately following such June 30th.
(a)(i) With respect to claims that have an effective date
before January 4, 2004, the maximum amount payable
weekly shall be seventy percent of the "average weekly
wage" for the calendar year preceding such June 30th.
(ii) With respect to claims that have an effective date on
or after January 4, 2004, the maximum amount payable
weekly shall be either four hundred ninety-six dollars or
sixty-three percent of the "average weekly wage" for the calendar year preceding such June 30th, whichever is greater.
(b) The minimum amount payable weekly shall be fifteen percent of the "average weekly wage" for the calendar
year preceding such June 30th.
(4) If any weekly benefit, maximum benefit, or minimum benefit amount computed herein is not a multiple of one
dollar, it shall be reduced to the next lower multiple of one
dollar. [2003 2nd sp.s. c 4 § 11; 2002 c 149 § 4; 1993 c 483
§ 12; 1984 c 205 § 1; 1983 1st ex.s. c 23 § 11; 1981 c 35 § 5;
1980 c 74 § 3; 1977 ex.s. c 33 § 7; 1970 ex.s. c 2 § 5; 1959 c
321 § 2; 1955 c 209 § 1; 1951 c 265 § 11; 1949 c 214 § 16;
1945 c 35 § 80; Rem. Supp. 1949 § 9998-218. Prior: 1943 c
127 § 1; 1941 c 253 § 1; 1939 c 214 § 1; 1937 c 162 § 3.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Conflict with federal requirements—Severability—2002 c 149: See
notes following RCW 50.22.140.
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
Conflict with federal requirements—1984 c 205: "If any part of this
act is found to be in conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1984 c 205 § 11.]
Severability—1984 c 205: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 205 § 12.]
Effective dates—1984 c 205: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect immediately [March 21, 1984], except as follows:
(1) Sections 6 and 13 of this act shall take effect on January 1, 1985;
(2) Section 7 of this act shall be effective for compensable weeks of
unemployment beginning on or after January 6, 1985; and
(3) Section 9 of this act shall take effect on July 1, 1985." [1984 c 205
§ 14.]
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Construction—Effective dates—Severability—1981 c 35: See notes
following RCW 50.22.030.
Severability—Effective dates—1980 c 74: See notes following RCW
50.04.323.
Effective dates—Construction—1977 ex.s. c 33: See notes following
RCW 50.04.030.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
Effective date—1959 c 321: See note following RCW 50.20.080.
Severability—1951 c 265: See note following RCW 50.98.070.
50.20.125
50.20.125 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
50.20.160
50.20.160 Redetermination. (1) A determination of
amount of benefits potentially payable issued pursuant to the
provisions of RCW 50.20.120 and 50.20.140 shall not serve
as a basis for appeal but shall be subject to request by the
claimant for reconsideration and/or for redetermination by
the commissioner at any time within one year from the date
of delivery or mailing of such determination, or any redetermination thereof: PROVIDED, That in the absence of fraud
or misrepresentation on the part of the claimant, any benefits
paid prior to the date of any redetermination which reduces
the amount of benefits payable shall not be subject to recovery under the provisions of RCW 50.20.190. A denial of a
request to reconsider or a redetermination shall be furnished
the claimant in writing and provide the basis for appeal under
the provisions of RCW 50.32.020.
(2) A determination of denial of benefits issued under the
provisions of RCW 50.20.180 shall become final, in absence
of timely appeal therefrom: PROVIDED, That the commissioner may reconsider and redetermine such determinations
[2003 RCW Supp—page 729]
50.20.190
Title 50 RCW: Unemployment Compensation
at any time within one year from delivery or mailing to correct an error in identity, omission of fact, or misapplication of
law with respect to the facts.
(3) A determination of allowance of benefits shall
become final, in absence of a timely appeal therefrom: PROVIDED, That the commissioner may redetermine such allowance at any time within two years following the benefit year
in which such allowance was made in order to recover any
benefits improperly paid and for which recovery is provided
under the provisions of RCW 50.20.190: AND PROVIDED
FURTHER, That in the absence of fraud, misrepresentation,
or nondisclosure, this provision or the provisions of RCW
50.20.190 shall not be construed so as to permit redetermination or recovery of an allowance of benefits which having
been made after consideration of the provisions of RCW
50.20.010(1)(c), or the provisions of RCW 50.20.050,
50.20.060, 50.20.080, or 50.20.090 has become final.
(4) A redetermination may be made at any time: (a) To
conform to a final court decision applicable to either an initial
determination or a determination of denial or allowance of
benefits; (b) in the event of a back pay award or settlement
affecting the allowance of benefits; or (c) in the case of fraud,
misrepresentation, or willful nondisclosure. Written notice
of any such redetermination shall be promptly given by mail
or delivered to such interested parties as were notified of the
initial determination or determination of denial or allowance
of benefits and any new interested party or parties who, pursuant to such regulation as the commissioner may prescribe,
would be an interested party. [2003 2nd sp.s. c 4 § 31; 1990
c 245 § 4; 1959 c 266 § 4; 1953 ex.s. c 8 § 13; 1951 c 215 §
6; 1945 c 35 § 84; Rem. Supp. 1945 § 9998-222. Prior: 1941
c 253 § 4.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Conflict with federal requirements—1990 c 245: See note following
RCW 50.04.030.
50.20.190
50.20.190 Recovery of benefit payments. (1) An individual who is paid any amount as benefits under this title to
which he or she is not entitled shall, unless otherwise relieved
pursuant to this section, be liable for repayment of the
amount overpaid. The department shall issue an overpayment assessment setting forth the reasons for and the amount
of the overpayment. The amount assessed, to the extent not
collected, may be deducted from any future benefits payable
to the individual: PROVIDED, That in the absence of a back
pay award, a settlement affecting the allowance of benefits,
fraud, misrepresentation, or willful nondisclosure, every
determination of liability shall be mailed or personally served
not later than two years after the close of or final payment
made on the individual's applicable benefit year for which the
purported overpayment was made, whichever is later, unless
the merits of the claim are subjected to administrative or judicial review in which event the period for serving the determination of liability shall be extended to allow service of the
determination of liability during the six-month period following the final decision affecting the claim.
(2) The commissioner may waive an overpayment if the
commissioner finds that the overpayment was not the result
of fraud, misrepresentation, willful nondisclosure, or fault
attributable to the individual and that the recovery thereof
[2003 RCW Supp—page 730]
would be against equity and good conscience: PROVIDED,
HOWEVER, That the overpayment so waived shall be
charged against the individual's applicable entitlement for the
eligibility period containing the weeks to which the overpayment was attributed as though such benefits had been properly paid.
(3) Any assessment herein provided shall constitute a
determination of liability from which an appeal may be had in
the same manner and to the same extent as provided for
appeals relating to determinations in respect to claims for
benefits: PROVIDED, That an appeal from any determination covering overpayment only shall be deemed to be an
appeal from the determination which was the basis for establishing the overpayment unless the merits involved in the
issue set forth in such determination have already been heard
and passed upon by the appeal tribunal. If no such appeal is
taken to the appeal tribunal by the individual within thirty
days of the delivery of the notice of determination of liability,
or within thirty days of the mailing of the notice of determination, whichever is the earlier, the determination of liability
shall be deemed conclusive and final. Whenever any such
notice of determination of liability becomes conclusive and
final, the commissioner, upon giving at least twenty days
notice by certified mail return receipt requested to the individual's last known address of the intended action, may file
with the superior court clerk of any county within the state a
warrant in the amount of the notice of determination of liability plus a filing fee under RCW 36.18.012(10). The clerk of
the county where the warrant is filed shall immediately designate a superior court cause number for the warrant, and the
clerk shall cause to be entered in the judgment docket under
the superior court cause number assigned to the warrant, the
name of the person(s) mentioned in the warrant, the amount
of the notice of determination of liability, and the date when
the warrant was filed. The amount of the warrant as docketed
shall become a lien upon the title to, and any interest in, all
real and personal property of the person(s) against whom the
warrant is issued, the same as a judgment in a civil case duly
docketed in the office of such clerk. A warrant so docketed
shall be sufficient to support the issuance of writs of execution and writs of garnishment in favor of the state in the manner provided by law for a civil judgment. A copy of the warrant shall be mailed to the person(s) mentioned in the warrant
by certified mail to the person's last known address within
five days of its filing with the clerk.
(4) On request of any agency which administers an
employment security law of another state, the United States,
or a foreign government and which has found in accordance
with the provisions of such law that a claimant is liable to
repay benefits received under such law, the commissioner
may collect the amount of such benefits from the claimant to
be refunded to the agency. In any case in which under this
section a claimant is liable to repay any amount to the agency
of another state, the United States, or a foreign government,
such amounts may be collected without interest by civil
action in the name of the commissioner acting as agent for
such agency if the other state, the United States, or the foreign government extends such collection rights to the
employment security department of the state of Washington,
and provided that the court costs be paid by the governmental
agency benefiting from such collection.
Benefits and Claims
(5) Any employer who is a party to a back pay award or
settlement due to loss of wages shall, within thirty days of the
award or settlement, report to the department the amount of
the award or settlement, the name and social security number
of the recipient of the award or settlement, and the period for
which it is awarded. When an individual has been awarded or
receives back pay, for benefit purposes the amount of the
back pay shall constitute wages paid in the period for which
it was awarded. For contribution purposes, the back pay
award or settlement shall constitute wages paid in the period
in which it was actually paid. The following requirements
shall also apply:
(a) The employer shall reduce the amount of the back
pay award or settlement by an amount determined by the
department based upon the amount of unemployment benefits received by the recipient of the award or settlement during the period for which the back pay award or settlement
was awarded;
(b) The employer shall pay to the unemployment compensation fund, in a manner specified by the commissioner,
an amount equal to the amount of such reduction;
(c) The employer shall also pay to the department any
taxes due for unemployment insurance purposes on the entire
amount of the back pay award or settlement notwithstanding
any reduction made pursuant to (a) of this subsection;
(d) If the employer fails to reduce the amount of the back
pay award or settlement as required in (a) of this subsection,
the department shall issue an overpayment assessment
against the recipient of the award or settlement in the amount
that the back pay award or settlement should have been
reduced; and
(e) If the employer fails to pay to the department an
amount equal to the reduction as required in (b) of this subsection, the department shall issue an assessment of liability
against the employer which shall be collected pursuant to the
procedures for collection of assessments provided herein and
in RCW 50.24.110.
(6) When an individual fails to repay an overpayment
assessment that is due and fails to arrange for satisfactory
repayment terms, the commissioner shall impose an interest
penalty of one percent per month of the outstanding balance.
Interest shall accrue immediately on overpayments assessed
pursuant to RCW 50.20.070 and shall be imposed when the
assessment becomes final. For any other overpayment, interest shall accrue when the individual has missed two or more
of the individual's monthly payments either partially or in
full. The interest penalty shall be used, first, to fully fund
either social security number cross-match audits or other
more effective activities that ensure that individuals are entitled to all amounts of benefits that they are paid and, second,
to fund other detection and recovery of overpayment and collection activities. [2003 2nd sp.s. c 4 § 26; 2002 c 371 § 915;
2001 c 146 § 7; 1995 c 90 § 1; 1993 c 483 § 13; 1991 c 117 §
3; 1990 c 245 § 5; 1989 c 92 § 2; 1981 c 35 § 6; 1975 1st ex.s.
c 228 § 3; 1973 1st ex.s. c 158 § 7; 1953 ex.s. c 8 § 14; 1951
c 215 § 8; 1947 c 215 § 18; 1945 c 35 § 87; Rem. Supp. 1947
§ 9998-225. Prior: 1943 c 127 § 12; 1941 c 253 § 13; 1939
c 214 § 14; 1937 c 162 § 16.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
50.20.240
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Conflict with federal requirements—1995 c 90: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1995 c 90 § 2.]
Application—1995 c 90: "This act applies to job separations occurring
after July 1, 1995." [1995 c 90 § 3.]
Effective date—1995 c 90: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 18, 1995]." [1995 c 90 § 4.]
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
Conflict with federal requirements—Severability—Effective
dates—1991 c 117: See notes following RCW 50.04.030.
Conflict with federal requirements—1990 c 245: See note following
RCW 50.04.030.
Severability—1981 c 35: See note following RCW 50.22.030.
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
Government or retirement pension plan payments as remuneration or
wages—Recovery of excess over benefits allowable, limitations: RCW
50.04.323.
50.20.240
50.20.240 Job search monitoring. (1)(a) To ensure
that following the initial application for benefits, an individual is actively engaged in searching for work, the employment security department shall implement a job search monitoring program. Effective January 4, 2004, the department
shall contract with employment security agencies in other
states to ensure that individuals residing in those states and
receiving benefits under this title are actively engaged in
searching for work in accordance with the requirements of
this section. The department may use interactive voice technology and other electronic means to ensure that individuals
are subject to comparable job search monitoring, regardless
of whether they reside in Washington or elsewhere.
(b) Except for those individuals with employer attachment or union referral, individuals who qualify for unemployment compensation under *RCW 50.20.050 (1)(b)(iii) or
(2)(b)(v), as applicable, and individuals in commissionerapproved training, an individual who has received five or
more weeks of benefits under this title, regardless of whether
the individual resides in Washington or elsewhere, must provide evidence of seeking work, as directed by the commissioner or the commissioner's agents, for each week beyond
five in which a claim is filed. With regard to claims with an
effective date before January 4, 2004, the evidence must
demonstrate contacts with at least three employers per week
or documented in-person job search activity at the local
reemployment center. With regard to claims with an effective date on or after January 4, 2004, the evidence must demonstrate contacts with at least three employers per week or
documented in-person job search activities at the local reemployment center at least three times per week.
[2003 RCW Supp—page 731]
Chapter 50.24
Title 50 RCW: Unemployment Compensation
(c) In developing the requirements for the job search
monitoring program, the commissioner or the commissioner's agents shall utilize an existing advisory committee
having equal representation of employers and workers.
(2) Effective January 4, 2004, an individual who fails to
comply fully with the requirements for actively seeking work
under RCW 50.20.010 shall lose all benefits for all weeks
during which the individual was not in compliance, and the
individual shall be liable for repayment of all such benefits
under RCW 50.20.190. [2003 2nd sp.s. c 4 § 10; 2002 c 8 §
3; 1998 c 161 § 4.]
*Reviser's note: The reference to RCW 50.20.050 (1)(b)(iii) or
(2)(b)(v) appears to be erroneous. Reference to RCW 50.20.050 (1)(b)(iv) or
(2)(b)(iv) was apparently intended.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Finding—Intent—1998 c 161: See note following RCW 50.20.140.
Chapter 50.24
Chapter 50.24 RCW
CONTRIBUTIONS BY EMPLOYERS
Sections
50.24.010
50.24.014
Payment of contributions—Amount of wages subject to tax—
Wages paid by employers making payments in lieu of contributions not remuneration.
Financing special unemployment assistance—Financing the
employment security department's administrative costs—
Accounts—Contributions.
Contributions shall become due and be paid by each
employer to the treasurer for the unemployment compensation fund in accordance with such regulations as the commissioner may prescribe, and shall not be deducted, in whole or
in part, from the remuneration of individuals in employment
of the employer. Any deduction in violation of the provisions
of this section shall be unlawful.
In the payment of any contributions, a fractional part of
a cent shall be disregarded unless it amounts to one-half cent
or more, in which case it shall be increased to one cent. [2000
c 2 § 2; 1984 c 205 § 2; 1977 ex.s. c 33 § 9; 1971 c 3 § 13;
1970 ex.s. c 2 § 8; 1949 c 214 § 18; 1945 c 35 § 89; Rem.
Supp. 1949 § 9998-227. Prior: 1943 c 127 § 5; 1941 c 253 §
5; 1939 c 214 § 5; 1937 c 162 § 7.]
Reviser's note: Referendum Measure No. 53 was rejected by the voters
at the November 2002 election. This section has been returned to the status
existing before its amendment by 2002 c 149.
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note following
RCW 50.22.150.
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Conflict with federal requirements—Severability—Effective
dates—1984 c 205: See notes following RCW 50.20.120.
Effective dates—Construction—1977 ex.s. c 33: See notes following
RCW 50.04.030.
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
50.24.01450.24.010
50.24.010 Payment of contributions—Amount of
wages subject to tax—Wages paid by employers making
payments in lieu of contributions not remuneration. Contributions shall accrue and become payable by each employer
(except employers as described in RCW 50.44.010 who have
properly elected to make payments in lieu of contributions
and those employers who are required to make payments in
lieu of contributions) for each calendar year in which the
employer is subject to this title at the rate established pursuant to chapter 50.29 RCW.
In each rate year, the amount of wages subject to tax for
each individual shall be one hundred fifteen percent of the
amount of wages subject to tax for the previous year rounded
to the next lower one hundred dollars, except that the amount
of wages subject to tax in any rate year shall not exceed
eighty percent of the "average annual wage for contributions
purposes" for the second preceding calendar year rounded to
the next lower one hundred dollars. However, the amount
subject to tax shall be twenty-four thousand three hundred
dollars for rate year 2000.
In making computations under this section and RCW
50.29.010, wages paid based on services for employers making payments in lieu of contributions shall not be considered
remuneration. Moneys paid from the fund, based on services
performed for employers who make payments in lieu of contributions, which have not been reimbursed to the fund as of
any June 30 shall be deemed an asset of the unemployment
compensation fund, to the extent that such moneys exceed the
amount of payments in lieu of contributions which the commissioner has previously determined to be uncollectible:
PROVIDED, FURTHER, That the amount attributable to
employment with the state shall also include interest as provided for in RCW 50.44.020.
[2003 RCW Supp—page 732]
50.24.014 Financing special unemployment assistance—Financing the employment security department's
administrative costs—Accounts—Contributions. (1)(a) A
separate and identifiable account to provide for the financing
of special programs to assist the unemployed is established in
the administrative contingency fund. All money in this
account shall be expended solely for the purposes of this title
and for no other purposes whatsoever. Contributions to this
account shall accrue and become payable by each employer,
except employers as described in RCW 50.44.010 and
50.44.030 who have properly elected to make payments in
lieu of contributions, taxable local government employers as
described in RCW 50.44.035, and those employers who are
required to make payments in lieu of contributions, at a basic
rate of two one-hundredths of one percent. The amount of
wages subject to tax shall be determined under RCW
50.24.010.
(b) A separate and identifiable account is established in
the administrative contingency fund for financing the
employment security department's administrative cost under
RCW 50.22.150 and the costs under RCW 50.22.150(9). All
money in this account shall be expended solely for the purposes of this title and for no other purposes whatsoever. Contributions to this account shall accrue and become payable by
each employer, except employers as described in RCW
50.44.010 and 50.44.030 who have properly elected to make
payments in lieu of contributions, taxable local government
employers as described in RCW 50.44.035, those employers
who are required to make payments in lieu of contributions,
those employers described under RCW 50.29.025(1)(f)(ii),
and those qualified employers assigned rate class 20 or rate
class 40, as applicable, under RCW 50.29.025, at a basic rate
Employer Experience Rating
of one one-hundredth of one percent. The amount of wages
subject to tax shall be determined under RCW 50.24.010.
Any amount of contributions payable under this subsection
(1)(b) that exceeds the amount that would have been collected at a rate of four one-thousandths of one percent must
be deposited in the unemployment compensation trust fund.
(c) For the first calendar quarter of 1994 only, the basic
two one-hundredths of one percent contribution payable
under (a) of this subsection shall be increased by one-hundredth of one percent to a total rate of three one-hundredths
of one percent. The proceeds of this incremental one-hundredth of one percent shall be used solely for the purposes
described in section 22, chapter 483, Laws of 1993, and for
the purposes of conducting an evaluation of the call center
approach to unemployment insurance under section 5, chapter 161, Laws of 1998. During the 1997-1999 fiscal biennium, any surplus from contributions payable under this subsection (c) may be deposited in the unemployment compensation trust fund, used to support tax and wage automated
systems projects that simplify and streamline employer
reporting, or both.
(2)(a) Contributions under this section shall become due
and be paid by each employer under rules as the commissioner may prescribe, and shall not be deducted, in whole or
in part, from the remuneration of individuals in the employ of
the employer. Any deduction in violation of this section is
unlawful.
(b) In the payment of any contributions under this section, a fractional part of a cent shall be disregarded unless it
amounts to one-half cent or more, in which case it shall be
increased to one cent.
(3) If the commissioner determines that federal funding
has been increased to provide financing for the services specified in chapter 50.62 RCW, the commissioner shall direct
that collection of contributions under this section be terminated on the following January 1st. [2003 2nd sp.s. c 4 § 25;
2000 c 2 § 15. Prior: 1998 c 346 § 901; 1998 c 161 § 7; 1994
c 187 § 3; 1993 c 483 § 20; 1987 c 171 § 4; 1985 ex.s. c 5 § 8.]
Reviser's note: Referendum Measure No. 53 was rejected by the voters
at the November 2002 election. This section has been returned to the status
existing before its amendment by 2002 c 149.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note following
RCW 50.22.150.
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Construction—1998 c 346: "This act shall not be construed as affecting any right or cause of action asserted in Washington State Legislature v.
State of Washington (Thurston county superior court cause no. 98-2-001051)." [1998 c 346 § 912.]
Severability—1998 c 346: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1998 c 346 § 914.]
Effective date—1998 c 346: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 3, 1998]." [1998 c 346 § 915.]
Finding—Intent—1998 c 161: See note following RCW 50.20.140.
Conflict with federal requirements—1994 c 187: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
50.29.020
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1994 c 187 § 6.]
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
Conflict with federal requirements—Severability—1987 c 171: See
notes following RCW 50.62.010.
Conflict with federal requirements—Severability—1985 ex.s. c 5:
See notes following RCW 50.62.010.
Chapter 50.29
Chapter 50.29 RCW
EMPLOYER EXPERIENCE RATING
Sections
50.29.020
50.29.021
50.29.025
50.29.026
50.29.041
50.29.045
50.29.062
50.29.070
Experience rating accounts—Benefits not charged—Claims
with an effective date before January 4, 2004.
Experience rating accounts—Benefits not charged—Claims
with an effective date on or after January 4, 2004.
Contribution rate.
Modification of contribution rate.
Contribution rate—Solvency surcharge.
Repealed.
Contribution rates for predecessor and successor employers.
Notice of employer benefit charges and rate of contribution—
Review and appeal.
50.29.020
50.29.020 Experience rating accounts—Benefits not
charged—Claims with an effective date before January 4,
2004. (1) This section applies to benefits charged to the
experience rating accounts of employers for claims that have
an effective date before January 4, 2004.
(2) An experience rating account shall be established and
maintained for each employer, except employers as described
in RCW 50.44.010 and 50.44.030 who have properly elected
to make payments in lieu of contributions, taxable local government employers as described in RCW 50.44.035, and
those employers who are required to make payments in lieu
of contributions, based on existing records of the employment security department. Benefits paid to any eligible individuals shall be charged to the experience rating accounts of
each of such individual's employers during the individual's
base year in the same ratio that the wages paid by each
employer to the individual during the base year bear to the
wages paid by all employers to that individual during that
base year, except as otherwise provided in this section.
(3) The legislature finds that certain benefit payments, in
whole or in part, should not be charged to the experience rating accounts of employers except those employers described
in RCW 50.44.010 and 50.44.030 who have properly elected
to make payments in lieu of contributions, taxable local government employers described in RCW 50.44.035, and those
employers who are required to make payments in lieu of contributions, as follows:
(a) Benefits paid to any individuals later determined to
be ineligible shall not be charged to the experience rating
account of any contribution paying employer.
(b) Benefits paid to an individual filing under the provisions of chapter 50.06 RCW shall not be charged to the experience rating account of any contribution paying employer
only if:
[2003 RCW Supp—page 733]
50.29.021
Title 50 RCW: Unemployment Compensation
(i) The individual files under RCW 50.06.020(1) after
receiving crime victims' compensation for a disability resulting from a nonwork-related occurrence; or
(ii) The individual files under RCW 50.06.020(2).
(c) Benefits paid which represent the state's share of benefits payable as extended benefits defined under RCW
50.22.010(6) shall not be charged to the experience rating
account of any contribution paying employer.
(d) In the case of individuals who requalify for benefits
under RCW 50.20.050 or 50.20.060, benefits based on wage
credits earned prior to the disqualifying separation shall not
be charged to the experience rating account of the contribution paying employer from whom that separation took place.
(e) Individuals who qualify for benefits under RCW
50.20.050(1)(b)(iii) shall not have their benefits charged to
the experience rating account of any contribution paying
employer.
(f) In the case of individuals identified under *RCW
50.20.015, benefits paid with respect to a calendar quarter,
which exceed the total amount of wages earned in the state of
Washington in the higher of two corresponding calendar
quarters included within the individual's determination
period, as defined in *RCW 50.20.015, shall not be charged
to the experience rating account of any contribution paying
employer.
(4)(a) A contribution-paying base year employer, not
otherwise eligible for relief of charges for benefits under this
section, may receive such relief if the benefit charges result
from payment to an individual who:
(i) Last left the employ of such employer voluntarily for
reasons not attributable to the employer;
(ii) Was discharged for misconduct connected with his or
her work not a result of inability to meet the minimum job
requirements;
(iii) Is unemployed as a result of closure or severe curtailment of operation at the employer's plant, building, worksite, or other facility. This closure must be for reasons
directly attributable to a catastrophic occurrence such as fire,
flood, or other natural disaster; or
(iv) Continues to be employed on a regularly scheduled
permanent part-time basis by a base year employer and who
at some time during the base year was concurrently employed
and subsequently separated from at least one other base year
employer. Benefit charge relief ceases when the employment
relationship between the employer requesting relief and the
claimant is terminated. This subsection does not apply to
shared work employers under chapter 50.60 RCW.
(b) The employer requesting relief of charges under this
subsection must request relief in writing within thirty days
following mailing to the last known address of the notification of the valid initial determination of such claim, stating
the date and reason for the separation or the circumstances of
continued employment. The commissioner, upon investigation of the request, shall determine whether relief should be
granted. [2003 2nd sp.s. c 4 § 20. Prior: 2002 c 149 § 6;
2002 c 8 § 4; 2000 c 2 § 3; 1995 c 57 § 3; 1993 c 483 § 19;
1991 c 129 § 1; 1988 c 27 § 1; prior: 1987 c 213 § 3; 1987 c
2 § 2; prior: 1985 c 299 § 1; 1985 c 270 § 2; 1985 c 42 § 1;
1984 c 205 § 7; 1975 1st ex.s. c 228 § 6; 1970 ex.s. c 2 § 11.]
*Reviser's note: RCW 50.20.015 was repealed by 2003 2nd sp.s. c 4 §
35.
[2003 RCW Supp—page 734]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Conflict with federal requirements—Severability—2002 c 149: See
notes following RCW 50.22.140.
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Application—1995 c 57: "This act applies only to benefit charges
attributable to new claims effective after July 1, 1995." [1995 c 57 § 4.]
Effective date—1995 c 57: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 17, 1995]." [1995 c 57 § 5.]
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
Conflict with federal requirements—1988 c 27: "If any part of this
act is found to be in conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state, the conflicting part of
this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the
remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the
state." [1988 c 27 § 2.]
Construction—1987 c 213: See note following RCW 50.29.010.
Applicability—Effective date—Severability—1987 c 2: See notes
following RCW 50.20.090.
Conflict with federal requirements—1985 c 42: "If any part of this
act is found to be in conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1985 c 42 § 2.]
Severability—1985 c 42: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1985 c 42 § 3.]
Conflict with federal requirements—Severability—Effective
dates—1984 c 205: See notes following RCW 50.20.120.
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
50.29.021
50.29.021 Experience rating accounts—Benefits not
charged—Claims with an effective date on or after January 4, 2004. (1) This section applies to benefits charged to
the experience rating accounts of employers for claims that
have an effective date on or after January 4, 2004.
(2)(a) An experience rating account shall be established
and maintained for each employer, except employers as
described in RCW 50.44.010 and 50.44.030 who have properly elected to make payments in lieu of contributions, taxable local government employers as described in RCW
50.44.035, and those employers who are required to make
payments in lieu of contributions, based on existing records
of the employment security department.
(b) Benefits paid to an eligible individual shall be
charged to the experience rating accounts of each of such
individual's employers during the individual's base year in the
same ratio that the wages paid by each employer to the individual during the base year bear to the wages paid by all
employers to that individual during that base year, except as
otherwise provided in this section.
Employer Experience Rating
(c) When the eligible individual's separating employer is
a covered contribution paying base year employer, benefits
paid to the eligible individual shall be charged to the experience rating account of only the individual's separating
employer if the individual qualifies for benefits under:
(i) RCW 50.20.050(2)(b)(i), as applicable, and became
unemployed after having worked and earned wages in the
bona fide work; or
(ii) RCW 50.20.050(2)(b)(v) through (x).
(3) The legislature finds that certain benefit payments, in
whole or in part, should not be charged to the experience rating accounts of employers except those employers described
in RCW 50.44.010 and 50.44.030 who have properly elected
to make payments in lieu of contributions, taxable local government employers described in RCW 50.44.035, and those
employers who are required to make payments in lieu of contributions, as follows:
(a) Benefits paid to any individual later determined to be
ineligible shall not be charged to the experience rating
account of any contribution paying employer.
(b) Benefits paid to an individual filing under the provisions of chapter 50.06 RCW shall not be charged to the experience rating account of any contribution paying employer
only if:
(i) The individual files under RCW 50.06.020(1) after
receiving crime victims' compensation for a disability resulting from a nonwork-related occurrence; or
(ii) The individual files under RCW 50.06.020(2).
(c) Benefits paid which represent the state's share of benefits payable as extended benefits defined under RCW
50.22.010(6) shall not be charged to the experience rating
account of any contribution paying employer.
(d) In the case of individuals who requalify for benefits
under RCW 50.20.050 or 50.20.060, benefits based on wage
credits earned prior to the disqualifying separation shall not
be charged to the experience rating account of the contribution paying employer from whom that separation took place.
(e) Individuals who qualify for benefits under RCW
50.20.050(2)(b)(iv), as applicable, shall not have their benefits charged to the experience rating account of any contribution paying employer.
(4)(a) A contribution paying base year employer, not
otherwise eligible for relief of charges for benefits under this
section, may receive such relief if the benefit charges result
from payment to an individual who:
(i) Last left the employ of such employer voluntarily for
reasons not attributable to the employer;
(ii) Was discharged for misconduct or gross misconduct
connected with his or her work not a result of inability to
meet the minimum job requirements;
(iii) Is unemployed as a result of closure or severe curtailment of operation at the employer's plant, building, worksite, or other facility. This closure must be for reasons
directly attributable to a catastrophic occurrence such as fire,
flood, or other natural disaster; or
(iv) Continues to be employed on a regularly scheduled
permanent part-time basis by a base year employer and who
at some time during the base year was concurrently employed
and subsequently separated from at least one other base year
employer. Benefit charge relief ceases when the employment
relationship between the employer requesting relief and the
50.29.025
claimant is terminated. This subsection does not apply to
shared work employers under chapter 50.60 RCW.
(b) The employer requesting relief of charges under this
subsection must request relief in writing within thirty days
following mailing to the last known address of the notification of the valid initial determination of such claim, stating
the date and reason for the separation or the circumstances of
continued employment. The commissioner, upon investigation of the request, shall determine whether relief should be
granted. [2003 2nd sp.s. c 4 § 21.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
50.29.025
50.29.025 Contribution rate. (1) Except as provided in
subsection (2) of this section, the contribution rate for each
employer subject to contributions under RCW 50.24.010
shall be determined under this subsection.
(a) A fund balance ratio shall be determined by dividing
the balance in the unemployment compensation fund as of
the September 30th immediately preceding the rate year by
the total remuneration paid by all employers subject to contributions during the second calendar year preceding the rate
year and reported to the department by the following March
31st. The division shall be carried to the fourth decimal place
with the remaining fraction, if any, disregarded. The fund
balance ratio shall be expressed as a percentage.
(b) The interval of the fund balance ratio, expressed as a
percentage, shall determine which tax schedule in (e) of this
subsection shall be in effect for assigning tax rates for the rate
year. The intervals for determining the effective tax schedule
shall be:
Interval of the
Fund Balance Ratio
Expressed as a Percentage
2.90 and above
2.10 to 2.89
1.70 to 2.09
1.40 to 1.69
1.00 to 1.39
0.70 to 0.99
Less than 0.70
Effective
Tax Schedule
AA
A
B
C
D
E
F
(c) An array shall be prepared, listing all qualified
employers in ascending order of their benefit ratios. The
array shall show for each qualified employer: (i) Identification number; (ii) benefit ratio; (iii) taxable payrolls for the
four calendar quarters immediately preceding the computation date and reported to the department by the cut-off date;
(iv) a cumulative total of taxable payrolls consisting of the
employer's taxable payroll plus the taxable payrolls of all
other employers preceding him or her in the array; and (v) the
percentage equivalent of the cumulative total of taxable payrolls.
(d) Each employer in the array shall be assigned to one of
twenty rate classes according to the percentage intervals of
cumulative taxable payrolls set forth in (e) of this subsection:
PROVIDED, That if an employer's taxable payroll falls
within two or more rate classes, the employer and any other
[2003 RCW Supp—page 735]
50.29.025
Title 50 RCW: Unemployment Compensation
employer with the same benefit ratio shall be assigned to the
lowest rate class which includes any portion of the
employer's taxable payroll.
(e) Except as provided in RCW 50.29.026, the contribution rate for each employer in the array shall be the rate specified in the following tables for the rate class to which he or
she has been assigned, as determined under (d) of this subsection, within the tax schedule which is to be in effect during
the rate year:
Percent of
Cumulative
Taxable Payrolls
From
Schedules of Contributions Rates
for Effective Tax Schedule
Rate
To Class
0.00
5.00
5.01 10.00
10.01 15.00
15.01 20.00
20.01 25.00
25.01 30.00
30.01 35.00
35.01 40.00
40.01 45.00
45.01 50.00
50.01 55.00
55.01 60.00
60.01 65.00
65.01 70.00
70.01 75.00
75.01 80.00
80.01 85.00
85.01 90.00
90.01 95.00
95.01 100.00
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
AA
A
B
C
D
E
F
0.47
0.47
0.57
0.57
0.72
0.91
1.00
1.19
1.37
1.56
1.84
2.03
2.22
2.40
2.68
2.87
3.27
3.67
4.07
5.40
0.47
0.47
0.57
0.73
0.92
1.11
1.29
1.48
1.67
1.86
2.14
2.33
2.52
2.71
2.90
3.09
3.47
3.87
4.27
5.40
0.57
0.77
0.97
1.11
1.30
1.49
1.69
1.88
2.07
2.26
2.45
2.64
2.83
3.02
3.21
3.42
3.77
4.17
4.57
5.40
0.97
1.17
1.37
1.51
1.70
1.89
2.08
2.27
2.47
2.66
2.85
3.04
3.23
3.43
3.62
3.81
4.17
4.57
4.97
5.40
1.47
1.67
1.77
1.90
2.09
2.29
2.48
2.67
2.87
3.06
3.25
3.44
3.64
3.83
4.02
4.22
4.57
4.87
5.07
5.40
1.87
2.07
2.27
2.40
2.59
2.69
2.88
3.07
3.27
3.46
3.66
3.85
4.04
4.24
4.43
4.53
4.87
4.97
5.17
5.40
2.47
2.67
2.87
2.98
3.08
3.18
3.27
3.47
3.66
3.86
3.95
4.15
4.34
4.54
4.63
4.73
4.97
5.17
5.37
5.40
(f) The contribution rate for each employer not qualified
to be in the array shall be as follows:
(i) Employers who do not meet the definition of "qualified employer" by reason of failure to pay contributions when
due shall be assigned a contribution rate two-tenths higher
than that in rate class 20 for the applicable rate year, except
employers who have an approved agency-deferred payment
contract by September 30 of the previous rate year. If any
employer with an approved agency-deferred payment contract fails to make any one of the succeeding deferred payments or fails to submit any succeeding tax report and payment in a timely manner, the employer's tax rate shall immediately revert to a contribution rate two-tenths higher than
that in rate class 20 for the applicable rate year; and
(ii) For all other employers not qualified to be in the
array, the contribution rate shall be a rate equal to the average
industry rate as determined by the commissioner; however,
the rate may not be less than one percent.
(2) Beginning with contributions assessed for rate year
2005, the contribution rate for each employer subject to contributions under RCW 50.24.010 shall be the sum of the array
calculation factor rate and the graduated social cost factor
rate determined under this subsection, and the solvency surcharge determined under RCW 50.29.041, if any.
[2003 RCW Supp—page 736]
(a) The array calculation factor rate shall be determined
as follows:
(i) An array shall be prepared, listing all qualified
employers in ascending order of their benefit ratios. The
array shall show for each qualified employer: (A) Identification number; (B) benefit ratio; and (C) taxable payrolls for
the four consecutive calendar quarters immediately preceding the computation date and reported to the employment
security department by the cut-off date.
(ii) Each employer in the array shall be assigned to one
of forty rate classes according to his or her benefit ratio as follows, and, except as provided in RCW 50.29.026, the array
calculation factor rate for each employer in the array shall be
the rate specified in the rate class to which the employer has
been assigned:
Benefit Ratio
At least
Less than
0.000001
0.000001
0.001250
0.001250
0.002500
0.002500
0.003750
0.003750
0.005000
0.005000
0.006250
0.006250
0.007500
0.007500
0.008750
0.008750
0.010000
0.010000
0.011250
0.011250
0.012500
0.012500
0.013750
0.013750
0.015000
0.015000
0.016250
0.016250
0.017500
0.017500
0.018750
0.018750
0.020000
0.020000
0.021250
0.021250
0.022500
0.022500
0.023750
0.023750
0.025000
0.025000
0.026250
0.026250
0.027500
0.027500
0.028750
0.028750
0.030000
0.030000
0.031250
0.031250
0.032500
0.032500
0.033750
0.033750
0.035000
0.035000
0.036250
0.036250
0.037500
0.037500
0.040000
0.040000
0.042500
Rate
Class
Rate
(percent)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
0.00
0.13
0.25
0.38
0.50
0.63
0.75
0.88
1.00
1.15
1.30
1.45
1.60
1.75
1.90
2.05
2.20
2.35
2.50
2.65
2.80
2.95
3.10
3.25
3.40
3.55
3.70
3.85
4.00
4.15
4.30
4.45
4.60
Employer Experience Rating
0.042500
0.045000
0.047500
0.050000
0.052500
0.055000
0.057500
0.045000
0.047500
0.050000
0.052500
0.055000
0.057500
34
35
36
37
38
39
40
4.75
4.90
5.05
5.20
5.30
5.35
5.40
(b) The graduated social cost factor rate shall be determined as follows:
(i)(A) Except as provided in (b)(i)(B) and (C) of this subsection, the commissioner shall calculate the flat social cost
factor for a rate year by dividing the total social cost by the
total taxable payroll. The division shall be carried to the second decimal place with the remaining fraction disregarded
unless it amounts to five hundredths or more, in which case
the second decimal place shall be rounded to the next higher
digit. The flat social cost factor shall be expressed as a percentage.
(B) If, on the cut-off date, the balance in the unemployment compensation fund is determined by the commissioner
to be an amount that will provide more than ten months of
unemployment benefits, the commissioner shall calculate the
flat social cost factor for the rate year immediately following
the cut-off date by reducing the total social cost by the dollar
amount that represents the number of months for which the
balance in the unemployment compensation fund on the cutoff date will provide benefits above ten months and dividing
the result by the total taxable payroll. However, the calculation under this subsection (2)(b)(i)(B) for a rate year may not
result in a flat social cost factor that is more than two-tenths
lower than the calculation under (b)(i)(A) of this subsection
for that rate year. For the purposes of this subsection, the
commissioner shall determine the number of months of
unemployment benefits in the unemployment compensation
fund using the benefit cost rate for the average of the three
highest calendar benefit cost rates in the twenty consecutive
completed calendar years immediately preceding the cut-off
date or a period of consecutive calendar years immediately
preceding the cut-off date that includes three recessions, if
longer.
(C) The minimum flat social cost factor calculated under
this subsection (2)(b) shall be six-tenths of one percent.
(ii) The graduated social cost factor rate for each
employer in the array is the flat social cost factor multiplied
by the percentage specified as follows for the rate class to
which the employer has been assigned in (a)(ii) of this subsection, except that the sum of an employer's array calculation factor rate and the graduated social cost factor rate may
not exceed six and five-tenths percent or, for employers
whose standard industrial classification code is within major
group "01," "02," "07," "091," "203," "209," or "5148," or the
equivalent code in the North American industry classification
system code, may not exceed six percent:
(A) Rate class 1 - 78 percent;
(B) Rate class 2 - 82 percent;
(C) Rate class 3 - 86 percent;
(D) Rate class 4 - 90 percent;
(E) Rate class 5 - 94 percent;
50.29.025
(F) Rate class 6 - 98 percent;
(G) Rate class 7 - 102 percent;
(H) Rate class 8 - 106 percent;
(I) Rate class 9 - 110 percent;
(J) Rate class 10 - 114 percent;
(K) Rate class 11 - 118 percent; and
(L) Rate classes 12 through 40 - 120 percent.
(iii) For the purposes of this section:
(A) "Total social cost" means the amount calculated by
subtracting the array calculation factor contributions paid by
all employers with respect to the four consecutive calendar
quarters immediately preceding the computation date and
paid to the employment security department by the cut-off
date from the total unemployment benefits paid to claimants
in the same four consecutive calendar quarters. To calculate
the flat social cost factor for rate year 2005, the commissioner
shall calculate the total social cost using the array calculation
factor contributions that would have been required to be paid
by all employers in the calculation period if (a) of this subsection had been in effect for the relevant period.
(B) "Total taxable payroll" means the total amount of
wages subject to tax, as determined under RCW 50.24.010,
for all employers in the four consecutive calendar quarters
immediately preceding the computation date and reported to
the employment security department by the cut-off date.
(c) The array calculation factor rate for each employer
not qualified to be in the array shall be as follows:
(i) Employers who do not meet the definition of "qualified employer" by reason of failure to pay contributions when
due shall be assigned an array calculation factor rate twotenths higher than that in rate class 40, except employers who
have an approved agency-deferred payment contract by September 30th of the previous rate year. If any employer with
an approved agency-deferred payment contract fails to make
any one of the succeeding deferred payments or fails to submit any succeeding tax report and payment in a timely manner, the employer's tax rate shall immediately revert to an
array calculation factor rate two-tenths higher than that in rate
class 40; and
(ii) For all other employers not qualified to be in the
array, the array calculation factor rate shall be a rate equal to
the average industry array calculation factor rate as determined by the commissioner, plus fifteen percent of that
amount; however, the rate may not be less than one percent or
more than the array calculation factor rate in rate class 40.
(d) The graduated social cost factor rate for each
employer not qualified to be in the array shall be as follows:
(i) For employers whose array calculation factor rate is
determined under (c)(i) of this subsection, the social cost factor rate shall be the social cost factor rate assigned to rate
class 40 under (b)(ii) of this subsection.
(ii) For employers whose array calculation factor rate is
determined under (c)(ii) of this subsection, the social cost
factor rate shall be a rate equal to the average industry social
cost factor rate as determined by the commissioner, plus fifteen percent of that amount, but not more than the social cost
factor rate assigned to rate class 40 under (b)(ii) of this subsection.
(3) Assignment of employers by the commissioner to
industrial classification, for purposes of this section, shall be
in accordance with established classification practices found
[2003 RCW Supp—page 737]
50.29.026
Title 50 RCW: Unemployment Compensation
in the "Standard Industrial Classification Manual" issued by
the federal office of management and budget to the third digit
provided in the standard industrial classification code, or in
the North American industry classification system code.
[2003 2nd sp.s. c 4 § 14; 2003 c 4 § 1; 2000 c 2 § 4; 1995 c 4
§ 2; (1995 c 4 § 1 expired January 1, 1998). Prior: 1993 c
483 § 21; 1993 c 226 § 14; 1993 c 226 § 13; 1990 c 245 § 7;
1989 c 380 § 79; 1987 c 171 § 3; 1985 ex.s. c 5 § 7; 1984 c
205 § 5.]
Reviser's note: (1) Referendum Measure No. 53 was rejected by the
voters at the November 2002 election. This section has been returned to the
status existing before its amendment by 2002 c 149.
(2) The 2002 c 149 § 18 expiration date no longer applies to this section.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Application—2003 c 4 § 1: "Section 1 of this act applies to rate years
beginning on or after January 1, 2003." [2003 c 4 § 2.]
Effective date—2003 c 4: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 12, 2003]." [2003 c 4 § 3.]
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note following
RCW 50.22.150.
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Effective dates—1995 c 4: "(1) Section 1 of this act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
immediately [March 16, 1995].
(2) Section 2 of this act shall take effect January 1, 1998." [1995 c 4 §
4.]
Expiration date—1995 c 4 § 1: "Section 1 of this act shall expire January 1, 1998." [1995 c 4 § 5.]
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
Elevation of employer contribution rates—Report by commissioner—1993 c 226: "Prior to any increase in the employer tax schedule as
provided in section 13, chapter 226, Laws of 1993, the commissioner shall
provide a report to the appropriate committees of the legislature specifying
to what extent the work force training expenditures in chapter 226, Laws of
1993 elevated employer contribution rates for the effective tax schedule."
[1993 c 226 § 16.]
Effective dates—1993 c 226 §§ 10, 12, and 14: See note following
RCW 50.16.010.
Conflict with federal requirements—Severability—Application—
1993 c 226: See notes following RCW 50.16.010.
Conflict with federal requirements—Effective dates—1990 c 245:
See notes following RCW 50.04.030.
Effective date—1989 c 380 §§ 78-81: See note following RCW
50.04.150.
Conflict with federal requirements—1989 c 380: See note following
RCW 50.04.150.
Severability—1989 c 380: See RCW 15.58.942.
Conflict with federal requirements—Severability—1987 c 171: See
notes following RCW 50.62.010.
Conflict with federal requirements—Severability—1985 ex.s. c 5:
See notes following RCW 50.62.010.
Conflict with federal requirements—Severability—Effective
dates—1984 c 205: See notes following RCW 50.20.120.
50.29.026
50.29.026 Modification of contribution rate. (1)
Beginning with contributions assessed for rate year 1996, a
qualified employer's contribution rate applicable for rate
years beginning before January 1, 2005, or array calculation
factor rate applicable for rate years beginning on or after Jan[2003 RCW Supp—page 738]
uary 1, 2005, determined under RCW 50.29.025 may be
modified as follows:
(a) Subject to the limitations of this subsection, an
employer may make a voluntary contribution of an amount
equal to part or all of the benefits charged to the employer's
account during the two years most recently ended on June
30th that were used for the purpose of computing the
employer's contribution rate applicable for rate years beginning before January 1, 2005, or array calculation factor rate
applicable for rate years beginning on or after January 1,
2005. On receiving timely payment of a voluntary contribution, plus a surcharge of ten percent of the amount of the voluntary contribution, the commissioner shall cancel the benefits equal to the amount of the voluntary contribution, excluding the surcharge, and compute a new benefit ratio for the
employer. The employer shall then be assigned the contribution rate applicable for rate years beginning before January 1,
2005, or array calculation factor rate applicable for rate years
beginning on or after January 1, 2005, applicable to the rate
class within which the recomputed benefit ratio is included.
The minimum amount of a voluntary contribution, excluding
the surcharge, must be an amount that will result in a recomputed benefit ratio that is in a rate class at least four rate
classes lower than the rate class that included the employer's
original benefit ratio.
(b) Payment of a voluntary contribution is considered
timely if received by the department during the period beginning on the date of mailing to the employer the notice of contribution rate applicable for rate years beginning before January 1, 2005, or notice of array calculation factor rate applicable for rate years beginning on or after January 1, 2005,
required under this title for the rate year for which the
employer is seeking a modification of his or her rate and ending on February 15th of that rate year or, for voluntary contributions for rate year 2000, ending on March 31, 2000.
(c) A benefit ratio may not be recomputed nor a rate be
reduced under this section as a result of a voluntary contribution received after the payment period prescribed in (b) of
this subsection.
(2) This section does not apply to any employer who has
not had an increase of at least twelve rate classes from the
previous tax rate year. [2003 2nd sp.s. c 4 § 17; 2000 c 2 § 5;
1995 c 322 § 1.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note following
RCW 50.22.150.
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Conflict with federal requirements—1995 c 322: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1995 c 322 § 2.]
50.29.041
50.29.041 Contribution rate—Solvency surcharge.
Beginning with contributions assessed for rate year 2005, the
contribution rate of each employer subject to contributions
Employer Experience Rating
under RCW 50.24.010 shall include a solvency surcharge
determined as follows:
(1) This section shall apply to employers' contributions
for a rate year immediately following a cut-off date only if,
on the cut-off date, the balance in the unemployment compensation fund is determined by the commissioner to be an
amount that will provide fewer than six months of unemployment benefits.
(2) The solvency surcharge shall be the lowest rate necessary, as determined by the commissioner, but not more than
two-tenths of one percent, to provide revenue during the
applicable rate year that will fund unemployment benefits for
the number of months that is the difference between eight
months and the number of months for which the balance in
the unemployment compensation fund on the cut-off date
will provide benefits.
(3) The basis for determining the number of months of
unemployment benefits shall be the same basis used in RCW
50.29.025(2)(b)(i)(B). [2003 2nd sp.s. c 4 § 16.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
50.29.045
50.29.045 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
50.29.062
50.29.062 Contribution rates for predecessor and
successor employers. Predecessor and successor employer
contribution rates shall be computed in the following manner:
(1) If the successor is an employer, as defined in RCW
50.04.080, at the time of the transfer, its contribution rate
shall remain unchanged for the remainder of the rate year in
which the transfer occurs. From and after January 1 following the transfer, the successor's contribution rate for each rate
year shall be based on its experience with payrolls and benefits including the experience of the acquired business or portion of a business from the date of transfer, as of the regular
computation date for that rate year.
(2) For transfers before January 1, 2005, the following
applies if the successor is not an employer at the time of the
transfer. The successor shall pay contributions at the lowest
rate determined under either of the following:
(a)(i) For transfers before January 1, 1997, the contribution rate of the rate class assigned to the predecessor
employer at the time of the transfer for the remainder of that
rate year and continuing until the successor qualifies for a different rate in its own right;
(ii) For transfers on or after January 1, 1997, the contribution rate of the rate class assigned to the predecessor
employer at the time of the transfer for the remainder of that
rate year. Any experience relating to the assignment of that
rate class attributable to the predecessor is transferred to the
successor. Beginning with the January 1 following the transfer, the successor's contribution rate shall be based on the
transferred experience of the acquired business and the successor's experience after the transfer; or
(b) The contribution rate equal to the average industry
rate as determined by the commissioner, but not less than one
percent, and continuing until the successor qualifies for a different rate in its own right. Assignment of employers by the
commissioner to industrial classification, for purposes of this
subsection, must be in accordance with established classifica-
50.29.062
tion practices found in the "Standard Industrial Classification
Manual" issued by the federal office of management and budget to the third digit provided in the standard industrial classification code, or in the North American industry classification code system.
(3) For transfers before January 1, 2005, if the successor
is not an employer at the time of the transfer and simultaneously acquires the business or a portion of the business of
two or more employers in different rate classes, its rate from
the date the transfer occurred until the end of that rate year
and until it qualifies in its own right for a new rate, shall be
the highest rate class applicable at the time of the acquisition
to any predecessor employer who is a party to the acquisition,
but not less than one percent.
(4) For transfers on or after January 1, 2005, the following applies if the successor is not an employer at the time of
the transfer:
(a) Except as provided in (b) of this subsection, the successor shall pay contributions:
(i) At the contribution rate determined for the predecessor employer at the time of the transfer for the remainder of
the rate year. Any experience attributable to the predecessor
relating to the assignment of the predecessor's rate class is
transferred to the successor. On and after January 1st following the transfer, the successor's array calculation factor rate
shall be based on the transferred experience of the acquired
business and the successor's experience after the transfer; or
(ii) At the contribution rate equal to the sum of the rates
determined by the commissioner under RCW 50.29.025(2)
(c)(ii) and (d)(ii), and 50.29.041, if applicable, and continuing until the successor qualifies for a different rate in its own
right.
(b) If there is a substantial continuity of ownership or
management by the successor of the business of the predecessor, the successor shall pay contributions at the contribution
rate determined for the predecessor employer at the time of
the transfer for the remainder of that rate year. Any experience attributable to the predecessor relating to the assignment
of the predecessor's rate class is transferred to the successor.
On and after January 1st following the transfer, the successor's array calculation factor rate shall be based on the transferred experience of the acquired business and the successor's
experience after the transfer.
(c) If the successor simultaneously acquires the business
or a portion of the business of two or more employers with
different contribution rates, the successor's rate from the date
the transfer occurred until the end of that rate year and until it
qualifies in its own right for a new rate, shall be the sum of
the rates determined by the commissioner under RCW
50.29.025(2) (a) and (b), and 50.29.041, applicable at the
time of the acquisition to the predecessor employer who,
among the parties to the acquisition, had the largest taxable
payroll in the completed calendar quarter immediately preceding the date of transfer, but not less than the sum of the
rates determined by the commissioner under RCW
50.29.025(2) (c)(ii) and (d)(ii), and 50.29.041, if applicable.
(5) The contribution rate on any payroll retained by a
predecessor employer shall remain unchanged for the
remainder of the rate year in which the transfer occurs.
(6) In all cases, from and after January 1 following the
transfer, the predecessor's contribution rate or, beginning
[2003 RCW Supp—page 739]
50.29.070
Title 50 RCW: Unemployment Compensation
January 1, 2005, the predecessor's array calculation factor for
each rate year shall be based on its experience with payrolls
and benefits as of the regular computation date for that rate
year including the experience of the acquired business or portion of business up to the date of transfer: PROVIDED, That
if all of the predecessor's business is transferred to a successor or successors, the predecessor shall not be a qualified
employer until it satisfies the requirements of a "qualified
employer" as set forth in RCW 50.29.010. [2003 2nd sp.s. c
4 § 18; 1996 c 238 § 1; 1995 c 56 § 1; 1989 c 380 § 81; 1984
c 205 § 6.]
Reviser's note: Referendum Measure No. 53 was rejected by the voters
at the November 2002 election. This section has been returned to the status
existing before its amendment by 2002 c 149.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Application—1996 c 238: "This act applies to unemployment contribution rates effective on and after January 1, 1996." [1996 c 238 § 2.]
Conflict with federal requirements—1996 c 238: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1996 c 238 § 3.]
Effective date—1989 c 380 §§ 78-81: See note following RCW
50.04.150.
Conflict with federal requirements—1989 c 380: See note following
RCW 50.04.150.
Severability—1989 c 380: See RCW 15.58.942.
Conflict with federal requirements—Severability—Effective
dates—1984 c 205: See notes following RCW 50.20.120.
50.29.070
50.29.070 Notice of employer benefit charges and
rate of contribution—Review and appeal. (1) Within a
reasonable time after the computation date each employer
shall be notified of the employer's rate of contribution as
determined for the succeeding rate year and factors used in
the calculation. Beginning with rate year 2005, the notice
must include the amount of the contribution rate that is attribut abl e to ea ch component of the rate under R CW
50.29.025(2).
(2) Any employer dissatisfied with the benefit charges
made to the employer's account for the twelve-month period
immediately preceding the computation date or with his or
her determined rate may file a request for review and redetermination with the commissioner within thirty days of the
mailing of the notice to the employer, showing the reason for
such request. Should such request for review and redetermination be denied, the employer may, within thirty days of the
mailing of such notice of denial, file with the appeal tribunal
a petition for hearing which shall be heard in the same manner as a petition for denial of refund. The appellate procedure
prescribed by this title for further appeal shall apply to all
denials of review and redetermination under this section.
[2003 2nd sp.s. c 4 § 19; 1990 c 245 § 8; 1983 1st ex.s. c 23
§ 19; 1973 1st ex.s. c 158 § 14; 1970 ex.s. c 2 § 16.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
[2003 RCW Supp—page 740]
Conflict with federal requirements—Effective dates—1990 c 245:
See notes following RCW 50.04.030.
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
Appeal on denial of refund: RCW 50.32.030, 50.32.050.
Appeal to the courts: RCW 50.32.120.
Review by commissioner: RCW 50.32.070.
Chapter 50.32
Chapter 50.32 RCW
REVIEW, HEARINGS, AND APPEALS
Sections
50.32.040
Benefit appeal procedure.
50.32.040
50.32.040 Benefit appeal procedure. In any proceeding before an appeal tribunal involving a dispute of an individual's initial determination, all matters covered by such initial determination shall be deemed to be in issue irrespective
of the particular ground or grounds set forth in the notice of
appeal.
In any proceeding before an appeal tribunal involving a
dispute of an individual's claim for waiting period credit or
claim for benefits, all matters and provisions of this title relating to the individual's right to receive such credit or benefits
for the period in question, including but not limited to the
question and nature of the claimant's availability for work
within the meaning of RCW 50.20.010(1)(c) and 50.20.080,
shall be deemed to be in issue irrespective of the particular
ground or grounds set forth in the notice of appeal in single
claimant cases. The claimant's availability for work shall be
determined apart from all other matters.
In any proceeding before an appeal tribunal involving an
individual's right to benefits, all parties shall be afforded an
opportunity for hearing after not less than seven days' notice
in accordance with RCW 34.05.434.
In any proceeding involving an appeal relating to benefit
determinations or benefit claims, the appeal tribunal, after
affording the parties reasonable opportunity for fair hearing,
shall render its decision affirming, modifying, or setting aside
the determination or decisions of the unemployment compensation division. The parties shall be duly notified of such
appeal tribunal's decision together with its reasons therefor,
which shall be deemed to be the final decision on the initial
determination or the claim for waiting period credit or the
claim for benefits unless, within thirty days after the date of
notification or mailing, whichever is the earlier, of such decision, further appeal is perfected pursuant to the provisions of
this title relating to review by the commissioner. [2003 2nd
sp.s. c 4 § 32; 1989 c 175 § 117; 1987 c 61 § 3; 1981 c 35 §
10; 1973 c 73 § 8; 1945 c 35 § 120; Rem. Supp. 1945 § 9998258. Prior: 1943 c 127 § 4; 1941 c 253 § 4; 1939 c 214 § 4;
1937 c 162 § 6.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1981 c 35: See note following RCW 50.22.030.
Effective dates—1973 c 73: See note following RCW 50.04.030.
Penalties
Chapter 50.36
Chapter 50.36 RCW
PENALTIES
50.40.065
Crimes and punishment: Titles 9, 9A RCW.
Chapter 50.40
Sections
50.36.010
50.36.020
Violations generally. (Effective July 1, 2004.)
Violations by employers. (Effective July 1, 2004.)
50.36.010
50.36.010 Violations generally. (Effective July 1,
2004.) (1) It shall be unlawful for any person to knowingly
give any false information or withhold any material information required under the provisions of this title.
(2) Any person who violates any of the provisions of this
title which violation is declared to be unlawful, and for which
no contrary provision is made, is guilty of a misdemeanor and
shall be punished by a fine of not less than twenty dollars nor
more than two hundred and fifty dollars or by imprisonment
in the county jail for not more than ninety days.
(3) Any person who in connection with any compromise
or offer of compromise willfully conceals from any officer or
employee of the state any property belonging to an employing unit which is liable for contributions, interest, or penalties, or receives, destroys, mutilates, or falsifies any book,
document, or record, or makes under oath any false statement
relating to the financial condition of the employing unit
which is liable for contributions, is guilty of a gross misdemeanor and shall upon conviction thereof be fined not more
than five thousand dollars or be imprisoned for not more than
one year, or both.
(4) The penalty prescribed in this section shall not be
deemed exclusive, but any act which shall constitute a crime
under any law of this state may be the basis of prosecution
under such law notwithstanding that it may also be the basis
for prosecution under this section. [2003 c 53 § 279; 1953
ex.s. c 8 § 22; 1945 c 35 § 180; Rem. Supp. 1945 § 9998-319.
Prior: 1943 c 127 § 12; 1941 c 253 § 13.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
50.36.020
50.36.020 Violations by employers. (Effective July 1,
2004.) (1) Any person required under this title to collect,
account for and pay over any contributions imposed by this
title, who willfully fails to collect or truthfully account for
and pay over such contributions, and any person who willfully attempts in any manner to evade or defeat any contributions imposed by this title or the payment thereof, is guilty of
a gross misdemeanor and shall, in addition to other penalties
provided by law, upon conviction thereof, be fined not more
than five thousand dollars, or imprisoned for not more than
one year, or both, together with the costs of prosecution.
(2) The term "person" as used in this section includes an
officer or individual in the employment of a corporation, or a
member or individual in the employment of a partnership,
who as such officer, individual or member is under a duty to
perform the act in respect of which the violation occurs. A
corporation may likewise be prosecuted under this section
and may be subjected to fine and payment of costs of prosecution as prescribed herein for a person. [2003 c 53 § 280;
1953 ex.s. c 8 § 23; 1945 c 35 § 181; Rem. Supp. 1945 §
9998-320. Prior: 1943 c 127 § 12; 1941 c 253 § 13.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 50.40 RCW
MISCELLANEOUS PROVISIONS
Sections
50.40.010
50.40.065
50.40.066
Waiver of rights void. (Effective July 1, 2004.)
"Vendors in good standing"—Determination by governor's
committee on disability issues and employment—Advisory
subcommittee—Rules. (Expires December 31, 2007.)
Rules to implement RCW 50.40.065—Fees authorized—Vendors in good standing account. (Expires December 31,
2007.)
50.40.010
50.40.010 Waiver of rights void. (Effective July 1,
2004.) (1) Any agreement by an individual to waive, release,
or commute his or her rights to benefits or any other rights
under this title shall be void.
(2) Any agreement by an individual in the employ of any
person or concern to pay all or any portion of an employer's
contributions, required under this title from such employer,
shall be void.
(3) No employer shall directly or indirectly make or
require or accept any deduction from remuneration for services to finance the employer's contributions required from
him or her, or require or accept any waiver of any right hereunder by any individual in his or her employ.
(4) A person violating this section is guilty of a gross
misdemeanor. [2003 c 53 § 281; 1945 c 35 § 182; Rem.
Supp. 1945 § 9998-321. Prior: 1943 c 127 § 11; 1941 c 253
§ 12; 1939 c 214 § 13; 1937 c 162 § 15.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
50.40.065
50.40.065 "Vendors in good standing"—Determination by governor's committee on disability issues and
employment—Advisory subcommittee—Rules. (Expires
December 31, 2007.) (1) No less frequently than once each
year, the governor's committee on disability issues and
employment shall determine whether entities seeking to qualify as vendors in good standing, pursuant to this section and
RCW 43.19.531, have achieved, or continue to work towards,
the goal of enhancing opportunities for persons of disabilities
to maximize their employment and career advancement, and
increase the number employed and their wages.
(2) In making the determination provided for in subsection (1) of this section, the governor's committee on disability
issues and employment shall appoint and, except in the case
of malfeasance or misfeasance, shall rely upon the conclusions of an advisory subcommittee consisting of: (a) Three
members chosen from among those current or former clients
of a community rehabilitation program who have nominated
themselves, at least one of whom must be a person with a
developmental disability; (b) one member chosen from
among those guardians, parents, or other relatives of a current
client or employee of a community rehabilitation program
who have nominated themselves; (c) one member chosen
from among those who have been nominated by a community
rehabilitation program; (d) one member chosen from among
those owners of a business owned and operated by persons
with disabilities who have nominated themselves; (e) one
member who is designated by the developmental disabilities
council; (f) one member who is a member of and selected by
[2003 RCW Supp—page 741]
50.40.066
Title 51 RCW: Industrial Insurance
the governor's committee on disability issues and employment; (g) one member who is designated by the secretary of
the department of social and health services; and (h) one
member who is designated by the director of the department
of services for the blind.
(3) The advisory subcommittee appointed by the governor's committee on disability issues and employment shall
conclude that entities seeking to qualify, pursuant to this section and RCW 43.19.531, as vendors in good standing, have
achieved, or continue to work towards, the goal of enhancing
opportunities for persons of disabilities to maximize their
employment and career advancement, and increase the number employed and their wages if, and only if, the entity provides reasonably conclusive evidence that, during the twelvemonth period immediately preceding the entity's application,
at least one-half of the following measurement categories
applicable to the entity have been either achieved, pursuant to
rules established under subsection (4) of this section, or have
been improved as compared to the entity's condition with
respect to that measurement category one year ago:
(a) The number of people with disabilities in the entity's
total work force who are working in integrated settings;
(b) The percentage of the people with disabilities in the
entity's total work force who are working in integrated settings;
(c) The number of people with disabilities in the entity's
total work force who are working in individual supported
employment settings;
(d) The percentage of the people with disabilities in the
entity's total work force who are working in individual supported employment settings;
(e) The number of people with disabilities in the entity's
total work force who, during the last twelve months, have
transitioned to less restrictive employment settings either
within the entity or with other community employers;
(f) The number of people with disabilities in the entity's
total work force who are earning at least the state minimum
wage;
(g) The percentage of the people with disabilities in the
entity's total work force who are earning at least the state
minimum wage;
(h) The number of people with disabilities serving in
supervisory capacities within the entity;
(i) The percentage of supervisory positions within the
entity that are occupied by people with disabilities;
(j) The number of people with disabilities serving in an
ownership capacity or on the governing board of the entity;
(k) The ratio of the total amount paid by the entity in
wages, salaries, and related employment benefits to people
with disabilities, as compared to the amount paid by the
entity in wages, salaries, and related employment benefits
paid by the entity to persons without disabilities during the
previous year; and
(l) The percentage of people with disabilities in the
entity's total work force for whom the entity has developed a
reasonable, achievable, and written career plan.
(4) The commissioner shall consult with the advisory
subcommittee established in subsection (2) of this section to
develop and adopt rules establishing the measurement at
which it is deemed that the measurement categories identified
[2003 RCW Supp—page 742]
in subsection (3)(b), (d), (e), (g), (h), (j), (k), and (l) of this
section have been achieved.
(5) This section expires December 31, 2007. [2003 c
136 § 7.]
50.40.066
50.40.066 Rules to implement RCW 50.40.065—Fees
authorized—Vendors in good standing account. (Expires
December 31, 2007.) (1) The commissioner is authorized to
adopt rules to implement RCW 50.40.065, including but not
limited to authority to establish (a) a nonrefundable application fee of not more than five hundred dollars to be paid by
each entity seeking to establish or renew qualification as a
vendor in good standing, pursuant to RCW 43.19.531 and
50.40.065; (b) a fee of not more than two percent of the face
amount of any contract awarded under chapter 136, Laws of
2003; or (c) both fees identified in (a) and (b) of this subsection.
(2) The fee or fees established pursuant to subsection (1)
of this section must set a level of revenue sufficient to recover
costs incurred by the department of general administration in
fulfilling the duties identified in RCW 43.19.531 and the
governor's committee on disability issues and employment in
fulfilling the duties identified in RCW 50.40.065.
(3) The vendors in good standing account is created in
the custody of the state treasurer. All receipts from the fee or
fees established pursuant to subsection (1) of this section
must be deposited into the account. Expenditures from the
account may be used only for the purpose described in subsection (2) of this section. Expenditures from the account
may be authorized only upon the approval of both the director
of the department of general administration and the commissioner, or their respective designees. The account is subject
to allotment procedures under chapter 43.88 RCW, but an
appropriation is not required for expenditures.
(4) This section expires December 31, 2007, and any
unencumbered funds remaining in the vendors in good standing account on that date shall revert to the general fund.
[2003 c 136 § 8.]
Title 51
Title 51
INDUSTRIAL INSURANCE
Chapters
51.28 Notice and report of accident—Application for
compensation.
51.32 Compensation—Right to and amount.
51.44 Funds.
51.48 Penalties.
51.52 Appeals.
Chapter 51.28 RCW
NOTICE AND REPORT OF ACCIDENT—
APPLICATION FOR COMPENSATION
Chapter 51.28
Sections
51.28.055
51.28.055
Time limitation for filing claim for occupational disease—
Notice—Hearing loss claims—Rules.
51.28.055 Time limitation for filing claim for occupational disease—Notice—Hearing loss claims—Rules. (1)
Compensation—Right to and Amount
Except as provided in subsection (2) of this section for claims
filed for occupational hearing loss, claims for occupational
disease or infection to be valid and compensable must be
filed within two years following the date the worker had written notice from a physician: (a) Of the existence of his or her
occupational disease, and (b) that a claim for disability benefits may be filed. The notice shall also contain a statement
that the worker has two years from the date of the notice to
file a claim. The physician shall file the notice with the
department. The department shall send a copy to the worker
and to the self-insurer if the worker's employer is selfinsured. However, a claim is valid if it is filed within two
years from the date of death of the worker suffering from an
occupational disease.
(2)(a) Except as provided in (b) of this subsection, to be
valid and compensable, claims for hearing loss due to occupational noise exposure must be filed within two years of the
date of the worker's last injurious exposure to occupational
noise in employment covered under this title or within one
year of September 10, 2003, whichever is later.
(b) A claim for hearing loss due to occupational noise
exposure that is not timely filed under (a) of this subsection
can only be allowed for medical aid benefits under chapter
51.36 RCW.
(3) The department may adopt rules to implement this
section. [2003 2nd sp.s. c 2 § 1; 1984 c 159 § 2; 1977 ex.s. c
350 § 34; 1961 c 23 § 51.28.055. Prior: 1959 c 308 § 18;
prior: 1957 c 70 § 16, part; 1951 c 236 § 1, part.]
Chapter 51.32 RCW
COMPENSATION—RIGHT TO AND AMOUNT
Chapter 51.32
Sections
51.32.040
51.32.380
51.32.040
Protection of awards—Payment after death—Time limitations
for filing—Confinement in institution.
Injured offenders—Benefits sent in the care of the department
of corrections—Exception—Liability.
51.32.040 Protection of awards—Payment after
death—Time limitations for filing—Confinement in institution. (1) Except as provided in RCW 43.20B.720,
72.09.111, 74.20A.260, and 51.32.380, no money paid or
payable under this title shall, before the issuance and delivery
of the check or warrant, be assigned, charged, or taken in execution, attached, garnished, or pass or be paid to any other
person by operation of law, any form of voluntary assignment, or power of attorney. Any such assignment or charge
is void unless the transfer is to a financial institution at the
request of a worker or other beneficiary and made in accordance with RCW 51.32.045.
(2)(a) If any worker suffers (i) a permanent partial injury
and dies from some other cause than the accident which produced the injury before he or she receives payment of the
award for the permanent partial injury or (ii) any other injury
before he or she receives payment of any monthly installment
covering any period of time before his or her death, the
amount of the permanent partial disability award or the
monthly payment, or both, shall be paid to the surviving
spouse or the child or children if there is no surviving spouse.
If there is no surviving spouse and no child or children, the
award or the amount of the monthly payment shall be paid by
the department or self-insurer and distributed consistent with
51.32.040
the terms of the decedent's will or, if the decedent dies intestate, consistent with the terms of RCW 11.04.015.
(b) If any worker suffers an injury and dies from it before
he or she receives payment of any monthly installment covering time loss for any period of time before his or her death,
the amount of the monthly payment shall be paid to the surviving spouse or the child or children if there is no surviving
spouse. If there is no surviving spouse and no child or children, the amount of the monthly payment shall be paid by the
department or self-insurer and distributed consistent with the
terms of the decedent's will or, if the decedent dies intestate,
consistent with the terms of RCW 11.04.015.
(c) Any application for compensation under this subsection (2) shall be filed with the department or self-insuring
employer within one year of the date of death. The department or self-insurer may satisfy its responsibilities under this
subsection (2) by sending any payment due in the name of the
decedent and to the last known address of the decedent.
(3)(a) Any worker or beneficiary receiving benefits
under this title who is subsequently confined in, or who subsequently becomes eligible for benefits under this title while
confined in, any institution under conviction and sentence
shall have all payments of the compensation canceled during
the period of confinement. After discharge from the institution, payment of benefits due afterward shall be paid if the
worker or beneficiary would, except for the provisions of this
subsection (3), otherwise be entitled to them.
(b) If any prisoner is injured in the course of his or her
employment while participating in a work or training release
program authorized by chapter 72.65 RCW and is subject to
the provisions of this title, he or she is entitled to payments
under this title, subject to the requirements of chapter 72.65
RCW, unless his or her participation in the program has been
canceled, or unless he or she is returned to a state correctional
institution, as defined in RCW 72.65.010(3), as a result of
revocation of parole or new sentence.
(c) If the confined worker has any beneficiaries during
the confinement period during which benefits are canceled
under (a) or (b) of this subsection, they shall be paid directly
the monthly benefits which would have been paid to the
worker for himself or herself and the worker's beneficiaries
had the worker not been confined.
(4) Any lump sum benefits to which a worker would otherwise be entitled but for the provisions of this section shall
be paid on a monthly basis to his or her beneficiaries. [2003
c 379 § 27; 1999 c 185 § 1; 1996 c 47 § 1; 1995 c 160 § 3;
1987 c 75 § 7; 1983 c 2 § 13. Prior: 1982 c 201 § 8; 1982 c
109 § 10; 1979 ex.s. c 171 § 11; 1977 ex.s. c 350 § 41; 1975
1st ex.s. c 224 § 8; 1974 ex.s. c 30 § 1; prior: 1973 1st ex.s. c
154 § 95; 1972 ex.s. c 43 § 18; 1971 ex.s. c 289 § 43; 1965
ex.s. c 165 § 2; 1961 c 23 § 51.32.040; prior: 1957 c 70 § 29;
prior: 1947 c 56 § 1, part; 1927 c 310 § 7, part; 1923 c 136 §
4, part; 1921 c 182 § 6, part; 1919 c 131 § 6, part; 1911 c 74
§ 10, part; Rem. Supp. 1947 § 7684, part.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
Application—1995 c 160 §§ 2 and 3: See note following RCW
51.32.020.
[2003 RCW Supp—page 743]
51.32.380
Title 51 RCW: Industrial Insurance
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
Severability—1983 c 2: See note following RCW 18.71.030.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
51.32.380
51.32.380 Injured offenders—Benefits sent in the
care of the department of corrections—Exception—Liability. If the department of labor and industries has received
notice that an injured worker entitled to benefits payable
under this chapter is in the custody of the department of corrections pursuant to a conviction and sentence, the department shall send all such benefits to the worker in care of the
department of corrections, except those benefits payable to a
beneficiary as provided in RCW 51.32.040 (3)(c) and (4).
Failure of the department to send such benefits to the department of corrections shall not result in liability to any party for
either department. [2003 c 379 § 26.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Findings—Purpose—1990 c 204: "The legislature finds that workplace safety in state employment is of paramount importance in maintaining
a productive and committed state work force. The legislature also finds that
recognition in state agencies and institutions of higher education of industrial
insurance programs that provide safe working environments and promote
early return-to-work for injured employees will encourage agencies and
institutions of higher education to develop these programs. A purpose of this
act is to provide incentives for agencies and institutions of higher education
to participate in industrial insurance safety programs and return-to-work programs by authorizing use of the industrial insurance premium refunds earned
by agencies or institutions of higher education participating in industrial
insurance retrospective rating programs. Since agency and institution of
higher education retrospective rating refunds are generated from safety performance and cannot be set at predictable levels determined by the budget
process, the incentive awards should not impact an agency's or institution of
higher education's legislatively approved budget." [1997 c 327 § 2; 1990 c
204 § 1.]
Effective date—1990 c 204 § 2: "Section 2 of this act shall take effect
July 1, 1990." [1990 c 204 § 6.]
Chapter 51.48
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Sections
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
51.48.040
51.48.103
Chapter 51.48 RCW
PENALTIES
Chapter 51.44
Chapter 51.44 RCW
FUNDS
51.48.280
Inspection of employer's records. (Effective July 1, 2004.)
Engaging in business without certificate of coverage. (Effective July 1, 2004.)
Kickbacks, bribes, and rebates—Representation fees—Criminal liability—Exceptions. (Effective July 1, 2004.)
51.48.040
Sections
51.44.170
Industrial insurance premium refund account.
51.44.170
51.44.170 Industrial insurance premium refund
account. The industrial insurance premium refund account is
created in the custody of the state treasurer. All industrial
insurance refunds earned by state agencies or institutions of
higher education under the state fund retrospective rating
program shall be deposited into the account. The account is
subject to the allotment procedures under chapter 43.88
RCW, but no appropriation is required for expenditures from
the account. Only the executive head of the agency or institution of higher education, or designee, may authorize expenditures from the account. No agency or institution of higher
education may make an expenditure from the account for an
amount greater than the refund earned by the agency. If the
agency or institution of higher education has staff dedicated
to workers' compensation claims management, expenditures
from the account must be used to pay for that staff, but additional expenditure from the account may be used for any program within an agency or institution of higher education that
promotes or provides incentives for employee workplace
safety and health and early, appropriate return-to-work for
injured employees. During the 2003-2005 fiscal biennium,
the legislature may transfer from the industrial insurance premium refund account to the state general fund such amounts
as reflect the excess fund balance of the account. [2003 1st
sp.s. c 25 § 926; 2002 c 371 § 916; 1997 c 327 § 1; 1991 sp.s.
c 13 § 29; 1990 c 204 § 2.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
[2003 RCW Supp—page 744]
51.48.040 Inspection of employer's records. (Effective July 1, 2004.) (1) The books, records and payrolls of the
employer pertinent to the administration of this title shall
always be open to inspection by the department or its traveling auditor, agent or assistant, for the purpose of ascertaining
the correctness of the payroll, the persons employed, and
such other information as may be necessary for the department and its management under this title.
(2) Refusal on the part of the employer to submit his or
her books, records and payrolls for such inspection to the
department, or any assistant presenting written authority
from the director, shall subject the offending employer to a
penalty determined by the director but not to exceed two hundred fifty dollars for each offense and the individual who personally gives such refusal is guilty of a misdemeanor.
(3) Any employer who fails to allow adequate inspection
in accordance with the requirements of this section is subject
to having its certificate of coverage revoked by order of the
department and is forever barred from questioning in any
proceeding in front of the board of industrial insurance
appeals or any court, the correctness of any assessment by the
department based on any period for which such records have
not been produced for inspection. [2003 c 53 § 282; 1986 c 9
§ 9; 1985 c 347 § 5; 1961 c 23 § 51.48.040. Prior: 1911 c 74
§ 15, part; RRS § 7690, part.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
51.48.103
51.48.103 Engaging in business without certificate of
coverage. (Effective July 1, 2004.) (1) It is a gross misdemeanor:
(a) For any employer to engage in business subject to
this title without having obtained a certificate of coverage as
provided for in this title;
Appeals
(b) For the president, vice-president, secretary, treasurer,
or other officer of any company to cause or permit the company to engage in business subject to this title without having
obtained a certificate of coverage as provided for in this title.
(2) It is a class C felony punishable according to chapter
9A.20 RCW:
(a) For any employer to engage in business subject to
this title after the employer's certificate of coverage has been
revoked by order of the department;
(b) For the president, vice-president, secretary, treasurer,
or other officer of any company to cause or permit the company to engage in business subject to this title after revocation of a certificate of coverage. [2003 c 53 § 283; 1986 c 9
§ 12.]
51.52.010
reflected in the costs claimed or charges made by the provider
or entity under this chapter; and
(b) Any amount paid by an employer to an employee
(who has a bona fide employment relationship with such
employer) for employment in the provision of covered items
or services.
(6) Subsections (1) and (2) of this section, if applicable
to the conduct involved, shall supersede the criminal provisions of chapter 19.68 RCW, but shall not preclude administrative proceedings authorized by chapter 19.68 RCW. [2003
c 53 § 284; 1997 c 336 § 1; 1986 c 200 § 6.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 51.52
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
51.48.280
51.48.280 Kickbacks, bribes, and rebates—Representation fees—Criminal liability—Exceptions. (Effective July 1, 2004.) (1) It is a class C felony for any person,
firm, corporation, partnership, association, agency, institution, or other legal entity to solicit or receive any remuneration (including any kickback, bribe, or rebate) directly or
indirectly, overtly or covertly, in cash or in kind:
(a) In return for referring an individual to a person for the
furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part
under this chapter; or
(b) In return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any
goods, facility, service, or item for which payment may be
made in whole or in part under this chapter.
(2) It is a class C felony for any person, firm, corporation, partnership, association, agency, institution, or other
legal entity to offer or pay any remuneration (including any
kickback, bribe, or rebate) directly or indirectly, overtly or
covertly, in cash or in kind to any person to induce such person:
(a) To refer an individual to a person for the furnishing or
arranging for the furnishing of any item or service for which
payment may be made, in whole or in part, under this chapter;
or
(b) To purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any goods, facility,
service, or item for which payment may be made in whole or
in part under this chapter.
(3) A health services provider who (a) provides a health
care service to a claimant, while acting as the claimant's representative for the purpose of obtaining authorization for the
services, and (b) charges a percentage of the claimant's benefits or other fee for acting as the claimant's representative
under this title is guilty of a gross misdemeanor.
(4) Any fine imposed as a result of a violation of subsection (1), (2), or (3) of this section shall not be in an amount
more than twenty-five thousand dollars, except as authorized
by RCW 9A.20.030.
(5) Subsections (1) and (2) of this section shall not apply
to:
(a) A discount or other reduction in price obtained by a
provider of services or other entity under this chapter if the
reduction in price is properly disclosed and appropriately
Chapter 51.52 RCW
APPEALS
Sections
51.52.010
51.52.104
51.52.120
Board of industrial insurance appeals.
Industrial appeals judge—Recommended decision and
order—Petition for review—Finality of order.
Attorney's fee before department or board—Unlawful attorney's fees. (Effective July 1, 2004.)
51.52.010
51.52.010 Board of industrial insurance appeals.
There shall be a "board of industrial insurance appeals," hereinafter called the "board," consisting of three members
appointed by the governor, with the advice and consent of the
senate, as hereinafter provided. One shall be a representative
of the public and a lawyer, appointed from a mutually agreed
to list of not less than three active or judicial members of the
Washington state bar association, submitted to the governor
by the two organizations defined below, and such member
shall be the chairperson of said board. The second member
shall be a representative of the majority of workers engaged
in employment under this title and selected from a list of not
less than three names submitted to the governor by an organization, statewide in scope, which through its affiliates
embraces a cross section and a majority of the organized
labor of the state. The third member shall be a representative
of employers under this title, and appointed from a list of at
least three names submitted to the governor by a recognized
statewide organization of employers, representing a majority
of employers. The initial terms of office of the members of
the board shall be for six, four, and two years respectively.
Thereafter all terms shall be for a period of six years. Each
member of the board shall be eligible for reappointment and
shall hold office until his or her successor is appointed and
qualified. In the event of a vacancy the governor is authorized to appoint a successor to fill the unexpired term of his or
her predecessor. All appointments to the board shall be made
in conformity with the foregoing plan. In the event a board
member becomes incapacitated in excess of thirty days either
due to his or her illness or that of an immediate family member as determined by a request for family leave or as certified
by the affected member's treating physician, the governor
shall appoint an acting member to serve pro tem. Such an
appointment shall be made in conformity with the foregoing
plan, except that the list of candidates shall be submitted to
the governor not more than fifteen days after the affected
organizations are notified of the incapacity and the governor
shall make the appointment within fifteen days after the list is
[2003 RCW Supp—page 745]
51.52.104
Title 52 RCW: Fire Protection Districts
submitted. The temporary member shall serve until such
time as the affected member is able to reassume his or her
duties by returning from requested family leave or as determined by the treating physician or until the affected member's term expires, whichever occurs first. Whenever the
workload of the board and its orderly and expeditious disposition shall necessitate, the governor may appoint two additional pro-tem members in addition to the regular members.
Such appointments shall be for a definite period of time, and
shall be made from lists submitted respectively by labor and
industry as in the case of regular members. One pro-tem
member shall be a representative of labor and one shall be a
representative of industry. Members shall devote their entire
time to the duties of the board and shall receive for their services a salary as fixed by the governor in accordance with the
provisions of RCW 43.03.040 which shall be in addition to
travel expenses in accordance with RCW 43.03.050 and
43.03.060 as now existing or hereafter amended. Headquarters for the board shall be located in Olympia. The board
shall adopt a seal which shall be judicially recognized. [2003
c 224 § 1; 1999 c 149 § 1; 1981 c 338 § 10; 1977 ex.s. c 350
§ 74; 1975-'76 2nd ex.s. c 34 § 151; 1971 ex.s. c 289 § 68;
1965 ex.s. c 165 § 3; 1961 c 307 § 8; 1961 c 23 § 51.52.010.
Prior: 1951 c 225 § 1; prior: 1949 c 219 § 2; Rem. Supp.
1949 § 10837-1.]
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.52.104
51.52.104 Industrial appeals judge—Recommended
decision and order—Petition for review—Finality of
order. After all evidence has been presented at hearings conducted by an industrial appeals judge, who shall be an active
or judicial member of the Washington state bar association,
the industrial appeals judge shall enter a proposed or recommended decision and order which shall be in writing and shall
contain findings and conclusions as to each contested issue of
fact and law, as well as the order based thereon. The industrial appeals judge shall file the signed original of the proposed decision and order with the board, and copies thereof
shall be mailed by the board to each party to the appeal and to
each party's attorney or representative of record. Within
twenty days, or such further time as the board may allow on
written application of a party, filed within said twenty days
from the date of communication of the proposed decision and
order to the parties or their attorneys or representatives of
record, any party may file with the board a written petition for
review of the same. Filing of a petition for review is perfected by mailing or personally delivering the petition to the
board's offices in Olympia. Such petition for review shall set
forth in detail the grounds therefor and the party or parties filing the same shall be deemed to have waived all objections or
irregularities not specifically set forth therein.
In the event no petition for review is filed as provided
herein by any party, the proposed decision and order of the
industrial appeals judge shall be adopted by the board and
become the decision and order of the board, and no appeal
may be taken therefrom to the courts. If an order adopting the
proposed decision and order is not formally signed by the
board on the day following the date the petition for review of
[2003 RCW Supp—page 746]
the proposed decision and order is due, said proposed decision and order shall be deemed adopted by the board and
become the decision and order of the board, and no appeal
may be taken therefrom to the courts. [2003 c 224 § 2; 1985
c 314 § 1; 1982 c 109 § 5; 1971 ex.s. c 289 § 22; 1963 c 148
§ 6.]
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.52.120
51.52.120 Attorney's fee before department or
board—Unlawful attorney's fees. (Effective July 1, 2004.)
(1) It shall be unlawful for an attorney engaged in the representation of any worker or beneficiary to charge for services
in the department any fee in excess of a reasonable fee, of not
more than thirty percent of the increase in the award secured
by the attorney's services. Such reasonable fee shall be fixed
by the director or the director's designee for services performed by an attorney for such worker or beneficiary, if written application therefor is made by the attorney, worker, or
beneficiary within one year from the date the final decision
and order of the department is communicated to the party
making the application.
(2) If, on appeal to the board, the order, decision, or
award of the department is reversed or modified and additional relief is granted to a worker or beneficiary, or in cases
where a party other than the worker or beneficiary is the
appealing party and the worker's or beneficiary's right to
relief is sustained by the board, the board shall fix a reasonable fee for the services of his or her attorney in proceedings
before the board if written application therefor is made by the
attorney, worker, or beneficiary within one year from the date
the final decision and order of the board is communicated to
the party making the application. In fixing the amount of
such attorney's fee, the board shall take into consideration the
fee allowed, if any, by the director, for services before the
department, and the board may review the fee fixed by the
director. Any attorney's fee set by the department or the
board may be reviewed by the superior court upon application of such attorney, worker, or beneficiary. The department
or self-insured employer, as the case may be, shall be served
a copy of the application and shall be entitled to appear and
take part in the proceedings. Where the board, pursuant to
this section, fixes the attorney's fee, it shall be unlawful for an
attorney to charge or receive any fee for services before the
board in excess of that fee fixed by the board.
(3) Any person who violates this section is guilty of a
misdemeanor. [2003 c 53 § 285; 1990 c 15 § 1; 1982 c 63 §
22; 1977 ex.s. c 350 § 81; 1965 ex.s. c 63 § 1; 1961 c 23 §
51.52.120. Prior: 1951 c 225 § 16; prior: 1947 c 246 § 3;
Rem. Supp. 1947 § 7679-3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
Title 52
Title 52
FIRE PROTECTION DISTRICTS
Chapters
52.02 Formation.
Formation
52.04
52.12
Chapter 52.02
Annexation.
Powers—Burning permits.
Chapter 52.02 RCW
FORMATION
Sections
52.02.020
Districts authorized—Health clinic services.
52.02.020
52.02.020 Districts authorized—Health clinic services. (1) Fire protection districts for the provision of fire
prevention services, fire suppression services, emergency
medical services, and for the protection of life and property in
areas outside of cities and towns, except where the cities and
towns have been annexed into a fire protection district or
where the district is continuing service pursuant to RCW
35.02.202, are authorized to be established as provided in this
title.
(2) In addition to other services authorized under this
section, fire protection districts that share a common border
with Canada and are surrounded on three sides by water, may
also establish or participate in the provision of health clinic
services. [2003 c 309 § 1; 1991 c 360 § 10; 1984 c 230 § 1;
1979 ex.s. c 179 § 5; 1959 c 237 § 1; 1947 c 254 § 1; 1945 c
162 § 1; 1943 c 121 § 1; 1941 c 70 § 1; 1939 c 34 § 1; Rem.
Supp. 5654-101. Formerly RCW 52.04.020.]
Construction—Severability—1939 c 34: "The provisions of this act
and proceedings thereunder shall be liberally construed with a view to effect
their objects. If any section or provision of this act shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of
the act as a whole or any section, provision or part thereof not adjudged to be
invalid or unconstitutional." [1939 c 34 § 51.]
Validating—Saving—1939 c 34: "Any petition heretofore drawn,
signed and filed with the county auditor in compliance with the provisions of
section 1 to section 6, inclusive, of the Laws of 1933, Extraordinary Session,
shall be valid and the various steps required by this act for the creation of a
fire-protection district may be continued, if the further steps to be taken are
begun within ninety (90) days after the taking effect of this act [March 1,
1939], and it shall not be necessary to prepare, sign and file with the county
auditor a new petition, and any district so created shall not be invalid by reason of the failure to draw, sign and file a new petition under the provisions of
this act." [1939 c 34 § 49.]
Chapter 52.04
Chapter 52.04 RCW
ANNEXATION
Sections
52.04.161
52.04.161
Newly incorporated city or town deemed annexed by district—Withdrawal.
52.04.161 Newly incorporated city or town deemed
annexed by district—Withdrawal. If the area of a newly
incorporated city or town is located in one or more fire protection districts, the city or town is deemed to have been
annexed by the fire protection district or districts effective
immediately on the city's or town's official date of incorporation, unless the city or town council adopts a resolution during the interim transition period precluding the annexation of
the newly incorporated city or town by the fire protection district or districts. The newly incorporated city or town shall
remain annexed to the fire protection district or districts for
the remainder of the year of the city's or town's official date
of incorporation, or through the following year if such extension is approved by resolution adopted by the city or town
52.12.135
council and by the board or boards of fire commissioners, and
shall be withdrawn from the fire protection district or districts
at the end of this period, unless a ballot proposition is adopted
by the voters providing for annexation of the city or town to
one fire protection district or providing for the fire protection
district or districts to annex only that area of the city or town
located within the district. Such election shall be held pursuant to RCW 52.04.071 where possible, provided that in
annexations to more than one fire protection district, the qualified elector shall reside within the boundaries of the appropriate fire protection district or in that area of the city located
within the district.
If the city or town is withdrawn from the fire protection
district or districts, the maximum rate of the first property tax
levy that is imposed by the city or town after the withdrawal
is calculated as if the city or town never had been annexed by
the fire protection district or districts. [2003 c 253 § 1; 1993
c 262 § 1.]
Chapter 52.12
Chapter 52.12 RCW
POWERS—BURNING PERMITS
Sections
52.12.135
Interlocal agreements for ambulance services.
52.12.135
52.12.135 Interlocal agreements for ambulance services. (1) A rural fire protection district organized under this
title may enter into a contract pursuant to chapter 39.34 RCW
with a contiguous city for the furnishing by the city to the fire
protection district or districts of emergency medical services
in the form of ambulance services, provided that the contract
may not provide for the establishment of any ambulance service that would compete with any existing, private ambulance service. The fire protection district or districts may
impose a monthly utility service charge on each developed
residential property located in the portion of the fire protection district or districts served pursuant to the contract in an
amount equal to the amount imposed by the city on similar
city developed residential property. Developed residential
property includes single-family residences, apartments, manufactured homes, mobile homes, and trailers available for
occupancy for a continuous period greater than thirty days. A
fire protection district or districts may contract with the contiguous city or with any other governmental entity pursuant
to chapter 39.34 RCW for the billing and collection services
related to the monthly utility service charge for ambulance
service. A city providing ambulance services to a fire protection district or districts under a contract entered into pursuant
to this subsection may charge individuals actually using the
ambulance services reasonable rates and charges for the
ambulance services.
(2) For purposes of this section, "rural" means a population density within the fire protection district or districts as a
whole of ten or fewer persons per square mile. [2003 c 209 §
1.]
[2003 RCW Supp—page 747]
Title 53
Title 53 RCW: Port Districts
Title 53
Title 53
PORT DISTRICTS
Chapters
53.08 Powers.
53.34 Toll facilities.
Chapter 53.08
Chapter 53.08 RCW
POWERS
53.08.420
53.08.420 Cooperative watershed management. In
addition to the authority provided in this chapter, a port district may participate in and expend revenue on cooperative
watershed management actions, including watershed management partnerships under RCW 39.34.210 and other intergovernmental agreements, for purposes of water supply,
water quality, and water resource and habitat protection and
management. [2003 c 327 § 16.]
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
Chapter 53.34 RCW
TOLL FACILITIES
Chapter 53.34
Sections
53.08.220
53.08.420
Regulations authorized—Adoption as part of ordinance or resolution of city or county, procedure—Enforcement—Penalty for violation. (Effective July 1, 2004.)
Cooperative watershed management.
Sections
53.34.190
Bylaws, rules for management, uses, charges—Penalty for
violation. (Effective July 1, 2004.)
53.08.220
53.08.220 Regulations authorized—Adoption as part
of ordinance or resolution of city or county, procedure—
Enforcement—Penalty for violation. (Effective July 1,
2004.) (1) A port district may formulate all needful regulations for the use by tenants, agents, servants, licensees, invitees, suppliers, passengers, customers, shippers, business visitors, and members of the general public of any properties or
facilities owned or operated by it, and request the adoption,
amendment, or repeal of such regulations as part of the ordinances of the city or town in which such properties or facilities are situated, or as part of the resolutions of the county, if
such properties or facilities be situated outside any city or
town. The port commission shall make such request by resolution after holding a public hearing on the proposed regulations, of which at least ten days' notice shall be published in a
legal newspaper of general circulation in the port district.
Such regulations must conform to and be consistent with federal and state law. As to properties or facilities situated
within a city or town, such regulations must conform to and
be consistent with the ordinances of the city or town. As to
properties or facilities situated outside any city or town, such
regulations must conform to and be consistent with county
resolutions. Upon receiving such request, the governing
body of the city, town, or county, as the case may be, may
adopt such regulations as part of its ordinances or resolutions,
or amend or repeal such regulations in accordance with the
terms of the request.
(2)(a) Except as otherwise provided in this subsection,
any violation of the regulations described in subsection (1) of
this section is a misdemeanor which shall be redressed in the
same manner as other police regulations of the city, town, or
county, and it shall be the duty of all law enforcement officers
to enforce such regulations accordingly.
(b) Except as provided in (c) of this subsection, violation
of such a regulation relating to traffic including parking,
standing, stopping, and pedestrian offenses is a traffic infraction.
(c) Violation of such a regulation equivalent to those
provisions of Title 46 RCW set forth in RCW 46.63.020
remains a misdemeanor. [2003 c 53 § 286; 1979 ex.s. c 136
§ 103; 1961 c 38 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
[2003 RCW Supp—page 748]
53.34.190
53.34.190 Bylaws, rules for management, uses,
charges—Penalty for violation. (Effective July 1, 2004.)
(1) Any port district establishing a project under the authority
of this chapter may make such bylaws, rules, and regulations
for the management and use of such project and for the collection of rentals, tolls, fees, and other charges for services or
commodities sold, furnished or supplied through such
project.
(2) The violation of any bylaw, rule, or regulation
described in subsection (1) of this section is a misdemeanor
punishable by fine not to exceed one hundred dollars or by
imprisonment for not longer than thirty days, or both. [2003
c 53 § 287; 1959 c 236 § 19.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Title 54
Title 54
PUBLIC UTILITY DISTRICTS
Chapters
54.16 Powers.
Chapter 54.16
Chapter 54.16 RCW
POWERS
Sections
54.16.360
54.16.370
Cooperative watershed management.
Purchase of electric power and energy from joint operating
agency.
54.16.360
54.16.360 Cooperative watershed management. In
addition to the authority provided in RCW 54.16.030 relating
to water supply, a public utility district may participate in and
expend revenue on cooperative watershed management
actions, including watershed management partnerships under
RCW 39.34.210 and other intergovernmental agreements, for
purposes of water supply, water quality, and water resource
and habitat protection and management. [2003 c 327 § 14.]
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
54.16.370
54.16.370 Purchase of electric power and energy
from joint operating agency. A district may contract to purchase from a joint operating agency electric power and
energy required for its present or future requirements. For
Water-Sewer Districts
projects the output of which is limited to qualified alternative
energy resources as defined by RCW 19.29A.090(3), the contract may include the purchase of capability of the projects to
produce electricity in addition to the actual output of the
projects. The contract may provide that the district must
make the payments required by the contract whether or not a
project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction,
or curtailment of the output of a project or the power and
energy contracted for. The contract may also provide that
payments under the contract are not subject to reduction,
whether by offset or otherwise, and shall not be conditioned
upon the performance or nonperformance of the joint operating agency or a city, town, or district under the contract or
other instrument. [2003 c 138 § 2.]
Title 57
Title 57
WATER-SEWER DISTRICTS
Chapters
57.08 Powers.
Chapter 57.08
Chapter 57.08 RCW
POWERS
Sections
57.08.005
57.08.050
57.08.081
57.08.190
57.08.005
Powers.
Contracts for materials and work—Notice—Bids—Small
works roster—Requirements waived, when.
Rates and charges—Delinquencies.
Cooperative watershed management.
57.08.005 Powers. A district shall have the following
powers:
(1) To acquire by purchase or condemnation, or both, all
lands, property and property rights, and all water and water
rights, both within and without the district, necessary for its
purposes. The right of eminent domain shall be exercised in
the same manner and by the same procedure as provided for
cities and towns, insofar as consistent with this title, except
that all assessment or reassessment rolls to be prepared and
filed by eminent domain commissioners or commissioners
appointed by the court shall be prepared and filed by the district, and the duties devolving upon the city treasurer are
imposed upon the county treasurer;
(2) To lease real or personal property necessary for its
purposes for a term of years for which that leased property
may reasonably be needed;
(3) To construct, condemn and purchase, add to, maintain, and supply waterworks to furnish the district and inhabitants thereof and any other persons, both within and without
the district, with an ample supply of water for all uses and
purposes public and private with full authority to regulate and
control the use, content, distribution, and price thereof in
such a manner as is not in conflict with general law and may
construct, acquire, or own buildings and other necessary district facilities. Where a customer connected to the district's
system uses the water on an intermittent or transient basis, a
district may charge for providing water service to such a customer, regardless of the amount of water, if any, used by the
customer. District waterworks may include facilities which
57.08.005
result in combined water supply and electric generation, if the
electricity generated thereby is a byproduct of the water supply system. That electricity may be used by the district or
sold to any entity authorized by law to use or distribute electricity. Electricity is deemed a byproduct when the electrical
generation is subordinate to the primary purpose of water
supply. For such purposes, a district may take, condemn and
purchase, acquire, and retain water from any public or navigable lake, river or watercourse, or any underflowing water,
and by means of aqueducts or pipeline conduct the same
throughout the district and any city or town therein and carry
it along and upon public highways, roads, and streets, within
and without such district. For the purpose of constructing or
laying aqueducts or pipelines, dams, or waterworks or other
necessary structures in storing and retaining water or for any
other lawful purpose such district may occupy the beds and
shores up to the high water mark of any such lake, river, or
other watercourse, and may acquire by purchase or condemnation such property or property rights or privileges as may
be necessary to protect its water supply from pollution. For
the purposes of waterworks which include facilities for the
generation of electricity as a byproduct, nothing in this section may be construed to authorize a district to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to
acquire such rights or facilities without the consent of the
owner;
(4) To purchase and take water from any municipal corporation, private person, or entity. A district contiguous to
Canada may contract with a Canadian corporation for the
purchase of water and for the construction, purchase, maintenance, and supply of waterworks to furnish the district and
inhabitants thereof and residents of Canada with an ample
supply of water under the terms approved by the board of
commissioners;
(5) To construct, condemn and purchase, add to, maintain, and operate systems of sewers for the purpose of furnishing the district, the inhabitants thereof, and persons outside the district with an adequate system of sewers for all uses
and purposes, public and private, including but not limited to
on-site sewage disposal facilities, approved septic tanks or
approved septic tank systems, on-site sanitary sewerage systems, inspection services and maintenance services for private and public on-site systems, point and nonpoint water
pollution monitoring programs that are directly related to the
sewerage facilities and programs operated by a district, other
facilities, programs, and systems for the collection, interception, treatment, and disposal of wastewater, and for the control of pollution from wastewater with full authority to regulate the use and operation thereof and the service rates to be
charged. Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner's agent, or trained owner. Training must
occur in a program approved by the state board of health or
by a local health officer. Sewage facilities may include facilities which result in combined sewage disposal or treatment
and electric generation, except that the electricity generated
thereby is a byproduct of the system of sewers. Such electricity may be used by the district or sold to any entity authorized
[2003 RCW Supp—page 749]
57.08.005
Title 57 RCW: Water-Sewer Districts
by law to distribute electricity. Electricity is deemed a
byproduct when the electrical generation is subordinate to the
primary purpose of sewage disposal or treatment. For such
purposes a district may conduct sewage throughout the district and throughout other political subdivisions within the
district, and construct and lay sewer pipe along and upon
public highways, roads, and streets, within and without the
district, and condemn and purchase or acquire land and rights
of way necessary for such sewer pipe. A district may erect
sewage treatment plants within or without the district, and
may acquire, by purchase or condemnation, properties or
privileges necessary to be had to protect any lakes, rivers, or
watercourses and also other areas of land from pollution from
its sewers or its sewage treatment plant. For the purposes of
sewage facilities which include facilities that result in combined sewage disposal or treatment and electric generation
where the electric generation is a byproduct, nothing in this
section may be construed to authorize a district to condemn
electric generating, transmission, or distribution rights or
facilities of entities authorized by law to distribute electricity,
or to acquire such rights or facilities without the consent of
the owners;
(6)(a) To construct, condemn and purchase, add to,
maintain, and operate systems of drainage for the benefit and
use of the district, the inhabitants thereof, and persons outside
the district with an adequate system of drainage, including
but not limited to facilities and systems for the collection,
interception, treatment, and disposal of storm or surface
waters, and for the protection, preservation, and rehabilitation of surface and underground waters, and drainage facilities for public highways, streets, and roads, with full authority to regulate the use and operation thereof and, except as
provided in (b) of this subsection, the service rates to be
charged.
(b) The rate a district may charge under this section for
storm or surface water sewer systems or the portion of the
rate allocable to the storm or surface water sewer system of
combined sanitary sewage and storm or surface water sewer
systems shall be reduced by a minimum of ten percent for any
new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate
reductions in excess of ten percent dependent upon the
amount of rainwater harvested.
(c) Drainage facilities may include natural systems.
Drainage facilities may include facilities which result in combined drainage facilities and electric generation, except that
the electricity generated thereby is a byproduct of the drainage system. Such electricity may be used by the district or
sold to any entity authorized by law to distribute electricity.
Electricity is deemed a byproduct when the electrical generation is subordinate to the primary purpose of drainage collection, disposal, and treatment. For such purposes, a district
may conduct storm or surface water throughout the district
and throughout other political subdivisions within the district, construct and lay drainage pipe and culverts along and
upon public highways, roads, and streets, within and without
the district, and condemn and purchase or acquire land and
rights of way necessary for such drainage systems. A district
may provide or erect facilities and improvements for the
[2003 RCW Supp—page 750]
treatment and disposal of storm or surface water within or
without the district, and may acquire, by purchase or condemnation, properties or privileges necessary to be had to
protect any lakes, rivers, or watercourses and also other areas
of land from pollution from storm or surface waters. For the
purposes of drainage facilities which include facilities that
also generate electricity as a byproduct, nothing in this section may be construed to authorize a district to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to
acquire such rights or facilities without the consent of the
owners;
(7) To construct, condemn, acquire, and own buildings
and other necessary district facilities;
(8) To compel all property owners within the district
located within an area served by the district's system of sewers to connect their private drain and sewer systems with the
district's system under such penalty as the commissioners
shall prescribe by resolution. The district may for such purpose enter upon private property and connect the private
drains or sewers with the district system and the cost thereof
shall be charged against the property owner and shall be a
lien upon property served;
(9) Where a district contains within its borders, abuts, or
is located adjacent to any lake, stream, ground water as
defined by RCW 90.44.035, or other waterway within the
state of Washington, to provide for the reduction, minimization, or elimination of pollutants from those waters in accordance with the district's comprehensive plan, and to issue
general obligation bonds, revenue bonds, local improvement
district bonds, or utility local improvement bonds for the purpose of paying all or any part of the cost of reducing, minimizing, or eliminating the pollutants from these waters;
(10) Subject to subsection (6) of this section, to fix rates
and charges for water, sewer, and drain service supplied and
to charge property owners seeking to connect to the district's
systems, as a condition to granting the right to so connect, in
addition to the cost of the connection, such reasonable connection charge as the board of commissioners shall determine
to be proper in order that those property owners shall bear
their equitable share of the cost of the system. For the purposes of calculating a connection charge, the board of commissioners shall determine the pro rata share of the cost of
existing facilities and facilities planned for construction
within the next ten years and contained in an adopted comprehensive plan and other costs borne by the district which
are directly attributable to the improvements required by
property owners seeking to connect to the system. The cost
of existing facilities shall not include those portions of the
system which have been donated or which have been paid for
by grants. The connection charge may include interest
charges applied from the date of construction of the system
until the connection, or for a period not to exceed ten years,
whichever is shorter, at a rate commensurate with the rate of
interest applicable to the district at the time of construction or
major rehabilitation of the system, or at the time of installation of the lines to which the property owner is seeking to
connect. A district may permit payment of the cost of connection and the reasonable connection charge to be paid with
interest in installments over a period not exceeding fifteen
years. The county treasurer may charge and collect a fee of
Powers
three dollars for each year for the treasurer's services. Those
fees shall be a charge to be included as part of each annual
installment, and shall be credited to the county current
expense fund by the county treasurer. Revenues from connection charges excluding permit fees are to be considered
payments in aid of construction as defined by department of
revenue rule. Rates or charges for on-site inspection and
maintenance services may not be imposed under this chapter
on the development, construction, or reconstruction of property.
Before adopting on-site inspection and maintenance utility services, or incorporating residences into an on-site
inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area
that have on-site systems permitted by the local health
officer. The notice must clearly state that the residence is
within the proposed service area and must provide information on estimated rates or charges that may be imposed for the
service.
A water-sewer district shall not provide on-site sewage
system inspection, pumping services, or other maintenance or
repair services under this section using water-sewer district
employees unless the on-site system is connected by a publicly owned collection system to the water-sewer district's
sewerage system, and the on-site system represents the first
step in the sewage disposal process.
Except as otherwise provided in RCW 90.03.525, any
public entity and public property, including the state of
Washington and state property, shall be subject to rates and
charges for sewer, water, storm water control, drainage, and
street lighting facilities to the same extent private persons and
private property are subject to those rates and charges that are
imposed by districts. In setting those rates and charges, consideration may be made of in-kind services, such as stream
improvements or donation of property;
(11) To contract with individuals, associations and corporations, the state of Washington, and the United States;
(12) To employ such persons as are needed to carry out
the district's purposes and fix salaries and any bond requirements for those employees;
(13) To contract for the provision of engineering, legal,
and other professional services as in the board of commissioner's discretion is necessary in carrying out their duties;
(14) To sue and be sued;
(15) To loan and borrow funds and to issue bonds and
instruments evidencing indebtedness under chapter 57.20
RCW and other applicable laws;
(16) To transfer funds, real or personal property, property interests, or services subject to RCW 57.08.015;
(17) To levy taxes in accordance with this chapter and
chapters 57.04 and 57.20 RCW;
(18) To provide for making local improvements and to
levy and collect special assessments on property benefitted
thereby, and for paying for the same or any portion thereof in
accordance with chapter 57.16 RCW;
(19) To establish street lighting systems under RCW
57.08.060;
(20) To exercise such other powers as are granted to
water-sewer districts by this title or other applicable laws;
and
57.08.050
(21) To exercise any of the powers granted to cities and
counties with respect to the acquisition, construction, maintenance, operation of, and fixing rates and charges for waterworks and systems of sewerage and drainage. [2003 c 394 §
5; 1999 c 153 § 2; 1997 c 447 § 16; 1996 c 230 § 301.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.08.050
57.08.050 Contracts for materials and work—
Notice—Bids—Small works roster—Requirements
waived, when. (1) All work ordered, the estimated cost of
which is in excess of ten thousand dollars, shall be let by contract and competitive bidding. Before awarding any such
contract the board of commissioners shall publish a notice in
a newspaper of general circulation where the district is
located at least once thirteen days before the last date upon
which bids will be received, inviting sealed proposals for
such work, plans and specifications which must at the time of
publication of such notice be on file in the office of the board
of commissioners subject to the public inspection. The notice
shall state generally the work to be done and shall call for
proposals for doing the same to be sealed and filed with the
board of commissioners on or before the day and hour named
therein.
Each bid shall be accompanied by a certified or cashier's
check or postal money order payable to the order of the
county treasurer for a sum not less than five percent of the
amount of the bid, or accompanied by a bid bond in an
amount not less than five percent of the bid with a corporate
surety licensed to do business in the state, conditioned that
the bidder will pay the district as liquidated damages the
amount specified in the bond, unless the bidder enters into a
contract in accordance with the bidder's bid, and no bid shall
be considered unless accompanied by such check, cash or bid
bond. At the time and place named such bids shall be publicly opened and read and the board of commissioners shall
proceed to canvass the bids and may let such contract to the
lowest responsible bidder upon plans and specifications on
file or to the best bidder submitting the bidder's own plans
and specifications. The board of commissioners may reject
all bids for good cause and readvertise and in such case all
checks, cash or bid bonds shall be returned to the bidders. If
the contract is let, then all checks, cash, or bid bonds shall be
returned to the bidders, except that of the successful bidder,
which shall be retained until a contract shall be entered into
for doing the work, and a bond to perform such work furnished with sureties satisfactory to the board of commissioners in the full amount of the contract price between the bidder
and the commission in accordance with the bid. If the bidder
fails to enter into the contract in accordance with the bid and
furnish the bond within ten days from the date at which the
bidder is notified that the bidder is the successful bidder, the
check, cash, or bid bonds and the amount thereof shall be forfeited to the district. If the bidder fails to enter into a contract
in accordance with the bidder's bid, and the board of commissioners deems it necessary to take legal action to collect on
any bid bond required by this section, then the district shall be
entitled to collect from the bidder any legal expenses, includ[2003 RCW Supp—page 751]
57.08.081
Title 57 RCW: Water-Sewer Districts
ing reasonable attorneys' fees occasioned thereby. A low bidder who claims error and fails to enter into a contract is prohibited from bidding on the same project if a second or subsequent call for bids is made for the project.
(2) As an alternative to requirements under subsection
(1) of this section, a water-sewer district may let contracts
using the small works roster process under RCW 39.04.155.
(3) Any purchase of materials, supplies, or equipment,
with an estimated cost in excess of ten thousand dollars, shall
be by contract. Any purchase of materials, supplies, or
equipment, with an estimated cost of less than fifty thousand
dollars shall be made using the process provided in RCW
39.04.190. Any purchase of materials, supplies, or equipment with an estimated cost of fifty thousand dollars or more
shall be made by competitive bidding following the procedure for letting contracts for projects under subsection (1) of
this section.
(4) As an alternative to requirements under subsection
(3) of this section, a water-sewer district may let contracts for
purchase of materials, supplies, or equipment with the suppliers designated on current state agency, county, city, or town
purchasing rosters for the materials, supplies, or equipment,
when the roster has been established in accordance with the
competitive bidding law for purchases applicable to the state
agency, county, city, or town. The price and terms for purchases shall be as described on the applicable roster.
(5) The board may waive the competitive bidding
requirements of this section pursuant to RCW 39.04.280 if an
exemption contained within that section applies to the purchase or public work. [2003 c 145 § 1; 2003 c 60 § 1; 2000 c
138 § 212; 1999 c 153 § 9; 1998 c 278 § 8; 1997 c 245 § 4.
Prior: 1996 c 230 § 311; 1996 c 18 § 14; 1994 c 31 § 2; prior:
1993 c 198 § 21; 1993 c 45 § 8; 1989 c 105 § 2; 1987 c 309 §
2; 1985 c 154 § 2; 1983 c 38 § 2; 1979 ex.s. c 137 § 2; 1975
1st ex.s. c 64 § 2; 1965 c 72 § 1; 1947 c 216 § 2; 1929 c 114
§ 21; Rem. Supp. 1947 § 11598. Cf. 1913 c 161 § 20.]
Reviser's note: This section was amended by 2003 c 60 § 1 and by
2003 c 145 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.08.081
57.08.081 Rates and charges—Delinquencies. (1)
Subject to RCW 57.08.005(6), the commissioners of any district shall provide for revenues by fixing rates and charges for
furnishing sewer and drainage service and facilities to those
to whom service is available or for providing water, such
rates and charges to be fixed as deemed necessary by the
commissioners, so that uniform charges will be made for the
same class of customer or service and facility. Rates and
charges may be combined for the furnishing of more than one
type of sewer or drainage service and facilities.
(2) In classifying customers of such water, sewer, or
drainage system, the board of commissioners may in its discretion consider any or all of the following factors: The difference in cost to various customers; the location of the various customers within and without the district; the difference
[2003 RCW Supp—page 752]
in cost of maintenance, operation, repair, and replacement of
the various parts of the system; the different character of the
service furnished various customers; the quantity and quality
of the service and facility furnished; the time of its use; the
achievement of water conservation goals and the discouragement of wasteful practices; capital contributions made to the
system including but not limited to assessments; and any
other matters which present a reasonable difference as a
ground for distinction. Rates shall be established as deemed
proper by the commissioners and as fixed by resolution and
shall produce revenues sufficient to take care of the costs of
maintenance and operation, revenue bond and warrant interest and principal amortization requirements, and all other
charges necessary for efficient and proper operation of the
system. Prior to furnishing services, a district may require a
deposit to guarantee payment for services. However, failure
to require a deposit does not affect the validity of any lien
authorized by this section.
(3) The commissioners shall enforce collection of connection charges, and rates and charges for water supplied
against property owners connecting with the system or
receiving such water, and for sewer and drainage services
charged against property to which and its owners to whom
the service is available, such charges being deemed charges
against the property served, by addition of penalties of not
more than ten percent thereof in case of failure to pay the
charges at times fixed by resolution. The commissioners may
provide by resolution that where either connection charges or
rates and charges for services supplied are delinquent for any
specified period of time, the district shall certify the delinquencies to the auditor of the county in which the real property is located, and the charges and any penalties added
thereto and interest thereon at the rate of not more than the
prime lending rate of the district's bank plus four percentage
points per year shall be a lien against the property upon which
the service was received, subject only to the lien for general
taxes.
(4) The district may, at any time after the connection
charges or rates and charges for services supplied or available
and penalties are delinquent for a period of sixty days, bring
suit in foreclosure by civil action in the superior court of the
county in which the real property is located. The court may
allow, in addition to the costs and disbursements provided by
statute, attorneys' fees, title search and report costs, and
expenses as it adjudges reasonable. The action shall be in
rem, and may be brought in the name of the district against an
individual or against all of those who are delinquent in one
action. The laws and rules of the court shall control as in
other civil actions.
(5) In addition to the right to foreclose provided in this
section, the district may also cut off all or part of the service
after charges for water or sewer service supplied or available
are delinquent for a period of thirty days.
(6) A district may determine how to apply partial payments on past due accounts.
(7) A district may provide a real property owner or the
owner's designee with duplicate bills for service to tenants, or
may notify an owner or the owner's designee that a tenant's
service account is delinquent. However, if an owner or the
owner's designee notifies the district in writing that a property served by the district is a rental property, asks to be noti-
Landlord and Tenant
fied of a tenant's delinquency, and has provided, in writing, a
complete and accurate mailing address, the district shall
notify the owner or the owner's designee of a tenant's delinquency at the same time and in the same manner the district
notifies the tenant of the tenant's delinquency or by mail.
When a district provides a real property owner or the owner's
designee with duplicates of tenant utility service bills or
notice that a tenant's utility account is delinquent, the district
shall notify the tenant that it is providing the duplicate bills or
delinquency notice to the owner or the owner's designee.
After January 1, 1999, if a district fails to notify the owner of
a tenant's delinquency after receiving a written request to do
so and after receiving the other information required by this
subsection (7), the district shall have no lien against the premises for the tenant's delinquent and unpaid charges. [2003 c
394 § 6; 1999 c 153 § 11. Prior: 1998 c 285 § 2; 1998 c 106
§ 9; 1997 c 447 § 19; 1996 c 230 § 314.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Assessments and charges against state lands: Chapter 79.44 RCW.
57.08.190
57.08.190 Cooperative watershed management. In
addition to the authority provided in RCW 57.08.005, a water
district, sewer district, or water-sewer district may participate
in and expend revenue on cooperative watershed management actions, including watershed management partnerships
under RCW 39.34.210 and other intergovernmental agreements, for purposes of water supply, water quality, and water
resource and habitat protection and management. [2003 c
327 § 13.]
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
Title 59
Title 59
LANDLORD AND TENANT
Chapters
59.18 Residential landlord-tenant act.
59.20 Manufactured/mobile home landlord-tenant act.
Chapter 59.18 RCW
RESIDENTIAL LANDLORD-TENANT ACT
Chapter 59.18
Sections
59.18.200
59.18.220
59.18.550
59.18.200
Tenancy from month to month or for rental period—Termination—Armed Forces exception—Exclusion of children or
conversion to condominium—Notice.
Termination of tenancy for a specified time—Armed forces
exception.
Drug and alcohol free housing—Program of recovery—
Terms—Application of chapter.
59.18.200 Tenancy from month to month or for
rental period—Termination—Armed Forces exception—
Exclusion of children or conversion to condominium—
Notice. (1)(a) When premises are rented for an indefinite
time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month,
or from period to period on which rent is payable, and shall
59.18.550
be terminated by written notice of twenty days or more, preceding the end of any of the months or periods of tenancy,
given by either party to the other.
(b) Any tenant who is a member of the armed forces,
including the national guard and armed forces reserves, or
that tenant's spouse or dependant, may terminate a rental
agreement with less than twenty days' notice if the tenant
receives reassignment or deployment orders that do not allow
a twenty-day notice.
(2) Whenever a landlord plans to change any apartment
or apartments to a condominium form of ownership or plans
to change to a policy of excluding children, the landlord shall
give a written notice to a tenant at least ninety days before termination of the tenancy to effectuate such change in policy.
Such ninety-day notice shall be in lieu of the notice required
by subsection (1) of this section. However, if after giving the
ninety-day notice the change in policy is delayed, the notice
requirements of subsection (1) of this section shall apply
unless waived by the tenant. [2003 c 7 § 1; 1979 ex.s. c 70 §
1; 1973 1st ex.s. c 207 § 20.]
Effective date—2003 c 7: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 24, 2003]." [2003 c 7 § 4.]
Unlawful detainer, notice requirement: RCW 59.12.030(2).
59.18.220
59.18.220 Termination of tenancy for a specified
time—Armed forces exception. (1) In all cases where premises are rented for a specified time, by express or implied
contract, the tenancy shall be deemed terminated at the end of
such specified time.
(2) Any tenant who is a member of the armed forces,
including the national guard and armed forces reserves, or
that tenant's spouse or dependent, may terminate a tenancy
for a specified time if the tenant receives reassignment or
deployment orders. The tenant shall provide notice of the
reassignment or deployment order to the landlord no later
than seven days after receipt. [2003 c 7 § 2; 1973 1st ex.s. c
207 § 22.]
Effective date—2003 c 7: See note following RCW 59.18.200.
59.18.550
59.18.550 Drug and alcohol free housing—Program
of recovery—Terms—Application of chapter. (1) For the
purpose of this section, "drug and alcohol free housing"
requires a rental agreement and means a dwelling in which:
(a) Each of the dwelling units on the premises is occupied or held for occupancy by at least one tenant who is a
recovering alcoholic or drug addict and is participating in a
program of recovery;
(b) The landlord is a nonprofit corporation incorporated
under Title 24 RCW, a corporation for profit incorporated
under Title 23B RCW, or a housing authority created under
chapter 35.82 RCW, and is providing federally assisted housing as defined in chapter 59.28 RCW;
(c) The landlord provides:
(i) A drug and alcohol free environment, covering all
tenants, employees, staff, agents of the landlord, and guests;
(ii) An employee who monitors the tenants for compliance with the requirements of (d) of this subsection;
(iii) Individual and group support for recovery; and
(iv) Access to a specified program of recovery; and
[2003 RCW Supp—page 753]
Chapter 59.20
Title 59 RCW: Landlord and Tenant
(d) The rental agreement is in writing and includes the
following provisions:
(i) The tenant may not use, possess, or share alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription, either on or off the premises;
(ii) The tenant may not allow the tenant's guests to use,
possess, or share alcohol, illegal drugs, controlled substances,
or prescription drugs without a medical prescription, on the
premises;
(iii) The tenant must participate in a program of recovery, which specific program is described in the rental agreement;
(iv) On at least a quarterly basis the tenant must provide
written verification from the tenant's program of recovery
that the tenant is participating in the program of recovery and
the tenant has not used alcohol or illegal drugs;
(v) The landlord has the right to require the tenant to take
a urine analysis test regarding drug or alcohol usage, at the
landlord's discretion and expense; and
(vi) The landlord has the right to terminate the tenant's
tenancy by delivering a three-day notice to terminate with
one day to comply, if a tenant living in drug and alcohol free
housing uses, possesses, or shares alcohol, illegal drugs, controlled substances, or prescription drugs without a medical
prescription.
(2) For the purpose of this section, "program of recovery" means a verifiable program of counseling and rehabilitation treatment services, including a written plan, to assist
recovering alcoholics or drug addicts to recover from their
addiction to alcohol or illegal drugs while living in drug and
alcohol free housing. A "program of recovery" includes
Alcoholics Anonymous, Narcotics Anonymous, and similar
programs.
(3) If a tenant living for less than two years in drug and
alcohol free housing uses, possesses, or shares alcohol, illegal
drugs, controlled substances, or prescription drugs without a
medical prescription, the landlord may deliver a written
notice to the tenant terminating the tenancy for cause as provided in this subsection. The notice must specify the acts
constituting the drug or alcohol violation and must state that
the rental agreement terminates in not less than three days
after delivery of the notice, at a specified date and time. The
notice must also state that the tenant can cure the drug or
alcohol violation by a change in conduct or otherwise within
one day after delivery of the notice. If the tenant cures the
violation within the one-day period, the rental agreement
does not terminate. If the tenant does not cure the violation
within the one-day period, the rental agreement terminates as
provided in the notice. If substantially the same act that constituted a prior drug or alcohol violation of which notice was
given reoccurs within six months, the landlord may terminate
the rental agreement upon at least three days' written notice
specifying the violation and the date and time of termination
of the rental agreement. The tenant does not have a right to
cure this subsequent violation.
(4) Notwithstanding subsections (1), (2), and (3) of this
section, federally assisted housing that is occupied on other
than a transient basis by persons who are required to abstain
from possession or use of alcohol or drugs as a condition of
occupancy and who pay for the use of the housing on a periodic basis, without regard to whether the payment is charac[2003 RCW Supp—page 754]
terized as rent, program fees, or other fees, costs, or charges,
are covered by this chapter unless the living arrangement is
exempt under RCW 59.18.040. [2003 c 382 § 1.]
Chapter 59.20
Chapter 59.20 RCW
MANUFACTURED/MOBILE HOME
LANDLORD-TENANT ACT
Sections
59.20.030
59.20.070
59.20.073
59.20.080
59.20.090
59.20.030
Definitions.
Prohibited acts by landlord.
Transfer of rental agreements.
Grounds for termination of tenancy or occupancy or failure to
renew a tenancy or occupancy—Notice—Mediation.
Term of rental agreements—Renewal—Nonrenewal—Termination—Armed forces exception—Notices.
59.20.030 Definitions. For purposes of this chapter:
(1) "Abandoned" as it relates to a mobile home, manufactured home, or park model owned by a tenant in a mobile
home park, mobile home park cooperative, or mobile home
park subdivision or tenancy in a mobile home lot means the
tenant has defaulted in rent and by absence and by words or
actions reasonably indicates the intention not to continue tenancy;
(2) "Landlord" means the owner of a mobile home park
and includes the agents of a landlord;
(3) "Manufactured home" means a single-family dwelling built according to the United States department of housing and urban development manufactured home construction
and safety standards act, which is a national preemptive
building code. A manufactured home also: (a) Includes
plumbing, heating, air conditioning, and electrical systems;
(b) is built on a permanent chassis; and (c) can be transported
in one or more sections with each section at least eight feet
wide and forty feet long when transported, or when installed
on the site is three hundred twenty square feet or greater;
(4) "Mobile home" means a factory-built dwelling built
prior to June 15, 1976, to standards other than the United
States department of housing and urban development code,
and acceptable under applicable state codes in effect at the
time of construction or introduction of the home into the
state. Mobile homes have not been built since the introduction of the United States department of housing and urban
development manufactured home construction and safety act;
(5) "Mobile home lot" means a portion of a mobile home
park or manufactured housing community designated as the
location of one mobile home, manufactured home, or park
model and its accessory buildings, and intended for the exclusive use as a primary residence by the occupants of that
mobile home, manufactured home, or park model;
(6) "Mobile home park" or "manufactured housing community" means any real property which is rented or held out
for rent to others for the placement of two or more mobile
homes, manufactured homes, or park models for the primary
purpose of production of income, except where such real
property is rented or held out for rent for seasonal recreational purpose only and is not intended for year-round occupancy;
(7) "Mobile home park cooperative" or "manufactured
housing cooperative" means real property consisting of common areas and two or more lots held out for placement of
mobile homes, manufactured homes, or park models in which
Manufactured/Mobile Home Landlord-Tenant Act
both the individual lots and the common areas are owned by
an association of shareholders which leases or otherwise
extends the right to occupy individual lots to its own members;
(8) "Mobile home park subdivision" or "manufactured
housing subdivision" means real property, whether it is called
a subdivision, condominium, or planned unit development,
consisting of common areas and two or more lots held for
placement of mobile homes, manufactured homes, or park
models in which there is private ownership of the individual
lots and common, undivided ownership of the common areas
by owners of the individual lots;
(9) "Park model" means a recreational vehicle intended
for permanent or semi-permanent installation and is used as a
primary residence;
(10) "Recreational vehicle" means a travel trailer, motor
home, truck camper, or camping trailer that is primarily
designed and used as temporary living quarters, is either selfpropelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not
immobilized or permanently affixed to a mobile home lot;
(11) "Tenant" means any person, except a transient, who
rents a mobile home lot;
(12) "Transient" means a person who rents a mobile
home lot for a period of less than one month for purposes
other than as a primary residence;
(13) "Occupant" means any person, including a live-in
care provider, other than a tenant, who occupies a mobile
home, manufactured home, or park model and mobile home
lot. [2003 c 127 § 1; 1999 c 359 § 2; 1998 c 118 § 1; 1993 c
66 § 15; 1981 c 304 § 4; 1980 c 152 § 3; 1979 ex.s. c 186 § 1;
1977 ex.s. c 279 § 3.]
Severability—1981 c 304: See note following RCW 26.16.030.
Severability—1979 ex.s. c 186: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 186 § 30.]
59.20.070
59.20.070 Prohibited acts by landlord. A landlord
shall not:
(1) Deny any tenant the right to sell such tenant's mobile
home, manufactured home, or park model within a park or
require the removal of the mobile home, manufactured home,
or park model from the park because of the sale thereof.
Requirements for the transfer of the rental agreement are in
RCW 59.20.073;
(2) Restrict the tenant's freedom of choice in purchasing
goods or services but may reserve the right to approve or disapprove any exterior structural improvements on a mobile
home space: PROVIDED, That door-to-door solicitation in
the mobile home park may be restricted in the rental agreement. Door-to-door solicitation does not include public officials or candidates for public office meeting or distributing
information to tenants in accordance with subsection (4) of
this section;
(3) Prohibit meetings by tenants of the mobile home park
to discuss mobile home living and affairs, including political
caucuses or forums for or speeches of public officials or candidates for public office, or meetings of organizations that
represent the interest of tenants in the park, held in any of the
park community or recreation halls if these halls are open for
59.20.073
the use of the tenants, conducted at reasonable times and in an
orderly manner on the premises, nor penalize any tenant for
participation in such activities;
(4) Prohibit a public official or candidate for public
office from meeting with or distributing information to tenants in their individual mobile homes, manufactured homes,
or park models, nor penalize any tenant for participating in
these meetings or receiving this information;
(5) Evict a tenant, terminate a rental agreement, decline
to renew a rental agreement, increase rental or other tenant
obligations, decrease services, or modify park rules in retaliation for any of the following actions on the part of a tenant
taken in good faith:
(a) Filing a complaint with any state, county, or municipal governmental authority relating to any alleged violation
by the landlord of an applicable statute, regulation, or ordinance;
(b) Requesting the landlord to comply with the provision
of this chapter or other applicable statute, regulation, or ordinance of the state, county, or municipality;
(c) Filing suit against the landlord for any reason;
(d) Participation or membership in any homeowners
association or group;
(6) Charge to any tenant a utility fee in excess of actual
utility costs or intentionally cause termination or interruption
of any tenant's utility services, including water, heat, electricity, or gas, except when an interruption of a reasonable duration is required to make necessary repairs;
(7) Remove or exclude a tenant from the premises unless
this chapter is complied with or the exclusion or removal is
under an appropriate court order; or
(8) Prevent the entry or require the removal of a mobile
home, manufactured home, or park model for the sole reason
that the mobile home has reached a certain age. Nothing in
this subsection shall limit a landlords' right to exclude or
expel a mobile home, manufactured home, or park model for
any other reason, including but not limited to, failure to comply with fire, safety, and other provisions of local ordinances
and state laws relating to mobile homes, manufactured
homes, and park models, as long as the action conforms to
this chapter or any other relevant statutory provision. [2003
c 127 § 2; 1999 c 359 § 6; 1993 c 66 § 16; 1987 c 253 § 1;
1984 c 58 § 2; 1981 c 304 § 19; 1980 c 152 § 5; 1979 ex.s. c
186 § 5; 1977 ex.s. c 279 § 7.]
Severability—1984 c 58: See note following RCW 59.20.200.
Severability—1981 c 304: See note following RCW 26.16.030.
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
59.20.073
59.20.073 Transfer of rental agreements. (1) Any
rental agreement shall be assignable by the tenant to any person to whom he or she sells or transfers title to the mobile
home, manufactured home, or park model.
(2) A tenant who sells a mobile home, manufactured
home, or park model within a park shall notify the landlord in
writing of the date of the intended sale and transfer of the
rental agreement at least fifteen days in advance of such
intended transfer and shall notify the buyer in writing of the
provisions of this section. The tenant shall verify in writing
to the landlord payment of all taxes, rent, and reasonable
[2003 RCW Supp—page 755]
59.20.080
Title 59 RCW: Landlord and Tenant
expenses due on the mobile home, manufactured home, or
park model and mobile home lot.
(3) The landlord shall notify the selling tenant, in writing, of a refusal to permit transfer of the rental agreement at
least seven days in advance of such intended transfer.
(4) The landlord may require the mobile home, manufactured home, or park model to meet applicable fire and safety
standards if a state or local agency responsible for the
enforcement of fire and safety standards has issued a notice
of violation of those standards to the tenant and those violations remain uncorrected. Upon correction of the violation to
the satisfaction of the state or local agency responsible for the
enforcement of that notice of violation, the landlord's refusal
to permit the transfer is deemed withdrawn.
(5) The landlord shall approve or disapprove of the
assignment of a rental agreement on the same basis that the
landlord approves or disapproves of any new tenant, and any
disapproval shall be in writing. Consent to an assignment
shall not be unreasonably withheld.
(6) Failure to notify the landlord in writing, as required
under subsection (2) of this section; or failure of the new tenant to make a good faith attempt to arrange an interview with
the landlord to discuss assignment of the rental agreement; or
failure of the current or new tenant to obtain written approval
of the landlord for assignment of the rental agreement, shall
be grounds for disapproval of such transfer. [2003 c 127 § 3;
1999 c 359 § 7; 1993 c 66 § 17; 1981 c 304 § 20.]
Severability—1981 c 304: See note following RCW 26.16.030.
59.20.080
59.20.080 Grounds for termination of tenancy or
occupancy or failure to renew a tenancy or occupancy—
Notice—Mediation. (1) A landlord shall not terminate or
fail to renew a tenancy of a tenant or the occupancy of an
occupant, of whatever duration except for one or more of the
following reasons:
(a) Substantial violation, or repeated or periodic violations of the rules of the mobile home park as established by
the landlord at the inception of the tenancy or as assumed
subsequently with the consent of the tenant or for violation of
the tenant's duties as provided in RCW 59.20.140. The tenant
shall be given written notice to cease the rule violation immediately. The notice shall state that failure to cease the violation of the rule or any subsequent violation of that or any
other rule shall result in termination of the tenancy, and that
the tenant shall vacate the premises within fifteen days:
PROVIDED, That for a periodic violation the notice shall
also specify that repetition of the same violation shall result
in termination: PROVIDED FURTHER, That in the case of
a violation of a "material change" in park rules with respect to
pets, tenants with minor children living with them, or recreational facilities, the tenant shall be given written notice
under this chapter of a six month period in which to comply
or vacate;
(b) Nonpayment of rent or other charges specified in the
rental agreement, upon five days written notice to pay rent
and/or other charges or to vacate;
(c) Conviction of the tenant of a crime, commission of
which threatens the health, safety, or welfare of the other
mobile home park tenants. The tenant shall be given written
notice of a fifteen day period in which to vacate;
[2003 RCW Supp—page 756]
(d) Failure of the tenant to comply with local ordinances
and state laws and regulations relating to mobile homes, manufactured homes, or park models or mobile home, manufactured homes, or park model living within a reasonable time
after the tenant's receipt of notice of such noncompliance
from the appropriate governmental agency;
(e) Change of land use of the mobile home park including, but not limited to, conversion to a use other than for
mobile homes, manufactured homes, or park models or conversion of the mobile home park to a mobile home park cooperative or mobile home park subdivision: PROVIDED, That
the landlord shall give the tenants twelve months' notice in
advance of the effective date of such change, except that for
the period of six months following April 28, 1989, the landlord shall give the tenants eighteen months' notice in advance
of the proposed effective date of such change;
(f) Engaging in "criminal activity." "Criminal activity"
means a criminal act defined by statute or ordinance that
threatens the health, safety, or welfare of the tenants. A park
owner seeking to evict a tenant or occupant under this subsection need not produce evidence of a criminal conviction, even
if the alleged misconduct constitutes a criminal offense.
Notice from a law enforcement agency of criminal activity
constitutes sufficient grounds, but not the only grounds, for
an eviction under this subsection. Notification of the seizure
of illegal drugs under RCW 59.20.155 is evidence of criminal
activity and is grounds for an eviction under this subsection.
The requirement that any tenant or occupant register as a sex
offender under RCW 9A.44.130 is grounds for eviction under
this subsection. If criminal activity is alleged to be a basis of
termination, the park owner may proceed directly to an
unlawful detainer action;
(g) The tenant's application for tenancy contained a
material misstatement that induced the park owner to approve
the tenant as a resident of the park, and the park owner discovers and acts upon the misstatement within one year of the
time the resident began paying rent;
(h) If the landlord serves a tenant three fifteen-day
notices within a twelve-month period to comply or vacate for
failure to comply with the material terms of the rental agreement or park rules. The applicable twelve-month period shall
commence on the date of the first violation;
(i) Failure of the tenant to comply with obligations
imposed upon tenants by applicable provisions of municipal,
county, and state codes, statutes, ordinances, and regulations,
including this chapter. The landlord shall give the tenant
written notice to comply immediately. The notice must state
that failure to comply will result in termination of the tenancy
and that the tenant shall vacate the premises within fifteen
days;
(j) The tenant engages in disorderly or substantially
annoying conduct upon the park premises that results in the
destruction of the rights of others to the peaceful enjoyment
and use of the premises. The landlord shall give the tenant
written notice to comply immediately. The notice must state
that failure to comply will result in termination of the tenancy
and that the tenant shall vacate the premises within fifteen
days;
(k) The tenant creates a nuisance that materially affects
the health, safety, and welfare of other park residents. The
landlord shall give the tenant written notice to cease the con-
Liens
duct that constitutes a nuisance immediately. The notice
must state that failure to cease the conduct will result in termination of the tenancy and that the tenant shall vacate the
premises in five days;
(l) Any other substantial just cause that materially affects
the health, safety, and welfare of other park residents. The
landlord shall give the tenant written notice to comply immediately. The notice must state that failure to comply will
result in termination of the tenancy and that the tenant shall
vacate the premises within fifteen days; or
(m) Failure to pay rent by the due date provided for in the
rental agreement three or more times in a twelve-month
period, commencing with the date of the first violation, after
service of a five-day notice to comply or vacate.
(2) Within five days of a notice of eviction as required by
subsection (1)(a) of this section, the landlord and tenant shall
submit any dispute to mediation. The parties may agree in
writing to mediation by an independent third party or through
industry mediation procedures. If the parties cannot agree,
then mediation shall be through industry mediation procedures. A duty is imposed upon both parties to participate in
the mediation process in good faith for a period of ten days
for an eviction under subsection (1)(a) of this section. It is a
defense to an eviction under subsection (1)(a) of this section
that a landlord did not participate in the mediation process in
good faith.
(3) Chapters 59.12 and 59.18 RCW govern the eviction
of recreational vehicles, as defined in RCW 59.20.030, from
mobile home parks. This chapter governs the eviction of
mobile homes, manufactured homes, park models, and recreational vehicles used as a primary residence from a mobile
home park. [2003 c 127 § 4; 1999 c 359 § 10; 1998 c 118 §
2; 1993 c 66 § 19; 1989 c 201 § 12; 1988 c 150 § 5; 1984 c 58
§ 4; 1981 c 304 § 21; 1979 ex.s. c 186 § 6; 1977 ex.s. c 279 §
8.]
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
Severability—1984 c 58: See note following RCW 59.20.200.
Severability—1981 c 304: See note following RCW 26.16.030.
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
59.20.090
59.20.090 Term of rental agreements—Renewal—
Nonrenewal—Termination—Armed forces exception—
Notices. (1) Unless otherwise agreed rental agreements shall
be for a term of one year. Any rental agreement of whatever
duration shall be automatically renewed for the term of the
original rental agreement, unless a different specified term is
agreed upon.
(2) A landlord seeking to increase the rent upon expiration of the term of a rental agreement of any duration shall
notify the tenant in writing three months prior to the effective
date of any increase in rent.
(3) A tenant shall notify the landlord in writing one
month prior to the expiration of a rental agreement of an
intention not to renew.
(4)(a) The tenant may terminate the rental agreement
upon thirty days written notice whenever a change in the
location of the tenant's employment requires a change in his
residence, and shall not be liable for rental following such
termination unless after due diligence and reasonable effort
the landlord is not able to rent the mobile home lot at a fair
60.28.011
rental. If the landlord is not able to rent the lot, the tenant
shall remain liable for the rental specified in the rental agreement until the lot is rented or the original term ends.
(b) Any tenant who is a member of the armed forces,
including the national guard and armed forces reserves, or
that tenant's spouse or dependent, may terminate a rental
agreement with less than thirty days notice if the tenant
receives reassignment or deployment orders which do not
allow greater notice. The tenant shall provide notice of the
reassignment or deployment order to the landlord no later
than seven days after receipt. [2003 c 7 § 3; 1998 c 118 § 3;
1980 c 152 § 2; 1979 ex.s. c 186 § 7; 1977 ex.s. c 279 § 9.]
Effective date—2003 c 7: See note following RCW 59.18.200.
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
Title 60
Title 60
LIENS
Chapters
60.28 Lien for labor, materials, taxes on public works.
Chapter 60.28 RCW
LIEN FOR LABOR, MATERIALS, TAXES ON
PUBLIC WORKS
Chapter 60.28
Sections
60.28.011
Retained percentage—Labor and material lien created—Bond
in lieu of retained funds—Termination before completion—
Chapter deemed exclusive—Release of ferry contract payments—Projects of farmers home administration—General
contractor/construction manager procedure—Definitions.
60.28.011
60.28.011 Retained percentage—Labor and material
lien created—Bond in lieu of retained funds—Termination before completion—Chapter deemed exclusive—
Release of ferry contract payments—Projects of farmers
home administration—General contractor/construction
manager procedure—Definitions. (1) Public improvement
contracts shall provide, and public bodies shall reserve, a
contract retainage not to exceed five percent of the moneys
earned by the contractor as a trust fund for the protection and
payment of: (a) The claims of any person arising under the
contract; and (b) the state with respect to taxes imposed pursuant to Title 82 RCW which may be due from such contractor.
(2) Every person performing labor or furnishing supplies
toward the completion of a public improvement contract shall
have a lien upon moneys reserved by a public body under the
provisions of a public improvement contract. However, the
notice of the lien of the claimant shall be given within fortyfive days of completion of the contract work, and in the manner provided in RCW 39.08.030.
(3) The contractor at any time may request the contract
retainage be reduced to one hundred percent of the value of
the work remaining on the project.
(a) After completion of all contract work other than landscaping, the contractor may request that the public body
release and pay in full the amounts retained during the performance of the contract, and sixty days thereafter the public
body must release and pay in full the amounts retained (other
than continuing retention of five percent of the moneys
[2003 RCW Supp—page 757]
60.28.011
Title 60 RCW: Liens
earned for landscaping) subject to the provisions of chapters
39.12 and 60.28 RCW.
(b) Sixty days after completion of all contract work the
public body must release and pay in full the amounts retained
during the performance of the contract subject to the provisions of chapters 39.12 and 60.28 RCW.
(4) The moneys reserved by a public body under the provisions of a public improvement contract, at the option of the
contractor, shall be:
(a) Retained in a fund by the public body;
(b) Deposited by the public body in an interest bearing
account in a bank, mutual savings bank, or savings and loan
association. Interest on moneys reserved by a public body
under the provision of a public improvement contract shall be
paid to the contractor;
(c) Placed in escrow with a bank or trust company by the
public body. When the moneys reserved are placed in
escrow, the public body shall issue a check representing the
sum of the moneys reserved payable to the bank or trust company and the contractor jointly. This check shall be converted into bonds and securities chosen by the contractor and
approved by the public body and the bonds and securities
shall be held in escrow. Interest on the bonds and securities
shall be paid to the contractor as the interest accrues.
(5) The contractor or subcontractor may withhold payment of not more than five percent from the moneys earned
by any subcontractor or sub-subcontractor or supplier contracted with by the contractor to provide labor, materials, or
equipment to the public project. Whenever the contractor or
subcontractor reserves funds earned by a subcontractor or
sub-subcontractor or supplier, the contractor or subcontractor
shall pay interest to the subcontractor or sub-subcontractor or
supplier at a rate equal to that received by the contractor or
subcontractor from reserved funds.
(6) A contractor may submit a bond for all or any portion
of the contract retainage in a form acceptable to the public
body and from a bonding company meeting standards established by the public body. The public body shall accept a
bond meeting these requirements unless the public body can
demonstrate good cause for refusing to accept it. This bond
and any proceeds therefrom are subject to all claims and liens
and in the same manner and priority as set forth for retained
percentages in this chapter. The public body shall release the
bonded portion of the retained funds to the contractor within
thirty days of accepting the bond from the contractor. Whenever a public body accepts a bond in lieu of retained funds
from a contractor, the contractor shall accept like bonds from
any subcontractors or suppliers from which the contractor has
retained funds. The contractor shall then release the funds
retained from the subcontractor or supplier to the subcontractor or supplier within thirty days of accepting the bond from
the subcontractor or supplier.
(7) If the public body administering a contract, after a
substantial portion of the work has been completed, finds that
an unreasonable delay will occur in the completion of the
remaining portion of the contract for any reason not the result
of a breach thereof, it may, if the contractor agrees, delete
from the contract the remaining work and accept as final the
improvement at the stage of completion then attained and
make payment in proportion to the amount of the work
accomplished and in this case any amounts retained and
[2003 RCW Supp—page 758]
accumulated under this section shall be held for a period of
sixty days following the completion. In the event that the
work is terminated before final completion as provided in this
section, the public body may thereafter enter into a new contract with the same contractor to perform the remaining work
or improvement for an amount equal to or less than the cost
of the remaining work as was provided for in the original
contract without advertisement or bid. The provisions of this
chapter are exclusive and shall supersede all provisions and
regulations in conflict herewith.
(8) Whenever the department of transportation has contracted for the construction of two or more ferry vessels, sixty
days after completion of all contract work on each ferry vessel, the department must release and pay in full the amounts
retained in connection with the construction of the vessel
subject to the provisions of RCW 60.28.020 and chapter
39.12 RCW. However, the department of transportation may
at its discretion condition the release of funds retained in connection with the completed ferry upon the contractor delivering a good and sufficient bond with two or more sureties, or
with a surety company, in the amount of the retained funds to
be released to the contractor, conditioned that no taxes shall
be certified or claims filed for work on the ferry after a period
of sixty days following completion of the ferry; and if taxes
are certified or claims filed, recovery may be had on the bond
by the department of revenue and the materialmen and laborers filing claims.
(9) Except as provided in subsection (1) of this section,
reservation by a public body for any purpose from the moneys earned by a contractor by fulfilling its responsibilities
under public improvement contracts is prohibited.
(10) Contracts on projects funded in whole or in part by
farmers home administration and subject to farmers home
administration regulations are not subject to subsections (1)
through (9) of this section.
(11) This subsection applies only to a public body that
has contracted for the construction of a facility using the general contractor/construction manager procedure, as defined
under RCW 39.10.061. If the work performed by a subcontractor on the project has been completed within the first half
of the time provided in the general contractor/construction
manager contract for completing the work, the public body
may accept the completion of the subcontract. The public
body must give public notice of this acceptance. After a
forty-five day period for giving notice of liens, and compliance with the retainage release procedures in RCW
60.28.021, the public body may release that portion of the
retained funds associated with the subcontract. Claims
against the retained funds after the forty-five day period are
not valid.
(12) Unless the context clearly requires otherwise, the
definitions in this subsection apply throughout this section.
(a) "Contract retainage" means an amount reserved by a
public body from the moneys earned by a person under a public improvement contract.
(b) "Person" means a person or persons, mechanic, subcontractor, or materialperson who performs labor or provides
materials for a public improvement contract, and any other
person who supplies the person with provisions or supplies
for the carrying on of a public improvement contract.
Mortgages, Deeds of Trust, and Real Estate Contracts
Title 62A
Title 62A
(c) "Public body" means the state, or a county, city,
town, district, board, or other public body.
(d) "Public improvement contract" means a contract for
public improvements or work, other than for professional services, or a work order as defined in RCW 39.10.020. [2003 c
301 § 7; 2000 c 185 § 1; 1994 c 101 § 1; 1992 c 223 § 2.]
62A.9A-406
UNIFORM COMMERCIAL CODE
Articles
9A
Secured transactions; sales of accounts, contract
rights and chattel paper.
Effective date—1992 c 223: See note following RCW 39.76.011.
Waiver of rights, construction—Application—1992 c 223: See
RCW 39.04.900 and 39.04.901.
Title 61
Title 61
MORTGAGES, DEEDS OF TRUST, AND
REAL ESTATE CONTRACTS
Chapters
61.12 Foreclosure of real estate mortgages and personal property liens.
Chapter 61.12
Chapter 61.12 RCW
FORECLOSURE OF REAL ESTATE MORTGAGES
AND PERSONAL PROPERTY LIENS
Sections
61.12.030
61.12.031
Removal of property from mortgaged premises—Penalty.
(Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
61.12.030
61.12.030 Removal of property from mortgaged premises—Penalty. (Effective July 1, 2004.) (1) When any
real estate in this state is subject to, or is security for, any
mortgage, mortgages, lien or liens, other than general liens
arising under personal judgments, it shall be unlawful for any
person who is the owner, mortgagor, lessee, or occupant of
such real estate to destroy or remove or to cause to be
destroyed or removed from the real estate any fixtures, buildings, or permanent improvements including a manufactured
home whose title has been eliminated under chapter 65.20
RCW, not including crops growing thereon, without having
first obtained from the owners or holders of each and all of
such mortgages or other liens his, her, or their written consent
for such removal or destruction.
(2) Any person willfully violating this section is guilty of
a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for a period not to
exceed six months, or by a fine of not more than five hundred
dollars, or by both such fine and imprisonment. [2003 c 53 §
288; 1989 c 343 § 21; 1899 c 75 § 1; RRS § 2709, part.
FORMER PART OF SECTION: 1899 c 75 § 2 now codified
as RCW 61.12.031.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—Effective date—1989 c 343: See RCW 65.20.940 and
65.20.950.
61.12.031
61.12.031 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
ARTICLE 9A
SECURED TRANSACTIONS; SALES OF ACCOUNTS,
CONTRACT RIGHTS AND CHATTEL PAPER
ARTICLE 9A
Sections
62A.9A-406 Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles, and
promissory notes ineffective.
62A.9A-408 Restrictions on assignment of promissory notes, health-careinsurance receivables, and certain general intangibles ineffective.
62A.9A-406
62A.9A-406 Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel
paper, payment intangibles, and promissory notes ineffective. (a) Discharge of account debtor; effect of notification. Subject to subsections (b) through (j) of this section, an
account debtor on an account, chattel paper, or a payment
intangible may discharge its obligation by paying the
assignor until, but not after, the account debtor receives a
notification, authenticated by the assignor or the assignee,
that the amount due or to become due has been assigned and
that payment is to be made to the assignee. After receipt of
the notification, the account debtor may discharge its obligation by paying the assignee and may not discharge the obligation by paying the assignor.
(b) When notification ineffective. Subject to subsection (h) of this section, notification is ineffective under subsection (a) of this section:
(1) If it does not reasonably identify the rights assigned;
(2) To the extent that an agreement between an account
debtor and a seller of a payment intangible limits the account
debtor's duty to pay a person other than the seller and the limitation is effective under law other than this Article; or
(3) At the option of an account debtor, if the notification
notifies the account debtor to make less than the full amount
of any installment or other periodic payment to the assignee,
even if:
(A) Only a portion of the account, chattel paper, or payment intangible has been assigned to that assignee;
(B) A portion has been assigned to another assignee; or
(C) The account debtor knows that the assignment to that
assignee is limited.
(c) Proof of assignment. Subject to subsection (h) of
this section, if requested by the account debtor, an assignee
shall seasonably furnish reasonable proof that the assignment
has been made. Unless the assignee complies, the account
debtor may discharge its obligation by paying the assignor,
even if the account debtor has received a notification under
subsection (a) of this section.
(d) Term restricting assignment generally ineffective.
Except as otherwise provided in subsection (e) of this section
and RCW 62A.2A-303 and 62A.9A-407, and subject to sub[2003 RCW Supp—page 759]
62A.9A-408
Title 62A RCW: Uniform Commercial Code
sections (h) and (j) of this section, a term in an agreement
between an account debtor and an assignor or in a promissory
note is ineffective to the extent that it:
(1) Prohibits, restricts, or requires the consent of the
account debtor or person obligated on the promissory note to
the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, the account,
chattel paper, payment intangible, or promissory note; or
(2) Provides that the assignment or transfer or the creation, attachment, perfection, or enforcement of the security
interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or
remedy under the account, chattel paper, payment intangible,
or promissory note.
(e) Inapplicability of subsection (d) to certain sales.
Subsection (d) of this section does not apply to the sale of a
payment intangible or promissory note.
(f) [Reserved]
(g) Subsection (b)(3) not waivable. Subject to subsection (h) of this section, an account debtor may not waive or
vary its option under subsection (b)(3) of this section.
(h) Rule for individual under other law. This section
is subject to law other than this Article which establishes a
different rule for an account debtor who is an individual and
who incurred the obligation primarily for personal, family, or
household purposes.
(i) Inapplicability to health-care-insurance receivable. This section does not apply to an assignment of a
health-care-insurance receivable.
(j)(1) Inapplicability of subsection (d) of this section
to certain transactions. After July 1, 2003, subsection (d) of
this section does not apply to the assignment or transfer of or
creation of a security interest in:
(A) A claim or right to receive compensation for injuries
or sickness as described in 26 U.S.C. Sec. 104(a)(1) or (2); or
(B) A claim or right to receive benefits under a special
needs trust as described in 42 U.S.C. Sec. 1396p(d)(4).
(2) This subsection will not affect a transfer of structured
settlement payment rights under chapter 19.205 RCW. [2003
c 87 § 1; 2001 c 32 § 34; 2000 c 250 § 9A-406.]
Effective date—2003 c 87: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 87 § 3.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-408
62A.9A-408 Restrictions on assignment of promissory notes, health-care-insurance receivables, and certain
general intangibles ineffective. (a) Term restricting
assignment generally ineffective. Except as otherwise provided in subsection (b) of this section, a term in a promissory
note or in an agreement between an account debtor and a
debtor which relates to a health-care-insurance receivable or
a general intangible, including a contract, permit, license, or
franchise, and which term prohibits, restricts, or requires the
consent of the person obligated on the promissory note or the
account debtor to, the assignment or transfer of, or creation,
attachment, or perfection of a security interest in, the promissory note, health-care-insurance receivable, or general intangible, is ineffective to the extent that the term:
[2003 RCW Supp—page 760]
(1) Would impair the creation, attachment, or perfection
of a security interest; or
(2) Provides that the assignment or transfer or the creation, attachment, or perfection of the security interest may
give rise to a default, breach, right of recoupment, claim,
defense, termination, right of termination, or remedy under
the promissory note, health-care-insurance receivable, or
general intangible.
(b) Applicability of subsection (a) of this section to
sales of certain rights to payment. Subsection (a) of this
section applies to a security interest in a payment intangible
or promissory note only if the security interest arises out of a
sale of the payment intangible or promissory note.
(c) Legal restrictions on assignment generally ineffective. A rule of law, statute, or regulation that prohibits,
restricts, or requires the consent of a government, governmental body or official, person obligated on a promissory
note, or account debtor to the assignment or transfer of, or
creation of a security interest in, a promissory note, healthcare-insurance receivable, or general intangible, including a
contract, permit, license, or franchise between an account
debtor and a debtor, is ineffective to the extent that the rule of
law, statute, or regulation:
(1) Would impair the creation, attachment, or perfection
of a security interest; or
(2) Provides that the assignment or transfer or the creation, attachment, or perfection of the security interest may
give rise to a default, breach, right of recoupment, claim,
defense, termination, right of termination, or remedy under
the promissory note, health-care-insurance receivable, or
general intangible.
(d) Limitation on ineffectiveness under subsections
(a) and (c) of this section. To the extent that a term in a
promissory note or in an agreement between an account
debtor and a debtor which relates to a health-care-insurance
receivable or general intangible or a rule of law, statute, or
regulation described in subsection (c) of this section would
be effective under law other than this Article but is ineffective under subsection (a) or (c) of this section, the creation,
attachment, or perfection of a security interest in the promissory note, health-care-insurance receivable, or general intangible:
(1) Is not enforceable against the person obligated on the
promissory note or the account debtor;
(2) Does not impose a duty or obligation on the person
obligated on the promissory note or the account debtor;
(3) Does not require the person obligated on the promissory note or the account debtor to recognize the security
interest, pay or render performance to the secured party, or
accept payment or performance from the secured party;
(4) Does not entitle the secured party to use or assign the
debtor's rights under the promissory note, health-care-insurance receivable, or general intangible, including any related
information or materials furnished to the debtor in the transaction giving rise to the promissory note, health-care-insurance receivable, or general intangible;
(5) Does not entitle the secured party to use, assign, possess, or have access to any trade secrets or confidential information of the person obligated on the promissory note or the
account debtor; and
Personal Property
(6) Does not entitle the secured party to enforce the security interest in the promissory note, health-care-insurance
receivable, or general intangible.
(e)(1) Inapplicability of subsections (a) and (c) of this
section to certain payment intangibles. After July 1, 2003,
subsections (a) and (c) of this section do not apply to the
assignment or transfer of or creation of a security interest in:
(A) A claim or right to receive compensation for injuries
or sickness as described in 26 U.S.C. Sec. 104(a)(1) or (2); or
(B) A claim or right to receive benefits under a special
needs trust as described in 42 U.S.C. Sec. 1396p(d)(4).
(2) This subsection will not affect a transfer of structured
settlement payment rights under chapter 19.205 RCW. [2003
c 87 § 2; 2000 c 250 § 9A-408.]
Effective date—2003 c 87: See note following RCW 62A.9A-406.
Title 63
Title 63
PERSONAL PROPERTY
Chapters
63.14 Retail installment sales of goods and services.
63.29 Uniform unclaimed property act.
Chapter 63.14 RCW
RETAIL INSTALLMENT SALES OF GOODS
AND SERVICES
Chapter 63.14
Sections
63.14.010
63.14.130
63.14.010
Definitions.
Retail installment contracts, retail charge agreements, and
lender credit card agreements—Service charge agreed to by
contract—Other fees and charges prohibited.
63.14.010 Definitions. In this chapter, unless the context otherwise requires:
(1) "Goods" means all chattels personal when purchased
primarily for personal, family, or household use and not for
commercial or business use, but not including money or,
except as provided in the next sentence, things in action. The
term includes but is not limited to merchandise certificates or
coupons, issued by a retail seller, to be used in their face
amount in lieu of cash in exchange for goods or services sold
by such a seller and goods which, at the time of sale or subsequently, are to be so affixed to real property as to become a
part thereof, whether or not severable therefrom;
(2) "Lender credit card" means a card or device under a
lender credit card agreement pursuant to which the issuer
gives to a cardholder residing in this state the privilege of
obtaining credit from the issuer or other persons in purchasing or leasing property or services, obtaining loans, or otherwise, and the issuer of which is not: (a) Principally engaged
in the business of selling goods; or (b) a financial institution;
(3) "Lender credit card agreement" means an agreement
entered into or performed in this state prescribing the terms of
retail installment transactions pursuant to which the issuer
may, with the buyer's consent, purchase or acquire one or
more retail sellers' indebtedness of the buyer under a sales
slip or memorandum evidencing the purchase, lease, loan, or
otherwise to be paid in accordance with the agreement. The
issuer of a lender credit card agreement shall not be princi-
63.14.010
pally engaged in the business of selling goods or be a financial institution;
(4) "Financial institution" means any bank or trust company, mutual savings bank, credit union, or savings and loan
association organized pursuant to the laws of any one of the
United States of America or the United States of America, or
the laws of a foreign country if also qualified to conduct business in any one of the United States of America or pursuant
to the laws of the United States of America;
(5) "Services" means work, labor, or services of any kind
when purchased primarily for personal, family, or household
use and not for commercial or business use whether or not
furnished in connection with the delivery, installation, servicing, repair, or improvement of goods and includes repairs,
alterations, or improvements upon or in connection with real
property, but does not include services for which the price
charged is required by law to be determined or approved by
or to be filed, subject to approval or disapproval, with the
United States or any state, or any department, division,
agency, officer, or official of either as in the case of transportation services;
(6) "Retail buyer" or "buyer" means a person who buys
or agrees to buy goods or obtain services or agrees to have
services rendered or furnished, from a retail seller;
(7) "Retail seller" or "seller" means a person engaged in
the business of selling goods or services to retail buyers;
(8) "Retail installment transaction" means any transaction in which a retail buyer purchases goods or services from
a retail seller pursuant to a retail installment contract, a retail
charge agreement, or a lender credit card agreement, as
defined in this section, which provides for a service charge,
as defined in this section, and under which the buyer agrees
to pay the unpaid principal balance in one or more installments or which provides for no service charge and under
which the buyer agrees to pay the unpaid balance in more
than four installments;
(9) "Retail installment contract" or "contract" means a
contract, other than a retail charge agreement, a lender credit
card agreement, or an instrument reflecting a sale made pursuant thereto, entered into or performed in this state for a
retail installment transaction. The term "retail installment
contract" may include a chattel mortgage, a conditional sale
contract, and a contract in the form of a bailment or a lease if
the bailee or lessee contracts to pay as compensation for their
use a sum substantially equivalent to or in excess of the value
of the goods sold and if it is agreed that the bailee or lessee is
bound to become, or for no other or a merely nominal consideration, has the option of becoming the owner of the goods
upon full compliance with the provisions of the bailment or
lease. The term "retail installment contract" does not include:
(a) A "consumer lease," heretofore or hereafter entered into,
as defined in RCW 63.10.020; (b) a lease which would constitute such "consumer lease" but for the fact that: (i) It was
entered into before April 29, 1983; (ii) the lessee was not a
natural person; (iii) the lease was not primarily for personal,
family, or household purposes; or (iv) the total contractual
obligations exceeded twenty-five thousand dollars; or (c) a
lease-purchase agreement under chapter 63.19 RCW;
(10) "Retail charge agreement," "revolving charge
agreement," or "charge agreement" means an agreement
between a retail buyer and a retail seller that is entered into or
[2003 RCW Supp—page 761]
63.14.130
Title 63 RCW: Personal Property
performed in this state and that prescribes the terms of retail
installment transactions with one or more sellers which may
be made thereunder from time to time and under the terms of
which a service charge, as defined in this section, is to be
computed in relation to the buyer's unpaid balance from time
to time;
(11) "Service charge" however denominated or
expressed, means the amount which is paid or payable for the
privilege of purchasing goods or services to be paid for by the
buyer in installments over a period of time. It does not
include the amount, if any, charged for insurance premiums,
delinquency charges, attorneys' fees, court costs, any vehicle
dealer administrative fee under RCW 46.12.042, any vehicle
dealer documentary service fee under RCW 46.70.180(2), or
official fees;
(12) "Sale price" means the price for which the seller
would have sold or furnished to the buyer, and the buyer
would have bought or obtained from the seller, the goods or
services which are the subject matter of a retail installment
transaction. The sale price may include any taxes, registration and license fees, any vehicle dealer administrative fee,
any vehicle dealer documentary service fee, and charges for
transferring vehicle titles, delivery, installation, servicing,
repairs, alterations, or improvements;
(13) "Official fees" means the amount of the fees prescribed by law and payable to the state, county, or other governmental agency for filing, recording, or otherwise perfecting, and releasing or satisfying, a retained title, lien, or other
security interest created by a retail installment transaction;
(14) "Time balance" means the principal balance plus the
service charge;
(15) "Principal balance" means the sale price of the
goods or services which are the subject matter of a retail
installment contract less the amount of the buyer's down payment in money or goods or both, plus the amounts, if any,
included therein, if a separate identified charge is made therefor and stated in the contract, for insurance, any vehicle
dealer administrative fee, any vehicle dealer documentary
service fee, and official fees; and the amount actually paid or
to be paid by the retail seller pursuant to an agreement with
the buyer to discharge a security interest or lien on like-kind
goods traded in or lease interest in the circumstance of a lease
for like goods being terminated in conjunction with the sale
pursuant to a retail installment contract;
(16) "Person" means an individual, partnership, joint
venture, corporation, association, or any other group, however organized;
(17) "Rate" means the percentage which, when multiplied times the outstanding balance for each month or other
installment period, yields the amount of the service charge
for such month or period. [2003 c 368 § 2; 1999 c 113 § 1;
1997 c 331 § 6; 1993 sp.s. c 5 § 1; 1992 c 134 § 16; 1984 c
280 § 1; 1983 c 158 § 7; 1981 c 77 § 1; 1972 ex.s. c 47 § 1;
1963 c 236 § 1.]
Effective date—1997 c 331: See note following RCW 70.168.135.
Short title—Severability—1992 c 134: See RCW 63.19.900 and
63.19.901.
Severability—1983 c 158: See RCW 63.10.900.
Application, saving—Severability—1981 c 77: See RCW 63.14.902
and 63.14.903.
[2003 RCW Supp—page 762]
Effective date—1972 ex.s. c 47: "This 1972 amendatory act shall take
effect on January 1, 1973." [1972 ex.s. c 47 § 5.]
63.14.130
63.14.130 Retail installment contracts, retail charge
agreements, and lender credit card agreements—Service
charge agreed to by contract—Other fees and charges
prohibited. The service charge shall be inclusive of all
charges incident to investigating and making the retail installment contract or charge agreement and for the privilege of
making the installment payments thereunder and no other fee,
expense or charge whatsoever shall be taken, received,
reserved or contracted therefor from the buyer, except for any
vehicle dealer administrative fee under RCW 46.12.042 or
for any vehicle dealer documentary service fee under RCW
46.70.180(2).
(1) The service charge, in a retail installment contract,
shall not exceed the dollar amount or rate agreed to by contract and disclosed under RCW 63.14.040(1)(h).
(2) The service charge in a retail charge agreement,
revolving charge agreement, lender credit card agreement, or
charge agreement, shall not exceed the schedule or rate
agreed to by contract and disclosed under RCW
63.14.120(1). If the service charge so computed is less than
one dollar for any month, then one dollar may be charged.
[2003 c 368 § 3; 1999 c 113 § 4; 1997 c 331 § 7; 1992 c 193
§ 1. Prior: 1989 c 112 § 1; 1989 c 14 § 5; 1987 c 318 § 1;
1984 c 280 § 5; 1981 c 77 § 5; 1969 c 2 § 3 (Initiative Measure No. 245, approved November 5, 1968); 1967 c 234 § 8;
1963 c 236 § 13.]
Effective date—1997 c 331: See note following RCW 70.168.135.
Effective date—1987 c 318: "This act shall take effect January 1,
1988." [1987 c 318 § 2.]
Application, saving—Severability—1981 c 77: See RCW 63.14.902
and 63.14.903.
Chapter 63.29 RCW
UNIFORM UNCLAIMED PROPERTY ACT
Chapter 63.29
Sections
63.29.020
63.29.050
63.29.060
63.29.070
63.29.100
63.29.120
63.29.140
63.29.170
63.29.180
63.29.020
Property presumed abandoned—General rule. (Effective January 1, 2004.)
Checks, drafts, and similar instruments issued or certified by
banking and financial organizations. (Effective January 1,
2004.)
Bank deposits and funds in financial organizations. (Effective
January 1, 2004.)
Funds owing under life insurance policies. (Effective January
1, 2004.)
Stock and other intangible interests in business associations.
(Effective January 1, 2004.)
Property held by agents and fiduciaries. (Effective January 1,
2004.)
Gift certificates and credit memos. (Effective January 1,
2004.)
Report of abandoned property.
Notice and publication of lists of abandoned property.
63.29.020 Property presumed abandoned—General
rule. (Effective January 1, 2004.) (1) Except as otherwise
provided by this chapter, all intangible property, including
any income or increment derived therefrom, less any lawful
charges, that is held, issued, or owing in the ordinary course
of the holder's business and has remained unclaimed by the
owner for more than three years after it became payable or
distributable is presumed abandoned.
Uniform Unclaimed Property Act
(2) Property, with the exception of unredeemed Washington state lottery tickets and unpresented winning parimutuel tickets, is payable and distributable for the purpose of
this chapter notwithstanding the owner's failure to make
demand or to present any instrument or document required to
receive payment.
(3) This chapter does not apply to claims drafts issued by
insurance companies representing offers to settle claims
unliquidated in amount or settled by subsequent drafts or
other means.
(4) This chapter does not apply to property covered by
chapter 63.26 RCW.
(5) This chapter does not apply to used clothing, umbrellas, bags, luggage, or other used personal effects if such property is disposed of by the holder as follows:
(a) In the case of personal effects of negligible value, the
property is destroyed; or
(b) The property is donated to a bona fide charity. [2003
1st sp.s. c 13 § 1; 1992 c 122 § 1; 1988 c 226 § 2; 1983 c 179
§ 2.]
Effective dates—2003 1st sp.s. c 13: "(1) Sections 8 through 10 of this
act are necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public institutions, and take effect August 1, 2003.
(2) Sections 11 through 16 of this act are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2003.
(3) Sections 1 through 7 of this act take effect January 1, 2004." [2003
1st sp.s. c 13 § 17.]
63.29.050
63.29.050 Checks, drafts, and similar instruments
issued or certified by banking and financial organizations. (Effective January 1, 2004.) (1) Any sum payable on
a check, draft, or similar instrument, except those subject to
RCW 63.29.040, on which a banking or financial organization is directly liable, including a cashier's check and a certified check, which has been outstanding for more than three
years after it was payable or after its issuance if payable on
demand, is presumed abandoned, unless the owner, within
three years, has communicated in writing with the banking or
financial organization concerning it or otherwise indicated an
interest as evidenced by a memorandum or other record on
file prepared by an employee thereof.
(2) A holder may not deduct from the amount of any
instrument subject to this section any charge imposed by reason of the failure to present the instrument for payment unless
there is a valid and enforceable written contract between the
holder and the owner of the instrument pursuant to which the
holder may impose a charge, and the holder regularly
imposes such charges and does not regularly reverse or otherwise cancel them. [2003 1st sp.s. c 13 § 2; 1983 c 179 § 5.]
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
63.29.060
63.29.060 Bank deposits and funds in financial organizations. (Effective January 1, 2004.) (1) Any demand,
savings, or matured time deposit with a banking or financial
organization, including a deposit that is automatically renewable, and any funds paid toward the purchase of a share, a
mutual investment certificate, or any other interest in a banking or financial organization is presumed abandoned unless
the owner, within three years, has:
63.29.060
(a) In the case of a deposit, increased or decreased its
amount or presented the passbook or other similar evidence
of the deposit for the crediting of interest;
(b) Communicated in writing with the banking or financial organization concerning the property;
(c) Otherwise indicated an interest in the property as evidenced by a memorandum or other record on file prepared by
an employee of the banking or financial organization;
(d) Owned other property to which subsection (1)(a), (b),
or (c) of this section applies and if the banking or financial
organization communicates in writing with the owner with
regard to the property that would otherwise be presumed
abandoned under this subsection at the address to which communications regarding the other property regularly are sent;
or
(e) Had another relationship with the banking or financial organization concerning which the owner has:
(i) In the case of a deposit, increased or decreased the
amount of the deposit or presented the passbook or other similar evidence of the deposit for the crediting of interest;
(ii) Communicated in writing with the banking or financial organization; or
(iii) Otherwise indicated an interest as evidenced by a
memorandum or other record on file prepared by an
employee of the banking or financial organization and if the
banking or financial organization communicates in writing
with the owner with regard to the property that would otherwise be abandoned under this subsection at the address to
which communications regarding the other relationship regularly are sent.
(2) For purposes of subsection (1) of this section property includes interest and dividends.
(3) This chapter shall not apply to deposits made by a
guardian or decedent's personal representative with a banking
organization when the deposit is subject to withdrawal only
upon the order of the court in the guardianship or estate proceeding.
(4) A holder may not impose with respect to property
described in subsection (1) of this section any charge due to
dormancy or inactivity or cease payment of interest unless:
(a) There is an enforceable written contract between the
holder and the owner of the property pursuant to which the
holder may impose a charge or cease payment of interest;
(b) For property in excess of ten dollars, the holder, no
more than three months before the initial imposition of those
charges or cessation of interest, has given written notice to
the owner of the amount of those charges at the last known
address of the owner stating that those charges will be
imposed or that interest will cease, but the notice provided in
this section need not be given with respect to charges
imposed or interest ceased before June 30, 1983; and
(c) The holder regularly imposes such charges or ceases
payment of interest and does not regularly reverse or otherwise cancel them or retroactively credit interest with respect
to the property.
(5) Any property described in subsection (1) of this section that is automatically renewable is matured for purposes
of subsection (1) of this section upon the expiration of its initial time period, or after one year if the initial period is less
than one year, but in the case of any renewal to which the
owner consents at or about the time of renewal by communi[2003 RCW Supp—page 763]
63.29.070
Title 63 RCW: Personal Property
cating in writing with the banking or financial organization or
otherwise indicating consent as evidenced by a memorandum
or other record on file prepared by an employee of the organization, the property is matured upon the expiration of the
last time period for which consent was given. If, at the time
provided for delivery in RCW 63.29.190, a penalty or forfeiture in the payment of interest would result from the delivery
of the property, the time for delivery is extended until the
time when no penalty or forfeiture would result. [2003 1st
sp.s. c 13 § 3; 1983 c 179 § 6.]
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
63.29.070
63.29.070 Funds owing under life insurance policies.
(Effective January 1, 2004.) (1) Funds held or owing under
any life or endowment insurance policy or annuity contract
that has matured or terminated are presumed abandoned if
unclaimed for more than three years after the funds became
due and payable as established from the records of the insurance company holding or owing the funds, but property
described in subsection (3)(b) of this section is presumed
abandoned if unclaimed for more than two years.
(2) If a person other than the insured or annuitant is entitled to the funds and an address of the person is not known to
the company or it is not definite and certain from the records
of the company who is entitled to the funds, it is presumed
that the last known address of the person entitled to the funds
is the same as the last known address of the insured or annuitant according to the records of the company.
(3) For purposes of this chapter, a life or endowment
insurance policy or annuity contract not matured by actual
proof of the death of the insured or annuitant according to the
records of the company is matured and the proceeds due and
payable if:
(a) The company knows that the insured or annuitant has
died; or
(b)(i) The insured has attained, or would have attained if
he were living, the limiting age under the mortality table on
which the reserve is based;
(ii) The policy was in force at the time the insured
attained, or would have attained, the limiting age specified in
subparagraph (i) of this subsection; and
(iii) Neither the insured nor any other person appearing
to have an interest in the policy within the preceding two
years, according to the records of the company, has assigned,
readjusted, or paid premiums on the policy, subjected the policy to a loan, corresponded in writing with the company concerning the policy, or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by
an employee of the company.
(4) For purposes of this chapter, the application of an
automatic premium loan provision or other nonforfeiture provision contained in an insurance policy does not prevent a
policy from being matured or terminated under subsection (1)
of this section if the insured has died or the insured or the
beneficiaries of the policy otherwise have become entitled to
the proceeds thereof before the depletion of the cash surrender value of a policy by the application of those provisions.
(5) If the laws of this state or the terms of the life insurance policy require the company to give notice to the insured
or owner that an automatic premium loan provision or other
[2003 RCW Supp—page 764]
nonforfeiture provision has been exercised and the notice,
given to an insured or owner whose last known address
according to the records of the company is in this state, is
undeliverable, the company shall make a reasonable search to
ascertain the policyholder's correct address to which the
notice must be mailed.
(6) Notwithstanding any other provision of law, if the
company learns of the death of the insured or annuitant and
the beneficiary has not communicated with the insurer within
four months after the death, the company shall take reasonable steps to pay the proceeds to the beneficiary.
(7) Commencing two years after June 30, 1983, every
change of beneficiary form issued by an insurance company
under any life or endowment insurance policy or annuity contract to an insured or owner who is a resident of this state
must request the following information:
(a) The name of each beneficiary, or if a class of beneficiaries is named, the name of each current beneficiary in the
class;
(b) The address of each beneficiary; and
(c) The relationship of each beneficiary to the insured.
[2003 1st sp.s. c 13 § 4; 1983 c 179 § 7.]
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
63.29.100
63.29.100 Stock and other intangible interests in
business associations. (Effective January 1, 2004.) (1)
Except as provided in subsections (2) and (5) of this section,
stock or other intangible ownership interest in a business
association, the existence of which is evidenced by records
available to the association, is presumed abandoned and, with
respect to the interest, the association is the holder, if a dividend, distribution, or other sum payable as a result of the
interest has remained unclaimed by the owner for three years
and the owner within three years has not:
(a) Communicated in writing with the association
regarding the interest or a dividend, distribution, or other sum
payable as a result of the interest; or
(b) Otherwise communicated with the association
regarding the interest or a dividend, distribution, or other sum
payable as a result of the interest, as evidenced by a memorandum or other record on file with the association prepared
by an employee of the association.
(2) At the expiration of a three-year period following the
failure of the owner to claim a dividend, distribution, or other
sum payable to the owner as a result of the interest, the interest is not presumed abandoned unless there have been at least
five dividends, distributions, or other sums paid during the
period, none of which has been claimed by the owner. If five
dividends, distributions, or other sums are paid during the
three-year period, the period leading to a presumption of
abandonment commences on the date payment of the first
such unclaimed dividend, distribution, or other sum became
due and payable. If five dividends, distributions, or other
sums are not paid during the presumptive period, the period
continues to run until there have been five dividends, distributions, or other sums that have not been claimed by the
owner.
(3) The running of the three-year period of abandonment
ceases immediately upon the occurrence of a communication
referred to in subsection (1) of this section. If any future div-
Uniform Unclaimed Property Act
idend, distribution, or other sum payable to the owner as a
result of the interest is subsequently not claimed by the
owner, a new period of abandonment commences and relates
back to the time a subsequent dividend, distribution, or other
sum became due and payable.
(4) At the time any interest is presumed abandoned under
this section, any dividend, distribution, or other sum then
held for or owing to the owner as a result of the interest, and
not previously presumed abandoned, is presumed abandoned.
(5) This chapter shall not apply to any stock or other
intangible ownership interest enrolled in a plan that provides
for the automatic reinvestment of dividends, distributions, or
other sums payable as a result of the interest unless:
(a) The records available to the administrator of the plan
show, with respect to any intangible ownership interest not
enrolled in the reinvestment plan, that the owner has not
within three years communicated in any manner described in
subsection (1) of this section; or
(b) Three years have elapsed since the location of the
owner became unknown to the association, as evidenced by
the return of official shareholder notifications or communications by the postal service as undeliverable, and the owner
has not within those three years communicated in any manner
described in subsection (1) of this section. The three-year
period from the return of official shareholder notifications or
communications shall commence from the earlier of the
return of the second such mailing or the date the holder discontinues mailings to the shareholder. [2003 1st sp.s. c 13 §
5; 1996 c 45 § 1; 1983 c 179 § 10.]
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
63.29.120
63.29.120 Property held by agents and fiduciaries.
(Effective January 1, 2004.) (1) Intangible property and any
income or increment derived therefrom held in a fiduciary
capacity for the benefit of another person is presumed abandoned unless the owner, within three years after it has
become payable or distributable, has increased or decreased
the principal, accepted payment of principal or income, communicated concerning the property, or otherwise indicated an
interest as evidenced by a memorandum or other record on
file prepared by the fiduciary.
(2) Funds in an individual retirement account or a retirement plan for self-employed individuals or similar account or
plan established pursuant to the internal revenue laws of the
United States are not payable or distributable within the
meaning of subsection (1) of this section unless, under the
terms of the account or plan, distribution of all or part of the
funds would then be mandatory.
(3) For the purpose of this section, a person who holds
property as an agent for a business association is deemed to
hold the property in a fiduciary capacity for that business
association alone, unless the agreement between him and the
business association provides otherwise.
(4) For the purposes of this chapter, a person who is
deemed to hold property in a fiduciary capacity for a business
association alone is the holder of the property only insofar as
the interest of the business association in the property is concerned, and the business association is the holder of the property insofar as the interest of any other person in the property
is concerned. [2003 1st sp.s. c 13 § 6; 1983 c 179 § 12.]
63.29.170
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
63.29.140
63.29.140 Gift certificates and credit memos. (Effective January 1, 2004.) (1) A gift certificate or a credit memo
issued in the ordinary course of an issuer's business which
remains unclaimed by the owner for more than three years
after becoming payable or distributable is presumed abandoned.
(2) In the case of a gift certificate, the amount presumed
abandoned is the price paid by the purchaser for the gift certificate. In the case of a credit memo, the amount presumed
abandoned is the amount credited to the recipient of the
memo. [2003 1st sp.s. c 13 § 7; 1983 c 179 § 14.]
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
63.29.170
63.29.170 Report of abandoned property. (1) A person holding property presumed abandoned and subject to
custody as unclaimed property under this chapter shall report
to the department concerning the property as provided in this
section.
(2) The report must be verified and must include:
(a) Except with respect to travelers checks and money
orders, the name, if known, and last known address, if any, of
each person appearing from the records of the holder to be the
owner of property with a value of more than fifty dollars presumed abandoned under this chapter;
(b) In the case of unclaimed funds of more than fifty dollars held or owing under any life or endowment insurance
policy or annuity contract, the full name and last known
address of the insured or annuitant and of the beneficiary
according to the records of the insurance company holding or
owing the funds;
(c) In the case of the contents of a safe deposit box or
other safekeeping repository or in the case of other tangible
property, a description of the property and the place where it
is held and where it may be inspected by the department, and
any amounts owing to the holder;
(d) The nature and identifying number, if any, or description of the property and the amount appearing from the
records to be due, but items with a value of fifty dollars or
less each may be reported in the aggregate;
(e) The date the property became payable, demandable,
or returnable, and the date of the last transaction with the
apparent owner with respect to the property; and
(f) Other information the department prescribes by rule
as necessary for the administration of this chapter.
(3) If the person holding property presumed abandoned
and subject to custody as unclaimed property is a successor to
other persons who previously held the property for the apparent owner or the holder has changed his or her name while
holding the property, the holder shall file with the report all
known names and addresses of each previous holder of the
property.
(4) The report must be filed before November 1st of each
year and shall include all property presumed abandoned and
subject to custody as unclaimed property under this chapter
that is in the holder's possession as of the preceding June
30th. On written request by any person required to file a
report, the department may postpone the reporting date.
[2003 RCW Supp—page 765]
63.29.180
Title 64 RCW: Real Property and Conveyances
Title 64
(5) After May 1st, but before August 1st, of each year in
which a report is required by this section, the holder in possession of property presumed abandoned and subject to custody as unclaimed property under this chapter shall send written notice to the apparent owner at the last known address
informing him or her that the holder is in possession of property subject to this chapter if:
(a) The holder has in its records an address for the apparent owner which the holder's records do not disclose to be
inaccurate;
(b) The claim of the apparent owner is not barred by the
statute of limitations; and
(c) The property has a value of more than seventy-five
dollars. [2003 c 237 § 1; 1996 c 45 § 2; 1993 c 498 § 7; 1983
c 179 § 17.]
Title 64
REAL PROPERTY AND CONVEYANCES
Chapters
64.06 Residential real property transfers—Seller's disclosures.
64.36 Timeshare regulation.
Chapter 64.06
Chapter 64.06 RCW
RESIDENTIAL REAL PROPERTY TRANSFERS—
SELLER'S DISCLOSURES
Sections
64.06.020
Seller's duty—Format of disclosure statement—Minimum
information.
63.29.180
63.29.180 Notice and publication of lists of abandoned property. (1) The department shall cause a notice to
be published not later than November 1st, immediately following the report required by RCW 63.29.170 in a newspaper
of general circulation in the county of this state in which is
located the last known address of any person to be named in
the notice. If no address is listed or the address is outside this
state, the notice must be published in the county in which the
holder of the property has its principal place of business
within this state.
(2) The published notice must be entitled "Notice of
Names of Persons Appearing to be Owners of Abandoned
Property" and contain:
(a) The names in alphabetical order and last known
address, if any, of persons listed in the report and entitled to
notice within the county as specified in subsection (1) of this
section; and
(b) A statement that information concerning the property
and the name and last known address of the holder may be
obtained by any person possessing an interest in the property
by addressing an inquiry to the department.
(3) The department is not required to publish in the
notice any items of seventy-five dollars or less unless the
department considers their publication to be in the public
interest.
(4) Not later than September 1st, immediately following
the report required by RCW 63.29.170, the department shall
mail a notice to each person whose last known address is
listed in the report and who appears to be entitled to property
with a value of more than seventy-five dollars presumed
abandoned under this chapter and any beneficiary of a life or
endowment insurance policy or annuity contract for whom
the department has a last known address.
(5) The mailed notice must contain:
(a) A statement that, according to a report filed with the
department, property is being held to which the addressee
appears entitled; and
(b) The name and last known address of the person holding the property and any necessary information regarding the
changes of name and last known address of the holder.
(6) This section is not applicable to sums payable on
travelers checks, money orders, and other written instruments
presumed abandoned under RCW 63.29.040. [2003 c 237 §
2; 1993 c 498 § 9; 1986 c 84 § 1; 1983 c 179 § 18.]
[2003 RCW Supp—page 766]
64.06.020
64.06.020 Seller's duty—Format of disclosure statement—Minimum information. (1) In a transaction for the
sale of residential property, the seller shall, unless the buyer
has expressly waived the right to receive the disclosure statement, or unless the transfer is exempt under RCW 64.06.010,
deliver to the buyer a completed seller disclosure statement in
the following format and that contains, at a minimum, the following information:
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces
blank. If the question clearly does not apply to the property
write "NA". If the answer is "yes" to any * items, please
explain on attached sheets. Please refer to the line number(s)
of the question(s) when you provide your explanation(s). For
your protection you must date and sign each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than five business
days, unless otherwise agreed, after mutual acceptance of a
written contract to purchase between a buyer and a seller.
NOTICE TO THE BUYER
THE FOLLOWING DISCLOSURES ARE MADE BY
SELLER ABOUT THE CONDITION OF THE PROPERTY
LOCATED AT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON
ATTACHED EXHIBIT A.
SELLER MAKES THE FOLLOWING DISCLOSURES OF
EXISTING MATERIAL FACTS OR MATERIAL
DEFECTS TO BUYER BASED ON SELLER'S ACTUAL
KNOWLEDGE OF THE PROPERTY AT THE TIME
SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER OTHERWISE
AGREE IN WRITING, YOU HAVE THREE BUSINESS
DAYS FROM THE DAY SELLER OR SELLER'S AGENT
DELIVERS THIS DISCLOSURE STATEMENT TO YOU
TO RESCIND THE AGREEMENT BY DELIVERING A
SEPARATELY SIGNED WRITTEN STATEMENT OF
RESCISSION TO SELLER OR SELLER'S AGENT. IF
THE SELLER DOES NOT GIVE YOU A COMPLETED
DISCLOSURE STATEMENT, THEN YOU MAY WAIVE
THE RIGHT TO RESCIND PRIOR TO OR AFTER THE
TIME YOU ENTER INTO A SALE AGREEMENT.
Residential Real Property Transfers—Seller’s Disclosures
THE FOLLOWING ARE DISCLOSURES MADE BY
SELLER AND ARE NOT THE REPRESENTATIONS OF
ANY REAL ESTATE LICENSEE OR OTHER PARTY.
THIS INFORMATION IS FOR DISCLOSURE ONLY
AND IS NOT INTENDED TO BE A PART OF ANY
WRITTEN AGREEMENT BETWEEN BUYER AND
SELLER.
FOR A MORE COMPREHENSIVE EXAMINATION OF
THE SPECIFIC CONDITION OF THIS PROPERTY YOU
ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE
PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST
INSPECTORS. THE PROSPECTIVE BUYER AND
SELLER MAY WISH TO OBTAIN PROFESSIONAL
ADVICE OR INSPECTIONS OF THE PROPERTY OR TO
PROVIDE APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY
ADVICE, INSPECTION, DEFECTS OR WARRANTIES.
Seller . . . . is/ . . . . is not occupying the property.
I. SELLER'S DISCLOSURES:
*If you answer "Yes" to a question with an asterisk (*), please explain your answer
and attach documents, if available and not otherwise publicly recorded. If necessary,
use an attached sheet.
1. TITLE
[ ] Yes
[ ] No
[ ] Don't know
A. Do you have legal authority to sell
the property? If no, please explain.
[ ] Yes
[ ] No
[ ] Don't know
*B. Is title to the property subject to any
of the following?
(1) First right of refusal
(2) Option
(3) Lease or rental agreement
(4) Life estate?
[ ] Yes
[ ] No
[ ] Don't know
*C. Are there any encroachments,
boundary agreements, or boundary disputes?
[ ] Yes
[ ] No
[ ] Don't know
*D. Are there any rights of way, easements, or access limitations that may
affect the Buyer's use of the property?
[ ] Yes
[ ] No
[ ] Don't know
*E. Are there any written agreements
for joint maintenance of an easement or
right of way?
[ ] Yes
[ ] No
[ ] Don't know
*F. Is there any study, survey project, or
notice that would adversely affect the
property?
[ ] Yes
[ ] No
[ ] Don't know
*G. Are there any pending or existing
assessments against the property?
[ ] Yes
[ ] No
[ ] Don't know
*H. Are there any zoning violations,
nonconforming uses, or any unusual
restrictions on the property that would
affect future construction or remodeling?
[ ] Yes
[ ] No
[ ] Don't know
*I. Is there a boundary survey for the
property?
[ ] Yes
[ ] No
[ ] Don't know
*J. Are there any covenants, conditions,
or restrictions which affect the property?
2. WATER
A. Household Water
(1) The source of water for the
property is:
[ ] Private or publicly owned water
system
[ ] Private well serving only the subject property . . . . . .
*[ ] Other water system
[ ] Yes
[ ] No
[ ] Don't know
*If shared, are there any written
agreements?
[ ] Yes
[ ] No
[ ] Don't know
*(2) Is there an easement (recorded
or unrecorded) for access to and/or
maintenance of the water source?
[ ] Yes
[ ] No
[ ] Don't know
*(3) Are there any known problems
or repairs needed?
[ ] Yes
[ ] No
64.06.020
[ ] Don't know
(4) During your ownership, has the
source provided an adequate year
round supply of potable water? If
no, please explain.
[ ] Yes
[ ] No
[ ] Don't know
*(5) Are there any water treatment
systems for the property? If yes, are
they [ ]Leased [ ]Owned
B. Irrigation
[ ] Yes
[ ] No
[ ] Don't know
(1) Are there any water rights for
the property, such as a water right,
permit, certificate, or claim?
[ ] Yes
[ ] No
[ ] Don't know
*(a) If yes, have the water rights
been used during the last five years?
[ ] Yes
[ ] No
[ ] Don't know
*(b) If so, is the certificate available?
C. Outdoor Sprinkler System
[ ] Yes
[ ] No
[ ] Don't know
(1) Is there an outdoor sprinkler system for the property?
[ ] Yes
[ ] No
[ ] Don't know
(2) If yes, are there any defects in
the system? . . . . . .
[ ] Yes
[ ] No
[ ] Don't know
*(3) If yes, is the sprinkler system
connected to irrigation water?
3. SEW ER /ON-SITE SEWAG E
SYSTEM
A. The property is served by: [ ] Public
sewer system, [ ] On-site sewage system
(including pipes, tanks, drainfields, and
all other component parts) [ ] Other disposal system, please describe:
..............................
[ ] Yes
[ ] No
[ ] Don't know
B. If public sewer system service is
available to the property, is the house
connected to the sewer main? If no,
please explain.
..............................
[ ] Yes
[ ] No
[ ] Don't know
C. Is the property subject to any sewage
system fees or charges in addition to
those covered in your regularly billed
sewer or on-site sewage system maintenance service?
D. If the property is connected to an onsite sewage system:
[ ] Yes
[ ] No
[ ] Don't know
*(1) Was a permit issued for its construction, and was it approved by
the local health department or district following its construction?
(2) When was it last pumped:
........................ ...
[ ] Yes
[ ] No
[ ] Don't know
*(3) Are there any defects in the
operation of the on-site sewage system?
[ ] Don't know
(4) When was it last inspected?
........................ ...
By Whom: . . . . . . . . . . . . . . . . .
[ ] Don't know
(5) For how many bedrooms was
the on-site sewage system approved
?
. . . . . . . . . . . . . . . . . . bedrooms
[ ] Yes
[ ] No
[ ] Don't know
E. Are all plumbing fixtures, including
laundry drain, connected to the
sewer/on-site sewage system? If no,
please explain: . . . . . . . . . . . . . . . . .
[ ] Yes
[ ] No
[ ] Don't know
*F. Have there been any changes or
repairs to the on-site sewage system?
[ ] Yes
[ ] No
[ ] Don't know
G. Is the on-site sewage system, including the drainfield, located entirely
within the boundaries of the property?
If no, please explain.
..............................
[ ] Yes
[ ] No
[ ] Don't know
H. Does the on-site sewage system
require monitoring and maintenance
services more frequently than once a
year? If yes, please explain.
..............................
NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING COMPLETED FOR NEW CONSTRUCTION WHICH HAS
NEVER BEEN OCCUPIED, THE SELLER IS NOT REQUIRED TO COMPLETE
THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR ITEM 5. SYSTEMS
AND FIXTURES
4. STRUCTURAL
[ ] Yes
[ ] No
[ ] Don't know
*A. Has the roof leaked?
[ ] Yes
[ ] No
[ ] Don't know
*B. Has the basement flooded or
leaked?
[ ] Yes
[ ] No
[ ] Don't know
*C. Have there been any conversions,
additions, or remodeling?
[ ] Yes
[ ] No
[ ] Don't know
*(1) If yes, were all building permits obtained?
[2003 RCW Supp—page 767]
64.06.020
Title 64 RCW: Real Property and Conveyances
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
' Foundations
' Chimneys
' Doors
' Ceilings
' Pools
' Sidewalks
' Garage Floors
' Other
*(2) If yes, were all final inspections obtained?
D. Do you know the age of the house?
If yes, year of original construction:
..............................
*E. Has there been any settling, slippage, or sliding of the property or its
improvements?
*F. Are there any defects with the following: (If yes, please check applicable
items and explain.)
' Decks
' Interior Walls
' Windows
' Slab Floors
' Hot Tub
' Outbuildings
' Walkways
' Wood Stoves
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] Yes
[ ] No
[ ] No
[ ] Don't know
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] Yes
[ ] Yes
[ ] Yes
[ ] Yes
[ ] Yes
[ ] No
[ ] No
[ ] No
[ ] No
[ ] No
[ ] No
[ ] Don't know
[ ] Don't know
[ ] Don't know
[ ] Don't know
[ ] Don't know
[ ] Don't know
[ ] Yes
[ ] Yes
[ ] Yes
[ ] No
[ ] No
[ ] No
[ ] Don't know
[ ] Don't know
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[2003 RCW Supp—page 768]
' Exterior Walls
' Fire Alarm
' Patio
' Driveways
' Sauna
' Fireplaces
' Siding
*G. Was a structural pest or "whole
house" inspection done? If yes, when
and by whom was the inspection completed? . . . . . . . . . . . . . . . . . . . . . . .
H. During your ownership, has the
property had any wood destroying
organism or pest infestation?
I. Is the attic insulated?
J. Is the basement insulated?
5. SYSTEMS AND FIXTURES
*A. If any of the following systems or
fixtures are included with the transfer,
are there any defects? If yes, please
explain.
Electrical system, including wiring, switches, outlets, and service
Plumbing system, including pipes,
faucets, fixtures, and toilets
Hot water tank
Garbage disposal
Appliances
Sump pump
Heating and cooling systems
Security system
[ ] Owned [ ] Leased
Other . . . . . . . . . . . . . . . . . . . .
*B. If any of the following fixtures
or property is included with the
transfer, are they leased? (If yes,
please attach copy of lease.)
Security system . . . . . .
Tanks (type): . . . . . .
Satellite dish . . . . . .
Other: . . . . . .
6. COMMON INTERESTS
A. Is there a Home Owners' Association? Name of Association
..............................
B. Are there regular periodic assessments:
$ . . . per [ ] Month [ ] Year
[ ] Other . . . . . . . . . . . . . . . . . . . . . . .
*C. Are there any pending special
assessments?
*D. Are there any shared "common
areas" or any joint maintenance agreements (facilities such as walls, fences,
landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)?
7. GENERAL
*A. Have there been any drainage problems on the property?
*B. Does the property contain fill material?
*C. Is there any material damage to the
property from fire, wind, floods, beach
movements, earthquake, expansive
soils, or landslides?
D. Is the property in a designated flood
plain?
[ ] Yes
[ ] Yes
[ ] Yes
[ ] Yes
[ ] Yes
[ ] Yes
[ ] Yes
DATE
[ ] No
[ ] Don't know
*E. Are there any substances, materials,
or products on the property that may be
environmental concerns, such as asbestos, formaldehyde, radon gas, leadbased paint, fuel or chemical storage
tanks, or contaminated soil or water ?
[ ] No
[ ] Don't know
*G. Has the property ever been used as
an illegal drug manufacturing site?
[ ] No
[ ] Don't know
*H. Are there any radio towers in the
area that may cause interference with
telephone reception?
8.
MANUFACTURED AND
MOBILE HOMES
If the property includes a manufactured
or mobile home,
[ ] No
[ ] Don't know
*A. Did you make any alterations to the
home? If yes, please describe the alterations: . . . . . . . . . .
[ ] No
[ ] Don't know
*B. Did any previous owner make any
alterations to the home? If yes, please
describe the alterations: . . . . . . . . . .
[ ] No
[ ] Don't know
*C. If alterations were made, were permits or variances for these alterations
obtained?
9. FULL DISCLOSURE BY SELLERS
A. Other conditions or defects:
[ ] No
[ ] Don't know
*Are there any other existing material
defects affecting the property that a prospective buyer should know about?
B. Verification:
The foregoing answers and attached
explanations (if any) are complete and
correct to the best of my/our knowledge
and I/we have received a copy hereof.
I/we authorize all of my/our real estate
licensees, if any, to deliver a copy of this
disclosure statement to other real estate
licensees and all prospective buyers of
the property.
.........
SELLER . . . . . . . . . . .
SELLER . . . . . . . . . . . . . . . .
II. BUYER'S ACKNOWLEDGMENT
A.
Buyer hereby acknowledges that: Buyer has a duty to pay
diligent attention to any material defects that are known to
Buyer or can be known to Buyer by utilizing diligent attention and observation.
B.
The disclosures set forth in this statement and in any amendments to this statement are made only by the Seller and not
by any real estate licensee or other party.
C.
Buyer acknowledges that, pursuant to RCW 64.06.050(2),
real estate licensees are not liable for inaccurate information
provided by Seller, except to the extent that real estate licensees know of such inaccurate information.
D.
This information is for disclosure only and is not intended to
be a part of the written agreement between the Buyer and
Seller.
E.
Buyer (which term includes all persons signing the "Buyer's
acceptance" portion of this disclosure statement below) has
received a copy of this Disclosure Statement (including
attachments, if any) bearing Seller's signature.
DISCLOSURES CONTAINED IN THIS DISCLOSURE
STATEMENT ARE PROVIDED BY SELLER BASED ON
SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY
AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER
OTHERWISE AGREE IN WRITING, BUYER SHALL
HAVE THREE BUSINESS DAYS FROM THE DAY
SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED
WRITTEN STATEMENT OF RESCISSION TO SELLER
OR SELLER'S AGENT. IF THE SELLER DOES NOT
GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO
RESCIND PRIOR TO OR AFTER THE TIME YOU
ENTER INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A
COPY OF THIS DISCLOSURE STATEMENT AND
Timeshare Regulation
ACKNOWLEDGES THAT THE DISCLOSURES MADE
HEREIN ARE THOSE OF THE SELLER ONLY, AND
NOT OF ANY REAL ESTATE LICENSEE OR OTHER
PARTY.
DATE . . . . . . . BUYER . . . . . . . . . BUYER . . . . . . . . . . . .
(2) If the disclosure statement is being completed for
new construction which has never been occupied, the disclosure statement is not required to contain and the seller is not
required to complete the questions listed in item 4. Structural
or item 5. Systems and Fixtures.
(3) The seller disclosure statement shall be for disclosure
only, and shall not be considered part of any written agreement between the buyer and seller of residential property.
The seller disclosure statement shall be only a disclosure
made by the seller, and not any real estate licensee involved
in the transaction, and shall not be construed as a warranty of
any kind by the seller or any real estate licensee involved in
the transaction. [2003 c 200 § 1; 1996 c 301 § 2; 1994 c 200
§ 3.]
Effective date—1996 c 301 § 2: "Section 2 of this act shall take effect
July 1, 1996." [1996 c 301 § 7.]
Chapter 64.36
Chapter 64.36 RCW
TIMESHARE REGULATION
Sections
64.36.020
64.36.028
64.36.210
64.36.020
Registration required before advertisement, solicitation, or
offer—Requirements for registration—Exemption authorized—Penalties. (Effective July 1, 2004.)
Timeshare interest—Incomplete projects or facilities—Promoter's obligations—Funds—Purchaser's rights.
Unlawful acts—Penalties. (Effective July 1, 2004.)
64.36.020 Registration required before advertisement, solicitation, or offer—Requirements for registration—Exemption authorized—Penalties. (Effective July
1, 2004.) (1) A timeshare offering registration must be effective before any advertisement, solicitation of an offer, or any
offer or sale of a timeshare may be made in this state.
(2) An applicant shall apply for registration by filing
with the director:
(a) A copy of the disclosure document prepared in accordance with RCW 64.36.140 and signed by the applicant;
(b) An application for registration prepared in accordance with RCW 64.36.030;
(c) An irrevocable consent to service of process signed
by the applicant;
(d) The prescribed registration fee; and
(e) Any other information the director may by rule
require in the protection of the public interest.
(3) The registration requirements do not apply to:
(a) An offer, sale, or transfer of not more than one timeshare in any twelve-month period;
(b) A gratuitous transfer of a timeshare;
(c) A sale under court order;
(d) A sale by a government or governmental agency;
(e) A sale by forfeiture, foreclosure, or deed in lieu of
foreclosure; or
(f) A sale of a timeshare property or all timeshare units
therein to any one purchaser.
(4) The director may by rule or order exempt any potential registrant from the requirements of this chapter if the
64.36.028
director finds registration is unnecessary for the protection of
the public interest.
(5)(a) Except as provided in (b) of this subsection, any
person who violates this section is guilty of a gross misdemeanor.
(b) Any person who knowingly violates this section is
guilty of a class C felony punishable according to chapter
9A.20 RCW.
(c) No indictment or information for a felony may be
returned under this chapter more than five years after the
alleged violation. [2003 c 53 § 289; 1983 1st ex.s. c 22 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
64.36.028
64.36.028 Timeshare interest—Incomplete projects
or facilities—Promoter's obligations—Funds—Purchaser's rights. (1) An effective registration pursuant to this
chapter is required for any party to offer to sell a timeshare
interest. A promoter who offers to sell or sells revocable
timeshare interests in incomplete projects or facilities is limited by and must comply with all of the requirements of RCW
64.36.025. If a promoter seeks to enter into irrevocable purchase agreements with purchasers for timeshare interests in
incomplete projects or facilities, the promoter must meet the
requirements in this section in addition to RCW 64.36.020
and the following limitations and conditions apply:
(a) The promoter is limited to offering or selling only fee
simple deeded timeshare interests;
(b) Construction on the project must have begun by the
time the irrevocable purchase agreement is signed and the
purchaser must have the right to occupy the unit and use all
contracted for amenities no later than within two years of the
date that the irrevocable purchase agreement is signed;
(c) The promoter must establish an independent thirdparty escrow account for the purpose of protecting the funds
or other property paid, pledged, or deposited by purchasers;
(d) The promoter's solicitations, advertisements, and
promotional materials must clearly and conspicuously disclose that "THE PROJECT IS NOT YET COMPLETED; IT
IS STILL UNDER CONSTRUCTION"; and
(e) The promoter's solicitations, advertisements, and promotional materials and the timeshare interest purchase agreement must clearly and conspicuously provide for and disclose
the last possible estimated date for completion of construction of any building the promoter is contractually obligated to
the purchaser to complete.
(2) The timeshare interest purchase agreement must contain the following language in fourteen-point bold face type:
"If the building in which the timeshare interest is located and
all contracted for amenities are not completed by [estimated
date of completion], the purchaser has the right to void the
purchase agreement and is entitled to a full, unqualified
refund of all moneys paid."
(3) One hundred percent of all funds or other property
that is received from or on behalf of purchasers of timeshare
interests prior to the occurrence of events required in this section must be deposited pursuant to a third-party escrow
agreement approved by the director. For purposes of this section, "purchasers" includes all persons solicited, offered, or
who purchased a timeshare interest by a promoter within the
state of Washington. An escrow agent shall maintain the
[2003 RCW Supp—page 769]
64.36.210
Title 65 RCW: Recording, Registration, and Legal Publication
account only in such a manner as to be under the direct supervision and control of the escrow agent. The escrow agent has
a fiduciary duty to each purchaser to maintain the escrow
accounts in accordance with good accounting practices and to
release the purchaser's funds or other property from escrow
only in accordance with this chapter. If the escrow agent
receives conflicting demands for funds or property held in
escrow, the escrow agent shall immediately notify the department of licensing of the dispute and the department shall
determine if and how the funds should be distributed. If the
purchaser, promoter, or escrow agent disagrees with the
department's determination, the parties have the right to
request an administrative hearing under chapter 34.05 RCW.
Funds may be released from the escrow account to the purchaser if the purchaser cancels within the cancellation period,
or to the promoter only when all three of the following conditions occur:
(a) The purchaser's cancellation period has expired;
(b) Closing has occurred; and
(c) Construction is complete and the building is ready to
occupy.
(4) In lieu of depositing purchaser funds into an escrow
account, the promoter may post with the department a bond
in an amount equal to or greater than the amount that would
otherwise be required to be placed into the escrow account.
(5) Any purchaser has the right to void the timeshare
purchase agreement and request a full, unqualified refund if
construction of the building in which the timeshare interest is
located or all contracted for amenities are not completed
within two years from the date that the irrevocable purchase
agreement is signed or by the last estimated date of construction contained in the irrevocable purchase agreement, whichever is earlier.
(6) If the completed timeshare building or contracted for
amenities are materially and adversely different from the
building or amenities that were promised to purchasers at the
time that the purchase agreements were signed, the director
may declare any or all of the purchaser contracts void.
Before declaring the contracts void, the director shall give the
promoter the opportunity for a hearing in accordance with
chapters 34.05 and 18.235 RCW.
(7) If the promoter intends to or does pledge or borrow
against funds or properties, that are held in escrow or protected by a bond, to help finance in whole or in part the construction of the timeshare project or to help pay for operating
costs, this must be fully, plainly, and conspicuously disclosed
in all written advertising, in all written solicitations for the
sale of the timeshare interests, in the registration with the
director, and in the purchase agreement or contract.
(8) A promoter who obtains an effective registration for
a revocable timeshare interest reservation must meet the
requirements of this section in order to complete an irrevocable purchase agreement. [2003 c 348 § 1.]
64.36.210
64.36.210 Unlawful acts—Penalties. (Effective July
1, 2004.) (1) It is unlawful for any person in connection with
the offer, sale, or lease of any timeshare in the state:
(a) To make any untrue or misleading statement of a
material fact, or to omit a material fact;
(b) To employ any device, scheme, or artifice to defraud;
[2003 RCW Supp—page 770]
(c) To engage in any act, practice, or course of business
which operates or would operate as a fraud or deceit upon any
person;
(d) To file, or cause to be filed, with the director any document which contains any untrue or misleading information;
or
(e) To violate any rule or order of the director.
(2)(a) Any person who knowingly violates this section is
guilty of a class C felony punishable according to chapter
9A.20 RCW.
(b) No indictment or information for a felony may be
returned under this chapter more than five years after the
alleged violation. [2003 c 53 § 290; 1983 1st ex.s. c 22 § 20.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
64.36.230
64.36.230 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Title 65
Title 65
RECORDING, REGISTRATION, AND
LEGAL PUBLICATION
Chapters
65.04 Duties of county auditor.
65.12 Registration of land titles (Torrens Act).
Chapter 65.04
Chapter 65.04 RCW
DUTIES OF COUNTY AUDITOR
Sections
65.04.090
Further endorsements—Delivery.
65.04.090
65.04.090 Further endorsements—Delivery. The
recording officer must also endorse upon such an instrument,
paper, or notice, the time when and the book and page in
which it is recorded, and must thereafter either electronically
transmit or deliver it to the party leaving the same for record
or to the address on the face of the document. [2003 c 239 §
1; 1996 c 229 § 5; Code 1881 § 2732; RRS § 10607.]
Chapter 65.12
Chapter 65.12 RCW
REGISTRATION OF LAND TITLES
(TORRENS ACT)
Sections
65.12.730
65.12.740
65.12.750
65.12.760
Certificate subject of theft—Penalty. (Effective July 1, 2004.)
Perjury. (Effective July 1, 2004.)
Fraud—False entries—Penalty. (Effective July 1, 2004.)
Forgery—Penalty. (Effective July 1, 2004.)
65.12.730
65.12.730 Certificate subject of theft—Penalty.
(Effective July 1, 2004.) Certificates of title or duplicate certificates entered under this chapter, shall be subjects of theft,
and anyone unlawfully stealing or carrying away any such
certificate, shall, upon conviction thereof, be deemed guilty
of theft under chapter 9A.56 RCW. [2003 c 53 § 291; 1907 c
250 § 89; RRS § 10718.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Alcoholic Beverage Control
65.12.740
Chapter 66.08
65.12.740 Perjury. (Effective July 1, 2004.) Whoever
knowingly swears falsely to any statement required by this
chapter to be made under oath is guilty of perjury under chapter 9A.72 RCW. [2003 c 53 § 292; 1907 c 250 § 90; RRS §
10719.]
66.08.150
66.08.190
65.12.750
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
65.12.760
65.12.760 Forgery—Penalty. (Effective July 1, 2004.)
Whoever forges or procures to be forged, or assists in forging, the seal of the registrar, or the name, signature, or handwriting of any officer of the registry office, in case where
such officer is expressly or impliedly authorized to affix his
or her signature; or forges or procures to be forged, or assists
in forging, the name, signature, or handwriting of any person
whomsoever, to any instrument which is expressedly or
impliedly authorized to be signed by such person; or uses any
document upon which any impression or part of the impression of any seal of the registrar has been forged, knowing the
same to have been forged, or any document, the signature to
which has been forged, shall be guilty of a class B felony, and
upon conviction shall be imprisoned in a state correctional
facility for not more than ten years, or fined not more than
one thousand dollars, or both fined and imprisoned, in the
discretion of the court. [2003 c 53 § 294; 1907 c 250 § 92;
RRS § 10721.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Title 66
Title 66
ALCOHOLIC BEVERAGE CONTROL
Chapters
66.08 Liquor control board—General provisions.
66.16 State liquor stores.
66.20 Liquor permits.
66.24 Licenses—Stamp taxes.
66.28 Miscellaneous regulatory provisions.
66.44 Enforcement—Penalties.
Chapter 66.08 RCW
LIQUOR CONTROL BOARD—
GENERAL PROVISIONS
Sections
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
65.12.750 Fraud—False entries—Penalty. (Effective
July 1, 2004.) Whoever fraudulently procures, or assists
fraudulently procuring, or is privy to the fraudulent procurement of any certificate of title, or other instrument, or of any
entry in the register of titles, or other book kept in the registrar's office, or of any erasure or alteration in any entry in any
such book, or in any instrument authorized by this chapter, or
knowingly defrauds or is privy to defrauding any person by
means of a false or fraudulent instrument, certificate, statement, or affidavit affecting registered land, shall be guilty of
a class C felony, and upon conviction, shall be fined in any
sum not exceeding five thousand dollars, or imprisoned in a
state correctional facility for not more than five years, or both
such fine and imprisonment, in the discretion of the court.
[2003 c 53 § 293; 1907 c 250 § 91; RRS § 10720.]
66.08.190
Board's action as to permits and licenses—Administrative procedure act, applicability—Adjudicative proceeding—
Opportunity for hearing—Summary suspension.
Liquor revolving fund—Disbursement of excess funds to
state, counties, and cities—Withholding of funds for noncompliance.
66.08.150
66.08.150 Board's action as to permits and licenses—
Administrative procedure act, applicability—Adjudicative proceeding—Opportunity for hearing—Summary
suspension. The action, order, or decision of the board as to
any denial of an application for the reissuance of a permit or
license or as to any revocation, suspension, or modification
of any permit or license shall be an adjudicative proceeding
and subject to the applicable provisions of chapter 34.05
RCW.
(1) An opportunity for a hearing may be provided an
applicant for the reissuance of a permit or license prior to the
disposition of the application, and if no such opportunity for
a prior hearing is provided then an opportunity for a hearing
to reconsider the application must be provided the applicant.
(2) An opportunity for a hearing must be provided a permittee or licensee prior to a revocation or modification of any
permit or license and, except as provided in subsection (4) of
this section, prior to the suspension of any permit or license.
(3) No hearing shall be required until demanded by the
applicant, permittee, or licensee.
(4) The board may summarily suspend a license or permit for a period of up to one hundred eighty days without a
prior hearing if it finds that public health, safety, or welfare
imperatively require emergency action, and incorporates a
finding to that effect in its order; and proceedings for revocation or other action must be promptly instituted and determined. The board's enforcement division shall complete a
preliminary staff investigation of the violation before
requesting an emergency suspension by the board. [2003 c
320 § 1; 1989 c 175 § 122; 1967 c 237 § 23; 1933 ex.s. c 62
§ 62; RRS § 7306-62.]
Effective date—1989 c 175: See note following RCW 34.05.010.
66.08.190
66.08.190 Liquor revolving fund—Disbursement of
excess funds to state, counties, and cities—Withholding of
funds for noncompliance. (1) Except for revenues generated by the 2003 surcharge of $0.42/liter on retail sales of
spirits that shall be distributed to the state general fund during
the 2003-2005 biennium, when excess funds are distributed,
all moneys subject to distribution shall be disbursed as follows:
(a) Three-tenths of one percent to border areas under
RCW 66.08.195; and
(b) From the amount remaining after distribution under
(a) of this subsection, (i) fifty percent to the general fund of
the state, (ii) ten percent to the counties of the state, and (iii)
forty percent to the incorporated cities and towns of the state.
(2) During the months of June, September, December,
and March of each year, prior to disbursing the distribution to
incorporated cities and towns under subsection (1)(b) of this
[2003 RCW Supp—page 771]
Chapter 66.16
Title 66 RCW: Alcoholic Beverage Control
section, the treasurer shall deduct from that distribution an
amount that will fund that quarter's allotments under RCW
43.88.110 from any legislative appropriation from the city
and town research services account. The treasurer shall
deposit the amount deducted into the city and town research
services account.
(3) The governor may notify and direct the state treasurer
to withhold the revenues to which the counties and cities are
entitled under this section if the counties or cities are found to
be in noncompliance pursuant to RCW 36.70A.340. [2003
1st sp.s. c 25 § 927; 2002 c 38 § 2; 2000 c 227 § 2; 1995 c 159
§ 1; 1991 sp.s. c 32 § 34; 1988 c 229 § 4; 1957 c 175 § 6.
Prior: 1955 c 109 § 2; 1949 c 187 § 1, part; 1939 c 173 § 1,
part; 1937 c 62 § 2, part; 1935 c 80 § 1, part; 1933 ex.s. c 62
§ 78, part; Rem. Supp. 1949 § 7306-78, part. Formerly RCW
43.66.090.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Effective date—2000 c 227: See note following RCW 43.110.060.
Effective date—1995 c 159: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 159 § 6.]
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
Finding—1988 c 229: "The legislature finds and declares that certain
counties and municipalities near international borders are subjected to a constant volume and flow of travelers and visitors for whom local government
services must be provided. The legislature further finds that it is in the public
interest and for the protection of the health, property, and welfare of the residents and visitors to provide supplemental resources to augment and maintain existing levels of police protection in such areas and to alleviate the
impact of such added burdens." [1988 c 229 § 2.]
Effective date—1988 c 229 §§ 2-4: "Sections 2 through 4 of this act
shall take effect July 1, 1989." [1988 c 229 § 5.]
Chapter 66.16
Chapter 66.16 RCW
STATE LIQUOR STORES
Sections
66.16.010
Board may establish—Price standards—Prices in special
instances.
66.16.010
66.16.010 Board may establish—Price standards—
Prices in special instances. (1) There shall be established at
such places throughout the state as the liquor control board,
constituted under this title, shall deem advisable, stores to be
known as "state liquor stores," for the sale of liquor in accordance with the provisions of this title and the regulations:
PROVIDED, That the prices of all liquor shall be fixed by the
board from time to time so that the net annual revenue
received by the board therefrom shall not exceed thirty-five
percent. Effective no later than September 1, 2003, the liquor
control board shall add an equivalent surcharge of $0.42 per
liter on all retail sales of spirits, excluding licensee, military,
and tribal sales. The intent of this surcharge is to raise
$14,000,000 in additional general fund-state revenue for the
2003-2005 biennium. To the extent that a lesser surcharge is
sufficient to raise $14,000,000, the board may reduce the
amount of the surcharge. The board shall remove the surcharge once it generates $14,000,000, but no later than June
30, 2005.
(2) The liquor control board may, from time to time, fix
the special price at which pure ethyl alcohol may be sold to
[2003 RCW Supp—page 772]
physicians and dentists and institutions regularly conducted
as hospitals, for use or consumption only in such hospitals;
and may also fix the special price at which pure ethyl alcohol
may be sold to schools, colleges and universities within the
state for use for scientific purposes. Regularly conducted
hospitals may have right to purchase pure ethyl alcohol on a
federal permit.
(3) The liquor control board may also fix the special
price at which pure ethyl alcohol may be sold to any department, branch or institution of the state of Washington, federal
government, or to any person engaged in a manufacturing or
industrial business or in scientific pursuits requiring alcohol
for use therein.
(4) The liquor control board may also fix a special price
at which pure ethyl alcohol may be sold to any private individual, and shall make regulations governing such sale of
alcohol to private individuals as shall promote, as nearly as
may be, the minimum purchase of such alcohol by such persons. [2003 1st sp.s. c 25 § 928; 1939 c 172 § 10; 1937 c 62
§ 1; 1933 ex.s. c 62 § 4; RRS § 7306-4. Formerly RCW
66.16.010 and 66.16.020.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Chapter 66.20
Chapter 66.20 RCW
LIQUOR PERMITS
Sections
66.20.200
66.20.200
Unlawful acts relating to identification or certification card—
Penalties. (Effective July 1, 2004.)
66.20.200 Unlawful acts relating to identification or
certification card—Penalties. (Effective July 1, 2004.) (1)
It shall be unlawful for the owner of a card of identification to
transfer the card to any other person for the purpose of aiding
such person to procure alcoholic beverages from any licensee
or store employee. Any person who shall permit his or her
card of identification to be used by another or transfer such
card to another for the purpose of aiding such transferee to
obtain alcoholic beverages from a licensee or store employee
or gain admission to a premises or portion of a premises classified by the board as off-limits to persons under twenty-one
years of age, shall be guilty of a misdemeanor punishable as
provided by RCW 9A.20.021, except that a minimum fine of
two hundred fifty dollars shall be imposed and any sentence
requiring community restitution shall require not fewer than
twenty-five hours of community restitution.
(2) Any person not entitled thereto who unlawfully procures or has issued or transferred to him or her a card of identification, and any person who possesses a card of identification not issued to him or her, and any person who makes any
false statement on any certification card required by RCW
66.20.190, to be signed by him or her, shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.021,
except that a minimum fine of two hundred fifty dollars shall
be imposed and any sentence requiring community restitution
shall require not fewer than twenty-five hours of community
restitution. [2003 c 53 § 295; 2002 c 175 § 41; 1994 c 201 §
1; 1987 c 101 § 4; 1973 1st ex.s. c 209 § 8; 1971 ex.s. c 15 §
6; 1969 ex.s. c 178 § 2; 1959 c 111 § 8; 1949 c 67 § 5; Rem.
Supp. 1949 § 7306-19E.]
Licenses—Stamp Taxes
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2002 c 175: See note following RCW 7.80.130.
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1971 ex.s. c 15: See note following RCW 66.16.040.
Unlawful transfer to minor of age identification: RCW 66.44.325.
Chapter 66.24
Chapter 66.24 RCW
LICENSES—STAMP TAXES
Sections
66.24.170
66.24.240
66.24.244
66.24.250
66.24.261
66.24.270
66.24.290
66.24.320
66.24.330
66.24.360
66.24.371
66.24.420
66.24.452
66.24.570
66.24.170
Domestic winery license—Winery as distributor and/or
retailer of own wine—Off-premise samples—Domestic
wine made into sparkling wine—Sales at qualifying farmers
markets.
Domestic brewery's license—Fee—Distribution and/or
retail—Contract-production—Sales at qualifying farmers
markets.
Microbrewery's license—Endorsement for on-premises consumption—Fees—Determination of status as tavern or beer
and/or wine restaurant—Sales at qualifying farmers markets.
Beer distributor's license—Fee.
Beer importer's license—Principal office—Report—Labels—
Fee.
Manufacturer's monthly report to board of quantity of malt
liquor sales or strong beer made to beer distributors—Certificate of approval and report for out-of-state or imported
beer—Fee.
Authorized, prohibited sales—Monthly reports—Added tax—
Distribution—Late payment penalty—Additional taxes, purposes.
Beer and/or wine restaurant license—Containers—Fee—
Caterer's endorsement.
Tavern license—Fees.
Grocery store license—Fees—Restricted license—Determination of public interest—Inventory—International export
endorsement.
Beer and/or wine specialty shop license—Fee—Samples—
Restricted license—Determination of public interest—
Inventory.
Liquor by the drink, spirits, beer, and wine restaurant
license—Schedule of fees—Location—Number of
licenses—Caterer's endorsement.
Private club beer and wine license—Fee.
Sports/entertainment facility license—Fee—Caterer's
endorsement.
66.24.170 Domestic winery license—Winery as distributor and/or retailer of own wine—Off-premise samples—Domestic wine made into sparkling wine—Sales at
qualifying farmers markets. (1) There shall be a license for
domestic wineries; fee to be computed only on the liters manufactured: Less than two hundred fifty thousand liters per
year, one hundred dollars per year; and two hundred fifty
thousand liters or more per year, four hundred dollars per
year.
(2) The license allows for the manufacture of wine in
Washington state from grapes or other agricultural products.
(3) Any domestic winery licensed under this section may
also act as a distributor and/or retailer of wine of its own production. Any winery operating as a distributor and/or retailer
under this subsection shall comply with the applicable laws
and rules relating to distributors and/or retailers.
(4) A domestic winery licensed under this section, at
locations separate from any of its production or manufacturing sites, may serve samples of its own products, with or
without charge, and sell wine of its own production at retail
for off-premise consumption, provided that: (a) Each additional location has been approved by the board under RCW
66.24.010; (b) the total number of additional locations does
66.24.170
not exceed two; and (c) a winery may not act as a distributor
at any such additional location. Each additional location is
deemed to be part of the winery license for the purpose of this
title. Nothing in this subsection shall be construed to prevent
a domestic winery from holding multiple domestic winery
licenses.
(5)(a) A domestic winery licensed under this section may
apply to the board for an endorsement to sell wine of its own
production at retail for off-premises consumption at a qualifying farmers market. The annual fee for this endorsement is
seventy-five dollars. An endorsement issued pursuant to this
subsection does not count toward the two additional retail
locations limit specified in this section.
(b) For each month during which a domestic winery will
sell wine at a qualifying farmers market, the winery must provide the board or its designee a list of the dates, times, and
locations at which bottled wine may be offered for sale. This
list must be received by the board before the winery may
offer wine for sale at a qualifying farmers market.
(c) The wine sold at qualifying farmers markets must be
made entirely from grapes grown in a recognized Washington appellation or from other agricultural products grown in
this state.
(d) Each approved location in a qualifying farmers market is deemed to be part of the winery license for the purpose
of this title. The approved locations under an endorsement
granted under this subsection do not include the tasting or
sampling privilege of a winery. The winery may not store
wine at a farmers market beyond the hours that the winery
offers bottled wine for sale. The winery may not act as a distributor from a farmers market location.
(e) Before a winery may sell bottled wine at a qualifying
farmers market, the farmers market must apply to the board
for authorization for any winery with an endorsement
approved under this subsection to sell bottled wine at retail at
the farmers market. This application shall include, at a minimum: (i) A map of the farmers market showing all booths,
stalls, or other designated locations at which an approved
winery may sell bottled wine; and (ii) the name and contact
information for the on-site market managers who may be
contacted by the board or its designee to verify the locations
at which bottled wine may be sold. Before authorizing a
qualifying farmers market to allow an approved winery to
sell bottled wine at retail at its farmers market location, the
board shall notify the persons or entities of such application
for authorization pursuant to RCW 66.24.010 (8) and (9). An
authorization granted under this subsection (5)(e) may be
withdrawn by the board for any violation of this title or any
rules adopted under this title.
(f) The board may adopt rules establishing the application and approval process under this section and such additional rules as may be necessary to implement this section.
(g) For the purposes of this subsection:
(i) "Qualifying farmers market" means an entity that
sponsors a regular assembly of vendors at a defined location
for the purpose of promoting the sale of agricultural products
grown or produced in this state directly to the consumer
under conditions that meet the following minimum requirements:
(A) There are at least five participating vendors who are
farmers selling their own agricultural products;
[2003 RCW Supp—page 773]
66.24.240
Title 66 RCW: Alcoholic Beverage Control
(B) The total combined gross annual sales of vendors
who are farmers exceeds the total combined gross annual
sales of vendors who are processors or resellers;
(C) The total combined gross annual sales of vendors
who are farmers, processors, or resellers exceeds the total
combined gross annual sales of vendors who are not farmers,
processors, or resellers;
(D) The sale of imported items and secondhand items by
any vendor is prohibited; and
(E) No vendor is a franchisee.
(ii) "Farmer" means a natural person who sells, with or
without processing, agricultural products that he or she raises
on land he or she owns or leases in this state or in another
state's county that borders this state.
(iii) "Processor" means a natural person who sells processed food that he or she has personally prepared on land he
or she owns or leases in this state or in another state's county
that borders this state.
(iv) "Reseller" means a natural person who buys agricultural products from a farmer and resells the products directly
to the consumer.
(6) Wine produced in Washington state by a domestic
winery licensee may be shipped out-of-state for the purpose
of making it into sparkling wine and then returned to such licensee for resale. Such wine shall be deemed wine manufactured in the state of Washington for the purposes of RCW
66.24.206, and shall not require a special license. [2003 c 44
§ 1; 2000 c 141 § 1; 1997 c 321 § 3; 1991 c 192 § 2; 1982 c
85 § 4; 1981 1st ex.s. c 5 § 31; 1939 c 172 § 1 (23C); 1937 c
217 § 1 (23C) (adding new section 23-C to 1933 ex.s. c 62);
RRS § 7306-23C. Formerly RCW 66.24.170, 66.24.180, and
66.24.190.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.24.240
66.24.240 Domestic brewery's license—Fee—Distribution and/or retail—Contract-production—Sales at
qualifying farmers markets. (1) There shall be a license for
domestic breweries; fee to be two thousand dollars for production of sixty thousand barrels or more of malt liquor per
year.
(2) Any domestic brewery, except for a brand owner of
malt beverages under RCW 66.04.010(5), licensed under this
section may also act as a distributor and/or retailer for beer of
its own production. Any domestic brewery operating as a
distributor and/or retailer under this subsection shall comply
with the applicable laws and rules relating to distributors
and/or retailers.
(3) Any domestic brewery licensed under this section
may contract-produce beer for a brand owner of malt beverages defined under RCW 66.04.010(5), and this contract-production is not a sale for the purposes of RCW 66.28.170 and
66.28.180.
(4)(a) A domestic brewery licensed under this section
and qualified for a reduced rate of taxation pursuant to RCW
66.24.290(3)(b) may apply to the board for an endorsement
to sell bottled beer of its own production at retail for off-premises consumption at a qualifying farmers market. The
annual fee for this endorsement is seventy-five dollars.
[2003 RCW Supp—page 774]
(b) For each month during which a domestic brewery
will sell beer at a qualifying farmers market, the domestic
brewery must provide the board or its designee a list of the
dates, times, and locations at which bottled beer may be
offered for sale. This list must be received by the board
before the domestic brewery may offer beer for sale at a qualifying farmers market.
(c) The beer sold at qualifying farmers markets must be
produced in Washington.
(d) Each approved location in a qualifying farmers market is deemed to be part of the domestic brewery license for
the purpose of this title. The approved locations under an
endorsement granted under this subsection do not include the
tasting or sampling privilege of a domestic brewery. The
domestic brewery may not store beer at a farmers market
beyond the hours that the domestic brewery offers bottled
beer for sale. The domestic brewery may not act as a distributor from a farmers market location.
(e) Before a domestic brewery may sell bottled beer at a
qualifying farmers market, the farmers market must apply to
the board for authorization for any domestic brewery with an
endorsement approved under this subsection to sell bottled
beer at retail at the farmers market. This application shall
include, at a minimum: (i) A map of the farmers market
showing all booths, stalls, or other designated locations at
which an approved domestic brewery may sell bottled beer;
and (ii) the name and contact information for the on-site market managers who may be contacted by the board or its designee to verify the locations at which bottled beer may be
sold. Before authorizing a qualifying farmers market to
allow an approved domestic brewery to sell bottled beer at
retail at its farmers market location, the board shall notify the
persons or entities of such application for authorization pursuant to RCW 66.24.010 (8) and (9). An authorization
granted under this subsection (4)(e) may be withdrawn by the
board for any violation of this title or any rules adopted under
this title.
(f) The board may adopt rules establishing the application and approval process under this section and such additional rules as may be necessary to implement this section.
(g) For the purposes of this subsection:
(i) "Qualifying farmers market" means an entity that
sponsors a regular assembly of vendors at a defined location
for the purpose of promoting the sale of agricultural products
grown or produced in this state directly to the consumer
under conditions that meet the following minimum requirements:
(A) There are at least five participating vendors who are
farmers selling their own agricultural products;
(B) The total combined gross annual sales of vendors
who are farmers exceeds the total combined gross annual
sales of vendors who are processors or resellers;
(C) The total combined gross annual sales of vendors
who are farmers, processors, or resellers exceeds the total
combined gross annual sales of vendors who are not farmers,
processors, or resellers;
(D) The sale of imported items and secondhand items by
any vendor is prohibited; and
(E) No vendor is a franchisee.
(ii) "Farmer" means a natural person who sells, with or
without processing, agricultural products that he or she raises
Licenses—Stamp Taxes
on land he or she owns or leases in this state or in another
state's county that borders this state.
(iii) "Processor" means a natural person who sells processed food that he or she has personally prepared on land he
or she owns or leases in this state or in another state's county
that borders this state.
(iv) "Reseller" means a natural person who buys agricultural products from a farmer and resells the products directly
to the consumer. [2003 c 154 § 1; 2000 c 142 § 2; 1997 c 321
§ 11; 1985 c 226 § 1; 1982 c 85 § 5; 1981 1st ex.s. c 5 § 13;
1937 c 217 § 1 (23B) (adding new section 23-B to 1933 ex.s.
c 62); RRS § 7306-23B.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.24.244
66.24.244 Microbrewery's license—Endorsement for
on-premises consumption—Fees—Determination of status as tavern or beer and/or wine restaurant—Sales at
qualifying farmers markets. (1) There shall be a license for
microbreweries; fee to be one hundred dollars for production
of less than sixty thousand barrels of malt liquor, including
strong beer, per year.
(2) Any microbrewery license under this section may
also act as a distributor and/or retailer for beer and strong
beer of its own production. Strong beer may not be sold at a
farmers market or under any endorsement which may authorize microbreweries to sell beer at farmers markets. Any
microbrewery operating as a distributor and/or retailer under
this subsection shall comply with the applicable laws and
rules relating to distributors and/or retailers.
(3) The board may issue an endorsement to this license
allowing for on-premises consumption of beer, including
strong beer, wine, or both of other manufacture if purchased
from a Washington state-licensed distributor. Each endorsement shall cost two hundred dollars per year, or four hundred
dollars per year allowing the sale and service of both beer and
wine.
(4) The microbrewer obtaining such endorsement must
determine, at the time the endorsement is issued, whether the
licensed premises will be operated either as a tavern with persons under twenty-one years of age not allowed as provided
for in RCW 66.24.330, or as a beer and/or wine restaurant as
described in RCW 66.24.320.
(5)(a) A microbrewery licensed under this section may
apply to the board for an endorsement to sell bottled beer of
its own production at retail for off-premises consumption at a
qualifying farmers market. The annual fee for this endorsement is seventy-five dollars.
(b) For each month during which a microbrewery will
sell beer at a qualifying farmers market, the microbrewery
must provide the board or its designee a list of the dates,
times, and locations at which bottled beer may be offered for
sale. This list must be received by the board before the
microbrewery may offer beer for sale at a qualifying farmers
market.
(c) The beer sold at qualifying farmers markets must be
produced in Washington.
(d) Each approved location in a qualifying farmers market is deemed to be part of the microbrewery license for the
purpose of this title. The approved locations under an
66.24.244
endorsement granted under this subsection (5) do not constitute the tasting or sampling privilege of a microbrewery. The
microbrewery may not store beer at a farmers market beyond
the hours that the microbrewery offers bottled beer for sale.
The microbrewery may not act as a distributor from a farmers
market location.
(e) Before a microbrewery may sell bottled beer at a
qualifying farmers market, the farmers market must apply to
the board for authorization for any microbrewery with an
endorsement approved under this subsection (5) to sell bottled beer at retail at the farmers market. This application shall
include, at a minimum: (i) A map of the farmers market
showing all booths, stalls, or other designated locations at
which an approved microbrewery may sell bottled beer; and
(ii) the name and contact information for the on-site market
managers who may be contacted by the board or its designee
to verify the locations at which bottled beer may be sold.
Before authorizing a qualifying farmers market to allow an
approved microbrewery to sell bottled beer at retail at its
farmers market location, the board shall notify the persons or
entities of the application for authorization pursuant to RCW
66.24.010 (8) and (9). An authorization granted under this
subsection (5)(e) may be withdrawn by the board for any violation of this title or any rules adopted under this title.
(f) The board may adopt rules establishing the application and approval process under this section and any additional rules necessary to implement this section.
(g) For the purposes of this subsection (5):
(i) "Qualifying farmers market" means an entity that
sponsors a regular assembly of vendors at a defined location
for the purpose of promoting the sale of agricultural products
grown or produced in this state directly to the consumer
under conditions that meet the following minimum requirements:
(A) There are at least five participating vendors who are
farmers selling their own agricultural products;
(B) The total combined gross annual sales of vendors
who are farmers exceeds the total combined gross annual
sales of vendors who are processors or resellers;
(C) The total combined gross annual sales of vendors
who are farmers, processors, or resellers exceeds the total
combined gross annual sales of vendors who are not farmers,
processors, or resellers;
(D) The sale of imported items and secondhand items by
any vendor is prohibited; and
(E) No vendor is a franchisee.
(ii) "Farmer" means a natural person who sells, with or
without processing, agricultural products that he or she raises
on land he or she owns or leases in this state or in another
state's county that borders this state.
(iii) "Processor" means a natural person who sells processed food that he or she has personally prepared on land he
or she owns or leases in this state or in another state's county
that borders this state.
(iv) "Reseller" means a natural person who buys agricultural products from a farmer and resells the products directly
to the consumer. [2003 c 167 § 1; 2003 c 154 § 2; 1998 c 126
§ 3; 1997 c 321 § 12.]
Reviser's note: This section was amended by 2003 c 154 § 2 and by
2003 c 167 § 1, each without reference to the other. Both amendments are
[2003 RCW Supp—page 775]
66.24.250
Title 66 RCW: Alcoholic Beverage Control
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 167: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 167 § 14.]
nor shall it certify beer or strong beer which fails to meet
quality standards established by the board.
(6) The license fee shall be one hundred sixty dollars per
year. [2003 c 167 § 3; 1997 c 321 § 14.]
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.250
66.24.250 Beer distributor's license—Fee. There shall
be a license for beer distributors to sell beer and strong beer,
purchased from licensed Washington breweries, beer certificate of approval holders (B5), licensed beer importers, or
suppliers of foreign beer located outside the state of Washington, to licensed beer retailers and other beer distributors
and to export same from the state of Washington; fee six hundred sixty dollars per year for each distributing unit. [2003 c
167 § 2; 1997 c 321 § 13; 1981 1st ex.s. c 5 § 14; 1937 c 217
§ 1 (23E) (adding new section 23-E to 1933 ex.s. c 62); RRS
§ 7306-23E.]
Report to legislature—2003 c 167: "The liquor control board shall
report to the legislature by December 1, 2004, on the impacts of strong beer
sales." [2003 c 167 § 13.]
Effective date—2003 c 167: See note following RCW 66.24.244.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.24.261
66.24.261 Beer importer's license—Principal
office—Report—Labels—Fee. There shall be a license for
beer importers that authorizes the licensee to import beer and
strong beer manufactured within the United States by certificate of approval holders (B5) into the state of Washington.
The licensee may also import beer and strong beer manufactured outside the United States.
(1) Beer and strong beer so imported may be sold to
licensed beer distributors or exported from the state.
(2) Every person, firm, or corporation licensed as a beer
importer shall establish and maintain a principal office within
the state at which shall be kept proper records of all beer and
strong beer imported into the state under this license.
(3) No beer importer's license shall be granted to a nonresident of the state nor to a corporation whose principal
place of business is outside the state until such applicant has
established a principal office and agent within the state upon
which service can be made.
(4) As a requirement for license approval, a beer
importer shall enter into a written agreement with the board
to furnish on or before the twentieth day of each month, a
report under oath, detailing the quantity of beer and strong
beer sold or delivered to each licensed beer distributor. Failure to file such reports may result in the suspension or cancellation of this license.
(5) Beer and strong beer imported under this license
must conform to the provisions of RCW 66.28.120 and have
received label approval from the board. The board shall not
certify beer or strong beer labeled with names which may be
confused with other nonalcoholic beverages whether manufactured or produced from a domestic brewery or imported
[2003 RCW Supp—page 776]
66.24.270
66.24.270 Manufacturer's monthly report to board
of quantity of malt liquor sales or strong beer made to
beer distributors—Certificate of approval and report for
out-of-state or imported beer—Fee. (1) Every person, firm
or corporation, holding a license to manufacture malt liquors
or strong beer within the state of Washington, shall, on or
before the twentieth day of each month, furnish to the Washington state liquor control board, on a form to be prescribed
by the board, a statement showing the quantity of malt liquors
and strong beer sold for resale during the preceding calendar
month to each beer distributor within the state of Washington.
(2) A United States brewery or manufacturer of beer or
strong beer, located outside the state of Washington, must
hold a certificate of approval (B5) to allow sales and shipment of the certificate of approval holder's beer or strong beer
to licensed Washington beer distributors or importers. The
certificate of approval shall not be granted unless and until
such brewer or manufacturer of beer or strong beer shall have
made a written agreement with the board to furnish to the
board, on or before the twentieth day of each month, a report
under oath, on a form to be prescribed by the board, showing
the quantity of beer and strong beer sold or delivered to each
licensed beer distributor or importer during the preceding
month, and shall further have agreed with the board, that such
brewer or manufacturer of beer or strong beer and all general
sales corporations or agencies maintained by them, and all of
their trade representatives, corporations, and agencies, shall
and will faithfully comply with all laws of the state of Washington pertaining to the sale of intoxicating liquors and all
rules and regulations of the Washington state liquor control
board. A violation of the terms of this agreement will cause
the board to take action to suspend or revoke such certificate.
(3) The fee for the certificate of approval, issued pursuant to the provisions of this title, shall be one hundred dollars
per year, which sum shall accompany the application for such
certificate. [2003 c 167 § 4; 1997 c 321 § 15; 1981 1st ex.s.
c 5 § 35; 1973 1st ex.s. c 209 § 14; 1969 ex.s. c 178 § 4; 1937
c 217 § 1 (23F) (adding new section 23-F to 1933 ex.s. c 62);
RRS § 7306-23F. Formerly RCW 66.24.270 and 66.24.280.]
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
66.24.290
66.24.290 Authorized, prohibited sales—Monthly
reports—Added tax—Distribution—Late payment penalty—Additional taxes, purposes. (1) Any microbrewer or
Licenses—Stamp Taxes
domestic brewery or beer distributor licensed under this title
may sell and deliver beer and strong beer to holders of authorized licenses direct, but to no other person, other than the
board; and every such brewery or beer distributor shall report
all sales to the board monthly, pursuant to the regulations,
and shall pay to the board as an added tax for the privilege of
manufacturing and selling the beer and strong beer within the
state a tax of one dollar and thirty cents per barrel of thirtyone gallons on sales to licensees within the state and on sales
to licensees within the state of bottled and canned beer,
including strong beer, shall pay a tax computed in gallons at
the rate of one dollar and thirty cents per barrel of thirty-one
gallons. Any brewery or beer distributor whose applicable
tax payment is not postmarked by the twentieth day following the month of sale will be assessed a penalty at the rate of
two percent per month or fraction thereof. Beer and strong
beer shall be sold by breweries and distributors in sealed barrels or packages. The moneys collected under this subsection
shall be distributed as follows: (a) Three-tenths of a percent
shall be distributed to border areas under RCW 66.08.195;
and (b) of the remaining moneys: (i) Twenty percent shall be
distributed to counties in the same manner as under RCW
66.08.200; and (ii) eighty percent shall be distributed to
incorporated cities and towns in the same manner as under
RCW 66.08.210.
(2) An additional tax is imposed on all beer and strong
beer subject to tax under subsection (1) of this section. The
additional tax is equal to two dollars per barrel of thirty-one
gallons. All revenues collected during any month from this
additional tax shall be deposited in the violence reduction and
drug enforcement account under RCW 69.50.520 by the
twenty-fifth day of the following month.
(3)(a) An additional tax is imposed on all beer and strong
beer subject to tax under subsection (1) of this section. The
additional tax is equal to ninety-six cents per barrel of thirtyone gallons through June 30, 1995, two dollars and thirtynine cents per barrel of thirty-one gallons for the period July
1, 1995, through June 30, 1997, and four dollars and seventyeight cents per barrel of thirty-one gallons thereafter.
(b) The additional tax imposed under this subsection
does not apply to the sale of the first sixty thousand barrels of
beer each year by breweries that are entitled to a reduced rate
of tax under 26 U.S.C. Sec. 5051, as existing on July 1, 1993,
or such subsequent date as may be provided by the board by
rule consistent with the purposes of this exemption.
(c) All revenues collected from the additional tax
imposed under this subsection (3) shall be deposited in the
health services account under RCW 43.72.900.
(4) An additional tax is imposed on all beer and strong
beer that is subject to tax under subsection (1) of this section
that is in the first sixty thousand barrels of beer and strong
beer by breweries that are entitled to a reduced rate of tax
under 26 U.S.C. Sec. 5051, as existing on July 1, 1993, or
such subsequent date as may be provided by the board by rule
consistent with the purposes of the exemption under subsection (3)(b) of this section. The additional tax is equal to one
dollar and forty-eight and two-tenths cents per barrel of
thirty-one gallons. By the twenty-fifth day of the following
month, three percent of the revenues collected from this additional tax shall be distributed to border areas under RCW
66.24.320
66.08.195 and the remaining moneys shall be transferred to
the state general fund.
(5) The board may make refunds for all taxes paid on
beer and strong beer exported from the state for use outside
the state.
(6) The board may require filing with the board of a bond
to be approved by it, in such amount as the board may fix,
securing the payment of the tax. If any licensee fails to pay
the tax when due, the board may forthwith suspend or cancel
his or her license until all taxes are paid. [2003 c 167 § 5;
1999 c 281 § 14. Prior: 1997 c 451 § 1; 1997 c 321 § 16;
1995 c 232 § 4; 1994 sp.s. c 7 § 902 (Referendum Bill No. 43,
approved November 8, 1994); 1993 c 492 § 311; 1989 c 271
§ 502; 1983 2nd ex.s. c 3 § 11; 1982 1st ex.s. c 35 § 24; 1981
1st ex.s. c 5 § 16; 1965 ex.s. c 173 § 30; 1933 ex.s. c 62 § 24;
RRS § 7306-24.]
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1997 c 451: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
[1997 c 451 § 5.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Contingent partial referendum—1994 sp.s. c 7 §§ 901-909: See note
following RCW 66.24.210.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Effective dates—1989 c 271: See note following RCW 66.28.200.
Severability—1989 c 271: See note following RCW 9.94A.510.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—1965 ex.s. c 173: See note following RCW 82.98.030.
Giving away of liquor prohibited—Exceptions: RCW 66.28.040.
66.24.320
66.24.320 Beer and/or wine restaurant license—Containers—Fee—Caterer's endorsement. There shall be a
beer and/or wine restaurant license to sell beer, including
strong beer, or wine, or both, at retail, for consumption on the
premises. A patron of the licensee may remove from the premises, recorked or recapped in its original container, any portion of wine that was purchased for consumption with a meal.
(1) The annual fee shall be two hundred dollars for the
beer license, two hundred dollars for the wine license, or four
hundred dollars for a combination beer and wine license.
(2)(a) The board may issue a caterer's endorsement to
this license to allow the licensee to remove from the liquor
stocks at the licensed premises, only those types of liquor that
are authorized under the on-premises license privileges for
sale and service at event locations at a specified date and
place not currently licensed by the board. If the event is open
to the public, it must be sponsored by a society or organization as defined by RCW 66.24.375. If attendance at the event
is limited to members or invited guests of the sponsoring
[2003 RCW Supp—page 777]
66.24.330
Title 66 RCW: Alcoholic Beverage Control
66.24.360
individual, society, or organization, the requirement that the
sponsor must be a society or organization as defined by RCW
66.24.375 is waived. Cost of the endorsement is three hundred fifty dollars.
(b) The holder of this license with catering endorsement
shall, if requested by the board, notify the board or its designee of the date, time, place, and location of any catered event.
Upon request, the licensee shall provide to the board all necessary or requested information concerning the society or
organization that will be holding the function at which the
endorsed license will be utilized. [2003 c 345 § 1; 2003 c 167
§ 6; 1998 c 126 § 4; 1997 c 321 § 18; 1995 c 232 § 6; 1991 c
42 § 1; 1987 c 458 § 11; 1981 1st ex.s. c 5 § 37; 1977 ex.s. c
9 § 1; 1969 c 117 § 1; 1967 ex.s. c 75 § 2; 1941 c 220 § 1;
1937 c 217 § 1 (23M) (adding new section 23-M to 1933 ex.s.
c 62); Rem. Supp. 1941 § 7306-23M.]
Reviser's note: This section was amended by 2003 c 167 § 6 and by
2003 c 345 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—1987 c 458: See note following RCW 48.21.160.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Effective date—1967 ex.s. c 75: See note following RCW 66.08.180.
66.24.330
66.24.330 Tavern license—Fees. There shall be a beer
and wine retailer's license to be designated as a tavern license
to sell beer, including strong beer, or wine, or both, at retail,
for consumption on the premises. Such licenses may be
issued only to a person operating a tavern that may be frequented only by persons twenty-one years of age and older.
The annual fee for such license shall be two hundred dollars for the beer license, two hundred dollars for the wine
license, or four hundred dollars for a combination beer and
wine license. Licensees who have a fee increase of more than
one hundred dollars as a result of this change shall have their
fees increased fifty percent of the amount the first renewal
year and the remaining amount beginning with the second
renewal period. New licensees obtaining a license after July
1, 1998, shall pay the full amount of four hundred dollars.
[2003 c 167 § 7; 1997 c 321 § 19; 1995 c 232 § 7; 1991 c 42
§ 2; 1987 c 458 § 12; 1981 1st ex.s. c 5 § 38; 1977 ex.s. c 9 §
2; 1973 1st ex.s. c 209 § 15; 1967 ex.s. c 75 § 3; 1941 c 220
§ 2; 1937 c 217 § 1 (23N) (adding new section 23-N to 1933
ex.s. c 62); Rem. Supp. 1941 § 7306-23N.]
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—1987 c 458: See note following RCW 48.21.160.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1967 ex.s. c 75: See note following RCW 66.08.180.
[2003 RCW Supp—page 778]
66.24.360 Grocery store license—Fees—Restricted
license—Determination of public interest—Inventory—
International export endorsement. There shall be a beer
and/or wine retailer's license to be designated as a grocery
store license to sell beer, strong beer, and/or wine at retail in
bottles, cans, and original containers, not to be consumed
upon the premises where sold, at any store other than the state
liquor stores.
(1) Licensees obtaining a written endorsement from the
board may also sell malt liquor in kegs or other containers
capable of holding less than five and one-half gallons of liquid.
(2) The annual fee for the grocery store license is one
hundred fifty dollars for each store.
(3) The board shall issue a restricted grocery store
license authorizing the licensee to sell beer and only table
wine, if the board finds upon issuance or renewal of the
license that the sale of strong beer or fortified wine would be
against the public interest. In determining the public interest,
the board shall consider at least the following factors:
(a) The likelihood that the applicant will sell strong beer
or fortified wine to persons who are intoxicated;
(b) Law enforcement problems in the vicinity of the
applicant's establishment that may arise from persons purchasing strong beer or fortified wine at the establishment; and
(c) Whether the sale of strong beer or fortified wine
would be detrimental to or inconsistent with a governmentoperated or funded alcohol treatment or detoxification program in the area.
If the board receives no evidence or objection that the
sale of strong beer or fortified wine would be against the public interest, it shall issue or renew the license without restriction, as applicable. The burden of establishing that the sale of
strong beer or fortified wine by the licensee would be against
the public interest is on those persons objecting.
(4) Licensees holding a grocery store license must maintain a minimum three thousand dollar inventory of food products for human consumption, not including pop, beer, strong
beer, or wine.
(5) Upon approval by the board, the grocery store licensee may also receive an endorsement to permit the international export of beer, strong beer, and wine.
(a) Any beer, strong beer, or wine sold under this
endorsement must have been purchased from a licensed beer
or wine distributor licensed to do business within the state of
Washington.
(b) Any beer, strong beer, and wine sold under this
endorsement must be intended for consumption outside the
state of Washington and the United States and appropriate
records must be maintained by the licensee.
(c) A holder of this special endorsement to the grocery
store license shall be considered not in violation of RCW
66.28.010.
(d) Any beer, strong beer, or wine sold under this license
must be sold at a price no less than the acquisition price paid
by the holder of the license.
(e) The annual cost of this endorsement is five hundred
dollars and is in addition to the license fees paid by the licensee for a grocery store license. [2003 c 167 § 8; 1997 c 321
§ 22; 1993 c 21 § 1; 1991 c 42 § 4; 1987 c 46 § 1; 1981 1st
Licenses—Stamp Taxes
66.24.420
ex.s. c 5 § 41; 1967 ex.s. c 75 § 6; 1937 c 217 § 1 (23Q) (adding new section 23-Q to 1933 ex.s. c 62); RRS § 7306-23Q.]
Application to certain retailers—2003 c 167 §§ 8 and 9: See note following RCW 66.24.360.
Application to certain retailers—2003 c 167 §§ 8 and 9: "Sections 8
and 9 of this act apply to retailers who hold a restricted grocery store license
or restricted beer and/or wine specialty shop license on or after July 1, 2003."
[2003 c 167 § 12.]
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1997 c 321: See note following RCW 66.24.010.
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Effective date—1967 ex.s. c 75: See note following RCW 66.08.180.
Employees under eighteen allowed to handle beer or wine: RCW 66.44.340.
66.24.420
66.24.420 Liquor by the drink, spirits, beer, and wine
restaurant license—Schedule of fees—Location—Number of licenses—Caterer's endorsement. (1) The spirits,
beer, and wine restaurant license shall be issued in accordance with the following schedule of annual fees:
(a) The annual fee for a spirits, beer, and wine restaurant
license shall be graduated according to the dedicated dining
area and type of service provided as follows:
66.24.371
66.24.371 Beer and/or wine specialty shop license—
Fee—Samples—Restricted license—Determination of
public interest—Inventory. (1) There shall be a beer and/or
wine retailer's license to be designated as a beer and/or wine
specialty shop license to sell beer, strong beer, and/or wine at
retail in bottles, cans, and original containers, not to be consumed upon the premises where sold, at any store other than
the state liquor stores. Licensees obtaining a written endorsement from the board may also sell malt liquor in kegs or other
containers capable of holding less than five and one-half gallons of liquid. The annual fee for the beer and/or wine specialty shop license is one hundred dollars for each store.
(2) Licensees under this section may provide, free or for
a charge, single-serving samples of two ounces or less to customers for the purpose of sales promotion. Sampling activities of licensees under this section are subject to RCW
66.28.010 and 66.28.040 and the cost of sampling under this
section may not be borne, directly or indirectly, by any manufacturer, importer, or distributor of liquor.
(3) The board shall issue a restricted beer and/or wine
specialty shop license, authorizing the licensee to sell beer
and only table wine, if the board finds upon issuance or
renewal of the license that the sale of strong beer or fortified
wine would be against the public interest. In determining the
public interest, the board shall consider at least the following
factors:
(a) The likelihood that the applicant will sell strong beer
or fortified wine to persons who are intoxicated;
(b) Law enforcement problems in the vicinity of the
applicant's establishment that may arise from persons purchasing strong beer or fortified wine at the establishment; and
(c) Whether the sale of strong beer or fortified wine
would be detrimental to or inconsistent with a governmentoperated or funded alcohol treatment or detoxification program in the area.
If the board receives no evidence or objection that the
sale of strong beer or fortified wine would be against the public interest, it shall issue or renew the license without restriction, as applicable. The burden of establishing that the sale of
strong beer or fortified wine by the licensee would be against
the public interest is on those persons objecting.
(4) Licensees holding a beer and/or wine specialty shop
license must maintain a minimum three thousand dollar
wholesale inventory of beer, strong beer, and/or wine. [2003
c 167 § 9; 1997 c 321 § 23.]
Less than 50% dedicated dining area
50% or more dedicated dining area
Service bar only
$2,000
$1,600
$1,000
(b) The annual fee for the license when issued to any
other spirits, beer, and wine restaurant licensee outside of
incorporated cities and towns shall be prorated according to
the calendar quarters, or portion thereof, during which the licensee is open for business, except in case of suspension or
revocation of the license.
(c) Where the license shall be issued to any corporation,
association or person operating a bona fide restaurant in an
airport terminal facility providing service to transient passengers with more than one place where liquor is to be dispensed
and sold, such license shall be issued upon the payment of the
annual fee, which shall be a master license and shall permit
such sale within and from one such place. Such license may
be extended to additional places on the premises at the discretion of the board and a duplicate license may be issued for
each such additional place: PROVIDED, That the holder of
a master license for a restaurant in an airport terminal facility
shall be required to maintain in a substantial manner at least
one place on the premises for preparing, cooking, and serving
of complete meals, and such food service shall be available
on request in other licensed places on the premises: PROVIDED, FURTHER, That an additional license fee of
twenty-five percent of the annual master license fee shall be
required for such duplicate licenses.
(d) Where the license shall be issued to any corporation,
association, or person operating dining places at a publicly or
privately owned civic or convention center with facilities for
sports, entertainment, or conventions, or a combination
thereof, with more than one place where liquor is to be dispensed and sold, such license shall be issued upon the payment of the annual fee, which shall be a master license and
shall permit such sale within and from one such place. Such
license may be extended to additional places on the premises
at the discretion of the board and a duplicate license may be
issued for each such additional place: PROVIDED, That the
holder of a master license for a dining place at such a publicly
or privately owned civic or convention center shall be
required to maintain in a substantial manner at least one place
on the premises for preparing, cooking, and serving of complete meals, and food service shall be available on request in
other licensed places on the premises: PROVIDED FUR[2003 RCW Supp—page 779]
66.24.452
Title 66 RCW: Alcoholic Beverage Control
THER, That an additional license fee of ten dollars shall be
required for such duplicate licenses.
(e) Where the license shall be issued to any corporation,
association or person operating more than one building containing dining places at privately owned facilities which are
open to the public and where there is a continuity of ownership of all adjacent property, such license shall be issued
upon the payment of an annual fee which shall be a master
license and shall permit such sale within and from one such
place. Such license may be extended to the additional dining
places on the property or, in the case of a spirits, beer, and
wine restaurant licensed hotel, property owned or controlled
by leasehold interest by that hotel for use as a conference or
convention center or banquet facility open to the general public for special events in the same metropolitan area, at the discretion of the board and a duplicate license may be issued for
each additional place: PROVIDED, That the holder of the
master license for the dining place shall not offer alcoholic
beverages for sale, service, and consumption at the additional
place unless food service is available at both the location of
the master license and the duplicate license: PROVIDED
FURTHER, That an additional license fee of twenty dollars
shall be required for such duplicate licenses.
(2) The board, so far as in its judgment is reasonably possible, shall confine spirits, beer, and wine restaurant licenses
to the business districts of cities and towns and other communities, and not grant such licenses in residential districts, nor
within the immediate vicinity of schools, without being limited in the administration of this subsection to any specific
distance requirements.
(3) The board shall have discretion to issue spirits, beer,
and wine restaurant licenses outside of cities and towns in the
state of Washington. The purpose of this subsection is to
enable the board, in its discretion, to license in areas outside
of cities and towns and other communities, establishments
which are operated and maintained primarily for the benefit
of tourists, vacationers and travelers, and also golf and country clubs, and common carriers operating dining, club and
buffet cars, or boats.
(4) The total number of spirits, beer, and wine restaurant
licenses issued in the state of Washington by the board, not
including spirits, beer, and wine private club licenses, shall
not in the aggregate at any time exceed one license for each
fifteen hundred of population in the state, determined according to the yearly population determination developed by the
office of financial management pursuant to RCW 43.62.030.
(5) Notwithstanding the provisions of subsection (4) of
this section, the board shall refuse a spirits, beer, and wine
restaurant license to any applicant if in the opinion of the
board the spirits, beer, and wine restaurant licenses already
granted for the particular locality are adequate for the reasonable needs of the community.
(6)(a) The board may issue a caterer's endorsement to
this license to allow the licensee to remove the liquor stocks
at the licensed premises, for use as liquor for sale and service
at event locations at a specified date and place not currently
licensed by the board. If the event is open to the public, it
must be sponsored by a society or organization as defined by
RCW 66.24.375. If attendance at the event is limited to
members or invited guests of the sponsoring individual, society, or organization, the requirement that the sponsor must be
[2003 RCW Supp—page 780]
a society or organization as defined by RCW 66.24.375 is
waived. Cost of the endorsement is three hundred fifty dollars.
(b) The holder of this license with catering endorsement
shall, if requested by the board, notify the board or its designee of the date, time, place, and location of any catered event.
Upon request, the licensee shall provide to the board all necessary or requested information concerning the society or
organization that will be holding the function at which the
endorsed license will be utilized. [2003 c 345 § 2; 1998 c 126
§ 6; 1997 c 321 § 27; 1996 c 218 § 4; 1995 c 55 § 1; 1981 1st
ex.s. c 5 § 45; 1979 c 87 § 1; 1977 ex.s. c 219 § 4; 1975 1st
ex.s. c 245 § 1; 1971 ex.s. c 208 § 2; 1970 ex.s. c 13 § 2.
Prior: 1969 ex.s. c 178 § 6; 1969 ex.s. c 136 § 1; 1965 ex.s. c
143 § 3; 1949 c 5 § 3 (adding new section 23-S-3 to 1933
ex.s. c 62); Rem. Supp. 1949 § 7306-23S-3.]
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—1949 c 5: See RCW 66.98.080.
66.24.452
66.24.452 Private club beer and wine license—Fee.
(1) There shall be a beer and wine license to be issued to a private club for sale of beer, strong beer, and wine for on-premises consumption.
(2) Beer, strong beer, and wine sold by the licensee may
be on tap or by open bottles or cans.
(3) The fee for the private club beer and wine license is
one hundred eighty dollars per year.
(4) The board may issue an endorsement to the private
club beer and wine license that allows the holder of a private
club beer and wine license to sell for off-premises consumption wine vinted and bottled in the state of Washington and
carrying a label exclusive to the license holder selling the
wine. Spirits, strong beer, and beer may not be sold for offpremises consumption under this section. The annual fee for
the endorsement under this section is one hundred twenty
dollars. [2003 c 167 § 10; 2001 c 199 § 2; 1997 c 321 § 31.]
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.570
66.24.570 Sports/entertainment facility license—
Fee—Caterer's endorsement. (1) There is a license for
sports entertainment facilities to be designated as a
sports/entertainment facility license to sell beer, wine, and
spirits at retail, for consumption upon the premises only, the
license to be issued to the entity providing food and beverage
service at a sports entertainment facility as defined in this
section. The cost of the license is two thousand five hundred
dollars per annum.
(2) For purposes of this section, a sports entertainment
facility includes a publicly or privately owned arena, coliseum, stadium, or facility where sporting events are presented for a price of admission. The facility does not have to
be exclusively used for sporting events.
(3) The board may impose reasonable requirements upon
a licensee under this section, such as requirements for the
Miscellaneous Regulatory Provisions
availability of food and victuals including but not limited to
hamburgers, sandwiches, salads, or other snack food. The
board may also restrict the type of events at a sports entertainment facility at which beer, wine, and spirits may be served.
When imposing conditions for a licensee, the board must
consider the seating accommodations, eating facilities, and
circulation patterns in such a facility, and other amenities
available at a sports entertainment facility.
(4)(a) The board may issue a caterer's endorsement to the
license under this section to allow the licensee to remove
from the liquor stocks at the licensed premises, for use as
liquor for sale and service at event locations at a specified
date and place not currently licensed by the board. If the
event is open to the public, it must be sponsored by a society
or organization as defined by RCW 66.24.375. If attendance
at the event is limited to members or invited guests of the
sponsoring individual, society, or organization, the requirement that the sponsor must be a society or organization as
defined by RCW 66.24.375 is waived. Cost of the endorsement is three hundred fifty dollars.
(b) The holder of this license with catering endorsement
shall, if requested by the board, notify the board or its designee of the date, time, place, and location of any catered event.
Upon request, the licensee shall provide to the board all necessary or requested information concerning the society or
organization that will be holding the function at which the
endorsed license will be utilized.
(5) The board may issue an endorsement to the beer,
wine, and spirits sports/entertainment facility license that
allows the holder of a beer, wine, and spirits sports/entertainment facility license to sell for off-premises consumption
wine vinted and bottled in the state of Washington and carrying a label exclusive to the license holder selling the wine.
Spirits and beer may not be sold for off-premises consumption under this section. The annual fee for the endorsement
under this section is one hundred twenty dollars. [2003 c 345
§ 3; 2001 c 199 § 5; 1997 c 321 § 36; 1996 c 218 § 1.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Chapter 66.28 RCW
MISCELLANEOUS REGULATORY PROVISIONS
Chapter 66.28
Sections
66.28.190
66.28.200
66.28.210
66.28.220
66.28.250
66.28.260
66.28.190
Sales of nonliquor food and food ingredients. (Effective January 1, 2004.)
Keg registration—Special endorsement for grocery store licensee—Requirements of seller. (Effective July 1, 2004.)
Keg registration—Requirements of purchaser. (Effective July
1, 2004.)
Keg registration—Identification of containers—Rules—
Fees—Sale in violation of rules unlawful. (Effective July 1,
2004.)
Repealed. (Effective July 1, 2004.)
Beer distributors—Restricted transactions.
66.28.190 Sales of nonliquor food and food ingredients. (Effective January 1, 2004.) RCW 66.28.010 notwithstanding, persons licensed under RCW 66.24.200 as wine
distributors and persons licensed under RCW 66.24.250 as
beer distributors may sell at wholesale nonliquor food and
food ingredients on thirty-day credit terms to persons
licensed as retailers under this title, but complete and separate
accounting records shall be maintained on all sales of nonli-
66.28.200
quor food and food ingredients to ensure that such persons
are in compliance with RCW 66.28.010.
For the purpose of this section, "nonliquor food and food
ingredients" includes all food and food ingredients for human
consumption as defined in RCW 82.08.0293 as it exists on
July 1, 2004. [2003 c 168 § 305; 1997 c 321 § 52; 1988 c 50
§ 1.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.28.200
66.28.200 Keg registration—Special endorsement
for grocery store licensee—Requirements of seller.
(Effective July 1, 2004.) (1) Licensees holding a beer and/or
wine restaurant or a tavern license in combination with an
off-premises beer and wine retailer's license may sell malt
liquor in kegs or other containers capable of holding four gallons or more of liquid. Under a special endorsement from the
board, a grocery store licensee may sell malt liquor in containers no larger than five and one-half gallons. The sale of
any container holding four gallons or more must comply with
the provisions of this section and RCW 66.28.210 through
66.28.240.
(2) Any person who sells or offers for sale the contents of
kegs or other containers containing four gallons or more of
malt liquor, or leases kegs or other containers that will hold
four gallons of malt liquor, to consumers who are not
licensed under chapter 66.24 RCW shall do the following for
any transaction involving the container:
(a) Require the purchaser of the malt liquor to sign a declaration and receipt for the keg or other container or beverage
in substantially the form provided in RCW 66.28.220;
(b) Require the purchaser to provide one piece of identification pursuant to RCW 66.16.040;
(c) Require the purchaser to sign a sworn statement,
under penalty of perjury, that:
(i) The purchaser is of legal age to purchase, possess, or
use malt liquor;
(ii) The purchaser will not allow any person under the
age of twenty-one years to consume the beverage except as
provided by RCW 66.44.270;
(iii) The purchaser will not remove, obliterate, or allow
to be removed or obliterated, the identification required under
RCW 66.28.220 to be affixed to the container;
(d) Require the purchaser to state the particular address
where the malt liquor will be consumed, or the particular
address where the keg or other container will be physically
located; and
(e) Require the purchaser to maintain a copy of the declaration and receipt next to or adjacent to the keg or other
container, in no event a distance greater than five feet, and
visible without a physical barrier from the keg, during the
time that the keg or other container is in the purchaser's possession or control.
(3) A violation of this section is a gross misdemeanor.
[2003 c 53 § 296; 1998 c 126 § 13; 1997 c 321 § 38; 1993 c
21 § 2; 1989 c 271 § 229.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
[2003 RCW Supp—page 781]
66.28.210
Title 66 RCW: Alcoholic Beverage Control
Effective dates—1989 c 271: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately, except:
(1) Sections 502 and 504 of this act shall take effect June 1, 1989; and
(2) Sections 229 through 233, 501, 503, and 505 through 509 of this act
shall take effect July 1, 1989." [1989 c 271 § 607.]
Severability—1989 c 271: See note following RCW 9.94A.510.
66.24 RCW if the kegs or containers are not identified in
compliance with rules adopted by the board.
(4) A violation of this section is a gross misdemeanor.
[2003 c 53 § 298; 1999 c 281 § 7; 1993 c 21 § 3; 1989 c 271
§ 231.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective dates—1989 c 271: See note following RCW 66.28.200.
66.28.210
66.28.210 Keg registration—Requirements of purchaser. (Effective July 1, 2004.) (1) Any person who purchases the contents of kegs or other containers containing
four gallons or more of malt liquor, or purchases or leases the
container shall:
(a) Sign a declaration and receipt for the keg or other
container or beverage in substantially the form provided in
RCW 66.28.220;
(b) Provide one piece of identification pursuant to RCW
66.16.040;
(c) Be of legal age to purchase, possess, or use malt
liquor;
(d) Not allow any person under the age of twenty-one to
consume the beverage except as provided by RCW
66.44.270;
(e) Not remove, obliterate, or allow to be removed or
obliterated, the identification required under rules adopted by
the board;
(f) Not move, keep, or store the keg or its contents,
except for transporting to and from the distributor, at any
place other than that particular address declared on the receipt
and declaration; and
(g) Maintain a copy of the declaration and receipt next to
or adjacent to the keg or other container, in no event a distance greater than five feet, and visible without a physical
barrier from the keg, during the time that the keg or other
container is in the purchaser's possession or control.
(2) A violation of this section is a gross misdemeanor.
[2003 c 53 § 297; 1989 c 271 § 230.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective dates—1989 c 271: See note following RCW 66.28.200.
Severability—1989 c 271: See note following RCW 9.94A.510.
66.28.220
66.28.220 Keg registration—Identification of containers—Rules—Fees—Sale in violation of rules unlawful. (Effective July 1, 2004.) (1) The board shall adopt rules
requiring retail licensees to affix appropriate identification on
all containers of four gallons or more of malt liquor for the
purpose of tracing the purchasers of such containers. The
rules may provide for identification to be done on a statewide
basis or on the basis of smaller geographical areas.
(2) The board shall develop and make available forms
for the declaration and receipt required by RCW 66.28.200.
The board may charge grocery store licensees for the costs of
providing the forms and that money collected for the forms
shall be deposited into the liquor revolving fund for use by
the board, without further appropriation, to continue to
administer the cost of the keg registration program.
(3) It is unlawful for any person to sell or offer for sale
kegs or other containers containing four gallons or more of
malt liquor to consumers who are not licensed under chapter
[2003 RCW Supp—page 782]
Severability—1989 c 271: See note following RCW 9.94A.510.
66.28.250
66.28.250 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
66.28.260
66.28.260 Beer distributors—Restricted transactions. Licensed beer distributors may not buy or sell beer, for
purposes of distribution, at farmers market locations authorized by the board pursuant to chapter 154, Laws of 2003.
[2003 c 154 § 3.]
Chapter 66.44
Chapter 66.44 RCW
ENFORCEMENT—PENALTIES
Sections
66.44.120
66.44.180
66.44.190
66.44.193
66.44.290
66.44.291
Unlawful use of seal. (Effective July 1, 2004.)
General penalties—Jurisdiction for violations. (Effective July
1, 2004.)
Repealed.
Sales on university or college campus.
Minor purchasing or attempting to purchase liquor—Penalty.
(Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
66.44.120
66.44.120 Unlawful use of seal. (Effective July 1,
2004.) (1) No person other than an employee of the board
shall keep or have in his or her possession any official seal
prescribed under this title, unless the same is attached to a
package which has been purchased from a vendor or store
employee; nor shall any person keep or have in his or her possession any design in imitation of any official seal prescribed
under this title, or calculated to deceive by its resemblance
thereto, or any paper upon which any design in imitation
thereof, or calculated to deceive as aforesaid, is stamped,
engraved, lithographed, printed, or otherwise marked.
(2)(a) Except as provided in (b) of this subsection, every
person who willfully violates this section is guilty of a gross
misdemeanor and shall be liable on conviction thereof for a
first offense to imprisonment in the county jail for a period of
not less than three months nor more than six months, without
the option of the payment of a fine, and for a second offense,
to imprisonment in the county jail for not less than six months
nor more than one year, without the option of the payment of
a fine.
(b) A third or subsequent offense is a class C felony,
punishable by imprisonment in a state correctional facility for
not less than one year nor more than two years. [2003 c 53 §
299; 1992 c 7 § 42; 1933 ex.s. c 62 § 47; RRS § 7306-47.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
66.44.180
66.44.180 General penalties—Jurisdiction for violations. (Effective July 1, 2004.) (1) Every person guilty of a
Sports and Recreation—Convention Facilities
violation of this title for which no penalty has been specifically provided:
(a) For a first offense, is guilty of a misdemeanor punishable by a fine of not more than five hundred dollars, or by
imprisonment for not more than two months, or both;
(b) For a second offense, is guilty of a gross misdemeanor punishable by imprisonment for not more than six
months; and
(c) For a third or subsequent offense, is guilty of a gross
misdemeanor punishable by imprisonment for not more than
one year.
(2) If the offender convicted of an offense referred to in
this section is a corporation, it shall for a first offense be liable to a penalty of not more than five thousand dollars, and
for a second or subsequent offense to a penalty of not more
than ten thousand dollars, or to forfeiture of its corporate
license, or both.
(3) Every district judge and municipal judge shall have
concurrent jurisdiction with superior court judges of the state
of Washington of all violations of the provisions of this title
and may impose any punishment provided therefor. [2003 c
53 § 300; 1987 c 202 § 225; 1981 1st ex.s. c 5 § 22; 1935 c
174 § 16; 1933 ex.s. c 62 § 93; RRS § 7306-93.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Intent—1987 c 202: See note following RCW 2.04.190.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.44.190
66.44.190 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
comply with company policies regarding the sale of alcohol
during an in-house controlled purchase program authorized
under this section.
(4) Every person between the ages of eighteen and
twenty, inclusive, who is convicted of a violation of this section is guilty of a misdemeanor punishable as provided by
RCW 9A.20.021, except that a minimum fine of two hundred
fifty dollars shall be imposed and any sentence requiring
community restitution shall require not fewer than twentyfive hours of community restitution. [2003 c 53 § 301; 2001
c 295 § 1; 1965 c 49 § 1; 1955 c 70 § 4. Prior: 1935 c 174 §
6(1); 1933 ex.s. c 62 § 37(1); RRS § 7306-37(1).]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
66.44.291
66.44.291 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Title 67
Title 67
SPORTS AND RECREATION—
CONVENTION FACILITIES
Chapters
67.16 Horse racing.
67.24 Fraud in sporting contest.
67.40 Convention and trade facilities.
67.70 State lottery.
Chapter 67.16
66.44.193
66.44.193 Sales on university or college campus. If an
institution of higher education chooses to allow the sale of
alcoholic beverages on campus, the legislature encourages
the institution to feature products produced in the state of
Washington. [2003 c 51 § 2.]
67.16.105
Chapter 67.16 RCW
HORSE RACING
Sections
67.16.105
Gross receipts—Commission's percentage—Distributions.
(Effective January 1, 2004.)
67.16.105
66.44.290
66.44.290 Minor purchasing or attempting to purchase liquor—Penalty. (Effective July 1, 2004.) (1) Every
person under the age of twenty-one years who purchases or
attempts to purchase liquor shall be guilty of a violation of
this title. This section does not apply to persons between the
ages of eighteen and twenty-one years who are participating
in a controlled purchase program authorized by the liquor
control board under rules adopted by the board. Violations
occurring under a private, controlled purchase program
authorized by the liquor control board may not be used for
criminal or administrative prosecution.
(2) An employer who conducts an in-house controlled
purchase program authorized under this section shall provide
his or her employees a written description of the employer's
in-house controlled purchase program. The written description must include notice of actions an employer may take as a
consequence of an employee's failure to comply with company policies regarding the sale of alcohol during an in-house
controlled purchase.
(3) An in-house controlled purchase program authorized
under this section shall be for the purposes of employee training and employer self-compliance checks. An employer may
not terminate an employee solely for a first-time failure to
67.16.105 Gross receipts—Commission's percentage—Distributions. (Effective January 1, 2004.) (1) Licensees of race meets that are nonprofit in nature and are of ten
days or less shall be exempt from payment of a parimutuel
tax.
(2) Licensees that do not fall under subsection (1) of this
section shall withhold and pay to the commission daily for
each authorized day of parimutuel wagering the following
applicable percentage of all daily gross receipts from its instate parimutuel machines:
(a) If the gross receipts of all its in-state parimutuel
machines are more than fifty million dollars in the previous
calendar year, the licensee shall withhold and pay to the commission daily 1.30 percent of the daily gross receipts; and
(b) If the gross receipts of all its in-state parimutuel
machines are fifty million dollars or less in the previous calendar year, the licensee shall withhold and pay to the commission daily 1.803 percent of the daily gross receipts.
(3) In addition to those amounts in subsection (2) of this
section, a licensee shall forward one-tenth of one percent of
the daily gross receipts of all its in-state parimutuel machines
to the commission for payment to those nonprofit race meets
as set forth in RCW 67.16.130 and subsection (1) of this section, but said percentage shall not be charged against the lic[2003 RCW Supp—page 783]
Chapter 67.24
Title 67 RCW: Sports and Recreation—Convention Facilities
ensee. Payments to nonprofit race meets under this subsection shall be distributed on a pro rata per-race-day basis and
used only for purses at race tracks that have been operating
under RCW 67.16.130 and subsection (1) of this section for
the five consecutive years immediately preceding the year of
payment. The commission shall transfer funds generated
under subsection (2) of this section equal to the difference
between funds collected under this subsection (3) in a calendar year and three hundred thousand dollars, and distribute
that amount under this subsection (3).
(4) Beginning July 1, 1999, at the conclusion of each
authorized race meet, the commission shall calculate the
mathematical average daily gross receipts of parimutuel
wagering that is conducted only at the physical location of the
live race meet at those race meets of licensees with gross
receipts of all their in-state parimutuel machines of more than
fifty million dollars. Such calculation shall include only the
gross parimutuel receipts from wagering occurring on live
racing dates, including live racing receipts and receipts
derived from one simulcast race card that is conducted only at
the physical location of the live racing meet, which, for the
purposes of this subsection, is "the handle." If the calculation
exceeds eight hundred eighty-six thousand dollars, the licensee shall within ten days of receipt of written notification
by the commission forward to the commission a sum equal to
the product obtained by multiplying 0.6 percent by the handle. Sums collected by the commission under this subsection
shall be forwarded on the next business day following receipt
thereof to the state treasurer to be deposited in the fair fund
created in RCW 15.76.115. [2003 1st sp.s. c 27 § 1; 1998 c
345 § 6; 1997 c 87 § 3; 1995 c 173 § 2; 1994 c 159 § 2; 1993
c 170 § 2; 1991 c 270 § 6; 1987 c 347 § 4; 1985 c 146 § 7;
1982 c 32 § 3; 1979 c 31 § 6.]
Effective date—2003 1st sp.s. c 27: "This act takes effect January 1,
2004." [2003 1st sp.s. c 27 § 2.]
Severability—Effective date—Contingent effective date—1998 c
345: See notes following RCW 15.04.090.
Findings—Purpose—Report by joint legislative audit and review
committee—Severability—Effective date—1997 c 87: See notes following RCW 67.16.200.
Intent—1995 c 173: "It is the intent of the legislature that one-half of
the money being paid into the Washington thoroughbred racing fund continue to be directed to enhanced purses, and that one-half of the money being
paid into the fund continue to be deposited into an escrow or trust account
and used for the construction of a new thoroughbred racing facility in western Washington." [1995 c 173 § 1.]
Effective date—1995 c 173: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 1, 1995]." [1995 c 173 § 3.]
Intent—1994 c 159: "It is the intent of the legislature to terminate payments into the Washington thoroughbred racing fund from licensees of nonprofit race meets from March 30, 1994, until June 1, 1995, and to provide
that one-half of moneys that otherwise would have been paid into the fund be
directed to enhanced purses and one-half of moneys be deposited in an
escrow or trust account and used solely for construction of a new thoroughbred race track facility in western Washington." [1994 c 159 § 1.]
Effective date—1994 c 159: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 30, 1994]." [1994 c 159 § 4.]
Intent—1993 c 170: "It is the intent of the legislature that one-half of
those moneys that would otherwise have been paid into the Washington thoroughbred racing fund be retained for the purpose of enhancing purses,
excluding stakes purses, until that time as a permanent thoroughbred racing
[2003 RCW Supp—page 784]
facility is built and operating in western Washington. It is recognized by the
Washington legislature that the enhancement in purses provided in this legislation will not directly benefit all race tracks in Washington. It is the legislature's intent that the horse racing commission work with the horse racing
community to ensure that this opportunity for increased purses will not inadvertently injure horse racing at tracks not directly benefiting from this legislation." [1993 c 170 § 1.]
Effective date—1993 c 170: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 30, 1993]." [1993 c 170 § 3.]
Severability—1985 c 146: See note following RCW 67.16.010.
Severability—1982 c 32: See note following RCW 67.16.020.
Chapter 67.24
Chapter 67.24 RCW
FRAUD IN SPORTING CONTEST
Sections
67.24.010
Commission of—Felony. (Effective July 1, 2004.)
67.24.010
67.24.010 Commission of—Felony. (Effective July 1,
2004.) Every person who shall give, offer, receive, or promise, directly or indirectly, any compensation, gratuity, or
reward, or make any promise thereof, or who shall fraudulently commit any act by trick, device, or bunco, or any
means whatsoever with intent to influence or change the outcome of any sporting contest between people or between animals, is guilty of a class B felony and shall be punished by
imprisonment in a state correctional facility for not less than
five years. [2003 c 53 § 302; 1992 c 7 § 43; 1945 c 107 § 1;
1941 c 181 § 1; Rem. Supp. 1945 § 2499-1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 67.40
Chapter 67.40 RCW
CONVENTION AND TRADE FACILITIES
Sections
67.40.040
67.40.040
Deposit of proceeds in state convention and trade center
account and appropriate subaccounts—Credit against future
borrowings—Use.
67.40.040 Deposit of proceeds in state convention and
trade center account and appropriate subaccounts—
Credit against future borrowings—Use. (1) The proceeds
from the sale of the bonds authorized in RCW 67.40.030,
proceeds of the taxes imposed under RCW 67.40.090 and
67.40.130, and all other moneys received by the state convention and trade center from any public or private source which
are intended to fund the acquisition, design, construction,
expansion, exterior cleanup and repair of the Eagles building,
conversion of various retail and other space to meeting
rooms, purchase of the land and building known as the
McKay Parcel, development of low-income housing, or renovation of the center, and those expenditures authorized
under RCW 67.40.170 shall be deposited in the state convention and trade center account hereby created in the state treasury and in such subaccounts as are deemed appropriate by
the directors of the corporation.
(2) Moneys in the account, including unanticipated revenues under RCW 43.79.270, shall be used exclusively for the
following purposes in the following priority:
State Lottery
(a) For reimbursement of the state general fund under
RCW 67.40.060;
(b) After appropriation by statute:
(i) For payment of expenses incurred in the issuance and
sale of the bonds issued under RCW 67.40.030;
(ii) For expenditures authorized in RCW 67.40.170;
(iii) For acquisition, design, and construction of the state
convention and trade center; and
(iv) For reimbursement of any expenditures from the
state general fund in support of the state convention and trade
center; and
(c) For transfer to the state convention and trade center
operations account.
(3) The corporation shall identify with specificity those
facilities of the state convention and trade center that are to be
financed with proceeds of general obligation bonds, the interest on which is intended to be excluded from gross income
for federal income tax purposes. The corporation shall not
permit the extent or manner of private business use of those
bond-financed facilities to be inconsistent with treatment of
such bonds as governmental bonds under applicable provisions of the Internal Revenue Code of 1986, as amended.
(4) In order to ensure consistent treatment of bonds
authorized under RCW 67.40.030 with applicable provisions
of the Internal Revenue Code of 1986, as amended, and notwithstanding RCW 43.84.092, investment earnings on bond
proceeds deposited in the state convention and trade center
account in the state treasury shall be retained in the account,
and shall be expended by the corporation for the purposes
authorized under chapter 386, Laws of 1995 and in a manner
consistent with applicable provisions of the Internal Revenue
Code of 1986, as amended.
(5) During the 2003-2005 fiscal biennium, the legislature
may transfer from the state convention and trade center
account to the state general fund such amounts as reflect the
excess fund balance of the account. [2003 1st sp.s. c 25 §
929; 1995 c 386 § 13; 1991 sp.s. c 13 § 11; 1990 c 181 § 2;
1988 ex.s. c 1 § 4; 1987 1st ex.s. c 8 § 4; 1985 c 57 § 66; 1983
2nd ex.s. c 1 § 4; 1982 c 34 § 4.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—1995 c 386: See notes following RCW
67.40.130.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Severability—1987 1st ex.s. c 8: See note following RCW 67.40.020.
Chapter 68.28
this shall not be deemed to prohibit the purchase of a ticket or
share for the purpose of making a gift by a person eighteen
years of age or older to a person less than that age.
(2) Any licensee who knowingly sells or offers to sell a
lottery ticket or share to any person under the age of eighteen
is guilty of a misdemeanor.
(3) In the event that a person under the age of eighteen
years directly purchases a ticket in violation of this section,
that person is guilty of a misdemeanor. No prize will be paid
to such person and the prize money otherwise payable on the
ticket will be treated as unclaimed pursuant to RCW
67.70.190. [2003 c 53 § 303; 1987 c 511 § 6; 1982 2nd ex.s.
c 7 § 12.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
67.70.130
67.70.130 Prohibited acts—Penalty. (Effective July
1, 2004.) (1) A person shall not alter or forge a lottery ticket.
A person shall not claim a lottery prize or share of a lottery
prize by means of fraud, deceit, or misrepresentation. A person shall not conspire, aid, abet, or agree to aid another person or persons to claim a lottery prize or share of a lottery
prize by means of fraud, deceit, or misrepresentation.
(2) A violation of this section is a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 304;
1982 2nd ex.s. c 7 § 13.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
67.70.140
67.70.140 Penalty for unlicensed activity. (Effective
July 1, 2004.) (1) Any person who conducts any activity for
which a license is required by this chapter, or by rule of the
commission, without the required license, is guilty of a class
B felony punishable according to chapter 9A.20 RCW.
(2) If any corporation conducts any activity for which a
license is required by this chapter, or by rule of the commission, without the required license, it may be punished by forfeiture of its corporate charter, in addition to the other penalties set forth in this section. [2003 c 53 § 305; 1982 2nd ex.s.
c 7 § 14.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
67.70.350
67.70.350 Recodified as RCW 43.20A.890. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Effective date—1985 c 57: See note following RCW 18.04.105.
Title 68
Title 68
Chapter 67.70
Chapter 67.70 RCW
STATE LOTTERY
CEMETERIES, MORGUES, AND
HUMAN REMAINS
Sections
67.70.120
67.70.130
67.70.140
67.70.350
Sale to minor prohibited—Exception—Penalties. (Effective
July 1, 2004.)
Prohibited acts—Penalty. (Effective July 1, 2004.)
Penalty for unlicensed activity. (Effective July 1, 2004.)
Recodified as RCW 43.20A.890.
Pathological gambling treatment: RCW 43.20A.890.
Chapters
68.28 Mausoleums and columbariums.
68.50 Human remains.
68.56 Penal and miscellaneous provisions.
Chapter 68.28 RCW
MAUSOLEUMS AND COLUMBARIUMS
Chapter 68.28
67.70.120
67.70.120 Sale to minor prohibited—Exception—
Penalties. (Effective July 1, 2004.) (1) A ticket or share
shall not be sold to any person under the age of eighteen, but
Sections
[2003 RCW Supp—page 785]
68.28.060
68.28.060
Title 68 RCW: Cemeteries, Morgues, and Human Remains
Improper construction a nuisance—Penalty. (Effective July 1,
2004.)
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
68.28.060
68.28.060 Improper construction a nuisance—Penalty. (Effective July 1, 2004.) Every owner or operator of a
mausoleum or columbarium erected in violation of *this act
is guilty of maintaining a public nuisance, a gross misdemeanor, and upon conviction is punishable by a fine of not
less than five hundred dollars nor more than five thousand
dollars or by imprisonment in a county jail for not less than
one month nor more than six months, or by both; and, in addition is liable for all costs, expenses, and disbursements paid
or incurred in prosecuting the case. [2003 c 53 § 306; 1943 c
247 § 140; Rem. Supp. 1943 § 3778-140.]
*Reviser's note: For "this act," see note following RCW 68.04.020.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 68.50
Chapter 68.50 RCW
HUMAN REMAINS
Sections
68.50.100
68.50.140
68.50.145
68.50.150
68.50.250
68.50.260
68.50.530
68.50.540
68.50.610
68.50.635
68.50.640
Dissection, when permitted—Autopsy of person under the age
of three years. (Effective July 1, 2004.)
Opening graves—Stealing body—Receiving same. (Effective
July 1, 2004.)
Removing remains—Penalty. (Effective July 1, 2004.)
Mutilating, disinterring human remains—Penalty. (Effective
July 1, 2004.)
Crematory record of caskets—Penalty. (Effective July 1,
2004.)
Repealed. (Effective July 1, 2004.)
Anatomical gifts—Definitions.
Anatomical gifts—Authorized—Procedures—Changes—
Refusal.
Anatomical gifts—Illegal purchase or sale—Penalty. (Effective July 1, 2004.)
Organ and tissue donor registry.
Organ and tissue donation awareness account.
68.50.100
68.50.100 Dissection, when permitted—Autopsy of
person under the age of three years. (Effective July 1,
2004.) (1) The right to dissect a dead body shall be limited to
cases specially provided by statute or by the direction or will
of the deceased; cases where a coroner is authorized to hold
an inquest upon the body, and then only as he or she may
authorize dissection; and cases where the spouse or next of
kin charged by law with the duty of burial shall authorize dissection for the purpose of ascertaining the cause of death, and
then only to the extent so authorized: PROVIDED, That the
coroner, in his or her discretion, may make or cause to be
made by a competent pathologist, toxicologist, or physician,
an autopsy or postmortem in any case in which the coroner
has jurisdiction of a body: PROVIDED, FURTHER, That
the coroner may with the approval of the University of Washington and with the consent of a parent or guardian deliver
any body of a deceased person under the age of three years
over which he or she has jurisdiction to the University of
Washington medical school for the purpose of having an
autopsy made to determine the cause of death.
(2) Every person who shall make, cause, or procure to be
made any dissection of a body, except as provided in this section, is guilty of a gross misdemeanor. [2003 c 53 § 307;
1963 c 178 § 2; 1953 c 188 § 2; 1909 c 249 § 237; RRS §
2489. Formerly RCW 68.08.100.]
[2003 RCW Supp—page 786]
68.50.140
68.50.140 Opening graves—Stealing body—Receiving same. (Effective July 1, 2004.) (1) Every person who
shall remove the dead body of a human being, or any part
thereof, from a grave, vault, or other place where the same
has been buried or deposited awaiting burial or cremation,
without authority of law, with intent to sell the same, or for
the purpose of securing a reward for its return, or for dissection, or from malice or wantonness, is guilty of a class C felony and shall be punished by imprisonment in a state correctional facility for not more than five years, or by a fine of not
more than one thousand dollars, or by both.
(2) Every person who shall purchase or receive, except
for burial or cremation, any such dead body, or any part
thereof, knowing that the same has been removed contrary to
the foregoing provisions, is guilty of a class C felony and
shall be punished by imprisonment in a state correctional
facility for not more than three years, or by a fine of not more
than one thousand dollars, or by both.
(3) Every person who shall open a grave or other place of
interment, temporary or otherwise, or a building where such
dead body is deposited while awaiting burial or cremation,
with intent to remove the body or any part thereof, for the
purpose of selling or demanding money for the same, for dissection, from malice or wantonness, or with intent to sell or
remove the coffin or of any part thereof, or anything attached
thereto, or any vestment, or other article interred, or intended
to be interred with the body, is guilty of a class C felony and
shall be punished by imprisonment in a state correctional
facility for not more than three years, or by a fine of not more
than one thousand dollars, or by both. [2003 c 53 § 308; 1992
c 7 § 44; 1909 c 249 § 239; RRS § 2491. FORMER PART
OF SECTION: 1943 c 247 § 25 now codified as RCW
68.50.145. Formerly RCW 68.08.140.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
68.50.145
68.50.145 Removing remains—Penalty. (Effective
July 1, 2004.) Every person who removes any part of any
human remains from any place where it has been interred, or
from any place where it is deposited while awaiting interment, with intent to sell it, or to dissect it, without authority
of law, or from malice or wantonness, is guilty of a class C
felony and shall be punished by imprisonment in a state correctional facility for not more than five years, or by a fine of
not more than one thousand dollars, or by both. [2003 c 53 §
309; 1992 c 7 § 45; 1943 c 247 § 25; Rem. Supp. 1943 c
3778-25. Formerly RCW 68.08.140, part, and 68.08.145.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
68.50.150
68.50.150 Mutilating, disinterring human remains—
Penalty. (Effective July 1, 2004.) Every person who mutilates, disinters, or removes from the place of interment any
human remains without authority of law, is guilty of a class C
felony and shall be punished by imprisonment in a state correctional facility for not more than three years, or by a fine of
not more than one thousand dollars, or by both. [2003 c 53 §
Human Remains
310; 1992 c 7 § 46; 1943 c 247 § 26; Rem. Supp. 1943 §
3778-26. Formerly RCW 68.08.150.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
68.50.250
68.50.250 Crematory record of caskets—Penalty.
(Effective July 1, 2004.) (1) No crematory shall hereafter
cremate the remains of any human body without making a
permanent signed record of the color, shape, and outside covering of the casket consumed with such body, the record to be
open to inspection of any person lawfully entitled thereto.
(2) A person violating this section is guilty of a misdemeanor, and each violation shall constitute a separate
offense. [2003 c 53 § 311; 1943 c 247 § 57; Rem. Supp. 1943
§ 3778-57. FORMER PART OF SECTION: 1943 c 247 §
58 now codified as RCW 68.50.260. Formerly RCW
68.20.100.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
68.50.260
68.50.260 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
68.50.530
68.50.530 Anatomical gifts—Definitions. Unless the
context requires otherwise, the definitions in this section
apply throughout RCW 68.50.520 through 68.50.620,
68.50.635, 68.50.640, and 68.50.901 through 68.50.904.
(1) "Anatomical gift" means a donation of all or part of a
human body to take effect upon or after death.
(2) "Decedent" means a deceased individual.
(3) "Document of gift" means a card, a statement
attached to or imprinted on a motor vehicle operator's license,
a will, or other writing used to make an anatomical gift.
(4) "Donor" means an individual who makes an anatomical gift of all or part of the individual's body.
(5) "Enucleator" means an individual who is qualified to
remove or process eyes or parts of eyes.
(6) "Hospital" means a facility licensed under chapter
70.41 RCW, or as a hospital under the law of any state or a
facility operated as a hospital by the United States government, a state, or a subdivision of a state.
(7) "Part" means an organ, tissue, eye, bone, artery,
blood, fluid, or other portion of a human body.
(8) "Person" means an individual, corporation, business
trust, estate, trust, partnership, joint venture, association, government, governmental subdivision or agency, or any other
legal or commercial entity.
(9) "Physician" or "surgeon" means an individual
licensed or otherwise authorized to practice medicine and
surgery or osteopathic medicine and surgery under chapters
18.71 and 18.57 RCW.
(10) "Procurement organization" means a person
licensed, accredited, or approved under the laws of any state
for procurement, distribution, or storage of human bodies or
parts.
(11) "Reasonable costs" include: (a) Programming and
software installation and upgrades; (b) employee training that
is specific to the organ and tissue donor registry or the donation program created in RCW 46.12.510; (c) literature that is
specific to the organ and tissue donor registry or the donation
68.50.540
program created in RCW 46.12.510; and (d) hardware
upgrades or other issues important to the organ and tissue
donor registry or the donation program created in RCW
46.12.510 that have been mutually agreed upon in advance
by the department of licensing and the Washington state
organ procurement organizations.
(12) "State" means a state, territory, or possession of the
United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(13) "Technician" means an individual who is qualified
to remove or process a part.
(14) "Washington state organ procurement organization"
means an organ procurement organization that has been designated by the United States department of health and human
services to coordinate organ procurement activities for any
portion of Washington state. [2003 c 94 § 2; 1996 c 178 § 15;
1993 c 228 § 2.]
Findings—2003 c 94: "The legislature finds that the use of anatomical
gifts, including the donation of organ[s] or tissue, for the purpose of transplantation is of great interest to the citizens of Washington state and may
save or prolong the life or improve the health of extremely ill and dying persons.
The legislature further finds that more than eighty thousand people are
currently waiting for life-saving organ transplants on the national transplant
waiting list. More than one thousand two hundred of these people are listed
at Washington state transplant centers. Nationally, seventeen people die
each day as a result of the shortage of donated organs.
The creation of a statewide organ and tissue donor registry is crucial to
facilitate timely and successful organ and tissue procurement. The legislature further finds that continuing education as to the existence and maintenance of a statewide organ and tissue donor registry is in the best interest of
the people of the state of Washington." [2003 c 94 § 1.]
Effective date—1996 c 178: See note following RCW 18.35.110.
68.50.540
68.50.540 Anatomical gifts—Authorized—Procedures—Changes—Refusal. (1) An individual who is at
least eighteen years of age, or an individual who is at least
sixteen years of age as provided in subsection (12) of this section, may (a) make an anatomical gift for any of the purposes
stated in RCW 68.50.570(1), (b) limit an anatomical gift to
one or more of those purposes, or (c) refuse to make an anatomical gift.
(2) An anatomical gift may be made by a document of
gift signed by the donor. If the donor cannot sign, the document of gift must be signed by another individual and by two
witnesses, all of whom have signed at the direction and in the
presence of the donor and of each other and state that it has
been so signed.
(3) If a document of gift is attached to or imprinted on a
donor's motor vehicle operator's license, the document of gift
must comply with subsection (2) of this section. Revocation,
suspension, expiration, or cancellation of the license does not
invalidate the anatomical gift.
(4) The donee or other person authorized to accept the
anatomical gift may employ or authorize a physician, surgeon, technician, or enucleator to carry out the appropriate
procedures.
(5) An anatomical gift by will takes effect upon death of
the testator, whether or not the will is probated. If, after
death, the will is declared invalid for testamentary purposes,
the validity of the anatomical gift is unaffected.
(6)(a) A donor may amend or revoke an anatomical gift,
not made by will, by:
[2003 RCW Supp—page 787]
68.50.610
Title 68 RCW: Cemeteries, Morgues, and Human Remains
(i) A signed statement;
(ii) An oral statement made in the presence of two individuals;
(iii) Any form of communication during a terminal illness or injury; or
(iv) The delivery of a signed statement to a specified
donee to whom a document of gift had been delivered.
(b) A donor shall notify a Washington state organ procurement organization of the destruction, cancellation, or
mutilation of the document of gift for the purpose of removing the person's name from the organ and tissue donor registry created in RCW 68.50.635. If the Washington state organ
procurement organization that is notified does not maintain a
registry for Washington residents, it shall notify all Washington state organ procurement organizations that do maintain
such a registry.
(7) The donor of an anatomical gift made by will may
amend or revoke the gift in the manner provided for amendment or revocation of wills, or as provided in subsection (6)
of this section.
(8) An anatomical gift that is not revoked by the donor
before death is irrevocable and does not require the consent
or concurrence of a person after the donor's death.
(9) An individual may refuse to make an anatomical gift
of the individual's body or part by (a) a writing signed in the
same manner as a document of gift, (b) a statement attached
to or imprinted on a donor's motor vehicle operator's license,
or (c) another writing used to identify the individual as refusing to make an anatomical gift. During a terminal illness or
injury, the refusal may be an oral statement or other form of
communication.
(10) In the absence of contrary indications by the donor,
an anatomical gift of a part is neither a refusal to give other
parts nor a limitation on an anatomical gift under RCW
68.50.550.
(11) In the absence of contrary indications by the donor,
a revocation or amendment of an anatomical gift is not a
refusal to make another anatomical gift. If the donor intends
a revocation to be a refusal to make an anatomical gift, the
donor shall make the refusal pursuant to subsection (9) of this
section.
(12) An individual who is under the age of eighteen, but
is at least sixteen years of age, may make an anatomical gift
as provided by subsection (2) of this section, if the document
of gift is also signed by either parent or a guardian of the
donor. A document of gift signed by a donor under the age of
eighteen that is not signed by either parent or a guardian shall
not be considered valid until the person reaches the age of
eighteen, but may be considered as evidence that the donor
has not refused permission to make an anatomical gift under
the provisions of RCW 68.50.550. [2003 c 94 § 4; 1995 c 132
§ 1; 1993 c 228 § 3.]
Findings—2003 c 94: See note following RCW 68.50.530.
68.50.610
68.50.610 Anatomical gifts—Illegal purchase or
sale—Penalty. (Effective July 1, 2004.) (1) A person may
not knowingly, for valuable consideration, purchase or sell a
part for transplantation or therapy, if removal of the part is
intended to occur after the death of the decedent.
(2) Valuable consideration does not include reasonable
payment for the removal, processing, disposal, preservation,
[2003 RCW Supp—page 788]
quality control, storage, transportation, or implantation of a
part.
(3) A person who violates this section is guilty of a class
C felony and upon conviction is subject to a fine not exceeding fifty thousand dollars or imprisonment not exceeding five
years, or both. [2003 c 53 § 312; 1993 c 228 § 10.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
68.50.635
68.50.635 Organ and tissue donor registry. (1) The
department of licensing shall electronically transfer all information that appears on the front of a driver's license or identicard including the name, gender, date of birth, and most
recent address of any person who obtains a driver's license or
identicard and volunteers to donate organs or tissue upon
death to any Washington state organ procurement organization that intends to establish a statewide organ and tissue
donor registry as provided under subsection (2) of this section. All subsequent electronic transfers of donor information shall be at no charge to this Washington state organ procurement organization.
(2) Information obtained by a Washington state organ
procurement organization under subsection (1) of this section
shall be used for the purpose of establishing a statewide organ
and tissue donor registry accessible to in-state recognized
cadaveric organ and cadaveric tissue agencies for the recovery or placement of organs and tissue and to procurement
agencies in another state when a Washington state resident is
a donor of an anatomical gift and is not located in this state at
the time of death or immediately before the death of the
donor. Any registry created using information acquired
under subsection (1) of this section must include all residents
of Washington state regardless of their residence within the
service area designated by the federal government.
(3) No organ or tissue donation organization may obtain
information from the organ and tissue donor registry for the
purposes of fund raising. Organ and tissue donor registry
information may not be further disseminated unless authorized in this section or by federal law. Dissemination of
organ and tissue donor registry information may be made by
a Washington state organ procurement organization to
another Washington state organ procurement organization, a
recognized in-state procurement agency for other tissue
recovery, or an out-of-state federally designated organ procurement organization that has been designated by the United
States department of health and human services to serve an
area outside Washington.
(4) A Washington state organ procurement organization
may acquire donor information from sources other than the
department of licensing.
(5) All reasonable costs associated with the creation of
an organ and tissue donor registry shall be paid by the Washington state organ procurement organization that has
requested the information. The reasonable costs associated
with the initial installation and setup for electronic transfer of
the donor information at the department of licensing shall be
paid by the Washington state organ procurement organization
that requested the information.
(6) An individual does not need to participate in the
organ and tissue donor registry to be a donor of organs or tissue. The registry is to facilitate organ and tissue donations
Penal and Miscellaneous Provisions
and not inhibit persons from being donors upon death. [2003
c 94 § 3.]
Findings—2003 c 94: See note following RCW 68.50.530.
Section applies to certain mausoleums, columbariums, etc.: RCW
68.28.010.
Title 69
Findings—2003 c 94: See note following RCW 68.50.530.
Chapter 68.56 RCW
PENAL AND MISCELLANEOUS PROVISIONS
Chapter 68.56
Chapters
69.04 Intrastate commerce in food, drugs, and cosmetics.
69.07 Washington food processing act.
69.25 Washington wholesome eggs and egg products
act.
69.40 Poisons and dangerous drugs.
69.41 Legend drugs—Prescription drugs.
69.50 Uniform controlled substances act.
69.90 Kosher food products.
Chapter 69.04 RCW
INTRASTATE COMMERCE IN FOOD, DRUGS,
AND COSMETICS
Chapter 69.04
(Formerly: Food, drug, and cosmetic act)
Sections
69.04.060
69.04.070
69.04.930
69.04.934
Criminal penalty for violations. (Effective July 1, 2004.)
Additional penalty. (Effective July 1, 2004.)
Frozen fish and meat—Labeling requirements—Exceptions.
Salmon labeling—Identification as farm-raised or commercially caught—Exceptions—Penalty.
69.04.060
69.04.060 Criminal penalty for violations. (Effective
July 1, 2004.) Any person who violates any provision of
RCW 69.04.040 is guilty of a misdemeanor and shall on conviction thereof be subject to the following penalties:
(1) A fine of not more than two hundred dollars; or
(2) If the violation is committed after a conviction of
such person under this section has become final, imprisonment for not more than thirty days, or a fine of not more than
five hundred dollars, or both such imprisonment and fine.
[2003 c 53 § 314; 1945 c 257 § 24; Rem. Supp. 1945 § 616373. Prior: 1907 c 211 § 12; 1901 c 94 § 11.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Sections
68.56.040
Title 69
FOOD, DRUGS, COSMETICS,
AND POISONS
68.50.640
68.50.640 Organ and tissue donation awareness
account. (1) The organ and tissue donation awareness
account is created in the custody of the state treasurer. All
receipts from donations made under RCW 46.12.510, and
other contributions and appropriations specifically made for
the purposes of organ and tissue donor awareness, shall be
deposited into the account. Except as provided in subsection
(2) of this section, expenditures from the account may be
authorized by the director of the department of licensing or
the director's designee and do not require an appropriation.
(2) The department of licensing shall submit a funding
request to the legislature covering the reasonable costs associated with the ongoing maintenance associated with the
electronic transfer of the donor information to the organ and
tissue donor registry and the donation program established in
RCW 46.12.510. The legislature shall appropriate to the
department of licensing an amount it deems reasonable from
the organ and tissue donation awareness account to the
department of licensing for these purposes.
(3) At least quarterly, the department of licensing shall
transmit any remaining moneys in the organ and tissue donation awareness account to the foundation established in RCW
46.12.510 for the costs associated with educating the public
about the organ and tissue donor registry and related organ
and tissue donation education programs.
(4) Funding for donation awareness programs must be
proportional across the state regardless of which Washington
state organ procurement organization may be designated by
the United States department of health and human services to
serve a particular geographic area. No funds from the
account may be used to fund activities outside Washington
state. [2003 c 94 § 7.]
69.04.930
Nonconforming cemetery a nuisance—Penalty—Costs of
prosecution. (Effective July 1, 2004.)
68.56.040
68.56.040 Nonconforming cemetery a nuisance—
Penalty—Costs of prosecution. (Effective July 1, 2004.)
Every person, firm, or corporation who is the owner or operator of a cemetery established in violation of *this act is
guilty of maintaining a public nuisance, a gross misdemeanor, and upon conviction is punishable by a fine of not
less than five hundred dollars nor more than five thousand
dollars or by imprisonment in a county jail for not less than
one month nor more than six months, or by both; and, in addition is liable for all costs, expenses, and disbursements paid
or incurred in prosecuting the case. [2003 c 53 § 313; 1943 c
247 § 145; Rem. Supp. 1943 § 3778-145. Formerly RCW
68.48.040.]
*Reviser's note: For "this act," see note following RCW 68.04.020.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.04.070
69.04.070 Additional penalty. (Effective July 1,
2004.) Notwithstanding the provisions of RCW 69.04.060, a
person who violates RCW 69.04.040 with intent to defraud or
mislead is guilty of a misdemeanor and the penalty shall be
imprisonment for not more than ninety days, or a fine of not
more than one thousand dollars, or both such imprisonment
and fine. [2003 c 53 § 315; 1945 c 257 § 25; Rem. Supp.
1945 § 6163-74.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.04.930
69.04.930 Frozen fish and meat—Labeling requirements—Exceptions. It shall be unlawful for any person to
sell at retail or display for sale at retail any food fish as
defined in RCW 77.08.022 or shellfish as defined in RCW
77.08.010, any meat, or any meat food product which has
been frozen at any time, without having the package or container in which the same is sold bear a label clearly discern[2003 RCW Supp—page 789]
69.04.934
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
ible to a customer that such product has been frozen and
whether or not the same has since been thawed. No such food
fish or shellfish, meat or meat food product shall be sold
unless in such a package or container bearing said label:
PROVIDED, That this section shall not include any of the
aforementioned food or food products that have been frozen
prior to being smoked, cured, cooked or subjected to the heat
of commercial sterilization. [2003 c 39 § 28; 1999 c 291 §
32; 1988 c 254 § 8; 1983 1st ex.s. c 46 § 179; 1975 c 39 § 1.]
69.04.934
69.04.934 Salmon labeling—Identification as farmraised or commercially caught—Exceptions—Penalty.
With the exception of a commercial fisher engaged in sales of
fish to a fish buyer, no person may sell at wholesale or retail
any fresh or frozen:
(1) Private sector cultured aquatic salmon without identifying the product as farm-raised salmon; or
(2) Commercially caught salmon designated as food fish
under Title 77 RCW without identifying the product as commercially caught salmon.
Identification of the products under subsections (1) and
(2) of this section shall be made to the buyer at the point of
sale such that the buyer can make an informed decision in
purchasing.
A person knowingly violating this section is guilty of
misbranding under this chapter. A person who receives misleading or erroneous information about whether the salmon is
farm-raised or commercially caught, and subsequently inaccurately identifies salmon shall not be guilty of misbranding.
This section shall not apply to salmon that is minced, pulverized, coated with batter, or breaded. [2003 c 39 § 29; 1993 c
282 § 4.]
Finding—1993 c 282: See note following RCW 69.04.932.
Chapter 69.07 RCW
WASHINGTON FOOD PROCESSING ACT
Chapter 69.07
Sections
69.07.103
69.07.150
must include, but are not limited to, those for: Cooling procedures, when applicable; sanitary facilities, equipment, and
utensils; clean water; washing and other hygienic practices;
and waste and wastewater disposal.
(b) The rules must also identify the length of time such a
permit is valid. In determining the length of time, the department must take care to ensure that it is adequate to accommodate the seasonal nature of the permitted activities. In adopting any rule under this section, the department must also
carefully consider the economic constraints on the regulated
activity.
(3) The department shall conduct such inspections of the
activities permitted under this section as are reasonably necessary to ensure compliance with permit requirements.
(4) The fee for a special permit issued under this section
is seventy-five dollars.
(5) For the purposes of this section, "chicken" means the
species Gallus domesticus. [2003 c 397 § 2.]
69.07.150
69.07.150 Violations—Penalties. (Effective July 1,
2004.) (1)(a) Except as provided in (b) of this subsection,
any person violating any provision of this chapter or any rule
or regulation adopted hereunder is guilty of a misdemeanor.
(b) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a
previous conviction shall be considered a first offense.
(2) Whenever the director finds that a person has committed a violation of any of the provisions of this chapter, and
that violation has not been punished pursuant to subsection
(1) of this section, the director may impose upon and collect
from the violator a civil penalty not exceeding one thousand
dollars per violation per day. Each violation shall be a separate and distinct offense. [2003 c 53 § 316; 1991 c 137 § 9;
1967 ex.s. c 121 § 15.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 69.25 RCW
WASHINGTON WHOLESOME EGGS AND EGG
PRODUCTS ACT
Chapter 69.25
Chickens—Slaughter, preparation, sale—One thousand or
fewer—Special, temporary permit—Rules—Fee.
Violations—Penalties. (Effective July 1, 2004.)
Sections
69.07.103
69.07.103 Chickens—Slaughter, preparation, sale—
One thousand or fewer—Special, temporary permit—
Rules—Fee. (1) A special, temporary permit issued by the
department under this section is required for the slaughter
and preparation of one thousand or fewer pastured chickens
in a calendar year by the agricultural producer of the chickens
for the sale of whole raw chickens by the producer directly to
the ultimate consumer at the producer's farm, and for such
sale. Such activities shall not be conducted without the permit. However, if the activities are conducted under such a
permit, the activities are exempted from any other licensing
requirements of this chapter.
(2)(a) The department must adopt by rule requirements
for a special, temporary permit for the activities described in
subsection (1) of this section. The requirements must be generally patterned after those established by WAC 246-215-190
as it exists on July 27, 2003, for temporary food service
establishments, but must be tailored specifically to these
slaughter, preparation, and sale activities. The requirements
[2003 RCW Supp—page 790]
69.25.150
69.25.155
69.25.160
69.25.150
Penalties—Liability of employer—Defense. (Effective July 1,
2004.)
Interference with person performing official duties. (Effective
July 1, 2004.)
Notice of violation—May take place of prosecution. (Effective
July 1, 2004.)
69.25.150 Penalties—Liability of employer—
Defense. (Effective July 1, 2004.) (1)(a) Except as provided
in (b) of this subsection, any person violating any provision
of this chapter or any rule adopted under this chapter is guilty
of a misdemeanor.
(b) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a
previous conviction shall be considered a first offense.
(2) Whenever the director finds that a person has committed a violation of any of the provisions of this chapter, and
that violation has not been punished pursuant to subsection
(1) of this section, the director may impose upon and collect
from the violator a civil penalty not exceeding one thousand
Poisons and Dangerous Drugs
dollars per violation per day. Each violation shall be a separate and distinct offense.
(3) When construing or enforcing the provisions of RCW
69.25.110, the act, omission, or failure of any person acting
for or employed by any individual, partnership, corporation,
or association within the scope of the person's employment or
office shall in every case be deemed the act, omission, or failure of such individual, partnership, corporation, or association, as well as of such person.
(4) No carrier or warehouseman shall be subject to the
penalties of this chapter, other than the penalties for violation
of RCW 69.25.140, or 69.25.155, by reason of his or her
receipt, carriage, holding, or delivery, in the usual course of
business, as a carrier or warehouseman of eggs or egg products owned by another person unless the carrier or warehouseman has knowledge, or is in possession of facts which
would cause a reasonable person to believe that such eggs or
egg products were not eligible for transportation under, or
were otherwise in violation of, this chapter, or unless the carrier or warehouseman refuses to furnish on request of a representative of the director the name and address of the person
from whom he or she received such eggs or egg products and
copies of all documents, if there be any, pertaining to the
delivery of the eggs or egg products to, or by, such carrier or
warehouseman. [2003 c 53 § 317; 1995 c 374 § 27; 1992 c 7
§ 47; 1975 1st ex.s. c 201 § 16.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Chapter 69.41
obtained by a suitable written notice of warning. [2003 c 53
§ 319; 1975 1st ex.s. c 201 § 17.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 69.40
Chapter 69.40 RCW
POISONS AND DANGEROUS DRUGS
Sections
69.40.020
69.40.030
Poison in milk or food products—Penalty. (Effective July 1,
2004.)
Placing poison or other harmful object or substance in food,
drinks, medicine, or water—Penalty. (Effective July 1,
2004.)
69.40.020
69.40.020 Poison in milk or food products—Penalty.
(Effective July 1, 2004.) Any person who shall sell, offer to
sell, or have in his or her possession for the purpose of sale,
either as owner, proprietor, or assistant, or in any manner
whatsoever, whether for hire or otherwise, any milk or any
food products, containing the chemical ingredient commonly
known as formaldehyde, or in which any formaldehyde or
other poisonous substance has been mixed, for the purpose of
preservation or otherwise, is guilty of a class C felony, and
upon conviction thereof shall be imprisoned in the penitentiary for the period of not less than one year nor more than
three years. [2003 c 53 § 320; 1905 c 50 § 1; RRS § 6142.
FORMER PART OF SECTION: 1905 c 50 § 2, now codified
as RCW 69.40.025.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.40.030
69.25.155
69.25.155 Interference with person performing official duties. (Effective July 1, 2004.) (1) Notwithstanding
any other provision of law, any person who forcibly assaults,
resists, impedes, intimidates, or interferes with any person
while engaged in or on account of the performance of his or
her official duties under this chapter is guilty of a class C felony and shall be punished by a fine of not more than five
thousand dollars or imprisonment in a state correctional facility for not more than three years, or both.
(2) Whoever, in the commission of any act described in
subsection (1) of this section, uses a deadly or dangerous
weapon is guilty of a class B felony and shall be punished by
a fine of not more than ten thousand dollars or by imprisonment in a state correctional facility for not more than ten
years, or both. [2003 c 53 § 318.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.25.160
69.25.160 Notice of violation—May take place of
prosecution. (Effective July 1, 2004.) Before any violation
of this chapter, other than RCW 69.25.155, is reported by the
director to any prosecuting attorney for institution of a criminal proceeding, the person against whom such proceeding is
contemplated shall be given reasonable notice of the alleged
violation and opportunity to present his or her views orally or
in writing with regard to such contemplated proceeding.
Nothing in this chapter shall be construed as requiring the
director to report for criminal prosecution violation of this
chapter whenever he or she believes that the public interest
will be adequately served and compliance with this chapter
69.40.030 Placing poison or other harmful object or
substance in food, drinks, medicine, or water—Penalty.
(Effective July 1, 2004.) (1) Every person who willfully
mingles poison or places any harmful object or substance,
including but not limited to pins, tacks, needles, nails, razor
blades, wire, or glass in any food, drink, medicine, or other
edible substance intended or prepared for the use of a human
being or who shall knowingly furnish, with intent to harm
another person, any food, drink, medicine, or other edible
substance containing such poison or harmful object or substance to another human being, and every person who willfully poisons any spring, well, or reservoir of water, is guilty
of a class B felony and shall be punished by imprisonment in
a state correctional facility for not less than five years or by a
fine of not less than one thousand dollars.
(2) *This act shall not apply to the employer or employers of a person who violates this section without such
employer's knowledge. [2003 c 53 § 321; 1992 c 7 § 48;
1973 c 119 § 1; 1909 c 249 § 264; RRS § 2516. Prior: Code
1881 § 802; 1873 p 185 § 27; 1869 p 202 § 25; 1854 p 79 §
25.]
*Reviser's note: "this act" refers to the 1973 c 119 § 1 amendment to
this section.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 69.41 RCW
LEGEND DRUGS—PRESCRIPTION DRUGS
Chapter 69.41
Sections
69.41.010
Definitions.
[2003 RCW Supp—page 791]
69.41.010
69.41.020
69.41.030
69.41.030
69.41.040
69.41.050
69.41.070
69.41.072
69.41.085
69.41.150
69.41.190
69.41.270
69.41.300
69.41.320
69.41.330
69.41.350
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
Prohibited acts—Information not privileged communication.
(Effective July 1, 2004.)
Sale, delivery, or possession of legend drug without prescription or order prohibited—Exceptions. (Effective until July 1,
2004.)
Sale, delivery, or possession of legend drug without prescription or order prohibited—Exceptions—Penalty. (Effective
July 1, 2004.)
Prescription requirements—Penalty. (Effective July 1, 2004.)
Labeling requirements—Penalty. (Effective July 1, 2004.)
Recodified as RCW 69.41.350. (Effective July 1, 2004.)
Violations of chapter 69.50 RCW not to be charged under
chapter 69.41 RCW—Exception. (Effective July 1, 2004.)
Medication assistance—Community-based care setting.
Liability of practitioner, pharmacist.
Preferred drug substitution—Exceptions—Notice.
Repealed.
Definitions. (Effective July 1, 2004.)
Practitioners—Restricted use—Medical records. (Effective
July 1, 2004.)
Public warnings—School districts. (Effective July 1, 2004.)
Penalties. (Effective July 1, 2004.)
69.41.010
69.41.010 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise:
(1) "Administer" means the direct application of a legend
drug whether by injection, inhalation, ingestion, or any other
means, to the body of a patient or research subject by:
(a) A practitioner; or
(b) The patient or research subject at the direction of the
practitioner.
(2) "Community-based care settings" include: Community residential programs for the developmentally disabled,
certified by the department of social and health services
under chapter 71A.12 RCW; adult family homes licensed
under chapter 70.128 RCW; and boarding homes licensed
under chapter 18.20 RCW. Community-based care settings
do not include acute care or skilled nursing facilities.
(3) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a
legend drug, whether or not there is an agency relationship.
(4) "Department" means the department of health.
(5) "Dispense" means the interpretation of a prescription
or order for a legend drug and, pursuant to that prescription or
order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or
order for delivery.
(6) "Dispenser" means a practitioner who dispenses.
(7) "Distribute" means to deliver other than by administering or dispensing a legend drug.
(8) "Distributor" means a person who distributes.
(9) "Drug" means:
(a) Substances recognized as drugs in the official United
States pharmacopoeia, official homeopathic pharmacopoeia
of the United States, or official national formulary, or any
supplement to any of them;
(b) Substances intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in man or animals;
(c) Substances (other than food, minerals or vitamins)
intended to affect the structure or any function of the body of
man or animals; and
(d) Substances intended for use as a component of any
article specified in (a), (b), or (c) of this subsection. It does
not include devices or their components, parts, or accessories.
[2003 RCW Supp—page 792]
(10) "Electronic communication of prescription information" means the communication of prescription information
by computer, or the transmission of an exact visual image of
a prescription by facsimile, or other electronic means for
original prescription information or prescription refill information for a legend drug between an authorized practitioner
and a pharmacy or the transfer of prescription information for
a legend drug from one pharmacy to another pharmacy.
(11) "In-home care settings" include an individual's
place of temporary and permanent residence, but does not
include acute care or skilled nursing facilities, and does not
include community-based care settings.
(12) "Legend drugs" means any drugs which are required
by state law or regulation of the state board of pharmacy to be
dispensed on prescription only or are restricted to use by
practitioners only.
(13) "Legible prescription" means a prescription or medication order issued by a practitioner that is capable of being
read and understood by the pharmacist filling the prescription
or the nurse or other practitioner implementing the medication order.
(14) "Medication assistance" means assistance rendered
by a nonpractitioner to an individual residing in a community-based care setting or in-home care setting to facilitate the
individual's self-administration of a legend drug or controlled
substance. It includes reminding or coaching the individual,
handing the medication container to the individual, opening
the individual's medication container, using an enabler, or
placing the medication in the individual's hand, and such
other means of medication assistance as defined by rule
adopted by the department. A nonpractitioner may help in
the preparation of legend drugs or controlled substances for
self-administration where a practitioner has determined and
communicated orally or by written direction that such medication preparation assistance is necessary and appropriate.
Medication assistance shall not include assistance with intravenous medications or injectable medications, except prefilled insulin syringes.
(15) "Person" means individual, corporation, government or governmental subdivision or agency, business trust,
estate, trust, partnership or association, or any other legal
entity.
(16) "Practitioner" means:
(a) A physician under chapter 18.71 RCW, an osteopathic physician or an osteopathic physician and surgeon
under chapter 18.57 RCW, a dentist under chapter 18.32
RCW, a podiatric physician and surgeon under chapter 18.22
RCW, a veterinarian under chapter 18.92 RCW, a registered
nurse, advanced registered nurse practitioner, or licensed
practical nurse under chapter 18.79 RCW, an optometrist
under chapter 18.53 RCW who is certified by the optometry
board under RCW 18.53.010, an osteopathic physician assistant under chapter 18.57A RCW, a physician assistant under
chapter 18.71A RCW, a naturopath licensed under chapter
18.36A RCW, a pharmacist under chapter 18.64 RCW, or,
when acting under the required supervision of a dentist
licensed under chapter 18.32 RCW, a dental hygienist
licensed under chapter 18.29 RCW;
(b) A pharmacy, hospital, or other institution licensed,
registered, or otherwise permitted to distribute, dispense,
conduct research with respect to, or to administer a legend
Legend Drugs—Prescription Drugs
drug in the course of professional practice or research in this
state; and
(c) A physician licensed to practice medicine and surgery or a physician licensed to practice osteopathic medicine
and surgery in any state, or province of Canada, which shares
a common border with the state of Washington.
(17) "Secretary" means the secretary of health or the secretary's designee. [2003 c 257 § 2; 2003 c 140 § 11; 2000 c 8
§ 2. Prior: 1998 c 222 § 1; 1998 c 70 § 2; 1996 c 178 § 16;
1994 sp.s. c 9 § 736; prior: 1989 1st ex.s. c 9 § 426; 1989 c
36 § 3; 1984 c 153 § 17; 1980 c 71 § 1; 1979 ex.s. c 139 § 1;
1973 1st ex.s. c 186 § 1.]
69.41.030
(7) No person shall willfully fail to maintain the records
required by RCW 69.41.042 and *69.41.270.
(8) A violation of this section is a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 322.
Prior: 1989 1st ex.s. c 9 § 408; 1989 c 352 § 8; 1973 1st ex.s.
c 186 § 2.]
*Reviser's note: RCW 69.41.270 was repealed by 2003 c 275 § 5.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.41.030
Reviser's note: This section was amended by 2003 c 140 § 11 and by
2003 c 257 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 140: See note following RCW 18.79.040.
Findings—Intent—2000 c 8: "The legislature finds that we have one
of the finest health care systems in the world and excellent professionals to
deliver that care. However, there are incidents of medication errors that are
avoidable and serious mistakes that are preventable. Medical errors throughout the health care system constitute one of the nation's leading causes of
death and injury resulting in over seven thousand deaths a year, according to
a recent report from the institute of medicine. The majority of medical errors
do not result from individual recklessness, but from basic flaws in the way
the health system is organized. There is a need for a comprehensive strategy
for government, industry, consumers, and health providers to reduce medical
errors. The legislature declares a need to bring about greater safety for
patients in this state who depend on prescription drugs.
It is the intent of the legislature to promote medical safety as a top priority for all citizens of our state." [2000 c 8 § 1.]
Effective date—1996 c 178: See note following RCW 18.35.110.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.41.020
69.41.020 Prohibited acts—Information not privileged communication. (Effective July 1, 2004.) Legend
drugs shall not be sold, delivered, dispensed or administered
except in accordance with this chapter.
(1) No person shall obtain or attempt to obtain a legend
drug, or procure or attempt to procure the administration of a
legend drug:
(a) By fraud, deceit, misrepresentation, or subterfuge; or
(b) By the forgery or alteration of a prescription or of any
written order; or
(c) By the concealment of a material fact; or
(d) By the use of a false name or the giving of a false
address.
(2) Information communicated to a practitioner in an
effort unlawfully to procure a legend drug, or unlawfully to
procure the administration of any such drug, shall not be
deemed a privileged communication.
(3) No person shall willfully make a false statement in
any prescription, order, report, or record, required by this
chapter.
(4) No person shall, for the purpose of obtaining a legend
drug, falsely assume the title of, or represent himself or herself to be, a manufacturer, wholesaler, or any practitioner.
(5) No person shall make or utter any false or forged prescription or other written order for legend drugs.
(6) No person shall affix any false or forged label to a
package or receptacle containing legend drugs.
69.41.030 Sale, delivery, or possession of legend drug
without prescription or order prohibited—Exceptions.
(Effective until July 1, 2004.) It shall be unlawful for any
person to sell, deliver, or possess any legend drug except
upon the order or prescription of a physician under chapter
18.71 RCW, an osteopathic physician and surgeon under
chapter 18.57 RCW, an optometrist licensed under chapter
18.53 RCW who is certified by the optometry board under
RCW 18.53.010, a dentist under chapter 18.32 RCW, a podiatric physician and surgeon under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a commissioned medical
or dental officer in the United States armed forces or public
health service in the discharge of his or her official duties, a
duly licensed physician or dentist employed by the veterans
administration in the discharge of his or her official duties, a
registered nurse or advanced registered nurse practitioner
under chapter 18.79 RCW when authorized by the nursing
care quality assurance commission, an osteopathic physician
assistant under chapter 18.57A RCW when authorized by the
board of osteopathic medicine and surgery, a physician assistant under chapter 18.71A RCW when authorized by the
medical quality assurance commission, a physician licensed
to practice medicine and surgery or a physician licensed to
practice osteopathic medicine and surgery, a dentist licensed
to practice dentistry, a podiatric physician and surgeon
licensed to practice podiatric medicine and surgery, or a veterinarian licensed to practice veterinary medicine, in any
province of Canada which shares a common border with the
state of Washington or in any state of the United States:
PROVIDED, HOWEVER, That the above provisions shall
not apply to sale, delivery, or possession by drug wholesalers
or drug manufacturers, or their agents or employees, or to any
practitioner acting within the scope of his or her license, or to
a common or contract carrier or warehouseman, or any
employee thereof, whose possession of any legend drug is in
the usual course of business or employment: PROVIDED
FURTHER, That nothing in this chapter or chapter 18.64
RCW shall prevent a family planning clinic that is under contract with the department of social and health services from
selling, delivering, possessing, and dispensing commercially
prepackaged oral contraceptives prescribed by authorized,
licensed health care practitioners. [2003 c 142 § 3; 1996 c
178 § 17; 1994 sp.s. c 9 § 737; 1991 c 30 § 1; 1990 c 219 § 2;
1987 c 144 § 1; 1981 c 120 § 1; 1979 ex.s. c 139 § 2; 1977 c
69 § 1; 1973 1st ex.s. c 186 § 3.]
Severability—2003 c 142: See note following RCW 18.53.010.
Effective date—1996 c 178: See note following RCW 18.35.110.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
[2003 RCW Supp—page 793]
69.41.030
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
Finding—1990 c 219: "The legislature finds that Washington citizens
in the border areas of this state are prohibited from having prescriptions from
out-of-state dentists and veterinarians filled at their in-state pharmacies, and
that it is in the public interest to remove this barrier for the state's citizens."
[1990 c 219 § 1.]
69.41.030
69.41.030 Sale, delivery, or possession of legend drug
without prescription or order prohibited—Exceptions—
Penalty. (Effective July 1, 2004.) (1) It shall be unlawful for
any person to sell, deliver, or possess any legend drug except
upon the order or prescription of a physician under chapter
18.71 RCW, an osteopathic physician and surgeon under
chapter 18.57 RCW, an optometrist licensed under chapter
18.53 RCW who is certified by the optometry board under
RCW 18.53.010, a dentist under chapter 18.32 RCW, a podiatric physician and surgeon under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a commissioned medical
or dental officer in the United States armed forces or public
health service in the discharge of his or her official duties, a
duly licensed physician or dentist employed by the veterans
administration in the discharge of his or her official duties, a
registered nurse or advanced registered nurse practitioner
under chapter 18.79 RCW when authorized by the nursing
care quality assurance commission, an osteopathic physician
assistant under chapter 18.57A RCW when authorized by the
board of osteopathic medicine and surgery, a physician assistant under chapter 18.71A RCW when authorized by the
medical quality assurance commission, a physician licensed
to practice medicine and surgery or a physician licensed to
practice osteopathic medicine and surgery, a dentist licensed
to practice dentistry, a podiatric physician and surgeon
licensed to practice podiatric medicine and surgery, or a veterinarian licensed to practice veterinary medicine, in any
province of Canada which shares a common border with the
state of Washington or in any state of the United States:
PROVIDED, HOWEVER, That the above provisions shall
not apply to sale, delivery, or possession by drug wholesalers
or drug manufacturers, or their agents or employees, or to any
practitioner acting within the scope of his or her license, or to
a common or contract carrier or warehouseman, or any
employee thereof, whose possession of any legend drug is in
the usual course of business or employment: PROVIDED
FURTHER, That nothing in this chapter or chapter 18.64
RCW shall prevent a family planning clinic that is under contract with the department of social and health services from
selling, delivering, possessing, and dispensing commercially
prepackaged oral contraceptives prescribed by authorized,
licensed health care practitioners.
(2)(a) A violation of this section involving the sale,
delivery, or possession with intent to sell or deliver is a class
B felony punishable according to chapter 9A.20 RCW.
(b) A violation of this section involving possession is a
misdemeanor. [2003 c 142 § 3; 2003 c 53 § 323; 1996 c 178
§ 17; 1994 sp.s. c 9 § 737; 1991 c 30 § 1; 1990 c 219 § 2; 1987
c 144 § 1; 1981 c 120 § 1; 1979 ex.s. c 139 § 2; 1977 c 69 §
1; 1973 1st ex.s. c 186 § 3.]
Reviser's note: This section was amended by 2003 c 53 § 323 and by
2003 c 142 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—2003 c 142: See note following RCW 18.53.010.
[2003 RCW Supp—page 794]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1996 c 178: See note following RCW 18.35.110.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Finding—1990 c 219: "The legislature finds that Washington citizens
in the border areas of this state are prohibited from having prescriptions from
out-of-state dentists and veterinarians filled at their in-state pharmacies, and
that it is in the public interest to remove this barrier for the state's citizens."
[1990 c 219 § 1.]
69.41.040
69.41.040 Prescription requirements—Penalty.
(Effective July 1, 2004.) (1) A prescription, in order to be
effective in legalizing the possession of legend drugs, must
be issued for a legitimate medical purpose by one authorized
to prescribe the use of such legend drugs. An order purporting to be a prescription issued to a drug abuser or habitual
user of legend drugs, not in the course of professional treatment, is not a prescription within the meaning and intent of
this section; and the person who knows or should know that
he or she is filling such an order, as well as the person issuing
it, may be charged with violation of this chapter. A legitimate medical purpose shall include use in the course of a
bona fide research program in conjunction with a hospital or
university.
(2) A violation of this section is a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 324;
1973 1st ex.s. c 186 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.41.050
69.41.050 Labeling requirements—Penalty. (Effective July 1, 2004.) (1) To every box, bottle, jar, tube or other
container of a legend drug, which is dispensed by a practitioner authorized to prescribe legend drugs, there shall be
affixed a label bearing the name of the prescriber, complete
directions for use, the name of the drug either by the brand or
generic name and strength per unit dose, name of patient and
date: PROVIDED, That the practitioner may omit the name
and dosage of the drug if he or she determines that his or her
patient should not have this information and that, if the drug
dispensed is a trial sample in its original package and which
is labeled in accordance with federal law or regulation, there
need be set forth additionally only the name of the issuing
practitioner and the name of the patient.
(2) A violation of this section is a misdemeanor. [2003 c
53 § 325; 1980 c 83 § 8; 1973 1st ex.s. c 186 § 5.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.41.070
69.41.070 Recodified as RCW 69.41.350. (Effective
July 1, 2004.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
69.41.072
69.41.072 Violations of chapter 69.50 RCW not to be
charged under chapter 69.41 RCW—Exception. (Effective July 1, 2004.) Any offense which is a violation of chapter 69.50 RCW other than RCW 69.50.4012 shall not be
charged under this chapter. [2003 c 53 § 327.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Legend Drugs—Prescription Drugs
69.41.350
69.41.085
69.41.085 Medication assistance—Community-based
care setting. Individuals residing in community-based care
settings, such as adult family homes, boarding homes, and
residential care settings for the developmentally disabled,
including an individual's home, may receive medication
assistance. Nothing in this chapter affects the right of an individual to refuse medication or requirements relating to
informed consent. [2003 c 140 § 12; 1998 c 70 § 1.]
(2) "Androgens" means testosterone in one of its forms
or a derivative, isomer, ester, or salt, that act in the same manner on the human body; and
(3) "Human growth hormones" means growth hormones,
or a derivative, isomer, ester, or salt that act in the same manner on the human body. [2003 c 53 § 328; 1989 c 369 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2003 c 140: See note following RCW 18.79.040.
69.41.320
69.41.150
69.41.150 Liability of practitioner, pharmacist. (1) A
practitioner who authorizes a prescribed drug shall not be liable for any side effects or adverse reactions caused by the
manner or method by which a substituted drug product is
selected or dispensed.
(2) A pharmacist who substitutes an equivalent drug
product pursuant to RCW 69.41.100 through 69.41.180 as
now or hereafter amended assumes no greater liability for
selecting the dispensed drug product than would be incurred
in filling a prescription for a drug product prescribed by its
established name.
(3) A pharmacist who substitutes a preferred drug for a
nonpreferred drug pursuant to RCW 69.41.190 assumes no
greater liability for substituting the preferred drug than would
be incurred in filling a prescription for the preferred drug
when prescribed by name. [2003 1st sp.s. c 29 § 6; 1979 c
110 § 5; 1977 ex.s. c 352 § 6.]
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
69.41.320 Practitioners—Restricted use—Medical
records. (Effective July 1, 2004.) (1)(a) A practitioner shall
not prescribe, administer, or dispense steroids, as defined in
RCW 69.41.300, or any form of autotransfusion for the purpose of manipulating hormones to increase muscle mass,
strength, or weight, or for the purpose of enhancing athletic
ability, without a medical necessity to do so.
(b) A person violating this subsection is guilty of a gross
misdemeanor and is subject to disciplinary action under
RCW 18.130.180.
(2) A practitioner shall complete and maintain patient
medical records which accurately reflect the prescribing,
administering, or dispensing of any substance or drug
described in this section or any form of autotransfusion.
Patient medical records shall indicate the diagnosis and purpose for which the substance, drug, or autotransfusion is prescribed, administered, or dispensed and any additional information upon which the diagnosis is based. [2003 c 53 § 329;
1989 c 369 § 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.41.190
69.41.190 Preferred drug substitution—Exceptions—Notice. (1) Any pharmacist filling a prescription
under a state purchased health care program as defined in
RCW 41.05.011(2) shall substitute, where identified, a preferred drug for any nonpreferred drug in a given therapeutic
class, unless the endorsing practitioner has indicated on the
prescription that the nonpreferred drug must be dispensed as
written, or the prescription is for a refill of an antipsychotic,
antidepressant, chemotherapy, antiretroviral, or immunosuppressive drug, in which case the pharmacist shall dispense the
prescribed nonpreferred drug.
(2) When a substitution is made under subsection (1) of
this section, the dispensing pharmacist shall notify the prescribing practitioner of the specific drug and dose dispensed.
[2003 1st sp.s. c 29 § 5.]
69.41.330
69.41.330 Public warnings—School districts. (Effective July 1, 2004.) The superintendent of public instruction
shall develop and distribute to all school districts signs of
appropriate design and dimensions advising students of the
health risks that steroids present when used solely to enhance
athletic ability, and of the penalties for their unlawful possession provided by RCW 69.41.300 through 69.41.350.
School districts shall post or cause the signs to be posted
in a prominent place for ease of viewing on the premises of
school athletic departments. [2003 c 53 § 330; 1989 c 369 §
5.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.41.350
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
69.41.270
69.41.270 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
69.41.300
69.41.300 Definitions. (Effective July 1, 2004.) For
the purposes of RCW 69.41.300 through 69.41.350, "steroids" shall include the following:
(1) "Anabolic steroids" means synthetic derivatives of
testosterone or any isomer, ester, salt, or derivative that act in
the same manner on the human body;
69.41.350 Penalties. (Effective July 1, 2004.) (1) A
person who violates the provisions of this chapter by possessing under two hundred tablets or eight 2cc bottles of steroid
without a valid prescription is guilty of a gross misdemeanor.
(2) A person who violates the provisions of this chapter
by possessing over two hundred tablets or eight 2cc bottles of
steroid without a valid prescription is guilty of a class C felony and shall be punished according to chapter 9A.20 RCW.
[2003 c 53 § 326; 1989 c 369 § 4; 1983 1st ex.s. c 4 § 4; 1973
1st ex.s. c 186 § 7. Formerly RCW 69.41.070.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1983 1st ex.s. c 4: See note following RCW 9A.48.070.
[2003 RCW Supp—page 795]
Chapter 69.50
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
Chapter 69.50 RCW
UNIFORM CONTROLLED SUBSTANCES ACT
Chapter 69.50
Sections
69.50.101
69.50.320
69.50.401
69.50.4011
69.50.4012
69.50.4013
69.50.4014
69.50.4015
69.50.4016
69.50.402
69.50.403
69.50.406
69.50.408
69.50.410
69.50.415
69.50.416
69.50.430
69.50.435
69.50.440
69.50.505
69.50.520
Definitions.
Registration of department of fish and wildlife for use in
chemical capture programs—Rules.
Prohibited acts: A—Penalties. (Effective July 1, 2004.)
Counterfeit substances—Penalties. (Effective July 1, 2004.)
Delivery of substance in lieu of controlled substance—Penalty. (Effective July 1, 2004.)
Possession of controlled substance—Penalty. (Effective July
1, 2004.)
Possession of forty grams or less of marihuana—Penalty.
(Effective July 1, 2004.)
Involving a person under eighteen in unlawful controlled substance transaction—Penalty. (Effective July 1, 2004.)
Provisions not applicable to offenses under RCW 69.50.410.
(Effective July 1, 2004.)
Prohibited acts: B—Penalties. (Effective July 1, 2004.)
Prohibited acts: C—Penalties. (Effective July 1, 2004.)
Distribution to persons under age eighteen. (Effective July 1,
2004.)
Second or subsequent offenses. (Effective July 1, 2004.)
Prohibited acts: D—Penalties. (Effective July 1, 2004.)
Controlled substances homicide—Penalty. (Effective July 1,
2004.)
Counterfeit substances prohibited—Penalties. (Effective July
1, 2004.)
Additional fine for certain felony violations. (Effective July 1,
2004.)
Violations committed in or on certain public places or facilities—Additional penalty—Defenses—Construction—Definitions. (Effective July 1, 2004.)
Possession with intent to manufacture—Penalty. (Effective
July 1, 2004.)
Seizure and forfeiture. (Effective July 1, 2004.)
Violence reduction and drug enforcement account.
69.50.101
69.50.101 Definitions. Unless the context clearly
requires otherwise, definitions of terms shall be as indicated
where used in this chapter:
(a) "Administer" means to apply a controlled substance,
whether by injection, inhalation, ingestion, or any other
means, directly to the body of a patient or research subject by:
(1) a practitioner authorized to prescribe (or, by the practitioner's authorized agent); or
(2) the patient or research subject at the direction and in
the presence of the practitioner.
(b) "Agent" means an authorized person who acts on
behalf of or at the direction of a manufacturer, distributor, or
dispenser. It does not include a common or contract carrier,
public warehouseperson, or employee of the carrier or warehouseperson.
(c) "Board" means the state board of pharmacy.
(d) "Controlled substance" means a drug, substance, or
immediate precursor included in Schedules I through V as set
forth in federal or state laws, or federal or board rules.
(e)(1) "Controlled substance analog" means a substance
the chemical structure of which is substantially similar to the
chemical structure of a controlled substance in Schedule I or
II and:
(i) that has a stimulant, depressant, or hallucinogenic
effect on the central nervous system substantially similar to
the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in
Schedule I or II; or
(ii) with respect to a particular individual, that the individual represents or intends to have a stimulant, depressant,
or hallucinogenic effect on the central nervous system sub[2003 RCW Supp—page 796]
stantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled
substance included in Schedule I or II.
(2) The term does not include:
(i) a controlled substance;
(ii) a substance for which there is an approved new drug
application;
(iii) a substance with respect to which an exemption is in
effect for investigational use by a particular person under
Section 505 of the federal Food, Drug and Cosmetic Act, 21
U.S.C. Sec. 355, to the extent conduct with respect to the substance is pursuant to the exemption; or
(iv) any substance to the extent not intended for human
consumption before an exemption takes effect with respect to
the substance.
(f) "Deliver" or "delivery," means the actual or constructive transfer from one person to another of a substance,
whether or not there is an agency relationship.
(g) "Department" means the department of health.
(h) "Dispense" means the interpretation of a prescription
or order for a controlled substance and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that
prescription or order for delivery.
(i) "Dispenser" means a practitioner who dispenses.
(j) "Distribute" means to deliver other than by administering or dispensing a controlled substance.
(k) "Distributor" means a person who distributes.
(l) "Drug" means (1) a controlled substance recognized
as a drug in the official United States pharmacopoeia/national
formulary or the official homeopathic pharmacopoeia of the
United States, or any supplement to them; (2) controlled substances intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in individuals or animals;
(3) controlled substances (other than food) intended to affect
the structure or any function of the body of individuals or animals; and (4) controlled substances intended for use as a
component of any article specified in (1), (2), or (3) of this
subsection. The term does not include devices or their components, parts, or accessories.
(m) "Drug enforcement administration" means the drug
enforcement administration in the United States Department
of Justice, or its successor agency.
(n) "Immediate precursor" means a substance:
(1) that the state board of pharmacy has found to be and
by rule designates as being the principal compound commonly used, or produced primarily for use, in the manufacture of a controlled substance;
(2) that is an immediate chemical intermediary used or
likely to be used in the manufacture of a controlled substance;
and
(3) the control of which is necessary to prevent, curtail,
or limit the manufacture of the controlled substance.
(o) "Isomer" means an optical isomer, but in RCW
69.50.101(r)(5), 69.50.204(a) (12) and (34), and
69.50.206(a)(4), the term includes any geometrical isomer; in
RCW 69.50.204(a) (8) and (42), and 69.50.210(c) the term
includes any positional isomer; and in RCW
69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term
includes any positional or geometric isomer.
Uniform Controlled Substances Act
(p) "Manufacture" means the production, preparation,
propagation, compounding, conversion, or processing of a
controlled substance, either directly or indirectly or by
extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination
of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. The term does not include the preparation, compounding, packaging, repackaging, labeling, or
relabeling of a controlled substance:
(1) by a practitioner as an incident to the practitioner's
administering or dispensing of a controlled substance in the
course of the practitioner's professional practice; or
(2) by a practitioner, or by the practitioner's authorized
agent under the practitioner's supervision, for the purpose of,
or as an incident to, research, teaching, or chemical analysis
and not for sale.
(q) "Marijuana" or "marihuana" means all parts of the
plant Cannabis, whether growing or not; the seeds thereof;
the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation
of the plant, its seeds or resin. The term does not include the
mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation
of the mature stalks (except the resin extracted therefrom),
fiber, oil, or cake, or the sterilized seed of the plant which is
incapable of germination.
(r) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances
of vegetable origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis:
(1) Opium, opium derivative, and any derivative of
opium or opium derivative, including their salts, isomers, and
salts of isomers, whenever the existence of the salts, isomers,
and salts of isomers is possible within the specific chemical
designation. The term does not include the isoquinoline alkaloids of opium.
(2) Synthetic opiate and any derivative of synthetic opiate, including their isomers, esters, ethers, salts, and salts of
isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific
chemical designation.
(3) Poppy straw and concentrate of poppy straw.
(4) Coca leaves, except coca leaves and extracts of coca
leaves from which cocaine, ecgonine, and derivatives or
ecgonine or their salts have been removed.
(5) Cocaine, or any salt, isomer, or salt of isomer thereof.
(6) Cocaine base.
(7) Ecgonine, or any derivative, salt, isomer, or salt of
isomer thereof.
(8) Any compound, mixture, or preparation containing
any quantity of any substance referred to in subparagraphs (1)
through (7).
(s) "Opiate" means any substance having an addictionforming or addiction-sustaining liability similar to morphine
or being capable of conversion into a drug having addictionforming or addiction-sustaining liability. The term includes
opium, substances derived from opium (opium derivatives),
and synthetic opiates. The term does not include, unless spe-
69.50.101
cifically designated as controlled under RCW 69.50.201, the
dextrorotatory isomer of 3-methoxy-n-methylmorphinan and
its salts (dextromethorphan). The term includes the racemic
and levorotatory forms of dextromethorphan.
(t) "Opium poppy" means the plant of the species
Papaver somniferum L., except its seeds.
(u) "Person" means individual, corporation, business
trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other
legal or commercial entity.
(v) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
(w) "Practitioner" means:
(1) A physician under chapter 18.71 RCW, a physician
assistant under chapter 18.71A RCW, an osteopathic physician and surgeon under chapter 18.57 RCW, an optometrist
licensed under chapter 18.53 RCW who is certified by the
optometry board under RCW 18.53.010 subject to any limitations in RCW 18.53.010, a dentist under chapter 18.32 RCW,
a podiatric physician and surgeon under chapter 18.22 RCW,
a veterinarian under chapter 18.92 RCW, a registered nurse,
advanced registered nurse practitioner, or licensed practical
nurse under chapter 18.79 RCW, a pharmacist under chapter
18.64 RCW or a scientific investigator under this chapter,
licensed, registered or otherwise permitted insofar as is consistent with those licensing laws to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research
in this state.
(2) A pharmacy, hospital or other institution licensed,
registered, or otherwise permitted to distribute, dispense,
conduct research with respect to or to administer a controlled
substance in the course of professional practice or research in
this state.
(3) A physician licensed to practice medicine and surgery, a physician licensed to practice osteopathic medicine
and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, or a veterinarian licensed to practice veterinary medicine in any state of the United States.
(x) "Prescription" means an order for controlled substances issued by a practitioner duly authorized by law or rule
in the state of Washington to prescribe controlled substances
within the scope of his or her professional practice for a legitimate medical purpose.
(y) "Production" includes the manufacturing, planting,
cultivating, growing, or harvesting of a controlled substance.
(z) "Secretary" means the secretary of health or the secretary's designee.
(aa) "State," unless the context otherwise requires,
means a state of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, or a territory or insular
possession subject to the jurisdiction of the United States.
(bb) "Ultimate user" means an individual who lawfully
possesses a controlled substance for the individual's own use
or for the use of a member of the individual's household or for
administering to an animal owned by the individual or by a
member of the individual's household.
(cc) "Electronic communication of prescription information" means the communication of prescription information
by computer, or the transmission of an exact visual image of
[2003 RCW Supp—page 797]
69.50.320
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
a prescription by facsimile, or other electronic means for
original prescription information or prescription refill information for a Schedule III-V controlled substance between an
authorized practitioner and a pharmacy or the transfer of prescription information for a controlled substance from one
pharmacy to another pharmacy. [2003 c 142 § 4; 1998 c 222
§ 3; 1996 c 178 § 18; 1994 sp.s. c 9 § 739; 1993 c 187 § 1.
Prior: 1990 c 248 § 1; 1990 c 219 § 3; 1990 c 196 § 8; 1989
1st ex.s. c 9 § 429; 1987 c 144 § 2; 1986 c 124 § 1; 1984 c 153
§ 18; 1980 c 71 § 2; 1973 2nd ex.s. c 38 § 1; 1971 ex.s. c 308
§ 69.50.101.]
Severability—2003 c 142: See note following RCW 18.53.010.
Effective date—1996 c 178: See note following RCW 18.35.110.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Finding—1990 c 219: See note following RCW 69.41.030.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1973 2nd ex.s. c 38: "If any of the provisions of this
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the amendatory act, or the application of the provision to other persons or circumstances, or the act prior to its amendment is
not affected." [1973 2nd ex.s. c 38 § 3.]
69.50.320
69.50.320 Registration of department of fish and
wildlife for use in chemical capture programs—Rules.
The department of fish and wildlife may apply to the department of health for registration pursuant to the applicable provisions of this chapter to purchase, possess, and administer
controlled substances for use in chemical capture programs.
The department of fish and wildlife must not permit a person
to administer controlled substances unless the person has
demonstrated adequate knowledge of the potential hazards
and proper techniques to be used in administering controlled
substances.
The department of health may issue a limited registration
to carry out the provisions of this section. The board may
adopt rules to ensure strict compliance with the provisions of
this section. The board, in consultation with the department
of fish and wildlife, must by rule add or remove additional
controlled substances for use in chemical capture programs.
The board shall suspend or revoke registration upon determination that the person administering controlled substances
has not demonstrated adequate knowledge as required by this
section. This authority is granted in addition to any other
power to suspend or revoke registration as provided by law.
[2003 c 175 § 2.]
Findings—2003 c 175: "The legislature finds that the department of
fish and wildlife is responsible for the proper management of the state's
diverse wildlife resources. Wildlife management often requires the department of fish and wildlife to immobilize individual animals in order for the
animals to be moved, treated, examined, or for other legitimate purposes.
The legislature finds that it is often necessary for the department to use certain controlled substances to accomplish these purposes. Therefore, the legislature finds that the department of fish and wildlife, in coordination with
the board of pharmacy, must be enabled to use approved controlled substances in order to accomplish its legitimate wildlife management goals."
[2003 c 175 § 1.]
(2) Any person who violates this section with respect to:
(a) A controlled substance classified in Schedule I or II
which is a narcotic drug or flunitrazepam classified in Schedule IV, is guilty of a class B felony and upon conviction may
be imprisoned for not more than ten years, or (i) fined not
more than twenty-five thousand dollars if the crime involved
less than two kilograms of the drug, or both such imprisonment and fine; or (ii) if the crime involved two or more kilograms of the drug, then fined not more than one hundred
thousand dollars for the first two kilograms and not more than
fifty dollars for each gram in excess of two kilograms, or both
such imprisonment and fine;
(b) Amphetamine or methamphetamine, is guilty of a
class B felony and upon conviction may be imprisoned for
not more than ten years, or (i) fined not more than twenty-five
thousand dollars if the crime involved less than two kilograms of the drug, or both such imprisonment and fine; or (ii)
if the crime involved two or more kilograms of the drug, then
fined not more than one hundred thousand dollars for the first
two kilograms and not more than fifty dollars for each gram
in excess of two kilograms, or both such imprisonment and
fine. Three thousand dollars of the fine may not be suspended. As collected, the first three thousand dollars of the
fine must be deposited with the law enforcement agency having responsibility for cleanup of laboratories, sites, or substances used in the manufacture of the methamphetamine.
The fine moneys deposited with that law enforcement agency
must be used for such clean-up cost;
(c) Any other controlled substance classified in Schedule
I, II, or III, is guilty of a class C felony punishable according
to chapter 9A.20 RCW;
(d) A substance classified in Schedule IV, except flunitrazepam, is guilty of a class C felony punishable according
to chapter 9A.20 RCW; or
(e) A substance classified in Schedule V, is guilty of a
class C felony punishable according to chapter 9A.20 RCW.
[2003 c 53 § 331. Prior: 1998 c 290 § 1; 1998 c 82 § 2; 1997
c 71 § 2; 1996 c 205 § 2; 1989 c 271 § 104; 1987 c 458 § 4;
1979 c 67 § 1; 1973 2nd ex.s. c 2 § 1; 1971 ex.s. c 308 §
69.50.401.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Application—1998 c 290: "This act applies to crimes committed on or
after July 1, 1998." [1998 c 290 § 9.]
Effective date—1998 c 290: "This act takes effect July 1, 1998." [1998
c 290 § 10.]
Severability—1998 c 290: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1998 c 290 § 11.]
Application—1989 c 271 §§ 101-111: See note following RCW
9.94A.510.
Severability—1989 c 271: See note following RCW 9.94A.510.
Severability—1987 c 458: See note following RCW 48.21.160.
Serious drug offenders, notice of release or escape: RCW 9.94A.610.
69.50.4011
69.50.401
69.50.401 Prohibited acts: A—Penalties. (Effective
July 1, 2004.) (1) Except as authorized by this chapter, it is
unlawful for any person to manufacture, deliver, or possess
with intent to manufacture or deliver, a controlled substance.
[2003 RCW Supp—page 798]
69.50.4011 Counterfeit substances—Penalties.
(Effective July 1, 2004.) (1) Except as authorized by this
chapter, it is unlawful for any person to create, deliver, or
possess a counterfeit substance.
(2) Any person who violates this section with respect to:
Uniform Controlled Substances Act
(a) A counterfeit substance classified in Schedule I or II
which is a narcotic drug, or flunitrazepam classified in
Schedule IV, is guilty of a class B felony and upon conviction
may be imprisoned for not more than ten years, fined not
more than twenty-five thousand dollars, or both;
(b) A counterfeit substance which is methamphetamine,
is guilty of a class B felony and upon conviction may be
imprisoned for not more than ten years, fined not more than
twenty-five thousand dollars, or both;
(c) Any other counterfeit substance classified in Schedule I, II, or III, is guilty of a class C felony punishable according to chapter 9A.20 RCW;
(d) A counterfeit substance classified in Schedule IV,
except flunitrazepam, is guilty of a class C felony punishable
according to chapter 9A.20 RCW;
(e) A counterfeit substance classified in Schedule V, is
guilty of a class C felony punishable according to chapter
9A.20 RCW. [2003 c 53 § 332.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.4012
69.50.4012 Delivery of substance in lieu of controlled
substance—Penalty. (Effective July 1, 2004.) (1) It is
unlawful, except as authorized in this chapter and chapter
69.41 RCW, for any person to offer, arrange, or negotiate for
the sale, gift, delivery, dispensing, distribution, or administration of a controlled substance to any person and then sell,
give, deliver, dispense, distribute, or administer to that person
any other liquid, substance, or material in lieu of such controlled substance.
(2) Any person who violates this section is guilty of a
class C felony punishable according to chapter 9A.20 RCW.
[2003 c 53 § 333.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.4013
69.50.4013 Possession of controlled substance—Penalty. (Effective July 1, 2004.) (1) It is unlawful for any person to possess a controlled substance unless the substance
was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his
or her professional practice, or except as otherwise authorized by this chapter.
(2) Except as provided in RCW 69.50.4014, any person
who violates this section is guilty of a class C felony punishable under chapter 9A.20 RCW. [2003 c 53 § 334.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.4014
69.50.4014 Possession of forty grams or less of marihuana—Penalty. (Effective July 1, 2004.) Except as provided in RCW 69.50.401(2)(c), any person found guilty of
possession of forty grams or less of marihuana is guilty of a
misdemeanor. [2003 c 53 § 335.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.4015
69.50.4015 Involving a person under eighteen in
unlawful controlled substance transaction—Penalty.
(Effective July 1, 2004.) (1) It is unlawful to compensate,
threaten, solicit, or in any other manner involve a person
69.50.402
under the age of eighteen years in a transaction unlawfully to
manufacture, sell, or deliver a controlled substance.
(2) A violation of this section is a class C felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 336.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.4016
69.50.4016 Provisions not applicable to offenses
under RCW 69.50.410. (Effective July 1, 2004.) RCW
69.50.401 through 69.50.4015 shall not apply to offenses
defined and punishable under the provisions of RCW
69.50.410. [2003 c 53 § 337.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.402
69.50.402 Prohibited acts: B—Penalties. (Effective
July 1, 2004.) (1) It is unlawful for any person:
(a) Who is subject to Article III to distribute or dispense
a controlled substance in violation of RCW 69.50.308;
(b) Who is a registrant, to manufacture a controlled substance not authorized by his or her registration, or to distribute or dispense a controlled substance not authorized by his
or her registration to another registrant or other authorized
person;
(c) Who is a practitioner, to prescribe, order, dispense,
administer, supply, or give to any person:
(i) Any amphetamine, including its salts, optical isomers,
and salts of optical isomers classified as a schedule II controlled substance by the board of pharmacy pursuant to chapter 34.05 RCW; or
(ii) Any nonnarcotic stimulant classified as a schedule II
controlled substance and designated as a nonnarcotic stimulant by the board of pharmacy pursuant to chapter 34.05
RCW;
except for the treatment of narcolepsy or for the treatment of
hyperkinesis, or for the treatment of drug-induced brain dysfunction, or for the treatment of epilepsy, or for the differential diagnostic psychiatric evaluation of depression, or for the
treatment of depression shown to be refractory to other therapeutic modalities, or for the clinical investigation of the
effects of such drugs or compounds, in which case an investigative protocol therefor shall have been submitted to and
reviewed and approved by the state board of pharmacy before
the investigation has been begun: PROVIDED, That the
board of pharmacy, in consultation with the medical quality
assurance commission and the osteopathic disciplinary
board, may establish by rule, pursuant to chapter 34.05 RCW,
disease states or conditions in addition to those listed in this
subsection for the treatment of which Schedule II nonnarcotic
stimulants may be prescribed, ordered, dispensed, administered, supplied, or given to patients by practitioners: AND
PROVIDED, FURTHER, That investigations by the board of
pharmacy of abuse of prescriptive authority by physicians,
licensed pursuant to chapter 18.71 RCW, pursuant to subsection (1)(c) of this section shall be done in consultation with
the medical quality assurance commission;
(d) To refuse or fail to make, keep or furnish any record,
notification, order form, statement, invoice, or information
required under this chapter;
(e) To refuse an entry into any premises for any inspection authorized by this chapter; or
[2003 RCW Supp—page 799]
69.50.403
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
(f) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other
structure or place, which is resorted to by persons using controlled substances in violation of this chapter for the purpose
of using these substances, or which is used for keeping or
selling them in violation of this chapter.
(2) Any person who violates this section is guilty of a
class C felony and upon conviction may be imprisoned for
not more than two years, fined not more than two thousand
dollars, or both. [2003 c 53 § 338; 1994 sp.s. c 9 § 740; 1980
c 138 § 6; 1979 ex.s. c 119 § 1; 1971 ex.s. c 308 § 69.50.402.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
69.50.403
69.50.403 Prohibited acts: C—Penalties. (Effective
July 1, 2004.) (1) It is unlawful for any person knowingly or
intentionally:
(a) To distribute as a registrant a controlled substance
classified in Schedules I or II, except pursuant to an order
form as required by *RCW 69.50.307;
(b) To use in the course of the manufacture, distribution,
or dispensing of a controlled substance, or to use for the purpose of acquiring or obtaining a controlled substance, a registration number which is fictitious, revoked, suspended, or
issued to another person;
(c) To obtain or attempt to obtain a controlled substance,
or procure or attempt to procure the administration of a controlled substance, (i) by fraud, deceit, misrepresentation, or
subterfuge; or (ii) by forgery or alteration of a prescription or
any written order; or (iii) by the concealment of material fact;
or (iv) by the use of a false name or the giving of a false
address;
(d) To falsely assume the title of, or represent herself or
himself to be, a manufacturer, wholesaler, pharmacist, physician, dentist, veterinarian, or other authorized person for the
purpose of obtaining a controlled substance;
(e) To make or utter any false or forged prescription or
false or forged written order;
(f) To affix any false or forged label to a package or
receptacle containing controlled substances;
(g) To furnish false or fraudulent material information
in, or omit any material information from, any application,
report, or other document required to be kept or filed under
this chapter, or any record required to be kept by this chapter;
(h) To possess a false or fraudulent prescription with
intent to obtain a controlled substance; or
(i) To attempt to illegally obtain controlled substances by
providing more than one name to a practitioner when obtaining a prescription for a controlled substance. If a person's
name is legally changed during the time period that he or she
is receiving health care from a practitioner, the person shall
inform all providers of care so that the medical and pharmacy
records for the person may be filed under a single name identifier.
(2) Information communicated to a practitioner in an
effort unlawfully to procure a controlled substance or unlawfully to procure the administration of such substance, shall
not be deemed a privileged communication.
[2003 RCW Supp—page 800]
(3) A person who violates this section is guilty of a class
C felony and upon conviction may be imprisoned for not
more than two years, or fined not more than two thousand
dollars, or both. [2003 c 53 § 339; 1996 c 255 § 1; 1993 c 187
§ 21; 1971 ex.s. c 308 § 69.50.403.]
*Reviser's note: RCW 69.50.307 was repealed by 2001 c 248 § 2.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.406
69.50.406 Distribution to persons under age eighteen.
(Effective July 1, 2004.) (1) Any person eighteen years of
age or over who violates RCW 69.50.401 by distributing a
controlled substance listed in Schedules I or II which is a narcotic drug or methamphetamine, or flunitrazepam listed in
Schedule IV, to a person under eighteen years of age is guilty
of a class A felony punishable by the fine authorized by RCW
69.50.401(2) (a) or (b), by a term of imprisonment of up to
twice that authorized by RCW 69.50.401(2) (a) or (b), or by
both.
(2) Any person eighteen years of age or over who violates RCW 69.50.401 by distributing any other controlled
substance listed in Schedules I, II, III, IV, and V to a person
under eighteen years of age who is at least three years his or
her junior is guilty of a class B felony punishable by the fine
authorized by RCW 69.50.401(2) (c), (d), or (e), by a term of
imprisonment up to twice that authorized by RCW
69.50.401(2) (c), (d), or (e), or both. [2003 c 53 § 340; 1998
c 290 § 2; 1996 c 205 § 7; 1987 c 458 § 5; 1971 ex.s. c 308 §
69.50.406.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Application—Effective date—Severability—1998 c 290: See notes
following RCW 69.50.401.
Severability—1987 c 458: See note following RCW 48.21.160.
69.50.408
69.50.408 Second or subsequent offenses. (Effective
July 1, 2004.) (1) Any person convicted of a second or subsequent offense under this chapter may be imprisoned for a
term up to twice the term otherwise authorized, fined an
amount up to twice that otherwise authorized, or both.
(2) For purposes of this section, an offense is considered
a second or subsequent offense, if, prior to his or her conviction of the offense, the offender has at any time been convicted under this chapter or under any statute of the United
States or of any state relating to narcotic drugs, marihuana,
depressant, stimulant, or hallucinogenic drugs.
(3) This section does not apply to offenses under RCW
69.50.4013. [2003 c 53 § 341; 1989 c 8 § 3; 1971 ex.s. c 308
§ 69.50.408.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.410
69.50.410 Prohibited acts: D—Penalties. (Effective
July 1, 2004.) (1) Except as authorized by this chapter it is a
class C felony for any person to sell for profit any controlled
substance or counterfeit substance classified in Schedule I,
RCW 69.50.204, except leaves and flowering tops of marihuana.
For the purposes of this section only, the following
words and phrases shall have the following meanings:
Uniform Controlled Substances Act
(a) "To sell" means the passing of title and possession of
a controlled substance from the seller to the buyer for a price
whether or not the price is paid immediately or at a future
date.
(b) "For profit" means the obtaining of anything of value
in exchange for a controlled substance.
(c) "Price" means anything of value.
(2)(a) Any person convicted of a violation of subsection
(1) of this section shall receive a sentence of not more than
five years in a correctional facility of the department of social
and health services for the first offense.
(b) Any person convicted on a second or subsequent
cause, the sale having transpired after prosecution and conviction on the first cause, of subsection (1) of this section
shall receive a mandatory sentence of five years in a correctional facility of the department of social and health services
and no judge of any court shall suspend or defer the sentence
imposed for the second or subsequent violation of subsection
(1) of this section.
(3)(a) Any person convicted of a violation of subsection
(1) of this section by selling heroin shall receive a mandatory
sentence of two years in a correctional facility of the department of social and health services and no judge of any court
shall suspend or defer the sentence imposed for such violation.
(b) Any person convicted on a second or subsequent sale
of heroin, the sale having transpired after prosecution and
conviction on the first cause of the sale of heroin shall receive
a mandatory sentence of ten years in a correctional facility of
the department of social and health services and no judge of
any court shall suspend or defer the sentence imposed for this
second or subsequent violation: PROVIDED, That the indeterminate sentence review board under RCW 9.95.040 shall
not reduce the minimum term imposed for a violation under
this subsection.
(4) Whether or not a mandatory minimum term has
expired, an offender serving a sentence under this section
may be granted an extraordinary medical placement when
authorized under RCW 9.94A.728(4).
(5) In addition to the sentences provided in subsection
(2) of this section, any person convicted of a violation of subsection (1) of this section shall be fined in an amount calculated to at least eliminate any and all proceeds or profits
directly or indirectly gained by such person as a result of
sales of controlled substances in violation of the laws of this
or other states, or the United States, up to the amount of five
hundred thousand dollars on each count.
(6) Any person, addicted to the use of controlled substances, who voluntarily applies to the department of social
and health services for the purpose of participating in a rehabilitation program approved by the department for addicts of
controlled substances shall be immune from prosecution for
subsection (1) offenses unless a filing of an information or
indictment against such person for a violation of subsection
(1) of this section is made prior to his or her voluntary participation in the program of the department of social and health
services. All applications for immunity under this section
shall be sent to the department of social and health services in
Olympia. It shall be the duty of the department to stamp each
application received pursuant to this section with the date and
time of receipt.
69.50.430
(7) This section shall not apply to offenses defined and
punishable under the provisions of RCW 69.50.401 through
69.50.4015. [2003 c 53 § 342; 1999 c 324 § 6; 1975-'76 2nd
ex.s. c 103 § 1; 1973 2nd ex.s. c 2 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.415
69.50.415 Controlled substances homicide—Penalty.
(Effective July 1, 2004.) (1) A person who unlawfully delivers a controlled substance in violation of RCW 69.50.401(2)
(a), (b), or (c) which controlled substance is subsequently
used by the person to whom it was delivered, resulting in the
death of the user, is guilty of controlled substances homicide.
(2) Controlled substances homicide is a class B felony
punishable according to chapter 9A.20 RCW. [2003 c 53 §
343; 1996 c 205 § 8; 1987 c 458 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1987 c 458: See note following RCW 48.21.160.
69.50.416
69.50.416 Counterfeit substances prohibited—Penalties. (Effective July 1, 2004.) (1) It is unlawful for any person knowingly or intentionally to manufacture, deliver, or
possess with intent to manufacture or deliver, a controlled
substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other
identifying mark, imprint, number, or device, or any likeness
thereof, of a manufacturer, distributor, or dispenser, other
than the person who in fact manufactured, distributed, or dispensed the substance.
(2) It is unlawful for any person knowingly or intentionally to make, distribute, or possess a punch, die, plate, stone,
or other thing designed to print, imprint, or reproduce the
trademark, trade name, or other identifying mark, imprint, or
device of another or any likeness of any of the foregoing
upon any drug or container or labeling thereof.
(3) A person who violates this section is guilty of a class
C felony and upon conviction may be imprisoned for not
more than two years, fined not more than two thousand dollars, or both. [2003 c 53 § 344; 1993 c 187 § 22.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.430
69.50.430 Additional fine for certain felony violations. (Effective July 1, 2004.) (1) Every person convicted
of a felony violation of RCW 69.50.401 through 69.50.4013,
69.50.4015, 69.50.402, 69.50.403, 69.50.406, 69.50.407,
69.50.410, or 69.50.415 shall be fined one thousand dollars in
addition to any other fine or penalty imposed. Unless the
court finds the person to be indigent, this additional fine shall
not be suspended or deferred by the court.
(2) On a second or subsequent conviction for violation of
any of the laws listed in subsection (1) of this section, the person shall be fined two thousand dollars in addition to any
other fine or penalty imposed. Unless the court finds the person to be indigent, this additional fine shall not be suspended
or deferred by the court. [2003 c 53 § 345; 1989 c 271 § 106.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Application—1989 c 271 §§ 101-111: See note following RCW
9.94A.510.
[2003 RCW Supp—page 801]
69.50.435
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
Severability—1989 c 271: See note following RCW 9.94A.510.
69.50.435
69.50.435 Violations committed in or on certain public places or facilities—Additional penalty—Defenses—
Construction—Definitions. (Effective July 1, 2004.) (1)
Any person who violates RCW 69.50.401 by manufacturing,
selling, delivering, or possessing with the intent to manufacture, sell, or deliver a controlled substance listed under RCW
69.50.401 or who violates RCW 69.50.410 by selling for
profit any controlled substance or counterfeit substance classified in schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana to a person:
(a) In a school;
(b) On a school bus;
(c) Within one thousand feet of a school bus route stop
designated by the school district;
(d) Within one thousand feet of the perimeter of the
school grounds;
(e) In a public park;
(f) In a public housing project designated by a local governing authority as a drug-free zone;
(g) On a public transit vehicle;
(h) In a public transit stop shelter;
(i) At a civic center designated as a drug-free zone by the
local governing authority; or
(j) Within one thousand feet of the perimeter of a facility
designated under (i) of this subsection, if the local governing
authority specifically designates the one thousand foot perimeter
may be punished by a fine of up to twice the fine otherwise
authorized by this chapter, but not including twice the fine
authorized by RCW 69.50.406, or by imprisonment of up to
twice the imprisonment otherwise authorized by this chapter,
but not including twice the imprisonment authorized by
RCW 69.50.406, or by both such fine and imprisonment. The
provisions of this section shall not operate to more than double the fine or imprisonment otherwise authorized by this
chapter for an offense.
(2) It is not a defense to a prosecution for a violation of
this section that the person was unaware that the prohibited
conduct took place while in a school or school bus or within
one thousand feet of the school or school bus route stop, in a
public park, in a public housing project designated by a local
governing authority as a drug-free zone, on a public transit
vehicle, in a public transit stop shelter, at a civic center designated as a drug-free zone by the local governing authority, or
within one thousand feet of the perimeter of a facility designated under subsection (1)(i) of this section, if the local governing authority specifically designates the one thousand foot
perimeter.
(3) It is not a defense to a prosecution for a violation of
this section or any other prosecution under this chapter that
persons under the age of eighteen were not present in the
school, the school bus, the public park, the public housing
project designated by a local governing authority as a drugfree zone, or the public transit vehicle, or at the school bus
route stop, the public transit vehicle stop shelter, at a civic
center designated as a drug-free zone by the local governing
authority, or within one thousand feet of the perimeter of a
facility designated under subsection (1)(i) of this section, if
the local governing authority specifically designates the one
[2003 RCW Supp—page 802]
thousand foot perimeter at the time of the offense or that
school was not in session.
(4) It is an affirmative defense to a prosecution for a violation of this section that the prohibited conduct took place
entirely within a private residence, that no person under eighteen years of age or younger was present in such private residence at any time during the commission of the offense, and
that the prohibited conduct did not involve delivering, manufacturing, selling, or possessing with the intent to manufacture, sell, or deliver any controlled substance in RCW
69.50.401 for profit. The affirmative defense established in
this section shall be proved by the defendant by a preponderance of the evidence. This section shall not be construed to
establish an affirmative defense with respect to a prosecution
for an offense defined in any other section of this chapter.
(5) In a prosecution under this section, a map produced
or reproduced by any municipality, school district, county,
transit authority engineer, or public housing authority for the
purpose of depicting the location and boundaries of the area
on or within one thousand feet of any property used for a
school, school bus route stop, public park, public housing
project designated by a local governing authority as a drugfree zone, public transit vehicle stop shelter, or a civic center
designated as a drug-free zone by a local governing authority,
or a true copy of such a map, shall under proper authentication, be admissible and shall constitute prima facie evidence
of the location and boundaries of those areas if the governing
body of the municipality, school district, county, or transit
authority has adopted a resolution or ordinance approving the
map as the official location and record of the location and
boundaries of the area on or within one thousand feet of the
school, school bus route stop, public park, public housing
project designated by a local governing authority as a drugfree zone, public transit vehicle stop shelter, or civic center
designated as a drug-free zone by a local governing authority.
Any map approved under this section or a true copy of the
map shall be filed with the clerk of the municipality or
county, and shall be maintained as an official record of the
municipality or county. This section shall not be construed as
precluding the prosecution from introducing or relying upon
any other evidence or testimony to establish any element of
the offense. This section shall not be construed as precluding
the use or admissibility of any map or diagram other than the
one which has been approved by the governing body of a
municipality, school district, county, transit authority, or public housing authority if the map or diagram is otherwise
admissible under court rule.
(6) As used in this section the following terms have the
meanings indicated unless the context clearly requires otherwise:
(a) "School" has the meaning under RCW 28A.150.010
or 28A.150.020. The term "school" also includes a private
school approved under RCW 28A.195.010;
(b) "School bus" means a school bus as defined by the
superintendent of public instruction by rule which is owned
and operated by any school district and all school buses
which are privately owned and operated under contract or
otherwise with any school district in the state for the transportation of students. The term does not include buses operated
by common carriers in the urban transportation of students
Uniform Controlled Substances Act
such as transportation of students through a municipal transportation system;
(c) "School bus route stop" means a school bus stop as
designated by a school district;
(d) "Public park" means land, including any facilities or
improvements on the land, that is operated as a park by the
state or a local government;
(e) "Public transit vehicle" means any motor vehicle,
street car, train, trolley vehicle, or any other device, vessel, or
vehicle which is owned or operated by a transit authority and
which is used for the purpose of carrying passengers on a regular schedule;
(f) "Transit authority" means a city, county, or state
transportation system, transportation authority, public transportation benefit area, public transit authority, or metropolitan municipal corporation within the state that operates public transit vehicles;
(g) "Stop shelter" means a passenger shelter designated
by a transit authority;
(h) "Civic center" means a publicly owned or publicly
operated place or facility used for recreational, educational,
or cultural activities;
(i) "Public housing project" means the same as "housing
project" as defined in RCW 35.82.020. [2003 c 53 § 346.
Prior: 1997 c 30 § 2; 1997 c 23 § 1; 1996 c 14 § 2; 1991 c 32
§ 4; prior: 1990 c 244 § 1; 1990 c 33 § 588; 1989 c 271 §
112.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Findings—Intent—1997 c 30: "The legislature finds that a large number of illegal drug transactions occur in or near public housing projects. The
legislature also finds that this activity places the families and children residing in these housing projects at risk for drug-related crimes and increases the
general level of fear among the residents of the housing project and the areas
surrounding these projects. The intent of the legislature is to allow local governments to designate public housing projects as drug-free zones." [1997 c
30 § 1.]
Findings—Intent—1996 c 14: "The legislature finds that a large number of illegal drug transactions occur in or near publicly owned places used
for recreational, educational, and cultural purposes. The legislature also
finds that this activity places the people using these facilities at risk for drugrelated crimes, discourages the use of recreational, educational, and cultural
facilities, blights the economic development around these facilities, and
increases the general level of fear among the residents of the areas surrounding these facilities. The intent of the legislature is to allow local governments to designate a perimeter of one thousand feet around publicly owned
places used primarily for recreation, education, and cultural activities as
drug-free zones." [1996 c 14 § 1.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1989 c 271: See note following RCW 9.94A.510.
69.50.440
69.50.440 Possession with intent to manufacture—
Penalty. (Effective July 1, 2004.) (1) It is unlawful for any
person to possess ephedrine or any of its salts or isomers or
salts of isomers, pseudoephedrine or any of its salts or isomers or salts of isomers, pressurized ammonia gas, or pressurized ammonia gas solution with intent to manufacture
methamphetamine.
(2) Any person who violates this section is guilty of a
class B felony and may be imprisoned for not more than ten
years, fined not more than twenty-five thousand dollars, or
both. Three thousand dollars of the fine may not be suspended. As collected, the first three thousand dollars of the
69.50.505
fine must be deposited with the law enforcement agency having responsibility for cleanup of laboratories, sites, or substances used in the manufacture of the methamphetamine.
The fine moneys deposited with that law enforcement agency
must be used for such clean-up cost. [2003 c 53 § 347; 2002
c 134 § 1; 2000 c 225 § 4; 1997 c 71 § 3; 1996 c 205 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2002 c 134: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 26, 2002]." [2002 c 134 § 5.]
Severability—2000 c 225: See note following RCW 69.55.010.
69.50.505
69.50.505 Seizure and forfeiture. (Effective July 1,
2004.) (1) The following are subject to seizure and forfeiture
and no property right exists in them:
(a) All controlled substances which have been manufactured, distributed, dispensed, acquired, or possessed in violation of this chapter or chapter 69.41 or 69.52 RCW, and all
hazardous chemicals, as defined in RCW 64.44.010, used or
intended to be used in the manufacture of controlled substances;
(b) All raw materials, products, and equipment of any
kind which are used, or intended for use, in manufacturing,
compounding, processing, delivering, importing, or exporting any controlled substance in violation of this chapter or
chapter 69.41 or 69.52 RCW;
(c) All property which is used, or intended for use, as a
container for property described in (a) or (b) of this subsection;
(d) All conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, in any manner to
facilitate the sale, delivery, or receipt of property described in
(a) or (b) of this subsection, except that:
(i) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the
owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter or chapter
69.41 or 69.52 RCW;
(ii) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the
owner thereof to have been committed or omitted without the
owner's knowledge or consent;
(iii) No conveyance is subject to forfeiture under this
section if used in the receipt of only an amount of marijuana
for which possession constitutes a misdemeanor under RCW
69.50.4014;
(iv) A forfeiture of a conveyance encumbered by a bona
fide security interest is subject to the interest of the secured
party if the secured party neither had knowledge of nor consented to the act or omission; and
(v) When the owner of a conveyance has been arrested
under this chapter or chapter 69.41 or 69.52 RCW the conveyance in which the person is arrested may not be subject to
forfeiture unless it is seized or process is issued for its seizure
within ten days of the owner's arrest;
(e) All books, records, and research products and materials, including formulas, microfilm, tapes, and data which are
[2003 RCW Supp—page 803]
69.50.505
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
used, or intended for use, in violation of this chapter or chapter 69.41 or 69.52 RCW;
(f) All drug paraphernalia;
(g) All moneys, negotiable instruments, securities, or
other tangible or intangible property of value furnished or
intended to be furnished by any person in exchange for a controlled substance in violation of this chapter or chapter 69.41
or 69.52 RCW, all tangible or intangible personal property,
proceeds, or assets acquired in whole or in part with proceeds
traceable to an exchange or series of exchanges in violation
of this chapter or chapter 69.41 or 69.52 RCW, and all moneys, negotiable instruments, and securities used or intended
to be used to facilitate any violation of this chapter or chapter
69.41 or 69.52 RCW. A forfeiture of money, negotiable
instruments, securities, or other tangible or intangible property encumbered by a bona fide security interest is subject to
the interest of the secured party if, at the time the security
interest was created, the secured party neither had knowledge
of nor consented to the act or omission. No personal property
may be forfeited under this subsection (1)(g), to the extent of
the interest of an owner, by reason of any act or omission
which that owner establishes was committed or omitted without the owner's knowledge or consent; and
(h) All real property, including any right, title, and interest in the whole of any lot or tract of land, and any appurtenances or improvements which are being used with the
knowledge of the owner for the manufacturing, compounding, processing, delivery, importing, or exporting of any controlled substance, or which have been acquired in whole or in
part with proceeds traceable to an exchange or series of
exchanges in violation of this chapter or chapter 69.41 or
69.52 RCW, if such activity is not less than a class C felony
and a substantial nexus exists between the commercial production or sale of the controlled substance and the real property. However:
(i) No property may be forfeited pursuant to this subsection (1)(h), to the extent of the interest of an owner, by reason
of any act or omission committed or omitted without the
owner's knowledge or consent;
(ii) The bona fide gift of a controlled substance, legend
drug, or imitation controlled substance shall not result in the
forfeiture of real property;
(iii) The possession of marijuana shall not result in the
forfeiture of real property unless the marijuana is possessed
for commercial purposes, the amount possessed is five or
more plants or one pound or more of marijuana, and a substantial nexus exists between the possession of marijuana and
the real property. In such a case, the intent of the offender
shall be determined by the preponderance of the evidence,
including the offender's prior criminal history, the amount of
marijuana possessed by the offender, the sophistication of the
activity or equipment used by the offender, and other evidence which demonstrates the offender's intent to engage in
commercial activity;
(iv) The unlawful sale of marijuana or a legend drug
shall not result in the forfeiture of real property unless the
sale was forty grams or more in the case of marijuana or one
hundred dollars or more in the case of a legend drug, and a
substantial nexus exists between the unlawful sale and the
real property; and
[2003 RCW Supp—page 804]
(v) A forfeiture of real property encumbered by a bona
fide security interest is subject to the interest of the secured
party if the secured party, at the time the security interest was
created, neither had knowledge of nor consented to the act or
omission.
(2) Real or personal property subject to forfeiture under
this chapter may be seized by any board inspector or law
enforcement officer of this state upon process issued by any
superior court having jurisdiction over the property. Seizure
of real property shall include the filing of a lis pendens by the
seizing agency. Real property seized under this section shall
not be transferred or otherwise conveyed until ninety days
after seizure or until a judgment of forfeiture is entered,
whichever is later: PROVIDED, That real property seized
under this section may be transferred or conveyed to any person or entity who acquires title by foreclosure or deed in lieu
of foreclosure of a security interest. Seizure of personal
property without process may be made if:
(a) The seizure is incident to an arrest or a search under a
search warrant or an inspection under an administrative
inspection warrant;
(b) The property subject to seizure has been the subject
of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this chapter;
(c) A board inspector or law enforcement officer has
probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(d) The board inspector or law enforcement officer has
probable cause to believe that the property was used or is
intended to be used in violation of this chapter.
(3) In the event of seizure pursuant to subsection (2) of
this section, proceedings for forfeiture shall be deemed commenced by the seizure. The law enforcement agency under
whose authority the seizure was made shall cause notice to be
served within fifteen days following the seizure on the owner
of the property seized and the person in charge thereof and
any person having any known right or interest therein, including any community property interest, of the seizure and
intended forfeiture of the seized property. Service of notice
of seizure of real property shall be made according to the
rules of civil procedure. However, the state may not obtain a
default judgment with respect to real property against a party
who is served by substituted service absent an affidavit stating that a good faith effort has been made to ascertain if the
defaulted party is incarcerated within the state, and that there
is no present basis to believe that the party is incarcerated
within the state. Notice of seizure in the case of property subject to a security interest that has been perfected by filing a
financing statement in accordance with chapter 62A.9A
RCW, or a certificate of title, shall be made by service upon
the secured party or the secured party's assignee at the
address shown on the financing statement or the certificate of
title. The notice of seizure in other cases may be served by
any method authorized by law or court rule including but not
limited to service by certified mail with return receipt
requested. Service by mail shall be deemed complete upon
mailing within the fifteen day period following the seizure.
(4) If no person notifies the seizing law enforcement
agency in writing of the person's claim of ownership or right
to possession of items specified in subsection (1)(d), (g), or
(h) of this section within forty-five days of the seizure in the
Uniform Controlled Substances Act
case of personal property and ninety days in the case of real
property, the item seized shall be deemed forfeited. The
community property interest in real property of a person
whose spouse committed a violation giving rise to seizure of
the real property may not be forfeited if the person did not
participate in the violation.
(5) If any person notifies the seizing law enforcement
agency in writing of the person's claim of ownership or right
to possession of items specified in subsection (1)(b), (c), (d),
(e), (f), (g), or (h) of this section within forty-five days of the
seizure in the case of personal property and ninety days in the
case of real property, the person or persons shall be afforded
a reasonable opportunity to be heard as to the claim or right.
The hearing shall be before the chief law enforcement officer
of the seizing agency or the chief law enforcement officer's
designee, except where the seizing agency is a state agency as
defined in RCW 34.12.020(4), the hearing shall be before the
chief law enforcement officer of the seizing agency or an
administrative law judge appointed under chapter 34.12
RCW, except that any person asserting a claim or right may
remove the matter to a court of competent jurisdiction.
Removal of any matter involving personal property may only
be accomplished according to the rules of civil procedure.
The person seeking removal of the matter must serve process
against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of
interest, in accordance with RCW 4.28.080 or 4.92.020,
within forty-five days after the person seeking removal has
notified the seizing law enforcement agency of the person's
claim of ownership or right to possession. The court to which
the matter is to be removed shall be the district court when the
aggregate value of personal property is within the jurisdictional limit set forth in RCW 3.66.020. A hearing before the
seizing agency and any appeal therefrom shall be under Title
34 RCW. In all cases, the burden of proof is upon the law
enforcement agency to establish, by a preponderance of the
evidence, that the property is subject to forfeiture.
The seizing law enforcement agency shall promptly
return the article or articles to the claimant upon a determination by the administrative law judge or court that the claimant
is the present lawful owner or is lawfully entitled to possession thereof of items specified in subsection (1)(b), (c), (d),
(e), (f), (g), or (h) of this section.
(6) In any proceeding to forfeit property under this title,
where the claimant substantially prevails, the claimant is entitled to reasonable attorneys' fees reasonably incurred by the
claimant. In addition, in a court hearing between two or more
claimants to the article or articles involved, the prevailing
party is entitled to a judgment for costs and reasonable attorneys' fees.
(7) When property is forfeited under this chapter the
board or seizing law enforcement agency may:
(a) Retain it for official use or upon application by any
law enforcement agency of this state release such property to
such agency for the exclusive use of enforcing the provisions
of this chapter;
(b) Sell that which is not required to be destroyed by law
and which is not harmful to the public;
(c) Request the appropriate sheriff or director of public
safety to take custody of the property and remove it for disposition in accordance with law; or
69.50.505
(d) Forward it to the drug enforcement administration for
disposition.
(8)(a) When property is forfeited, the seizing agency
shall keep a record indicating the identity of the prior owner,
if known, a description of the property, the disposition of the
property, the value of the property at the time of seizure, and
the amount of proceeds realized from disposition of the property.
(b) Each seizing agency shall retain records of forfeited
property for at least seven years.
(c) Each seizing agency shall file a report including a
copy of the records of forfeited property with the state treasurer each calendar quarter.
(d) The quarterly report need not include a record of forfeited property that is still being held for use as evidence during the investigation or prosecution of a case or during the
appeal from a conviction.
(9)(a) By January 31st of each year, each seizing agency
shall remit to the state treasurer an amount equal to ten percent of the net proceeds of any property forfeited during the
preceding calendar year. Money remitted shall be deposited
in the violence reduction and drug enforcement account
under RCW 69.50.520.
(b) The net proceeds of forfeited property is the value of
the forfeitable interest in the property after deducting the cost
of satisfying any bona fide security interest to which the
property is subject at the time of seizure; and in the case of
sold property, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling
agents, and the cost of any valid landlord's claim for damages
under subsection (15) of this section.
(c) The value of sold forfeited property is the sale price.
The value of retained forfeited property is the fair market
value of the property at the time of seizure, determined when
possible by reference to an applicable commonly used index,
such as the index used by the department of licensing for valuation of motor vehicles. A seizing agency may use, but need
not use, an independent qualified appraiser to determine the
value of retained property. If an appraiser is used, the value
of the property appraised is net of the cost of the appraisal.
The value of destroyed property and retained firearms or illegal property is zero.
(10) Forfeited property and net proceeds not required to
be paid to the state treasurer shall be retained by the seizing
law enforcement agency exclusively for the expansion and
improvement of controlled substances related law enforcement activity. Money retained under this section may not be
used to supplant preexisting funding sources.
(11) Controlled substances listed in Schedule I, II, III,
IV, and V that are possessed, transferred, sold, or offered for
sale in violation of this chapter are contraband and shall be
seized and summarily forfeited to the state. Controlled substances listed in Schedule I, II, III, IV, and V, which are
seized or come into the possession of the board, the owners of
which are unknown, are contraband and shall be summarily
forfeited to the board.
(12) Species of plants from which controlled substances
in Schedules I and II may be derived which have been planted
or cultivated in violation of this chapter, or of which the owners or cultivators are unknown, or which are wild growths,
may be seized and summarily forfeited to the board.
[2003 RCW Supp—page 805]
69.50.520
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
(13) The failure, upon demand by a board inspector or
law enforcement officer, of the person in occupancy or in
control of land or premises upon which the species of plants
are growing or being stored to produce an appropriate registration or proof that he or she is the holder thereof constitutes
authority for the seizure and forfeiture of the plants.
(14) Upon the entry of an order of forfeiture of real property, the court shall forward a copy of the order to the assessor of the county in which the property is located. Orders for
the forfeiture of real property shall be entered by the superior
court, subject to court rules. Such an order shall be filed by
the seizing agency in the county auditor's records in the
county in which the real property is located.
(15) A landlord may assert a claim against proceeds from
the sale of assets seized and forfeited under subsection (7)(b)
of this section, only if:
(a) A law enforcement officer, while acting in his or her
official capacity, directly caused damage to the complaining
landlord's property while executing a search of a tenant's residence; and
(b) The landlord has applied any funds remaining in the
tenant's deposit, to which the landlord has a right under chapter 59.18 RCW, to cover the damage directly caused by a law
enforcement officer prior to asserting a claim under the provisions of this section;
(i) Only if the funds applied under (b) of this subsection
are insufficient to satisfy the damage directly caused by a law
enforcement officer, may the landlord seek compensation for
the damage by filing a claim against the governmental entity
under whose authority the law enforcement agency operates
within thirty days after the search;
(ii) Only if the governmental entity denies or fails to
respond to the landlord's claim within sixty days of the date
of filing, may the landlord collect damages under this subsection by filing within thirty days of denial or the expiration of
the sixty-day period, whichever occurs first, a claim with the
seizing law enforcement agency. The seizing law enforcement agency must notify the landlord of the status of the
claim by the end of the thirty-day period. Nothing in this section requires the claim to be paid by the end of the sixty-day
or thirty-day period.
(c) For any claim filed under (b) of this subsection, the
law enforcement agency shall pay the claim unless the
agency provides substantial proof that the landlord either:
(i) Knew or consented to actions of the tenant in violation of this chapter or chapter 69.41 or 69.52 RCW; or
(ii) Failed to respond to a notification of the illegal activity, provided by a law enforcement agency under RCW
59.18.075, within seven days of receipt of notification of the
illegal activity.
(16) The landlord's claim for damages under subsection
(15) of this section may not include a claim for loss of business and is limited to:
(a) Damage to tangible property and clean-up costs;
(b) The lesser of the cost of repair or fair market value of
the damage directly caused by a law enforcement officer;
(c) The proceeds from the sale of the specific tenant's
property seized and forfeited under subsection (7)(b) of this
section; and
(d) The proceeds available after the seizing law enforcement agency satisfies any bona fide security interest in the
[2003 RCW Supp—page 806]
tenant's property and costs related to sale of the tenant's property as provided by subsection (9)(b) of this section.
(17) Subsections (15) and (16) of this section do not limit
any other rights a landlord may have against a tenant to collect for damages. However, if a law enforcement agency satisfies a landlord's claim under subsection (15) of this section,
the rights the landlord has against the tenant for damages
directly caused by a law enforcement officer under the terms
of the landlord and tenant's contract are subrogated to the law
enforcement agency. [2003 c 53 § 348; 2001 c 168 § 1; 1993
c 487 § 1; 1992 c 211 § 1. Prior: (1992 c 210 § 5 repealed by
1992 c 211 § 2); 1990 c 248 § 2; 1990 c 213 § 12; 1989 c 271
§ 212; 1988 c 282 § 2; 1986 c 124 § 9; 1984 c 258 § 333; 1983
c 2 § 15; prior: 1982 c 189 § 6; 1982 c 171 § 1; prior: 1981
c 67 § 32; 1981 c 48 § 3; 1977 ex.s. c 77 § 1; 1971 ex.s. c 308
§ 69.50.505.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—2001 c 168: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2001 c 168 § 5.]
Effective date—1990 c 213 §§ 2 and 12: See note following RCW
64.44.010.
Severability—1990 c 213: See RCW 64.44.901.
Findings—1989 c 271: "The legislature finds that: Drug offenses and
crimes resulting from illegal drug use are destructive to society; the nature of
drug trafficking results in many property crimes and crimes of violence; state
and local governmental agencies incur immense expenses in the investigation, prosecution, adjudication, incarceration, and treatment of drug-related
offenders and the compensation of their victims; drug-related offenses are
difficult to eradicate because of the profits derived from the criminal activities, which can be invested in legitimate assets and later used for further
criminal activities; and the forfeiture of real assets where a substantial nexus
exists between the commercial production or sale of the substances and the
real property will provide a significant deterrent to crime by removing the
profit incentive of drug trafficking, and will provide a revenue source that
will partially defray the large costs incurred by government as a result of
these crimes. The legislature recognizes that seizure of real property is a
very powerful tool and should not be applied in cases in which a manifest
injustice would occur as a result of forfeiture of an innocent spouse's community property interest." [1989 c 271 § 211.]
Severability—1989 c 271: See note following RCW 9.94A.510.
Severability—1988 c 282: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1988 c 282 § 3.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Severability—1983 c 2: See note following RCW 18.71.030.
Effective date—1982 c 189: See note following RCW 34.12.020.
Severability—Effective date—1982 c 171: See RCW 69.52.900 and
69.52.901.
Severability—1981 c 48: See note following RCW 69.50.102.
69.50.520
69.50.520 Violence reduction and drug enforcement
account. The violence reduction and drug enforcement
account is created in the state treasury. All designated
receipts from RCW 9.41.110(8), 66.24.210(4), 66.24.290(2),
*69.50.505(i)(1), 82.08.150(5), 82.24.020(2), 82.64.020, and
section 420, chapter 271, Laws of 1989 shall be deposited
into the account. Expenditures from the account may be used
only for funding services and programs under chapter 271,
Laws of 1989 and chapter 7, Laws of 1994 sp. sess., includ-
Kosher Food Products
ing state incarceration costs. Funds from the account may
also be appropriated to reimburse local governments for costs
associated with implementing criminal justice legislation
including chapter 338, Laws of 1997. During the 2003-2005
biennium, funds from the account may also be used for costs
associated with providing grants to local governments in
accordance with chapter 338, Laws of 1997, funding drug
offender treatment services in accordance with RCW
70.96A.350, maintenance and operating costs of the Washington association of sheriffs and police chiefs jail reporting
system, civil indigent legal representation, multijurisdictional
narcotics task forces, and grants to community networks
under chapter 70.190 RCW by the family policy council.
[2003 1st sp.s. c 25 § 930; 2002 c 371 § 920. Prior: 2001 2nd
sp.s. c 7 § 920; 2001 c 168 § 3; 2000 2nd sp.s. c 1 § 917; 1999
c 309 § 922; 1998 c 346 § 909; prior: 1997 c 451 § 2; 1997 c
338 § 69; 1997 c 149 § 912; 1995 2nd sp.s. c 18 § 919; 1994
sp.s. c 7 § 910; 1989 c 271 § 401.]
*Reviser's note: RCW 69.50.505(i)(1) was amended by 2003 c 53 §
349 changing subsection (i)(1) to subsection (9)(a), effective July 1, 2004.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Severability—Effective date—2001 2nd sp.s. c 7: See notes following RCW 43.320.110.
Severability—2001 c 168: See note following RCW 69.50.505.
Severability—Effective date—2000 2nd sp.s. c 1: See notes following RCW 41.05.143.
Severability—Effective date—1999 c 309: See notes following RCW
41.06.152.
Construction—Severability—Effective date—1998 c 346: See notes
following RCW 50.24.014.
Title 70
food product is not kosher and when the representation is
likely to cause a prospective purchaser to believe that it is
kosher. Such a representation can be made orally or in writing, or by display of a sign, mark, insignia, or simulation.
(2) A person violating this section is guilty of a gross
misdemeanor. [2003 c 53 § 349; 1985 c 127 § 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.90.040
69.90.040 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Title 70
Title 70
PUBLIC HEALTH AND SAFETY
Reviser’s note: Referendum Bill No. 51 was rejected by
the voters at the November 2002 election, after the 2002 print
edition of the Revised Code of Washington had been published and distributed. The following explains what session
laws were affected and the resulting changes that were made
to this title.
Engrossed Substitute Senate Bill No. 6008 (codified as
2002 c 203) was contingent on funding being provided by
legislative appropriation (see 2002 c 203 § 13). Funding was
provided in Engrossed Substitute Senate Bill No. 6347 (codified as 2002 c 201). However, 2002 c 201 was contingent on
passage of Engrossed Substitute House Bill No. 2969 (codified as 2002 c 202), which was sent to the voters as Referendum Bill No. 51, and rejected by the voters. Therefore, 2002
c 201 and 2002 c 203 did not take effect.
We have removed RCW 70.94.995, and the notes following, from this title.
Effective date—1997 c 451: See note following RCW 66.24.290.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Severability—Effective date—1997 c 149: See notes following RCW
43.08.250.
Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Captions not law—1989 c 271: "Part, subpart, and section headings
and the index as used in this act do not constitute any part of the law." [1989
c 271 § 605.]
Severability—1989 c 271: See note following RCW 9.94A.510.
Chapter 69.90
Chapter 69.90 RCW
KOSHER FOOD PRODUCTS
Sections
69.90.020
69.90.040
69.90.020
Sale of "kosher" and "kosher style" food products prohibited if
not kosher—Representations—Penalty. (Effective July 1,
2004.)
Repealed. (Effective July 1, 2004.)
69.90.020 Sale of "kosher" and "kosher style" food
products prohibited if not kosher—Representations—
Penalty. (Effective July 1, 2004.) (1) No person may knowingly sell or offer for sale any food product represented as
"kosher" or "kosher style" when that person knows that the
Chapters
70.05
Local health departments, boards, officers—
Regulations.
70.14
Health care services purchased by state agencies.
70.41
Hospital licensing and regulation.
70.44
Public hospital districts.
70.48
City and county jails act.
70.54
Miscellaneous health and safety provisions.
70.58
Vital statistics.
70.74
Washington state explosives act.
70.79
Boilers and unfired pressure vessels.
70.87
Elevators, lifting devices, and moving walks.
70.93
Waste reduction, recycling, and model litter
control act.
70.94
Washington clean air act.
70.95D
Solid waste incinerator and landfill operators.
70.95M Mercury.
70.96A
Treatment for alcoholism, intoxication, and
drug addiction.
70.98
Nuclear energy and radiation.
70.103
Lead-based paint.
70.105
Hazardous waste management.
70.105D Hazardous waste cleanup—Model toxics control act.
70.106
Poison prevention—Labeling and packaging.
70.108
Outdoor music festivals.
70.110
Flammable fabrics—Children's sleepwear.
70.111
Infant crib safety act.
[2003 RCW Supp—page 807]
Chapter 70.05
70.119A
70.122
70.127
70.146
70.155
70.157
70.158
70.210
Title 70 RCW: Public Health and Safety
Public water systems—Penalties and compliance.
Natural death act.
In-home services agencies.
Water pollution control facilities financing.
Tobacco—Access to minors.
National uniform tobacco settlement—Nonparticipating tobacco product manufacturers.
Tobacco product manufacturers.
Investing in innovation grants program.
Chapter 70.05 RCW
LOCAL HEALTH DEPARTMENTS, BOARDS,
OFFICERS—REGULATIONS
Chapter 70.05
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Findings—Purpose—1999 c 391: See note following RCW
70.05.180.
Sections
70.05.120
board of health, or who shall leave any isolation hospital or
quarantined house or place without the consent of the proper
health officer or who evades or breaks quarantine or conceals
a case of contagious or infectious disease or assists in evading
or breaking any quarantine or concealing any case of contagious or infectious disease, is guilty of a misdemeanor, and
upon conviction thereof shall be subject to a fine of not less
than twenty-five dollars nor more than one hundred dollars or
to imprisonment in the county jail not to exceed ninety days
or to both fine and imprisonment. [2003 c 53 § 350; 1999 c
391 § 6; 1993 c 492 § 241; 1984 c 25 § 8; 1967 ex.s. c 51 §
17.]
Violations—Remedies—Penalties. (Effective July 1, 2004.)
70.05.120
70.05.120 Violations—Remedies—Penalties. (Effective July 1, 2004.) (1) Any local health officer or administrative officer appointed under RCW 70.05.040, if any, who
shall refuse or neglect to obey or enforce the provisions of
chapters 70.05, 70.24, and 70.46 RCW or the rules, regulations or orders of the state board of health or who shall refuse
or neglect to make prompt and accurate reports to the state
board of health, may be removed as local health officer or
administrative officer by the state board of health and shall
not again be reappointed except with the consent of the state
board of health. Any person may complain to the state board
of health concerning the failure of the local health officer or
administrative officer to carry out the laws or the rules and
regulations concerning public health, and the state board of
health shall, if a preliminary investigation so warrants, call a
hearing to determine whether the local health officer or
administrative officer is guilty of the alleged acts. Such hearings shall be held pursuant to the provisions of chapter 34.05
RCW, and the rules and regulations of the state board of
health adopted thereunder.
(2) Any member of a local board of health who shall violate any of the provisions of chapters 70.05, 70.24, and 70.46
RCW or refuse or neglect to obey or enforce any of the rules,
regulations or orders of the state board of health made for the
prevention, suppression or control of any dangerous contagious or infectious disease or for the protection of the health
of the people of this state, is guilty of a misdemeanor, and
upon conviction shall be fined not less than ten dollars nor
more than two hundred dollars.
(3) Any physician who shall refuse or neglect to report to
the proper health officer or administrative officer within
twelve hours after first attending any case of contagious or
infectious disease or any diseases required by the state board
of health to be reported or any case suspicious of being one of
such diseases, is guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars nor more than two
hundred dollars for each case that is not reported.
(4) Any person violating any of the provisions of chapters 70.05, 70.24, and 70.46 RCW or violating or refusing or
neglecting to obey any of the rules, regulations or orders
made for the prevention, suppression and control of dangerous contagious and infectious diseases by the local board of
health or local health officer or administrative officer or state
[2003 RCW Supp—page 808]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Chapter 70.14
Chapter 70.14 RCW
HEALTH CARE SERVICES PURCHASED BY
STATE AGENCIES
Sections
70.14.050
70.14.050
Drug purchasing cost controls—Establishment of evidencebased prescription drug program.
70.14.050 Drug purchasing cost controls—Establishment of evidence-based prescription drug program. (1)
Each agency administering a state purchased health care program as defined in RCW 41.05.011(2) shall, in cooperation
with other agencies, take any necessary actions to control
costs without reducing the quality of care when reimbursing
for or purchasing drugs. To accomplish this purpose, participating agencies may establish an evidence-based prescription drug program.
(2) In developing the evidence-based prescription drug
program authorized by this section, agencies:
(a) Shall prohibit reimbursement for drugs that are determined to be ineffective by the United States food and drug
administration;
(b) Shall adopt rules in order to ensure that less expensive generic drugs will be substituted for brand name drugs in
those instances where the quality of care is not diminished;
(c) Where possible, may authorize reimbursement for
drugs only in economical quantities;
(d) May limit the prices paid for drugs by such means as
negotiated discounts from pharmaceutical manufacturers,
central purchasing, volume contracting, or setting maximum
prices to be paid;
(e) Shall consider the approval of drugs with lower abuse
potential in substitution for drugs with significant abuse
potential;
(f) May take other necessary measures to control costs of
drugs without reducing the quality of care; and
(g) Shall adopt rules governing practitioner endorsement
and use of any list developed as part of the program authorized by this section.
Hospital Licensing and Regulation
(3) Agencies shall provide for reasonable exceptions,
consistent with RCW 69.41.190, to any list developed as part
of the program authorized by this section.
(4) Agencies shall establish an independent pharmacy
and therapeutics committee to evaluate the effectiveness of
prescription drugs in the development of the program authorized by this section. [2003 1st sp.s. c 29 § 9; 1986 c 303 §
10.]
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
Chapter 70.41 RCW
HOSPITAL LICENSING AND REGULATION
Chapter 70.41
Sections
70.41.370
Investigation of complaints of violations concerning nursing
technicians.
70.41.370
70.41.370 Investigation of complaints of violations
concerning nursing technicians. The department shall
investigate complaints of violations of RCW 18.79.350 and
18.79.360 by an employer. The department shall maintain
records of all employers that have violated RCW 18.79.350
and 18.79.360. [2003 c 258 § 8.]
Severability—Effective date—2003 c 258: See notes following RCW
18.79.330.
Chapter 70.44
Chapter 70.44 RCW
PUBLIC HOSPITAL DISTRICTS
Sections
70.44.060
70.44.060
Powers and duties.
70.44.060 Powers and duties. All public hospital districts organized under the provisions of this chapter shall
have power:
(1) To make a survey of existing hospital and other
health care facilities within and without such district.
(2) To construct, condemn and purchase, purchase,
acquire, lease, add to, maintain, operate, develop and regulate, sell and convey all lands, property, property rights,
equipment, hospital and other health care facilities and systems for the maintenance of hospitals, buildings, structures,
and any and all other facilities, and to exercise the right of
eminent domain to effectuate the foregoing purposes or for
the acquisition and damaging of the same or property of any
kind appurtenant thereto, and such right of eminent domain
shall be exercised and instituted pursuant to a resolution of
the commission and conducted in the same manner and by the
same procedure as in or may be provided by law for the exercise of the power of eminent domain by incorporated cities
and towns of the state of Washington in the acquisition of
property rights: PROVIDED, That no public hospital district
shall have the right of eminent domain and the power of condemnation against any health care facility.
(3) To lease existing hospital and other health care facilities and equipment and/or other property used in connection
therewith, including ambulances, and to pay such rental
therefor as the commissioners shall deem proper; to provide
hospital and other health care services for residents of said
district by facilities located outside the boundaries of said
70.44.060
district, by contract or in any other manner said commissioners may deem expedient or necessary under the existing conditions; and said hospital district shall have the power to contract with other communities, corporations, or individuals for
the services provided by said hospital district; and they may
further receive in said hospitals and other health care facilities and furnish proper and adequate services to all persons
not residents of said district at such reasonable and fair compensation as may be considered proper: PROVIDED, That it
must at all times make adequate provision for the needs of the
district and residents of said district shall have prior rights to
the available hospital and other health care facilities of said
district, at rates set by the district commissioners.
(4) For the purpose aforesaid, it shall be lawful for any
district so organized to take, condemn and purchase, lease, or
acquire, any and all property, and property rights, including
state and county lands, for any of the purposes aforesaid, and
any and all other facilities necessary or convenient, and in
connection with the construction, maintenance, and operation
of any such hospitals and other health care facilities, subject,
however, to the applicable limitations provided in subsection
(2) of this section.
(5) To contract indebtedness or borrow money for corporate purposes on the credit of the corporation or the revenues
of the hospitals thereof, and the revenues of any other facilities or services that the district is or hereafter may be authorized by law to provide, and to issue and sell: (a) Revenue
bonds, revenue warrants, or other revenue obligations therefor payable solely out of a special fund or funds into which
the district may pledge such amount of the revenues of the
hospitals thereof, and the revenues of any other facilities or
services that the district is or hereafter may be authorized by
law to provide, to pay the same as the commissioners of the
district may determine, such revenue bonds, warrants, or
other obligations to be issued and sold in the same manner
and subject to the same provisions as provided for the issuance of revenue bonds, warrants, or other obligations by cities or towns under the Municipal Revenue Bond Act, chapter
35.41 RCW, as may hereafter be amended; (b) general obligation bonds therefor in the manner and form as provided in
RCW 70.44.110 and 70.44.130, as may hereafter be
amended; or (c) interest-bearing warrants to be drawn on a
fund pending deposit in such fund of money sufficient to
redeem such warrants and to be issued and paid in such manner and upon such terms and conditions as the board of commissioners may deem to be in the best interest of the district;
and to assign or sell hospital accounts receivable, and
accounts receivable for the use of other facilities or services
that the district is or hereafter may be authorized by law to
provide, for collection with or without recourse. General
obligation bonds shall be issued and sold in accordance with
chapter 39.46 RCW. Revenue bonds, revenue warrants, or
other revenue obligations may be issued and sold in accordance with chapter 39.46 RCW.
(6) To raise revenue by the levy of an annual tax on all
taxable property within such public hospital district not to
exceed fifty cents per thousand dollars of assessed value, and
an additional annual tax on all taxable property within such
public hospital district not to exceed twenty-five cents per
thousand dollars of assessed value, or such further amount as
has been or shall be authorized by a vote of the people.
[2003 RCW Supp—page 809]
Chapter 70.48
Title 70 RCW: Public Health and Safety
Although public hospital districts are authorized to impose
two separate regular property tax levies, the levies shall be
considered to be a single levy for purposes of the limitation
provided for in chapter 84.55 RCW. Public hospital districts
are authorized to levy such a general tax in excess of their
regular property taxes when authorized so to do at a special
election conducted in accordance with and subject to all of
the requirements of the Constitution and the laws of the state
of Washington now in force or hereafter enacted governing
the limitation of tax levies. The said board of district commissioners is authorized and empowered to call a special
election for the purpose of submitting to the qualified voters
of the hospital district a proposition or propositions to levy
taxes in excess of its regular property taxes. The superintendent shall prepare a proposed budget of the contemplated
financial transactions for the ensuing year and file the same in
the records of the commission on or before the first day of
November. Notice of the filing of said proposed budget and
the date and place of hearing on the same shall be published
for at least two consecutive weeks, at least one time each
week, in a newspaper printed and of general circulation in
said county. On or before the fifteenth day of November the
commission shall hold a public hearing on said proposed
budget at which any taxpayer may appear and be heard
against the whole or any part of the proposed budget. Upon
the conclusion of said hearing, the commission shall, by resolution, adopt the budget as finally determined and fix the
final amount of expenditures for the ensuing year. Taxes levied by the commission shall be certified to and collected by
the proper county officer of the county in which such public
hospital district is located in the same manner as is or may be
provided by law for the certification and collection of port
district taxes. The commission is authorized, prior to the
receipt of taxes raised by levy, to borrow money or issue warrants of the district in anticipation of the revenue to be
derived by such district from the levy of taxes for the purpose
of such district, and such warrants shall be redeemed from the
first money available from such taxes when collected, and
such warrants shall not exceed the anticipated revenues of
one year, and shall bear interest at a rate or rates as authorized
by the commission.
(7) To enter into any contract with the United States government or any state, municipality, or other hospital district,
or any department of those governing bodies, for carrying out
any of the powers authorized by this chapter.
(8) To sue and be sued in any court of competent jurisdiction: PROVIDED, That all suits against the public hospital district shall be brought in the county in which the public
hospital district is located.
(9) To pay actual necessary travel expenses and living
expenses incurred while in travel status for (a) qualified physicians or other health care practitioners who are candidates
for medical staff positions, and (b) other qualified persons
who are candidates for superintendent or other managerial
and technical positions, which expenses may include
expenses incurred by family members accompanying the
candidate, when the district finds that hospitals or other
health care facilities owned and operated by it are not adequately staffed and determines that personal interviews with
said candidates to be held in the district are necessary or
desirable for the adequate staffing of said facilities.
[2003 RCW Supp—page 810]
(10) To employ superintendents, attorneys, and other
technical or professional assistants and all other employees;
to make all contracts useful or necessary to carry out the provisions of this chapter, including, but not limited to, (a) contracts with private or public institutions for employee retirement programs, and (b) contracts with current or prospective
employees, physicians, or other health care practitioners providing for the payment or reimbursement by the public hospital district of health care training or education expenses,
including but not limited to debt obligations, incurred by current or prospective employees, physicians, or other health
care practitioners in return for their agreement to provide services beneficial to the public hospital district; to print and
publish information or literature; and to do all other things
necessary to carry out the provisions of this chapter. [2003 c
125 § 1; 2001 c 76 § 1; 1997 c 3 § 206 (Referendum Bill No.
47, approved November 4, 1997); 1990 c 234 § 2; 1984 c 186
§ 59; 1983 c 167 § 172; 1982 c 84 § 15; 1979 ex.s. c 155 § 1;
1979 ex.s. c 143 § 4; 1977 ex.s. c 211 § 1; 1974 ex.s. c 165 §
2; 1973 1st ex.s. c 195 § 83; 1971 ex.s. c 218 § 2; 1970 ex.s.
c 56 § 85; 1969 ex.s. c 65 § 1; 1967 c 164 § 7; 1965 c 157 §
2; 1949 c 197 § 18; 1945 c 264 § 6; Rem. Supp. 1949 § 609035.]
Intent—1997 c 3 §§ 201-207: See note following RCW 84.55.010.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1979 ex.s. c 155: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 155 § 3.]
Severability—1979 ex.s. c 143: See note following RCW 70.44.200.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Purpose—Severability—1967 c 164: See notes following RCW
4.96.010.
Eminent domain
by cities: Chapter 8.12 RCW.
generally: State Constitution Art. 1 § 16.
Limitation on levies: State Constitution Art. 7 § 2; RCW 84.52.050.
Port districts, collection of taxes: RCW 53.36.020.
Tortious conduct of political subdivisions, municipal corporations and
quasi-municipal corporations, liability for damages: Chapter 4.96
RCW.
Chapter 70.48
Chapter 70.48 RCW
CITY AND COUNTY JAILS ACT
Sections
70.48.390
70.48.390
Fee payable by person being booked.
70.48.390 Fee payable by person being booked. A
governing unit may require that each person who is booked at
a city, county, or regional jail pay a fee based on the jail's
actual booking costs or one hundred dollars, whichever is
less, to the sheriff's department of the county or police chief
of the city in which the jail is located. The fee is payable
immediately from any money then possessed by the person
being booked, or any money deposited with the sheriff's
Miscellaneous Health and Safety Provisions
department or city jail administration on the person's behalf.
If the person has no funds at the time of booking or during the
period of incarceration, the sheriff or police chief may notify
the court in the county or city where the charges related to the
booking are pending, and may request the assessment of the
fee. Unless the person is held on other criminal matters, if the
person is not charged, is acquitted, or if all charges are dismissed, the sheriff or police chief shall return the fee to the
person at the last known address listed in the booking
records. [2003 c 99 § 1; 1999 c 325 § 3.]
Chapter 70.54
Chapter 70.54 RCW
MISCELLANEOUS HEALTH AND
SAFETY PROVISIONS
Sections
70.54.090
70.54.100
70.54.160
70.54.170
70.54.360
70.54.370
Attachment of objects to utility poles—Penalty. (Effective
July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Public restrooms—Pay facilities—Penalty. (Effective July 1,
2004.)
Repealed. (Effective July 1, 2004.)
Hepatitis C—Plan for education, prevention, and management—Rules. (Expires June 30, 2007.)
Meningococcal disease—Students to receive informational
materials. (Effective July 1, 2004.)
70.54.090
70.54.090 Attachment of objects to utility poles—
Penalty. (Effective July 1, 2004.) (1) It shall be unlawful to
attach to utility poles any of the following: Advertising
signs, posters, vending machines, or any similar object which
presents a hazard to, or endangers the lives of, electrical
workers. Any attachment to utility poles shall only be made
with the permission of the utility involved, and shall be
placed not less than twelve feet above the surface of the
ground.
(2) A person violating this section is guilty of a misdemeanor. [2003 c 53 § 351; 1953 c 185 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
70.54.100
70.54.100 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
70.54.160
70.54.160 Public restrooms—Pay facilities—Penalty.
(Effective July 1, 2004.) (1) Every establishment which
maintains restrooms for use by the public shall not discriminate in charges required between facilities used by men and
facilities used by women.
(2) When coin lock controls are used, the controls shall
be so allocated as to allow for a proportionate equality of free
toilet units available to women as compared with those units
available to men, and at least one-half of the units in any
restroom shall be free of charge. As used in this section, toilet units are defined as constituting commodes and urinals.
(3) In situations involving coin locks placed on restroom
entry doors, admission keys shall be readily provided without
charge when requested, and notice as to the availability of the
keys shall be posted on the restroom entry door.
(4) Any owner, agent, manager, or other person charged
with the responsibility of the operation of an establishment
who operates such establishment in violation of this section is
70.54.360
guilty of a misdemeanor. [2003 c 53 § 352; 1977 ex.s. c 97 §
1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
70.54.170
70.54.170 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
70.54.360
70.54.360 Hepatitis C—Plan for education, prevention, and management—Rules. (Expires June 30, 2007.)
(1) The secretary of health shall design a state plan for education efforts concerning hepatitis C and the prevention and
management of the disease by January 1, 2004. In developing the plan, the secretary shall consult with:
(a) The public;
(b) Patient groups and organizations;
(c) Relevant state agencies that have functions that
involve hepatitis C or provide services to persons with hepatitis C;
(d) Local health departments;
(e) Public health and clinical laboratories;
(f) Providers and suppliers of services to persons with
hepatitis C;
(g) Research scientists;
(h) The University of Washington; and
(i) Relevant health care associations.
(2) The plan shall include implementation recommendations in the following areas:
(a) Hepatitis C virus prevention and treatment strategies
for groups at risk for hepatitis C with an emphasis towards
those groups that are disproportionately affected by hepatitis
C, including persons infected with HIV, veterans, racial or
ethnic minorities that suffer a higher incidence of hepatitis C,
and persons who engage in high-risk behavior, such as intravenous drug use;
(b) Educational programs to promote public awareness
about hepatitis C and knowledge about risk factors, the value
of early detection, screening, services, and available treatment options for hepatitis C, which may be incorporated in
public awareness programs concerning bloodborne infections;
(c) Education curricula for appropriate health and healthrelated providers covered by the uniform disciplinary act,
chapter 18.130 RCW;
(d) Training courses for persons providing hepatitis C
counseling, public health clinic staff, and any other appropriate provider, which shall focus on disease prevention, early
detection, and intervention;
(e) Capacity for voluntary hepatitis C testing programs to
be performed at facilities providing voluntary HIV testing
under chapter 70.24 RCW;
(f) A comprehensive model for an evidence-based process for the prevention and management of hepatitis C that is
applicable to other diseases; and
(g) Sources and availability of funding to implement the
plan.
(3) The secretary of health shall develop the state plan
described in subsections (1) and (2) of this section only to the
extent that, and for as long as, federal or private funds are
[2003 RCW Supp—page 811]
70.54.370
Title 70 RCW: Public Health and Safety
available for that purpose, including grants. Funding for
chapter 273, Laws of 2003 shall not come from state sources.
(4) The board of health may adopt rules necessary to
implement subsection (2)(b) of this section.
(5) The secretary of health shall submit the completed
state plan to the legislature by January 1, 2004. After the initial state plan is submitted, the department shall update the
state plan biennially and shall submit the plan to the governor
and make it available to other interested parties. The update
and progress reports are due December 1, 2004, and every
two years thereafter.
(6) The state plan recommendations described in subsection (2)(b) of this section shall be implemented by the secretary of health only to the extent that, and for as long as, federal or private funds are available for that purpose, including
grants.
(7) This section expires June 30, 2007. [2003 c 273 § 1.]
Private right of action—2003 c 273 § 1: "Section 1 of this act does not
create a private right of action." [2003 c 273 § 5.]
70.54.370
70.54.370 Meningococcal disease—Students to
receive informational materials. (Effective July 1, 2004.)
(1) Except for community and technical colleges, each
degree-granting public or private postsecondary residential
campus that provides on-campus or group housing shall provide information on meningococcal disease to each enrolled
matriculated first-time student. Community and technical
colleges must provide the information only to those students
who are offered on-campus or group housing. The information about meningococcal disease shall include:
(a) Symptoms, risks, especially as the risks relate to circumstances of group living arrangements, and treatment; and
(b) Current recommendations from the United States
centers for disease control and prevention regarding the
receipt of vaccines for meningococcal disease and where the
vaccination can be received.
(2) This section shall not be construed to require the
department of health or the postsecondary educational institution to provide the vaccination to students.
(3) The department of health shall be consulted regarding the preparation of the information materials provided to
the first-time students.
*(5) This section does not create a private right of action.
[2003 c 398 § 1.]
*Reviser's note: Subsection (4) of this section was vetoed by the governor. The vetoed language is as follows:
"(4) If institutions provide electronic enrollment or registration to firsttime students, the information required by this section shall be provided electronically and acknowledged by the student before completion of electronic
enrollment or registration."
Effective date—2003 c 398: "This act takes effect July 1, 2004." [2003
c 398 § 2.]
Chapter 70.58
Chapter 70.58 RCW
VITAL STATISTICS
Sections
70.58.107
70.58.280
teen dollars for certified copies of records and for copies or
information provided for research, statistical, or administrative purposes, and eight dollars for a search of the files or
records when no copy is made. The department shall prescribe by regulation fees to be paid for preparing sealed files
and for opening sealed files.
No fee may be demanded or required for furnishing certified copies of a birth, death, fetal death, marriage, divorce,
annulment, or legal separation record for use in connection
with a claim for compensation or pension pending before the
veterans administration. No fee may be demanded or
required for furnishing certified copies of a death certificate
of a sex offender for use by a law enforcement agency in
maintaining a registered sex offender data base.
The department shall keep a true and correct account of
all fees received and transmit the fees to the state treasurer on
a weekly basis.
Local registrars shall charge the same fees as the state as
hereinabove provided and as prescribed by department regulation except in cases where payment is made by credit card,
charge card, debit card, smart card, stored value card, federal
wire, automatic clearinghouse system, or other electronic
communication. Payment by these electronic methods may
be subject to an additional fee consistent with the requirements established by RCW 36.29.190. All such fees collected, except for seven dollars of each fee collected for the
issuance of birth certificates and first copies of death certificates and fourteen dollars of each fee collected for additional
copies of the same death certificate ordered at the same time
as the first copy, shall be paid to the jurisdictional health
department.
All local registrars in cities and counties shall keep a true
and correct account of all fees received under this section for
the issuance of certified copies and shall transmit seven dollars of the fees collected for birth certificates and first copies
of death certificates and fourteen dollars of the fee collected
for additional copies of death certificates to the state treasurer
on or before the first day of January, April, July, and October.
All but five dollars of the fees turned over to the state treasurer by local registrars shall be paid to the department of
health for the purpose of developing and maintaining the
state vital records systems, including a web-based electronic
death registration system.
Five dollars of each fee imposed for the issuance of certified copies, except for copies suitable for display issued
under RCW 70.58.085, at both the state and local levels shall
be held by the state treasurer in the death investigations'
account established by RCW 43.79.445. [2003 c 272 § 1;
2003 c 241 § 1; 1997 c 223 § 1; 1991 c 3 § 343; 1988 c 40 §
1; 1987 c 223 § 3.]
Reviser's note: This section was amended by 2003 c 241 § 1 and by
2003 c 272 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
70.58.280
Fees charged by department and local registrars.
Penalty. (Effective July 1, 2004.)
70.58.107
70.58.107 Fees charged by department and local registrars. The department of health shall charge a fee of seven[2003 RCW Supp—page 812]
70.58.280 Penalty. (Effective July 1, 2004.) (1) Every
person who violates or willfully fails, neglects, or refuses to
comply with any provisions of *this act is guilty of a misdemeanor and for a second offense shall be punished by a fine
of not less than twenty-five dollars, and for a third and each
subsequent offense shall be punished by a fine of not less
Washington State Explosives Act
than fifty dollars or more than two hundred and fifty dollars
or by imprisonment for not more than ninety days, or by both
fine and imprisonment.
(2) Every person who willfully furnishes any false information for any certificate required by *this act or who makes
any false statement in any such certificate is guilty of a gross
misdemeanor. [2003 c 53 § 353; 1915 c 180 § 12; 1907 c 83
§ 21; RRS § 6038.]
*Reviser's note: For "this act," see note following RCW 70.58.050.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Chapter 70.87
Chapter 70.87 RCW
ELEVATORS, LIFTING DEVICES, AND
MOVING WALKS
Sections
70.87.010
70.87.020
70.87.030
70.87.050
70.87.060
Chapter 70.74 RCW
WASHINGTON STATE EXPLOSIVES ACT
Chapter 70.74
Sections
70.74.180
70.87.080
70.87.100
70.87.125
Explosive devices prohibited—Penalty. (Effective July 1,
2004.)
70.87.145
70.74.180
70.74.180 Explosive devices prohibited—Penalty.
(Effective July 1, 2004.) Any person who has in his or her
possession or control any shell, bomb, or similar device,
charged or filled with one or more explosives, intending to
use it or cause it to be used for an unlawful purpose, is guilty
of a class A felony, and upon conviction shall be punished by
imprisonment in a state prison for a term of not more than
twenty years. [2003 c 53 § 354; 1984 c 55 § 1; 1969 ex.s. c
137 § 21; 1931 c 111 § 18; RRS § 5440-18.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 70.79 RCW
BOILERS AND UNFIRED PRESSURE VESSELS
Chapter 70.79
Sections
70.79.350
70.79.350
70.87.010
70.87.170
70.87.180
70.87.200
70.87.220
70.87.230
70.87.240
70.87.245
70.87.250
70.87.260
70.87.270
70.87.280
70.87.290
70.87.300
Definitions.
Conveyances to be safe and in conformity with law.
Rules.
Conveyances in buildings occupied by state, county, or political subdivision.
Responsibility for operation and maintenance of equipment
and for periodic tests.
Permits—When required—Application for—Posting.
Conveyance work to be performed by elevator contractors—
Acceptance tests—Inspections.
Suspension or revocation of license or permit—Grounds—
Notice—Stay of suspension or revocation—Removal of suspension or reinstatement of license or permit.
Order to discontinue operation—Notice—Conditions—Contents of order—Recision of order—Violation—Penalty—
Random inspections.
Review of department action in accordance with administrative procedure act.
Violations.
Exemptions.
Elevator safety advisory committee.
Conveyance work—Who may perform.
Elevator contractor license, elevator mechanic license—Qualifications—Reciprocity.
Material lift mechanic license.
Licenses—Renewals—Fees—Temporary licenses—Continuing education—Records.
Liability not limited or assumed by state.
Exemptions from licensure.
License categories—Rules.
Rules—Effective date.
Private residential conveyances—Report. (Expires July 1,
2004.)
70.87.010
Inspection fees—Receipts for—Pressure systems safety fund.
70.79.350 Inspection fees—Receipts for—Pressure
systems safety fund. The chief inspector shall give an official receipt for all fees required by chapter 70.79 RCW and
shall transfer all sums so received to the treasurer of the state
of Washington as ex officio custodian thereof and the treasurer shall place all sums in a special fund hereby created and
designated as the "pressure systems safety fund". Funds shall
be paid out upon vouchers duly and regularly issued therefor
and approved by the director of the department of labor and
industries. The treasurer, as ex officio custodian of the fund,
shall keep an accurate record of any payments into the fund,
and of all disbursements therefrom. The fund shall be used
exclusively to defray only the expenses of administering
chapter 70.79 RCW by the chief inspector as authorized by
law and the expenses incident to the maintenance of the
office. The fund shall be charged with its pro rata share of the
cost of administering the fund which is to be determined by
the director of financial management and by the director of
the department of labor and industries.
During the 2003-2005 fiscal biennium, the legislature
may transfer from the pressure systems safety fund to the
state general fund such amounts as reflect the excess fund
balance of the fund. [2003 1st sp.s. c 25 § 931; 1979 c 151 §
171; 1977 ex.s. c 175 § 3; 1951 c 32 § 34.]
70.87.010 Definitions. For the purposes of this chapter,
except where a different interpretation is required by the context:
(1) "Owner" means any person having title to or control
of a conveyance, as guardian, trustee, lessee, or otherwise;
(2) "Conveyance" means an elevator, escalator, dumbwaiter, belt manlift, automobile parking elevator, moving
walk, and other elevating devices, as defined in this section;
(3) "Existing installations" means an installation defined
as an "installation, existing" in this chapter or in rules adopted
under this chapter;
(4) "Elevator" means a hoisting or lowering machine
equipped with a car or platform that moves in guides and
serves two or more floors or landings of a building or structure;
(a) "Passenger elevator" means an elevator (i) on which
passengers are permitted to ride and (ii) that may be used to
carry freight or materials when the load carried does not
exceed the capacity of the elevator;
(b) "Freight elevator" means an elevator (i) used primarily for carrying freight and (ii) on which only the operator,
the persons necessary for loading and unloading, and other
employees approved by the department are permitted to ride;
(c) "Sidewalk elevator" means a freight elevator that: (i)
Operates between a sidewalk or other area outside the building and floor levels inside the building below the outside
area, (ii) does not have a landing opening into the building at
[2003 RCW Supp—page 813]
70.87.010
Title 70 RCW: Public Health and Safety
its upper limit of travel, and (iii) is not used to carry automobiles;
(d) "Hand elevator" means an elevator utilizing manual
energy to move the car;
(e) "Inclined elevator" means an elevator that travels at
an angle of inclination of seventy degrees or less from the
horizontal;
(f) "Multideck elevator" means an elevator having two or
more compartments located one immediately above the
other;
(g) "Observation elevator" means an elevator designed to
permit exterior viewing by passengers while the car is traveling;
(h) "Power elevator" means an elevator utilizing energy
other than gravitational or manual to move the car;
(i) "Electric elevator" means an elevator where the
energy is applied by means of an electric driving machine;
(j) "Hydraulic elevator" means an elevator where the
energy is applied by means of a liquid under pressure in a cylinder equipped with a plunger or piston;
(k) "Direct-plunger hydraulic elevator" means a hydraulic elevator having a plunger or cylinder directly attached to
the car frame or platform;
(l) "Electro-hydraulic elevator" means a direct-plunger
elevator where liquid is pumped under pressure directly into
the cylinder by a pump driven by an electric motor;
(m) "Maintained-pressure hydraulic elevator" means a
direct-plunger elevator where liquid under pressure is available at all times for transfer into the cylinder;
(n) "Roped hydraulic elevator" means a hydraulic elevator having its plunger or piston connected to the car with wire
ropes or indirectly coupled to the car by means of wire ropes
and sheaves;
(o) "Rack and pinion elevator" means a power elevator,
with or without a counterweight, that is supported, raised, and
lowered by a motor or motors that drive a pinion or pinions
on a stationary rack mounted in the hoistway;
(p) "Screw column elevator" means a power elevator
having an uncounterweighted car that is supported, raised,
and lowered by means of a screw thread;
(q) "Rooftop elevator" means a power passenger or
freight elevator that operates between a landing at roof level
and one landing below and opens onto the exterior roof level
of a building through a horizontal opening;
(r) "Special purpose personnel elevator" means an elevator that is limited in size, capacity, and speed, and permanently installed in structures such as grain elevators, radio
antenna, bridge towers, underground facilities, dams, power
plants, and similar structures to provide vertical transportation of authorized personnel and their tools and equipment
only;
(s) "Workmen's construction elevator" means an elevator
that is not part of the permanent structure of a building and is
used to raise and lower workers and other persons connected
with, or related to, the building project;
(t) "Boat launching elevator" means a conveyance that
serves a boat launching structure and a beach or water surface
and is used for the carrying or handling of boats in which people ride;
(u) "Limited-use/limited-application elevator" means a
power passenger elevator where the use and application is
[2003 RCW Supp—page 814]
limited by size, capacity, speed, and rise, intended principally
to provide vertical transportation for people with physical
disabilities;
(5) "Escalator" means a power-driven, inclined, continuous stairway used for raising and lowering passengers;
(6) "Dumbwaiter" means a hoisting and lowering mechanism equipped with a car (a) that moves in guides in a substantially vertical direction, (b) the floor area of which does
not exceed nine square feet, (c) the inside height of which
does not exceed four feet, (d) the capacity of which does not
exceed five hundred pounds, and (e) that is used exclusively
for carrying materials;
(7) "Automobile parking elevator" means an elevator:
(a) Located in either a stationary or horizontally moving
hoistway; (b) used exclusively for parking automobiles
where, during the parking process, each automobile is moved
either under its own power or by means of a power-driven
transfer device onto and off the elevator directly into parking
spaces or cubicles in line with the elevator; and (c) in which
persons are not normally stationed on any level except the
receiving level;
(8) "Moving walk" means a passenger carrying device
(a) on which passengers stand or walk and (b) on which the
passenger carrying surface remains parallel to its direction of
motion;
(9) "Belt manlift" means a power driven endless belt provided with steps or platforms and a hand hold for the transportation of personnel from floor to floor;
(10) "Department" means the department of labor and
industries;
(11) "Director" means the director of the department or
his or her representative;
(12) "Inspector" means an elevator inspector of the
department or an elevator inspector of a municipality having
in effect an elevator ordinance pursuant to RCW 70.87.200;
(13) "Permit" means a permit issued by the department:
(a) To perform conveyance work, other than maintenance; or
(b) to operate a conveyance;
(14) "Person" means this state, a political subdivision,
any public or private corporation, any firm, or any other
entity as well as an individual;
(15) "One-man capacity manlift" means a single passenger, hand-powered counterweighted device, or electric-powered device, that travels vertically in guides and serves two or
more landings;
(16) "Private residence conveyance" means a conveyance installed in or on the premises of a single-family dwelling and operated for transporting persons or property from
one elevation to another;
(17) "Material hoist" means a hoist that is not a part of a
permanent structure used to raise or lower materials during
construction, alteration, or demolition. It is not applicable to
the temporary use of permanently installed personnel elevators as material hoists;
(18) "Material lift" means a lift that (a) is permanently
installed, (b) is comprised of a car or platform that moves in
guides, (c) serves two or more floors or landings, (d) travels
in a vertical or inclined position, (e) is an isolated, self-contained lift, (f) is not part of a conveying system, and (g) is
installed in a commercial or industrial area not accessible to
Elevators, Lifting Devices, and Moving Walks
the general public or intended to be operated by the general
public;
(19) "Casket lift" means a lift that (a) is installed at a
mortuary, (b) is designed exclusively for carrying of caskets,
(c) moves in guides in a basically vertical direction, and (d)
serves two or more floors or landings;
(20) "Wheelchair lift" means a lift that travels in a vertical or inclined direction and is designed for use by physically
handicapped persons;
(21) "Stairway chair lift" means a lift that travels in a
basically inclined direction and is designed for use by physically handicapped persons;
(22) "Personnel hoist" means a hoist that is not a part of
a permanent structure, is installed inside or outside buildings
during construction, alteration, or demolition, and used to
raise or lower workers and other persons connected with, or
related to, the building project. The hoist may also be used
for transportation of materials;
(23) "Advisory committee" means the elevator advisory
committee as described in this chapter;
(24) "Elevator helper/apprentice" means a person who
works under the general direction of a licensed elevator
mechanic. A license is not required to be an elevator
helper/apprentice;
(25) "Elevator contractor" means any person, firm, or
company that possesses an elevator contractor license in
accordance with this chapter and who is engaged in the business of performing conveyance work covered by this chapter;
(26) "Elevator mechanic" means any person who possesses an elevator mechanic license in accordance with this
chapter and who is engaged in performing conveyance work
covered by this chapter;
(27) "License" means a written license, duly issued by
the department, authorizing a person, firm, or company to
carry on the business of performing conveyance work or to
perform conveyance work covered by this chapter;
(28) "Elevator contractor license" means a license that is
issued to an elevator contractor who has met the qualification
requirements established in RCW 70.87.240;
(29) "Elevator mechanic license" means a license that is
issued to a person who has met the qualification requirements
established in RCW 70.87.240;
(30) "Licensee" means the elevator mechanic or elevator
contractor;
(31) "Conveyance work" means the alteration, construction, dismantling, erection, installation, maintenance, relocation, and wiring of a conveyance;
(32) "Alteration" means any change to equipment,
including its parts, components, and/or subsystems, other
than maintenance, repair, or replacement;
(33) "Maintenance" means a process of routine examination, lubrication, cleaning, servicing, and adjustment of parts,
components, and/or subsystems for the purpose of ensuring
performance in accordance with this chapter. "Maintenance"
includes repair and replacement, but not alteration;
(34) "Repair" means the reconditioning or renewal of
parts, components, and/or subsystems necessary to keep
equipment in compliance with this chapter;
(35) "Replacement" means the substitution of a device,
component, and/or subsystem in its entirety with a unit that is
70.87.020
basically the same as the original for the purpose of ensuring
performance in accordance with this chapter;
(36) "Public agency" means a county, incorporated city
or town, municipal corporation, state agency, institution of
higher education, political subdivision, or other public
agency and includes any department, bureau, office, board,
commission or institution of such public entities;
(37) "Platform" means a rigid surface that is maintained
in a horizontal position at all times when in use, and upon
which passengers stand or a load is carried. [2003 c 143 § 9;
2002 c 98 § 1; 1998 c 137 § 1; 1997 c 216 § 1; 1983 c 123 §
1; 1973 1st ex.s. c 52 § 9; 1969 ex.s. c 108 § 1; 1963 c 26 § 1.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
Effective date—1973 1st ex.s. c 52: See note following RCW
43.22.010.
70.87.020
70.87.020 Conveyances to be safe and in conformity
with law. (1) The purpose of this chapter is to provide for
safety of life and limb, to promote safety awareness, and to
ensure the safe design, mechanical and electrical operation,
and inspection of conveyances, and performance of conveyance work, and all such operation, inspection, and conveyance work subject to the provisions of this chapter shall be
reasonably safe to persons and property and in conformity
with the provisions of this chapter and the applicable statutes
of the state of Washington, and all orders, and rules of the
department. The use of unsafe and defective conveyances
imposes a substantial probability of serious and preventable
injury to employees and the public exposed to unsafe conditions. The prevention of these injuries and protection of
employees and the public from unsafe conditions is in the
best interest of the people of this state. Personnel performing
work covered by this chapter must, by documented training
or experience or both, be familiar with the operation and
safety functions of the components and equipment. Training
and experience must include, but not be limited to, recognizing the safety hazards and performing the procedures to
which the personnel performing conveyance work covered
by this chapter are assigned in conformance with the requirements of this chapter. This chapter establishes the minimum
standards for personnel performing conveyance work.
(2) This chapter is not intended to prevent the use of systems, methods, or devices of equivalent or superior quality,
strength, fire resistance, code effectiveness, durability, and
safety to those required by this chapter, provided that there is
technical documentation to demonstrate the equivalency of
the system, method, or device, as prescribed in this chapter
and the rules adopted under this chapter.
(3) In any suit for damages allegedly caused by a failure
or malfunction of the conveyance, conformity with the rules
of the department is prima facie evidence that the conveyance
work, operation, and inspection is reasonably safe to persons
and property. [2003 c 143 § 10; 2002 c 98 § 2; 1983 c 123 §
2; 1963 c 26 § 2.]
Part headings and captions not law—2003 c 143: "Part headings and
captions used in this act are not any part of the law." [2003 c 143 § 23.]
Effective date—2003 c 143: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 7, 2003]." [2003 c 143 § 24.]
[2003 RCW Supp—page 815]
70.87.030
Title 70 RCW: Public Health and Safety
70.87.030
70.87.030 Rules. The department shall adopt rules governing the mechanical and electrical operation, acceptance
tests, conveyance work, operation, and inspection that are
necessary and appropriate and shall also adopt minimum
standards governing existing installations. In the execution
of this rule-making power and before the adoption of rules,
the department shall consider the rules for safe conveyance
work, operation, and inspection, including the American
National Standards Institute Safety Code for Personnel and
Material Hoists, the American Society of Mechanical Engineers Safety Code for Elevators, Dumbwaiters, and Escalators, and any amendatory or supplemental provisions thereto.
The department by rule shall establish a schedule of fees to
pay the costs incurred by the department for the work related
to administration and enforcement of this chapter. Nothing in
this chapter limits the authority of the department to prescribe
or enforce general or special safety orders as provided by
law.
The department may consult with: Engineering authorities and organizations concerned with standard safety codes;
rules and regulations governing conveyance work, operation,
and inspection; and the qualifications that are adequate, reasonable, and necessary for the elevator mechanic, contractor,
and inspector. [2003 c 143 § 11; 2002 c 98 § 3; 1998 c 137 §
2; 1994 c 164 § 28; 1983 c 123 § 3; 1973 1st ex.s. c 52 § 10;
1971 c 66 § 1; 1970 ex.s. c 22 § 1; 1963 c 26 § 3.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.080
70.87.080 Permits—When required—Application
for—Posting. (1) A permit shall be obtained from the
department before performing work, other than maintenance,
on a conveyance under the jurisdiction of the department.
(2) The installer of the conveyance shall submit an application for the permit in duplicate, in a form that the department may prescribe.
(3) The permit issued by the department shall be kept
posted conspicuously at the site of installation.
(4) A permit is not required for maintenance.
(5) After the effective date of rules adopted under this
chapter establishing licensing requirements, the department
may issue a permit for conveyance work only to an elevator
contractor unless the permit is for conveyance work on private residence conveyances. After July 1, 2004, the department may not issue a permit for conveyance work on private
residence conveyances to a person other than an elevator contractor. [2003 c 143 § 14; 1983 c 123 § 8; 1963 c 26 § 8.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.100
70.87.050 Conveyances in buildings occupied by
state, county, or political subdivision. The conveyance
work on, and the operation and inspection of any conveyance
located in, or used in connection with, any building owned by
the state, a county, or a political subdivision, other than those
located within and owned by a city having an elevator code,
shall be under the jurisdiction of the department. [2003 c 143
§ 12; 2002 c 98 § 4; 1983 c 123 § 5; 1969 ex.s. c 108 § 2;
1963 c 26 § 5.]
70.87.100 Conveyance work to be performed by elevator contractors—Acceptance tests—Inspections. (1)
All conveyance installations, relocations, or alterations must
be performed by an elevator contractor employing an elevator mechanic.
(2) The elevator contractor employing an elevator
mechanic performing such conveyance work shall notify the
department before completion of the work, and shall subject
the new, moved, or altered portions of the conveyance to the
acceptance tests.
(3) All new, altered, or relocated conveyances for which
a permit has been issued, shall be inspected for compliance
with the requirements of this chapter by an authorized representative of the department. The authorized representative
shall also witness the test specified. [2003 c 143 § 15; 2002
c 98 § 5; 1983 c 123 § 11; 1963 c 26 § 10.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
Effective date—1973 1st ex.s. c 52: See note following RCW
43.22.010.
70.87.050
70.87.060
70.87.060 Responsibility for operation and maintenance of equipment and for periodic tests. (1) The person,
elevator contractor, or public agency performing conveyance
work is responsible for operation and maintenance of the
conveyance until the department has issued an operating permit for the conveyance, except during the period when a limited operating permit in accordance with RCW 70.87.090(2)
is in effect, and is also responsible for all tests of a new, relocated, or altered conveyance until the department has issued
an operating permit for the conveyance.
(2) The owner or his or her duly appointed agent shall be
responsible for the safe operation and proper maintenance of
the conveyance after the department has issued the operating
permit and also during the period of effectiveness of any limited operating permit in accordance with RCW 70.87.090(2).
The owner shall be responsible for all periodic tests required
by the department. [2003 c 143 § 13; 1983 c 123 § 6; 1963 c
26 § 6.]
[2003 RCW Supp—page 816]
70.87.125
70.87.125 Suspension or revocation of license or permit—Grounds—Notice—Stay of suspension or revocation—Removal of suspension or reinstatement of license
or permit. (1) A license issued under this chapter may be
suspended, revoked, or subject to civil penalty by the department upon verification that any one or more of the following
reasons exist:
(a) Any false statement as to a material matter in the
application;
(b) Fraud, misrepresentation, or bribery in securing a
license;
(c) Failure to notify the department and the owner or lessee of a conveyance or related mechanisms of any condition
not in compliance with this chapter;
(d) A violation of any provisions of this chapter; and
(e) If the elevator contractor does not employ an individual designated as the primary point of contact with the department and who has successfully completed the elevator con-
Elevators, Lifting Devices, and Moving Walks
tractor examination. In the case of a separation of employment, termination of this relationship or designation, or death
of the designated individual, the elevator contractor must,
within ninety days, designate a new individual who has successfully completed the elevator contractor examination.
(2) The department may suspend or revoke a permit if:
(a) The permit was obtained through fraud or by error if,
in the absence of error, the department would not have issued
the permit;
(b) The conveyance for which the permit was issued has
not been worked on in accordance with this chapter; or
(c) The conveyance has become unsafe.
(3) The department shall suspend any license issued
under this chapter promptly after receiving notice from the
department of social and health services that the holder of the
license has been certified pursuant to RCW 74.20A.320 as a
person who is not in compliance with a support order. If the
person has continued to meet all other license requirements
during the suspension, reissuance of the license shall be automatic upon the department's receipt of a release issued by the
department of social and health services stating that the person is in compliance with the order.
(4) The department shall notify in writing the owner, licensee, or person performing conveyance work, of its action
and the reason for the action. The department shall send the
notice by certified mail to the last known address of the
owner or person. The notice shall inform the owner or person
that a hearing may be requested pursuant to RCW 70.87.170.
(5)(a) If the department has suspended or revoked a permit or license because of fraud or error, and a hearing is
requested, the suspension or revocation shall be stayed until
the hearing is concluded and a decision is issued.
(b) If the department has revoked or suspended a license
because the licensee performing the work covered by this
chapter is working in a manner that does not effectively prevent injuries or deaths or protect employees and the public
from unsafe conditions as is required by this chapter, the suspension or revocation is effective immediately and shall not
be stayed by a request for a hearing.
(c) If the department has revoked or suspended a permit
because the conveyance is unsafe or the conveyance work is
not permitted and performed in accordance with this chapter,
the suspension or revocation is effective immediately and
shall not be stayed by a request for a hearing.
(6) The department must remove a suspension or reinstate a revoked license if the licensee pays all the assessed
civil penalties and is able to demonstrate to the department
that the licensee has met all the qualifications established by
this chapter.
(7) The department shall remove a suspension or reinstate a revoked permit if a conveyance is repaired or modified
to bring it into compliance with this chapter. [2003 c 143 §
16; 2002 c 98 § 6; 1983 c 123 § 10.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.145
70.87.145 Order to discontinue operation—Notice—
Conditions—Contents of order—Recision of order—Violation—Penalty—Random inspections. (1) An authorized
representative of the department may order the owner or person operating a conveyance to discontinue the operation of a
70.87.180
conveyance, and may place a notice that states that the conveyance may not be operated on a conspicuous place in the
conveyance, if:
(a) The conveyance work has not been permitted and
performed in accordance with this chapter; or
(b) The conveyance has otherwise become unsafe.
The order is effective immediately, and shall not be stayed by
a request for a hearing.
(2) The department shall prescribe a form for the order to
discontinue operation. The order shall specify why the conveyance violates this chapter or is otherwise unsafe, and shall
inform the owner or operator that he or she may request a
hearing pursuant to RCW 70.87.170. A request for a hearing
does not stay the effect of the order.
(3) The department shall rescind the order to discontinue
operation if the conveyance is fixed or modified to bring it
into compliance with this chapter.
(4) An owner or a person that knowingly operates or
allows the operation of a conveyance in contravention of an
order to discontinue operation, or removes a notice not to
operate, is:
(a) Guilty of a misdemeanor; and
(b) Subject to a civil penalty under RCW 70.87.185.
(5) The department may conduct random on-site inspections and tests on existing installations, witnessing periodic
inspections and testing in order to ensure satisfactory conveyance work by persons, firms, or companies performing conveyance work, and assist in development of public awareness
programs. [2003 c 143 § 17; 2002 c 98 § 7; 1983 c 123 § 15.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.170
70.87.170 Review of department action in accordance with administrative procedure act. (1) Any person
aggrieved by an order or action of the department denying,
suspending, revoking, or refusing to renew a permit or
license; assessing a penalty for a violation of this chapter; or
ordering the operation of a conveyance to be discontinued,
may request a hearing within fifteen days after notice of the
department's order or action is received. The date the hearing
was requested shall be the date the request for hearing was
postmarked. The party requesting the hearing must accompany the request with a certified or cashier's check for two
hundred dollars payable to the department. The department
shall refund the two hundred dollars if the party requesting
the hearing prevails at the hearing; otherwise, the department
shall retain the two hundred dollars.
If the department does not receive a timely request for
hearing, the department's order or action is final and may not
be appealed.
(2) If the aggrieved party requests a hearing, the department shall ask an administrative law judge to preside over the
hearing. The hearing shall be conducted in accordance with
chapter 34.05 RCW. [2003 c 143 § 18; 2002 c 98 § 8; 1983 c
123 § 16; 1963 c 26 § 17.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.180
70.87.180 Violations. (1) The performance of conveyance work, other than maintenance, or the operation of a conveyance without a permit by any person owning or having the
[2003 RCW Supp—page 817]
70.87.200
Title 70 RCW: Public Health and Safety
custody, management, or operation thereof, except as provided in RCW 70.87.080 and 70.87.090, is a misdemeanor.
Each day of violation is a separate offense. A prosecution
may not be maintained if a person has requested the issuance
or renewal of a permit but the department has not acted.
(2) The performance of conveyance work, other than the
maintenance of conveyances as specified in RCW 70.87.270,
without a license by any person is a misdemeanor. Each day
of violation is a separate offense. A prosecution may not be
maintained if a person has requested the issuance or renewal
of a license but the department has not acted. [2003 c 143 §
19; 2002 c 98 § 9; 1983 c 123 § 17; 1963 c 26 § 18.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.200
70.87.200 Exemptions. (1) The provisions of this chapter do not apply where:
(a) A conveyance is permanently removed from service
or made effectively inoperative; or
(b) Lifts, man hoists, or material hoists are erected temporarily for use during construction work only and are of
such a design that they must be operated by a workman stationed at the hoisting machine.
(2) Except as limited by RCW 70.87.050, municipalities
having in effect an elevator code prior to June 13, 1963 may
continue to assume jurisdiction over conveyance work and
may inspect, issue permits, collect fees, and prescribe minimum requirements for conveyance work and operation if the
requirements are equal to the requirements of this chapter and
to all rules pertaining to conveyances adopted and administered by the department. Upon the failure of a municipality
having jurisdiction over conveyances to carry out the provisions of this chapter with regard to a conveyance, the department may assume jurisdiction over the conveyance. If a
municipality elects not to maintain jurisdiction over certain
conveyances located therein, it may enter into a written
agreement with the department transferring exclusive jurisdiction of the conveyances to the department. The city may
not reassume jurisdiction after it enters into such an agreement with the department. [2003 c 143 § 20; 1983 c 123 § 22;
1969 ex.s. c 108 § 4; 1963 c 26 § 20.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.220
70.87.220 Elevator safety advisory committee. (1)
The department may adopt the rules necessary to establish
and administer the elevator safety advisory committee. The
purpose of the advisory committee is to advise the department on the adoption of rules that apply to conveyances;
methods of enforcing and administering this chapter; and
matters of concern to the conveyance industry and to the individual installers, owners, and users of conveyances.
(2) The advisory committee shall consist of seven persons. The director of the department or his or her designee
with the advice of the chief elevator inspector shall appoint
the committee members as follows:
(a) One representative of licensed elevator contractors;
(b) One representative of elevator mechanics licensed to
perform all types of conveyance work;
(c) One representative of owner-employed mechanics
exempt from licensing requirements under RCW 70.87.270;
[2003 RCW Supp—page 818]
(d) One registered architect or professional engineer representative;
(e) One building owner or manager representative;
(f) One registered general commercial contractor representative; and
(g) One ad hoc member representing a municipality
maintaining jurisdiction of conveyances in accordance with
RCW 70.87.210 [70.87.200].
(3) The committee members shall serve terms of four
years.
(4) The committee shall meet on the third Tuesday of
February, May, August, and November of each year, and at
other times at the discretion of the chief elevator inspector.
The committee members shall serve without per diem or
travel expenses.
(5) The chief elevator inspector shall be the secretary for
the advisory committee. [2003 c 143 § 7; 2002 c 98 § 11.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.230
70.87.230 Conveyance work—Who may perform.
Except as provided in RCW 70.87.270, a person may not perform conveyance work within the state unless he or she is an
elevator mechanic who is regularly employed by and is working: (1) For an owner exempt from licensing requirements
under RCW 70.87.270 and performing maintenance; (2) for a
public agency performing maintenance; or (3) under the
direct supervision of an elevator contractor. A person, firm,
public agency, or company is not required to be an elevator
contractor for removing or dismantling conveyances that are
destroyed as a result of a complete demolition of a secured
building or structure or where the building is demolished
back to the basic support structure whereby no access is permitted therein to endanger the safety and welfare of a person.
[2003 c 143 § 1; 2002 c 98 § 10.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.240
70.87.240 Elevator contractor license, elevator
mechanic license—Qualifications—Reciprocity. (1) Any
person, firm, public agency, or company wishing to engage in
the business of performing conveyance work within the state
must apply for an elevator contractor license with the department on a form provided by the department and be a registered general or specialty contractor under chapter 18.27
RCW.
(2) Except as provided by RCW 70.87.270, any person
wishing to perform conveyance work within the state must
apply for an elevator mechanic license with the department
on a form provided by the department.
(3) An elevator contractor license may not be granted to
any person or firm who does not possess the following qualifications:
(a) Five years' experience performing conveyance work,
as verified by current and previous elevator contractors
licensed to do business; or
(b) Satisfactory completion of a written examination
administered by the department on this chapter and the rules
adopted under this chapter.
(4) Except as provided in subsection (5) of this section
and RCW 70.87.245, an elevator mechanic license may not
Elevators, Lifting Devices, and Moving Walks
be granted to any person who does not possess the following
qualifications:
(a) An acceptable combination of documented experience and education credits: Not less than three years' experience performing conveyance work, as verified by current and
previous employers licensed to do business in this state or
public agency employers; and
(b) Satisfactory completion of a written examination
administered by the department on this chapter and the rules
adopted under this chapter.
(5) Any person who furnishes the department with
acceptable proof that he or she has performed conveyance
work in the category for which a license is sought shall upon
making application for a license and paying the license fee
receive a license without an examination. The person must
have:
(a) Worked without direct and immediate supervision for
a general or specialty contractor registered under chapter
18.27 RCW and engaged in the business of performing conveyance work in this state. This employment may not be less
than each and all of the three years immediately before March
1, 2004. The person must apply within ninety days after the
effective date of rules adopted under this chapter establishing
licensing requirements;
(b) Worked without direct and immediate supervision
for an owner exempt from licensing requirements under
RCW 70.87.270 or a public agency as an individual responsible for maintenance of conveyances owned by the owner
exempt from licensing requirements under RCW 70.87.270
or the public agency. This employment may not be less than
each and all of the three years immediately before March 1,
2004. The person must apply within ninety days after the
effective date of rules adopted under this chapter establishing
licensing requirements;
(c) Obtained a certificate of completion and successfully
passed the mechanic examination of a nationally recognized
training program for the elevator industry such as the national
elevator industry educational program or its equivalent; or
(d) Obtained a certificate of completion of an apprenticeship program for an elevator mechanic, having standards substantially equal to those of this chapter, and registered with
the Washington state apprenticeship and training council.
(6) A license must be issued to an individual holding a
valid license from a state having entered into a reciprocal
agreement with the department and having standards substantially equal to those of this chapter, upon application and
without examination. [2003 c 143 § 2; 2002 c 98 § 12.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.245
70.87.245 Material lift mechanic license. A material
lift mechanic license to perform conveyance work on material lifts subject to WAC 296-96-05010 may be granted to
any person who possesses the following qualifications:
(1) The person: (a) Must be employed by an elevator
contractor that complies with subsections (2) and (3) of this
section; (b) must have successfully completed the training
described in subsection (2) of this section; and (c) after successfully completing such training, must have passed a written examination administered by the department that is
70.87.250
designed to demonstrate competency with regard to conveyance work on material lifts;
(2) The employer must provide the persons specified in
subsection (1) of this section adequate training, including any
training provided by the manufacturer, ensuring worker
safety and adherence to the published operating specifications of the conveyance manufacturer; and
(3) The employer must maintain: (a) A conveyance
work log identifying the equipment, describing the conveyance work performed, and identifying the person who performed the conveyance work; (b) a training log describing
the course of study applicable to each conveyance and identifying each employee who has successfully completed the
training described in subsection (2) of this section and when
such training was completed; and (c) a record evidencing that
the employer has notified the conveyance owner in writing
that the conveyance is not designed to, is not intended to, and
should not be used to convey workers. [2003 c 143 § 3.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.250
70.87.250 Licenses—Renewals—Fees—Temporary
licenses—Continuing education—Records. (1) Upon
approval of an application, the department may issue a
license that is biennially renewable. The fee for the license
and for any renewal shall be set by the department in rule.
(2) The department may issue temporary elevator
mechanic licenses. These temporary elevator mechanic
licenses will be issued to those certified as qualified and competent by licensed elevator contractors. The company shall
furnish proof of competency as the department may require.
Each license must recite that it is valid for a period of thirty
days from the date of issuance and for such particular conveyance or geographical areas as the department may designate, and otherwise entitles the licensee to the rights and privileges of an elevator mechanic license issued in this chapter.
A temporary elevator mechanic license may be renewed by
the department and a fee as established in rule must be
charged for any temporary elevator mechanic license or
renewal.
(3) The renewal of all licenses granted under this section
is conditioned upon the submission of a certificate of completion of a course designed to ensure the continuing education
of licensees on new and existing rules of the department. The
course must consist of not less than eight hours of instruction
that must be attended and completed within one year immediately preceding any license renewal.
(4) The courses must be taught by instructors through
continuing education providers that may include, but are not
limited to, association seminars and labor training programs.
The department must approve the continuing education providers. All instructors must be approved by the department
and are exempt from the requirements of subsection (3) of
this section with regard to his or her application for license
renewal, provided that such applicant was qualified as an
instructor at any time during the one year immediately preceding the scheduled date for such renewal.
(5) A licensee who is unable to complete the continuing
education course required under this section before the expiration of his or her license due to a temporary disability may
apply for a waiver from the department. This will be on a
[2003 RCW Supp—page 819]
70.87.260
Title 70 RCW: Public Health and Safety
form provided by the department and signed under the pains
and penalties of perjury and accompanied by a certified statement from a competent physician attesting to the temporary
disability. Upon the termination of the temporary disability,
the licensee must submit to the department a certified statement from the same physician, if practicable, attesting to the
termination of the temporary disability. At which time a
waiver sticker, valid for ninety days, must be issued to the licensee and affixed to his or her license.
(6) Approved training providers must keep uniform
records, for a period of ten years, of attendance of licensees
and these records must be available for inspection by the
department at its request. Approved training providers are
responsible for the security of all attendance records and certificates of completion. However, falsifying or knowingly
allowing another to falsify attendance records or certificates
of completion constitutes grounds for suspension or revocation of the approval required under this section. [2003 c 143
§ 21; 2002 c 98 § 13.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.260
70.87.260 Liability not limited or assumed by state.
This chapter cannot be construed to relieve or lessen the
responsibility or liability of any person, firm, or corporation
owning, operating, controlling, testing, inspecting, or performing conveyance work on any conveyance or other
related mechanisms covered by this chapter for damages to
person or property caused by any defect therein, nor does the
state assume any such liability or responsibility therefore or
any liability to any person for whatever reason whatsoever by
the adoption of this chapter or any acts or omissions arising
hereunder. [2003 c 143 § 22; 2002 c 98 § 14.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.270
70.87.270 Exemptions from licensure. (1) The licensing requirements of this chapter do not apply to the maintenance of conveyances specified in (a) of this subsection if a
person specified in (b) of this subsection performs the maintenance and the owner complies with the requirements specified in (c) and (d) of this subsection.
(a) The conveyance: (i) Must be a conveyance other than
a passenger elevator to which the general public has access;
and (ii) must be located in a facility in which agricultural
products are stored, food products are processed, goods are
manufactured, energy is generated, or similar industrial or
agricultural processes are performed.
(b) The person performing the maintenance: (i) Must be
regularly employed by the owner; (ii) must have completed
the training described in (c) of this subsection; and (iii) must
have attained journey level status in an electrical or mechanical trade, but only if the employer has or uses an established
journey level program to train its electrical or mechanical
trade employees and the employees perform maintenance in
the course of their regular employment.
(c) The owner must provide the persons specified in (b)
of this subsection adequate training to ensure worker safety
and adherence to the published operating specifications of the
conveyance manufacturer, the applicable provisions of this
chapter, and any rules adopted under this chapter.
[2003 RCW Supp—page 820]
(d) The owner also must maintain both a maintenance
log and a training log. The maintenance log must describe
maintenance work performed on the conveyance and identify
the person who performed the work. The training log must
describe the course of study provided to the persons specified
in (b) of this subsection, including whether it is general or
conveyance specific, and when the persons completed the
course of study.
(2) It is a violation of chapter 49.17 RCW for an owner
or an employer: (a) To allow a conveyance exempt from the
licensing requirements of this chapter under subsection (1) of
this section to be maintained by a person other than a person
specified in subsection (1)(b) of this section or a licensee; or
(b) to fail to maintain the logs required under subsection
(1)(d) of this section. [2003 c 143 § 4.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.280
70.87.280 License categories—Rules. In order to
effectively administer and implement the elevator mechanic
licensing of this chapter, the department may establish elevator mechanic license categories in rule. [2003 c 143 § 5.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.290
70.87.290 Rules—Effective date. The department of
labor and industries may not adopt rules to implement chapter 98, Laws of 2002, and to implement chapter 143, Laws of
2003 that take effect before March 1, 2004. [2003 c 143 § 6.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.300
70.87.300 Private residential conveyances—Report.
(Expires July 1, 2004.) (1) The elevator safety advisory
committee shall review this chapter as it pertains to the regulation of private residence conveyances. The advisory committee shall report its findings and recommendations to the
legislature by January 1, 2004. Until July 1, 2004, the licensing requirements of this chapter do not apply to conveyance
work on private residential conveyances if the person performing the conveyance work is working at the direction of
the owner, and the owner resides in the residence at which the
conveyance is located. This section shall not be construed as
modifying any other requirements of this chapter applicable
to private residential conveyances.
(2) This section expires July 1, 2004. [2003 c 143 § 8.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
Chapter 70.93
Chapter 70.93 RCW
WASTE REDUCTION, RECYCLING, AND MODEL
LITTER CONTROL ACT
(Formerly: Model litter control and recycling act)
Sections
70.93.030
70.93.060
70.93.100
Definitions.
Littering prohibited—Penalties—Litter cleanup restitution
payment.
Repealed.
Waste Reduction, Recycling, and Model Litter Control Act
70.93.060
70.93.030
70.93.030 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Conveyance" means a boat, airplane, or vehicle.
(2) "Department" means the department of ecology.
(3) "Director" means the director of the department of
ecology.
(4) "Disposable package or container" means all packages or containers defined as such by rules adopted by the
department of ecology.
(5) "Junk vehicle" has the same meaning as defined in
RCW 46.55.010.
(6) "Litter" means all waste material including but not
limited to disposable packages or containers thrown or
deposited as herein prohibited and solid waste that is illegally
dumped, but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing. "Litter" includes the material described in subsection
(10) of this section as "potentially dangerous litter."
(7) "Litter bag" means a bag, sack, or other container
made of any material which is large enough to serve as a
receptacle for litter inside the vehicle or watercraft of any
person. It is not necessarily limited to the state approved litter bag but must be similar in size and capacity.
(8) "Litter receptacle" means those containers adopted
by the department of ecology and which may be standardized
as to size, shape, capacity, and color and which shall bear the
state anti-litter symbol, as well as any other receptacles suitable for the depositing of litter.
(9) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or other
entity whatsoever.
(10) "Potentially dangerous litter" means litter that is
likely to injure a person or cause damage to a vehicle or other
property. "Potentially dangerous litter" means:
(a) Cigarettes, cigars, or other tobacco products that are
capable of starting a fire;
(b) Glass;
(c) A container or other product made predominantly or
entirely of glass;
(d) A hypodermic needle or other medical instrument
designed to cut or pierce;
(e) Raw human waste, including soiled baby diapers,
regardless of whether or not the waste is in a container of any
sort; and
(f) Nails or tacks.
(11) "Public place" means any area that is used or held
out for use by the public whether owned or operated by public or private interests.
(12) "Recycling" means transforming or remanufacturing waste materials into a finished product for use other than
landfill disposal or incineration.
(13) "Recycling center" means a central collection point
for recyclable materials.
(14) "To litter" means a single or cumulative act of disposing of litter.
(15) "Vehicle" includes every device capable of being
moved upon a public highway and in, upon, or by which any
persons or property is or may be transported or drawn upon a
public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
(16) "Waste reduction" means reducing the amount or
toxicity of waste generated or reusing materials.
(17) "Watercraft" means any boat, ship, vessel, barge, or
other floating craft. [2003 c 337 § 2; 2000 c 154 § 1; 1998 c
257 § 3; 1991 c 319 § 102; 1979 c 94 § 3; 1971 ex.s. c 307 §
3.]
Findings—2003 c 337: See note following RCW 70.93.060.
Severability—2000 c 154: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2000 c 154 § 5.]
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
70.93.060
70.93.060 Littering prohibited—Penalties—Litter
cleanup restitution payment. (1) It is a violation of this section to abandon a junk vehicle upon any property. In addition, no person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the state or
upon private property in this state not owned by him or her or
in the waters of this state whether from a vehicle or otherwise
including but not limited to any public highway, public park,
beach, campground, forest land, recreational area, trailer
park, highway, road, street, or alley except:
(a) When the property is designated by the state or its
agencies or political subdivisions for the disposal of garbage
and refuse, and the person is authorized to use such property
for that purpose;
(b) Into a litter receptacle in a manner that will prevent
litter from being carried away or deposited by the elements
upon any part of the private or public property or waters.
(2)(a) Except as provided in subsection (4) of this section, it is a class 3 civil infraction as provided in RCW
7.80.120 for a person to litter in an amount less than or equal
to one cubic foot.
(b) It is a misdemeanor for a person to litter in an amount
greater than one cubic foot but less than one cubic yard. The
person shall also pay a litter cleanup restitution payment
equal to twice the actual cost of cleanup, or fifty dollars per
cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner
and one-half of the restitution payment to the law enforcement agency investigating the incident. The court may, in
addition to or in lieu of part or all of the cleanup restitution
payment, order the person to pick up and remove litter from
the property, with prior permission of the legal owner or, in
the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if
the person cleans up and properly disposes of the litter.
(c) It is a gross misdemeanor for a person to litter in an
amount of one cubic yard or more. The person shall also pay
a litter cleanup restitution payment equal to twice the actual
cost of cleanup, or one hundred dollars per cubic foot of litter,
whichever is greater. The court shall distribute one-half of
the restitution payment to the landowner and one-half of the
restitution payment to the law enforcement agency investigating the incident. The court may, in addition to or in lieu of
part or all of the cleanup restitution payment, order the person
[2003 RCW Supp—page 821]
70.93.100
Title 70 RCW: Public Health and Safety
to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property,
of the agency managing the property. The court may suspend
or modify the litter cleanup restitution payment for a firsttime offender under this section, if the person cleans up and
properly disposes of the litter.
(d) If a junk vehicle is abandoned in violation of this section, RCW 46.55.230 governs the vehicle's removal, disposal, and sale, and the penalties that may be imposed against
the person who abandoned the vehicle.
(3) If the violation occurs in a state park, the court shall,
in addition to any other penalties assessed, order the person to
perform twenty-four hours of community restitution in the
state park where the violation occurred if the state park has
stated an intent to participate as provided in RCW
79A.05.050.
(4) It is a class 1 civil infraction as provided in RCW
7.80.120 for a person to discard, in violation of this section,
potentially dangerous litter in any amount. [2003 c 337 § 3;
2002 c 175 § 45; 2001 c 139 § 1; 2000 c 154 § 2; 1997 c 159
§ 1; 1996 c 263 § 1; 1993 c 292 § 1; 1983 c 277 § 1; 1979
ex.s. c 39 § 1; 1971 ex.s. c 307 § 6.]
Findings—2003 c 337: "(1) The legislature finds that the littering of
potentially dangerous products poses a greater danger to the public safety
than other classes of litter. Broken glass, human waste, and other dangerous
materials along roadways, within parking lots, and on pedestrian, bicycle,
and recreation trails elevates the risk to public safety, such as vehicle tire
punctures, and the risk to the community volunteers who spend their time
gathering and properly disposing of the litter left behind by others. As such,
the legislature finds that a higher penalty should be imposed on those who
improperly dispose of potentially dangerous products, such as is imposed on
those who improperly dispose of tobacco products.
(2) The legislature further finds that litter is a nuisance, and, in order to
alleviate such a nuisance, counties must be provided statutory authority to
declare what shall be a nuisance, to abate a nuisance, and to impose and collect fines upon parties who may create, cause, or commit a nuisance." [2003
c 337 § 1.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Severability—2000 c 154: See note following RCW 70.93.030.
Lighted material, etc.—Receptacles in conveyances: RCW 76.04.455.
Throwing dangerous materials on highway prohibited—Removal: RCW
46.61.645.
70.93.100
70.93.100 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 70.94
Chapter 70.94 RCW
WASHINGTON CLEAN AIR ACT
Sections
70.94.017
70.94.085
70.94.430
70.94.483
70.94.996
Air pollution control account—Subaccount distribution.
(Expires July 1, 2008.)
Cost-reimbursement agreements.
Penalties. (Effective July 1, 2004.)
Wood stove education and enforcement account created—Fee
imposed on solid fuel burning device sales.
Grant program for ride sharing. (Expires January 1, 2014.)
70.94.017
70.94.017 Air pollution control account—Subaccount distribution. (Expires July 1, 2008.) (1) Money
deposited in the segregated subaccount of the air pollution
control account under RCW 46.68.020(2) shall be distributed
as follows:
(a) Eighty-five percent shall be distributed to air pollution control authorities created under this chapter. The
[2003 RCW Supp—page 822]
money must be distributed in direct proportion with the
amount of fees imposed under RCW 46.12.080, 46.12.170,
and 46.12.181 that are collected within the boundaries of
each authority. However, an amount in direct proportion
with those fees collected in counties for which no air pollution control authority exists must be distributed to the department.
(b) The remaining fifteen percent shall be distributed to
the department.
(2) Money distributed to air pollution control authorities
and the department under subsection (1) of this section must
be used as follows:
(a) Eighty-five percent of the money received by an air
pollution control authority or the department must be used to
retrofit school buses with exhaust emission control devices or
to provide funding for fueling infrastructure necessary to
allow school bus fleets to use alternative, cleaner fuels.
(b) The remaining fifteen percent may be used by the air
pollution control authority or department to reduce vehicle
air contaminant emissions and clean up air pollution, or
reduce and monitor toxic air contaminants.
(3) Money in the air pollution control account may be
spent by the department only after appropriation.
(4) The department shall provide a report to the legislative transportation committees on the progress of the implementation of this section by December 31, 2004. [2003 c 264
§ 1.]
Expiration date—2003 c 264 §§ 1 and 3: See note following RCW
90.56.335.
70.94.085
70.94.085 Cost-reimbursement agreements. (1) An
authority may enter into a written cost-reimbursement agreement with a permit applicant to recover from the applicant the
reasonable costs incurred by the authority in carrying out the
requirements of this chapter, as well as the requirements of
other relevant laws, as they relate to permit coordination,
environmental review, application review, technical studies,
and permit processing. The cost-reimbursement agreement
shall identify the specific tasks, costs, and schedule for work
to be conducted under the agreement.
(2) The written cost-reimbursement agreement shall be
negotiated with the permit applicant. Under the provisions of
a cost-reimbursement agreement, funds from the applicant
shall be used by the air pollution control authority to contract
with an independent consultant to carry out the work covered
by the cost-reimbursement agreement. The air pollution control authority may also use funds provided under a cost-reimbursement agreement to assign current staff to review the
work of the consultant, to provide necessary technical assistance when an independent consultant with comparable technical skills is unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the
permit. The air pollution control authority shall, in developing the agreement, ensure that final decisions that involve
policy matters are made by the agency and not by the consultant. The air pollution control authority shall make an estimate of the number of permanent staff hours to process the
permits, and shall contract with consultants to replace the
time and functions committed by these permanent staff to the
project. The billing process shall provide for accurate time
and cost accounting and may include a billing cycle that pro-
Washington Clean Air Act
vides for progress payments. Use of cost-reimbursement
agreements shall not reduce the current level of staff available to work on permits not covered by cost-reimbursement
agreements. The air pollution control authority may not use
any funds under a cost-reimbursement agreement to replace
or supplant existing funding. The provisions of chapter 42.52
RCW apply to any cost-reimbursement agreement, and to any
person hired as a result of a cost-reimbursement agreement.
Members of the air pollution control authority's board of
directors shall be considered as state officers, and employees
of the air pollution control authority shall be considered as
state employees, for the sole purpose of applying the restrictions of chapter 42.52 RCW to this section.
(3) An air pollution control authority may not enter into
any new cost-reimbursement agreements on or after July 1,
2007. The authority may continue to administer any costreimbursement agreement that was entered into before July 1,
2007, until the project is completed. [2003 c 70 § 5; 2000 c
251 § 6.]
Intent—Captions not law—Effective date—2000 c 251: See notes
following RCW 43.21A.690.
70.94.430
70.94.430 Penalties. (Effective July 1, 2004.) (1) Any
person who knowingly violates any of the provisions of chapter 70.94 or 70.120 RCW, or any ordinance, resolution, or
regulation in force pursuant thereto is guilty of a gross misdemeanor and upon conviction thereof shall be punished by a
fine of not more than ten thousand dollars, or by imprisonment in the county jail for not more than one year, or by both
for each separate violation.
(2) Any person who negligently releases into the ambient
air any substance listed by the department of ecology as a
hazardous air pollutant, other than in compliance with the
terms of an applicable permit or emission limit, and who at
the time negligently places another person in imminent danger of death or substantial bodily harm is guilty of a gross
misdemeanor and shall, upon conviction, be punished by a
fine of not more than ten thousand dollars, or by imprisonment for not more than one year, or both.
(3) Any person who knowingly releases into the ambient
air any substance listed by the department of ecology as a
hazardous air pollutant, other than in compliance with the
terms of an applicable permit or emission limit, and who
knows at the time that he or she thereby places another person
in imminent danger of death or substantial bodily harm, is
guilty of a class C felony and shall, upon conviction, be punished by a fine of not less than fifty thousand dollars, or by
imprisonment for not more than five years, or both.
(4) Any person who knowingly fails to disclose a potential conflict of interest under RCW 70.94.100 is guilty of a
gross misdemeanor, and upon conviction thereof shall be
punished by a fine of not more than five thousand dollars.
[2003 c 53 § 355; 1991 c 199 § 310; 1984 c 255 § 1; 1973 1st
ex.s. c 176 § 1; 1967 c 238 § 61.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.483
70.94.483 Wood stove education and enforcement
account created—Fee imposed on solid fuel burning
device sales. (1) The wood stove education and enforcement
70.94.996
account is hereby created in the state treasury. Money placed
in the account shall include all money received under subsection (2) of this section and any other money appropriated by
the legislature. Money in the account shall be spent for the
purposes of the wood stove education program established
under RCW 70.94.480 and for enforcement of the wood
stove program, and shall be subject to legislative appropriation. However, during the 2003-05 fiscal biennium, the legislature may transfer from the wood stove education and
enforcement account to the air pollution control account such
amounts as specified in the omnibus operating budget bill.
(2) The department of ecology, with the advice of the
advisory committee, shall set a flat fee of thirty dollars, on the
retail sale, as defined in RCW 82.04.050, of each solid fuel
burning device after January 1, 1992. The fee shall be
imposed upon the consumer and shall not be subject to the
retail sales tax provisions of chapters 82.08 and 82.12 RCW.
The fee may be adjusted annually above thirty dollars to
account for inflation as determined by the state office of the
economic and revenue forecast council. The fee shall be collected by the department of revenue in conjunction with the
retail sales tax under chapter 82.08 RCW. If the seller fails to
collect the fee herein imposed or fails to remit the fee to the
department of revenue in the manner prescribed in chapter
82.08 RCW, the seller shall be personally liable to the state
for the amount of the fee. The collection provisions of chapter 82.32 RCW shall apply. The department of revenue shall
deposit fees collected under this section in the wood stove
education and enforcement account. [2003 1st sp.s. c 25 §
932; 1991 sp.s. c 13 §§ 64, 65; 1991 c 199 § 505; 1990 c 128
§ 5; 1987 c 405 § 10.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Finding—1991 c 199: See note following RCW 70.94.011.
Severability—1987 c 405: See note following RCW 70.94.450.
70.94.996
70.94.996 Grant program for ride sharing. (Expires
January 1, 2014.) (1) To the extent that funds are appropriated, the department of transportation shall administer a performance-based grant program for private employers, public
agencies, nonprofit organizations, developers, and property
managers who provide financial incentives for ride sharing in
vehicles carrying two or more persons, for using public transportation, for using car sharing, or for using nonmotorized
commuting, including telework, before July 1, 2013, to their
own or other employees.
(2) The amount of the grant will be determined based on
the value to the transportation system of the vehicle trips
reduced. The commute trip reduction task force shall
develop an award rate giving priority to applications achieving the greatest reduction in trips and commute miles per
public dollar requested and considering the following criteria: The local cost of providing new highway capacity, congestion levels, and geographic distribution.
(3) No private employer, public agency, nonprofit organization, developer, or property manager is eligible for grants
under this section in excess of one hundred thousand dollars
in any fiscal year.
[2003 RCW Supp—page 823]
Chapter 70.95D
Title 70 RCW: Public Health and Safety
(4) The total of grants provided under this section may
not exceed seven hundred fifty thousand dollars in any fiscal
year.
(5) The department of transportation shall report to the
department of revenue by the 15th day of each month the
aggregate monetary amount of grants provided under this
section in the prior month and the identity of the recipients of
those grants.
(6) The source of funds for this grant program is the multimodal transportation account.
(7) This section expires January 1, 2014. [2003 c 364 §
9.]
Effective date—Contingency—Captions not law—2003 c 364: See
notes following RCW 82.70.020.
Chapter 70.95D
Chapter 70.95D RCW
SOLID WASTE INCINERATOR AND
LANDFILL OPERATORS
Sections
70.95D.100 Penalties. (Effective July 1, 2004.)
70.95D.100
70.95D.100 Penalties. (Effective July 1, 2004.) (1)
Any person, including any firm, corporation, municipal corporation, or other governmental subdivision or agency, with
the exception of incinerator operators, violating any provision of this chapter or the rules adopted under this chapter, is
guilty of a misdemeanor.
(2) Any incinerator operator who violates any provision
of this chapter is guilty of a gross misdemeanor.
(3) Each day of operation in violation of this chapter or
any rules adopted under this chapter shall constitute a separate offense.
(4) The prosecuting attorney or the attorney general, as
appropriate, shall secure injunctions of continuing violations
of any provisions of this chapter or the rules adopted under
this chapter. [2003 c 53 § 356; 1989 c 431 § 74.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 70.95M
Chapter 70.95M RCW
MERCURY
Sections
70.95M.010
70.95M.020
70.95M.030
70.95M.040
70.95M.050
70.95M.060
70.95M.070
70.95M.080
70.95M.090
70.95M.100
70.95M.110
70.95M.120
70.95M.130
Definitions.
Fluorescent lamps—Labeling requirements.
Mercury disposal education plan.
Schools—Purchase of mercury prohibited.
Prohibited sales—Novelties, manometers, thermometers,
thermostats, motor vehicles.
Rules—Product preference.
Clearinghouse—Department participation.
Penalties.
Crematories—Nonapplicability of chapter.
Prescription drugs, biological products, over-the-counter
items—Nonapplicability of chapter.
Medical equipment, research tests—Nonapplicability of
chapter.
Fiscal impact—Toxics control account.
National mercury repository site.
70.95M.010
70.95M.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
[2003 RCW Supp—page 824]
(1) "Automotive mercury switch" includes a convenience switch, such as a switch for a trunk or hood light, and
a mercury switch in antilock brake systems.
(2) "Department" means the department of ecology.
(3) "Director" means the director of the department of
ecology.
(4) "Health care facility" includes a hospital, nursing
home, extended care facility, long-term care facility, clinical
or medical laboratory, state or private health or mental institution, clinic, physician's office, or health maintenance organization.
(5) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a mercury-added product
or an importer or domestic distributor of a mercury-added
product produced in a foreign country. In the case of a multicomponent product containing mercury, the manufacturer is
the last manufacturer to produce or assemble the product. If
the multicomponent product or mercury-added product is
produced in a foreign country, the manufacturer is the first
importer or domestic distributor.
(6) "Mercury-added button-cell battery" means a buttoncell battery to which the manufacturer intentionally introduces mercury for the operation of the battery.
(7) "Mercury-added novelty" means a mercury-added
product intended mainly for personal or household enjoyment or adornment. Mercury-added novelties include, but
are not limited to, items intended for use as practical jokes,
figurines, adornments, toys, games, cards, ornaments, yard
statues and figures, candles, jewelry, holiday decorations,
items of apparel, and other similar products. Mercury-added
novelty does not include games, toys, or products that require
a button-cell or lithium battery, liquid crystal display screens,
or a lamp that contains mercury.
(8) "Mercury-added product" means a product, commodity, or chemical, or a product with a component that contains
mercury or a mercury compound intentionally added to the
product, commodity, or chemical in order to provide a specific characteristic, appearance, or quality, or to perform a
specific function, or for any other reason. Mercury-added
products include, but are not limited to, mercury thermometers, mercury thermostats, and mercury switches in motor
vehicles.
(9) "Mercury manometer" means a mercury-added product that is used for measuring blood pressure.
(10) "Mercury thermometer" means a mercury-added
product that is used for measuring temperature.
(11) "Retailer" means a retailer of a mercury-added
product. [2003 c 260 § 2.]
70.95M.020
70.95M.020 Fluorescent lamps—Labeling requirements. (1) Effective January 1, 2004, a manufacturer, wholesaler, or retailer may not knowingly sell at retail a fluorescent
lamp if the fluorescent lamp contains mercury and was manufactured after November 30, 2003, unless the fluorescent
lamp is labeled in accordance with the guidelines listed under
subsection (2) of this section. Primary responsibility for
affixing labels required under this section is on the manufacturer, and not on the wholesaler or retailer.
Mercury
(2) Except as provided in subsection (3) of this section, a
lamp is considered labeled pursuant to subsection (1) of this
section if the lamp has all of the following:
(a) A label affixed to the lamp that displays the internationally recognized symbol for the element mercury; and
(b) A label on the lamp's packaging that: (i) Clearly
informs the purchaser that mercury is present in the item; (ii)
explains that the fluorescent lamp should be disposed of
according to applicable federal, state, and local laws; and (iii)
provides a toll-free telephone number, and a uniform
resource locator internet address to a web site, that contains
information on applicable disposal laws.
(3) The manufacturer of a mercury-added lamp is in
compliance with the requirements of this section if the manufacturer is in compliance with the labeling requirements of
another state.
(4) The provisions of this section do not apply to products containing mercury-added lamps. [2003 c 260 § 3.]
70.95M.030
70.95M.030 Mercury disposal education plan. The
department of health must develop an educational plan for
schools, local governments, businesses, and the public on the
proper disposal methods for mercury and mercury-added
products. [2003 c 260 § 4.]
70.95M.040
70.95M.040 Schools—Purchase of mercury prohibited. A school may not purchase for use in a primary or secondary classroom bulk elemental mercury or chemical mercury compounds. By January 1, 2006, all primary and secondary schools in the state must remove and properly dispose
of all bulk elemental mercury, chemical mercury, and bulk
mercury compounds used as teaching aids in science classrooms, not including barometers. [2003 c 260 § 5.]
70.95M.070
tion standard is approved for the application by the national
institute of standards and technology;
(v) A thermometer that is provided by prescription. A
manufacturer of a mercury thermometer shall supply clear
instructions on the careful handling of the thermometer to
avoid breakage and proper cleanup should a breakage occur;
or
(vi) A manometer or thermometer sold or distributed to a
hospital, or a health care facility controlled by a hospital, if
the hospital has adopted a plan for mercury reduction consistent with the goals of the mercury chemical action plan developed by the department under section 302, chapter 371, Laws
of 2002.
(b) A manufacturer of thermometers that contain mercury must notify all retailers that sell the product about the
provisions of this section and how to properly dispose of any
remaining thermometer inventory.
(3) Effective January 1, 2006, no person may sell, install,
or reinstall a commercial or residential thermostat that contains mercury unless the manufacturer of the thermostat conducts or participates in a thermostat recovery or recycling
program designed to assist contractors in the proper disposal
of thermostats that contain mercury in accordance with 42
U.S.C. Sec. 6901, et seq., the federal resource conservation
and recovery act.
(4) No person may sell, offer for sale, or distribute for
sale or use in this state a motor vehicle manufactured after
January 1, 2006, if the motor vehicle contains an automotive
mercury switch.
(5) Nothing in this section restricts the ability of a manufacturer, importer, or domestic distributor from transporting
products through the state, or storing products in the state for
later distribution outside the state. [2003 c 260 § 6.]
70.95M.060
70.95M.050
70.95M.050 Prohibited sales—Novelties, manometers, thermometers, thermostats, motor vehicles. (1)
Effective January 1, 2006, no person may sell, offer for sale,
or distribute for sale or use in this state a mercury-added novelty. A manufacturer of mercury-added novelties must notify
all retailers that sell the product about the provisions of this
section and how to properly dispose of any remaining mercury-added novelty inventory.
(2)(a) Effective January 1, 2006, no person may sell,
offer for sale, or distribute for sale or use in this state a
manometer used to measure blood pressure or a thermometer
that contains mercury. This subsection (2)(a) does not apply
to:
(i) An electronic thermometer with a button-cell battery
containing mercury;
(ii) A thermometer that contains mercury and that is used
for food research and development or food processing,
including meat, dairy products, and pet food processing;
(iii) A thermometer that contains mercury and that is a
component of an animal agriculture climate control system or
industrial measurement system or for veterinary medicine
until such a time as the system is replaced or a nonmercury
component for the system or application is available;
(iv) A thermometer or manometer that contains mercury
that is used for calibration of other thermometers, manometers, apparatus, or equipment, unless a nonmercury calibra-
70.95M.060 Rules—Product preference. (1) The
department of general administration must, by January 1,
2005, revise its rules, policies, and guidelines to implement
the purpose of this chapter.
(2) The department of general administration must give
priority and preference to the purchase of equipment, supplies, and other products that contain no mercury-added compounds or components, unless: (a) There is no economically
feasible nonmercury-added alternative that performs a similar function; or (b) the product containing mercury is
designed to reduce electricity consumption by at least forty
percent and there is no nonmercury or lower mercury alternative available that saves the same or a greater amount of electricity as the exempted product. In circumstances where a
nonmercury-added product is not available, preference must
be given to the purchase of products that contain the least
amount of mercury added to the product necessary for the
required performance. [2003 c 260 § 7.]
70.95M.070
70.95M.070 Clearinghouse—Department participation. The department is authorized to participate in a
regional or multistate clearinghouse to assist in carrying out
any of the requirements of this chapter. A clearinghouse may
also be used for examining notification and label requirements, developing education and outreach activities, and
maintaining a list of all mercury-added products. [2003 c 260
§ 8.]
[2003 RCW Supp—page 825]
70.95M.080
Title 70 RCW: Public Health and Safety
70.95M.080
70.95M.080 Penalties. A violation of this chapter is
punishable by a civil penalty not to exceed one thousand dollars for each violation in the case of a first violation. Repeat
violators are liable for a civil penalty not to exceed five thousand dollars for each repeat violation. Penalties collected
under this section must be deposited in the state toxics control
account created in RCW 70.105D.070. [2003 c 260 § 9.]
70.95M.090
70.95M.090 Crematories—Nonapplicability of chapter. Nothing in this chapter applies to crematories as that
term is defined in RCW 68.04.070. [2003 c 260 § 10.]
70.95M.100
70.95M.100 Prescription drugs, biological products,
over-the-counter items—Nonapplicability of chapter.
Nothing in this chapter applies to prescription drugs regulated by the food and drug administration under the federal
food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.), to
biological products regulated by the food and drug administration under the public health service act (42 U.S.C. Sec. 262
et seq.), or to any substance that may be lawfully sold overthe-counter without a prescription under the federal food,
drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.). [2003 c
260 § 12.]
70.95M.110
70.95M.110 Medical equipment, research tests—
Nonapplicability of chapter. Nothing in RCW 70.95M.020,
70.95M.050 (1), (3), or (4), or 70.95M.060 applies to medical
equipment or reagents used in medical or research tests regulated by the food and drug administration under the federal
food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.).
[2003 c 260 § 13.]
70.95M.120
70.95M.120 Fiscal impact—Toxics control account.
Any fiscal impact on the department or the department of
health that results from the implementation of this chapter
must be paid for out of funds that are appropriated by the legislature from the state toxics control account for the implementation of the department's persistent bioaccumulative
toxic chemical strategy. [2003 c 260 § 11.]
70.95M.130
70.95M.130 National mercury repository site. The
department of ecology shall petition the United States environmental protection agency requesting development of a
national mercury repository site. [2003 c 260 § 14.]
Chapter 70.96A RCW
TREATMENT FOR ALCOHOLISM, INTOXICATION,
AND DRUG ADDICTION
Chapter 70.96A
(Formerly: Uniform alcoholism and intoxication treatment)
Sections
70.96A.350
70.96A.420
70.96A.520
Criminal justice treatment account.
Statewide treatment and operating standards for opiate substitution programs—Evaluation and report.
Chemical dependency treatment expenditures—Prioritization.
70.96A.350
70.96A.350 Criminal justice treatment account. (1)
The criminal justice treatment account is created in the state
treasury. Moneys in the account may be expended solely for:
(a) Substance abuse treatment and treatment support services
[2003 RCW Supp—page 826]
for offenders with an addiction or a substance abuse problem
that, if not treated, would result in addiction, against whom
charges are filed by a prosecuting attorney in Washington
state; and (b) the provision of drug and alcohol treatment services and treatment support services for nonviolent offenders
within a drug court program. Moneys in the account may be
spent only after appropriation.
(2) For purposes of this section:
(a) "Treatment" means services that are critical to a participant's successful completion of his or her substance abuse
treatment program, but does not include the following services: Housing other than that provided as part of an inpatient substance abuse treatment program, vocational training,
and mental health counseling; and
(b) "Treatment support" means transportation to or from
inpatient or outpatient treatment services when no viable
alternative exists, and child care services that are necessary to
ensure a participant's ability to attend outpatient treatment
sessions.
(3) Revenues to the criminal justice treatment account
consist of: (a) Funds transferred to the account pursuant to
this section; and (b) any other revenues appropriated to or
deposited in the account.
(4)(a) For the fiscal biennium beginning July 1, 2003, the
state treasurer shall transfer eight million nine hundred fifty
thousand dollars from the general fund into the criminal justice treatment account, divided into eight equal quarterly payments. For the fiscal year beginning July 1, 2005, and each
subsequent fiscal year, the state treasurer shall transfer eight
million two hundred fifty thousand dollars from the general
fund to the criminal justice treatment account, divided into
four equal quarterly payments. For the fiscal year beginning
July 1, 2006, and each subsequent fiscal year, the amount
transferred shall be increased on an annual basis by the
implicit price deflator as published by the federal bureau of
labor statistics.
(b) For the fiscal biennium beginning July 1, 2003, and
each biennium thereafter, the state treasurer shall transfer two
million nine hundred eighty-four thousand dollars from the
general fund into the violence reduction and drug enforcement account, divided into eight quarterly payments. The
amounts transferred pursuant to this subsection (4)(b) shall
be used solely for providing drug and alcohol treatment services to offenders confined in a state correctional facility who
are assessed with an addiction or a substance abuse problem
that if not treated would result in addiction.
(c) In each odd-numbered year, the legislature shall
appropriate the amount transferred to the criminal justice
treatment account in (a) of this subsection to the division of
alcohol and substance abuse for the purposes of subsection
(5) of this section.
(5) Moneys appropriated to the division of alcohol and
substance abuse from the criminal justice treatment account
shall be distributed as specified in this subsection. The
department shall serve as the fiscal agent for purposes of distribution. Until July 1, 2004, the department may not use
moneys appropriated from the criminal justice treatment
account for administrative expenses and shall distribute all
amounts appropriated under subsection (4)(c) of this section
in accordance with this subsection. Beginning in July 1,
2004, the department may retain up to three percent of the
Treatment for Alcoholism, Intoxication, and Drug Addiction
70.96A.520
Effective date—2002 c 290 §§ 1, 4-6, 12, 13, 26, and 27: "Sections 1,
4 through 6, 12, 13, 26, and 27 of this act are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately
[April 1, 2002]." [2002 c 290 § 32.]
amount appropriated under subsection (4)(c) of this section
for its administrative costs.
(a) Seventy percent of amounts appropriated to the division from the account shall be distributed to counties pursuant to the distribution formula adopted under this section.
The division of alcohol and substance abuse, in consultation
with the department of corrections, the sentencing guidelines
commission, the Washington state association of counties,
the Washington state association of drug court professionals,
the superior court judges' association, the Washington association of prosecuting attorneys, representatives of the criminal
defense bar, representatives of substance abuse treatment
providers, and any other person deemed by the division to be
necessary, shall establish a fair and reasonable methodology
for distribution to counties of moneys in the criminal justice
treatment account. County or regional plans submitted for
the expenditure of formula funds must be approved by the
panel established in (b) of this subsection.
(b) Thirty percent of the amounts appropriated to the
division from the account shall be distributed as grants for
purposes of treating offenders against whom charges are filed
by a county prosecuting attorney. The division shall appoint
a panel of representatives from the Washington association of
prosecuting attorneys, the Washington association of sheriffs
and police chiefs, the superior court judges' association, the
Washington state association of counties, the Washington
defender's association or the Washington association of criminal defense lawyers, the department of corrections, the
Washington state association of drug court professionals,
substance abuse treatment providers, and the division. The
panel shall review county or regional plans for funding under
(a) of this subsection and grants approved under this subsection. The panel shall attempt to ensure that treatment as
funded by the grants is available to offenders statewide.
(6) The county alcohol and drug coordinator, county
prosecutor, county sheriff, county superior court, a substance
abuse treatment provider appointed by the county legislative
authority, a member of the criminal defense bar appointed by
the county legislative authority, and, in counties with a drug
court, a representative of the drug court shall jointly submit a
plan, approved by the county legislative authority or authorities, to the panel established in subsection (5)(b) of this section, for disposition of all the funds provided from the criminal justice treatment account within that county. The funds
shall be used solely to provide approved alcohol and substance abuse treatment pursuant to RCW 70.96A.090 and
treatment support services. No more than ten percent of the
total moneys received under subsections (4) and (5) of this
section by a county or group of counties participating in a
regional agreement shall be spent for treatment support services.
(7) Counties are encouraged to consider regional agreements and submit regional plans for the efficient delivery of
treatment under this section.
(8) Moneys allocated under this section shall be used to
supplement, not supplant, other federal, state, and local funds
used for substance abuse treatment.
(9) Counties must meet the criteria established in RCW
2.28.170(3)(b). [2003 c 379 § 11; 2002 c 290 § 4.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Intent—2002 c 290: See note following RCW 9.94A.517.
Severability—2002 c 290: See RCW 9.94A.924.
70.96A.420
70.96A.420 Statewide treatment and operating standards for opiate substitution programs—Evaluation and
report. (1) The department, in consultation with opiate substitution treatment service providers and counties and cities,
shall establish statewide treatment standards for certified opiate substitution treatment programs. The department shall
enforce these treatment standards. The treatment standards
shall include, but not be limited to, reasonable provisions for
all appropriate and necessary medical procedures, counseling
requirements, urinalysis, and other suitable tests as needed to
ensure compliance with this chapter.
(2) The department, in consultation with opiate substitution treatment programs and counties, shall establish statewide operating standards for certified opiate substitution
treatment programs. The department shall enforce these
operating standards. The operating standards shall include,
but not be limited to, reasonable provisions necessary to
enable the department and counties to monitor certified and
licensed opiate substitution treatment programs for compliance with this chapter and the treatment standards authorized
by this chapter and to minimize the impact of the opiate substitution treatment programs upon the business and residential neighborhoods in which the program is located.
(3) The department shall establish criteria for evaluating
the compliance of opiate substitution treatment programs
with the goals and standards established under this chapter.
As a condition of certification, opiate substitution programs
shall submit an annual report to the department and county
legislative authority, including data as specified by the
department necessary for outcome analysis. The department
shall analyze and evaluate the data submitted by each treatment program and take corrective action where necessary to
ensure compliance with the goals and standards enumerated
under this chapter. [2003 c 207 § 6; 2001 c 242 § 3; 1998 c
245 § 135; 1995 c 321 § 3; 1989 c 270 § 22.]
70.96A.520
70.96A.520 Chemical dependency treatment expenditures—Prioritization. The department shall prioritize
expenditures for treatment provided under RCW 13.40.165.
The department shall provide funds for inpatient and outpatient treatment providers that are the most successful, using
the standards developed by the University of Washington
under section 27, chapter 338, Laws of 1997. The department may consider variations between the nature of the programs provided and clients served but must provide funds
first for those programs that demonstrate the greatest success
in treatment within categories of treatment and the nature of
the persons receiving treatment. [2003 c 207 § 7; 1997 c 338
§ 28.]
[2003 RCW Supp—page 827]
Chapter 70.98
Chapter 70.98
Title 70 RCW: Public Health and Safety
Chapter 70.98 RCW
NUCLEAR ENERGY AND RADIATION
Sections
70.98.098
Financial assurance—Generally.
70.98.098
70.98.098 Financial assurance—Generally. (1) In
making the determination of the appropriate level of financial
assurance, the secretary shall consider: (a) The report prepared by the department of ecology pursuant to RCW
43.200.200; (b) the potential cost of decontamination, treatment, disposal, decommissioning, and cleanup of facilities or
equipment; (c) federal cleanup and decommissioning
requirements; and (d) the legal defense cost, if any, that might
be paid from the required financial assurance.
(2) The secretary may establish different levels of
required financial assurance for various classes of permit or
license holders.
(3) The secretary shall establish by rule the instruments
or mechanisms by which a person may demonstrate financial
assurance as required by RCW 70.98.095.
(4) To the extent that money in the site closure account
together with the amount of money identified for repayment
to the site closure account pursuant to RCW 43.200.080
equals or exceeds the cost estimate approved by the department of health for closure and decommissioning of the Hanford low-level radioactive waste disposal facility, the money
in the site closure account together with the amount of money
identified for repayment to the site closure account shall constitute adequate financial assurance for purposes of the
department of health financial assurance requirements under
RCW 70.98.095. [2003 1st sp.s. c 21 § 2; 1992 c 61 § 4; 1990
c 82 § 3.]
Chapter 70.103
Chapter 70.103 RCW
LEAD-BASED PAINT
Sections
70.103.010
70.103.020
70.103.030
70.103.040
70.103.050
70.103.060
70.103.070
70.103.080
70.103.090
Finding. (Contingent expiration date.)
Definitions. (Contingent expiration date.)
Certification and training—Local governments—Rules.
(Contingent expiration date.)
Certification and accreditation—Rules. (Contingent expiration date.)
Rules—Report. (Contingent expiration date.)
Lead paint account. (Contingent expiration date.)
Inspections. (Contingent expiration date.)
Certification required to perform lead-based paint activities—
Certificate revocation—Penalties. (Contingent expiration
date.)
Chapter contingent on federal action. (Contingent expiration
date.)
70.103.010
70.103.010 Finding. (Contingent expiration date.) (1)
The legislature finds that lead hazards associated with leadbased paint represent a significant and preventable environmental health problem. Lead-based paint is the most widespread of the various sources of lead exposure to the public.
Census data show that one million five hundred sixty thousand homes in Washington state were built prior to 1978
when the sale of residential lead-based paint was banned.
These are homes that are believed to contain some lead-based
paint.
Lead negatively affects every system of the body. It is
harmful to individuals of all ages and is especially harmful to
[2003 RCW Supp—page 828]
children, fetuses, and adults of childbearing age. The effects
of lead on a child's cognitive, behavioral, and developmental
abilities may necessitate large expenditures of public funds
for health care and special education. The irreversible damage to children and subsequent expenditures could be
avoided if exposure to lead is reduced.
(2) The federal government regulates lead poisoning and
lead hazard reduction through:
(a)(i) The lead-based paint poisoning prevention act;
(ii) The lead contamination control act;
(iii) The safe drinking water act;
(iv) The resource conservation and recovery act of 1976;
and
(v) The residential lead-based paint hazard reduction act
of 1992; and
(b) Implementing regulations of:
(i) The environmental protection agency;
(ii) The department of housing and urban development;
(iii) The occupational safety and health administration;
and
(iv) The centers for disease control and prevention.
(3) In 1992, congress passed the federal residential leadbased paint hazard reduction act, which allows states to provide for the accreditation of lead-based paint activities programs, the certification of persons completing such training
programs, and the licensing of lead-based paint activities
contractors under standards developed by the United States
environmental protection agency.
(4) The legislature recognizes the state's need to protect
the public from exposure to lead hazards. A qualified and
properly trained work force is needed to assist in the prevention, detection, reduction, and elimination of hazards associated with lead-based paint. The purpose of training workers,
supervisors, inspectors, risk assessors, and project designers
engaged in lead-based paint activities is to protect building
occupants, particularly children ages six years and younger
from potential lead-based paint hazards and exposures both
during and after lead-based paint activities. Qualified and
properly trained individuals and firms will help to ensure
lead-based paint activities are conducted in a way that protects the health of the citizens of Washington state and safeguards the environment. The state lead-based paint activities
program requires that all lead-based paint activities be performed by certified personnel trained by an accredited program, and that all lead-based paint activities meet minimum
work practice standards established by the department of
community, trade, and economic development. Therefore,
the lead-based paint activities accreditation, training, and certification program shall be established in accordance with
this chapter. The lead-based paint activities accreditation,
training, and certification program shall be administered by
the department of community, trade, and economic development and shall be used as a means to assure the protection of
the general public from exposure to lead hazards.
(5) For the welfare of the people of the state of Washington, this chapter establishes a lead-based paint activities program within the department of community, trade, and economic development to protect the general public from exposure to lead hazards and to ensure the availability of a trained
and qualified work force to identify and address lead-based
paint hazards. The legislature recognizes the department of
Lead-Based Paint
community, trade, and economic development is not a regulatory agency and may delegate enforcement responsibilities
under chapter 322, Laws of 2003 to local governments or private entities. [2003 c 322 § 1.]
70.103.020
70.103.020 Definitions. (Contingent expiration date.)
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Abatement" means any measure or set of measures
designed to permanently eliminate lead-based paint hazards.
(a) Abatement includes, but is not limited to:
(i) The removal of paint and dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of
painted surfaces or fixtures, or the removal or permanent covering of soil, when lead-based paint hazards are present in
such paint, dust, or soil; and
(ii) All preparation, cleanup, disposal, and postabatement clearance testing activities associated with such measures.
(b) Specifically, abatement includes, but is not limited
to:
(i) Projects for which there is a written contract or other
documentation, which provides that an individual or firm will
be conducting activities in or to a residential dwelling or
child-occupied facility that:
(A) Shall result in the permanent elimination of leadbased paint hazards; or
(B) Are designed to permanently eliminate lead-based
paint hazards and are described in (a)(i) and (ii) of this subsection;
(ii) Projects resulting in the permanent elimination of
lead-based paint hazards, conducted by certified firms or
individuals, unless such projects are covered by (c) of this
subsection;
(iii) Projects resulting in the permanent elimination of
lead-based paint hazards, conducted by firms or individuals
who, through their company name or promotional literature,
represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities as identified
and defined by this section, unless such projects are covered
by (c) of this subsection; or
(iv) Projects resulting in the permanent elimination of
lead-based paint hazards, that are conducted in response to
state or local abatement orders.
(c) Abatement does not include renovation, remodeling,
landscaping, or other activities, when such activities are not
designed to permanently eliminate lead-based paint hazards,
but, instead, are designed to repair, restore, or remodel a
given structure or dwelling, even though these activities may
incidentally result in a reduction or elimination of lead-based
paint hazards. Furthermore, abatement does not include
interim controls, operations and maintenance activities, or
other measures and activities designed to temporarily, but not
permanently, reduce lead-based paint hazards.
(2) "Accredited training program" means a training program that has been accredited by the department to provide
training for individuals engaged in lead-based paint activities.
(3) "Certified inspector" means an individual who has
been trained by an accredited training program, meets all the
70.103.020
qualifications established by the department, and is certified
by the department to conduct inspections.
(4) "Certified abatement worker" means an individual
who has been trained by an accredited training program,
meets all the qualifications established by the department,
and is certified by the department to perform abatements.
(5) "Certified firm" includes a company, partnership,
corporation, sole proprietorship, association, agency, or other
business entity that meets all the qualifications established by
the department and performs lead-based paint activities to
which the department has issued a certificate.
(6) "Certified project designer" means an individual who
has been trained by an accredited training program, meets all
the qualifications established by the department, and is certified by the department to prepare abatement project designs,
occupant protection plans, and abatement reports.
(7) "Certified risk assessor" means an individual who has
been trained by an accredited training program, meets all the
qualifications established by the department, and is certified
by the department to conduct risk assessments and sample for
the presence of lead in dust and soil for the purposes of abatement clearance testing.
(8) "Certified supervisor" means an individual who has
been trained by an accredited training program, meets all the
qualifications established by the department, and is certified
by the department to supervise and conduct abatements, and
to prepare occupant protection plans and abatement reports.
(9) "Department" means the Washington state department of community, trade, and economic development.
(10) "Director" means the director of the Washington
state department of community, trade, and economic development.
(11) "Federal laws and rules" means:
(a) Title IV, toxic substances control act (15 U.S.C. Sec.
2681 et seq.) and the rules adopted by the United States environmental protection agency under that law for authorization
of state programs;
(b) Any regulations or requirements adopted by the
United States department of housing and urban development
regarding eligibility for grants to states and local governments; and
(c) Any other requirements adopted by a federal agency
with jurisdiction over lead-based paint hazards.
(12) "Lead-based paint" means paint or other surface
coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5 percent by
weight.
(13) "Lead-based paint activity" includes inspection,
testing, risk assessment, lead-based paint hazard reduction
project design or planning, or abatement of lead-based paint
hazards.
(14) "Lead-based paint hazard" means any condition that
causes exposure to lead from lead-contaminated dust, leadcontaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or
impact surfaces that would result in adverse human health
effects as identified by the administrator of the United States
environmental protection agency under the toxic substances
control act, section 403.
(15) "State program" means a state administered leadbased paint activities certification and training program that
[2003 RCW Supp—page 829]
70.103.030
Title 70 RCW: Public Health and Safety
meets the federal environmental protection agency requirements.
(16) "Person" includes an individual, corporation, firm,
partnership, or association, an Indian tribe, state, or political
subdivision of a state, and a state department or agency.
(17) "Risk assessment" means:
(a) An on-site investigation to determine the existence,
nature, severity, and location of lead-based paint hazards; and
(b) The provision of a report by the individual or the firm
conducting the risk assessment, explaining the results of the
investigation and options for reducing lead-based paint hazards. [2003 c 322 § 2.]
70.103.030
70.103.030 Certification and training—Local governments—Rules. (Contingent expiration date.) (1) The
department shall administer and enforce a state program for
worker training and certification, and training program
accreditation, which shall include those program elements
necessary to assume responsibility for federal requirements
for a program as set forth in Title IV of the toxic substances
control act (15 U.S.C. Sec. 2601 et seq.), the residential leadbased paint hazard reduction act of 1992 (42 U.S.C. Sec.
4851 et seq.), 40 C.F.R. Part 745, Subparts L and Q (1996),
and Title X of the housing and community development act
of 1992 (P.L. 102-550). The department may delegate or
enter into a memorandum of understanding with local governments or private entities for implementation of components of the state program.
(2) The department is authorized to adopt rules that are
consistent with federal requirements to implement a state
program. Rules adopted under this section shall:
(a) Establish minimum accreditation requirements for
lead-based paint activities for training providers;
(b) Establish work practice standards for conduct of
lead-based paint activities;
(c) Establish certification requirements for individuals
and firms engaged in lead-based paint activities including
provisions for recognizing certifications accomplished under
existing certification programs;
(d) Require the use of certified personnel in all leadbased paint activities;
(e) Be revised as necessary to comply with federal law
and rules and to maintain eligibility for federal funding;
(f) Facilitate reciprocity and communication with other
states having a lead-based paint certification program;
(g) Provide for decertification, deaccreditation, and
financial assurance for a person certified by or a training provider accredited by the department; and
(h) Be issued in accordance with the administrative procedure act, chapter 34.05 RCW.
(3) The department may accept federal funds for the
administration of the program.
(4) This program shall equal, but not exceed, legislative
authority under federal requirements as set forth in Title IV of
the toxic substances control act (15 U.S.C. Sec. 2601 et seq.),
the residential lead-based paint hazard reduction act of 1992
(42 U.S.C. Sec. 4851 et seq.), and Title X of the housing and
community development act of 1992 (P.L. 102-550).
(5) Any rules adopted by the department shall be consistent with federal laws, regulations, and requirements relating
to lead-based paint activities specified by the residential lead[2003 RCW Supp—page 830]
based paint hazard reduction act of 1992 (42 U.S.C. Sec.
4851 et seq.) and Title X of the housing and community
development act of 1992 (P.L. 102-550), and rules adopted
pursuant to chapter 70.105D RCW, to ensure consistency in
regulatory action. The rules may not be more restrictive than
corresponding federal and state regulations unless such stringency is specifically authorized by this chapter.
(6) The department shall collect a fee in the amount of
twenty-five dollars for certification and recertification of lead
paint firms, inspectors, project developers, risk assessors,
supervisors, and abatement workers.
(7) The department shall collect a fee in the amount of
two hundred dollars for the accreditation of lead paint training programs. [2003 c 322 § 3.]
70.103.040
70.103.040 Certification and accreditation—Rules.
(Contingent expiration date.) (1) The department shall
establish a program for certification of persons involved in
lead-based paint activities and for accreditation of training
providers in compliance with federal laws and rules.
(2) Rules adopted under this section shall:
(a) Establish minimum accreditation requirements for
lead-based paint activities for training providers;
(b) Establish work practice standards for conduct of
lead-based paint activities;
(c) Establish certification requirements for individuals
and firms engaged in lead-based paint activities including
provisions for recognizing certifications accomplished under
existing certification programs;
(d) Require the use of certified personnel in any leadbased paint hazard reduction activity;
(e) Be revised as necessary to comply with federal law
and rules and to maintain eligibility for federal funding;
(f) Facilitate reciprocity and communication with other
states having a lead-based paint certification program;
(g) Provide for decertification, deaccreditation, and
financial assurance for a person certified or accredited by the
department; and
(h) Be issued in accordance with the administrative procedure act, chapter 34.05 RCW.
(3) This program shall equal, but not exceed, legislative
authority under federal requirements as set forth in Title IV of
the toxic substances control act (15 U.S.C. Sec. 2601 et seq.),
the residential lead-based paint hazard reduction act of 1992
(42 U.S.C. Sec. 4851 et seq.), 40 C.F.R. Part 745 (1996),
Subparts L and Q, and Title X of the housing and community
development act of 1992 (P.L. 102-550).
(4) Any rules adopted by the department shall be consistent with federal laws, regulations, and requirements relating
to lead-based paint activities specified by the residential leadbased paint hazard reduction act of 1992 (42 U.S.C. Sec.
4851 et seq.) and Title X of the housing and community
development act of 1992 (P.L. 102-550), and rules adopted
pursuant to chapter 70.105D RCW, to ensure consistency in
regulatory action. The rules may not be more restrictive than
corresponding federal and state regulations unless such stringency is specifically authorized by this chapter.
(5) The department may accept federal funds for the
administration of the program. [2003 c 322 § 4.]
Lead-Based Paint
70.103.080
70.103.050
70.103.050 Rules—Report. (Contingent expiration
date.) The department shall adopt rules to:
(1) Establish procedures and requirements for the
accreditation of lead-based paint activities training programs
including, but not limited to, the following:
(a) Training curriculum;
(b) Training hours;
(c) Hands-on training;
(d) Trainee competency and proficiency;
(e) Training program quality control;
(f) Procedures for the reaccreditation of training programs;
(g) Procedures for the oversight of training programs;
and
(h) Procedures for the suspension, revocation, or modification of training program accreditations, or acceptance of
training offered by an accredited training provider in another
state or Indian tribe authorized by the environmental protection agency;
(2) Establish procedures for the purposes of certification,
for the acceptance of training offered by an accredited training provider in a state or Indian tribe authorized by the environmental protection agency;
(3) Certify individuals involved in lead-based paint
activities to ensure that certified individuals are trained by an
accredited training program and possess appropriate educational or experience qualifications for certification;
(4) Establish procedures for recertification;
(5) Require the conduct of lead-based paint activities in
accordance with work practice standards;
(6) Establish procedures for the suspension, revocation,
or modification of certifications;
(7) Establish requirements for the administration of
third-party certification exams;
(8) Use laboratories accredited under the environmental
protection agency's national lead laboratory accreditation
program;
(9) Establish work practice standards for the conduct of
lead-based paint activities for:
(a) Inspection for presence of lead-based paint;
(b) Risk assessment; and
(c) Abatement;
(10) Establish an enforcement response policy that shall
include:
(a) Warning letters, notices of noncompliance, notices of
violation, or the equivalent;
(b) Administrative or civil actions, including penalty
authority, including accreditation or certification suspension,
revocation, or modification; and
(c) Authority to apply criminal sanctions or other criminal authority using existing state laws as applicable.
The department shall prepare and submit a biennial
report to the legislature regarding the program's status, its
costs, and the number of persons certified by the program.
[2003 c 322 § 5.]
70.103.060
70.103.060 Lead paint account. (Contingent expiration date.) The lead paint account is created in the state treasury. All receipts from RCW 70.103.030 shall be deposited
into the account. Moneys in the account may be spent only
after appropriation. Expenditures from the account may be
used only for the purposes of this chapter. [2003 c 322 § 6.]
70.103.070
70.103.070 Inspections. (Contingent expiration date.)
(1)(a) The director or the director's designee is authorized to
inspect at reasonable times and, when feasible, with at least
twenty-four hours prior notification:
(i) Premises or facilities where those engaged in training
for lead-based paint activities conduct business; and
(ii) The business records of, and take samples at, the
businesses accredited or certified under this chapter to conduct lead-based paint training or activities.
(b) Any accredited training program or any firm or individual certified under this chapter that denies access to the
department for the purposes of (a) of this subsection is subject to deaccreditation or decertification under RCW
70.103.040.
(2) The director or the director's designee is authorized to
inspect premises or facilities, with the consent of the owner
or owner's agent, where violations may occur concerning
lead-based paint activities, as defined under RCW
70.103.020, at reasonable times and, when feasible, with at
least forty-eight hours prior notification of the inspection.
(3) Prior to receipt of federal lead-based paint abatement
funding, all premise or facility owners shall be notified by
any entity that receives and disburses the federal funds that an
inspection may be conducted. If a premise or facility owner
does not wish to have an inspection conducted, that owner is
not eligible to receive lead-based paint abatement funding.
[2003 c 322 § 7.]
70.103.080
70.103.080 Certification required to perform leadbased paint activities—Certificate revocation—Penalties.
(Contingent expiration date.) (1) The department is designated as the official agency of this state for purposes of cooperating with, and implementing the state lead-based paint
activities program under the jurisdiction of the United States
environmental protection agency.
(2) No individual or firm can perform, offer, or claim to
perform lead-based paint activities without certification from
the department to conduct these activities.
(3) The department may deny, suspend, or revoke a certificate for failure to comply with the requirements of this
chapter or any rule adopted under this chapter. No person
whose certificate is revoked under this chapter shall be eligible to apply for a certificate for one year from the effective
date of the final order of revocation. A certificate may be
denied, suspended, or revoked on any of the following
grounds:
(a) A risk assessor, inspector, contractor, project
designer, or worker violates work practice standards established by the United States environmental protection agency
or the United States department of housing and urban development governing work practices and procedures; or
(b) The certificate was obtained by error, misrepresentation, or fraud.
(4) Any person convicted of violating any of the provisions of this chapter is guilty of a misdemeanor. A conviction
is an unvacated forfeiture of bail or collateral deposited to
secure the defendant's appearance in court, the payment of a
fine, a plea of guilty, or a finding of guilt on a violation of this
[2003 RCW Supp—page 831]
70.103.090
Title 70 RCW: Public Health and Safety
chapter, regardless of whether imposition of sentence is
deferred or the penalty is suspended, and shall be treated as a
violation conviction for purposes of certification forfeiture
under this chapter. Violations of this chapter include:
(a) Failure to comply with any requirement of this chapter;
(b) Failure or refusal to establish, maintain, provide,
copy, or permit access to records or reports as required;
(c) Obtaining certification through fraud or misrepresentation;
(d) Failure to obtain certification from the department
and performing work requiring certification at a job site; or
(e) Fraudulently obtaining certification and engaging in
any lead-based paint activities requiring certification. [2003
c 322 § 8.]
70.103.090
70.103.090 Chapter contingent on federal action.
(Contingent expiration date.) (1) The department's duties
under chapter 322, Laws of 2003 are subject to authorization
of the state program from the federal government within two
years of July 27, 2003. Chapter 322, Laws of 2003 expires if
the federal environmental protection agency does not authorize a state program within two years of July 27, 2003.
(2) The department's duties under chapter 322, Laws of
2003 are subject to the availability of sufficient funding from
the federal government for this purpose. The director or his
or her designee shall seek funding of the department's efforts
under this chapter from the federal government. By October
15th of each year, the director shall determine if sufficient
federal funding has been provided or guaranteed by the federal government. If the director determines sufficient funding has not been provided, the department shall cease efforts
under this chapter due to the lack of federal funding. [2003 c
322 § 9.]
Chapter 70.105
Chapter 70.105 RCW
HAZARDOUS WASTE MANAGEMENT
Sections
70.105.085
Violations—Criminal penalties. (Effective July 1, 2004.)
70.105.085
70.105.085 Violations—Criminal penalties. (Effective July 1, 2004.) (1) Any person who knowingly transports,
treats, stores, handles, disposes of, or exports a hazardous
substance in violation of this chapter is guilty of: (a) A class
B felony punishable according to chapter 9A.20 RCW if the
person knows at the time that the conduct constituting the
violation places another person in imminent danger of death
or serious bodily injury; or (b) a class C felony punishable
according to chapter 9A.20 RCW if the person knows that the
conduct constituting the violation places any property of
another person or any natural resources owned by the state of
Washington or any of its local governments in imminent danger of harm.
(2) As used in this section: (a) "Imminent danger" means
that there is a substantial likelihood that harm will be experienced within a reasonable period of time should the danger
not be eliminated; and (b) "knowingly" refers to an awareness
of facts, not awareness of law. [2003 c 53 § 357; 1989 c 2 §
15 (Initiative Measure No. 97, approved November 8, 1988).]
[2003 RCW Supp—page 832]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Short title—Captions—Construction—Existing agreements—
Effective date—Severability—1989 c 2: See RCW 70.105D.900 through
70.105D.921, respectively.
Chapter 70.105D
Chapter 70.105D RCW
HAZARDOUS WASTE CLEANUP—MODEL TOXICS
CONTROL ACT
Sections
70.105D.070
70.105D.090
70.105D.070
Toxics control accounts.
Remedial actions—Exemption from procedural requirements.
70.105D.070 Toxics control accounts. (1) The state
toxics control account and the local toxics control account are
hereby created in the state treasury.
(2) The following moneys shall be deposited into the
state toxics control account: (a) Those revenues which are
raised by the tax imposed under RCW 82.21.030 and which
are attributable to that portion of the rate equal to thirty-three
one-hundredths of one percent; (b) the costs of remedial
actions recovered under this chapter or chapter 70.105A
RCW; (c) penalties collected or recovered under this chapter;
and (d) any other money appropriated or transferred to the
account by the legislature. Moneys in the account may be
used only to carry out the purposes of this chapter, including
but not limited to the following activities:
(i) The state's responsibility for hazardous waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.105
RCW;
(ii) The state's responsibility for solid waste planning,
management, regulation, enforcement, technical assistance,
and public education required under chapter 70.95 RCW;
(iii) The hazardous waste cleanup program required
under this chapter;
(iv) State matching funds required under the federal
cleanup law;
(v) Financial assistance for local programs in accordance
with chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;
(vi) State government programs for the safe reduction,
recycling, or disposal of hazardous wastes from households,
small businesses, and agriculture;
(vii) Hazardous materials emergency response training;
(viii) Water and environmental health protection and
monitoring programs;
(ix) Programs authorized under chapter 70.146 RCW;
(x) A public participation program, including regional
citizen advisory committees;
(xi) Public funding to assist potentially liable persons to
pay for the costs of remedial action in compliance with
cleanup standards under RCW 70.105D.030(2)(e) but only
when the amount and terms of such funding are established
under a settlement agreement under RCW 70.105D.040(4)
and when the director has found that the funding will achieve
both (A) a substantially more expeditious or enhanced
cleanup than would otherwise occur, and (B) the prevention
or mitigation of unfair economic hardship; and
Hazardous Waste Cleanup—Model Toxics Control Act
(xii) Development and demonstration of alternative
management technologies designed to carry out the top two
hazardous waste management priorities of RCW 70.105.150.
(3) The following moneys shall be deposited into the
local toxics control account: Those revenues which are
raised by the tax imposed under RCW 82.21.030 and which
are attributable to that portion of the rate equal to thirty-seven
one-hundredths of one percent.
(a) Moneys deposited in the local toxics control account
shall be used by the department for grants or loans to local
governments for the following purposes in descending order
of priority: (i) Remedial actions; (ii) hazardous waste plans
and programs under chapter 70.105 RCW; (iii) solid waste
plans and programs under chapters 70.95, 70.95C, 70.95I,
and 70.105 RCW; (iv) funds for a program to assist in the
assessment and cleanup of sites of methamphetamine production, but not to be used for the initial containment of such
sites, consistent with the responsibilities and intent of RCW
69.50.511; and (v) cleanup and disposal of hazardous substances from abandoned or derelict vessels that pose a threat
to human health or the environment. For purposes of this
subsection (3)(a)(v), "abandoned or derelict vessels" means
vessels that have little or no value and either have no identified owner or have an identified owner lacking financial
resources to clean up and dispose of the vessel. Funds for
plans and programs shall be allocated consistent with the priorities and matching requirements established in chapters
70.105, 70.95C, 70.95I, and 70.95 RCW. During the 19992001 fiscal biennium, moneys in the account may also be
used for the following activities: Conducting a study of
whether dioxins occur in fertilizers, soil amendments, and
soils; reviewing applications for registration of fertilizers;
and conducting a study of plant uptake of metals. During the
2003-05 fiscal biennium, the legislature may transfer from
the local toxics control account to the state toxics control
account such amounts as specified in the omnibus operating
budget bill for methamphetamine lab cleanup.
(b) Funds may also be appropriated to the department of
health to implement programs to reduce testing requirements
under the federal safe drinking water act for public water systems. The department of health shall reimburse the account
from fees assessed under RCW 70.119A.115 by June 30,
1995.
(4) Except for unanticipated receipts under RCW
43.79.260 through 43.79.282, moneys in the state and local
toxics control accounts may be spent only after appropriation
by statute.
(5) One percent of the moneys deposited into the state
and local toxics control accounts shall be allocated only for
public participation grants to persons who may be adversely
affected by a release or threatened release of a hazardous substance and to not-for-profit public interest organizations. The
primary purpose of these grants is to facilitate the participation by persons and organizations in the investigation and
remedying of releases or threatened releases of hazardous
substances and to implement the state's solid and hazardous
waste management priorities. However, during the 19992001 fiscal biennium, funding may not be granted to entities
engaged in lobbying activities, and applicants may not be
awarded grants if their cumulative grant awards under this
section exceed two hundred thousand dollars. No grant may
70.105D.090
exceed sixty thousand dollars. Grants may be renewed annually. Moneys appropriated for public participation from
either account which are not expended at the close of any
biennium shall revert to the state toxics control account.
(6) No moneys deposited into either the state or local
toxics control account may be used for solid waste incinerator feasibility studies, construction, maintenance, or operation.
(7) The department shall adopt rules for grant or loan
issuance and performance. [2003 1st sp.s. c 25 § 933; 2001 c
27 § 2; 2000 2nd sp.s. c 1 § 912; 1999 c 309 § 923. Prior:
1998 c 346 § 905; 1998 c 81 § 2; 1997 c 406 § 5; 1994 c 252
§ 5; 1991 sp.s. c 13 § 69; 1989 c 2 § 7 (Initiative Measure No.
97, approved November 8, 1988).]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Finding—2001 c 27: "The legislature finds that there is an increasing
number of derelict vessels that have been abandoned in the waters along the
shorelines of the state. These vessels pose hazards to navigation and threaten
the environment with the potential release of hazardous materials. There is
no current federal program that comprehensively addresses this problem, and
the legislature recognizes that the state must assist in providing a solution to
this increasing hazard." [2001 c 27 § 1.]
Severability—Effective date—2000 2nd sp.s. c 1: See notes following RCW 41.05.143.
Severability—Effective date—1999 c 309: See notes following RCW
41.06.152.
Construction—Severability—Effective date—1998 c 346: See notes
following RCW 50.24.014.
Local governments—Increased service—1998 c 81: "If this act mandates an increased level of service by local governments, the local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for
reimbursement by the legislature. The claims shall be subject to verification
by the office of financial management." [1998 c 81 § 3.]
F ind ing s— Inte nt— 1 997 c 40 6: See n ot e fol l ow i ng RC W
70.105D.020.
Finding—Effective date—1994 c 252: See notes following RCW
70.119A.020.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
70.105D.090
70.105D.090 Remedial actions—Exemption from
procedural requirements. (1) A person conducting a remedial action at a facility under a consent decree, order, or
agreed order, and the department when it conducts a remedial
action, are exempt from the procedural requirements of chapters 70.94, 70.95, 70.105, 77.55, 90.48, and 90.58 RCW, and
the procedural requirements of any laws requiring or authorizing local government permits or approvals for the remedial
action. The department shall ensure compliance with the
substantive provisions of chapters 70.94, 70.95, 70.105,
77.55, 90.48, and 90.58 RCW, and the substantive provisions
of any laws requiring or authorizing local government permits of approvals. The department shall establish procedures
for ensuring that such remedial actions comply with the substantive requirements adopted pursuant to such laws, and
shall consult with the state agencies and local governments
charged with implementing these laws. The procedures shall
provide an opportunity for comment by the public and by the
state agencies and local governments that would otherwise
implement the laws referenced in this section. Nothing in
this section is intended to prohibit implementing agencies
from charging a fee to the person conducting the remedial
[2003 RCW Supp—page 833]
Chapter 70.106
Title 70 RCW: Public Health and Safety
Chapter 70.110
action to defray the costs of services rendered relating to the
substantive requirements for the remedial action.
(2) An exemption in this section or in RCW 70.94.335,
70.95.270, 70.105.116, 77.55.030, 90.48.039, and 90.58.355
shall not apply if the department determines that the exemption would result in loss of approval from a federal agency
necessary for the state to administer any federal law, including the federal resource conservation and recovery act, the
federal clean water act, the federal clean air act, and the federal coastal zone management act. Such a determination by
the department shall not affect the applicability of the exemptions to other statutes specified in this section. [2003 c 39 §
30; 1994 c 257 § 14.]
Severability—1994 c 257: See note following RCW 36.70A.270.
Chapter 70.106
Chapter 70.106 RCW
POISON PREVENTION—LABELING
AND PACKAGING
Sections
70.106.140
Chapter 70.110 RCW
FLAMMABLE FABRICS—
CHILDREN'S SLEEPWEAR
Sections
70.110.040
70.110.060
Compliance required. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
70.110.040
70.110.040 Compliance required. (Effective July 1,
2004.) (1) It shall be unlawful to manufacture for sale, sell,
or offer for sale any new and unused article of children's
sleepwear which does not comply with the standards established in the Standard for the Flammability of Children's
Sleepwear (DOC FF 3-71), 36 F.R. 14062 and the Flammable
Fabrics Act, 15 U.S.C. 1191-1204.
(2) A violation of this section is a gross misdemeanor.
[2003 c 53 § 360; 1973 1st ex.s. c 211 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
70.110.060
Penalties. (Effective July 1, 2004.)
70.110.060 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
70.106.140
70.106.140 Penalties. (Effective July 1, 2004.) (1)
Except as provided in subsection (2) of this section, any person violating the provisions of this chapter or rules adopted
under this chapter is guilty of a misdemeanor.
(2) A second or subsequent violation of the provisions of
this chapter or rules adopted under this chapter is a gross misdemeanor. Any offense committed more than five years after
a previous conviction shall be considered a first offense.
[2003 c 53 § 358; 1974 ex.s. c 49 § 16.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 70.108
Chapter 70.108 RCW
OUTDOOR MUSIC FESTIVALS
Sections
70.108.130
Penalty. (Effective July 1, 2004.)
70.108.130
70.108.130 Penalty. (Effective July 1, 2004.) (1)
Except as otherwise provided in this section, any person who
willfully fails to comply with the rules, regulations, and conditions set forth in this chapter or who aids or abets such a
violation or failure to comply is guilty of a gross misdemeanor.
(2)(a) Except as provided in (b) of this subsection, violation of such a rule, regulation, or condition relating to traffic
including parking, standing, stopping, and pedestrian
offenses is a traffic infraction.
(b) Violation of such a rule, regulation, or condition
equivalent to those provisions of Title 46 RCW set forth in
RCW 46.63.020 is a misdemeanor. [2003 c 53 § 359; 1979
ex.s. c 136 § 104; 1971 ex.s. c 302 § 32.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
[2003 RCW Supp—page 834]
Chapter 70.111
Chapter 70.111 RCW
INFANT CRIB SAFETY ACT
Sections
70.111.030
70.111.050
70.111.030
Unsafe cribs—Prohibition—Definition—Penalty. (Effective
July 1, 2004.)
Repealed. (Effective July 1, 2004.)
70.111.030 Unsafe cribs—Prohibition—Definition—
Penalty. (Effective July 1, 2004.) (1) No commercial user
may remanufacture, retrofit, sell, contract to sell or resell,
lease, sublet, or otherwise place in the stream of commerce,
on or after June 6, 1996, a full-size or nonfull-size crib that is
unsafe for any infant using the crib.
(2) A crib is presumed to be unsafe pursuant to this chapter if it does not conform to all of the following:
(a) Part 1508 (commencing with Section 1508.1) of Title
16 of the Code of Federal Regulations;
(b) Part 1509 (commencing with Section 1509.1) of Title
16 of the Code of Federal Regulations;
(c) Part 1303 (commencing with Section 1303.1) of Title
16 of the Code of Federal Regulations;
(d) American Society for Testing Materials Voluntary
Standards F966-90;
(e) American Society for Testing Materials Voluntary
Standards F1169.88;
(f) Any regulations that are adopted in order to amend or
supplement the regulations described in (a) through (e) of this
subsection.
(3) Cribs that are unsafe or fail to perform as expected
pursuant to subsection (2) of this section include, but are not
limited to, cribs that have any of the following dangerous features or characteristics:
(a) Corner posts that extend more than one-sixteenth of
an inch;
(b) Spaces between side slats more than two and threeeighths inches;
Public Water Systems—Penalties and Compliance
(c) Mattress support than can be easily dislodged from
any point of the crib. A mattress segment can be easily dislodged if it cannot withstand at least a twenty-five pound
upward force from underneath the crib;
(d) Cutout designs on the end panels;
(e) Rail height dimensions that do not conform to the following:
(i) The height of the rail and end panel as measured from
the top of the rail or panel in its lowest position to the top of
the mattress support in its highest position is at least nine
inches;
(ii) The height of the rail and end panel as measured from
the top of the rail or panel in its highest position to the top of
the mattress support in its lowest position is at least twentysix inches;
(f) Any screws, bolts, or hardware that are loose and not
secured;
(g) Sharp edges, points, or rough surfaces, or any wood
surfaces that are not smooth and free from splinters, splits, or
cracks;
(h) Nonfull-size cribs with tears in mesh or fabric sides.
(4) On or after January 1, 1997, any commercial user
who willfully and knowingly violates this section is guilty of
a misdemeanor, punishable by a fine not exceeding one thousand dollars. Hotels, motels, and similar transient lodging,
child care facilities, and family child care homes are not subject to this section until January 1, 1999. [2003 c 53 § 361;
1996 c 158 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
70.111.050
70.111.050 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 70.119A RCW
PUBLIC WATER SYSTEMS—PENALTIES
AND COMPLIANCE
Chapter 70.119A
Sections
70.119A.110
70.119A.180
70.119A.110
Operating permits—Application process—Phase-in of
implementation—Satellite systems.
Water use efficiency requirements—Rules.
70.119A.110 Operating permits—Application process—Phase-in of implementation—Satellite systems. (1)
No person may operate a group A public water system unless
the person first submits an application to the department and
receives an operating permit as provided in this section. A
new application must be submitted upon any change in ownership of the system. Any person operating a public water
system on July 28, 1991, may continue to operate the system
until the department takes final action, including any time
necessary for a hearing under subsection (3) of this section,
on a permit application submitted by the person operating the
system under the rules adopted by the department to implement this section.
(2) The department may require that each application
include the information that is reasonable and necessary to
determine that the system complies with applicable standards
and requirements of the federal safe drinking water act, state
70.119A.110
law, and rules adopted by the department or by the state board
of health.
(3) Following its review of the application, its supporting
material, and any information received by the department in
its investigation of the application, the department shall issue
or deny the operating permit. The department shall act on initial permit applications as expeditiously as possible, and shall
in all cases either grant or deny the application within one
hundred twenty days of receipt of the application or of any
supplemental information required to complete the application. The applicant for a permit shall be entitled to file an
appeal in accordance with chapter 34.05 RCW if the department denies the initial or subsequent applications or imposes
conditions or requirements upon the operator. Any operator
of a public water system that requests a hearing may continue
to operate the system until a decision is issued after the hearing.
(4) At the time of initial permit application or at the time
of permit renewal the department may impose such permit
conditions, requirements for system improvements, and compliance schedules as it determines are reasonable and necessary to ensure that the system will provide a safe and reliable
water supply to its users.
(5) Operating permits shall be issued for a term of one
year, and shall be renewed annually, unless the operator fails
to apply for a new permit or the department finds good cause
to deny the application for renewal.
(6) Each application shall be accompanied by an annual
fee as follows:
(a) The annual fee for public water supply systems serving fifteen to forty-nine service connections shall be twentyfive dollars.
(b) The annual fee for public water supply systems serving fifty to three thousand three hundred thirty-three service
connections shall be based on a uniform per service connection fee of one dollar and fifty cents per service connection.
(c) The annual fee for public water supply systems serving three thousand three hundred thirty-four to fifty-three
thousand three hundred thirty-three service connections shall
be based on a uniform per service connection fee of one dollar and fifty cents per service connection plus ten cents for
each service connection in excess of three thousand three
hundred thirty-three service connections.
(d) The annual fee for public water supply systems serving fifty-three thousand three hundred thirty-four or more
service connections shall be ten thousand dollars.
(e) In addition to the fees under (a) through (d) of this
subsection, the department may charge an additional onetime fee of five dollars for each service connection in a new
water system.
(f) Until June 30, 2007, in addition to the fees under (a)
through (e) of this subsection, the department may charge
municipal water suppliers, as defined in RCW 90.03.015, an
additional annual fee equivalent to twenty-five cents for each
residential service connection for the purpose of funding the
water conservation activities in RCW 70.119A.180.
(7) The department may phase-in the implementation for
any group of systems provided the schedule for implementation is established by rule. Prior to implementing the operating permit requirement on water systems having less than
five hundred service connections, the department shall form a
[2003 RCW Supp—page 835]
70.119A.180
Title 70 RCW: Public Health and Safety
committee composed of persons operating these systems.
The committee shall be composed of the department of
health, two operators of water systems having under one hundred connections, two operators of water systems having
between one hundred and two hundred service connections,
two operators of water systems having between two hundred
and three hundred service connections, two operators of
water systems having between three hundred and four hundred service connections, two operators of water systems
having between four hundred and five hundred service connections, and two county public health officials. The members shall be chosen from different geographic regions of the
state. This committee shall develop draft rules to implement
this section. The draft rules will then be subject to the rulemaking procedures in accordance with chapter 34.05 RCW.
(8) The department shall notify existing public water
systems of the requirements of RCW 70.119A.030,
70.119A.060, and this section at least one hundred twenty
days prior to the date that an application for a permit is
required pursuant to RCW 70.119A.030, 70.119A.060, and
this section.
(9) The department shall issue one operating permit to
any approved satellite system management agency. Operating permit fees for approved satellite system management
agencies shall be one dollar per connection per year for the
total number of connections under the management of the
approved satellite agency. The department shall define by
rule the meaning of the term "satellite system management
agency." If a statutory definition of this term exists, then the
department shall adopt by rule a definition consistent with the
statutory definition.
(10) For purposes of this section, "group A public water
system" and "system" mean those water systems with fifteen
or more service connections, regardless of the number of people; or a system serving an average of twenty-five or more
people per day for sixty or more days within a calendar year,
regardless of the number of service connections. [2003 1st
sp.s. c 5 § 18; 1991 c 304 § 5.]
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
Requirements effective upon adoption of rules—1991 c 304: See
note following RCW 70.119A.100.
70.119A.180
70.119A.180 Water use efficiency requirements—
Rules. (1) It is the intent of the legislature that the department establish water use efficiency requirements designed to
ensure efficient use of water while maintaining water system
financial viability, improving affordability of supplies, and
enhancing system reliability.
(2) The requirements of this section shall apply to all
municipal water suppliers and shall be tailored to be appropriate to system size, forecasted system demand, and system
supply characteristics.
(3) For the purposes of this section:
(a) Water use efficiency includes conservation planning
requirements, water distribution system leakage standards,
and water conservation performance reporting requirements;
and
(b) "Municipal water supplier" and "municipal water
supply purposes" have the meanings provided by RCW
90.03.015.
[2003 RCW Supp—page 836]
(4) To accomplish the purposes of this section, the
department shall adopt rules necessary to implement this section by December 31, 2005. The department shall:
(a) Develop conservation planning requirements that
ensure municipal water suppliers are: (i) Implementing programs to integrate conservation with water system operation
and management; and (ii) identifying how to appropriately
fund and implement conservation activities. Requirements
shall apply to the conservation element of water system plans
and small water system management programs developed
pursuant to chapter 43.20 RCW. In establishing the conservation planning requirements the department shall review the
current department conservation planning guidelines and
include those elements that are appropriate for rule. Conservation planning requirements shall include but not be limited
to:
(A) Selection of cost-effective measures to achieve a
system's water conservation objectives. Requirements shall
allow the municipal water supplier to select and schedule
implementation of the best methods for achieving its conservation objectives;
(B) Evaluation of the feasibility of adopting and implementing water delivery rate structures that encourage water
conservation;
(C) Evaluation of each system's water distribution system leakage and, if necessary, identification of steps necessary for achieving water distribution system leakage standards developed under (b) of this subsection;
(D) Collection and reporting of water consumption and
source production and/or water purchase data. Data collection and reporting requirements shall be sufficient to identify
water use patterns among utility customer classes, where
applicable, and evaluate the effectiveness of each system's
conservation program. Requirements, including reporting
frequency, shall be appropriate to system size and complexity. Reports shall be available to the public; and
(E) Establishment of minimum requirements for water
demand forecast methodologies such that demand forecasts
prepared by municipal water suppliers are sufficient for use
in determining reasonably anticipated future water needs;
(b) Develop water distribution system leakage standards
to ensure that municipal water suppliers are taking appropriate steps to reduce water system leakage rates or are maintaining their water distribution systems in a condition that
results in leakage rates in compliance with the standards.
Limits shall be developed in terms of percentage of total
water produced and/or purchased and shall not be lower than
ten percent. The department may consider alternatives to the
percentage of total water supplied where alternatives provide
a better evaluation of the water system's leakage performance. The department shall institute a graduated system of
requirements based on levels of water system leakage. A
municipal water supplier shall select one or more control
methods appropriate for addressing leakage in its water system;
(c) Establish minimum requirements for water conservation performance reporting to assure that municipal water
suppliers are regularly evaluating and reporting their water
conservation performance. The objective of setting conservation goals is to enhance the efficient use of water by the
Natural Death Act
water system customers. Performance reporting shall
include:
(i) Requirements that municipal water suppliers adopt
and achieve water conservation goals. The elected governing
board or governing body of the water system shall set water
conservation goals for the system. In setting water conservation goals the water supplier may consider historic conservation performance and conservation investment, customer
base demographics, regional climate variations, forecasted
demand and system supply characteristics, system financial
viability, system reliability, and affordability of water rates.
Conservation goals shall be established by the municipal
water supplier in an open public forum;
(ii) Requirements that the municipal water supplier
adopt schedules for implementing conservation program elements and achieving conservation goals to ensure that
progress is being made toward adopted conservation goals;
(iii) A reporting system for regular reviews of conservation performance against adopted goals. Performance reports
shall be available to customers and the public. Requirements,
including reporting frequency, shall be appropriate to system
size and complexity;
(iv) Requirements that any system not meeting its water
conservation goals shall develop a plan for modifying its conservation program to achieve its goals along with procedures
for reporting performance to the department;
(v) If a municipal water supplier determines that further
reductions in consumption are not reasonably achievable, it
shall identify how current consumption levels will be maintained;
(d) Adopt rules that, to the maximum extent practical,
utilize existing mechanisms and simplified procedures in
order to minimize the cost and complexity of implementation
and to avoid placing unreasonable financial burden on
smaller municipal systems.
(5) The department shall establish an advisory committee to assist the department in developing rules for water use
efficiency. The advisory committee shall include representatives from public water system customers, environmental
interest groups, business interest groups, a representative
cross-section of municipal water suppliers, a water utility
conservation professional, tribal governments, the department of ecology, and any other members determined necessary by the department. The department may use the water
supply advisory committee created pursuant to RCW
70.119A.160 augmented with additional participants as necessary to comply with this subsection to assist the department
in developing rules.
(6) The department shall provide technical assistance
upon request to municipal water suppliers and local governments regarding water conservation, which may include
development of best management practices for water conservation programs, conservation landscape ordinances, conservation rate structures for public water systems, and general
public education programs on water conservation.
(7) To ensure compliance with this section, the department shall establish a compliance process that incorporates a
graduated approach employing the full range of compliance
mechanisms available to the department.
(8) Prior to completion of rule making required in subsection (4) of this section, municipal water suppliers shall
70.127.010
continue to meet the existing conservation requirements of
the department and shall continue to implement their current
water conservation programs. [2003 1st sp.s. c 5 § 7.]
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
Chapter 70.122
Chapter 70.122 RCW
NATURAL DEATH ACT
Sections
70.122.090
Criminal conduct—Penalties. (Effective July 1, 2004.)
70.122.090
70.122.090 Criminal conduct—Penalties. (Effective
July 1, 2004.) (1) Any person who willfully conceals, cancels, defaces, obliterates, or damages the directive of another
without such declarer's consent is guilty of a gross misdemeanor.
(2) Any person who falsifies or forges the directive of
another, or willfully conceals or withholds personal knowledge of a revocation as provided in RCW 70.122.040 with the
intent to cause a withholding or withdrawal of life-sustaining
treatment contrary to the wishes of the declarer, and thereby,
because of any such act, directly causes life-sustaining treatment to be withheld or withdrawn and death to thereby be
hastened, shall be subject to prosecution for murder in the
first degree as defined in RCW 9A.32.030. [2003 c 53 § 362;
1992 c 98 § 9; 1979 c 112 § 9.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 70.127
Chapter 70.127 RCW
IN-HOME SERVICES AGENCIES
(Formerly: Home health, hospice, and home care agencies—Licensure)
Sections
70.127.010
70.127.020
70.127.040
70.127.120
70.127.170
70.127.210
Definitions.
Licenses required after July 1, 1990—Penalties. (Effective
July 1, 2004.)
Persons, activities, or entities not subject to regulation under
chapter.
Rules for recordkeeping, services, staff and volunteer policies, complaints.
Licenses—Denial, restriction, conditions, modification, suspension, revocation—Civil penalties.
Repealed. (Effective July 1, 2004.)
70.127.010
70.127.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Administrator" means an individual responsible for
managing the operation of an agency.
(2) "Department" means the department of health.
(3) "Director of clinical services" means an individual
responsible for nursing, therapy, nutritional, social, and
related services that support the plan of care provided by inhome health and hospice agencies.
(4) "Family" means individuals who are important to,
and designated by, the patient or client and who need not be
relatives.
(5) "Home care agency" means a person administering or
providing home care services directly or through a contract
arrangement to individuals in places of temporary or permanent residence. A home care agency that provides delegated
[2003 RCW Supp—page 837]
70.127.020
Title 70 RCW: Public Health and Safety
tasks of nursing under RCW 18.79.260(3)(e) is not considered a home health agency for the purposes of this chapter.
(6) "Home care services" means nonmedical services
and assistance provided to ill, disabled, or vulnerable individuals that enable them to remain in their residences. Home
care services include, but are not limited to: Personal care
such as assistance with dressing, feeding, and personal
hygiene to facilitate self-care; homemaker assistance with
household tasks, such as housekeeping, shopping, meal planning and preparation, and transportation; respite care assistance and support provided to the family; or other nonmedical services or delegated tasks of nursing under RCW
18.79.260(3)(e).
(7) "Home health agency" means a person administering
or providing two or more home health services directly or
through a contract arrangement to individuals in places of
temporary or permanent residence. A person administering
or providing nursing services only may elect to be designated
a home health agency for purposes of licensure.
(8) "Home health services" means services provided to
ill, disabled, or vulnerable individuals. These services
include but are not limited to nursing services, home health
aide services, physical therapy services, occupational therapy
services, speech therapy services, respiratory therapy services, nutritional services, medical social services, and home
medical supplies or equipment services.
(9) "Home health aide services" means services provided
by a home health agency or a hospice agency under the supervision of a registered nurse, physical therapist, occupational
therapist, or speech therapist who is employed by or under
contract to a home health or hospice agency. Such care
includes ambulation and exercise, assistance with selfadministered medications, reporting changes in patients' conditions and needs, completing appropriate records, and personal care or homemaker services.
(10) "Home medical supplies" or "equipment services"
means diagnostic, treatment, and monitoring equipment and
supplies provided for the direct care of individuals within a
plan of care.
(11) "Hospice agency" means a person administering or
providing hospice services directly or through a contract
arrangement to individuals in places of temporary or permanent residence under the direction of an interdisciplinary
team composed of at least a nurse, social worker, physician,
spiritual counselor, and a volunteer.
(12) "Hospice care center" means a homelike, noninstitutional facility where hospice services are provided, and that
meets the requ irements fo r operation under R CW
70.127.280.
(13) "Hospice services" means symptom and pain management provided to a terminally ill individual, and emotional, spiritual, and bereavement support for the individual
and family in a place of temporary or permanent residence,
and may include the provision of home health and home care
services for the terminally ill individual.
(14) "In-home services agency" means a person licensed
to administer or provide home health, home care, hospice services, or hospice care center services directly or through a
contract arrangement to individuals in a place of temporary
or permanent residence.
[2003 RCW Supp—page 838]
(15) "Person" means any individual, business, firm, partnership, corporation, company, association, joint stock association, public or private agency or organization, or the legal
successor thereof that employs or contracts with two or more
individuals.
(16) "Plan of care" means a written document based on
assessment of individual needs that identifies services to
meet these needs.
(17) "Quality improvement" means reviewing and evaluating appropriateness and effectiveness of services provided
under this chapter.
(18) "Service area" means the geographic area in which
the department has given prior approval to a licensee to provide home health, hospice, or home care services.
(19) "Survey" means an inspection conducted by the
department to evaluate and monitor an agency's compliance
with this chapter. [2003 c 140 § 7; 2000 c 175 § 1; 1999 c 190
§ 1; 1993 c 42 § 1; 1991 c 3 § 373; 1988 c 245 § 2.]
Effective date—2003 c 140: See note following RCW 18.79.040.
Effective date—2000 c 175: "This act takes effect January 1, 2002."
[2000 c 175 § 24.]
Severability—1993 c 42: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1993 c 42 § 14.]
Effective dates—1993 c 42: "(1) Sections 1 through 10 and 12 of this
act are necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public institutions, and shall take effect June 30, 1993.
(2) Section 11 of this act shall take effect January 1, 1994." [1993 c 42
§ 15.]
70.127.020
70.127.020 Licenses required after July 1, 1990—
Penalties. (Effective July 1, 2004.) (1) After July 1, 1990, a
license is required for a person to advertise, operate, manage,
conduct, open, or maintain an in-home services agency.
(2) An in-home services agency license is required for a
nursing home, hospital, or other person that functions as a
home health, hospice, hospice care center, or home care
agency.
(3) Any person violating this section is guilty of a misdemeanor. Each day of a continuing violation is a separate violation.
(4) If any corporation conducts any activity for which a
license is required by this chapter without the required
license, it may be punished by forfeiture of its corporate charter.
(5) All fines, forfeitures, and penalties collected or
assessed by a court because of a violation of this section shall
be deposited in the department's local fee account. [2003 c 53
§ 363; 2000 c 175 § 2; 1988 c 245 § 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2000 c 175: See note following RCW 70.127.010.
70.127.040
70.127.040 Persons, activities, or entities not subject
to regulation under chapter. The following are not subject
to regulation for the purposes of this chapter:
(1) A family member providing home health, hospice, or
home care services;
(2) A person who provides only meal services in an individual's permanent or temporary residence;
In-Home Services Agencies
(3) An individual providing home care through a direct
agreement with a recipient of care in an individual's permanent or temporary residence;
(4) A person furnishing or delivering home medical supplies or equipment that does not involve the provision of services beyond those necessary to deliver, set up, and monitor
the proper functioning of the equipment and educate the user
on its proper use;
(5) A person who provides services through a contract
with a licensed agency;
(6) An employee or volunteer of a licensed agency who
provides services only as an employee or volunteer;
(7) Facilities and institutions, including but not limited to
nursing homes under chapter 18.51 RCW, hospitals under
chapter 70.41 RCW, adult family homes under chapter
70.128 RCW, boarding homes under chapter 18.20 RCW,
developmental disability residential programs under chapter
71A.12 RCW, other entities licensed under chapter 71.12
RCW, or other licensed facilities and institutions, only when
providing services to persons residing within the facility or
institution;
(8) Local and combined city-county health departments
providing services under chapters 70.05 and 70.08 RCW;
(9) An individual providing care to ill, disabled, or vulnerable individuals through a contract with the department of
social and health services;
(10) Nursing homes, hospitals, or other institutions,
agencies, organizations, or persons that contract with
licensed home health, hospice, or home care agencies for the
delivery of services;
(11) In-home assessments of an ill, disabled, or vulnerable individual that does not result in regular ongoing care at
home;
(12) Services conducted by and for the adherents of a
church or religious denomination that rely upon spiritual
means alone through prayer for healing in accordance with
the tenets and practices of such church or religious denomination and the bona fide religious beliefs genuinely held by
such adherents;
(13) A medicare-approved dialysis center operating a
medicare-approved home dialysis program;
(14) A person providing case management services. For
the purposes of this subsection, "case management" means
the assessment, coordination, authorization, planning, training, and monitoring of home health, hospice, and home care,
and does not include the direct provision of care to an individual;
(15) Pharmacies licensed under RCW 18.64.043 that
deliver prescription drugs and durable medical equipment
that does not involve the use of professional services beyond
those authorized to be performed by licensed pharmacists
pursuant to chapter 18.64 RCW and those necessary to set up
and monitor the proper functioning of the equipment and
educate the person on its proper use;
(16) A volunteer hospice complying with the requirements of RCW 70.127.050; and
(17) A person who provides home care services without
compensation. [2003 c 275 § 3; 2003 c 140 § 8; 2000 c 175
§ 4; 1993 c 42 § 2; 1988 c 245 § 5.]
Reviser's note: This section was amended by 2003 c 140 § 8 and by
2003 c 275 § 3, each without reference to the other. Both amendments are
70.127.120
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 140: See note following RCW 18.79.040.
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—Effective dates—1993 c 42: See notes following RCW
70.127.010.
70.127.120
70.127.120 Rules for recordkeeping, services, staff
and volunteer policies, complaints. The department shall
adopt rules consistent with RCW 70.127.005 necessary to
implement this chapter under chapter 34.05 RCW. In order
to ensure safe and adequate care, the rules shall address at a
minimum the following:
(1) Maintenance and preservation of all records relating
directly to the care and treatment of individuals by licensees;
(2) Establishment and implementation of a procedure for
the receipt, investigation, and disposition of complaints
regarding services provided;
(3) Establishment and implementation of a plan for
ongoing care of individuals and preservation of records if the
licensee ceases operations;
(4) Supervision of services;
(5) Establishment and implementation of written policies
regarding response to referrals and access to services;
(6) Establishment and implementation of written personnel policies, procedures and personnel records for paid staff
that provide for prehire screening, minimum qualifications,
regular performance evaluations, including observation in the
home, participation in orientation and in-service training, and
involvement in quality improvement activities. The department may not establish experience or other qualifications for
agency personnel or contractors beyond that required by state
law;
(7) Establishment and implementation of written policies
and procedures for volunteers who have direct patient/client
contact and that provide for background and health screening,
orientation, and supervision;
(8) Establishment and implementation of written policies
for obtaining regular reports on patient satisfaction;
(9) Establishment and implementation of a quality
improvement process;
(10) Establishment and implementation of policies
related to the delivery of care including:
(a) Plan of care for each individual served;
(b) Periodic review of the plan of care;
(c) Supervision of care and clinical consultation as necessary;
(d) Care consistent with the plan;
(e) Admission, transfer, and discharge from care; and
(f) For hospice services:
(i) Availability of twenty-four hour seven days a week
hospice registered nurse consultation and in-home services as
appropriate;
(ii) Interdisciplinary team communication as appropriate
and necessary; and
(iii) The use and availability of volunteers to provide
family support and respite care; and
(11) Establishment and implementation of policies
related to agency implementation and oversight of nurse delegation as defined in RCW 18.79.260(3)(e). [2003 c 140 § 9;
2000 c 175 § 10; 1993 c 42 § 8; 1988 c 245 § 13.]
[2003 RCW Supp—page 839]
70.127.170
Title 70 RCW: Public Health and Safety
Effective date—2003 c 140: See note following RCW 18.79.040.
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—Effective dates—1993 c 42: See notes following RCW
70.127.010.
70.127.170
70.127.170 Licenses—Denial, restriction, conditions,
modification, suspension, revocation—Civil penalties.
Pursuant to chapter 34.05 RCW and RCW 70.127.180(3), the
department may deny, restrict, condition, modify, suspend, or
revoke a license under this chapter or, in lieu thereof or in
addition thereto, assess monetary penalties of a civil nature
not to exceed one thousand dollars per violation, or require a
refund of any amounts billed to, and collected from, the consumer or third-party payor in any case in which it finds that
the licensee, or any applicant, officer, director, partner, managing employee, or owner of ten percent or more of the applicant's or licensee's assets:
(1) Failed or refused to comply with the requirements of
this chapter or the standards or rules adopted under this chapter;
(2) Was the holder of a license issued pursuant to this
chapter that was revoked for cause and never reissued by the
department, or that was suspended for cause and the terms of
the suspension have not been fulfilled and the licensee has
continued to operate;
(3) Has knowingly or with reason to know made a misrepresentation of, false statement of, or failed to disclose, a
material fact to the department in an application for the
license or any data attached thereto or in any record required
by this chapter or matter under investigation by the department, or during a survey, or concerning information
requested by the department;
(4) Refused to allow representatives of the department to
inspect any book, record, or file required by this chapter to be
maintained or any portion of the licensee's premises;
(5) Willfully prevented, interfered with, or attempted to
impede in any way the work of any representative of the
department and the lawful enforcement of any provision of
this chapter. This includes but is not limited to: Willful misrepresentation of facts during a survey, investigation, or
administrative proceeding or any other legal action; or use of
threats or harassment against any patient, client, or witness,
or use of financial inducements to any patient, client, or witness to prevent or attempt to prevent him or her from providing evidence during a survey or investigation, in an administrative proceeding, or any other legal action involving the
department;
(6) Willfully prevented or interfered with any representative of the department in the preservation of evidence of
any violation of this chapter or the rules adopted under this
chapter;
(7) Failed to pay any civil monetary penalty assessed by
the department pursuant to this chapter within ten days after
the assessment becomes final;
(8) Used advertising that is false, fraudulent, or misleading;
(9) Has repeated incidents of personnel performing services beyond their authorized scope of practice;
(10) Misrepresented or was fraudulent in any aspect of
the conduct of the licensee's business;
[2003 RCW Supp—page 840]
(11) Within the last five years, has been found in a civil
or criminal proceeding to have committed any act that reasonably relates to the person's fitness to establish, maintain,
or administer an agency or to provide care in the home of
another;
(12) Was the holder of a license to provide care or treatment to ill, disabled, or vulnerable individuals that was
denied, restricted, not renewed, surrendered, suspended, or
revoked by a competent authority in any state, federal, or foreign jurisdiction. A certified copy of the order, stipulation, or
agreement is conclusive evidence of the denial, restriction,
nonrenewal, surrender, suspension, or revocation;
(13) Violated any state or federal statute, or administrative rule regulating the operation of the agency;
(14) Failed to comply with an order issued by the secretary or designee;
(15) Aided or abetted the unlicensed operation of an inhome services agency;
(16) Operated beyond the scope of the in-home services
agency license;
(17) Failed to adequately supervise staff to the extent
that the health or safety of a patient or client was at risk;
(18) Compromised the health or safety of a patient or client, including, but not limited to, the individual performing
services beyond their authorized scope of practice;
(19) Continued to operate after license revocation, suspension, or expiration, or operating outside the parameters of
a modified, conditioned, or restricted license;
(20) Failed or refused to comply with chapter 70.02
RCW;
(21) Abused, neglected, abandoned, or financially
exploited a patient or client as these terms are defined in
RCW 74.34.020;
(22) Misappropriated the property of an individual;
(23) Is unqualified or unable to operate or direct the
operation of the agency according to this chapter and the
rules adopted under this chapter;
(24) Obtained or attempted to obtain a license by fraudulent means or misrepresentation; or
(25) Failed to report abuse or neglect of a patient or client in violation of chapter 74.34 RCW. [2003 c 140 § 10;
2000 c 175 § 14; 1988 c 245 § 18.]
Effective date—2003 c 140: See note following RCW 18.79.040.
Effective date—2000 c 175: See note following RCW 70.127.010.
70.127.210
70.127.210 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 70.146
Chapter 70.146 RCW
WATER POLLUTION CONTROL
FACILITIES FINANCING
Sections
70.146.030
70.146.080
70.146.030
Water quality account—Progress report.
Determination of tax receipts in water quality account—
Transfer of sufficient moneys from general revenues.
70.146.030 Water quality account—Progress report.
(1) The water quality account is hereby created in the state
treasury. Moneys in the account may be used only in a man-
Tobacco—Access to Minors
ner consistent with this chapter. Moneys deposited in the
account shall be administered by the department of ecology
and shall be subject to legislative appropriation. Moneys
placed in the account shall include tax receipts as provided in
RCW 82.24.027, 82.26.025, and 82.32.390, principal and
interest from the repayment of any loans granted pursuant to
this chapter, and any other moneys appropriated to the
account by the legislature.
(2) The department may use or permit the use of any
moneys in the account to make grants or loans to public bodies, including grants to public bodies as cost-sharing moneys
in any case where federal, local, or other funds are made
available on a cost-sharing basis, for water pollution control
facilities and activities, or for purposes of assisting a public
body to obtain an ownership interest in water pollution control facilities and/or to defray a part of the payments made by
a public body to a service provider under a service agreement
entered into pursuant to RCW 70.150.060, within the purposes of this chapter and for related administrative expenses.
For the period July 1, 2003, to June 30, 2005, moneys in the
account may be used to process applications received by the
department that seek to make changes to or transfer existing
water rights and for grants and technical assistance to public
bodies for watershed planning under chapter 90.82 RCW.
No more than three percent of the moneys deposited in the
account may be used by the department to pay for the administration of the grant and loan program authorized by this
chapter.
(3) Beginning with the biennium ending June 30, 1997,
the department shall present a biennial progress report on the
use of moneys from the account to the chairs of the senate
committee on ways and means and the house of representatives committee on appropriations. The first report is due
June 30, 1996, and the report for each succeeding biennium is
due December 31 of the odd-numbered year. The report shall
consist of a list of each recipient, project description, and
amount of the grant, loan, or both. [2003 1st sp.s. c 25 § 934;
2002 c 371 § 921; 2001 2nd sp.s. c 7 § 922; 1996 c 37 § 2;
1995 2nd sp.s. c 18 § 921; 1991 sp.s. c 13 § 61. Prior: 1987
c 505 § 64; 1987 c 436 § 6; 1986 c 3 § 3.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Severability—Effective date—2001 2nd sp.s. c 7: See notes following RCW 43.320.110.
Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective dates—1986 c 3: See note following RCW 82.24.027.
70.146.080
70.146.080 Determination of tax receipts in water
quality account—Transfer of sufficient moneys from general revenues. Within thirty days after June 30, 1987, and
within thirty days after each succeeding fiscal year thereafter,
the state treasurer shall determine the tax receipts deposited
into the water quality account for the preceding fiscal year. If
the tax receipts deposited into the account in each of the fiscal
years 1988 and 1989 are less than forty million dollars, the
state treasurer shall transfer sufficient moneys from general
70.155.010
state revenues into the water quality account to bring the total
receipts in each fiscal year up to forty million dollars.
For the biennium ending June 30, 1991, if the tax
receipts deposited into the water quality account and the
earnings on investment of balances credited to the account
are less than ninety million dollars, the treasurer shall transfer
sufficient moneys from general state revenues into the water
quality account to bring the total revenue up to ninety million
dollars. The determination and transfer shall be made by July
31, 1991.
For fiscal year 1992 and for fiscal years 1995 and 1996
and thereafter, if the tax receipts deposited into the water
quality account for each fiscal year are less than forty-five
million dollars, the treasurer shall transfer sufficient moneys
from general state revenues into the water quality account to
bring the total revenue up to forty-five million dollars. However, during the 2003-05 fiscal biennium, the legislature may
specify the transfer of a different amount in the operating
budget bill. Determinations and transfers shall be made by
July 31 for the preceding fiscal year. [2003 1st sp.s. c 25 §
935; 1994 sp.s. c 6 § 902; 1993 sp.s. c 24 § 924; 1991 sp.s. c
16 § 923; 1986 c 3 § 11.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—1994 sp.s. c 6: See notes following
RCW 28A.310.020.
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.165.070.
Severability—Effective date—1991 sp.s. c 16: See notes following
RCW 9.46.100.
Effective dates—1986 c 3: See note following RCW 82.24.027.
Chapter 70.155
Chapter 70.155 RCW
TOBACCO—ACCESS TO MINORS
Sections
70.155.010
70.155.105
Definitions.
Delivery sale of cigarettes—Requirements, unlawful practices—Penalties—Enforcement.
70.155.010
70.155.010 Definitions. The definitions set forth in
RCW 82.24.010 shall apply to RCW 70.155.020 through
70.155.130. In addition, for the purposes of this chapter,
unless otherwise required by the context:
(1) "Board" means the Washington state liquor control
board.
(2) "Delivery sale" means any sale of cigarettes to a consumer in the state where either: (a) The purchaser submits an
order for a sale by means of a telephonic or other method of
voice transmission, mail delivery, any other delivery service,
or the internet or other on-line service; or (b) the cigarettes
are delivered by use of mail delivery or any other delivery
service. A sale of cigarettes shall be a delivery sale regardless of whether the seller is located within or without the
state. A sale of cigarettes not for personal consumption to a
person who is a wholesaler licensed pursuant to chapter 82.24
RCW or a retailer pursuant to chapter 82.24 RCW is not a
delivery sale.
(3) "Delivery service" means any private carrier engaged
in the commercial delivery of letters, packages, or other containers that requires the recipient of that letter, package, or
container to sign to accept delivery.
[2003 RCW Supp—page 841]
70.155.105
Title 70 RCW: Public Health and Safety
(4) "Minor" refers to an individual who is less than eighteen years old.
(5) "Public place" means a public street, sidewalk, or
park, or any area open to the public in a publicly owned and
operated building.
(6) "Sample" means a tobacco product distributed to
members of the general public at no cost or at nominal cost
for product promotion purposes.
(7) "Sampler" means a person engaged in the business of
sampling other than a retailer.
(8) "Sampling" means the distribution of samples to
members of the general public in a public place.
(9) "Shipping container" means a container in which cigarettes are shipped in connection with a delivery sale.
(10) "Shipping documents" means bills of lading, airbills, or any other documents used to evidence the undertaking by a delivery service to deliver letters, packages, or other
containers.
(11) "Tobacco product" means a product that contains
tobacco and is intended for human consumption. [2003 c 113
§ 1; 1993 c 507 § 2.]
70.155.105
70.155.105 Delivery sale of cigarettes—Requirements, unlawful practices—Penalties—Enforcement. (1)
It is unlawful for a person who mails, ships, or otherwise
delivers cigarettes to fail to:
(a) Verify the age of the receiver of the cigarettes upon
delivery; and
(b) Obtain in writing, before the first delivery sale of cigarettes, verification of the receiver's address and that the
receiver of the cigarettes is not a minor. The statement must
also confirm that the purchaser understands: (i) That signing
another person's name to the certification is a violation of
RCW 9A.60.040(1)(a); (ii) that the sale of cigarettes to a
minor is a violation of RCW 26.28.080; (iii) that the purchase
of cigarettes by minors is a violation of RCW 70.155.080;
and (iv) that he or she has the option to receive mailings from
a tobacco company about tobacco products.
(2) It is unlawful for a person to mail, ship, or otherwise
deliver cigarettes in connection with a delivery sale unless
before the first delivery sale to the consumer that person:
(a) Either verifies the information contained in the certification provided by the prospective consumer in subsection
(1) of this section against a commercially available data base,
or obtains a photocopy of an officially issued identification
containing the bearer's age, signature, and photograph. The
only forms of identification that are acceptable as proof of
age for the purchase for tobacco products are: (i) A liquor
control authority card of identification issued by a state of the
United States or a province of Canada, (ii) a driver's license,
instruction permit, or identification card issued by a state of
the United States or a province of Canada, (iii) a United
States military identification card, (iv) a passport, or (v) a
merchant marine identification card issued by the United
States coast guard;
(b) Provides to the prospective consumer through electronic mail or other means a notice that meets the requirements of subsection (3) of this section; and
(c) In the case of an order for cigarettes pursuant to an
advertisement on the internet, receives payment for the delivery sale from the prospective consumer by a credit card or
[2003 RCW Supp—page 842]
debit card, or by check that has been issued in the prospective
consumer's name.
(3) The notice required under subsection (2)(b) of this
section must include:
(a) A prominent and clearly legible statement that cigarette sales to minors are illegal;
(b) A prominent and clearly legible statement that consists of one of the warnings set forth in section 4(a)(1) of the
federal cigarette labeling and advertising act (15 U.S.C. Sec.
1333(a)(1)) rotated on a quarterly basis;
(c) A prominent and clearly legible statement that sales
of cigarettes are restricted to those consumers who provide
verifiable proof of age in accordance with subsection (1) of
this section; and
(d) A prominent and clearly legible statement that cigarette sales are subject to tax pursuant to chapters 82.24 and
82.12 RCW, with an explanation of how the tax has been or
is to be paid with respect to a delivery sale.
(4) It is unlawful for a person who mails, ships, or otherwise delivers cigarettes in connection with a delivery sale to
fail to:
(a) Include as part of the bill of lading, or other shipping
documents, a clear and conspicuous statement that states:
"Cigarettes: Washington Law Prohibits Shipping to Individuals Under 18, and Requires the Payment of all Applicable
Taxes";
(b) Contract only with private carriers who employ
delivery agents who will verify the receiver of the cigarettes
is not a minor upon delivery. The only forms of identification
that are acceptable as proof of age for the purchase for
tobacco products are: (i) A liquor control authority card of
identification issued by a state of the United States or a province of Canada, (ii) a driver's license, instruction permit, or
identification card issued by a state of the United States or a
province of Canada, (iii) a United States military identification card, (iv) a passport, or (v) a merchant marine identification card issued by the United States coast guard;
(c) Provide to the delivery service retained for the delivery sale evidence of full compliance with this section.
(5)(a) Before making delivery sales or mailings, shipping, or otherwise delivering cigarettes to a Washington
address in connection with any sales, any person who mails,
ships, or otherwise delivers cigarettes shall file with the board
a statement setting forth the person's name, trade name, and
the address of the person's principal place of business and any
other place of business.
(b) Any person who mails, ships, or otherwise delivers
cigarettes in connection with a delivery sale shall within fifteen days after the first of each month file with the board a
report of all delivery sales made by the person within this
state for the preceding month. The report shall show the
name and address of the consumer to whom the cigarettes
were sold, the kind and quality, and the date of delivery
thereof.
(6)(a) Any person other than a delivery service who violates any of the provisions of this section is guilty of a class C
felony punishable by up to five years in prison and a fine of
ten thousand dollars, and payment of the cost of investigation
and prosecution, including attorneys' fees.
(b) Any person other than a delivery service who commits a second or subsequent violation of this section is [guilty
National Uniform Tobacco Settlement—Nonparticipating Tobacco Product Manufacturers
of] a class B felony punishable by up to ten years in prison
and a fine of twenty thousand dollars, and payment of the cost
of investigation and prosecution, including attorneys' fees.
(c) Any delivery service that violates any provision of
this section shall be guilty of a gross misdemeanor punishable by up to one year in jail and a fine of five thousand dollars.
(7) Any person that fails to collect or remit to the department of revenue any tax required under chapter 82.24 RCW
in connection with a delivery sale shall be assessed, in addition to any other penalty, a penalty of five times the retail
value of the cigarettes involved.
(8) For the purpose of obtaining information concerning
any matter relating to the administration or enforcement of
this title, the board or any of its agents may inspect the books,
documents, and records of any person who makes delivery
sales or mailings, or ships or otherwise delivers cigarettes or
retains another person to make delivery sales or mailings, or
to ship or otherwise deliver cigarettes insofar as such books,
documents, and/or records pertain to the financial transaction
involved. If such a person neglects or refuses to produce and
submit for inspection any book, record, or document as
required by this section when requested to do so by the board
or its agent, then the board or the attorney general may seek
an order in superior court compelling such production of
books, records, or documents. [2003 c 113 § 2.]
Chapter 70.157 RCW
NATIONAL UNIFORM TOBACCO SETTLEMENT—
NONPARTICIPATING TOBACCO
PRODUCT MANUFACTURERS
Chapter 70.157
Sections
70.157.020
70.157.030
70.157.020
Requirements. (Contingent expiration date.)
Contingent expiration date—Court action.
70.157.020 Requirements. (Contingent expiration
date.) Any tobacco product manufacturer selling cigarettes
to consumers within the State (whether directly or through a
distributor, retailer or similar intermediary or intermediaries)
after May 18, 1999, shall do one of the following:
(a) become a participating manufacturer (as that term is
defined in section II(jj) of the Master Settlement Agreement)
and generally perform its financial obligations under the
Master Settlement Agreement; or
(b)(1) place into a qualified escrow fund by April 15 of
the year following the year in question the following amounts
(as such amounts are adjusted for inflation)—
1999: $.0094241 per unit sold after May 18, 1999;
2000: $.0104712 per unit sold;
for each of 2001 and 2002: $.0136125 per unit sold;
for each of 2003 through 2006: $.0167539 per unit sold;
for each of 2007 and each year thereafter: $.0188482 per
unit sold.
(2) A tobacco product manufacturer that places funds
into escrow pursuant to paragraph (1) shall receive the interest or other appreciation on such funds as earned. Such funds
themselves shall be released from escrow only under the following circumstances—
(A) to pay a judgment or settlement on any released
claim brought against such tobacco product manufacturer by
70.157.030
the State or any releasing party located or residing in the
State. Funds shall be released from escrow under this subparagraph (i) in the order in which they were placed into
escrow and (ii) only to the extent and at the time necessary to
make payments required under such judgment or settlement;
(B) to the extent that a tobacco product manufacturer
establishes that the amount it was required to place into
escrow on account of units sold in the state in a particular
year was greater than the Master Settlement Agreement payments, as determined pursuant to section IX(i) of that Agreement including after final determination of all adjustments,
that such manufacturer would have been required to make on
account of such units sold, had it been a Participating Manufacturer, the excess shall be released from escrow and revert
back to such tobacco product manufacturer; or
(C) to the extent not released from escrow under subparagraphs (A) or (B), funds shall be released from escrow
and revert back to such tobacco product manufacturer
twenty-five years after the date on which they were placed
into escrow.
(3) Each tobacco product manufacturer that elects to
place funds into escrow pursuant to this subsection shall
annually certify to the Attorney General that it is in compliance with this subsection. The Attorney General may bring a
civil action on behalf of the State against any tobacco product
manufacturer that fails to place into escrow the funds
required under this section. Any tobacco product manufacturer that fails in any year to place into escrow the funds
required under this section shall—
(A) be required within 15 days to place such funds into
escrow as shall bring it into compliance with this section.
The court, upon a finding of a violation of this subsection,
may impose a civil penalty to be paid to the general fund of
the state in an amount not to exceed 5 percent of the amount
improperly withheld from escrow per day of the violation and
in a total amount not to exceed 100 percent of the original
amount improperly withheld from escrow;
(B) in the case of a knowing violation, be required within
15 days to place such funds into escrow as shall bring it into
compliance with this section. The court, upon a finding of a
knowing violation of this subsection, may impose a civil penalty to be paid to the general fund of the state in an amount
not to exceed 15 percent of the amount improperly withheld
from escrow per day of the violation and in a total amount not
to exceed 300 percent of the original amount improperly
withheld from escrow; and
(C) in the case of a second knowing violation, be prohibited from selling cigarettes to consumers within the State
(whether directly or through a distributor, retailer or similar
intermediary) for a period not to exceed 2 years.
Each failure to make an annual deposit required under
this section shall constitute a separate violation. The violator
shall also pay the State's costs and attorney's fees incurred
during a successful prosecution under this paragraph (3).
[2003 c 342 § 1; 1999 c 393 § 3.]
Captions not law—Effective date—1999 c 393: See notes following
RCW 70.157.005.
70.157.030
70.157.030 Contingent expiration date—Court
action. If chapter 342, Laws of 2003 is held by a court of
competent jurisdiction to be unconstitutional, then RCW
[2003 RCW Supp—page 843]
Chapter 70.158
Title 70 RCW: Public Health and Safety
70.157.020(b)(2)(B) shall be repealed in its entirety. If RCW
70.157.020(b)(2) shall thereafter be held by a court of competent jurisdiction to be unconstitutional, then chapter 342,
Laws of 2003 shall be repealed, and RCW
70.157.020(b)(2)(B) be restored as if no amendments had
been made. Neither any holding of unconstitutionality nor
the repeal of RCW 70.157.020(b)(2)(B) shall affect, impair,
or invalidate any other portion of RCW 70.157.020 or the
application of that section to any other person or circumstance, and the remaining portions of RCW 70.157.020 shall
at all times continue in full force and effect. [2003 c 342 § 2.]
Chapter 70.158 RCW
TOBACCO PRODUCT MANUFACTURERS
Chapter 70.158
Sections
70.158.010
70.158.020
70.158.030
70.158.040
70.158.050
70.158.060
70.158.070
70.158.900
70.158.901
Findings.
Definitions.
Tobacco product manufacturers—Certification—Attorney
general to publish directory—Violations.
Nonresident, nonparticipating manufacturers—Agent for
service of process.
Reports, records—Confidentiality, disclosures, voluntary
waivers—Escrow payments.
Penalties—Application of consumer protection act.
Attorney general's directory decision to be final agency
action—Due dates for reports, certifications, directory—
Rules—Costs—Penalties.
Conflict of law—Severability—2003 c 25.
Effective date—2003 c 25.
70.158.010
70.158.010 Findings. The legislature finds that violations of RCW 70.157.020 threaten the integrity of the
tobacco master settlement agreement, the fiscal soundness of
the state, and the public health. The legislature finds the
enacting procedural enhancements will help prevent violations and aid the enforcement of RCW 70.157.020 and
thereby safeguard the master settlement agreement, the fiscal
soundness of the state, and the public health. The provisions
of chapter 25, Laws of 2003 are not intended to and shall not
be interpreted to amend chapter 70.157 RCW. [2003 c 25 §
1.]
70.158.020
70.158.020 Definitions. The following definitions
apply to this chapter unless the context clearly requires otherwise.
(1) "Brand family" means all styles of cigarettes sold
under the same trademark and differentiated from one
another by means of additional modifiers or descriptors,
including, but not limited to, "menthol," "lights," "kings,"
and "100s," and includes any brand name alone or in conjunction with any other word, trademark, logo, symbol, motto,
selling message, recognizable pattern of colors, or any other
indicia of product identification identical or similar to, or
identifiable with, a previously known brand of cigarettes.
(2) "Board" means the liquor control board.
(3) "Cigarette" has the same meaning as in RCW
70.157.010(d).
(4) "Director" means the director of the department of
revenue except as otherwise noted.
(5) "Directory" means the directory to be created and
published on a web site by the attorney general pursuant to
RCW 70.158.030(2).
[2003 RCW Supp—page 844]
(6) "Distributor" has the same meaning as in RCW
82.26.010(3), except that for purposes of this chapter, no person is a distributor if that person does not deal with cigarettes
as defined in this section.
(7) "Master settlement agreement" has the same meaning
as in RCW 70.157.010(e).
(8) "Nonparticipating manufacturer" means any tobacco
product manufacturer that is not a participating manufacturer.
(9) "Participating manufacturer" has the meaning given
that term in section II(jj) of the master settlement agreement.
(10) "Qualified escrow fund" has the same meaning as in
RCW 70.157.010(f).
(11) "Stamp" means "stamp" as defined in RCW
82.24.010(7) or as referred to in RCW 43.06.455(4).
(12) "Tobacco product manufacturer" has the same
meaning as in RCW 70.157.010(i).
(13) "Units sold" has the same meaning as in RCW
70.157.010(j).
(14) "Wholesaler" has the same meaning as in RCW
82.24.010. [2003 c 25 § 2.]
70.158.030
70.158.030 Tobacco product manufacturers—Certification—Attorney general to publish directory—Violations. (1) Every tobacco product manufacturer whose cigarettes are sold in this state, whether directly or through a
wholesaler, distributor, retailer, or similar intermediary or
intermediaries, shall execute and deliver on a form prescribed
by the attorney general a certification to the attorney general,
no later than the thirtieth day of April each year, certifying
under penalty of perjury that, as of the date of such certification, the tobacco product manufacturer is either a participating manufacturer; or is in full compliance with RCW
70.157.020(b)(1), including all payments required by that
section or chapter 25, Laws of 2003.
(a) A participating manufacturer shall include in its certification a list of its brand families. The participating manufacturer shall update the list thirty calendar days prior to any
addition to or modification of its brand families by executing
and delivering a supplemental certification to the attorney
general.
(b) A nonparticipating manufacturer shall include in its
certification: (i) A list of all of its brand families and the
number of units sold for each brand family that were sold in
the state during the preceding calendar year; (ii) a list of all of
its brand families that have been sold in the state at anytime
during the current calendar year; (iii) indicating, by an asterisk, any brand family sold in the state during the preceding
calendar year that is no longer being sold in the state as of the
date of such certification; and (iv) identifying by name and
address any other manufacturer of brand families in the preceding or current calendar year. The nonparticipating manufacturer shall update the list thirty calendar days prior to any
addition to or modification of its brand families by executing
and delivering a supplemental certification to the attorney
general.
(c) In the case of a nonparticipating manufacturer, the
certification shall further certify:
(i) That the nonparticipating manufacturer is registered
to do business in the state or has appointed a resident agent
for service of process and provided notice as required by
RCW 70.158.040;
Tobacco Product Manufacturers
(ii) That the nonparticipating manufacturer: (A) Has
established and continues to maintain a qualified escrow
fund; and (B) has executed a qualified escrow agreement that
has been reviewed and approved by the attorney general and
that governs the qualified escrow fund;
(iii) That the nonparticipating manufacturer is in full
compliance with RCW 70.157.020(b)(1) and this chapter,
and any rules adopted pursuant thereto; and
(iv)(A) The name, address, and telephone number of the
financial institution where the nonparticipating manufacturer
has established a qualified escrow fund required pursuant to
RCW 70.157.020(b)(1) and all rules adopted thereunder; (B)
the account number of the qualified escrow fund and any subaccount number for the state of Washington; (C) the amount
the nonparticipating manufacturer placed in the fund for cigarettes sold in the state during the preceding calendar year,
the date and amount of each deposit, and evidence or verification as may be deemed necessary by the attorney general to
confirm the foregoing; and (D) the amount and date of any
withdrawal or transfer of funds the nonparticipating manufacturer made at any time from the fund or from any other
qualified escrow fund into which it ever made escrow payments pursuant to RCW 70.157.020(b)(1) and all rules
adopted thereunder.
(d) A tobacco product manufacturer may not include a
brand family in its certification unless: (i) In the case of a
participating manufacturer, the participating manufacturer
affirms that the brand family is to be deemed to be its cigarettes for purposes of calculating its payments under the master settlement agreement for the relevant year, in the volume
and shares determined pursuant to the master settlement
agreement; and (ii) in the case of a nonparticipating manufacturer, the nonparticipating manufacturer affirms that the
brand family is to be deemed to be its cigarettes for purposes
of RCW 70.157.020(b)(1). Nothing in this section limits or
otherwise affects the state's right to maintain that a brand
family constitutes cigarettes of a different tobacco product
manufacturer for purposes of calculating payments under the
master settlement agreement or for purposes of RCW
70.157.020.
(e) A tobacco product manufacturer shall maintain all
invoices and documentation of sales and other information
relied upon for such certification for a period of five years,
unless otherwise required by law to maintain them for a
greater period of time.
(2) Not later than November 1, 2003, the attorney general shall develop and publish on its web site a directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of this section and all brand families that are listed in
these certifications, except as noted below:
(a) The attorney general shall not include or retain in the
directory the name or brand families of any nonparticipating
manufacturer that has failed to provide the required certification or whose certification the attorney general determines is
not in compliance with subsection (1)(b) and (c) of this section, unless the attorney general has determined that the violation has been cured to the satisfaction of the attorney general.
(b) Neither a tobacco product manufacturer nor brand
family shall be included or retained in the directory if the
70.158.030
attorney general concludes, in the case of a nonparticipating
manufacturer, that: (i) Any escrow payment required pursuant to RCW 70.157.020(b)(1) for any period for any brand
family, whether or not listed by the nonparticipating manufacturer, has not been fully paid into a qualified escrow fund
governed by a qualified escrow agreement that has been
approved by the attorney general; or (ii) any outstanding final
judgment, including interest, for a violation of RCW
70.157.020(b)(1) that has not been fully satisfied for the
brand family or manufacturer.
(c) The attorney general shall update the directory as
necessary in order to correct mistakes and to add or remove a
tobacco product manufacturer or brand family to keep the
directory in conformity with the requirements of this chapter.
The attorney general shall transmit, by e-mail or other practicable means to each wholesaler or distributor, notice of any
addition to or removal from the directory of any tobacco
product manufacturer or brand family. Unless otherwise provided by agreement between the wholesaler or distributor and
a tobacco product manufacturer, the wholesaler or distributor
shall be entitled to a refund from a tobacco product manufacturer for any money paid by the wholesaler or distributor to
the tobacco product manufacturer for any cigarettes of the
tobacco product manufacturer still held by the wholesaler or
distributor on the date of notice by the attorney general of the
removal from the directory of that tobacco product manufacturer or the brand family of the cigarettes. The attorney general shall not restore to the directory the tobacco product
manufacturer or the brand family until the tobacco product
manufacturer has paid the wholesaler or distributor any
refund due.
(d) Every wholesaler and distributor shall provide and
update as necessary an electronic mail address to the attorney
general for the purpose of receiving any notifications as may
be required by this chapter.
(e) A tobacco product manufacturer included in the
directory may request that a new brand family be certified
and added to the directory. Within forty-five business days
of receiving the request, the attorney general will respond by
either: (i) Certifying the new brand family; or (ii) denying
the request. However, in cases where the attorney general
determines that it needs clarification as to whether the
requestor is actually the tobacco product manufacturer, the
attorney general may take more time as needed to clarify the
request, to locate and assemble information or documents
needed to process the request, and to notify persons or agencies affected by the request.
(f) The web site will state that chapter 25, Laws of 2003
applies only to cigarettes including, pursuant to the definition
of "cigarettes" in chapter 25, Laws of 2003, roll-your-own
tobacco.
(3) It is unlawful for any person (a) to affix a stamp to a
package or other container of cigarettes of a tobacco product
manufacturer or brand family not included in the directory, or
to pay or cause to be paid the tobacco products tax on any
package or container; or (b) to sell, offer, or possess for sale
in this state or import for sale in this state, any cigarettes of a
tobacco product manufacturer or brand family not included in
the directory. [2003 c 25 § 3.]
[2003 RCW Supp—page 845]
70.158.040
Title 70 RCW: Public Health and Safety
70.158.040
70.158.040 Nonresident, nonparticipating manufacturers—Agent for service of process. (1) Any nonresident
or foreign nonparticipating manufacturer that has not registered to do business in the state as a foreign corporation or
business entity shall, as a condition precedent to having its
brand families included or retained in the directory, appoint
and continually engage without interruption the services of
an agent in this state to act as agent for the service of process
on whom all process, and any action or proceeding against it
concerning or arising out of the enforcement of this chapter
and RCW 70.157.020(b)(1), may be served in any manner
authorized by law. The service shall constitute legal and
valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the
name, address, phone number, and proof of the appointment
and availability of the agent to the satisfaction of the attorney
general.
(2) The nonparticipating manufacturer shall provide
notice to the attorney general thirty calendar days prior to termination of the authority of an agent and shall further provide
proof to the satisfaction of the attorney general of the
appointment of a new agent no less than five calendar days
prior to the termination of an existing agent appointment. In
the event an agent terminates an agency appointment, the
nonparticipating manufacturer shall notify the attorney general of the termination within five calendar days and include
proof to the satisfaction of the attorney general of the
appointment of a new agent.
(3) Any nonparticipating manufacturer whose cigarettes
are sold in this state, who has not appointed and engaged an
agent as required in this section, shall be deemed to have
appointed the secretary of state as the agent and may be proceeded against in courts of this state by service of process
upon the secretary of state. However, the appointment of the
secretary of state as agent shall not satisfy the condition precedent for having the brand families of the nonparticipating
manufacturer included or retained in the directory. [2003 c
25 § 4.]
70.158.050
70.158.050 Reports, records—Confidentiality, disclosures, voluntary waivers—Escrow payments. (1) In
addition to the reporting requirements under *RCW
70.157.010(j) and the rules adopted thereunder, not later than
twenty-five calendar days after the end of each calendar
month, and more frequently if directed by the director, each
wholesaler and distributor shall submit information the director requires to facilitate compliance with this chapter, including, but not limited to, a list by brand family of the total number of cigarettes, or, in the case of roll-your-own, the equivalent stick count for which the wholesaler or distributor
affixed stamps during the previous calendar month or otherwise paid the tax due for the cigarettes. Each wholesaler and
distributor shall maintain and make available to the director,
all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and any other information relied
upon in reporting to the attorney general or the director for a
period of five years.
(2) Information or records required to be furnished to the
department, the board, or the attorney general are confidential and shall not be disclosed. However, the director and the
board are authorized to disclose to the attorney general any
[2003 RCW Supp—page 846]
information received under this chapter and requested by the
attorney general for purposes of determining compliance
with and enforcing the provisions of this chapter. The director, the board, and the attorney general may share with each
other the information received under this chapter, and may
share information with other federal, state, or local agencies,
including without limitation the board, only for purposes of
enforcement of this chapter, RCW 70.157.020, or corresponding laws of other states. If a tobacco product manufacturer that is required to establish a qualified escrow fund
under RCW 70.157.020 disputes the attorney general's determination of what that manufacturer needs to place into
escrow, and the attorney general determines that the dispute
can likely be resolved by disclosing reports from the relevant
distributors and wholesalers indicating the sales or purchases
of the tobacco manufacturer's products, then the attorney
general shall request voluntary waivers of confidentiality so
that the reports may be disclosed to the tobacco product manufacturer to help resolve the dispute. If the waivers are provided, then the director and the attorney general are authorized to disclose the waived confidential information collected on the sales or purchases of cigarettes to the tobacco
product manufacturer. However, before the attorney general
or the director discloses the waived confidential information,
the tobacco product manufacturer must provide to the attorney general all records relating to its sales or purchases of
cigarettes in dispute. The information provided to a tobacco
product manufacturer pursuant to this subsection (2) shall be
limited to brands or products of that manufacturer only, may
be used only for the limited purpose of determining the
appropriate escrow deposit, and may not be disclosed by the
tobacco product manufacturer.
(3) The attorney general may require at any time from
the nonparticipating manufacturer proof, from the financial
institution in which the manufacturer has established a qualified escrow fund for the purpose of compliance with RCW
70.157.020(b)(1), of the amount of money in the fund, exclusive of interest, the amount and date of each deposit to the
fund, and the amount and date of each withdrawal from the
fund.
(4) In addition to the information required to be submitted pursuant to RCW 70.158.030, this section, and chapters
82.24 and 82.26 RCW, the director, the board, or the attorney
general may require a wholesaler, distributor, or tobacco
product manufacturer to submit any additional information
including, but not limited to, samples of the packaging or
labeling of each brand family, as is necessary to enable the
attorney general to determine whether a tobacco product
manufacturer is in compliance with this chapter. If the director, the board, or the attorney general makes a request for
information pursuant to this subsection (4), the tobacco product manufacturer, distributor, or wholesaler shall comply
promptly.
(5) A nonparticipating manufacturer that either: (a) Has
not previously made escrow payments to the state of Washington pursuant to RCW 70.157.020; or (b) has not actually
made any escrow payments for more than one year, shall
make the required escrow deposits in quarterly installments
during the first year in which the sales covered by the deposits are made or in the first year in which the payments are
made. The director or the attorney general may require pro-
Investing in Innovation Grants Program
duction of information sufficient to enable the attorney general to determine the adequacy of the amount of the installment deposit. [2003 c 25 § 5.]
*Reviser's note: For rules and reporting requirements adopted pursuant
to RCW 70.157.010, see WAC 458-20-264.
70.158.060
70.158.060 Penalties—Application of consumer protection act. (1) In addition to or in lieu of any other civil or
criminal remedy provided by law, upon a determination that
a wholesaler has violated RCW 70.158.030(3) or any rule
adopted pursuant to this chapter, the director or the board
may revoke or suspend the license of the wholesaler in the
manner provided by chapter 82.24 or 82.32 RCW. Each
stamp affixed and each sale or offer to sell cigarettes in violation of RCW 70.158.030(3) shall constitute a separate violation. For each violation of this chapter, the director or the
board may also impose a civil penalty in an amount not to
exceed the greater of five hundred percent of the retail value
of the cigarettes or five thousand dollars upon a determination of violation of RCW 70.158.030(3) or any rules adopted
pursuant thereto. The penalty shall be imposed in the manner
provided by chapter 82.24 RCW.
(2) The attorney general may seek an injunction in superior court to restrain a threatened or actual violation of RCW
70.158.030(3) or 70.158.050 (1) or (4) by a person and to
compel the person to comply with these sections. In any
action brought pursuant to this section, the state shall be entitled to recover the costs of investigation, costs of the action,
and reasonable attorney fees.
(3) It is unlawful for a person to: (a) Sell or distribute
cigarettes or (b) acquire, hold, own, possess, transport,
import, or cause to be imported cigarettes, that the person
knows or should know are intended for distribution or sale in
the state in violation of RCW 70.158.030(3). A violation of
this subsection (3) is a gross misdemeanor.
(4) Any violation of this chapter is not reasonable in relation to the development and preservation of business and is
an unfair and deceptive act or practice and an unfair method
of competition in the conduct of trade or commerce in violation of RCW 19.86.020. Standing to bring an action to
enforce RCW 19.86.020 for violation of this chapter shall lie
solely with the attorney general. Remedies provided by
chapter 19.86 RCW are cumulative and not exclusive. [2003
c 25 § 6.]
70.158.070
70.158.070 Attorney general's directory decision to
be final agency action—Due dates for reports, certifications, directory—Rules—Costs—Penalties. (1) A determination of the attorney general not to include or to remove
from the directory a brand family or tobacco product manufacturer shall be final agency action for purposes of review
under RCW 34.05.570(4).
(2) No person shall be issued a license or granted a
renewal of a license to act as a wholesaler unless the person
has certified in writing under penalty of perjury, that the person will comply fully with this section.
(3) The first reports of wholesalers and distributors are
due August 25, 2003. The certifications by a tobacco product
manufacturer described in RCW 70.158.030(1) are due September 15, 2003. The directory described in RCW
70.210.020
70.158.030(2) shall be published or made available by
November 1, 2003.
(4) The attorney general, the board, and the director may
adopt rules as necessary to effect the administration of this
chapter.
(5) In any action brought by the state to enforce this
chapter, the state is entitled to recover the costs of investigation, expert witness fees, costs of the action, and reasonable
attorney fees.
(6) If a court determines that a person has violated this
chapter, the court shall order any profits, gain, gross receipts,
or other benefit from the violation to be disgorged and paid to
the general fund. Unless otherwise expressly provided, the
remedies or penalties provided by this chapter are cumulative
to each other and to the remedies or penalties available under
all other laws of this state. [2003 c 25 § 7.]
70.158.900
70.158.900 Conflict of law—Severability—2003 c 25.
If a court of competent jurisdiction finds that the provisions
of chapter 25, Laws of 2003 and chapter 70.157 RCW conflict and cannot be harmonized, then the provisions of chapter
70.157 RCW shall control. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of chapter 25,
Laws of 2003 causes chapter 70.157 RCW no longer to constitute a qualifying or model statute, as those terms are
defined in the master settlement agreement, then that portion
of chapter 25, Laws of 2003 shall not be valid. If any section,
subsection, subdivision, paragraph, sentence, clause, or
phrase of chapter 25, Laws of 2003 is for any reason held to
be invalid, unlawful, or unconstitutional, the decision shall
not affect the validity of the remaining portions of chapter 25,
Laws of 2003 or any part thereof. [2003 c 25 § 8.]
70.158.901
70.158.901 Effective date—2003 c 25. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect July 1, 2003.
[2003 c 25 § 13.]
Chapter 70.210
Chapter 70.210 RCW
INVESTING IN INNOVATION GRANTS PROGRAM
Sections
70.210.010
70.210.020
70.210.030
70.210.040
70.210.050
70.210.060
70.210.070
Intent.
Definitions.
Assessments.
Grant award criteria.
Peer review committee—Support of research commercialization opportunities—Grant awards, priority, eligibility.
Performance benchmarks, review, report.
Administration.
70.210.010
70.210.010 Intent. It is the intent of the legislature to
promote growth in the technology sectors of our state's economy and to particularly focus support on the creation and
commercialization of intellectual property in the technology,
energy, and telecommunications industries. [2003 c 403 § 1.]
70.210.020
70.210.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
[2003 RCW Supp—page 847]
70.210.030
Title 71 RCW: Mental Illness
(1) "Center" means the Washington technology center
established under RCW 28B.20.283 through 28B.20.295.
(2) "Board" means the board of directors for the center.
[2003 c 403 § 2.]
(2) Not more than one percent of the available funds
from the *investing in innovation account may be used for
administrative costs of the program. [2003 c 403 § 8.]
*Reviser's note: The section creating the investing in innovation
account, 2003 c 403 § 3, was vetoed by the governor.
70.210.030
70.210.030 Assessments. (1) The investing in innovation grants program is established.
(2) The center shall periodically make strategic assessments of the types of state investments in research and technology in this state that would likely create jobs and business
opportunities and produce the most beneficial long-term
improvements to the lives and health of the citizens of the
state. The assessments shall be available to the public and
shall be used to guide decisions on awarding grants under this
chapter. [2003 c 403 § 4.]
Title 71
Title 71
MENTAL ILLNESS
Chapters
71.09 Sexually violent predators.
71.24 Community mental health services act.
71.32 Mental health advance directives.
71.34 Mental health services for minors.
71.36 Coordination of children's mental health services.
70.210.040
70.210.040 Grant award criteria. The board shall:
(1) Develop criteria for the awarding of grants to qualifying universities, institutions, businesses, or individuals;
(2) Make decisions regarding distribution of grant funds
and make grant awards; and
(3) In making grant awards, seek to provide a balance
between research grant awards and commercialization grant
awards. [2003 c 403 § 5.]
70.210.050
70.210.050 Peer review committee—Support of
research commercialization opportunities—Grant
awards, priority, eligibility. (1) The board may accept grant
proposals and establish a competitive process for the awarding of grants.
(2) The board shall establish a peer review committee to
include board members, scientists, engineers, and individuals
with specific recognized expertise. The peer review committee shall provide to the board an independent peer review of
all proposals determined to be competitive for a grant award
that are submitted to the board.
(3) In the awarding of grants, priority shall be given to
proposals that leverage additional private and public funding
resources.
(4) Up to fifty percent of available funds from the investing in innovation account may be used to support commercialization opportunities for research in Washington state
through an organization with commercialization expertise
such as the Spokane intercollegiate research and technology
institute.
(5) The center may not be a direct recipient of grant
awards under chapter 403, Laws of 2003. [2003 c 403 § 6.]
70.210.060
70.210.060 Performance benchmarks, review,
report. The board shall establish performance benchmarks
against which the program will be evaluated. The grants program shall be reviewed periodically by the board. The board
shall report annually to the appropriate standing committees
of the legislature on grants awarded and as appropriate on
program reviews conducted by the board. [2003 c 403 § 7.]
70.210.070
70.210.070 Administration. (1) The center shall
administer the investing in innovation grants program.
[2003 RCW Supp—page 848]
Chapter 71.09
Chapter 71.09 RCW
SEXUALLY VIOLENT PREDATORS
Sections
71.09.020
71.09.135
71.09.250
71.09.270
71.09.275
71.09.290
71.09.300
71.09.342
71.09.020
Definitions.
McNeil Island—Escape planning, response.
Transition facility—Siting.
Repealed.
Transition facility—Transportation of residents.
Other transition facilities—Siting policy guidelines.
Transition facilities—Staffing.
Transition facilities—Siting—Local regulations preempted,
when—Consideration of public safety measures.
71.09.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of social and
health services.
(2) "Health care facility" means any hospital, hospice
care center, licensed or certified health care facility, health
maintenance organization regulated under chapter 48.46
RCW, federally qualified health maintenance organization,
federally approved renal dialysis center or facility, or federally approved blood bank.
(3) "Health care practitioner" means an individual or
firm licensed or certified to engage actively in a regulated
health profession.
(4) "Health care services" means those services provided
by health professionals licensed pursuant to RCW
18.120.020(4).
(5) "Health profession" means those licensed or regulated professions set forth in RCW 18.120.020(4).
(6) "Less restrictive alternative" means court-ordered
treatment in a setting less restrictive than total confinement
which satisfies the conditions set forth in RCW 71.09.092.
(7) "Likely to engage in predatory acts of sexual violence
if not confined in a secure facility" means that the person
more probably than not will engage in such acts if released
unconditionally from detention on the sexually violent predator petition. Such likelihood must be evidenced by a recent
overt act if the person is not totally confined at the time the
petition is filed under RCW 71.09.030.
(8) "Mental abnormality" means a congenital or acquired
condition affecting the emotional or volitional capacity
Sexually Violent Predators
which predisposes the person to the commission of criminal
sexual acts in a degree constituting such person a menace to
the health and safety of others.
(9) "Predatory" means acts directed towards: (a) Strangers; (b) individuals with whom a relationship has been established or promoted for the primary purpose of victimization;
or (c) persons of casual acquaintance with whom no substantial personal relationship exists.
(10) "Recent overt act" means any act or threat that has
either caused harm of a sexually violent nature or creates a
reasonable apprehension of such harm in the mind of an
objective person who knows of the history and mental condition of the person engaging in the act.
(11) "Risk potential activity" or "risk potential facility"
means an activity or facility that provides a higher incidence
of risk to the public from persons conditionally released from
the special commitment center. Risk potential activities and
facilities include: Public and private schools, school bus
stops, licensed day care and licensed preschool facilities,
public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, churches, synagogues, temples, mosques, public libraries, public and private youth camps, and others identified by the department
following the hearings on a potential site required in RCW
71.09.315. For purposes of this chapter, "school bus stops"
does not include bus stops established primarily for public
transit.
(12) "Secretary" means the secretary of social and health
services or the secretary's designee.
(13) "Secure facility" means a residential facility for persons civilly confined under the provisions of this chapter that
includes security measures sufficient to protect the community. Such facilities include total confinement facilities,
secure community transition facilities, and any residence
used as a court-ordered placement under RCW 71.09.096.
(14) "Secure community transition facility" means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under this chapter. A secure community transition facility has supervision
and security, and either provides or ensures the provision of
sex offender treatment services. Secure community transition facilities include but are not limited to the facility established pursuant to RCW 71.09.250(1)(a)(i) and any community-based facilities established under this chapter and operated by the secretary or under contract with the secretary.
(15) "Sexually violent offense" means an act committed
on, before, or after July 1, 1990, that is: (a) An act defined in
Title 9A RCW as rape in the first degree, rape in the second
degree by forcible compulsion, rape of a child in the first or
second degree, statutory rape in the first or second degree,
indecent liberties by forcible compulsion, indecent liberties
against a child under age fourteen, incest against a child
under age fourteen, or child molestation in the first or second
degree; (b) a felony offense in effect at any time prior to July
1, 1990, that is comparable to a sexually violent offense as
defined in (a) of this subsection, or any federal or out-of-state
conviction for a felony offense that under the laws of this
state would be a sexually violent offense as defined in this
subsection; (c) an act of murder in the first or second degree,
assault in the first or second degree, assault of a child in the
first or second degree, kidnapping in the first or second
71.09.250
degree, burglary in the first degree, residential burglary, or
unlawful imprisonment, which act, either at the time of sentencing for the offense or subsequently during civil commitment proceedings pursuant to this chapter, has been determined beyond a reasonable doubt to have been sexually motivated, as that term is defined in RCW 9.94A.030; or (d) an act
as described in chapter 9A.28 RCW, that is an attempt, criminal solicitation, or criminal conspiracy to commit one of the
felonies designated in (a), (b), or (c) of this subsection.
(16) "Sexually violent predator" means any person who
has been convicted of or charged with a crime of sexual violence and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in
predatory acts of sexual violence if not confined in a secure
facility.
(17) "Total confinement facility" means a secure facility
that provides supervision and sex offender treatment services
in a total confinement setting. Total confinement facilities
include the special commitment center and any similar facility designated as a total confinement facility by the secretary.
[2003 c 216 § 2; 2003 c 50 § 1; 2002 c 68 § 4; 2002 c 58 § 2;
2001 2nd sp.s. c 12 § 102; 2001 c 286 § 4; 1995 c 216 § 1;
1992 c 145 § 17; 1990 1st ex.s. c 12 § 2; 1990 c 3 § 1002.]
Reviser's note: This section was amended by 2003 c 50 § 1 and by
2003 c 216 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2003 c 216: See notes following RCW
71.09.300.
Application—2003 c 50: "This act applies prospectively only and not
retroactively and does not apply to development regulations adopted or
amended prior to April 17, 2003." [2003 c 50 § 3.]
Effective date—2003 c 50: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 17, 2003]." [2003 c 50 § 4.]
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
Effective date—2002 c 58: See note following RCW 71.09.085.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
Effective date—1990 1st ex.s. c 12: See note following RCW
13.40.020.
71.09.135
71.09.135 McNeil Island—Escape planning,
response. The emergency response team for McNeil Island
shall plan, coordinate, and respond in the event of an escape
from the special commitment center or the secure community
transition facility. [2003 c 216 § 6.]
Severability—Effective date—2003 c 216: See notes following RCW
71.09.300.
71.09.250
71.09.250 Transition facility—Siting. (1)(a) The secretary is authorized to site, construct, occupy, and operate (i)
a secure community transition facility on McNeil Island for
persons authorized to petition for a less restrictive alternative
under RCW 71.09.090(1) and who are conditionally released;
and (ii) a special commitment center on McNeil Island with
up to four hundred four beds as a total confinement facility
under this chapter, subject to appropriated funding for those
purposes. The secure community transition facility shall be
[2003 RCW Supp—page 849]
71.09.250
Title 71 RCW: Mental Illness
authorized for the number of beds needed to ensure compliance with the orders of the superior courts under this chapter
and the federal district court for the western district of Washington. The total number of beds in the secure community
transition facility shall be limited to twenty-four, consisting
of up to fifteen transitional beds and up to nine pretransitional
beds. The residents occupying the transitional beds shall be
the only residents eligible for transitional services occurring
in Pierce county. In no event shall more than fifteen residents
of the secure community transition facility be participating in
off-island transitional, educational, or employment activity at
the same time in Pierce county. The department shall provide
the Pierce county sheriff, or his or her designee, with a list of
the fifteen residents so designated, along with their photographs and physical descriptions, and the list shall be immediately updated whenever a residential change occurs. The
Pierce county sheriff, or his or her designee, shall be provided
an opportunity to confirm the residential status of each resident leaving McNeil Island.
(b) For purposes of this subsection, "transitional beds"
means beds only for residents who are judged by a qualified
expert to be suitable to leave the island for treatment, education, and employment.
(2)(a) The secretary is authorized to site, either within
the secure community transition facility established pursuant
to subsection (1)(a)(i) of this section, or within the special
commitment center, up to nine pretransitional beds.
(b) Residents assigned to pretransitional beds shall not
be permitted to leave McNeil Island for education, employment, treatment, or community activities in Pierce county.
(c) For purposes of this subsection, "pretransitional
beds" means beds for residents whose progress toward a less
secure residential environment and transition into more complete community involvement is projected to take substantially longer than a typical resident of the special commitment center.
(3) Notwithstanding RCW 36.70A.103 or any other law,
this statute preempts and supersedes local plans, development regulations, permitting requirements, inspection
requirements, and all other laws as necessary to enable the
secretary to site, construct, occupy, and operate a secure community transition facility on McNeil Island and a total confinement facility on McNeil Island.
(4) To the greatest extent possible, until June 30, 2003,
persons who were not civilly committed from the county in
which the secure community transition facility established
pursuant to subsection (1) of this section is located may not
be conditionally released to a setting in that same county less
restrictive than that facility.
(5) As of June 26, 2001, the state shall immediately
cease any efforts in effect on such date to site secure community transition facilities, other than the facility authorized by
subsection (1) of this section, and shall instead site such facilities in accordance with the provisions of this section.
(6) The department must:
(a) Identify the minimum and maximum number of
secure community transition facility beds in addition to the
facility established under subsection (1) of this section that
may be necessary for the period of May 2004 through May
2007 and provide notice of these numbers to all counties by
August 31, 2001; and
[2003 RCW Supp—page 850]
(b) Develop and publish policy guidelines for the siting
and operation of secure community transition facilities.
(7)(a) The total number of secure community transition
facility beds that may be required to be sited in a county
between June 26, 2001, and June 30, 2008, may be no greater
than the total number of persons civilly committed from that
county, or detained at the special commitment center under a
pending civil commitment petition from that county where a
finding of probable cause had been made on April 1, 2001.
The total number of secure community transition facility
beds required to be sited in each county between July 1, 2008,
and June 30, 2015, may be no greater than the total number of
persons civilly committed from that county or detained at the
special commitment center under a pending civil commitment petition from that county where a finding of probable
cause had been made as of July 1, 2008.
(b) Counties and cities that provide secure community
transition facility beds above the maximum number that they
could be required to site under this subsection are eligible for
a bonus grant under the incentive provisions in RCW
71.09.255. The county where the special commitment center
is located shall receive this bonus grant for the number of
beds in the facility established in subsection (1) of this section in excess of the maximum number established by this
subsection.
(c) No secure community transition facilities in addition
to the one established in subsection (1) of this section may be
required to be sited in the county where the special commitment center is located until after June 30, 2008, provided
however, that the county and its cities may elect to site additional secure community transition facilities and shall be eligible under the incentive provisions of RCW 71.09.255 for
any additional facilities meeting the requirements of that section.
(8) In identifying potential sites within a county for the
location of a secure community transition facility, the department shall work with and assist local governments to provide
for the equitable distribution of such facilities. In coordinating and deciding upon the siting of secure community transition facilities, great weight shall be given by the county and
cities within the county to:
(a) The number and location of existing residential facility beds operated by the department of corrections or the
mental health division of the department of social and health
services in each jurisdiction in the county; and
(b) The number of registered sex offenders classified as
level II or level III and the number of sex offenders registered
as homeless residing in each jurisdiction in the county.
(9)(a) "Equitable distribution" means siting or locating
secure community transition facilities in a manner that will
not cause a disproportionate grouping of similar facilities
either in any one county, or in any one jurisdiction or community within a county, as relevant; and
(b) "Jurisdiction" means a city, town, or geographic area
of a county in which distinct political or judicial authority
may be exercised. [2003 c 216 § 3; 2001 2nd sp.s. c 12 §
201.]
Severability—Effective date—2003 c 216: See notes following RCW
71.09.300.
Intent—2001 2nd sp.s. c 12: "The legislature intends the following
omnibus bill to address the management of sex offenders in the civil commit-
Sexually Violent Predators
ment and criminal justice systems for purposes of public health, safety, and
welfare. Provisions address siting of and continued operation of facilities for
persons civilly committed under chapter 71.09 RCW and sentencing of persons who have committed sex offenses. Other provisions address the need
for sex offender treatment providers with specific credentials. Additional
provisions address the continued operation or authorized expansion of criminal justice facilities at McNeil Island, because these facilities are impacted
by the civil facilities on McNeil Island for persons committed under chapter
71.09 RCW." [2001 2nd sp.s. c 12 § 101.]
Severability—2001 2nd sp.s. c 12: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2001 2nd sp.s. c 12 § 504.]
Effective dates—2001 2nd sp.s. c 12: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [June 26, 2001], except for sections 301 through 363, 501, and
503 of this act which take effect September 1, 2001." [2001 2nd sp.s. c 12 §
505.]
71.09.270
71.09.270 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
71.09.275
71.09.275 Transition facility—Transportation of residents. (1) If the department does not provide a separate vessel for transporting residents of the secure community transition facility established in RCW 71.09.250(1) between
McNeil Island and the mainland, the department shall:
(a) Separate residents from minors and vulnerable adults,
except vulnerable adults who have been found to be sexually
violent predators.
(b) Not transport residents during times when children
are normally coming to and from the mainland for school.
(2) The department shall designate a separate waiting
area at the points of debarkation, and residents shall be
required to remain in this area while awaiting transportation.
(3) The department shall provide law enforcement agencies in the counties and cities in which residents of the secure
community transition facility established pursuant to RCW
71.09.250(1)(a)(i) regularly participate in employment, education, or social services, or through which these persons are
regularly transported, with a copy of the court's order of conditional release with respect to these persons. [2003 c 216 §
4; 2001 2nd sp.s. c 12 § 211.]
Severability—Effective date—2003 c 216: See notes following RCW
71.09.300.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.290
71.09.290 Other transition facilities—Siting policy
guidelines. The secretary shall establish policy guidelines
for the siting of secure community transition facilities, other
than the secure community transition facility established pursuant to RCW 71.09.250(1)(a)(i), which shall include at least
the following minimum requirements:
(1) The following criteria must be considered prior to
any real property being listed for consideration for the location of or use as a secure community transition facility:
(a) The proximity and response time criteria established
under RCW 71.09.285;
(b) The site or building is available for lease for the
anticipated use period or for purchase;
(c) Security monitoring services and appropriate back-up
systems are available and reliable;
71.09.300
(d) Appropriate mental health and sex offender treatment
providers must be available within a reasonable commute;
and
(e) Appropriate permitting for a secure community transition facility must be possible under the zoning code of the
local jurisdiction.
(2) For sites which meet the criteria of subsection (1) of
this section, the department shall analyze and compare the
criteria in subsections (3) through (5) of this section using the
method established in RCW 71.09.285.
(3) Public safety and security criteria shall include at
least the following:
(a) Whether limited visibility between the facility and
adjacent properties can be achieved prior to placement of any
person;
(b) The distance from, and number of, risk potential
activities and facilities, as measured using the policies
adopted under RCW 71.09.285;
(c) The existence of or ability to establish barriers
between the site and the risk potential facilities and activities;
(d) Suitability of the buildings to be used for the secure
community transition facility with regard to existing or feasibly modified features; and
(e) The availability of electronic monitoring that allows
a resident's location to be determined with specificity.
(4) Site characteristics criteria shall include at least the
following:
(a) Reasonableness of rental, lease, or sale terms including length and renewability of a lease or rental agreement;
(b) Traffic and access patterns associated with the real
property;
(c) Feasibility of complying with zoning requirements
within the necessary time frame; and
(d) A contractor or contractors are available to install,
monitor, and repair the necessary security and alarm systems.
(5) Program characteristics criteria shall include at least
the following:
(a) Reasonable proximity to available medical, mental
health, sex offender, and chemical dependency treatment providers and facilities;
(b) Suitability of the location for programming, staffing,
and support considerations;
(c) Proximity to employment, educational, vocational,
and other treatment plan components.
(6) For purposes of this section "available" or "availability" of qualified treatment providers includes provider qualifications and willingness to provide services, average commute time, and cost of services. [2003 c 216 § 5; 2001 2nd
sp.s. c 12 § 214.]
Severability—Effective date—2003 c 216: See notes following RCW
71.09.300.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.300
71.09.300 Transition facilities—Staffing. Secure
community transition facilities shall meet the following minimum staffing requirements:
(1)(a) At any time the census of a facility that accepts its
first resident before July 1, 2003, is six or fewer residents, the
facility shall maintain a minimum staffing ratio of one staff
per three residents during normal waking hours and one
[2003 RCW Supp—page 851]
71.09.342
Title 71 RCW: Mental Illness
awake staff per four residents during normal sleeping hours.
In no case shall the staffing ratio permit less than two staff per
housing unit.
(b) At any time the census of a facility that accepts its
first resident on or after July 1, 2003, is six or fewer residents,
the facility shall maintain a minimum staffing ratio of one
staff per resident during normal waking hours and two awake
staff per three residents during normal sleeping hours. In no
case shall the staffing ratio permit less than two staff per
housing unit.
(2) At any time the census of a facility is six or fewer residents, all staff shall be classified as residential rehabilitation
counselor II or have a classification that indicates an equivalent or higher level of skill, experience, and training.
(3) Before being assigned to a facility, all staff shall have
training in sex offender issues, self-defense, and crisis deescalation skills in addition to departmental orientation and,
as appropriate, management training. All staff with resident
treatment or care duties must participate in ongoing in-service training.
(4) All staff must pass a departmental background check
and the check is not subject to the limitations in chapter
9.96A RCW. A person who has been convicted of a felony,
or any sex offense, may not be employed at the secure community transition facility or be approved as an escort for a
resident of the facility. [2003 c 216 § 1; 2001 2nd sp.s. c 12
§ 216.]
Severability—2003 c 216: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2003 c 216 § 8.]
Effective date—2003 c 216: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 216 § 9.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.342
71.09.342 Transition facilities—Siting—Local regulations preempted, when—Consideration of public safety
measures. (1) After October 1, 2002, notwithstanding RCW
36.70A.103 or any other law, this section preempts and
supersedes local plans, development regulations, permitting
requirements, inspection requirements, and all other laws as
necessary to enable the department to site, construct, renovate, occupy, and operate secure community transition facilities within the borders of the following:
(a) Any county that had five or more persons civilly
committed from that county, or detained at the special commitment center under a pending civil commitment petition
from that county where a finding of probable cause has been
made, on April 1, 2001, if the department determines that the
county has not met the requirements of RCW 36.70A.200
with respect to secure community transition facilities. This
subsection does not apply to the county in which the secure
community transition facility authorized under RCW
71.09.250(1) is located; and
(b) Any city located within a county listed in (a) of this
subsection that the department determines has not met the
requirements of RCW 36.70A.200 with respect to secure
community transition facilities.
[2003 RCW Supp—page 852]
(2) The department's determination under subsection
(1)(a) or (b) of this section is final and is not subject to appeal
under chapter 34.05 or 36.70A RCW.
(3) When siting a facility in a county or city that has been
preempted under this section, the department shall consider
the policy guidelines established under RCW 71.09.285 and
71.09.290 and shall hold the hearings required in RCW
71.09.315.
(4) Nothing in this section prohibits the department
from:
(a) Siting a secure community transition facility in a city
or county that has complied with the requirements of RCW
36.70A.200 with respect to secure community transition
facilities, including a city that is located within a county that
has been preempted. If the department sites a secure community transition facility in such a city or county, the department
shall use the process established by the city or county for siting such facilities; or
(b) Consulting with a city or county that has been preempted under this section regarding the siting of a secure
community transition facility.
(5)(a) A preempted city or county may propose public
safety measures specific to any finalist site to the department.
The measures must be consistent with the location of the
facility at that finalist site. The proposal must be made in
writing by the date of:
(i) The second hearing under RCW 71.09.315(2)(a)
when there are three finalist sites; or
(ii) The first hearing under RCW 71.09.315(2)(b) when
there is only one site under consideration.
(b) The department shall respond to the city or county in
writing within fifteen business days of receiving the proposed
measures. The response shall address all proposed measures.
(c) If the city or county finds that the department's
response is inadequate, the city or county may notify the
department in writing within fifteen business days of the specific items which it finds inadequate. If the city or county
does not notify the department of a finding that the response
is inadequate within fifteen business days, the department's
response shall be final.
(d) If the city or county notifies the department that it
finds the response inadequate and the department does not
revise its response to the satisfaction of the city or county
within seven business days, the city or county may petition
the governor to designate a person with law enforcement
expertise to review the response under RCW 34.05.479.
(e) The governor's designee shall hear a petition filed
under this subsection and shall make a determination within
thirty days of hearing the petition. The governor's designee
shall consider the department's response, and the effectiveness and cost of the proposed measures, in relation to the purposes of this chapter. The determination by the governor's
designee shall be final and may not be the basis for any cause
of action in civil court.
(f) The city or county shall bear the cost of the petition to
the governor's designee. If the city or county prevails on all
issues, the department shall reimburse the city or county costs
incurred, as provided under chapter 34.05 RCW.
(g) Neither the department's consideration and response
to public safety conditions proposed by a city or county nor
the decision of the governor's designee shall affect the pre-
Community Mental Health Services Act
emption under this section or the department's authority to
site, construct, renovate, occupy, and operate the secure community transition facility at that finalist site or at any finalist
site.
(6) Until June 30, 2009, the secretary shall site, construct, occupy, and operate a secure community transition
facility sited under this section in an environmentally responsible manner that is consistent with the substantive objectives
of chapter 43.21C RCW, and shall consult with the department of ecology as appropriate in carrying out the planning,
construction, and operations of the facility. The secretary
shall make a threshold determination of whether a secure
community transition facility sited under this section would
have a probable significant, adverse environmental impact.
If the secretary determines that the secure community transition facility has such an impact, the secretary shall prepare an
environmental impact statement that meets the requirements
of RCW 43.21C.030 and 43.21C.031 and the rules promulgated by the department of ecology relating to such statements. Nothing in this subsection shall be the basis for any
civil cause of action or administrative appeal.
(7) In no case may a secure community transition facility
be sited adjacent to, immediately across a street or parking lot
from, or within the line of sight of a risk potential activity or
facility in existence at the time a site is listed for consideration unless the site that the department has chosen in a particular county or city was identified pursuant to a process for
siting secure community transition facilities adopted by that
county or city in compliance with RCW 36.70A.200.
"Within the line of sight" means that it is possible to reasonably visually distinguish and recognize individuals.
(8) This section does not apply to the secure community
transition facility established pursuant to RCW 71.09.250(1).
[2003 c 50 § 2; 2002 c 68 § 9.]
Application—Effective date—2003 c 50: See notes following RCW
71.09.020.
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
"All other laws" defined: RCW 71.09.2501.
Chapter 71.24 RCW
COMMUNITY MENTAL HEALTH SERVICES ACT
Chapter 71.24
Sections
71.24.820
71.24.830
Repealed.
Repealed.
71.24.820
71.24.820 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
71.24.830
71.24.830 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 71.32 RCW
MENTAL HEALTH ADVANCE DIRECTIVES
Chapter 71.32
Sections
71.32.010
71.32.020
71.32.030
71.32.040
71.32.050
Legislative declaration—Findings.
Definitions.
Construction of definitions.
Adult presumed to have capacity.
Execution of directive—Scope.
71.32.060
71.32.070
71.32.080
71.32.090
71.32.100
71.32.110
71.32.120
71.32.130
71.32.140
71.32.150
71.32.160
71.32.170
71.32.180
71.32.190
71.32.200
71.32.210
71.32.220
71.32.230
71.32.240
71.32.250
71.32.260
71.32.900
71.32.901
71.32.010
Execution of directive—Elements—Effective date—Expiration.
Prohibited elements.
Revocation—Waiver.
Witnesses.
Appointment of agent.
Determination of capacity.
Action to contest directive.
Determination of capacity—Reevaluations of capacity.
Refusal of admission to inpatient treatment—Effect of directive.
Compliance with directive—Conditions for noncompliance.
Electroconvulsive therapy.
Providers—Immunity from liability—Conditions.
Multiple directives, agents—Effect—Disclosure of court
orders.
Preexisting, foreign directives—Validity.
Fraud, duress, undue influence—Appointment of guardian.
Execution of directive not evidence of mental disorder or lack
of capacity.
Requiring directive prohibited.
Coercion, threats prohibited.
Other authority not limited.
Long-term care facility residents—Readmission after inpatient
mental health treatment—Evaluation, report to legislature.
Form.
Severability—2003 c 283.
Part headings not law—2003 c 283.
71.32.010
71.32.010 Legislative declaration—Findings. (1) The
legislature declares that an individual with capacity has the
ability to control decisions relating to his or her own mental
health care. The legislature finds that:
(a) Some mental illnesses cause individuals to fluctuate
between capacity and incapacity;
(b) During periods when an individual's capacity is
unclear, the individual may be unable to access needed treatment because the individual may be unable to give informed
consent;
(c) Early treatment may prevent an individual from
becoming so ill that involuntary treatment is necessary; and
(d) Mentally ill individuals need some method of
expressing their instructions and preferences for treatment
and providing advance consent to or refusal of treatment.
The legislature recognizes that a mental health advance
directive can be an essential tool for an individual to express
his or her choices at a time when the effects of mental illness
have not deprived him or her of the power to express his or
her instructions or preferences.
(2) The legislature further finds that:
(a) A mental health advance directive must provide the
individual with a full range of choices;
(b) Mentally ill individuals have varying perspectives on
whether they want to be able to revoke a directive during
periods of incapacity;
(c) For a mental health advance directive to be an effective tool, individuals must be able to choose how they want
their directives treated during periods of incapacity; and
(d) There must be clear standards so that treatment providers can readily discern an individual's treatment choices.
Consequently, the legislature affirms that, pursuant to
other provisions of law, a validly executed mental health
advance directive is to be respected by agents, guardians, and
other surrogate decision makers, health care providers, professional persons, and health care facilities. [2003 c 283 § 1.]
[2003 RCW Supp—page 853]
71.32.020
Title 71 RCW: Mental Illness
71.32.020
71.32.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Adult" means any individual who has attained the
age of majority or is an emancipated minor.
(2) "Agent" has the same meaning as an attorney-in-fact
or agent as provided in chapter 11.94 RCW.
(3) "Capacity" means that an adult has not been found to
be incapacitated pur suan t to this chapter or RCW
11.88.010(1)(e).
(4) "Court" means a superior court under chapter 2.08
RCW.
(5) "Health care facility" means a hospital, as defined in
RCW 70.41.020; an institution, as defined in RCW
71.12.455; a state hospital, as defined in RCW 72.23.010; a
nursing home, as defined in RCW 18.51.010; or a clinic that
is part of a community mental health service delivery system,
as defined in RCW 71.24.025.
(6) "Health care provider" means an osteopathic physician or osteopathic physician's assistant licensed under chapter 18.57 or 18.57A RCW, a physician or physician's assistant
licensed under chapter 18.71 or 18.71A RCW, or an
advanced registered nurse practitioner licensed under RCW
18.79.050.
(7) "Incapacitated" means an adult who: (a) Is unable to
understand the nature, character, and anticipated results of
proposed treatment or alternatives; understand the recognized serious possible risks, complications, and anticipated
benefits in treatments and alternatives, including nontreatment; or communicate his or her understanding or treatment
decisions; or (b) has been found to be incompetent pursuant
to RCW 11.88.010(1)(e).
(8) "Informed consent" means consent that is given after
the person: (a) Is provided with a description of the nature,
character, and anticipated results of proposed treatments and
alternatives, and the recognized serious possible risks, complications, and anticipated benefits in the treatments and
alternatives, including nontreatment, in language that the person can reasonably be expected to understand; or (b) elects
not to be given the information included in (a) of this subsection.
(9) "Long-term care facility" has the same meaning as
defined in RCW 43.190.020.
(10) "Mental disorder" means any organic, mental, or
emotional impairment which has substantial adverse effects
on an individual's cognitive or volitional functions.
(11) "Mental health advance directive" or "directive"
means a written document in which the principal makes a
declaration of instructions or preferences or appoints an agent
to make decisions on behalf of the principal regarding the
principal's mental health treatment, or both, and that is consistent with the provisions of this chapter.
(12) "Mental health professional" means a psychiatrist,
psychologist, psychiatric nurse, or social worker, and such
other mental health professionals as may be defined by rules
adopted by the secretary pursuant to the provisions of chapter
71.05 RCW.
(13) "Principal" means an adult who has executed a mental health advance directive.
(14) "Professional person" means a mental health professional and shall also mean a physician, registered nurse, and
[2003 RCW Supp—page 854]
such others as may be defined by rules adopted by the secretary pursuant to the provisions of chapter 71.05 RCW. [2003
c 283 § 2.]
71.32.030
71.32.030 Construction of definitions. (1) The definition of informed consent is to be construed to be consistent
with that term as it is used in chapter 7.70 RCW.
(2) The definitions of mental disorder, mental health professional, and professional person are to be construed to be
consistent with those terms as they are defined in RCW
71.05.020. [2003 c 283 § 3.]
71.32.040
71.32.040 Adult presumed to have capacity. For the
purposes of this chapter, an adult is presumed to have capacity. [2003 c 283 § 4.]
71.32.050
71.32.050 Execution of directive—Scope. (1) An
adult with capacity may execute a mental health advance
directive.
(2) A directive executed in accordance with this chapter
is presumed to be valid. The inability to honor one or more
provisions of a directive does not affect the validity of the
remaining provisions.
(3) A directive may include any provision relating to
mental health treatment or the care of the principal or the
principal's personal affairs. Without limitation, a directive
may include:
(a) The principal's preferences and instructions for mental health treatment;
(b) Consent to specific types of mental health treatment;
(c) Refusal to consent to specific types of mental health
treatment;
(d) Consent to admission to and retention in a facility for
mental health treatment for up to fourteen days;
(e) Descriptions of situations that may cause the principal to experience a mental health crisis;
(f) Suggested alternative responses that may supplement
or be in lieu of direct mental health treatment, such as treatment approaches from other providers;
(g) Appointment of an agent pursuant to chapter 11.94
RCW to make mental health treatment decisions on the principal's behalf, including authorizing the agent to provide consent on the principal's behalf to voluntary admission to inpatient mental health treatment; and
(h) The principal's nomination of a guardian or limited
guardian as provided in RCW 11.94.010 for consideration by
the court if guardianship proceedings are commenced.
(4) A directive may be combined with or be independent
of a nomination of a guardian or other durable power of attorney under chapter 11.94 RCW, so long as the processes for
each are executed in accordance with its own statutes. [2003
c 283 § 5.]
71.32.060
71.32.060 Execution of directive—Elements—Effective date—Expiration. (1) A directive shall:
(a) Be in writing;
(b) Contain language that clearly indicates that the principal intends to create a directive;
Mental Health Advance Directives
(c) Be dated and signed by the principal or at the principal's direction in the principal's presence if the principal is
unable to sign;
(d) Designate whether the principal wishes to be able to
revoke the directive during any period of incapacity or
wishes to be unable to revoke the directive during any period
of incapacity; and
(e) Be witnessed in writing by at least two adults, each of
whom shall declare that he or she personally knows the principal, was present when the principal dated and signed the
directive, and that the principal did not appear to be incapacitated or acting under fraud, undue influence, or duress.
(2) A directive that includes the appointment of an agent
under chapter 11.94 RCW shall contain the words "This
power of attorney shall not be affected by the incapacity of
the principal," or "This power of attorney shall become effective upon the incapacity of the principal," or similar words
showing the principal's intent that the authority conferred
shall be exercisable notwithstanding the principal's incapacity.
(3) A directive is valid upon execution, but all or part of
the directive may take effect at a later time as designated by
the principal in the directive.
(4) A directive may:
(a) Be revoked, in whole or in part, pursuant to the provisions of RCW 71.32.080; or
(b) Expire under its own terms. [2003 c 283 § 6.]
71.32.070
71.32.070 Prohibited elements. A directive may not:
(1) Create an entitlement to mental health or medical
treatment or supersede a determination of medical necessity;
(2) Obligate any health care provider, professional person, or health care facility to pay the costs associated with the
treatment requested;
(3) Obligate any health care provider, professional person, or health care facility to be responsible for the nontreatment personal care of the principal or the principal's personal
affairs outside the scope of services the facility normally provides;
(4) Replace or supersede the provisions of any will or
testamentary document or supersede the provisions of intestate succession;
(5) Be revoked by an incapacitated principal unless that
principal selected the option to permit revocation while incapacitated at the time his or her directive was executed; or
(6) Be used as the authority for inpatient admission for
more than fourteen days in any twenty-one day period. [2003
c 283 § 7.]
71.32.080
71.32.080 Revocation—Waiver. (1)(a) A principal
with capacity may, by written statement by the principal or at
the principal's direction in the principal's presence, revoke a
directive in whole or in part.
(b) An incapacitated principal may revoke a directive
only if he or she elected at the time of executing the directive
to be able to revoke when incapacitated.
(2) The revocation need not follow any specific form so
long as it is written and the intent of the principal can be discerned.
(3) The principal shall provide a copy of his or her written statement of revocation to his or her agent, if any, and to
71.32.090
each health care provider, professional person, or health care
facility that received a copy of the directive from the principal.
(4) The written statement of revocation is effective:
(a) As to a health care provider, professional person, or
health care facility, upon receipt. The professional person,
health care provider, or health care facility, or persons acting
under their direction shall make the statement of revocation
part of the principal's medical record; and
(b) As to the principal's agent, upon receipt. The principal's agent shall notify the principal's health care provider,
professional person, or health care facility of the revocation
and provide them with a copy of the written statement of
revocation.
(5) A directive also may:
(a) Be revoked, in whole or in part, expressly or to the
extent of any inconsistency, by a subsequent directive; or
(b) Be superseded or revoked by a court order, including
any order entered in a criminal matter. A directive may be
superseded by a court order regardless of whether the order
contains an explicit reference to the directive. To the extent
a directive is not in conflict with a court order, the directive
remains effective, subject to the provisions of RCW
71.32.150. A directive shall not be interpreted in a manner
that interferes with: (i) Incarceration or detention by the
department of corrections, in a city or county jail, or by the
department of social and health services; or (ii) treatment of a
principal who is subject to involuntary treatment pursuant to
chapter 10.77, 70.96A, 71.05, 71.09, or 71.34 RCW.
(6) A directive that would have otherwise expired but is
effective because the principal is incapacitated remains effective until the principal is no longer incapacitated unless the
principal has elected to be able to revoke while incapacitated
and has revoked the directive.
(7) When a principal with capacity consents to treatment
that differs from, or refuses treatment consented to in, the
provisions of his or her directive, the consent or refusal constitutes a waiver of that provision and does not constitute a
revocation of the provision or directive unless the principal
also revokes the directive or provision. [2003 c 283 § 8.]
71.32.090
71.32.090 Witnesses. A witness may not be any of the
following:
(1) A person designated to make health care decisions on
the principal's behalf;
(2) A health care provider or professional person directly
involved with the provision of care to the principal at the time
the directive is executed;
(3) An owner, operator, employee, or relative of an
owner or operator of a health care facility or long-term care
facility in which the principal is a patient or resident;
(4) A person who is related by blood, marriage, or adoption to the person or with whom the principal has a dating
relationship, as defined in RCW 26.50.010;
(5) A person who is declared to be an incapacitated person; or
(6) A person who would benefit financially if the principal making the directive undergoes mental health treatment.
[2003 c 283 § 9.]
[2003 RCW Supp—page 855]
71.32.100
Title 71 RCW: Mental Illness
71.32.100
71.32.100 Appointment of agent. (1) If a directive
authorizes the appointment of an agent, the provisions of
chapter 11.94 RCW and RCW 7.70.065 shall apply unless
otherwise stated in this chapter.
(2) The principal who appoints an agent must notify the
agent in writing of the appointment.
(3) An agent must act in good faith.
(4) An agent may make decisions on behalf of the principal. Unless the principal has revoked the directive, the decisions must be consistent with the instructions and preferences
the principal has expressed in the directive, or if not
expressed, as otherwise known to the agent. If the principal's
instructions or preferences are not known, the agent shall
make a decision he or she determines is in the best interest of
the principal.
(5) Except to the extent the right is limited by the
appointment or any federal or state law, the agent has the
same right as the principal to receive, review, and authorize
the use and disclosure of the principal's health care information when the agent is acting on behalf of the principal and to
the extent required for the agent to carry out his or her duties.
This subsection shall be construed to be consistent with chapters 70.02, 70.24, 70.96A, 71.05, and 71.34 RCW, and with
federal law regarding health care information.
(6) Unless otherwise provided in the appointment and
agreed to in writing by the agent, the agent is not, as a result
of acting in the capacity of agent, personally liable for the
cost of treatment provided to the principal.
(7) An agent may resign or withdraw at any time by giving written notice to the principal. The agent must also give
written notice to any health care provider, professional person, or health care facility providing treatment to the principal. The resignation or withdrawal is effective upon receipt
unless otherwise specified in the resignation or withdrawal.
(8) If the directive gives the agent authority to act while
the principal has capacity, the decisions of the principal
supersede those of the agent at any time the principal has
capacity.
(9) Unless otherwise provided in the durable power of
attorney, the principal may revoke the agent's appointment as
provided under other state law. [2003 c 283 § 10.]
71.32.110
71.32.110 Determination of capacity. (1) For the purposes of this chapter, a principal, agent, professional person,
or health care provider may seek a determination whether the
principal is incapacitated or has regained capacity.
(2)(a) For the purposes of this chapter, no adult may be
declared an incapacitated person except by:
(i) A court, if the request is made by the principal or the
principal's agent;
(ii) One mental health professional and one health care
provider; or
(iii) Two health care providers.
(b) One of the persons making the determination under
(a)(ii) or (iii) of this subsection must be a psychiatrist, psychologist, or a psychiatric advanced registered nurse practitioner.
(3) When a professional person or health care provider
requests a capacity determination, he or she shall promptly
inform the principal that:
[2003 RCW Supp—page 856]
(a) A request for capacity determination has been made;
and
(b) The principal may request that the determination be
made by a court.
(4) At least one mental health professional or health care
provider must personally examine the principal prior to making a capacity determination.
(5)(a) When a court makes a determination whether a
principal has capacity, the court shall, at a minimum, be
informed by the testimony of one mental health professional
familiar with the principal and shall, except for good cause,
give the principal an opportunity to appear in court prior to
the court making its determination.
(b) To the extent that local court rules permit, any party
or witness may testify telephonically.
(6) When a court has made a determination regarding a
principal's capacity and there is a subsequent change in the
principal's condition, subsequent determinations whether the
principal is incapacitated may be made in accordance with
any of the provisions of subsection (2) of this section. [2003
c 283 § 11.]
71.32.120
71.32.120 Action to contest directive. A principal may
bring an action to contest the validity of his or her directive.
If an action under this section is commenced while an action
to determine the principal's capacity is pending, the court
shall consolidate the actions and decide the issues simultaneously. [2003 c 283 § 12.]
71.32.130
71.32.130 Determination of capacity—Reevaluations
of capacity. (1) An initial determination of capacity must be
completed within forty-eight hours of a request made by a
person authorized in RCW 71.32.110. During the period
between the request for an initial determination of the principal's capacity and completion of that determination, the principal may not be treated unless he or she consents at the time
or treatment is otherwise authorized by state or federal law.
(2)(a)(i) When an incapacitated principal is admitted to
inpatient treatment pursuant to the provisions of his or her
directive, his or her capacity must be reevaluated within seventy-two hours or when there has been a change in the principal's condition that indicates that he or she appears to have
regained capacity, whichever occurs first.
(ii) When an incapacitated principal has been admitted to
and remains in inpatient treatment for more than seventy-two
hours pursuant to the provisions of his or her directive, the
principal's capacity must be reevaluated when there has been
a change in his or her condition that indicates that he or she
appears to have regained capacity.
(iii) When a principal who is being treated on an inpatient basis and has been determined to be incapacitated
requests, or his or her agent requests, a redetermination of the
principal's capacity the redetermination must be made within
seventy-two hours.
(b) When a principal who has been determined to be
incapacitated is being treated on an outpatient basis and there
is a request for a redetermination of his or her capacity, the
redetermination must be made within five days of the first
request following a determination.
(3)(a) When a principal who has appointed an agent for
mental health treatment decisions requests a determination or
Mental Health Advance Directives
redetermination of capacity, the agent must make reasonable
efforts to obtain the determination or redetermination.
(b) When a principal who does not have an agent for
mental health treatment decisions is being treated in an inpatient facility and requests a determination or redetermination
of capacity, the mental health professional or health care provider must complete the determination or, if the principal is
seeking a determination from a court, must make reasonable
efforts to notify the person authorized to make decisions for
the principal under RCW 7.70.065 of the principal's request.
(c) When a principal who does not have an agent for
mental health treatment decisions is being treated on an outpatient basis, the person requesting a capacity determination
must arrange for the determination.
(4) If no determination has been made within the time
frames established in subsection (1) or (2) of this section, the
principal shall be considered to have capacity.
(5) When an incapacitated principal is being treated pursuant to his or her directive, a request for a redetermination of
capacity does not prevent treatment. [2003 c 283 § 13.]
71.32.140
71.32.140 Refusal of admission to inpatient treatment—Effect of directive. (1) A principal who:
(a) Chose not to be able to revoke his or her directive
during any period of incapacity;
(b) Consented to voluntary admission to inpatient mental
health treatment, or authorized an agent to consent on the
principal's behalf; and
(c) At the time of admission to inpatient treatment,
refuses to be admitted,
may only be admitted into inpatient mental health treatment
under subsection (2) of this section.
(2) A principal may only be admitted to inpatient mental
health treatment under his or her directive if, prior to admission, a physician member of the treating facility's professional staff:
(a) Evaluates the principal's mental condition, including
a review of reasonably available psychiatric and psychological history, diagnosis, and treatment needs, and determines,
in conjunction with another health care provider or mental
health professional, that the principal is incapacitated;
(b) Obtains the informed consent of the agent, if any,
designated in the directive;
(c) Makes a written determination that the principal
needs an inpatient evaluation or is in need of inpatient treatment and that the evaluation or treatment cannot be accomplished in a less restrictive setting; and
(d) Documents in the principal's medical record a summary of the physician's findings and recommendations for
treatment or evaluation.
(3) In the event the admitting physician is not a psychiatrist, the principal shall receive a complete psychological
assessment by a mental health professional within twentyfour hours of admission to determine the continued need for
inpatient evaluation or treatment.
(4)(a) If it is determined that the principal has capacity,
then the principal may only be admitted to, or remain in,
inpatient treatment if he or she consents at the time or is
detained under the involuntary treatment provisions of chapter 70.96A, 71.05, or 71.34 RCW.
71.32.150
(b) If a principal who is determined by two health care
providers or one mental health professional and one health
care provider to be incapacitated continues to refuse inpatient
treatment, the principal may immediately seek injunctive
relief for release from the facility.
(5) If, at the end of the period of time that the principal or
the principal's agent, if any, has consented to voluntary inpatient treatment, but no more than fourteen days after admission, the principal has not regained capacity or has regained
capacity but refuses to consent to remain for additional treatment, the principal must be released during reasonable daylight hours, unless detained under chapter 70.96A, 71.05, or
71.34 RCW.
(6)(a) Except as provided in (b) of this subsection, any
principal who is voluntarily admitted to inpatient mental
health treatment under this chapter shall have all the rights
provided to individuals who are voluntarily admitted to inpatient treatment under chapter 71.05, 71.34, or 72.23 RCW.
(b) Notwithstanding RCW 71.05.050 regarding consent
to inpatient treatment for a specified length of time, the
choices an incapacitated principal expressed in his or her
directive shall control, provided, however, that a principal
who takes action demonstrating a desire to be discharged, in
addition to making statements requesting to be discharged,
shall be discharged, and no principal shall be restrained in
any way in order to prevent his or her discharge.
(7) Consent to inpatient admission in a directive is effective only while the professional person, health care provider,
and health care facility are in substantial compliance with the
material provisions of the directive related to inpatient treatment. [2003 c 283 § 14.]
71.32.150
71.32.150 Compliance with directive—Conditions
for noncompliance. (1) Upon receiving a directive, a health
care provider, professional person, or health care facility providing treatment to the principal, or persons acting under the
direction of the health care provider, professional person, or
health care facility, shall make the directive a part of the principal's medical record and shall be deemed to have actual
knowledge of the directive's contents.
(2) When acting under authority of a directive, a health
care provider, professional person, or health care facility
shall act in accordance with the provisions of the directive to
the fullest extent possible, unless in the determination of the
health care provider, professional person, or health care facility:
(a) Compliance with the provision would violate the
accepted standard of care established in RCW 7.70.040;
(b) The requested treatment is not available;
(c) Compliance with the provision would violate applicable law; or
(d) It is an emergency situation and compliance would
endanger any person's life or health.
(3)(a) In the case of a principal committed or detained
under the involuntary treatment provisions of chapter 10.77,
70.96A, 71.05, 71.09, or 71.34 RCW, those provisions of a
principal's directive that, in the determination of the health
care provider, professional person, or health care facility, are
inconsistent with the purpose of the commitment or with any
order of the court relating to the commitment are invalid during the commitment.
[2003 RCW Supp—page 857]
71.32.160
Title 71 RCW: Mental Illness
(b) Remaining provisions of a principal's directive are
advisory while the principal is committed or detained.
The treatment provider is encouraged to follow the
remaining provisions of the directive, except as provided in
(a) of this subsection or subsection (2) of this section.
(4) In the case of a principal who is incarcerated or committed in a state or local correctional facility, provisions of
the principal's directive that are inconsistent with reasonable
penological objectives or administrative hearings regarding
involuntary medication are invalid during the period of incarceration or commitment. In addition, treatment may be given
despite refusal of the principal or the provisions of the directive: (a) For any reason under subsection (2) of this section;
or (b) if, without the benefit of the specific treatment measure, there is a significant possibility that the person will
harm self or others before an improvement of the person's
condition occurs.
(5)(a) If the health care provider, professional person, or
health care facility is, at the time of receiving the directive,
unable or unwilling to comply with any part or parts of the
directive for any reason, the health care provider, professional person, or health care facility shall promptly notify the
principal and, if applicable, his or her agent and shall document the reason in the principal's medical record.
(b) If the health care provider, professional person, or
health care facility is acting under authority of a directive and
is unable to comply with any part or parts of the directive for
the reasons listed in subsection (2) or (3) of this section, the
health care provider, professional person, or health care facility shall promptly notify the principal and if applicable, his or
her agent, and shall document the reason in the principal's
medical record.
(6) In the event that one or more parts of the directive are
not followed because of one or more of the reasons set forth
in subsection (2) or (4) of this section, all other parts of the
directive shall be followed.
(7) If no provider-patient relationship has previously
been established, nothing in this chapter requires the establishment of a provider-patient relationship. [2003 c 283 §
15.]
71.32.160
71.32.160 Electroconvulsive therapy. Where a principal consents in a directive to electroconvulsive therapy, the
health care provider, professional person, or health care facility, or persons acting under the direction of the health care
provider, professional person, or health care facility, shall
document the therapy and the reason it was used in the principal's medical record. [2003 c 283 § 16.]
(a) The provider provides treatment to a principal in the
absence of actual knowledge of the existence of a directive,
or provides treatment pursuant to a directive in the absence of
actual knowledge of the revocation of the directive;
(b) A health care provider or mental health professional
determines that the principal is or is not incapacitated for the
purpose of deciding whether to proceed according to a directive, and acts upon that determination;
(c) The provider administers or does not administer mental health treatment according to the principal's directive in
good faith reliance upon the validity of the directive and the
directive is subsequently found to be invalid;
(d) The provider does not provide treatment according to
the directive for one of the reasons authorized under RCW
71.32.150; or
(e) The provider provides treatment according to the
principal's directive. [2003 c 283 § 17.]
71.32.180
71.32.180 Multiple directives, agents—Effect—Disclosure of court orders. (1) Where an incapacitated principal has executed more than one valid directive and has not
revoked any of the directives:
(a) The directive most recently created shall be treated as
the principal's mental health treatment preferences and
instructions as to any inconsistent or conflicting provisions,
unless provided otherwise in either document.
(b) Where a directive executed under this chapter is
inconsistent with a directive executed under any other chapter, the most recently created directive controls as to the
inconsistent provisions.
(2) Where an incapacitated principal has appointed more
than one agent under chapter ll.94 RCW with authority to
make mental health treatment decisions, RCW 11.94.010
controls.
(3) The treatment provider shall inquire of a principal
whether the principal is subject to any court orders that would
affect the implementation of his or her directive. [2003 c 283
§ 18.]
71.32.190
71.32.190 Preexisting, foreign directives—Validity.
(1) Directives validly executed before July 27, 2003, shall be
given full force and effect until revoked, superseded, or
expired.
(2) A directive validly executed in another political jurisdiction is valid to the extent permitted by Washington state
law. [2003 c 283 § 19.]
71.32.200
71.32.170
71.32.170 Providers—Immunity from liability—
Conditions. (1) For the purposes of this section, "provider"
means a private or public agency, government entity, health
care provider, professional person, health care facility, or person acting under the direction of a health care provider or
professional person, health care facility, or long-term care
facility.
(2) A provider is not subject to civil liability or sanctions
for unprofessional conduct under the uniform disciplinary
act, chapter 18.130 RCW, when in good faith and without
negligence:
[2003 RCW Supp—page 858]
71.32.200 Fraud, duress, undue influence—Appointment of guardian. Any person with reasonable cause to
believe that a directive has been created or revoked under circumstances amounting to fraud, duress, or undue influence
may petition the court for appointment of a guardian for the
person or to review the actions of the agent or person alleged
to be involved in improper conduct under RCW 11.94.090 or
74.34.110. [2003 c 283 § 20.]
71.32.210
71.32.210 Execution of directive not evidence of mental disorder or lack of capacity. The fact that a person has
executed a directive does not constitute an indication of men-
Mental Health Advance Directives
tal disorder or that the person is not capable of providing
informed consent. [2003 c 283 § 21.]
71.32.220
71.32.220 Requiring directive prohibited. A person
shall not be required to execute or to refrain from executing a
directive, nor shall the existence of a directive be used as a
criterion for insurance, as a condition for receiving mental or
physical health services, or as a condition of admission to or
discharge from a health care facility or long-term care facility. [2003 c 283 § 22.]
71.32.230
71.32.230 Coercion, threats prohibited. No person or
health care facility may use or threaten abuse, neglect, financial exploitation, or abandonment of the principal, as those
terms are defined in RCW 74.34.020, to carry out the directive. [2003 c 283 § 23.]
71.32.240
71.32.240 Other authority not limited. A directive
does not limit any authority otherwise provided in Title 10,
70, or 71 RCW, or any other applicable state or federal laws
to detain a person, take a person into custody, or to admit,
retain, or treat a person in a health care facility. [2003 c 283
§ 24.]
71.32.250
71.32.250 Long-term care facility residents—Readmission after inpatient mental health treatment—Evaluation, report to legislature. (1) If a principal who is a resident of a long-term care facility is admitted to inpatient mental health treatment pursuant to his or her directive, the
principal shall be allowed to be readmitted to the same longterm care facility as if his or her inpatient admission had been
for a physical condition on the same basis that the principal
71.32.260
would be readmitted under state or federal statute or rule
when:
(a) The treating facility's professional staff determine
that inpatient mental health treatment is no longer medically
necessary for the resident. The determination shall be made
in writing by a psychiatrist or by a mental health professional
and a physician; or
(b) The person's consent to admission in his or her directive has expired.
(2)(a) If the long-term care facility does not have a bed
available at the time of discharge, the treating facility may
discharge the resident, in consultation with the resident and
agent if any, and in accordance with a medically appropriate
discharge plan, to another long-term care facility.
(b) This section shall apply to inpatient mental health
treatment admission of long-term care facility residents,
regardless of whether the admission is directly from a facility, hospital emergency room, or other location.
(c) This section does not restrict the right of the resident
to an earlier release from the inpatient treatment facility.
This section does not restrict the right of a long-term care
facility to initiate transfer or discharge of a resident who is
readmitted pursuant to this section, provided that the facility
has complied with the laws governing the transfer or discharge of a resident.
(3) The joint legislative audit and review committee shall
conduct an evaluation of the operation and impact of this section. The committee shall report its findings to the appropriate committees of the legislature by December 1, 2004.
[2003 c 283 § 25.]
71.32.260
71.32.260 Form. The directive shall be in substantially
the following form:
Mental Health Advance Directive
NOTICE TO PERSONS
CREATING A MENTAL HEALTH ADVANCE DIRECTIVE
This is an important legal document. It creates an advance directive for mental health treatment. Before signing this document
you should know these important facts:
(1) This document is called an advance directive and allows you to make decisions in advance about your mental health treatment, including medications, short-term admission to inpatient treatment and electroconvulsive therapy.
YOU DO NOT HAVE TO FILL OUT OR SIGN THIS FORM.
IF YOU DO NOT SIGN THIS FORM, IT WILL NOT TAKE EFFECT.
If you choose to complete and sign this document, you may still decide to leave some items blank.
(2) You have the right to appoint a person as your agent to make treatment decisions for you. You must notify your agent that
you have appointed him or her as an agent. The person you appoint has a duty to act consistently with your wishes made
known by you. If your agent does not know what your wishes are, he or she has a duty to act in your best interest. Your
agent has the right to withdraw from the appointment at any time.
(3) The instructions you include with this advance directive and the authority you give your agent to act will only become
effective under the conditions you select in this document. You may choose to limit this directive and your agent's authority to times when you are incapacitated or to times when you are exhibiting symptoms or behavior that you specify. You
may also make this directive effective immediately. No matter when you choose to make this directive effective, your
treatment providers must still seek your informed consent at all times that you have capacity to give informed consent.
(4) You have the right to revoke this document in writing at any time you have capacity.
YOU MAY NOT REVOKE THIS DIRECTIVE WHEN YOU HAVE BEEN FOUND TO BE
INCAPACITATED UNLESS YOU HAVE SPECIFICALLY STATED IN THIS DIRECTIVE THAT
YOU WANT IT TO BE REVOCABLE WHEN YOU ARE INCAPACITATED.
[2003 RCW Supp—page 859]
71.32.260
Title 71 RCW: Mental Illness
(5) This directive will stay in effect until you revoke it unless you specify an expiration date. If you specify an expiration date
and you are incapacitated at the time it expires, it will remain in effect until you have capacity to make treatment decisions
again unless you chose to be able to revoke it while you are incapacitated and you revoke the directive.
(6) You cannot use your advance directive to consent to civil commitment. The procedures that apply to your advance directive are different than those provided for in the Involuntary Treatment Act. Involuntary treatment is a different process.
(7) If there is anything in this directive that you do not understand, you should ask a lawyer to explain it to you.
(8) You should be aware that there are some circumstances where your provider may not have to follow your directive.
(9) You should discuss any treatment decisions in your directive with your provider.
(10) You may ask the court to rule on the validity of your directive.
PART I.
STATEMENT OF INTENT TO CREATE A
MENTAL HEALTH ADVANCE DIRECTIVE
I, . . . . . . . . . . being a person with capacity, willfully and voluntarily execute this mental health advance directive so that
my choices regarding my mental health care will be carried out in circumstances when I am unable to express my instructions
and preferences regarding my mental health care. If a guardian is appointed by a court to make mental health decisions for me,
I intend this document to take precedence over all other means of ascertaining my intent.
The fact that I may have left blanks in this directive does not affect its validity in any way. I intend that all completed sections be followed. If I have not expressed a choice, my agent should make the decision that he or she determines is in my best
interest. I intend this directive to take precedence over any other directives I have previously executed, to the extent that they
are inconsistent with this document, or unless I expressly state otherwise in either document.
I understand that I may revoke this directive in whole or in part if I am a person with capacity. I understand that I cannot
revoke this directive if a court, two health care providers, or one mental health professional and one health care provider find
that I am an incapacitated person, unless, when I executed this directive, I chose to be able to revoke this directive while incapacitated.
I understand that, except as otherwise provided in law, revocation must be in writing. I understand that nothing in this
directive, or in my refusal of treatment to which I consent in this directive, authorizes any health care provider, professional
person, health care facility, or agent appointed in this directive to use or threaten to use abuse, neglect, financial exploitation,
or abandonment to carry out my directive.
I understand that there are some circumstances where my provider may not have to follow my directive.
PART II.
WHEN THIS DIRECTIVE IS EFFECTIVE
YOU MUST COMPLETE THIS PART FOR YOUR DIRECTIVE TO BE VALID.
I intend that this directive become effective (YOU MUST CHOOSE ONLY ONE):
. . . . . . Immediately upon my signing of this directive.
. . . . . . If I become incapacitated.
. . . . . . When the following circumstances, symptoms, or behaviors occur: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
..........................................................................................
PART III.
DURATION OF THIS DIRECTIVE
YOU MUST COMPLETE THIS PART FOR YOUR DIRECTIVE TO BE VALID.
I want this directive to (YOU MUST CHOOSE ONLY ONE):
. . . . . . Remain valid and in effect for an indefinite period of time.
. . . . . . Automatically expire . . . . . . years from the date it was created.
PART IV.
WHEN I MAY REVOKE THIS DIRECTIVE
YOU MUST COMPLETE THIS PART FOR THIS DIRECTIVE TO BE VALID.
I intend that I be able to revoke this directive (YOU MUST CHOOSE ONLY ONE):
. . . . . . Only when I have capacity.
I understand that choosing this option means I may only revoke this directive if I have capacity. I further understand that
if I choose this option and become incapacitated while this directive is in effect, I may receive treatment that I specify
in this directive, even if I object at the time.
[2003 RCW Supp—page 860]
Mental Health Advance Directives
71.32.260
. . . . . . Even if I am incapacitated.
I understand that choosing this option means that I may revoke this directive even if I am incapacitated. I further understand that if I choose this option and revoke this directive while I am incapacitated I may not receive treatment that I
specify in this directive, even if I want the treatment.
PART V.
PREFERENCES AND INSTRUCTIONS ABOUT TREATMENT, FACILITIES, AND PHYSICIANS
A. Preferences and Instructions About Physician(s) to be Involved in My Treatment
I would like the physician(s) named below to be involved in my treatment decisions:
Dr. . . . . . . . . . . . . . . . . Contact information:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dr. . . . . . . . . . . . . . . . . Contact information:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I do not wish to be treated by Dr. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B. Preferences and Instructions About Other Providers
I am receiving other treatment or care from providers who I feel have an impact on my mental health care. I would like the
following treatment provider(s) to be contacted when this directive is effective:
Name . . . . . . . . . . . . . . . . . . . . Profession . . . . . . . . . . . . . . . . . . . . Contact information. . . . . . . . . . . . . . . . . . . .
Name . . . . . . . . . . . . . . . . . . . . Profession . . . . . . . . . . . . . . . . . . . . Contact information. . . . . . . . . . . . . . . . . . . .
C. Preferences and Instructions About Medications for Psychiatric Treatment (initial and complete all that apply)
. . . . . . I consent, and authorize my agent (if appointed) to consent, to the following
medications: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . I do not consent, and I do not authorize my agent (if appointed) to consent, to the administration of the following medications:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . I am willing to take the medications excluded above if my only reason for excluding them is the side effects which
include. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and these side effects can be eliminated by dosage adjustment or other means
. . . . . . I am willing to try any other medication the hospital doctor recommends
. . . . . . I am willing to try any other medications my outpatient doctor recommends
. . . . . . I do not want to try any other medications.
Medication Allergies
I have allergies to, or severe side effects from, the following: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
Other Medication Preferences or Instructions
. . . . . . I have the following other preferences or instructions about medications . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
D. Preferences and Instructions About Hospitalization and Alternatives
(initial all that apply and, if desired, rank "1" for first choice, "2" for second choice, and so on)
. . . . . . In the event my psychiatric condition is serious enough to require 24-hour care and I have no physical conditions that
require immediate access to emergency medical care, I prefer to receive this care in programs/facilities designed as alternatives
to psychiatric hospitalizations.
. . . . . . I would also like the interventions below to be tried before hospitalization is considered:
. . . . . . Calling someone or having someone call me when needed.
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . .
Telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . Staying overnight with someone
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . .
Telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . Having a mental health service provider come to see me
. . . . . . Going to a crisis triage center or emergency room
. . . . . . Staying overnight at a crisis respite (temporary) bed
. . . . . . Seeing a service provider for help with psychiatric medications
. . . . . . Other, specify: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Authority to Consent to Inpatient Treatment
I consent, and authorize my agent (if appointed) to consent, to voluntary admission to inpatient mental health treatment for . .
. . . . days (not to exceed 14 days)
(Sign one):
[2003 RCW Supp—page 861]
71.32.260
Title 71 RCW: Mental Illness
. . . . . . If deemed appropriate by my agent (if appointed) and treating physician
..................................
(Signature)
or
. . . . . . Under the following circumstances (specify symptoms, behaviors, or circumstances that indicate the need for hospitalization) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..................................
(Signature)
. . . . . . I do not consent, or authorize my agent (if appointed) to consent, to inpatient treatment
..................................
(Signature)
Hospital Preferences and Instructions
If hospitalization is required, I prefer the following hospitals: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I do not consent to be admitted to the following hospitals: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E. Preferences and Instructions About Preemergency
I would like the interventions below to be tried before use of seclusion or restraint is considered
(initial all that apply):
. . . . . . "Talk me down" one-on-one
. . . . . . More medication
. . . . . . Time out/privacy
. . . . . . Show of authority/force
. . . . . . Shift my attention to something else
. . . . . . Set firm limits on my behavior
. . . . . . Help me to discuss/vent feelings
. . . . . . Decrease stimulation
. . . . . . Offer to have neutral person settle dispute
. . . . . . Other, specify . . . . . . . . . . . . . . . . . . .
F. Preferences and Instructions About Seclusion, Restraint, and Emergency Medications
If it is determined that I am engaging in behavior that requires seclusion, physical restraint, and/or emergency use of medication, I prefer these interventions in the order I have chosen (choose "1" for first choice, "2" for second choice, and so on):
. . . . . . Seclusion
. . . . . . Seclusion and physical restraint (combined)
. . . . . . Medication by injection
. . . . . . Medication in pill or liquid form
In the event that my attending physician decides to use medication in response to an emergency situation after due consideration of my preferences and instructions for emergency treatments stated above, I expect the choice of medication to reflect
any preferences and instructions I have expressed in Part III C of this form. The preferences and instructions I express in this
section regarding medication in emergency situations do not constitute consent to use of the medication for nonemergency
treatment.
G. Preferences and Instructions About Electroconvulsive Therapy
(ECT or Shock Therapy)
My wishes regarding electroconvulsive therapy are (sign one):
. . . . . . I do not consent, nor authorize my agent (if appointed) to consent, to the administration of electroconvulsive therapy
..................................
(Signature)
. . . . . . I consent, and authorize my agent (if appointed) to consent, to the administration of electroconvulsive therapy
..................................
(Signature)
. . . . . . I consent, and authorize my agent (if appointed) to consent, to the administration of electroconvulsive therapy, but only
under the following conditions: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
[2003 RCW Supp—page 862]
Mental Health Advance Directives
71.32.260
..................................
(Signature)
H. Preferences and Instructions About Who is Permitted to Visit
If I have been admitted to a mental health treatment facility, the following people are not permitted to visit me there:
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I understand that persons not listed above may be permitted to visit me.
I. Additional Instructions About My Mental Health Care
Other instructions about my mental health care: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
In case of emergency, please contact:
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Work telephone: . . . . . . . . . . . . . . . . . . . . . . .
Home telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Physician: . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The following may help me to avoid a hospitalization: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
I generally react to being hospitalized as follows: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
Staff of the hospital or crisis unit can help me by doing the following: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
..........................................................................................
J. Refusal of Treatment
I do not consent to any mental health treatment.
..................................
(Signature)
PART VI.
DURABLE POWER OF ATTORNEY (APPOINTMENT OF MY AGENT)
(Fill out this part only if you wish to appoint an agent or nominate a guardian.)
I authorize an agent to make mental health treatment decisions on my behalf. The authority granted to my agent includes
the right to consent, refuse consent, or withdraw consent to any mental health care, treatment, service, or procedure, consistent
with any instructions and/or limitations I have set forth in this directive. I intend that those decisions should be made in accordance with my expressed wishes as set forth in this document. If I have not expressed a choice in this document and my agent
does not otherwise know my wishes, I authorize my agent to make the decision that my agent determines is in my best interest. This agency shall not be affected by my incapacity. Unless I state otherwise in this durable power of attorney, I may
revoke it unless prohibited by other state law.
A. Designation of an Agent
I appoint the following person as my agent to make mental health treatment decisions for me as authorized in this document and request that this person be notified immediately when this directive becomes effective:
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Work telephone: . . . . . . . . . . . . . . . . . . . . . . .
Home telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Relationship: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B. Designation of Alternate Agent
If the person named above is unavailable, unable, or refuses to serve as my agent, or I revoke that person's authority to serve
as my agent, I hereby appoint the following person as my alternate agent and request that this person be notified immediately
when this directive becomes effective or when my original agent is no longer my agent:
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Work telephone: . . . . . . . . . . . . . . . . . . . . . . .
Home telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Relationship: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C. When My Spouse is My Agent (initial if desired)
[2003 RCW Supp—page 863]
71.32.260
Title 71 RCW: Mental Illness
. . . . . . If my spouse is my agent, that person shall remain my agent even if we become legally separated or our marriage is
dissolved, unless there is a court order to the contrary or I have remarried.
D. Limitations on My Agent's Authority
I do not grant my agent the authority to consent on my behalf to the following:
..........................................................................................
..........................................................................................
E. Limitations on My Ability to Revoke this Durable Power of Attorney
I choose to limit my ability to revoke this durable power of attorney as follows:
..........................................................................................
..........................................................................................
F. Preference as to Court-Appointed Guardian
In the event a court appoints a guardian who will make decisions regarding my mental health treatment, I nominate the following person as my guardian:
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Work telephone: . . . . . . . . . . . . . . . . . . . . . . .
Home telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Relationship: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The appointment of a guardian of my estate or my person or any other decision maker shall not give the guardian or decision
maker the power to revoke, suspend, or terminate this directive or the powers of my agent, except as authorized by law.
..................................
(Signature required if nomination is made)
PART VII.
OTHER DOCUMENTS
(Initial all that apply)
I have executed the following documents that include the power to make decisions regarding health care services for myself:
. . . . . . Health care power of attorney (chapter 11.94 RCW)
. . . . . . "Living will" (Health care directive; chapter 70.122 RCW)
. . . . . . I have appointed more than one agent. I understand that the most recently appointed agent controls except as stated
below:
..........................................................................................
PART VIII.
NOTIFICATION OF OTHERS AND CARE OF PERSONAL AFFAIRS
(Fill out this part only if you wish to provide nontreatment instructions.)
I understand the preferences and instructions in this part are NOT the responsibility of my treatment provider and that no treatment provider is required to act on them.
A. Who Should Be Notified
I desire my agent to notify the following individuals as soon as possible when this directive becomes effective:
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Day telephone: . . . . . . . . . . . . . . . . . . . . . . . .
Evening telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Day telephone: . . . . . . . . . . . . . . . . . . . . . . . .
Evening telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B. Preferences or Instructions About Personal Affairs
I have the following preferences or instructions about my personal affairs (e.g., care of dependents, pets, household) if I am
admitted to a mental health treatment facility:
..........................................................................................
..........................................................................................
C. Additional Preferences and Instructions:
..........................................................................................
..........................................................................................
..........................................................................................
..........................................................................................
[2003 RCW Supp—page 864]
Mental Health Advance Directives
71.32.901
PART IX.
SIGNATURE
By signing here, I indicate that I understand the purpose and effect of this document and that I am giving my informed
consent to the treatments and/or admission to which I have consented or authorized my agent to consent in this directive. I
intend that my consent in this directive be construed as being consistent with the elements of informed consent under chapter
7.70 RCW.
Signature: . . . . . . . . . . . . . . . . . . . . . . . . .
Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Printed Name: . . . . . . . . . . . . . . . . . . . . .
This directive was signed and declared by the "Principal," to be his or her directive, in our presence who, at his or her request,
have signed our names below as witnesses. We declare that, at the time of the creation of this instrument, the Principal is personally known to us, and, according to our best knowledge and belief, has capacity at this time and does not appear to be acting
under duress, undue influence, or fraud. We further declare that none of us is:
(A) A person designated to make medical decisions on the principal's behalf;
(B) A health care provider or professional person directly involved with the provision of care to the principal at the time
the directive is executed;
(C) An owner, operator, employee, or relative of an owner or operator of a health care facility or long-term care facility in
which the principal is a patient or resident;
(D) A person who is related by blood, marriage, or adoption to the person, or with whom the principal has a dating relationship as defined in RCW 26.50.010;
(E) An incapacitated person;
(F) A person who would benefit financially if the principal undergoes mental health treatment; or
(G) A minor.
Witness 1: Signature: . . . . . . . . . . . . . . . . . . .
Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Printed Name: . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . Telephone:
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Witness 2: Signature: . . . . . . . . . . . . . . . . . . .
Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Printed Name: . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . Telephone:
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART X.
RECORD OF DIRECTIVE
I have given a copy of this directive to the following persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
DO NOT FILL OUT PART XI UNLESS YOU INTEND TO REVOKE
THIS DIRECTIVE IN PART OR IN WHOLE
PART XI.
REVOCATION OF THIS DIRECTIVE
(Initial any that apply):
. . . . . . I am revoking the following part(s) of this directive (specify): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
. . . . . . I am revoking all of this directive.
By signing here, I indicate that I understand the purpose and effect of my revocation and that no person is bound by any
revoked provision(s). I intend this revocation to be interpreted as if I had never completed the revoked provision(s).
Signature: . . . . . . . . . . . . . . . . . . . . . . . . .
Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Printed Name: . . . . . . . . . . . . . . . . . . . . .
DO NOT SIGN THIS PART UNLESS YOU INTEND TO REVOKE THIS
DIRECTIVE IN PART OR IN WHOLE
[2003 c 283 § 26.]
provision to other persons or circumstances is not affected.
[2003 c 283 § 35.]
71.32.900
71.32.900 Severability—2003 c 283. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
71.32.901
71.32.901 Part headings not law—2003 c 283. Part
headings used in this act are not any part of the law. [2003 c
283 § 38.]
[2003 RCW Supp—page 865]
Chapter 71.34
Title 71 RCW: Mental Illness
Chapter 71.34 RCW
MENTAL HEALTH SERVICES FOR MINORS
Chapter 71.34
Sections
71.34.046
71.34.056
Minor voluntarily admitted may give notice to leave at any
time.
Parent-initiated treatment—Notice to parents of available
treatment options.
71.34.046
71.34.046 Minor voluntarily admitted may give
notice to leave at any time. (1) Any minor thirteen years or
older voluntarily admitted to an evaluation and treatment
facility under RCW 71.34.042 may give notice of intent to
leave at any time. The notice need not follow any specific
form so long as it is written and the intent of the minor can be
discerned.
(2) The staff member receiving the notice shall date it
immediately, record its existence in the minor's clinical
record, and send copies of it to the minor's attorney, if any,
the county-designated mental health professional, and the
parent.
(3) The professional person shall discharge the minor,
thirteen years or older, from the facility by the second judicial
day following receipt of the minor's notice of intent to leave.
[2003 c 106 § 1; 1998 c 296 § 16.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
71.34.056
71.34.056 Parent-initiated treatment—Notice to parents of available treatment options. (1) The evaluation and
treatment facility is required to promptly provide written and
verbal notice of all statutorily available treatment options
contained in this chapter to every parent or guardian of a
minor child when the parent or guardian seeks to have his or
her minor child treated at an evaluation and treatment facility.
(2) The notice must contain the following information:
(a) All current statutorily available treatment options
including but not limited to those provided in this chapter;
and
(b) The procedures to be followed to utilize the treatment
options described in this chapter.
(3) The department shall produce, and make available,
the written notification that must include, at a minimum, the
information contained in subsection (2) of this section. [2003
c 107 § 1.]
Chapter 71.36 RCW
COORDINATION OF CHILDREN'S MENTAL
HEALTH SERVICES
Chapter 71.36
Sections
71.36.020
71.36.040
71.36.050
Plan for early periodic screening, diagnosis, and treatment services.
Issue identification, data collection, plan revision—Coordination with other state agencies.
Report on implementation status. (Expires June 30, 2006.)
71.36.020
71.36.020 Plan for early periodic screening, diagnosis, and treatment services. The department, in consultation
with the office of financial management, shall develop a plan
and criteria for the use of early periodic screening, diagnosis,
and treatment services related to mental health that includes
at least the following components:
[2003 RCW Supp—page 866]
(1) Criteria for screening and assessment of mental illness and emotional disturbance;
(2) Criteria for determining the appropriate level of medically necessary services a child receives, including but not
limited to development of a multidisciplinary plan of care
when appropriate, and prior authorization for receipt of mental health services;
(3) Qualifications for children's mental health providers;
(4) Other cost control mechanisms, such as managed
care arrangements and prospective or capitated payments for
mental health services; and
(5) Mechanisms to ensure that federal medicaid matching funds are obtained for services, to the greatest extent
practicable.
In developing the plan, the department shall provide an
opportunity for comment by the major child-serving systems
and regional support networks. The plan shall be submitted
to appropriate committees of the legislature on or before
December 1, 2003. [2003 c 281 § 4; 1991 c 326 § 13.]
Legislative support affirmed—2003 c 281: See note following RCW
71.36.040.
71.36.040
71.36.040 Issue identification, data collection, plan
revision—Coordination with other state agencies. (1) The
legislature supports recommendations made in the August
2002 study of the public mental health system for children
conducted by the joint legislative audit and review committee.
(2) The department shall, within available funds:
(a) Identify internal business operation issues that limit
the agency's ability to meet legislative intent to coordinate
existing categorical children's mental health programs and
funding;
(b) Collect reliable mental health cost, service, and outcome data specific to children. This information must be
used to identify best practices and methods of improving fiscal management;
(c) Revise the early periodic screening diagnosis and
treatment plan to reflect the mental health system structure in
place on July 27, 2003, and thereafter revise the plan as necessary to conform to subsequent changes in the structure.
(3) The department and the office of the superintendent
of public instruction shall jointly identify school districts
where mental health and education systems coordinate services and resources to provide public mental health care for
children. The department and the office of the superintendent
of public instruction shall work together to share information
about these approaches with other school districts, regional
support networks, and state agencies. [2003 c 281 § 2.]
Legislative support affirmed—2003 c 281: "The legislature affirms
its support for: Improving field-level cross-program collaboration and efficiency; collecting reliable mental health cost, service, and outcome data specific to children; revising the early periodic screening diagnosis and treatment plan to reflect the current mental health system structure; and identifying and promulgating the approaches used in school districts where mental
health and education systems coordinate services and resources to provide
public mental health care for children." [2003 c 281 § 1.]
71.36.050
71.36.050 Report on implementation status. (Expires
June 30, 2006.) (1) In addition to any follow-up requirements recommended by the joint legislative audit and review
committee, the department of social and health services shall
State Institutions
submit a report to the governor and the legislature on the status of the implementation of the recommendations provided
in RCW 71.36.040(2) (a) through (c) and, in coordination
with the office of the superintendent of public instruction, on
RCW 71.36.040(3). An initial implementation status report
must be submitted to the governor and appropriate policy and
fiscal committees of the legislature by June 1, 2004. A final
report shall be provided no later than June 1, 2006.
(2) This section expires June 30, 2006. [2003 c 281 § 3.]
Legislative support affirmed—2003 c 281: See note following RCW
71.36.040.
Title 72
Title 72
STATE INSTITUTIONS
Chapters
72.09 Department of corrections.
72.11 Offenders' responsibility for legal financial obligations.
72.23 Public and private facilities for mentally ill.
72.63 Prison work programs—Fish and game.
Chapter 72.09
Chapter 72.09 RCW
DEPARTMENT OF CORRECTIONS
Sections
72.09.111
72.09.480
72.09.111
Inmate wages—Deductions—Availability of savings—
Recovery of cost of incarceration—Employment goals.
Inmate funds subject to deductions—Definitions—Exceptions—Child support collection actions.
72.09.111 Inmate wages—Deductions—Availability
of savings—Recovery of cost of incarceration—Employment goals. (1) The secretary shall deduct taxes and legal
financial obligations from the gross wages, gratuities, or
workers' compensation benefits payable directly to the
inmate under chapter 51.32 RCW, of each inmate working in
correctional industries work programs, or otherwise receiving such wages, gratuities, or benefits. The secretary shall
also deduct child support payments from the gratuities of
each inmate working in class II through class IV correctional
industries work programs. The secretary shall develop a formula for the distribution of offender wages, gratuities, and
benefits. The formula shall not reduce the inmate account
below the indigency level, as defined in RCW 72.09.015.
(a) The formula shall include the following minimum
deductions from class I gross wages and from all others earning at least minimum wage:
(i) Five percent to the public safety and education
account for the purpose of crime victims' compensation;
(ii) Ten percent to a department personal inmate savings
account;
(iii) Twenty percent to the department to contribute to
the cost of incarceration; and
(iv) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations
owing in any Washington state superior court.
(b) The formula shall include the following minimum
deductions from class II gross gratuities:
(i) Five percent to the public safety and education
account for the purpose of crime victims' compensation;
72.09.111
(ii) Ten percent to a department personal inmate savings
account;
(iii) Fifteen percent to the department to contribute to the
cost of incarceration;
(iv) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations
owing in any Washington state superior court; and
(v) Fifteen percent for any child support owed under a
support order.
(c) The formula shall include the following minimum
deductions from any workers' compensation benefits paid
pursuant to RCW 51.32.080:
(i) Five percent to the public safety and education
account for the purpose of crime victims' compensation;
(ii) Ten percent to a department personal inmate savings
account;
(iii) Twenty percent to the department to contribute to
the cost of incarceration; and
(iv) An amount equal to any legal financial obligations
owed by the inmate established by an order of any Washington state superior court up to the total amount of the award.
(d) The formula shall include the following minimum
deductions from class III gratuities:
(i) Five percent for the purpose of crime victims' compensation; and
(ii) Fifteen percent for any child support owed under a
support order.
(e) The formula shall include the following minimum
deduction from class IV gross gratuities:
(i) Five percent to the department to contribute to the
cost of incarceration; and
(ii) Fifteen percent for any child support owed under a
support order.
(2) Any person sentenced to life imprisonment without
possibility of release or parole under chapter 10.95 RCW or
sentenced to death shall be exempt from the requirement
under subsection (1)(a)(ii), (b)(ii), or (c)(ii).
(3) The department personal inmate savings account,
together with any accrued interest, shall only be available to
an inmate at the time of his or her release from confinement,
unless the secretary determines that an emergency exists for
the inmate, at which time the funds can be made available to
the inmate in an amount determined by the secretary. The
management of classes I, II, and IV correctional industries
may establish an incentive payment for offender workers
based on productivity criteria. This incentive shall be paid
separately from the hourly wage/gratuity rate and shall not be
subject to the specified deduction for cost of incarceration.
(4) In the event that the offender worker's wages, gratuity, or workers' compensation benefit is subject to garnishment for support enforcement, the crime victims' compensation, savings, and cost of incarceration deductions shall be
calculated on the net wages after taxes, legal financial obligations, and garnishment.
(5) The department shall explore other methods of recovering a portion of the cost of the inmate's incarceration and
for encouraging participation in work programs, including
development of incentive programs that offer inmates benefits and amenities paid for only from wages earned while
working in a correctional industries work program.
[2003 RCW Supp—page 867]
72.09.480
Title 72 RCW: State Institutions
(6) The department shall develop the necessary administrative structure to recover inmates' wages and keep records
of the amount inmates pay for the costs of incarceration and
amenities. All funds deducted from inmate wages under subsection (1) of this section for the purpose of contributions to
the cost of incarceration shall be deposited in a dedicated
fund with the department and shall be used only for the purpose of enhancing and maintaining correctional industries
work programs.
(7) The expansion of inmate employment in class I and
class II correctional industries shall be implemented according to the following schedule:
(a) Not later than June 30, 1995, the secretary shall
achieve a net increase of at least two hundred in the number
of inmates employed in class I or class II correctional industries work programs above the number so employed on June
30, 1994;
(b) Not later than June 30, 1996, the secretary shall
achieve a net increase of at least four hundred in the number
of inmates employed in class I or class II correctional industries work programs above the number so employed on June
30, 1994;
(c) Not later than June 30, 1997, the secretary shall
achieve a net increase of at least six hundred in the number of
inmates employed in class I or class II correctional industries
work programs above the number so employed on June 30,
1994;
(d) Not later than June 30, 1998, the secretary shall
achieve a net increase of at least nine hundred in the number
of inmates employed in class I or class II correctional industries work programs above the number so employed on June
30, 1994;
(e) Not later than June 30, 1999, the secretary shall
achieve a net increase of at least one thousand two hundred in
the number of inmates employed in class I or class II correctional industries work programs above the number so
employed on June 30, 1994;
(f) Not later than June 30, 2000, the secretary shall
achieve a net increase of at least one thousand five hundred in
the number of inmates employed in class I or class II correctional industries work programs above the number so
employed on June 30, 1994.
(8) It shall be in the discretion of the secretary to apportion the inmates between class I and class II depending on
available contracts and resources.
(9) Nothing in this section shall limit the authority of the
department of social and health services division of child
support from taking collection action against an inmate's
moneys, assets, or property pursuant to chapter 26.23, 74.20,
or 74.20A RCW. [2003 c 379 § 25; 2003 c 271 § 2; 2002 c
126 § 2; 1999 c 325 § 2; 1994 sp.s. c 7 § 534; 1993 sp.s. c 20
§ 2.]
Reviser's note: This section was amended by 2003 c 271 § 2 and by
2003 c 379 § 25, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
Effective date—1994 sp.s. c 7 § 534: "Section 534 of this act shall take
effect June 30, 1994." [1994 sp.s. c 7 § 536.]
[2003 RCW Supp—page 868]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1993 sp.s. c 20 § 2: "Section 2 of this act shall take
effect June 30, 1994." [1993 sp.s. c 20 § 10.]
Severability—1993 sp.s. c 20: See note following RCW 43.19.534.
72.09.480
72.09.480 Inmate funds subject to deductions—Definitions—Exceptions—Child support collection actions.
(1) Unless the context clearly requires otherwise, the definitions in this section apply to this section.
(a) "Cost of incarceration" means the cost of providing
an inmate with shelter, food, clothing, transportation, supervision, and other services and supplies as may be necessary
for the maintenance and support of the inmate while in the
custody of the department, based on the average per inmate
costs established by the department and the office of financial
management.
(b) "Minimum term of confinement" means the minimum amount of time an inmate will be confined in the custody of the department, considering the sentence imposed and
adjusted for the total potential earned early release time available to the inmate.
(c) "Program" means any series of courses or classes
necessary to achieve a proficiency standard, certificate, or
postsecondary degree.
(2) When an inmate, except as provided in subsection (7)
of this section, receives any funds in addition to his or her
wages or gratuities, except settlements or awards resulting
from legal action, the additional funds shall be subject to the
following deductions and the priorities established in chapter
72.11 RCW:
(a) Five percent to the public safety and education
account for the purpose of crime victims' compensation;
(b) Ten percent to a department personal inmate savings
account;
(c) Twenty percent to the department to contribute to the
cost of incarceration;
(d) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations
owing in any Washington state superior court; and
(e) Fifteen percent for any child support owed under a
support order.
(3) When an inmate, except as provided in subsection (7)
of this section, receives any funds from a settlement or award
resulting from a legal action, the additional funds shall be
subject to the deductions in RCW 72.09.111(1)(a) and the
priorities established in chapter 72.11 RCW.
(4) The amount deducted from an inmate's funds under
subsection (2) of this section shall not exceed the department's total cost of incarceration for the inmate incurred during the inmate's minimum or actual term of confinement,
whichever is longer.
(5) The deductions required under subsection (2) of this
section shall not apply to funds received by the department on
behalf of an offender for payment of one fee-based education
or vocational program that is associated with an inmate's
work program or a placement decision made by the department under RCW 72.09.460 to prepare an inmate for work
upon release.
An inmate may, prior to the completion of the fee-based
education or vocational program authorized under this sub-
Offenders’ Responsibility for Legal Financial Obligations
72.23.300
Chapter 72.11 RCW
OFFENDERS' RESPONSIBILITY FOR LEGAL
FINANCIAL OBLIGATIONS
Chapter 72.11
section, apply to a person designated by the secretary for permission to make a change in his or her program. The secretary, or his or her designee, may approve the application
based solely on the following criteria: (a) The inmate has
been transferred to another institution by the department for
reasons unrelated to education or a change to a higher security classification and the offender's current program is
unavailable in the offender's new placement; (b) the inmate
entered an academic program as an undeclared major and
wishes to declare a major. No inmate may apply for more
than one change to his or her major and receive the exemption from deductions specified in this subsection; (c) the educational or vocational institution is terminating the inmate's
current program; or (d) the offender's training or education
has demonstrated that the current program is not the appropriate program to assist the offender to achieve a placement
decision made by the department under RCW 72.09.460 to
prepare the inmate for work upon release.
(6) The deductions required under subsection (2) of this
section shall not apply to any money received by the department, on behalf of an inmate, from family or other outside
sources for the payment of postage expenses. Money
received under this subsection may only be used for the payment of postage expenses and may not be transferred to any
other account or purpose. Money that remains unused in the
inmate's postage fund at the time of release shall be subject to
the deductions outlined in subsection (2) of this section.
(7) When an inmate sentenced to life imprisonment without possibility of release or parole, or to death under chapter
10.95 RCW, receives any funds in addition to his or her gratuities, except settlements or awards resulting from legal
action, the additional funds shall be subject to: Deductions of
five percent to the public safety and education account for the
purpose of crime victims' compensation, twenty percent to
the department to contribute to the cost of incarceration, and
fifteen percent to child support payments.
(8) When an inmate sentenced to life imprisonment without possibility of release or parole, or to death under chapter
10.95 RCW, receives any funds from a settlement or award
resulting from a legal action in addition to his or her gratuities, the additional funds shall be subject to: Deductions of
five percent to the public safety and education account for the
purpose of crime victims' compensation and twenty percent
to the department to contribute to the cost of incarceration.
(9) The interest earned on an inmate savings account created as a result of the *plan in section 4, chapter 325, Laws of
1999 shall be exempt from the mandatory deductions under
this section and RCW 72.09.111.
(10) Nothing in this section shall limit the authority of
the department of social and health services division of child
support from taking collection action against an inmate's
moneys, assets, or property pursuant to chapter 26.23, 74.20,
or 74.20A RCW including, but not limited to, the collection
of moneys received by the inmate from settlements or awards
resulting from legal action. [2003 c 271 § 3; 1999 c 325 § 1;
1998 c 261 § 2; 1997 c 165 § 1; 1995 1st sp.s. c 19 § 8.]
*Reviser's note: 1999 c 325 § 4 requires the secretary of corrections to
prepare and submit a plan to the governor and legislature by December 1,
1999.
Sections
72.11.040
Cost of supervision fund.
72.11.040
72.11.040 Cost of supervision fund. The cost of supervision fund is created in the custody of the state treasurer. All
receipts from assessments made under RCW 9.94A.780 and
72.04A.120 shall be deposited into the fund. Expenditures
from the fund may be used only to support the collection of
legal financial obligations. During the 2003-2005 biennium,
funds from the account may also be used for costs associated
with the department's supervision of the offenders in the
community. Only the secretary of the department of corrections or the secretary's designee may authorize expenditures
from the fund. The fund is subject to allotment procedures
under chapter 43.88 RCW, but no appropriation is required
for expenditures. [2003 1st sp.s. c 25 § 936; 2001 2nd sp.s. c
7 § 919; 2000 2nd sp.s. c 1 § 914; 1999 c 309 § 921; 1989 c
252 § 26.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—2001 2nd sp.s. c 7: See notes following RCW 43.320.110.
Severability—Effective date—2000 2nd sp.s. c 1: See notes following RCW 41.05.143.
Severability—Effective date—1999 c 309: See notes following RCW
41.06.152.
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
Chapter 72.23 RCW
PUBLIC AND PRIVATE FACILITIES FOR
MENTALLY ILL
Chapter 72.23
Sections
72.23.170
72.23.300
72.23.450
Escape of patient—Penalty for assisting. (Effective July 1,
2004.)
Bringing narcotics, intoxicating liquors, weapons, etc., into
institution or its grounds prohibited—Penalty. (Effective
July 1, 2004.)
Repealed.
72.23.170
72.23.170 Escape of patient—Penalty for assisting.
(Effective July 1, 2004.) Any person who procures the
escape of any patient of any state hospital for the mentally ill,
or institutions for psychopaths to which such patient has been
lawfully committed, or who advises, connives at, aids, or
assists in such escape or conceals any such escape, is guilty of
a class C felony and shall be punished by imprisonment in a
state correctional institution for a term of not more than five
years or by a fine of not more than five hundred dollars or by
both imprisonment and fine. [2003 c 53 § 364; 1959 c 28 §
72.23.170. Prior: 1957 c 225 § 1, part; 1949 c 198 § 20, part;
Rem. Supp. 1949 § 6953-20, part. Formerly RCW
71.12.620, part.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
72.23.300
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
72.23.300 Bringing narcotics, intoxicating liquors,
weapons, etc., into institution or its grounds prohibited—
[2003 RCW Supp—page 869]
72.23.450
Title 72 RCW: State Institutions
Title 74
Penalty. (Effective July 1, 2004.) Any person not authorized by law so to do, who brings into any state institution for
the care and treatment of mental illness or within the grounds
thereof, any opium, morphine, cocaine or other narcotic, or
any intoxicating liquor of any kind whatever, except for
medicinal or mechanical purposes, or any firearms, weapons,
or explosives of any kind is guilty of a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 365;
1959 c 28 § 72.23.300. Prior: 1949 c 198 § 52; Rem. Supp.
1949 § 6932-52. Formerly RCW 71.12.630.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Uniform controlled substances act: Chapter 69.50 RCW.
72.23.450
72.23.450 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 72.63
Chapter 72.63 RCW
PRISON WORK PROGRAMS—FISH AND GAME
Sections
72.63.040
PUBLIC ASSISTANCE
Chapters
74.04
General provisions—Administration.
74.08
Eligibility generally—Standards of assistance.
74.08A
Washington WorkFirst temporary assistance
for needy families.
74.09
Medical care.
74.13
Child welfare services.
74.14A
Children and family services.
74.14C
Family preservation services.
74.18
Department of services for the blind.
74.34
Abuse of vulnerable adults.
74.46
Nursing facility medicaid payment system.
Chapter 74.04 RCW
GENERAL PROVISIONS—ADMINISTRATION
Chapter 74.04
Sections
74.04.005
74.04.00511
74.04.300
74.04.005
72.63.040 Available funds to support costs of implementation. The costs of implementation of the projects prescribed by this chapter shall be supported to the extent that
funds are available under the provisions of chapter 77.100
RCW, and from correctional industries funds. [2003 c 39 §
31; 1989 c 185 § 13; 1985 c 286 § 4.]
Title 73
Title 73
VETERANS AND VETERANS' AFFAIRS
Chapters
73.04 General provisions.
Chapter 73.04 RCW
GENERAL PROVISIONS
Sections
73.04.160
Definitions—Eligibility.
Limitations on "resource" and "income."
Recovery of payments improperly received—Lien—Recipient reporting requirements.
Available funds to support costs of implementation.
72.63.040
Chapter 73.04
Title 74
Veterans' history awareness month—Commemoration of contributions of veterans.
73.04.160
73.04.160 Veterans' history awareness month—
Commemoration of contributions of veterans. The legislature declares that:
(1) November of each year will be known as veterans'
history awareness month;
(2) The week in November in which veterans' day occurs
is designated as a time for people of this state to celebrate the
contributions to the state by veterans; and
(3) Educational institutions, public entities, and private
organizations are encouraged to designate time for appropriate activities in commemoration of the contributions of
America's veterans. [2003 c 161 § 1.]
[2003 RCW Supp—page 870]
74.04.005 Definitions—Eligibility. For the purposes of
this title, unless the context indicates otherwise, the following
definitions shall apply:
(1) "Public assistance" or "assistance"—Public aid to
persons in need thereof for any cause, including services,
medical care, assistance grants, disbursing orders, work
relief, general assistance and federal-aid assistance.
(2) "Department"—The department of social and health
services.
(3) "County or local office"—The administrative office
for one or more counties or designated service areas.
(4) "Director" or "secretary" means the secretary of
social and health services.
(5) "Federal-aid assistance"—The specific categories of
assistance for which provision is made in any federal law
existing or hereafter passed by which payments are made
from the federal government to the state in aid or in respect to
payment by the state for public assistance rendered to any
category of needy persons for which provision for federal
funds or aid may from time to time be made, or a federally
administered needs-based program.
(6)(a) "General assistance"—Aid to persons in need
who:
(i) Are not eligible to receive federal-aid assistance,
other than food stamps or food stamp benefits transferred
electronically and medical assistance; however, an individual
who refuses or fails to cooperate in obtaining federal-aid
assistance, without good cause, is not eligible for general
assistance;
(ii) Meet one of the following conditions:
(A) Pregnant: PROVIDED, That need is based on the
current income and resource requirements of the federal temporary assistance for needy families program; or
(B) Subject to chapter 165, Laws of 1992, incapacitated
from gainful employment by reason of bodily or mental infirmity that will likely continue for a minimum of ninety days as
determined by the department.
General Provisions—Administration
(C) Persons who are unemployable due to alcohol or
drug addiction are not eligible for general assistance. Persons
receiving general assistance on July 26, 1987, or becoming
eligible for such assistance thereafter, due to an alcohol or
drug-related incapacity, shall be referred to appropriate
assessment, treatment, shelter, or supplemental security
income referral services as authorized under chapter 74.50
RCW. Referrals shall be made at the time of application or at
the time of eligibility review. Alcoholic and drug addicted
clients who are receiving general assistance on July 26, 1987,
may remain on general assistance if they otherwise retain
their eligibility until they are assessed for services under
chapter 74.50 RCW. Subsection (6)(a)(ii)(B) of this section
shall not be construed to prohibit the department from granting general assistance benefits to alcoholics and drug addicts
who are incapacitated due to other physical or mental conditions that meet the eligibility criteria for the general assistance program;
(iii) Are citizens or aliens lawfully admitted for permanent residence or otherwise residing in the United States
under color of law; and
(iv) Have furnished the department their social security
account number. If the social security account number cannot be furnished because it has not been issued or is not
known, an application for a number shall be made prior to
authorization of assistance, and the social security number
shall be provided to the department upon receipt.
(b) Notwithstanding the provisions of subsection
(6)(a)(i), (ii), and (c) of this section, general assistance shall
be provided to the following recipients of federal-aid assistance:
(i) Recipients of supplemental security income whose
need, as defined in this section, is not met by such supplemental security income grant because of separation from a
spouse; or
(ii) To the extent authorized by the legislature in the
biennial appropriations act, to recipients of temporary assistance for needy families whose needs are not being met
because of a temporary reduction in monthly income below
the entitled benefit payment level caused by loss or reduction
of wages or unemployment compensation benefits or some
other unforeseen circumstances. The amount of general
assistance authorized shall not exceed the difference between
the entitled benefit payment level and the amount of income
actually received.
(c) General assistance shall be provided only to persons
who are not members of assistance units receiving federal aid
assistance, except as provided in subsection (6)(a)(ii)(A) and
(b) of this section, and will accept available services which
can reasonably be expected to enable the person to work or
reduce the need for assistance unless there is good cause to
refuse. Failure to accept such services shall result in termination until the person agrees to cooperate in accepting such
services and subject to the following maximum periods of
ineligibility after reapplication:
(i) First failure: One week;
(ii) Second failure within six months: One month;
(iii) Third and subsequent failure within one year: Two
months.
(d) Persons found eligible for general assistance based
on incapacity from gainful employment may, if otherwise eli-
74.04.005
gible, receive general assistance pending application for federal supplemental security income benefits. Any general
assistance that is subsequently duplicated by the person's
receipt of supplemental security income for the same period
shall be considered a debt due the state and shall by operation
of law be subject to recovery through all available legal remedies.
(e) The department shall adopt by rule medical criteria
for general assistance eligibility to ensure that eligibility
decisions are consistent with statutory requirements and are
based on clear, objective medical information.
(f) The process implementing the medical criteria shall
involve consideration of opinions of the treating or consulting physicians or health care professionals regarding incapacity, and any eligibility decision which rejects uncontroverted
medical opinion must set forth clear and convincing reasons
for doing so.
(g) Recipients of general assistance based upon a finding
of incapacity from gainful employment who remain otherwise eligible shall have their benefits discontinued unless the
recipient demonstrates no material improvement in their
medical or mental condition. The department may discontinue benefits when there was specific error in the prior determination that found the recipient eligible by reason of incapacitation. Recipients of general assistance based upon pregnancy who relinquish their child for adoption, remain
otherwise eligible, and are not eligible to receive benefits
under the federal temporary assistance for needy families
program shall not have their benefits terminated until the end
of the month in which the period of six weeks following the
birth of the recipient's child falls. Recipients of the federal
temporary assistance for needy families program who lose
their eligibility solely because of the birth and relinquishment
of the qualifying child may receive general assistance
through the end of the month in which the period of six weeks
following the birth of the child falls.
(h) No person may be considered an eligible individual
for general assistance with respect to any month if during that
month the person:
(i) Is fleeing to avoid prosecution of, or to avoid custody
or confinement for conviction of, a felony, or an attempt to
commit a felony, under the laws of the state of Washington or
the place from which the person flees; or
(ii) Is violating a condition of probation, community
supervision, or parole imposed under federal or state law for
a felony or gross misdemeanor conviction.
(7) "Applicant"—Any person who has made a request,
or on behalf of whom a request has been made, to any county
or local office for assistance.
(8) "Recipient"—Any person receiving assistance and in
addition those dependents whose needs are included in the
recipient's assistance.
(9) "Standards of assistance"—The level of income
required by an applicant or recipient to maintain a level of
living specified by the department.
(10) "Resource"—Any asset, tangible or intangible,
owned by or available to the applicant at the time of application, which can be applied toward meeting the applicant's
need, either directly or by conversion into money or its equivalent. The department may by rule designate resources that
an applicant may retain and not be ineligible for public assis[2003 RCW Supp—page 871]
74.04.005
Title 74 RCW: Public Assistance
tance because of such resources. Exempt resources shall
include, but are not limited to:
(a) A home that an applicant, recipient, or their dependents is living in, including the surrounding property;
(b) Household furnishings and personal effects;
(c) A motor vehicle, other than a motor home, used and
useful having an equity value not to exceed five thousand
dollars;
(d) A motor vehicle necessary to transport a physically
disabled household member. This exclusion is limited to one
vehicle per physically disabled person;
(e) All other resources, including any excess of values
exempted, not to exceed one thousand dollars or other limit
as set by the department, to be consistent with limitations on
resources and exemptions necessary for federal aid assistance. The department shall also allow recipients of temporary assistance for needy families to exempt savings accounts
with combined balances of up to an additional three thousand
dollars;
(f) Applicants for or recipients of general assistance shall
have their eligibility based on resource limitations consistent
with the temporary assistance for needy families program
rules adopted by the department; and
(g) If an applicant for or recipient of public assistance
possesses property and belongings in excess of the ceiling
value, such value shall be used in determining the need of the
applicant or recipient, except that: (i) The department may
exempt resources or income when the income and resources
are determined necessary to the applicant's or recipient's restoration to independence, to decrease the need for public
assistance, or to aid in rehabilitating the applicant or recipient
or a dependent of the applicant or recipient; and (ii) the
department may provide grant assistance for a period not to
exceed nine months from the date the agreement is signed
pursuant to this section to persons who are otherwise ineligible because of excess real property owned by such persons
when they are making a good faith effort to dispose of that
property: PROVIDED, That:
(A) The applicant or recipient signs an agreement to
repay the lesser of the amount of aid received or the net proceeds of such sale;
(B) If the owner of the excess property ceases to make
good faith efforts to sell the property, the entire amount of
assistance may become an overpayment and a debt due the
state and may be recovered pursuant to RCW 43.20B.630;
(C) Applicants and recipients are advised of their right to
a fair hearing and afforded the opportunity to challenge a
decision that good faith efforts to sell have ceased, prior to
assessment of an overpayment under this section; and
(D) At the time assistance is authorized, the department
files a lien without a sum certain on the specific property.
(11) "Income"—(a) All appreciable gains in real or personal property (cash or kind) or other assets, which are
received by or become available for use and enjoyment by an
applicant or recipient during the month of application or after
applying for or receiving public assistance. The department
may by rule and regulation exempt income received by an
applicant for or recipient of public assistance which can be
used by him or her to decrease his or her need for public
assistance or to aid in rehabilitating him or her or his or her
dependents, but such exemption shall not, unless otherwise
[2003 RCW Supp—page 872]
provided in this title, exceed the exemptions of resources
granted under this chapter to an applicant for public assistance. In addition, for cash assistance the department may
disregard income pursuant to RCW 74.08A.230 and
74.12.350.
(b) If, under applicable federal requirements, the state
has the option of considering property in the form of lump
sum compensatory awards or related settlements received by
an applicant or recipient as income or as a resource, the
department shall consider such property to be a resource.
(12) "Need"—The difference between the applicant's or
recipient's standards of assistance for himself or herself and
the dependent members of his or her family, as measured by
the standards of the department, and value of all nonexempt
resources and nonexempt income received by or available to
the applicant or recipient and the dependent members of his
or her family.
(13) For purposes of determining eligibility for public
assistance and participation levels in the cost of medical care,
the department shall exempt restitution payments made to
people of Japanese and Aleut ancestry pursuant to the Civil
Liberties Act of 1988 and the Aleutian and Pribilof Island
Restitution Act passed by congress, P.L. 100-383, including
all income and resources derived therefrom.
(14) In the construction of words and phrases used in this
title, the singular number shall include the plural, the masculine gender shall include both the feminine and neuter genders and the present tense shall include the past and future
tenses, unless the context thereof shall clearly indicate to the
contrary. [2003 1st sp.s. c 10 § 1; 2000 c 218 § 1. Prior:
1998 c 80 § 1; 1998 c 79 § 6; prior: 1997 c 59 § 10; 1997 c
58 § 309; prior: 1992 c 165 § 1; 1992 c 136 § 1; 1991 sp.s. c
10 § 1; 1991 c 126 § 1; 1990 c 285 § 2; 1989 1st ex.s. c 9 §
816; prior: 1987 c 406 § 9; 1987 c 75 § 31; 1985 c 335 § 2;
1983 1st ex.s. c 41 § 36; 1981 2nd ex.s. c 10 § 5; 1981 1st
ex.s. c 6 § 1; prior: 1981 c 8 § 1; prior: 1980 c 174 § 1; 1980
c 84 § 1; 1979 c 141 § 294; 1969 ex.s. c 173 § 1; 1965 ex.s. c
2 § 1; 1963 c 228 § 1; 1961 c 235 § 1; 1959 c 26 § 74.04.005;
prior: (i) 1947 c 289 § 1; 1939 c 216 § 1; Rem. Supp. 1947 §
10007-101a. (ii) 1957 c 63 § 1; 1953 c 174 § 17; 1951 c 122
§ 1; 1951 c 1 § 3 (Initiative Measure No. 178, approved
November 7, 1950); 1949 c 6 § 3; Rem. Supp. 1949 § 999833c.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Severability—1991 sp.s. c 10: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1991 sp.s. c 10 § 2.]
Effective date—1991 sp.s. c 10: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1991." [1991 sp.s. c 10 § 3.]
Findings—Purpose—1990 c 285: "(1) The legislature finds that each
year less than five percent of pregnant teens relinquish their babies for adoption in Washington state. Nationally, fewer than eight percent of pregnant
teens relinquish their babies for adoption.
(2) The legislature further finds that barriers such as lack of information about adoption, inability to voluntarily enter into adoption agreements,
and current state public assistance policies act as disincentives to adoption.
(3) It is the purpose of this act to support adoption as an option for
Eligibility Generally—Standards of Assistance
74.08.100
women with unintended pregnancies by removing barriers that act as disincentives to adoption." [1990 c 285 § 1.]
c 173 § 18; 1959 c 26 § 74.04.300. Prior: 1957 c 63 § 3; 1953
c 174 § 35; 1939 c 216 § 27; RRS § 10007-127a.]
Severability—1990 c 285: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1990 c 285 § 10.]
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
Chapter 74.08
Sections
Effective date—1981 1st ex.s. c 6: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the
state government and its existing public institutions, and shall take effect
July 1, 1981." [1981 1st ex.s. c 6 § 31.]
74.08.055
Severability—1981 1st ex.s. c 6: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 1st ex.s. c 6 § 30.]
74.08.331
Consolidated standards of need: RCW 74.04.770.
74.04.00511
74.04.00511 Limitations on "resource" and
"income." For purposes of RCW 74.04.005 (10) and (11),
"resource" and "income" do not include educational assistance awarded under *the gaining independence for students
with dependents program as defined in chapter 19, Laws of
2003 for recipients of temporary assistance for needy families. [2003 c 19 § 8.]
*Reviser's note: The gaining independence for students with dependents program is codified in chapter 28B.133 RCW.
Finding—Intent—Short title—Captions not law—2003 c 19: See
RCW 28B.133.005, 28B.133.900, and 28B.133.901.
74.04.300
74.04.300 Recovery of payments improperly
received—Lien—Recipient reporting requirements. If a
recipient receives public assistance and/or food stamps or
food stamp benefits transferred electronically for which the
recipient is not eligible, or receives public assistance and/or
food stamps or food stamp benefits transferred electronically
in an amount greater than that for which the recipient is eligible, the portion of the payment to which the recipient is not
entitled shall be a debt due the state recoverable under RCW
43.20B.030 and 43.20B.620 through 43.20B.645. It shall be
the duty of recipients of cash benefits to notify the department of changes to earned income as defined in RCW
74.04.005(11). It shall be the duty of recipients of cash benefits to notify the department of changes to liquid resources
as defined in RCW 74.04.005(10) that would result in ineligibility for cash benefits. It shall be the duty of recipients of
food benefits to report changes in income that result in ineligibility for food benefits. All recipients shall report changes
required in this section by the tenth of the month following
the month in which the change occurs. The department shall
make a determination of eligibility within ten days from the
date it receives the reported change from the recipient. The
department shall adopt rules consistent with federal law and
regulations for additional reporting requirements. The
department shall advise applicants for assistance that failure
to report as required, failure to reveal resources or income,
and false statements will result in recovery by the state of any
overpayment and may result in criminal prosecution. [2003 c
208 § 1; 1998 c 79 § 7; 1987 c 75 § 32; 1982 c 201 § 16; 1980
c 84 § 2; 1979 c 141 § 306; 1973 1st ex.s. c 49 § 1; 1969 ex.s.
Chapter 74.08 RCW
ELIGIBILITY GENERALLY—STANDARDS
OF ASSISTANCE
74.08.100
Verification of applications—Penalty. (Effective July 1,
2004.)
Age and residency verification—Felony. (Effective July 1,
2004.)
Unlawful practices—Obtaining assistance—Disposal of
realty—Penalties. (Effective July 1, 2004.)
74.08.055
74.08.055 Verification of applications—Penalty.
(Effective July 1, 2004.) (1) Each applicant for or recipient
of public assistance shall make an application for assistance
which shall contain or be verified by a written declaration
that it is made under the penalties of perjury. The secretary,
by rule and regulation, may require that any other forms filled
out by applicants or recipients of public assistance shall contain or be verified by a written declaration that it is made
under the penalties of perjury and such declaration shall be in
lieu of any oath otherwise required, and each applicant shall
be so informed at the time of the signing.
(2) Any applicant for or recipient of public assistance
who willfully makes and subscribes any application, statement or other paper which contains or is verified by a written
declaration that it is made under the penalties of perjury and
which he or she does not believe to be true and correct as to
every material matter is guilty of a class B felony punishable
according to chapter 9A.20 RCW. [2003 c 53 § 366; 1979 c
141 § 323; 1959 c 26 § 74.08.055. Prior: 1953 c 174 § 27.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
74.08.100
74.08.100 Age and residency verification—Felony.
(Effective July 1, 2004.) Proof of age and length of residence
in the state of any applicant may be established as provided
by the rules and regulations of the department: PROVIDED,
That if an applicant is unable to establish proof of age or
length of residence in the state by any other method he or she
may make a statement under oath of his or her age on the date
of application or the length of his or her residence in the state,
before any judge of the superior court, any judge of the court
of appeals, or any justice of the supreme court of the state of
Washington, and such statement shall constitute sufficient
proof of age of applicant or of length of residence in the state:
PROVIDED HOWEVER, That any applicant who willfully
makes a false statement as to his or her age or length of residence in the state under oath before a judge of the superior
court, a judge of the court of appeals, or a justice of the
supreme court, as provided above, shall be guilty of a class B
felony punishable according to chapter 9A.20 RCW. [2003 c
53 § 367; 1971 c 81 § 137; 1959 c 26 § 74.08.100. Prior:
1949 c 6 § 11; Rem. Supp. 1949 § 9998-33k.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
[2003 RCW Supp—page 873]
74.08.331
Title 74 RCW: Public Assistance
74.08.331
74.08.331 Unlawful practices—Obtaining assistance—Disposal of realty—Penalties. (Effective July 1,
2004.) (1) Any person who by means of a willfully false
statement, or representation, or impersonation, or a willful
failure to reveal any material fact, condition, or circumstance
affecting eligibility or need for assistance, including medical
care, surplus commodities, and food stamps or food stamp
benefits transferred electronically, as required by law, or a
willful failure to promptly notify the county office in writing
as required by law or any change in status in respect to
resources, or income, or need, or family composition, money
contribution and other support, from whatever source
derived, including unemployment insurance, or any other
change in circumstances affecting the person's eligibility or
need for assistance, or other fraudulent device, obtains, or
attempts to obtain, or aids or abets any person to obtain any
public assistance to which the person is not entitled or greater
public assistance than that to which he or she is justly entitled
is guilty of theft in the first degree under RCW 9A.56.030
and upon conviction thereof shall be punished by imprisonment in a state correctional facility for not more than fifteen
years.
(2) Any person who by means of a willfully false statement or representation or by impersonation or other fraudulent device aids or abets in buying, selling, or in any other
way disposing of the real property of a recipient of public
assistance without the consent of the secretary is guilty of a
gross misdemeanor and upon conviction thereof shall be punished by imprisonment for not more than one year in the
county jail or a fine of not to exceed one thousand dollars or
by both. [2003 c 53 § 368; 1998 c 79 § 16; 1997 c 58 § 303;
1992 c 7 § 59; 1979 c 141 § 329; 1965 ex.s. c 34 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Chapter 74.08A RCW
WASHINGTON WORKFIRST TEMPORARY
ASSISTANCE FOR NEEDY FAMILIES
for moving the recipient immediately into employment; (b)
contains the obligation of the recipient to become and remain
employed; (c) moves the recipient into whatever employment
the recipient is capable of handling as quickly as possible;
and (d) describes the services available to the recipient to
enable the recipient to obtain and keep employment.
(2) Recipients who are not engaged in work and work
activities, and do not qualify for a good cause exemption
under RCW 74.08A.270, shall engage in self-directed service
as provided in RCW 74.08A.330.
(3) If a recipient refuses to engage in work and work
activities required by the department, the family's grant shall
be reduced by the recipient's share, and may, if the department determines it appropriate, be terminated.
(4) The department may waive the penalties required
under subsection (3) of this section, subject to a finding that
the recipient refused to engage in work for good cause provided in RCW 74.08A.270.
(5) In implementing this section, the department shall
assign the highest priority to the most employable clients,
including adults in two-parent families and parents in singleparent families that include older preschool or school-age
children to be engaged in work activities.
(6) In consultation with the recipient, the department or
contractor shall place the recipient into a work activity that is
available in the local area where the recipient resides. [2003
c 383 § 1; 1997 c 58 § 313.]
74.08A.275
74.08A.275 Employability screening. Each recipient
approved to receive temporary assistance for needy families
shall be subject to an employability screening under RCW
74.08A.260 after determination of program eligibility and
before referral to job search. If the employability screening
determines the recipient is not employable, or meets the criteria specified in RCW 74.08A.270 for a good cause exemption to work requirements, the department shall defer the job
search requirement under RCW 74.08A.285. [2003 c 383 §
2; 1999 c 340 § 1.]
Chapter 74.08A
Sections
74.08A.260 Work activity—Referral—Individual responsibility plan—
Refusal to work.
74.08A.275 Employability screening.
74.08A.285 Job search instruction and assistance.
74.08A.260
74.08A.260 Work activity—Referral—Individual
responsibility plan—Refusal to work. (1) Each recipient
shall be assessed after determination of program eligibility
and before referral to job search. Assessments shall be based
upon factors that are critical to obtaining employment,
including but not limited to education, availability of child
care, history of family violence, history of substance abuse,
and other factors that affect the ability to obtain employment.
Assessments may be performed by the department or by a
contracted entity. The assessment shall be based on a uniform, consistent, transferable format that will be accepted by
all agencies and organizations serving the recipient. Based
on the assessment, an individual responsibility plan shall be
prepared that: (a) Sets forth an employment goal and a plan
[2003 RCW Supp—page 874]
74.08A.285
74.08A.285 Job search instruction and assistance.
The WorkFirst program operated by the department to meet
the federal work requirements specified in P.L. 104-193 shall
contain a job search component. The component shall consist of instruction on how to secure a job and assisted job
search activities to locate and retain employment. Nonexempt recipients of temporary assistance for needy families
shall participate in an initial job search for no more than
twelve consecutive weeks. Each recipient shall receive a
work skills assessment upon referral to the job search program. The work skills assessment shall include but not be
limited to education, employment history, employment
strengths, and job skills. The recipient's ability to obtain
employment will be reviewed periodically thereafter and, if it
is clear at any time that further participation in a job search
will not be productive, the department shall assess the recipient pursuant to RCW 74.08A.260. The department shall refer
recipients unable to find employment through the initial job
search period to work activities that will develop their skills
or knowledge to make them more employable, including
additional job search and job readiness assistance. [2003 c
383 § 3; 1998 c 89 § 1.]
Medical Care
Chapter 74.09
Chapter 74.09 RCW
MEDICAL CARE
Sections
74.09.055
74.09.310
74.09.320
74.09.520
74.09.575
74.09.650
74.09.660
74.09.757
Copayment, deductible, coinsurance, cost-sharing requirements authorized.
Repealed.
Repealed.
Medical assistance—Care and services included—Funding
limitations.
Medical assistance for institutionalized persons—Treatment
of resources.
Prescription drug assistance program.
Prescription drug education for seniors—Grant qualifications.
Repealed.
74.09.055
74.09.055 Copayment, deductible, coinsurance, costsharing requirements authorized. The department is
authorized to establish copayment, deductible, coinsurance,
or other cost-sharing requirements for recipients of any medical programs defined in RCW 74.09.010. [2003 1st sp.s. c
14 § 1; 1993 c 492 § 231; 1982 c 201 § 19.]
Effective date—2003 1st sp.s. c 14: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect July
1, 2003." [2003 1st sp.s. c 14 § 2.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
74.09.310
74.09.310 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
74.09.320
74.09.320 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
74.09.520
74.09.520 Medical assistance—Care and services
included—Funding limitations. (1) The term "medical
assistance" may include the following care and services: (a)
Inpatient hospital services; (b) outpatient hospital services;
(c) other laboratory and x-ray services; (d) nursing facility
services; (e) physicians' services, which shall include prescribed medication and instruction on birth control devices;
(f) medical care, or any other type of remedial care as may be
established by the secretary; (g) home health care services;
(h) private duty nursing services; (i) dental services; (j) physical and occupational therapy and related services; (k) prescribed drugs, dentures, and prosthetic devices; and eyeglasses prescribed by a physician skilled in diseases of the
eye or by an optometrist, whichever the individual may
select; (l) personal care services, as provided in this section;
(m) hospice services; (n) other diagnostic, screening, preventive, and rehabilitative services; and (o) like services when
furnished to a child by a school district in a manner consistent
with the requirements of this chapter. For the purposes of this
section, the department may not cut off any prescription medications, oxygen supplies, respiratory services, or other lifesustaining medical services or supplies.
"Medical assistance," notwithstanding any other provision of law, shall not include routine foot care, or dental services delivered by any health care provider, that are not mandated by Title XIX of the social security act unless there is a
specific appropriation for these services.
74.09.520
(2) The department shall amend the state plan for medical assistance under Title XIX of the federal social security
act to include personal care services, as defined in 42 C.F.R.
440.170(f), in the categorically needy program.
(3) The department shall adopt, amend, or rescind such
administrative rules as are necessary to ensure that Title XIX
personal care services are provided to eligible persons in conformance with federal regulations.
(a) These administrative rules shall include financial eligibility indexed according to the requirements of the social
security act providing for medicaid eligibility.
(b) The rules shall require clients be assessed as having a
medical condition requiring assistance with personal care
tasks. Plans of care for clients requiring health-related consultation for assessment and service planning may be
reviewed by a nurse.
(c) The department shall determine by rule which clients
have a health-related assessment or service planning need
requiring registered nurse consultation or review. This definition may include clients that meet indicators or protocols
for review, consultation, or visit.
(4) The department shall design and implement a means
to assess the level of functional disability of persons eligible
for personal care services under this section. The personal
care services benefit shall be provided to the extent funding is
available according to the assessed level of functional disability. Any reductions in services made necessary for funding reasons should be accomplished in a manner that assures
that priority for maintaining services is given to persons with
the greatest need as determined by the assessment of functional disability.
(5) Effective July 1, 1989, the department shall offer
hospice services in accordance with available funds.
(6) For Title XIX personal care services administered by
aging and adult services administration of the department, the
department shall contract with area agencies on aging:
(a) To provide case management services to individuals
receiving Title XIX personal care services in their own home;
and
(b) To reassess and reauthorize Title XIX personal care
services or other home and community services as defined in
RCW 74.39A.009 in home or in other settings for individuals
consistent with the intent of this section:
(i) Who have been initially authorized by the department
to receive Title XIX personal care services or other home and
community services as defined in RCW 74.39A.009; and
(ii) Who, at the time of reassessment and reauthorization,
are receiving such services in their own home.
(7) In the event that an area agency on aging is unwilling
to enter into or satisfactorily fulfill a contract to provide these
services, the department is authorized to:
(a) Obtain the services through competitive bid; and
(b) Provide the services directly until a qualified contractor can be found. [2003 c 279 § 1; 1998 c 245 § 145; 1995 1st
sp.s. c 18 § 39; 1994 c 21 § 4. Prior: 1993 c 149 § 10; 1993
c 57 § 1; 1991 sp.s. c 8 § 9; prior: 1991 c 233 § 1; 1991 c 119
§ 1; prior: 1990 c 33 § 594; 1990 c 25 § 1; prior: 1989 c 427
§ 10; 1989 c 400 § 3; 1985 c 5 § 3; 1982 1st ex.s. c 19 § 4;
1981 1st ex.s. c 6 § 21; 1981 c 8 § 20; 1979 c 141 § 344; 1969
ex.s. c 173 § 11; 1967 ex.s. c 30 § 5.]
[2003 RCW Supp—page 875]
74.09.575
Title 74 RCW: Public Assistance
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Conflict with federal requirements—Effective date—1994 c 21: See
notes following RCW 43.20B.080.
Conflict with federal requirements—Severability—Effective
dates—1993 c 149: See notes following RCW 74.09.5241.
Effective date—1991 sp.s. c 8: See note following RCW 18.51.050.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1989 c 427: See RCW 74.39.900.
Intent—1989 c 400: See note following RCW 28A.150.390.
Effective date—1982 1st ex.s. c 19: See note following RCW
74.09.035.
Effective date—Severability—1981 1st ex.s. c 6: See notes following
RCW 74.04.005.
Legislative confirmation of effect of 1994 c 21: RCW 43.20B.090.
74.09.575
74.09.575 Medical assistance for institutionalized
persons—Treatment of resources. (1) The department
shall promulgate rules consistent with the treatment of
resources provisions of section 1924 of the social security act
entitled "Treatment of Income and Resources for Certain
Institutionalized Spouses," in determining the allocation of
resources between the institutionalized and community
spouse.
(2) In the interest of supporting the community spouse
the department shall allow the maximum resource allowance
amount permissible under the social security act for the community spouse for persons institutionalized before August 1,
2003.
(3) For persons institutionalized on or after August 1,
2003, the department, in the interest of supporting the community spouse, shall allow up to a maximum of forty thousand dollars in resources for the community spouse. For the
fiscal biennium beginning July 1, 2005, and each fiscal biennium thereafter, the maximum resource allowance amount
for the community spouse shall be adjusted for economic
trends and conditions by increasing the amount allowable by
the consumer price index as published by the federal bureau
of labor statistics. However, in no case shall the amount
allowable exceed the maximum resource allowance permissible under the social security act. [2003 1st sp.s. c 28 § 1;
1989 c 87 § 5.]
Effective date—2003 1st sp.s. c 28: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect July
1, 2003." [2003 1st sp.s. c 28 § 2.]
Effective dates—1989 c 87: See note following RCW 11.94.050.
Captions not law—1989 c 87: See note following RCW 74.09.565.
74.09.650
74.09.650 Prescription drug assistance program. (1)
To the extent funds are appropriated specifically for this purpose, and subject to any conditions placed on appropriations
made for this purpose, the department shall design a medicaid
prescription drug assistance program. Neither the benefits of,
nor eligibility for, the program is considered to be an entitlement.
(2) The department shall request any federal waiver necessary to implement this program. Consistent with federal
waiver conditions, the department may charge enrollment
fees, premiums, or point-of-service cost-sharing to program
enrollees.
[2003 RCW Supp—page 876]
(3) Eligibility for this program is limited to persons:
(a) Who are eligible for medicare or age sixty-five and
older;
(b) Whose family income does not exceed two hundred
percent of the federal poverty level as adjusted for family size
and determined annually by the federal department of health
and human services;
(c) Who lack insurance that provides prescription drug
coverage; and
(d) Who are not otherwise eligible under Title XIX of the
federal social security act.
(4) The department shall use a cost-effective prescription
drug benefit design. Consistent with federal waiver conditions, this benefit design may be different than the benefit
design offered under the medical assistance program. The
benefit design may include a deductible benefit that provides
coverage when enrollees incur higher prescription drug costs
as defined by the department. The department also may offer
more than one benefit design.
(5) The department shall limit enrollment of persons who
qualify for the program so as to prevent an overexpenditure
of appropriations for this program or to assure necessary
compliance with federal waiver budget neutrality requirements. The department may not reduce existing medical
assistance program eligibility or benefits to assure compliance with federal waiver budget neutrality requirements.
(6) Premiums paid by medicaid enrollees not in the medicaid prescription drug assistance program may not be used to
finance the medicaid prescription drug assistance program.
(7) This program will be terminated within twelve
months after implementation of a prescription drug benefit
under Title XVIII of the federal social security act.
(8) The department shall provide recommendations to
the appropriate committees of the senate and house of representatives by November 15, 2003, on financing options available to support the medicaid prescription drug assistance program. In recommending financing options, the department
shall explore every opportunity to maximize federal funding
to support the program. [2003 1st sp.s. c 29 § 2.]
Finding—Intent—2003 1st sp.s. c 29: "The legislature finds that prescription drugs are an effective and important part of efforts to maintain and
improve the health of Washington state residents. However, their increased
cost and utilization is straining the resources of many state health care programs, and is particularly hard on low-income elderly people who lack insurance coverage for such drugs. Furthermore, inappropriate use of prescription
drugs can result in unnecessary expenditures and lead to serious health consequences. It is therefore the intent of the legislature to support the establishment by the state of an evidence-based prescription drug program that identifies preferred drugs, develop programs to provide prescription drugs at an
affordable price to those in need, and increase public awareness regarding
their safe and cost-effective use." [2003 1st sp.s. c 29 § 1.]
Severability—2003 1st sp.s. c 29: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2003 1st sp.s. c 29 § 14.]
Conflict with federal requirements—2003 1st sp.s. c 29: "If any part
of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with
respect to the agencies directly affected, and this finding does not affect the
operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are
a necessary condition to the receipt of federal funds by the state." [2003 1st
sp.s. c 29 § 15.]
Child Welfare Services
Effective date—2003 1st sp.s. c 29: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [June 26, 2003]." [2003 1st sp.s. c 29 § 16.]
74.09.660
74.09.660 Prescription drug education for seniors—
Grant qualifications. Each of the state's area agencies on
aging shall implement a program intended to inform and train
persons sixty-five years of age and older in the safe and
appropriate use of prescription and nonprescription medications. To further this purpose, the department shall award
development grants averaging up to twenty-five thousand
dollars to each of the agencies upon a showing that:
(1) The agency has the ability to effectively administer
such a program, including an understanding of the relevant
issues and appropriate outreach and follow-up;
(2) The agency can bring resources to the program in
addition to those funded by the grant; and
(3) The program will be a collaborative effort between
the agency and other health care programs and providers in
the location to be served, including doctors, pharmacists, and
long-term care providers. [2003 1st sp.s. c 29 § 8.]
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
74.09.757
74.09.757 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 74.13
Chapter 74.13 RCW
CHILD WELFARE SERVICES
Sections
74.13.017
74.13.036
74.13.550
74.13.560
74.13.570
74.13.580
74.13.590
74.13.600
74.13.610
74.13.620
Accreditation—Completion date.
Implementation of chapters 13.32A and 13.34 RCW—Report
to legislature.
Child placement—Policy of educational continuity.
Educational continuity—Protocol development.
Oversight committee—Duties.
Educational stability during shelter care hearing—Protocol
development.
Tasks to be performed based on available resources.
Kinship caregivers—Definition—Placement of children with
kin a priority—Strategies.
Kinship caregivers—Grant proposal—Pilot projects. (Expires
January 1, 2007.)
Kinship care oversight committee—Duties—Report. (Expires
January 1, 2005.)
74.13.017
74.13.017 Accreditation—Completion date. The
department shall undertake the process of accreditation with
the goal of completion by July 2006. [2003 c 207 § 8; 2001 c
265 § 2.]
74.13.036
74.13.036 Implementation of chapters 13.32A and
13.34 RCW—Report to legislature. (1) The department of
social and health services shall oversee implementation of
chapter 13.34 RCW and chapter 13.32A RCW. The oversight shall be comprised of working with affected parts of the
criminal justice and child care systems as well as with local
government, legislative, and executive authorities to effectively carry out these chapters. The department shall work
with all such entities to ensure that chapters 13.32A and
13.34 RCW are implemented in a uniform manner throughout the state.
74.13.036
(2) The department shall develop a plan and procedures,
in cooperation with the statewide advisory committee, to
insure the full implementation of the provisions of chapter
13.32A RCW. Such plan and procedures shall include but
are not limited to:
(a) Procedures defining and delineating the role of the
department and juvenile court with regard to the execution of
the child in need of services placement process;
(b) Procedures for designating department staff responsible for family reconciliation services;
(c) Procedures assuring enforcement of contempt proceedings in accordance with RCW 13.32A.170 and
13.32A.250; and
(d) Procedures for the continued education of all individuals in the criminal juvenile justice and child care systems
who are affected by chapter 13.32A RCW, as well as members of the legislative and executive branches of government.
There shall be uniform application of the procedures
developed by the department and juvenile court personnel, to
the extent practicable. Local and regional differences shall
be taken into consideration in the development of procedures
required under this subsection.
(3) In addition to its other oversight duties, the department shall:
(a) Identify and evaluate resource needs in each region of
the state;
(b) Disseminate information collected as part of the
oversight process to affected groups and the general public;
(c) Educate affected entities within the juvenile justice
and child care systems, local government, and the legislative
branch regarding the implementation of chapters 13.32A and
13.34 RCW;
(d) Review complaints concerning the services, policies,
and procedures of those entities charged with implementing
chapters 13.32A and 13.34 RCW; and
(e) Report any violations and misunderstandings regarding the implementation of chapters 13.32A and 13.34 RCW.
(4) The department shall provide an annual report to the
legislature not later than December 1 of each year only when
it has declined to accept custody of a child from a law
enforcement agency or it has received a report of a child
being released without placement. The report shall indicate
the number of times it has declined to accept custody of a
child from a law enforcement agency under chapter 13.32A
RCW and the number of times it has received a report of a
child being released without placement under RCW
13.32A.060(1)(c). The report shall include the dates, places,
and reasons the department declined to accept custody and
the dates and places children are released without placement.
[2003 c 207 § 2; 1996 c 133 § 37; 1995 c 312 § 65; 1989 c 175
§ 147; 1987 c 505 § 70; 1985 c 257 § 11; 1981 c 298 § 18;
1979 c 155 § 82.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1985 c 257: See note following RCW 13.34.165.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following RCW
13.04.011.
[2003 RCW Supp—page 877]
74.13.550
Title 74 RCW: Public Assistance
74.13.550
74.13.550 Child placement—Policy of educational
continuity. It is the policy of the state of Washington that,
whenever practical and in the best interest of the child, children placed into foster care shall remain enrolled in the
schools they were attending at the time they entered foster
care. [2003 c 112 § 2.]
Findings—Intent—2003 c 112: "The legislature finds that the educational attainment of children in foster care is significantly lower than that of
children not in foster care. The legislature finds that many factors influence
educational outcomes for children in foster care, including the disruption of
the educational process because of repeatedly changing schools.
The legislature recognizes the importance of educational stability for
foster children, and encourages the ongoing efforts of the department of
social and health services and the office of the superintendent of public
instruction to improve educational attainment of children in foster care. It is
the intent of the legislature that efforts continue such as the recruitment of
foster homes in school districts with high rates of foster care placements, the
development and dissemination of informational materials regarding the
challenges faced by children in foster care, and the expansion to other school
districts of best practices identified in pilot projects." [2003 c 112 § 1.]
74.13.560
74.13.560 Educational continuity—Protocol development. The administrative regions of the department shall
develop protocols with the respective school districts in their
regions specifying specific strategies for communication,
coordination, and collaboration regarding the status and
progress of foster children placed in the region, in order to
maximize the educational continuity and achievement for
foster children. The protocols shall include methods to
assure effective sharing of information consistent with RCW
28A.225.330. [2003 c 112 § 3.]
Findings—Intent—2003 c 112: See note following RCW 74.13.550.
74.13.570
74.13.570 Oversight committee—Duties. (1) The
department shall establish an oversight committee composed
of staff from the children's administration of the department,
the office of the superintendent of public instruction, and
advocacy agencies to develop strategies for maintaining foster children in the schools they were attending at the time
they entered foster care.
(2) The duties of the oversight committee shall include,
but are not limited to:
(a) Developing strategies for school-based recruitment
of foster homes;
(b) Monitoring the progress of current pilot projects that
assist foster children to continue attending the schools they
were attending at the time they entered foster care;
(c) Overseeing the expansion of the number of pilot
projects;
(d) Promoting the use of best practices, throughout the
state, demonstrated by the pilot projects and other programs
relating to maintaining foster children in the schools they
were attending at the time they entered foster care; and
(e) Informing the legislature of the status of efforts to
maintain foster children in the schools they were attending at
the time they entered foster care. [2003 c 112 § 4.]
Findings—Intent—2003 c 112: See note following RCW 74.13.550.
74.13.580
74.13.580 Educational stability during shelter care
hearing—Protocol development. The department shall
work with the administrative office of the courts to develop
protocols to ensure that educational stability is addressed during the shelter care hearing. [2003 c 112 § 5.]
[2003 RCW Supp—page 878]
Findings—Intent—2003 c 112: See note following RCW 74.13.550.
74.13.590
74.13.590 Tasks to be performed based on available
resources. The department shall perform the tasks provided
in RCW 74.13.550 through 74.13.580 based on available
resources. [2003 c 112 § 6.]
Findings—Intent—2003 c 112: See note following RCW 74.13.550.
74.13.600
74.13.600 Kinship caregivers—Definition—Placement of children with kin a priority—Strategies. (1) For
the purposes of this section, "kin" means persons eighteen
years of age or older to whom the child is related by blood,
adoption, or marriage, including marriages that have been
dissolved, and means: (a) Any person denoted by the prefix
"grand" or "great"; (b) sibling, whether full, half, or step; (c)
uncle or aunt; (d) nephew or niece; or (e) first cousin.
(2) The department shall plan, design, and implement
strategies to prioritize the placement of children with willing
and able kin when out-of-home placement is required.
These strategies must include at least the following:
(a) Development of standardized, statewide procedures
to be used when searching for kin of children prior to out-ofhome placement. The procedures must include a requirement
that documentation be maintained in the child's case record
that identifies kin, and documentation that identifies the
assessment criteria and procedures that were followed during
all kin searches. The procedures must be used when a child
is placed in out-of-home care under authority of chapter
13.34 RCW, when a petition is filed under RCW 13.32A.140,
or when a child is placed under a voluntary placement agreement. To assist with implementation of the procedures, the
department shall request that the juvenile court require parents to disclose to the department all contact information for
available and appropriate kin within two weeks of an entered
order. For placements under signed voluntary agreements,
the department shall encourage the parents to disclose to the
department all contact information for available and appropriate kin within two weeks of the date the parent signs the
voluntary placement agreement.
(b) Development of procedures for conducting active
outreach efforts to identify and locate kin during all searches.
The procedures must include at least the following elements:
(i) Reasonable efforts to interview known kin, friends,
teachers, and other identified community members who may
have knowledge of the child's kin, within sixty days of the
child entering out-of-home care;
(ii) Increased use of those procedures determined by
research to be the most effective methods of promoting reunification efforts, permanency planning, and placement decisions;
(iii) Contacts with kin identified through outreach efforts
and interviews under this subsection as part of permanency
planning activities and change of placement discussions;
(iv) Establishment of a process for ongoing contact with
kin who express interest in being considered as a placement
resource for the child; and
(v) A requirement that when the decision is made to not
place the child with any kin, the department provides documentation as part of the child's individual service and safety
plan that clearly identifies the rationale for the decision and
Children and Family Services
corrective action or actions the kin must take to be considered
as a viable placement option.
(3) Nothing in this section shall be construed to create an
entitlement to services or to create judicial authority to order
the provision of services to any person or family if the services are unavailable or unsuitable or the child or family is
not eligible for such services. [2003 c 284 § 1.]
74.13.610
74.13.610 Kinship caregivers—Grant proposal—
Pilot projects. (Expires January 1, 2007.) (1) The department of social and health services shall collaborate with one
or more nonprofit community-based agencies to develop a
grant proposal for submission to potential funding sources,
including governmental entities and private foundations, to
establish a minimum of two pilot projects to assist kinship
caregivers with understanding and navigating the system of
services for children in out-of-home care. The proposal must
seek to establish at least one project in eastern Washington
and one project in western Washington, each project to be
managed by a participating community-based agency.
(2) The kinship care navigators funded through the proposal shall be responsible for at least the following:
(a) Understanding the various state agency systems serving kinship caregivers;
(b) Working in partnership with local community service
providers;
(c) Tracking trends, concerns, and other factors related to
kinship caregivers; and
(d) Assisting in establishing stable, respectful relationships between kinship caregivers and department staff.
(3) Implementation of the kinship care navigator pilot
projects is contingent upon receipt of nonstate or private
funding for that purpose.
(4) For the purposes of this section, "kinship" has the
same meaning as "kin" given in RCW 74.13.600(1).
(5) This section expires January 1, 2007. [2003 c 284 §
2.]
74.13.620
74.13.620 Kinship care oversight committee—
Duties—Report. (Expires January 1, 2005.) (1) Within
existing resources, the department shall establish an oversight committee to monitor, guide, and report on kinship care
recommendations and implementation activities. The committee shall:
(a) Draft a kinship care definition that is restricted to persons related by blood or marriage, including marriages that
have been dissolved, or for a minor defined as an "Indian
child" under the federal Indian child welfare act (25 U.S.C.
Sec. 1901 et seq.), the definition of "extended family member" under the federal Indian child welfare act, and a set of
principles. If the committee concludes that one or more program[s] or service[s] would be more efficiently and effectively delivered under a different definition of kin, it shall
state what definition is needed, and identify the program or
service in the report. It shall also provide evidence of how
the program or service will be more efficiently and effectively delivered under the different definition. The department shall not adopt rules or policies changing the definition
of kin without authorizing legislation;
(b) Monitor the implementation of recommendations
contained in the 2002 kinship care report;
74.14A.050
(c) Partner with nonprofit organizations and private sector businesses to guide a public education awareness campaign; and
(d) Assist with developing future recommendations on
kinship care issues.
(2) The oversight committee must consist of a minimum
of thirty percent kinship caregivers, who shall represent a
diversity of kinship families. Statewide representation with
geographic, ethnic, and gender diversity is required. Other
members shall include representatives of the department, representatives of relevant state agencies, representatives of the
private nonprofit and business sectors, child advocates, representatives of Washington state Indian tribes as defined under
the federal Indian welfare act (25 U.S.C. Sec. 1901 et seq.),
and representatives of the legal or judicial field. Birth parents, foster parents, and others who have an interest in these
issues may also be included.
(3) To the extent funding is available, the department
may reimburse nondepartmental members of the oversight
committee for costs incurred in participating in the meetings
of the oversight committee.
(4) The kinship care oversight committee shall report to
the legislature and the governor on the status of kinship care
issues by December 1, 2004.
(5) This section expires January 1, 2005. [2003 c 284 §
4.]
Chapter 74.14A
Chapter 74.14A RCW
CHILDREN AND FAMILY SERVICES
Sections
74.14A.050 Identification of children in a state-assisted support system—
Program development for long-term care—Foster care caseload—Emancipation of minors study.
74.14A.050
74.14A.050 Identification of children in a stateassisted support system—Program development for longterm care—Foster care caseload—Emancipation of
minors study. The secretary shall:
(1)(a) Consult with relevant qualified professionals to
develop a set of minimum guidelines to be used for identifying all children who are in a state-assisted support system,
whether at-home or out-of-home, who are likely to need
long-term care or assistance, because they face physical,
emotional, medical, mental, or other long-term challenges;
(b) The guidelines must, at a minimum, consider the following criteria for identifying children in need of long-term
care or assistance:
(i) Placement within the foster care system for two years
or more;
(ii) Multiple foster care placements;
(iii) Repeated unsuccessful efforts to be placed with a
permanent adoptive family;
(iv) Chronic behavioral or educational problems;
(v) Repetitive criminal acts or offenses;
(vi) Failure to comply with court-ordered disciplinary
actions and other imposed guidelines of behavior, including
drug and alcohol rehabilitation; and
(vii) Chronic physical, emotional, medical, mental, or
other similar conditions necessitating long-term care or assistance;
[2003 RCW Supp—page 879]
Chapter 74.14C
Title 74 RCW: Public Assistance
(2) Develop programs that are necessary for the longterm care of children and youth that are identified for the purposes of this section. Programs must: (a) Effectively address
the educational, physical, emotional, mental, and medical
needs of children and youth; and (b) incorporate an array of
family support options, to individual needs and choices of the
child and family. The programs must be ready for implementation by January 1, 1995;
(3) Conduct an evaluation of all children currently within
the foster care agency caseload to identify those children who
meet the criteria set forth in this section. All children entering the foster care system must be evaluated for identification
of long-term needs within thirty days of placement;
(4) As a result of the passage of chapter 232, Laws of
2000, the department is conducting a pilot project to do a
comparative analysis of a variety of assessment instruments
to determine the most effective tools and methods for evaluation of children. The pilot project may extend through
August 31, 2001. The department shall report to the appropriate committees in the senate and house of representatives
by September 30, 2001, on the results of the pilot project.
The department shall select an assessment instrument that
can be implemented within available resources. The department shall complete statewide implementation by December
31, 2001. The department shall report to the appropriate
committees in the senate and house of representatives on how
the use of the selected assessment instrument has affected
department policies, by no later than December 31, 2002,
December 31, 2004, and December 31, 2006;
(5) Use the assessment tool developed pursuant to subsection (4) of this section in making out-of-home placement
decisions for children;
(6) Each region of the department shall make the appropriate number of referrals to the foster care assessment program to ensure that the services offered by the program are
used to the extent funded pursuant to the department's contract with the program. The department shall report to the
legislature by November 30, 2000, on the number of referrals, by region, to the foster care assessment program. If the
regions are not referring an adequate number of cases to the
program, the department shall include in its report an explanation of what action it is or has taken to ensure that the referrals are adequate;
(7) The department shall report to the legislature by
December 15, 2000, on how it will use the foster care assessment program model to assess children as they enter out-ofhome care;
(8) The department is to accomplish the tasks listed in
subsections (4) through (7) of this section within existing
resources;
(9) Study and develop a comprehensive plan for the evaluation and identification of all children and youth in need of
long-term care or assistance, including, but not limited to, the
mentally ill, developmentally disabled, medically fragile,
seriously emotionally or behaviorally disabled, and physically impaired;
(10) Study and develop a plan for the children and youth
in need of long-term care or assistance to ensure the coordination of services between the department's divisions and
between other state agencies who are involved with the child
or youth;
[2003 RCW Supp—page 880]
(11) Study and develop guidelines for transitional services, between long-term care programs, based on the person's age or mental, physical, emotional, or medical condition; and
(12) Study and develop a statutory proposal for the
emancipation of minors. [2003 c 207 § 9; 2001 c 255 § 1;
2000 c 232 § 1; 1998 c 245 § 149; 1993 c 508 § 7; 1993 c 505
§ 5.]
Section captions—Conflict with federal requirements—Severability—Effective date—1993 c 508: See RCW 74.39A.900 through
74.39A.903.
Emancipation of minors: Chapter 13.64 RCW.
Chapter 74.14C
Chapter 74.14C RCW
FAMILY PRESERVATION SERVICES
Sections
74.14C.070 Appropriations—Transfer of funds from foster care services to
family preservation services—Annual report.
74.14C.070
74.14C.070 Appropriations—Transfer of funds from
foster care services to family preservation services—
Annual report. The secretary of social and health services,
or the secretary's regional designee, may transfer funds
appropriated for foster care services to purchase preservation
services and other preventive services for children at imminent risk of out-of-home placement or who face a substantial
likelihood of out-of-home placement. This transfer may be
made in those regions that lower foster care expenditures
through efficient use of preservation services and permanency planning efforts. The transfer shall be equivalent to
the amount of reduced foster care expenditures and shall be
made in accordance with the provisions of this chapter and
with the approval of the office of financial management. The
department shall present an annual report to the legislature
regarding any transfers under this section only if transfers
occur. The department shall include caseload, expenditure,
cost avoidance, identified improvements to the out-of-home
care system, and outcome data related to the transfer in the
report. The department shall also include in the report information regarding:
(1) The percent of cases where a child is placed in out-ofhome care after the provision of intensive family preservation
services or family preservation services;
(2) The average length of time before the child is placed
out-of-home;
(3) The average length of time the child is placed out-ofhome; and
(4) The number of families that refused the offer of
either family preservation services or intensive family preservation services. [2003 c 207 § 3; 1995 c 311 § 11; 1994 c 288
§ 3; 1992 c 214 § 9.]
Funds transfer review: "The juvenile issues task force established
under chapter 234, Laws of 1991, shall review the advisability of transferring
appropriated funds from foster care to purchase family preservation services
for children at imminent risk of foster care placement and include findings
and recommendations on the transfer of funds to the appropriate committees
of the senate and house of representatives by December 15, 1992. The task
force shall identify ways to improve the foster care system and expand family preservation services with the savings generated by avoiding the placement of children at imminent risk of foster care placement through the provision of family preservation services." [1992 c 214 § 10.]
Department of Services for the Blind
Chapter 74.18 RCW
DEPARTMENT OF SERVICES FOR THE BLIND
74.18.060
Chapter 74.18
Sections
74.18.010
74.18.020
74.18.045
74.18.050
74.18.060
74.18.070
74.18.090
74.18.110
74.18.120
74.18.123
74.18.127
74.18.130
74.18.140
74.18.150
74.18.160
74.18.170
74.18.180
74.18.200
74.18.210
74.18.230
74.18.250
Intent.
Definitions.
Telephonic reading service.
Appointment of personnel.
Department—Powers and duties.
Rehabilitation council for the blind—Membership.
Rehabilitation council for the blind—Powers.
Receipt of gifts, grants, and bequests.
Administrative hearing—Appeal—Rules.
Background checks—Individuals having unsupervised access
to persons with significant disabilities—Rules.
Confidentiality of personal information, records—Rules.
Vocational rehabilitation—Eligibility.
Vocational rehabilitation—Services.
Vocational rehabilitation—Grants of equipment and material.
Repealed.
Rehabilitation or habilitation facilities authorized.
Services for independent living.
Business enterprises program—Definitions.
Business enterprises program—Purposes.
Business enterprises revolving account.
Repealed.
74.18.010
74.18.010 Intent. The purposes of this chapter are to
promote employment and independence of blind persons in
the state of Washington through their complete integration
into society on the basis of equality, and to encourage public
acceptance of the abilities of blind persons. [2003 c 409 § 2;
1983 c 194 § 1.]
Findings—2003 c 409: "The legislature finds and declares the following:
(1) Thousands of citizens in the state have disabilities, including blindness or visual impairment, that prevent them from using conventional print
material.
(2) Governmental and nonprofit organizations provide access to reading material by specialized means, including books and magazines prepared
in braille, audio, and large-type formats.
(3) Access to time-sensitive or local or regional publications, or both,
is not feasible to produce through these traditional means and formats.
(4) Lack of direct and prompt access to information included in newspapers, magazines, newsletters, schedules, announcements, and other timesensitive materials limits educational opportunities, literacy, and full participation in society by people with print disabilities.
(5) Creation and storage of information by computer results in electronic files used for publishing and distribution.
(6) The use of high-speed computer and telecommunications technology combined with customized software provides a practical and cost-effective means to convert electronic text-based information, including daily
newspapers, into synthetic speech suitable for statewide distribution by telephone.
(7) Telephonic distribution of time-sensitive information, including
daily newspapers, will enhance the state's current efforts to meet the needs of
blind and disabled citizens for access to information which is otherwise
available in print, thereby reducing isolation and supporting full integration
and equal access for such individuals." [2003 c 409 § 1.]
74.18.020
74.18.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means an agency of state government
called the department of services for the blind.
(2) "Director" means the director of the department of
services for the blind. The director is appointed by the governor with the consent of the senate.
(3) "Rehabilitation council for the blind" means the body
of members appointed by the governor in accordance with
the provisions of RCW 74.18.070 to advise the state agency.
(4) "Blind person" means a person who: (a) Has no
vision or whose vision with corrective lenses is so limited
that the individual requires alternative methods or skills to do
efficiently those things that are ordinarily done with sight by
individuals with normal vision; (b) has an eye condition of a
progressive nature which may lead to blindness; or (c) is
blind for purposes of the business enterprise program as set
forth in RCW 74.18.200 through 74.18.230 in accordance
with requirements of the Randolph-Sheppard Act of 1936.
(5) "Telephonic reading service" means audio information provided by telephone, including the acquisition and distribution of daily newspapers and other information of local,
state, or national interest. [2003 c 409 § 3; 1983 c 194 § 2.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.045
74.18.045 Telephonic reading service. (1)(a) The
director shall provide access to a telephonic reading service
for blind and disabled persons.
(b) The director shall establish criteria for eligibility for
blind and disabled persons who may receive the telephonic
reading services. The criteria may be based upon the eligibility criteria for persons who receive services established by
the national library service for the blind and physically handicapped of the library of congress.
(2) The director may enter into contracts or other agreements that he or she determines to be appropriate to provide
telephonic reading services pursuant to this section.
(3) The director may expand the type and scope of materials available on the telephonic reading service in order to
meet the local, regional, or foreign language needs of blind or
visually impaired residents of this state. The director may
also expand the scope of services and availability of telephonic reading services by current methods and technologies
that may be developed. The director may inform current and
potential patrons of the availability of telephonic reading services through appropriate means, including, but not limited
to, direct mailings, direct telephonic contact, and public service announcements.
(4) The director may expend moneys from the business
enterprises revolving account accrued from vending machine
sales in state and local government buildings, as well as
donations and grants, for the purpose of supporting the cost
of activities described in this section. [2003 c 409 § 4.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.050
74.18.050 Appointment of personnel. The director
may appoint such personnel as necessary, none of whom
shall be members of the rehabilitation council for the blind.
The director and other personnel who are assigned substantial
responsibility for formulating agency policy or directing and
controlling a major administrative division, together with
their confidential secretaries, up to a maximum of six persons, shall be exempt from the provisions of chapter 41.06
RCW. [2003 c 409 § 5; 1983 c 194 § 5.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.060
74.18.060 Department—Powers and duties. The
department shall:
(1) Serve as the sole agency of the state for contracting
for and disbursing all federal and state funds appropriated for
[2003 RCW Supp—page 881]
74.18.070
Title 74 RCW: Public Assistance
74.18.110
programs established by and within the jurisdiction of this
chapter, and make reports and render accounting as may be
required;
(2) Adopt rules, in accordance with chapter 34.05 RCW,
necessary to carry out the purposes of this chapter;
(3) Negotiate agreements with other state agencies to
provide services so that individuals of any age who are blind
or are both blind and otherwise disabled receive the most
beneficial services. [2003 c 409 § 6; 1983 c 194 § 6.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.110 Receipt of gifts, grants, and bequests. The
department may receive, accept, and disburse gifts, grants,
conveyances, devises, and bequests from public or private
sources, in trust or otherwise, if the terms and conditions
thereof will provide services for blind persons in a manner
consistent with the purposes of this chapter and with other
provisions of law. Any money so received shall be deposited
in the state treasury for investment or expenditure in accordance with the conditions of its receipt. [2003 c 409 § 9;
1983 c 194 § 11.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.070
74.18.070 Rehabilitation council for the blind—
Membership. (1) There is hereby created the rehabilitation
council for the blind. The rehabilitation council shall consist
of the minimum number of voting members to meet the
requirements of the rehabilitation council required under the
federal rehabilitation act of 1973 as now or hereafter
amended. A majority of the voting members shall be blind
persons. Rehabilitation council members shall be residents
of the state of Washington, and shall be appointed in accordance with the categories of membership specified in the federal rehabilitation act of 1973 as now or hereafter amended.
The director of the department shall be an ex officio, nonvoting member.
(2) The governor shall appoint members of the rehabilitation council for terms of three years, except that the initial
appointments shall be as follows: (a) Three members for
terms of three years; (b) two members for terms of two years;
and (c) other members for terms of one year. Vacancies in
the membership of the rehabilitation council shall be filled by
the governor for the remainder of the unexpired term.
(3) The governor may remove members of the rehabilitation council for cause. [2003 c 409 § 7; 2000 c 57 § 1; 1983
c 194 § 7.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.090
74.18.090 Rehabilitation council for the blind—Powers. The rehabilitation council for the blind may:
(1) Provide counsel to the director in developing,
reviewing, making recommendations, and agreeing on the
department's state plan for vocational rehabilitation, budget
requests, permanent rules concerning services to blind persons, and other major policies which impact the quality or
quantity of services for blind persons;
(2) Undertake annual reviews with the director of the
needs of blind persons, the effectiveness of the services and
priorities of the department to meet those needs, and the measures that could be taken to improve the department's services;
(3) Annually make recommendations to the governor
and the legislature on issues related to the department, other
state agencies, or state laws which have a significant effect on
the opportunities, services, or rights of blind persons;
(4) Advise and make recommendations to the governor
on the criteria and qualifications pertinent to the selection of
the director;
(5) Perform additional functions as required by the federal rehabilitation act of 1973 as now or hereafter amended.
[2003 c 409 § 8; 2000 c 57 § 3; 1983 c 194 § 9.]
Findings—2003 c 409: See note following RCW 74.18.010.
[2003 RCW Supp—page 882]
74.18.120
74.18.120 Administrative hearing—Appeal—Rules.
(1) An applicant or eligible person who is dissatisfied with a
decision, action, or inaction made by the department or its
agents regarding that person's eligibility or department services provided to that person is entitled to an administrative
hearing. Such administrative hearings shall be conducted
pursuant to chapter 34.05 RCW by an administrative law
judge.
(2) The applicant or eligible individual may appeal final
decisions issued following administrative hearings under
RCW 34.05.510 through 34.05.598.
(3) The department shall develop rules governing other
processes for dispute resolution as required under the federal
rehabilitation act of 1973. [2003 c 409 § 10; 1989 c 175 §
150; 1983 c 194 § 12.]
Findings—2003 c 409: See note following RCW 74.18.010.
Effective date—1989 c 175: See note following RCW 34.05.010.
74.18.123
74.18.123 Background checks—Individuals having
unsupervised access to persons with significant disabilities—Rules. (1) The department shall investigate the conviction records, pending charges, and disciplinary board final
decisions of individuals acting on behalf of the department
who will or may have unsupervised access to persons with
significant disabilities as defined by the federal rehabilitation
act of 1973. This includes:
(a) Current employees of the department;
(b) Applicants seeking or being considered for any position with the department; and
(c) Any service provider, contractor, student intern, volunteer, or other individual acting on behalf of the department.
(2) The investigation shall consist of a background check
as allowed through the Washington state criminal records privacy act under RCW 10.97.050, the Washington state patrol
criminal identification system under RCW 43.43.832 through
43.43.834, and the federal bureau of investigation. The background check shall include a fingerprint check using a complete Washington state criminal identification fingerprint
card. If the applicant or service provider has had a background check within the previous two years, the department
may waive the requirement.
(3) When necessary, applicants may be employed and
service providers may be engaged on a conditional basis
pending completion of the background check.
(4) The department shall use the information solely to
determine the character, suitability, and competence of
employees, applicants, service providers, contractors, student
Department of Services for the Blind
interns, volunteers, and other individuals in accordance with
RCW 41.06.475.
(5) The department shall adopt rules addressing procedures for undertaking background checks which shall
include, but not be limited to, the following:
(a) The manner in which the individual will be provided
access to and review of information obtained based on the
background check required;
(b) Assurance that access to background check information shall be limited to only those individuals processing the
information at the department;
(c) Action that shall be taken against a current employee,
service provider, contractor, student intern, or volunteer who
is disqualified from a position because of a background check
not previously performed.
(6) The department shall determine who will pay costs
associated with the background check. [2003 c 409 § 11.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.127
74.18.127 Confidentiality of personal information,
records—Rules. (1) Personal information and records
obtained and retained by the department concerning applicants and eligible individuals are confidential, are not subject
to public disclosure, and may be released only in accordance
with law or with this provision.
(2) The department shall adopt rules and develop contract language to safeguard the confidentiality of all personal
information, including photographs and lists of names. Rules
and contract language shall ensure that:
(a) Specific safeguards are established to protect all current and future stored personal information;
(b) Specific safeguards and procedures are established
for the release of personal health information in accordance
with the health insurance portability and accountability act of
1996, 45 C.F.R. 160 through 45 C.F.R. 164;
(c) All applicants and eligible individuals and, as appropriate, those individuals' representatives, service providers,
cooperating agencies, and interested persons are informed
upon initial intake of the confidentiality of personal information and the conditions for accessing and releasing this information;
(d) All applicants or their representatives are informed
about the department's need to collect personal information
and the policies governing its use, including: (i) Identification of the authority under which information is collected; (ii)
explanation of the principal purposes for which the department intends to use or release the information; (iii) explanation of whether providing requested information to the
department is mandatory or voluntary and the effects of not
providing requested information; (iv) identification of those
situations in which the department requires or does not
require informed written consent of the individual before
information may be released; and (v) identification of other
agencies to which information is routinely released; and
(e) An explanation of department policies and procedures affecting personal information will be provided at
intake or on request to each individual in that individual's
native language and in an appropriate format including but
not limited to braille, audio recording, electronic media, or
large print. [2003 c 409 § 12.]
74.18.180
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.130
74.18.130 Vocational rehabilitation—Eligibility. The
department shall provide a program of vocational rehabilitation to assist blind persons to overcome barriers to employment and to develop skills necessary for employment and
independence. Applicants eligible for vocational rehabilitation services shall be blind persons who also meet eligibility
requirements as specified in the federal rehabilitation act of
1973. [2003 c 409 § 13; 1983 c 194 § 13.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.140
74.18.140 Vocational rehabilitation—Services. The
department shall ensure that vocational rehabilitation services in accordance with requirements under the federal rehabilitation act of 1973 are available to meet the identified
requirements of each eligible individual in preparing for,
securing, retaining, or regaining an employment outcome that
is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed
choice. [2003 c 409 § 14; 1983 c 194 § 14.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.150
74.18.150 Vocational rehabilitation—Grants of
equipment and material. The department may grant to eligible participants in the vocational rehabilitation program
equipment and materials in accordance with the provisions
related to transfer of capital assets as set forth by the office of
financial management in the state administrative and
accounting manual, provided that the equipment or materials
are required by the individual's plan for employment and are
used in a manner consistent therewith. The department shall
adopt rules to implement this section. [2003 c 409 § 15; 1996
c 7 § 1; 1983 c 194 § 15.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.160
74.18.160 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
74.18.170
74.18.170 Rehabilitation or habilitation facilities
authorized. The department may establish, construct, and/or
operate rehabilitation or habilitation facilities to provide
instruction in alternative skills necessary to adjust to blindness or substantial vision loss, to assist blind persons to
develop increased confidence and independence, or to provide other services consistent with the purposes of this chapter. The department shall adopt rules concerning selection
criteria for participation, services, and other matters necessary for efficient and effective operation of such facilities.
[2003 c 409 § 16; 1983 c 194 § 16.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.180
74.18.180 Services for independent living. (1) The
department may provide a program of independent living services for blind persons who are not seeking vocational rehabilitation services.
(2) Independent living services may include, but are not
limited to, instruction in adaptive skills of blindness, counseling regarding adjustment to vision loss, and provision of
adaptive devices that enable service recipients to participate
[2003 RCW Supp—page 883]
74.18.200
Title 74 RCW: Public Assistance
in the community and maintain or increase their independence. [2003 c 409 § 17; 1983 c 194 § 18.]
Findings—2003 c 409: See note following RCW 74.18.010.
ment opportunities for blind persons, and to encourage blind
persons to become successful, independent business persons.
[2003 c 409 § 19; 1983 c 194 § 21.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.200
74.18.200 Business enterprises program—Definitions. Unless the context clearly requires otherwise, the definitions in this section apply in RCW 74.18.200 through
74.18.230.
(1) "Business enterprises program" means a program
operated by the department under the federal RandolphSheppard Act, 20 U.S.C. Sec. 107 et seq., and under this
chapter in support of blind persons operating vending businesses in public buildings.
(2) "Vending facility" means any stand, snack bar, cafeteria, or business at which food, tobacco, sundries, or other
retail merchandise or service is sold or provided.
(3) "Vending machine" means any coin-operated
machine that sells or provides food, tobacco, sundries, or
other retail merchandise or service.
(4) "Blind person" means a person whose central visual
acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is
accompanied by a limit to the field of vision in the better eye
to such a degree that its widest diameter subtends an angle of
no greater than twenty degrees. In determining whether an
individual is blind, there shall be an examination by a physician skilled in diseases of the eye, or by an optometrist,
whichever the individual selects.
(5) "Licensee" means a blind person licensed by the state
of Washington under the Randolph-Sheppard Act, this chapter, and the rules issued hereunder.
(6) "Public building" means any building and immediately adjacent outdoor space associated therewith, such as a
patio or entryway, which is: (a) Owned by the state of Washington or any political subdivision thereof or any space
leased by the state of Washington or any political subdivision
thereof in any privately-owned building; and (b) dedicated to
the administrative functions of the state or any political subdivision. However, this term shall not include property under
the jurisdiction and control of a local board of education
without the consent of such board.
(7) "Priority" means the department has first and primary
right to operate the food service and vending facilities,
including vending machines, on federal, state, county, municipal, and other local government property except those otherwise exempted by statute. Such right may, at the sole discretion of the department, be waived in the event that the department is temporarily unable to assert the priority. [2003 c 409
§ 18; 1985 c 97 § 1; 1983 c 194 § 20.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.210
74.18.210 Business enterprises program—Purposes.
The department shall maintain or cause to be maintained a
business enterprises program for blind persons to operate
vending facilities in public buildings. The purposes of the
business enterprises program are to implement the RandolphSheppard Act and thereby give priority to qualified blind persons in operating vending facilities on federal property, to
make similar provisions for vending facilities in public buildings in the state of Washington and thereby increase employ[2003 RCW Supp—page 884]
74.18.230
74.18.230 Business enterprises revolving account. (1)
There is established in the state treasury an account known as
the business enterprises revolving account.
(2) The net proceeds from any vending machine operation in a public building, other than an operation managed by
a licensee, shall be made payable to the business enterprises
program, which will pay only the blind vendors' portion, at
the subscriber's rate, for the purpose of funding a plan of
health insurance for blind vendors, as provided in RCW
41.05.225. Net proceeds, for purposes of this section, means
gross sales less state sales tax and a fair minimum return to
the vending machine owner or service provider, which return
shall be a reasonable amount to be determined by the department.
(3) All federal moneys in the business enterprises revolving account shall be expended only for development and
expansion of locations, equipment, management services,
and payments to licensees in the business enterprises program.
(4) The business enterprises program shall be supported
by the business enterprises revolving account and by income
which may accrue to the department pursuant to the federal
Randolph-Sheppard Act. [2003 c 409 § 20; 2002 c 71 § 2;
1993 c 369 § 1; 1991 sp.s. c 13 §§ 19, 116. Prior: 1985 c 97
§ 2; 1985 c 57 § 72; 1983 c 194 § 23.]
Findings—2003 c 409: See note following RCW 74.18.010.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
74.18.250
74.18.250 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 74.34
Chapter 74.34 RCW
ABUSE OF VULNERABLE ADULTS
Sections
74.34.020
74.34.035
74.34.020
Definitions.
Reports—Mandated and permissive—Contents—Confidentiality.
74.34.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Abandonment" means action or inaction by a person
or entity with a duty of care for a vulnerable adult that leaves
the vulnerable person without the means or ability to obtain
necessary food, clothing, shelter, or health care.
(2) "Abuse" means the willful action or inaction that
inflicts injury, unreasonable confinement, intimidation, or
punishment on a vulnerable adult. In instances of abuse of a
vulnerable adult who is unable to express or demonstrate
physical harm, pain, or mental anguish, the abuse is presumed to cause physical harm, pain, or mental anguish.
Abuse includes sexual abuse, mental abuse, physical abuse,
Abuse of Vulnerable Adults
and exploitation of a vulnerable adult, which have the following meanings:
(a) "Sexual abuse" means any form of nonconsensual
sexual contact, including but not limited to unwanted or inappropriate touching, rape, sodomy, sexual coercion, sexually
explicit photographing, and sexual harassment. Sexual abuse
includes any sexual contact between a staff person, who is
not also a resident or client, of a facility or a staff person of a
program authorized under chapter 71A.12 RCW, and a vulnerable adult living in that facility or receiving service from a
program authorized under chapter 71A.12 RCW, whether or
not it is consensual.
(b) "Physical abuse" means the willful action of inflicting bodily injury or physical mistreatment. Physical abuse
includes, but is not limited to, striking with or without an
object, slapping, pinching, choking, kicking, shoving, prodding, or the use of chemical restraints or physical restraints
unless the restraints are consistent with licensing requirements, and includes restraints that are otherwise being used
inappropriately.
(c) "Mental abuse" means any willful action or inaction
of mental or verbal abuse. Mental abuse includes, but is not
limited to, coercion, harassment, inappropriately isolating a
vulnerable adult from family, friends, or regular activity, and
verbal assault that includes ridiculing, intimidating, yelling,
or swearing.
(d) "Exploitation" means an act of forcing, compelling,
or exerting undue influence over a vulnerable adult causing
the vulnerable adult to act in a way that is inconsistent with
relevant past behavior, or causing the vulnerable adult to perform services for the benefit of another.
(3) "Consent" means express written consent granted
after the vulnerable adult or his or her legal representative has
been fully informed of the nature of the services to be offered
and that the receipt of services is voluntary.
(4) "Department" means the department of social and
health services.
(5) "Facility" means a residence licensed or required to
be licensed under chapter 18.20 RCW, boarding homes;
chapter 18.51 RCW, nursing homes; chapter 70.128 RCW,
adult family homes; chapter 72.36 RCW, soldiers' homes; or
chapter 71A.20 RCW, residential habilitation centers; or any
other facility licensed by the department.
(6) "Financial exploitation" means the illegal or
improper use of the property, income, resources, or trust
funds of the vulnerable adult by any person for any person's
profit or advantage.
(7) "Individual provider" means a person under contract
with the department to provide services in the home under
chapter 74.09 or 74.39A RCW.
(8) "Mandated reporter" is an employee of the department; law enforcement officer; social worker; professional
school personnel; individual provider; an employee of a facility; an operator of a facility; an employee of a social service,
welfare, mental health, adult day health, adult day care, home
health, home care, or hospice agency; county coroner or medical examiner; Christian Science practitioner; or health care
provider subject to chapter 18.130 RCW.
(9) "Neglect" means (a) a pattern of conduct or inaction
by a person or entity with a duty of care that fails to provide
the goods and services that maintain physical or mental
74.34.035
health of a vulnerable adult, or that fails to avoid or prevent
physical or mental harm or pain to a vulnerable adult; or (b)
an act or omission that demonstrates a serious disregard of
consequences of such a magnitude as to constitute a clear and
present danger to the vulnerable adult's health, welfare, or
safety.
(10) "Permissive reporter" means any person, employee
of a financial institution, attorney, or volunteer in a facility or
program providing services for vulnerable adults.
(11) "Protective services" means any services provided
by the department to a vulnerable adult with the consent of
the vulnerable adult, or the legal representative of the vulnerable adult, who has been abandoned, abused, financially
exploited, neglected, or in a state of self-neglect. These services may include, but are not limited to case management,
social casework, home care, placement, arranging for medical evaluations, psychological evaluations, day care, or referral for legal assistance.
(12) "Self-neglect" means the failure of a vulnerable
adult, not living in a facility, to provide for himself or herself
the goods and services necessary for the vulnerable adult's
physical or mental health, and the absence of which impairs
or threatens the vulnerable adult's well-being. This definition
may include a vulnerable adult who is receiving services
through home health, hospice, or a home care agency, or an
individual provider when the neglect is not a result of inaction by that agency or individual provider.
(13) "Vulnerable adult" includes a person:
(a) Sixty years of age or older who has the functional,
mental, or physical inability to care for himself or herself; or
(b) Found incapacitated under chapter 11.88 RCW; or
(c) Who has a developmental disability as defined under
RCW 71A.10.020; or
(d) Admitted to any facility; or
(e) Receiving services from home health, hospice, or
home care agencies licensed or required to be licensed under
chapter 70.127 RCW; or
(f) Receiving services from an individual provider.
[2003 c 230 § 1; 1999 c 176 § 3; 1997 c 392 § 523; 1995 1st
sp.s. c 18 § 84; 1984 c 97 § 8.]
Effective date—2003 c 230: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 12, 2003]." [2003 c 230 § 3.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
74.34.035
74.34.035 Reports—Mandated and permissive—
Contents—Confidentiality. (1) When there is reasonable
cause to believe that abandonment, abuse, financial exploitation, or neglect of a vulnerable adult has occurred, mandated
reporters shall immediately report to the department.
(2) When there is reason to suspect that sexual assault
has occurred, mandated reporters shall immediately report to
the appropriate law enforcement agency and to the department.
[2003 RCW Supp—page 885]
Chapter 74.46
Title 74 RCW: Public Assistance
Chapter 74.46
(3) When there is reason to suspect that physical assault
has occurred or there is reasonable cause to believe that an act
has caused fear of imminent harm:
(a) Mandated reporters shall immediately report to the
department; and
(b) Mandated reporters shall immediately report to the
appropriate law enforcement agency, except as provided in
subsection (4) of this section.
(4) A mandated reporter is not required to report to a law
enforcement agency, unless requested by the injured vulnerable adult or his or her legal representative or family member,
an incident of physical assault between vulnerable adults that
causes minor bodily injury and does not require more than
basic first aid, unless:
(a) The injury appears on the back, face, head, neck,
chest, breasts, groin, inner thigh, buttock, genital, or anal
area;
(b) There is a fracture;
(c) There is a pattern of physical assault between the
same vulnerable adults or involving the same vulnerable
adults; or
(d) There is an attempt to choke a vulnerable adult.
(5) Permissive reporters may report to the department or
a law enforcement agency when there is reasonable cause to
believe that a vulnerable adult is being or has been abandoned, abused, financially exploited, or neglected.
(6) No facility, as defined by this chapter, agency
licensed or required to be licensed under chapter 70.127
RCW, or facility or agency under contract with the department to provide care for vulnerable adults may develop policies or procedures that interfere with the reporting requirements of this chapter.
(7) Each report, oral or written, must contain as much as
possible of the following information:
(a) The name and address of the person making the
report;
(b) The name and address of the vulnerable adult and the
name of the facility or agency providing care for the vulnerable adult;
(c) The name and address of the legal guardian or alternate decision maker;
(d) The nature and extent of the abandonment, abuse,
financial exploitation, neglect, or self-neglect;
(e) Any history of previous abandonment, abuse, financial exploitation, neglect, or self-neglect;
(f) The identity of the alleged perpetrator, if known; and
(g) Other information that may be helpful in establishing
the extent of abandonment, abuse, financial exploitation,
neglect, or the cause of death of the deceased vulnerable
adult.
(8) Unless there is a judicial proceeding or the person
consents, the identity of the person making the report under
this section is confidential. [2003 c 230 § 2; 1999 c 176 § 5.]
Effective date—2003 c 230: See note following RCW 74.34.020.
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
[2003 RCW Supp—page 886]
Chapter 74.46 RCW
NURSING FACILITY MEDICAID
PAYMENT SYSTEM
Sections
74.46.091
74.46.508
74.46.535
Additional reporting requirements for quality maintenance fee.
(Contingent expiration date.)
Direct care component rate allocation—Increases—Rules.
Quality maintenance fee. (Contingent expiration date.)
74.46.091
74.46.091 Additional reporting requirements for
quality maintenance fee. (Contingent expiration date.) (1)
By July 1st of each year, each nursing facility operator shall
file a report with the department of social and health services
listing the patient days and the gross income for the prior calendar year for each nursing facility that he or she operates.
(2) By August 1, 2003, the department of social and
health services shall submit for approval to the federal
department of health and human services a request for a
waiver pursuant to 42 C.F.R. 433.68. The waiver shall identify the nursing facilities that the department proposes to
exempt from the quality maintenance fee. Those facilities
shall include at least:
(a) Nursing facilities operated by any agency of the state
of Washington;
(b) Nursing facilities operated by a public hospital district; and
(c) As many nursing facilities with no or disproportionately low numbers of medicaid-funded residents as, within
the judgment of the department, may be exempted from the
fee pursuant to 42 C.F.R. 433.68.
(3) The department of social and health services shall
notify the department of revenue and the nursing facility
operator of the nursing facilities that would be exempted
from the quality maintenance fee pursuant to the waiver
request submitted to the federal department of health and
human services. The nursing facilities included in the waiver
request may withhold payment of the fee pending final action
by the federal government on the request for waiver.
(4) If the request for waiver is approved, the department
of social and health services shall notify the department of
revenue and the nursing facility operator that no quality
maintenance fee is due from the facility. If the request for
waiver is denied, nursing facility operators who have withheld payment of the fee shall pay all such fees as have been
withheld. No interest or penalties shall be due upon such
withheld payments for the period during which final federal
action was pending.
(5) The department of social and health services shall
take whatever action is necessary to continue the waiver from
the federal government.
(6) The department of social and health services may
adopt such rules, in accordance with chapter 34.05 RCW, as
necessary to provide for effective administration of this section and RCW 74.46.535. [2003 1st sp.s. c 16 § 4.]
Contingent expiration date—Severability—Effective date—2003
1st sp.s. c 16: See notes following RCW 82.71.020.
74.46.508
74.46.508 Direct care component rate allocation—
Increases—Rules. (1) The department is authorized to
increase the direct care component rate allocation calculated
under RCW 74.46.506(5) for residents who have unmet
Forests and Forest Products
76.06.020
76.01.040
exceptional care needs as determined by the department in
rule. The department may, by rule, establish criteria, patient
categories, and methods of exceptional care payment.
(2) The department may by July 1, 2003, adopt rules and
implement a system of exceptional care payments for therapy
care.
(a) Payments may be made on behalf of facility residents
who are under age sixty-five, not eligible for medicare, and
can achieve significant progress in their functional status if
provided with intensive therapy care services.
(b) Payments may be made only after approval of a rehabilitation plan of care for each resident on whose behalf a
payment is made under this subsection, and each resident's
progress must be periodically monitored. [2003 1st sp.s. c 6
§ 1; 1999 c 181 § 2.]
76.01.040 Recodified as RCW 43.30.340. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.01.050
76.01.050 Recodified as RCW 43.30.345. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.01.060
76.01.060 Recodified as RCW 43.30.450. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Chapter 76.06 RCW
FOREST INSECT AND DISEASE CONTROL
Chapter 76.06
Sections
74.46.535
74.46.535 Quality maintenance fee. (Contingent expiration date.) The department of social and health services
shall prospectively add the medicaid cost of the quality maintenance fee under RCW 82.71.020 to the nursing facility
component rate allocation calculated after application of all
other provisions of RCW 74.46.521. [2003 1st sp.s. c 16 § 5.]
Contingent expiration date—Severability—Effective date—2003
1st sp.s. c 16: See notes following RCW 82.71.020.
Title 76
Title 76
FORESTS AND FOREST PRODUCTS
Chapters
76.01 General provisions.
76.06 Forest insect and disease control.
76.09 Forest practices.
76.12 Reforestation.
76.13 Stewardship of nonindustrial forests and woodlands.
76.16 Access to state timber and other valuable material.
76.20 Firewood on state lands.
76.36 Marks and brands.
76.42 Wood debris—Removal from navigable waters.
76.48 Specialized forest products.
Chapter 76.01
Chapter 76.01 RCW
GENERAL PROVISIONS
Sections
76.01.010
76.01.020
76.01.030
76.01.040
76.01.050
76.01.060
Recodified as RCW 79.11.005.
Repealed.
Repealed.
Recodified as RCW 43.30.340.
Recodified as RCW 43.30.345.
Recodified as RCW 43.30.450.
76.01.010
76.01.010 Recodified as RCW 79.11.005. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.01.020
76.01.020 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
76.01.030
76.01.030 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
76.06.010
76.06.020
76.06.130
Forest insects and tree diseases are public nuisance.
Definitions.
Exotic forest insect or disease control—Department's authority and duties—Declaration of forest health emergency.
76.06.010
76.06.010 Forest insects and tree diseases are public
nuisance. The legislature finds and declares that:
(1) Forest insects and forest tree diseases which threaten
the permanent timber production of the forested areas of the
state of Washington are a public nuisance.
(2) Exotic forest insects or diseases, even in small numbers, can constitute serious threats to native forests. Native
tree species may lack natural immunity. There are often no
natural control agents such as diseases, predators, or parasites
to limit populations of exotic forest insects or diseases.
Exotic forest insects or diseases can also outcompete, displace, or destroy habitat of native species. It is in the public
interest to identify, control, and eradicate outbreaks of exotic
forest insects or diseases that threaten the diversity, abundance, and survivability of native forest trees and the environment. [2003 c 314 § 1; 1951 c 233 § 1.]
Findings—2003 c 314: See note following RCW 17.24.220.
76.06.020
76.06.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Agent" means the recognized legal representative,
representatives, agent, or agents for any owner.
(2) "Department" means the department of natural
resources.
(3) "Owner" means and includes persons or their agents.
(4) "Timber land" means any land on which there is a
sufficient number of trees, standing or down, to constitute, in
the judgment of the department, a forest insect or forest disease breeding ground of a nature to constitute a menace, injurious and dangerous to permanent forest growth in the district
under consideration.
(5) "Commissioner" means the commissioner of public
lands.
(6) "Exotic" means not native to forest lands in Washington state.
(7) "Forest land" means any land on which there are sufficient numbers and distribution of trees and associated species to, in the judgment of the department, contribute to the
[2003 RCW Supp—page 887]
76.06.130
Title 76 RCW: Forests and Forest Products
spread of forest insect or forest disease outbreaks that could
be injurious to forest health.
(8) "Forest health" means the condition of a forest being
sound in ecological function, sustainable, resilient, and resistant to insects, diseases, fire, and other disturbance, and having the capacity to meet landowner objectives.
(9) "Forest health emergency" means the introduction of,
or an outbreak of, an exotic forest insect or disease that poses
an imminent danger of damage to the environment by threatening the survivability of native tree species.
(10) "Forest insect or disease" means a living stage of an
insect, other invertebrate animal, or disease-causing organism or agent that can directly or indirectly injure or cause disease or damage in trees, or parts of trees, or in processed or
manufactured wood, or other products of trees.
(11) "Integrated pest management" means a strategy that
uses various combinations of pest control methods, including
biological, cultural, and chemical methods, in a compatible
manner to achieve satisfactory control and ensure favorable
economic and environmental consequences.
(12) "Native" means having populated Washington's forested lands prior to European settlement.
(13) "Outbreak" means a rapidly expanding population
of insects or diseases with potential to spread.
(14) "Person" means any individual, partnership, private,
public, or municipal corporation, county, federal, state, or
local governmental agency, tribes, or association of individuals of whatever nature. [2003 c 314 § 2; 2000 c 11 § 2; 1988
c 128 § 15; 1951 c 233 § 2.]
Findings—2003 c 314: See note following RCW 17.24.220.
The department must proceed with the control of the
exotic forest insects or diseases on affected nonfederal and
nontribal forest lands with or without the cooperation of the
owner. The department may reimburse cooperating forest
landowners and agencies for actual cost of equipment, labor,
and materials utilized in cooperative exotic forest insect or
disease control projects, as agreed to by the department.
A forest health emergency no longer exists when the
department finds that the exotic forest insect or disease has
been controlled or eradicated, that the imminent threat no
longer exists, or that there is no longer good likelihood of
effective control.
Nothing under this chapter diminishes the authority and
responsibility of the department of agriculture under chapter
17.24 RCW. [2003 c 314 § 3.]
Findings—2003 c 314: See note following RCW 17.24.220.
Chapter 76.09
Sections
76.09.020
76.09.030
76.09.050
76.09.055
76.09.060
76.09.063
76.09.220
76.06.130
76.06.130 Exotic forest insect or disease control—
Department's authority and duties—Declaration of forest
health emergency. The department is authorized to contribute resources and expertise to assist the department of agriculture in control or eradication efforts authorized under
chapter 17.24 RCW in order to protect forest lands of the
state.
If either the department of agriculture has not taken
action under chapter 17.24 RCW or the commissioner finds
that additional efforts are required to control or prevent an
outbreak of an exotic forest insect or disease which has not
become so habituated that it can no longer be eradicated and
that poses an imminent danger of damage to the forested
environment by threatening the diversity, abundance, and
survivability of native tree species, or both, the commissioner
may declare a forest health emergency.
Upon declaration of a forest health emergency, the
department must delineate the area at risk and determine the
most appropriate integrated pest management methods to
control the outbreak, in consultation with other interested
agencies, affected tribes, and affected forest landowners. The
department must notify affected forest landowners of its
intent to conduct control operations.
Upon declaration of a forest health emergency by the
commissioner, the department is authorized to enter into
agreements with forest landowners, companies, individuals,
tribal entities, and federal, state, and local agencies to accomplish control of exotic forest insects or diseases on any
affected forest lands using such funds as have been, or may
be, made available.
[2003 RCW Supp—page 888]
Chapter 76.09 RCW
FOREST PRACTICES
76.09.350
76.09.390
76.09.410
76.09.420
76.09.430
76.09.440
76.09.450
76.09.910
76.09.020
Definitions.
Forest practices board—Created—Membership—Terms—
Vacancies—Meetings—Compensation, travel expenses—
Staff.
Rules establishing classes of forest practices—Applications
for classes of forest practices—Approval or disapproval—
Notifications—Procedures—Appeals—Waiver.
Findings—Emergency rule making authorized.
Applications for forest practices—Form—Contents—Conversion of forest land to other use—Six-year moratorium—New
applications—Approval—Emergencies.
Forest practices permit—Habitat incentives agreement.
Forest practices appeals board—Compensation—Travel
expenses—Chair—Office—Quorum—Powers and duties—
Jurisdiction—Review.
Long-term multispecies landscape management plans—Pilot
projects, selection—Plan approval, elements—Notice of
agreement recorded—Memorandums of agreements—
Report, evaluation.
Sale of land or timber rights with continuing obligations—
Notice—Failure to notify—Exemption.
Road maintenance and abandonment plans—Fish passage barriers.
Road maintenance and abandonment plans—Rules—Checklist—Report to the legislature—Emergency rules.
Application to RCW 76.13.150.
Small forest landowner—Fish passage barriers.
Small forest landowner—Defined.
Shoreline management act, hydraulics act, other statutes and
ordinances not modified—Exceptions.
76.09.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Adaptive management" means reliance on scientific
methods to test the results of actions taken so that the management and related policy can be changed promptly and
appropriately.
(2) "Appeals board" means the forest practices appeals
board created by RCW 76.09.210.
(3) "Aquatic resources" includes water quality, salmon,
other species of the vertebrate classes Cephalaspidomorphi
and Osteichthyes identified in the forests and fish report, the
Columbia torrent salamander (Rhyacotriton kezeri), the Cascade torrent salamander (Rhyacotriton cascadae), the Olympic torrent salamander (Rhyacotriton olympian), the Dunn's
salamander (Plethodon dunni), the Van Dyke's salamander
Forest Practices
(Plethodon vandyke), the tailed frog (Ascaphus truei), and
their respective habitats.
(4) "Commissioner" means the commissioner of public
lands.
(5) "Contiguous" means land adjoining or touching by
common corner or otherwise. Land having common ownership divided by a road or other right of way shall be considered contiguous.
(6) "Conversion to a use other than commercial timber
operation" means a bona fide conversion to an active use
which is incompatible with timber growing and as may be
defined by forest practices rules.
(7) "Department" means the department of natural
resources.
(8) "Fish passage barrier" means any artificial instream
structure that impedes the free passage of fish.
(9) "Forest land" means all land which is capable of supporting a merchantable stand of timber and is not being
actively used for a use which is incompatible with timber
growing. Forest land does not include agricultural land that
is or was enrolled in the conservation reserve enhancement
program by contract if such agricultural land was historically
used for agricultural purposes and the landowner intends to
continue to use the land for agricultural purposes in the
future. As it applies to the operation of the road maintenance
and abandonment plan element of the forest practices rules
on small forest landowners, the term "forest land" excludes:
(a) Residential home sites, which may include up to five
acres; and
(b) Cropfields, orchards, vineyards, pastures, feedlots,
fish pens, and the land on which appurtenances necessary to
the production, preparation, or sale of crops, fruit, dairy products, fish, and livestock exist.
(10) "Forest landowner" means any person in actual control of forest land, whether such control is based either on
legal or equitable title, or on any other interest entitling the
holder to sell or otherwise dispose of any or all of the timber
on such land in any manner. However, any lessee or other
person in possession of forest land without legal or equitable
title to such land shall be excluded from the definition of "forest landowner" unless such lessee or other person has the
right to sell or otherwise dispose of any or all of the timber
located on such forest land.
(11) "Forest practice" means any activity conducted on
or directly pertaining to forest land and relating to growing,
harvesting, or processing timber, including but not limited to:
(a) Road and trail construction;
(b) Harvesting, final and intermediate;
(c) Precommercial thinning;
(d) Reforestation;
(e) Fertilization;
(f) Prevention and suppression of diseases and insects;
(g) Salvage of trees; and
(h) Brush control.
"Forest practice" shall not include preparatory work such as
tree marking, surveying and road flagging, and removal or
harvesting of incidental vegetation from forest lands such as
berries, ferns, greenery, mistletoe, herbs, mushrooms, and
other products which cannot normally be expected to result in
damage to forest soils, timber, or public resources.
76.09.020
(12) "Forest practices rules" means any rules adopted
pursuant to RCW 76.09.040.
(13) "Forest road," as it applies to the operation of the
road maintenance and abandonment plan element of the forest practices rules on small forest landowners, means a road
or road segment that crosses land that meets the definition of
forest land, but excludes residential access roads.
(14) "Forest trees" does not include hardwood trees cultivated by agricultural methods in growing cycles shorter
than fifteen years if the trees were planted on land that was
not in forest use immediately before the trees were planted
and before the land was prepared for planting the trees. "Forest trees" includes Christmas trees, but does not include
Christmas trees that are cultivated by agricultural methods, as
that term is defined in RCW 84.33.035.
(15) "Forests and fish report" means the forests and fish
report to the board dated April 29, 1999.
(16) "Application" means the application required pursuant to RCW 76.09.050.
(17) "Operator" means any person engaging in forest
practices except an employee with wages as his or her sole
compensation.
(18) "Person" means any individual, partnership, private,
public, or municipal corporation, county, the department or
other state or local governmental entity, or association of
individuals of whatever nature.
(19) "Public resources" means water, fish and wildlife,
and in addition shall mean capital improvements of the state
or its political subdivisions.
(20) "Small forest landowner" has the same meaning as
defined in RCW 76.09.450.
(21) "Timber" means forest trees, standing or down, of a
commercial species, including Christmas trees. However,
"timber" does not include Christmas trees that are cultivated
by agricultural methods, as that term is defined in RCW
84.33.035.
(22) "Timber owner" means any person having all or any
part of the legal interest in timber. Where such timber is subject to a contract of sale, "timber owner" shall mean the contract purchaser.
(23) "Board" means the forest practices board created in
RCW 76.09.030.
(24) "Unconfined avulsing channel migration zone"
means the area within which the active channel of an unconfined avulsing stream is prone to move and where the movement would result in a potential near-term loss of riparian forest adjacent to the stream. Sizeable islands with productive
timber may exist within the zone.
(25) "Unconfined avulsing stream" means generally fifth
order or larger waters that experience abrupt shifts in channel
location, creating a complex flood plain characterized by
extensive gravel bars, disturbance species of vegetation of
variable age, numerous side channels, wall-based channels,
oxbow lakes, and wetland complexes. Many of these streams
have dikes and levees that may temporarily or permanently
restrict channel movement. [2003 c 311 § 3; 2002 c 17 § 1.
Prior: 2001 c 102 § 1; 2001 c 97 § 2; 1999 sp.s. c 4 § 301;
1974 ex.s. c 137 § 2.]
Findings—2003 c 311: "(1) The legislature finds that chapter 4, Laws
of 1999 sp. sess. strongly encouraged the forest practices board to adopt
administrative rules that were substantially similar to the recommendations
[2003 RCW Supp—page 889]
76.09.030
Title 76 RCW: Forests and Forest Products
presented to the legislature in the form of the forests and fish report. The
rules adopted pursuant to the 1999 legislation require all forest landowners
to complete a road maintenance and abandonment plan, and those rules cannot be changed by the forest practices board without either a final order from
a court, direct instructions from the legislature, or a recommendation from
the adaptive management process. In the time since the enactment of chapter
4, Laws of 1999 sp. sess., it has become clear that both the planning aspect
and the implementation aspect of the road maintenance and abandonment
plan requirement may cause an unforeseen and unintended disproportionate
financial hardship on small forest landowners.
(2) The legislature further finds that the commissioner of public lands
and the governor have explored solutions that minimize the hardship caused
to small forest landowners by the forest road maintenance and abandonment
requirements of the forests and fish law, while maintaining protection for
public resources. This act represents recommendations stemming from that
process.
(3) The legislature further finds that it is in the state's interest to help
small forest landowners comply with the requirements of the forest practices
rules in a way that does not require the landowner to spend unreasonably
high and unpredictable amounts of money to complete road maintenance and
abandonment plan preparation and implementation. Small forest landowners provide significant wildlife habitat and serve as important buffers
between urban development and Washington's public forest land holdings."
[2003 c 311 § 1.]
Effective date—2003 c 311: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 14, 2003]." [2003 c 311 § 13.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.09.030
76.09.030 Forest practices board—Created—Membership—Terms—Vacancies—Meetings—Compensation, travel expenses—Staff. (1) There is hereby created the
forest practices board of the state of Washington as an agency
of state government consisting of members as follows:
(a) The commissioner of public lands or the commissioner's designee;
(b) The director of the department of community, trade,
and economic development or the director's designee;
(c) The director of the department of agriculture or the
director's designee;
(d) The director of the department of ecology or the
director's designee;
(e) The director of the department of fish and wildlife or
the director's designee;
(f) An elected member of a county legislative authority
appointed by the governor: PROVIDED, That such member's service on the board shall be conditioned on the member's continued service as an elected county official; and
(g) Six members of the general public appointed by the
governor, one of whom shall be an owner of not more than
five hundred acres of forest land, and one of whom shall be
an independent logging contractor.
(2) The director of the department of fish and wildlife's
service on the board may be terminated two years after
August 18, 1999, if the legislature finds that after two years
the department has not made substantial progress toward
integrating the laws, rules, and programs governing forest
practices, chapter 76.09 RCW, and the laws, rules, and programs governing hydraulic projects, chapter 77.55 RCW.
Such a finding shall be based solely on whether the department of fish and wildlife makes substantial progress as
defined in this subsection, and will not be based on other
actions taken as a member of the board. Substantial progress
shall include recommendations to the legislature for closer
[2003 RCW Supp—page 890]
integration of the existing rule-making authorities of the
board and the department of fish and wildlife, and closer integration of the forest practices and hydraulics permitting processes, including exploring the potential for a consolidated
permitting process. These recommendations shall be
designed to resolve problems currently associated with the
existing dual regulatory and permitting processes.
(3) The members of the initial board appointed by the
governor shall be appointed so that the term of one member
shall expire December 31, 1975, the term of one member
shall expire December 31, 1976, the term of one member
shall expire December 31, 1977, the terms of two members
shall expire December 31, 1978, and the terms of two members shall expire December 31, 1979. Thereafter, each member shall be appointed for a term of four years. Vacancies on
the board shall be filled in the same manner as the original
appointments. Each member of the board shall continue in
office until his or her successor is appointed and qualified.
The commissioner of public lands or the commissioner's designee shall be the chairman of the board.
(4) The board shall meet at such times and places as shall
be designated by the chairman or upon the written request of
the majority of the board. The principal office of the board
shall be at the state capital.
(5) Members of the board, except public employees and
elected officials, shall be compensated in accordance with
RCW 43.03.250. Each member shall be entitled to reimbursement for travel expenses incurred in the performance of
their duties as provided in RCW 43.03.050 and 43.03.060.
(6) The board may employ such clerical help and staff
pursuant to chapter 41.06 RCW as is necessary to carry out its
duties. [2003 c 39 § 32; 1999 sp.s. c 4 § 1001; 1995 c 399 §
207; 1993 c 257 § 1; 1987 c 330 § 1301; 1985 c 466 § 70;
1984 c 287 § 108; 1975-'76 2nd ex.s. c 34 § 173; 1975 1st
ex.s. c 200 § 1; 1974 ex.s. c 137 § 3.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
76.09.050
76.09.050 Rules establishing classes of forest practices—Applications for classes of forest practices—
Approval or disapproval—Notifications—Procedures—
Appeals—Waiver. (1) The board shall establish by rule
which forest practices shall be included within each of the
following classes:
Class I: Minimal or specific forest practices that have no
direct potential for damaging a public resource and that may
be conducted without submitting an application or a notification except that when the regulating authority is transferred to
a local governmental entity, those Class I forest practices that
involve timber harvesting or road construction within "urban
growth areas," designated pursuant to chapter 36.70A RCW,
are processed as Class IV forest practices, but are not subject
to environmental review under chapter 43.21C RCW;
Forest Practices
Class II: Forest practices which have a less than ordinary potential for damaging a public resource that may be
conducted without submitting an application and may begin
five calendar days, or such lesser time as the department may
determine, after written notification by the operator, in the
manner, content, and form as prescribed by the department, is
received by the department. However, the work may not
begin until all forest practice fees required under RCW
76.09.065 have been received by the department. Class II
shall not include forest practices:
(a) On lands platted after January 1, 1960, as provided in
chapter 58.17 RCW or on lands that have or are being converted to another use;
(b) Which require approvals under the provisions of the
hydraulics act, RCW 77.55.100;
(c) Within "shorelines of the state" as defined in RCW
90.58.030;
(d) Excluded from Class II by the board; or
(e) Including timber harvesting or road construction
within "urban growth areas," designated pursuant to chapter
36.70A RCW, which are Class IV;
Class III: Forest practices other than those contained in
Class I, II, or IV. A Class III application must be approved or
disapproved by the department within thirty calendar days
from the date the department receives the application. However, the applicant may not begin work on that forest practice
until all forest practice fees required under RCW 76.09.065
have been received by the department;
Class IV: Forest practices other than those contained in
Class I or II: (a) On lands platted after January 1, 1960, as
provided in chapter 58.17 RCW, (b) on lands that have or are
being converted to another use, (c) on lands which, pursuant
to RCW 76.09.070 as now or hereafter amended, are not to be
reforested because of the likelihood of future conversion to
urban development, (d) involving timber harvesting or road
construction on lands that are contained within "urban growth
areas," designated pursuant to chapter 36.70A RCW, except
where the forest landowner provides: (i) A written statement
of intent signed by the forest landowner not to convert to a
use other than commercial forest product operations for ten
years, accompanied by either a written forest management
plan acceptable to the department or documentation that the
land is enrolled under the provisions of chapter 84.33 RCW;
or (ii) a conversion option harvest plan approved by the local
governmental entity and submitted to the department as part
of the application, and/or (e) which have a potential for a substantial impact on the environment and therefore require an
evaluation by the department as to whether or not a detailed
statement must be prepared pursuant to the state environmental policy act, chapter 43.21C RCW. Such evaluation shall be
made within ten days from the date the department receives
the application: PROVIDED, That nothing herein shall be
construed to prevent any local or regional governmental
entity from determining that a detailed statement must be prepared for an action pursuant to a Class IV forest practice
taken by that governmental entity concerning the land on
which forest practices will be conducted. A Class IV application must be approved or disapproved by the department
within thirty calendar days from the date the department
receives the application, unless the department determines
that a detailed statement must be made, in which case the
76.09.050
application must be approved or disapproved by the department within sixty calendar days from the date the department
receives the application, unless the commissioner of public
lands, through the promulgation of a formal order, determines that the process cannot be completed within such
period. However, the applicant may not begin work on that
forest practice until all forest practice fees required under
RCW 76.09.065 have been received by the department.
Forest practices under Classes I, II, and III are exempt
from the requirements for preparation of a detailed statement
under the state environmental policy act.
(2) Except for those forest practices being regulated by
local governmental entities as provided elsewhere in this
chapter, no Class II, Class III, or Class IV forest practice shall
be commenced or continued after January 1, 1975, unless the
department has received a notification with regard to a Class
II forest practice or approved an application with regard to a
Class III or Class IV forest practice containing all information required by RCW 76.09.060 as now or hereafter
amended. However, in the event forest practices regulations
necessary for the scheduled implementation of this chapter
and RCW 90.48.420 have not been adopted in time to meet
such schedules, the department shall have the authority to
regulate forest practices and approve applications on such
terms and conditions consistent with this chapter and RCW
90.48.420 and the purposes and policies of RCW 76.09.010
until applicable forest practices regulations are in effect.
(3) Except for those forest practices being regulated by
local governmental entities as provided elsewhere in this
chapter, if a notification or application is delivered in person
to the department by the operator or the operator's agent, the
department shall immediately provide a dated receipt thereof.
In all other cases, the department shall immediately mail a
dated receipt to the operator.
(4) Except for those forest practices being regulated by
local governmental entities as provided elsewhere in this
chapter, forest practices shall be conducted in accordance
with the forest practices regulations, orders and directives as
authorized by this chapter or the forest practices regulations,
and the terms and conditions of any approved applications.
(5) Except for those forest practices being regulated by
local governmental entities as provided elsewhere in this
chapter, the department of natural resources shall notify the
applicant in writing of either its approval of the application or
its disapproval of the application and the specific manner in
which the application fails to comply with the provisions of
this section or with the forest practices regulations. Except as
provided otherwise in this section, if the department fails to
either approve or disapprove an application or any portion
thereof within the applicable time limit, the application shall
be deemed approved and the operation may be commenced:
PROVIDED, That this provision shall not apply to applications which are neither approved nor disapproved pursuant to
the provisions of subsection (7) of this section: PROVIDED,
FURTHER, That if seasonal field conditions prevent the
department from being able to properly evaluate the application, the department may issue an approval conditional upon
further review within sixty days: PROVIDED, FURTHER,
That the department shall have until April 1, 1975, to approve
or disapprove an application involving forest practices
allowed to continue to April 1, 1975, under the provisions of
[2003 RCW Supp—page 891]
76.09.055
Title 76 RCW: Forests and Forest Products
subsection (2) of this section. Upon receipt of any notification or any satisfactorily completed application the department shall in any event no later than two business days after
such receipt transmit a copy to the departments of ecology
and fish and wildlife, and to the county, city, or town in
whose jurisdiction the forest practice is to be commenced.
Any comments by such agencies shall be directed to the
department of natural resources.
(6) For those forest practices regulated by the board and
the department, if the county, city, or town believes that an
application is inconsistent with this chapter, the forest practices regulations, or any local authority consistent with RCW
76.09.240 as now or hereafter amended, it may so notify the
department and the applicant, specifying its objections.
(7) For those forest practices regulated by the board and
the department, the department shall not approve portions of
applications to which a county, city, or town objects if:
(a) The department receives written notice from the
county, city, or town of such objections within fourteen business days from the time of transmittal of the application to the
county, city, or town, or one day before the department acts
on the application, whichever is later; and
(b) The objections relate to lands either:
(i) Platted after January 1, 1960, as provided in chapter
58.17 RCW; or
(ii) On lands that have or are being converted to another
use.
The department shall either disapprove those portions of
such application or appeal the county, city, or town objections to the appeals board. If the objections related to subparagraphs (b)(i) and (ii) of this subsection are based on local
authority consistent with RCW 76.09.240 as now or hereafter
amended, the department shall disapprove the application
until such time as the county, city, or town consents to its
approval or such disapproval is reversed on appeal. The
applicant shall be a party to all department appeals of county,
city, or town objections. Unless the county, city, or town
either consents or has waived its rights under this subsection,
the department shall not approve portions of an application
affecting such lands until the minimum time for county, city,
or town objections has expired.
(8) For those forest practices regulated by the board and
the department, in addition to any rights under the above
paragraph, the county, city, or town may appeal any department approval of an application with respect to any lands
within its jurisdiction. The appeals board may suspend the
department's approval in whole or in part pending such
appeal where there exists potential for immediate and material damage to a public resource.
(9) For those forest practices regulated by the board and
the department, appeals under this section shall be made to
the appeals board in the manner and time provided in RCW
76.09.220(8). In such appeals there shall be no presumption
of correctness of either the county, city, or town or the department position.
(10) For those forest practices regulated by the board and
the department, the department shall, within four business
days notify the county, city, or town of all notifications,
approvals, and disapprovals of an application affecting lands
within the county, city, or town, except to the extent the
county, city, or town has waived its right to such notice.
[2003 RCW Supp—page 892]
(11) For those forest practices regulated by the board and
the department, a county, city, or town may waive in whole or
in part its rights under this section, and may withdraw or
modify any such waiver, at any time by written notice to the
department.
(12) Notwithstanding subsections (2) through (5) of this
section, forest practices applications or notifications are not
required for exotic insect and disease control operations conducted in accordance with RCW 76.09.060(8) where eradication can reasonably be expected. [2003 c 314 § 4; 2002 c 121
§ 1; 1997 c 173 § 2; 1994 c 264 § 49; 1993 c 443 § 3; 1990
1st ex.s. c 17 § 61; 1988 c 36 § 47; 1987 c 95 § 9; 1975 1st
ex.s. c 200 § 2; 1974 ex.s. c 137 § 5.]
Findings—2003 c 314: See note following RCW 17.24.220.
Effective date—1993 c 443: See note following RCW 76.09.010.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
76.09.055
76.09.055 Findings—Emergency rule making authorized. (1) The legislature finds that the levels of fish stocks
throughout much of the state require immediate action to be
taken to help these fish runs where possible. The legislature
also recognizes that federal and state agencies, tribes, county
representatives, and private timberland owners have spent
considerable effort and time to develop the forests and fish
report. Given the agreement of the parties, the legislature
believes that the immediate adoption of emergency rules is
appropriate in this particular instance. These rules can implement many provisions of the forests and fish report to protect
the economic well-being of the state, and to minimize the risk
to the state and landowners to legal challenges. This authority is not designed to set any precedents for the forest practices board in future rule making or set any precedents for
other rule-making bodies of the state.
(2) The forest practices board is authorized to adopt
emergency rules amending the forest practices rules with
respect to the protection of aquatic resources, in accordance
with RCW 34.05.350, except: (a)(i) That the rules adopted
under this section may remain in effect until permanent rules
are adopted, or until June 30, 2001, whichever is sooner; (ii)
that the rules adopted under RCW 76.09.420(5) must remain
in effect until permanent rules are adopted; (b) notice of the
proposed rules must be published in the Washington State
Register as provided in RCW 34.05.320; (c) at least one public hearing must be conducted with an opportunity to provide
oral and written comments; and (d) a rule-making file must
be maintained as required by RCW 34.05.370. In adopting
emergency rules consistent with this section, the board is not
required to prepare a small business economic impact statement under chapter 19.85 RCW, prepare a statement indicating whether the rules constitute a significant legislative rule
under RCW 34.05.328, prepare a significant legislative rule
analysis under RCW 34.05.328, or follow the procedural
requirements of the state environmental policy act, chapter
43.21C RCW. Except as provided in RCW 76.09.420, the
forest practices board may only adopt recommendations contained in the forests and fish report as emergency rules under
this section. [2003 c 311 § 5; 2000 c 11 § 4; 1999 sp.s. c 4 §
201.]
Findings—Effective date—2003 c 311: See notes following RCW
76.09.020.
Forest Practices
Effective date—1999 sp.s. c 4 §§ 201, 202, and 203: "Sections 201,
202, and 203 of this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its
existing public institutions, and take effect immediately [June 7, 1999]."
[1999 sp.s. c 4 § 1405.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.09.060
76.09.060 Applications for forest practices—Form—
Contents—Conversion of forest land to other use—Sixyear moratorium—New applications—Approval—Emergencies. The following shall apply to those forest practices
administered and enforced by the department and for which
the board shall promulgate regulations as provided in this
chapter:
(1) The department shall prescribe the form and contents
of the notification and application. The forest practices rules
shall specify by whom and under what conditions the notification and application shall be signed or otherwise certified
as acceptable. The application or notification shall be delivered in person to the department, sent by first class mail to the
department or electronically filed in a form defined by the
department. The form for electronic filing shall be readily
convertible to a paper copy, which shall be available to the
public pursuant to chapter 42.17 RCW. The information
required may include, but is not limited to:
(a) Name and address of the forest landowner, timber
owner, and operator;
(b) Description of the proposed forest practice or practices to be conducted;
(c) Legal description and tax parcel identification numbers of the land on which the forest practices are to be conducted;
(d) Planimetric and topographic maps showing location
and size of all lakes and streams and other public waters in
and immediately adjacent to the operating area and showing
all existing and proposed roads and major tractor roads;
(e) Description of the silvicultural, harvesting, or other
forest practice methods to be used, including the type of
equipment to be used and materials to be applied;
(f) Proposed plan for reforestation and for any revegetation necessary to reduce erosion potential from roadsides and
yarding roads, as required by the forest practices rules;
(g) Soil, geological, and hydrological data with respect
to forest practices;
(h) The expected dates of commencement and completion of all forest practices specified in the application;
(i) Provisions for continuing maintenance of roads and
other construction or other measures necessary to afford protection to public resources;
(j) An affirmation that the statements contained in the
notification or application are true; and
(k) All necessary application or notification fees.
(2) Long range plans may be submitted to the department
for review and consultation.
(3) The application for a forest practice or the notification of a Class II forest practice is subject to the three-year
reforestation requirement.
(a) If the application states that any such land will be or
is intended to be so converted:
(i) The reforestation requirements of this chapter and of
the forest practices rules shall not apply if the land is in fact
76.09.060
so converted unless applicable alternatives or limitations are
provided in forest practices rules issued under RCW
76.09.070 as now or hereafter amended;
(ii) Completion of such forest practice operations shall
be deemed conversion of the lands to another use for purposes of chapters 84.33 and 84.34 RCW unless the conversion is to a use permitted under a current use tax agreement
permitted under chapter 84.34 RCW;
(iii) The forest practices described in the application are
subject to applicable county, city, town, and regional governmental authority permitted under RCW 76.09.240 as now or
hereafter amended as well as the forest practices rules.
(b) Except as provided elsewhere in this section, if the
application or notification does not state that any land covered by the application or notification will be or is intended to
be so converted:
(i) For six years after the date of the application the
county, city, town, and regional governmental entities shall
deny any or all applications for permits or approvals, including building permits and subdivision approvals, relating to
nonforestry uses of land subject to the application;
(A) The department shall submit to the local governmental entity a copy of the statement of a forest landowner's
intention not to convert which shall represent a recognition
by the landowner that the six-year moratorium shall be
imposed and shall preclude the landowner's ability to obtain
development permits while the moratorium is in place. This
statement shall be filed by the local governmental entity with
the county recording officer, who shall record the documents
as provided in chapter 65.04 RCW, except that lands designated as forest lands of long-term commercial significance
under chapter 36.70A RCW shall not be recorded due to the
low likelihood of conversion. Not recording the statement of
a forest landowner's conversion intention shall not be construed to mean the moratorium is not in effect.
(B) The department shall collect the recording fee and
reimburse the local governmental entity for the cost of
recording the application.
(C) When harvesting takes place without an application,
the local governmental entity shall impose the six-year moratorium provided in (b)(i) of this subsection from the date the
unpermitted harvesting was discovered by the department or
the local governmental entity.
(D) The local governmental entity shall develop a process for lifting the six-year moratorium, which shall include
public notification, and procedures for appeals and public
hearings.
(E) The local governmental entity may develop an
administrative process for lifting or waiving the six-year
moratorium for the purposes of constructing a single-family
residence or outbuildings, or both, on a legal lot and building
site. Lifting or waiving of the six-year moratorium is subject
to compliance with all local ordinances.
(F) The six-year moratorium shall not be imposed on a
forest practices application that contains a conversion option
harvest plan approved by the local governmental entity
unless the forest practice was not in compliance with the
approved forest practice permit. Where not in compliance
with the conversion option harvest plan, the six-year moratorium shall be imposed from the date the application was
approved by the department or the local governmental entity;
[2003 RCW Supp—page 893]
76.09.063
Title 76 RCW: Forests and Forest Products
(ii) Failure to comply with the reforestation requirements
contained in any final order or decision shall constitute a
removal of designation under the provisions of RCW
84.33.140, and a change of use under the provisions of RCW
84.34.080, and, if applicable, shall subject such lands to the
payments and/or penalties resulting from such removals or
changes; and
(iii) Conversion to a use other than commercial forest
product operations within six years after approval of the forest practices without the consent of the county, city, or town
shall constitute a violation of each of the county, municipal
city, town, and regional authorities to which the forest practice operations would have been subject if the application had
so stated.
(c) The application or notification shall be signed by the
forest landowner and accompanied by a statement signed by
the forest landowner indicating his or her intent with respect
to conversion and acknowledging that he or she is familiar
with the effects of this subsection.
(4) Whenever an approved application authorizes a forest practice which, because of soil condition, proximity to a
water course or other unusual factor, has a potential for causing material damage to a public resource, as determined by
the department, the applicant shall, when requested on the
approved application, notify the department two days before
the commencement of actual operations.
(5) Before the operator commences any forest practice in
a manner or to an extent significantly different from that
described in a previously approved application or notification, there shall be submitted to the department a new application or notification form in the manner set forth in this section.
(6) Except as provided in RCW 76.09.350(4), the notification to or the approval given by the department to an application to conduct a forest practice shall be effective for a term
of two years from the date of approval or notification and
shall not be renewed unless a new application is filed and
approved or a new notification has been filed. At the option
of the applicant, an application or notification may be submitted to cover a single forest practice or a number of forest
practices within reasonable geographic or political boundaries as specified by the department. An application or notification that covers more than one forest practice may have
an effective term of more than two years. The board shall
adopt rules that establish standards and procedures for
approving an application or notification that has an effective
term of more than two years. Such rules shall include
extended time periods for application or notification approval
or disapproval. On an approved application with a term of
more than two years, the applicant shall inform the department before commencing operations.
(7) Notwithstanding any other provision of this section,
no prior application or notification shall be required for any
emergency forest practice necessitated by fire, flood, windstorm, earthquake, or other emergency as defined by the
board, but the operator shall submit an application or notification, whichever is applicable, to the department within
forty-eight hours after commencement of such practice or as
required by local regulations.
(8) Forest practices applications or notifications are not
required for forest practices conducted to control exotic for[2003 RCW Supp—page 894]
est insect or disease outbreaks, when conducted by or under
the direction of the department of agriculture in carrying out
an order of the governor or director of the department of agriculture to implement pest control measures as authorized
under chapter 17.24 RCW, and are not required when conducted by or under the direction of the department in carrying
out emergency measures under a forest health emergency
declaration by the commissioner of public lands as provided
in RCW 76.06.130.
(a) For the purposes of this subsection, exotic forest
insect or disease has the same meaning as defined in RCW
76.06.020.
(b) In order to minimize adverse impacts to public
resources, control measures must be based on integrated pest
management, as defined in RCW 17.15.010, and must follow
forest practices rules relating to road construction and maintenance, timber harvest, and forest chemicals, to the extent
possible without compromising control objectives.
(c) Agencies conducting or directing control efforts must
provide advance notice to the appropriate regulatory staff of
the department of the operations that would be subject to
exemption from forest practices application or notification
requirements.
(d) When the appropriate regulatory staff of the department are notified under (c) of this subsection, they must consult with the landowner, interested agencies, and affected
tribes, and assist the notifying agencies in the development of
integrated pest management plans that comply with forest
practices rules as required under (b) of this subsection.
(e) Nothing under this subsection relieves agencies conducting or directing control efforts from requirements of the
federal clean water act as administered by the department of
ecology under RCW 90.48.260.
(f) Forest lands where trees have been cut as part of an
exotic forest insect or disease control effort under this subsection are subject to reforestation requirements under RCW
76.09.070.
(g) The exemption from obtaining approved forest practices applications or notifications does not apply to forest
practices conducted after the governor, the director of the
department of agriculture, or the commissioner of public
lands have declared that an emergency no longer exists
because control objectives have been met, that there is no
longer an imminent threat, or that there is no longer a good
likelihood of control. [2003 c 314 § 5. Prior: 1997 c 290 §
3; 1997 c 173 § 3; 1993 c 443 § 4; 1992 c 52 § 22; 1990 1st
ex.s. c 17 § 62; 1975 1st ex.s. c 200 § 3; 1974 ex.s. c 137 § 6.]
Findings—2003 c 314: See note following RCW 17.24.220.
Effective date—1993 c 443: See note following RCW 76.09.010.
Effective date—1992 c 52 § 22: "Section 22 of this act shall take effect
August 1, 1992." [1992 c 52 § 27.]
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
76.09.063
76.09.063 Forest practices permit—Habitat incentives agreement. When a private landowner is applying for
a forest practices permit under this chapter and that landowner has entered into a habitat incentives agreement with
the department and the department of fish and wildlife as provided in RCW 77.55.300, the department shall comply with
Forest Practices
the terms of that agreement when evaluating the permit application. [2003 c 39 § 33; 1997 c 425 § 5.]
Finding—Intent—1997 c 425: See note following RCW 77.55.300.
76.09.220
76.09.220 Forest practices appeals board—Compensation—Travel expenses—Chair—Office—Quorum—
Powers and duties—Jurisdiction—Review. (1) The
appeals board shall operate on either a part-time or a full-time
basis, as determined by the governor. If it is determined that
the appeals board shall operate on a full-time basis, each
member shall receive an annual salary to be determined by
the governor. If it is determined that the appeals board shall
operate on a part-time basis, each member shall be compensated in accordance with RCW 43.03.250. The director of
the environmental hearings office shall make the determination, required under RCW 43.03.250, as to what statutorily
prescribed duties, in addition to attendance at a hearing or
meeting of the board, shall merit compensation. This compensation shall not exceed ten thousand dollars in a fiscal
year. Each member shall receive reimbursement for travel
expenses incurred in the discharge of his or her duties in
accordance with the provisions of RCW 43.03.050 and
43.03.060.
(2) The appeals board shall as soon as practicable after
the initial appointment of the members thereof, meet and
elect from among its members a chair, and shall at least biennially thereafter meet and elect or reelect a chair.
(3) The principal office of the appeals board shall be at
the state capital, but it may sit or hold hearings at any other
place in the state. A majority of the appeals board shall constitute a quorum for making orders or decisions, adopting
rules necessary for the conduct of its powers and duties, or
transacting other official business, and may act though one
position on the board be vacant. One or more members may
hold hearings and take testimony to be reported for action by
the board when authorized by rule or order of the board. The
appeals board shall perform all the powers and duties granted
to it in this chapter or as otherwise provided by law.
(4) The appeals board shall make findings of fact and
prepare a written decision in each case decided by it, and such
findings and decision shall be effective upon being signed by
two or more members and upon being filed at the appeals
board's principal office, and shall be open to public inspection at all reasonable times.
(5) The appeals board shall either publish at its expense
or make arrangements with a publishing firm for the publication of those of its findings and decisions which are of general public interest, in such form as to assure reasonable distribution thereof.
(6) The appeals board shall maintain at its principal
office a journal which shall contain all official actions of the
appeals board, with the exception of findings and decisions,
together with the vote of each member on such actions. The
journal shall be available for public inspection at the principal office of the appeals board at all reasonable times.
(7) The forest practices appeals board shall have exclusive jurisdiction to hear appeals arising from an action or
determination by the department, and the department of fish
and wildlife, and the department of ecology with respect to
management plans provided for under RCW 76.09.350.
76.09.350
(8)(a) Any person aggrieved by the approval or disapproval of an application to conduct a forest practice or the
approval or disapproval of any landscape plan or permit or
watershed analysis may, except as otherwise provided in
chapter 43.21L RCW, seek review from the appeals board by
filing a request for the same within thirty days of the approval
or disapproval. Concurrently with the filing of any request
for review with the board as provided in this section, the
requestor shall file a copy of his or her request with the
department and the attorney general. The attorney general
may intervene to protect the public interest and ensure that
the provisions of this chapter are complied with.
(b) The review proceedings authorized in (a) of this subsection are subject to the provisions of chapter 34.05 RCW
pertaining to procedures in adjudicative proceedings. [2003
c 393 § 20; 1999 sp.s. c 4 § 902; 1999 c 90 § 1. Prior: 1997
c 423 § 2; 1997 c 290 § 5; 1989 c 175 § 164; 1984 c 287 §
109; 1979 ex.s. c 47 § 5; 1975-'76 2nd ex.s. c 34 § 174; 1975
1st ex.s. c 200 § 10; 1974 ex.s. c 137 § 22.]
Implementation—Effective date—2003 c 393: See RCW 43.21L.900
and 43.21L.901.
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
Finding—1997 c 423: "The legislature finds that the functions of the
forest practices appeals board have overriding sensitivity and are of importance to the public welfare and operation of state government." [1997 c 423
§ 1.]
Effective date—1997 c 423: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
[1997 c 423 § 3.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Intent—1979 ex.s. c 47: See note following RCW 43.21B.005.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
76.09.350
76.09.350 Long-term multispecies landscape management plans—Pilot projects, selection—Plan approval,
elements—Notice of agreement recorded—Memorandums of agreements—Report, evaluation. The legislature
recognizes the importance of providing the greatest diversity
of habitats, particularly riparian, wetland, and old growth
habitats, and of assuring the greatest diversity of species
within those habitats for the survival and reproduction of
enough individuals to maintain the native wildlife of Washington forest lands. The legislature also recognizes the
importance of long-term habitat productivity for natural and
wild fish, for the protection of hatchery water supplies, and
for the protection of water quality and quantity to meet the
needs of people, fish, and wildlife. The legislature recognizes the importance of maintaining and enhancing fish and
wildlife habitats capable of sustaining the commercial and
noncommercial uses of fish and wildlife. The legislature further recognizes the importance of the continued growth and
development of the state's forest products industry which has
a vital stake in the long-term productivity of both the public
and private forest land base.
The development of a landscape planning system would
help achieve these goals. Landowners and resource managers should be provided incentives to voluntarily develop
[2003 RCW Supp—page 895]
76.09.350
Title 76 RCW: Forests and Forest Products
long-term multispecies landscape management plans that
will provide protection to public resources. Because landscape planning represents a departure from the use of standard baseline rules and may result in unintended consequences to both the affected habitats and to a landowner's
economic interests, the legislature desires to establish up to
seven experimental pilot programs to gain experience with
landscape planning that may prove useful in fashioning legislation of a more general application.
(1) Until December 31, 2000, the department in cooperation with the department of fish and wildlife, and the department of ecology when relating to water quality protection, is
granted authority to select not more than seven pilot projects
for the purpose of developing individual landowner multispecies landscape management plans.
(a) Pilot project participants must be selected by the
department in cooperation with the department of fish and
wildlife, and the department of ecology when relating to
water quality protection, no later than October 1, 1997.
(b) The number and the location of the pilot projects are
to be determined by the department in cooperation with the
department of fish and wildlife, and the department of ecology when relating to water quality protection, and should be
selected on the basis of risk to the habitat and species, variety
and importance of species and habitats in the planning area,
geographic distribution, surrounding ownership, other ongoing landscape and watershed planning activities in the area,
potential benefits to water quantity and quality, financial and
staffing capabilities of participants, and other factors that will
contribute to the creation of landowner multispecies landscape planning efforts.
(c) Each pilot project shall have a landscape management plan with the following elements:
(i) An identification of public resources selected for coverage under the plan and measurable objectives for the protection of the selected public resources;
(ii) A termination date of not later than 2050;
(iii) A general description of the planning area including
its geographic location, physical and biological features, habitats, and species known to be present;
(iv) An identification of the existing forest practices
rules that will not apply during the term of the plan;
(v) Proposed habitat management strategies or prescriptions;
(vi) A projection of the habitat conditions likely to result
from the implementation of the specified management strategies or prescriptions;
(vii) An assessment of habitat requirements and the current habitat conditions of representative species included in
the plan;
(viii) An assessment of potential or likely impacts to representative species resulting from the prescribed forest practices;
(ix) A description of the anticipated benefits to those
species or other species as a result of plan implementation;
(x) A monitoring plan;
(xi) Reporting requirements including a schedule for
review of the plan's performance in meeting its objectives;
(xii) Conditions under which a plan may be modified,
including a procedure for adaptive management;
(xiii) Conditions under which a plan may be terminated;
[2003 RCW Supp—page 896]
(xiv) A procedure for adaptive management that evaluates the effectiveness of the plan to meet its measurable public resources objectives, reflects changes in the best available
science, and provides changes to its habitat management
strategies, prescriptions, and hydraulic project standards to
the extent agreed to in the plan and in a timely manner and
schedule;
(xv) A description of how the plan relates to publicly
available plans of adjacent federal, state, tribal, and private
timberland owners; and
(xvi) A statement of whether the landowner intends to
apply for approval of the plan under applicable federal law.
(2) Until December 31, 2000, the department, in agreement with the department of fish and wildlife, and the department of ecology when the landowner elects to cover water
quality in the plan, shall approve a landscape management
plan and enter into a binding implementation agreement with
the landowner when such departments find, based upon the
best scientific data available, that:
(a) The plan contains all of the elements required under
this section including measurable public resource objectives;
(b) The plan is expected to be effective in meeting those
objectives;
(c) The landowner has sufficient financial resources to
implement the management strategies or prescriptions to be
implemented by the landowner under the plan;
(d) The plan will:
(i) Provide better protection than current state law for the
public resources selected for coverage under the plan considered in the aggregate; and
(ii) Compared to conditions that could result from compliance with current state law:
(A) Not result in poorer habitat conditions over the life
of the plan for any species selected for coverage that is listed
as threatened or endangered under federal or state law, or that
has been identified as a candidate for such listing, at the time
the plan is approved; and
(B) Measurably improve habitat conditions for species
selected for special consideration under the plan;
(e) The plan shall include watershed analysis or provide
for a level of protection that meets or exceeds the protection
that would be provided by watershed analysis, if the landowner selects fish or water quality as a public resource to be
covered under the plan. Any alternative process to watershed
analysis would be subject to timely peer review;
(f) The planning process provides for a public participation process during the development of the plan, which shall
be developed by the department in cooperation with the landowner.
The management plans must be submitted to the department and the department of fish and wildlife, and the department of ecology when the landowner elects to cover water
quality in the plan, no later than March 1, 2000. The department shall provide an opportunity for public comment on the
proposed plan. The comment period shall not be less than
forty-five days. The department shall approve or reject plans
within one hundred twenty days of submittal by the landowner of a final plan. The decision by the department, in
agreement with the department of fish and wildlife, and the
department of ecology when the landowner has elected to
cover water quality in the plan, to approve or disapprove the
Forest Practices
management plan is subject to the environmental review process of chapter 43.21C RCW, provided that any public comment period provided for under chapter 43.21C RCW shall
run concurrently with the public comment period provided in
this subsection (2).
(3) After a landscape management plan is adopted:
(a) Forest practices consistent with the plan need not
comply with:
(i) The specific forest practices rules identified in the
plan; and
(ii) Any forest practice rules and policies adopted after
the approval of the plan to the extent that the rules:
(A) Have been adopted primarily for the protection of a
public resource selected for coverage under the plan; or
(B) Provide for procedural or administrative obligations
inconsistent with or in addition to those provided for in the
plan with respect to those public resources; and
(b) If the landowner has selected fish as one of the public
resources to be covered under the plan, the plan shall serve as
the hydraulic project approval for the life of the plan, in compliance with RCW 77.55.100.
(4) The department is authorized to issue a single landscape level permit valid for the life of the plan to a landowner
who has an approved landscape management plan and who
has requested a landscape permit from the department. Landowners receiving a landscape level permit shall meet annually with the department and the department of fish and wildlife, and the department of ecology where water quality has
been selected as a public resource to be covered under the
plan, to review the specific forest practices activities planned
for the next twelve months and to determine whether such
activities are in compliance with the plan. The departments
will consult with the affected Indian tribes and other interested parties who have expressed an interest in connection
with the review. The landowner is to provide ten calendar
days' notice to the department prior to the commencement of
any forest practices authorized under a landscape level permit. The landscape level permit will not impose additional
conditions relating to the public resources selected for coverage under the plan beyond those agreed to in the plan. For the
purposes of chapter 43.21C RCW, forest practices conducted
in compliance with an approved plan are deemed not to have
the potential for a substantial impact on the environment as to
any public resource selected for coverage under the plan.
(5) Except as otherwise provided in a plan, the agreement implementing the landscape management plan is an
agreement that runs with the property covered by the
approved landscape management plan and the department
shall record notice of the plan in the real property records of
the counties in which the affected properties are located.
Prior to its termination, no plan shall permit forest land covered by its terms to be withdrawn from such coverage,
whether by sale, exchange, or other means, nor to be converted to nonforestry uses except to the extent that such withdrawal or conversion would not measurably impair the
achievement of the plan's stated public resource objectives.
If a participant transfers all or part of its interest in the property, the terms of the plan still apply to the new landowner for
the plan's stated duration unless the plan is terminated under
its terms or unless the plan specifies the conditions under
76.09.410
which the terms of the plan do not apply to the new landowner.
(6) The departments of natural resources, fish and wildlife, and ecology shall seek to develop memorandums of
agreements with federal agencies and affected Indian tribes
relating to tribal issues in the landscape management plans.
The departments shall solicit input from affected Indian
tribes in connection with the selection, review, and approval
of any landscape management plan. If any recommendation
is received from an affected Indian tribe and is not adopted by
the departments, the departments shall provide a written
explanation of their reasons for not adopting the recommendation.
(7) The department is directed to report to the forest
practices board annually through the year 2000, but no later
than December 31st of each year, on the status of each pilot
project. The department is directed to provide to the forest
practices board, no later than December 31, 2000, an evaluation of the pilot projects including a determination if a permanent landscape planning process should be established along
with a discussion of what legislative and rule modifications
are necessary. [2003 c 39 § 34; 1997 c 290 § 1.]
76.09.390
76.09.390 Sale of land or timber rights with continuing obligations—Notice—Failure to notify—Exemption.
(1) Except as provided in subsection (2) of this section, prior
to the sale or transfer of land or perpetual timber rights subject to continuing forest land obligations under the forest
practices rules adopted under RCW 76.09.370, as specifically
identified in the forests and fish report the seller shall notify
the buyer of the existence and nature of such a continuing
obligation and the buyer shall sign a notice of continuing forest land obligation indicating the buyer's knowledge thereof.
The notice shall be on a form prepared by the department and
shall be sent to the department by the seller at the time of sale
or transfer of the land or perpetual timber rights and retained
by the department. If the seller fails to notify the buyer about
the continuing forest land obligation, the seller shall pay the
buyer's costs related to such continuing forest land obligation, including all legal costs and reasonable attorneys' fees,
incurred by the buyer in enforcing the continuing forest land
obligation against the seller. Failure by the seller to send the
required notice to the department at the time of sale shall be
prima facie evidence, in an action by the buyer against the
seller for costs related to the continuing forest land obligation, that the seller did not notify the buyer of the continuing
forest land obligation prior to sale.
(2) Subsection (1) of this section does not apply to
checklist road maintenance and abandonment plans created
by RCW 76.09.420. [2003 c 311 § 6; 1999 sp.s. c 4 § 707.]
Findings—Effective date—2003 c 311: See notes following RCW
76.09.020.
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.09.410
76.09.410 Road maintenance and abandonment
plans—Fish passage barriers. (1) The state may not require
a small forest landowner to invest in upgrades, replacements,
or other engineering of a forest road, and any fish passage
barriers that are a part of the road, that do not threaten public
resources or create a barrier to the passage of fish.
[2003 RCW Supp—page 897]
76.09.420
Title 76 RCW: Forests and Forest Products
(2) Participation in the forests and fish agreement provides a benefit to both the landowner in terms of federal
assurances, and the public in terms of aquatic habitat preservation and water quality enhancement; therefore, if conditions do threaten public resources or create a fish passage barrier, the road maintenance and abandonment planning process may not require a small forest landowner to take a
positive action that will result in high cost without a significant portion of that cost being shared by the public.
(3) Some fish passage barriers are more of a threat to
public resources than others; therefore, no small forest landowner should be required to repair a fish passage barrier until
higher priority fish passage barriers on other lands in the
watershed have been repaired.
(4) If an existing fish passage barrier on land owned by a
small forest landowner was installed under an approved forest practices application or notification, and hydraulics
approval, and that fish passage barrier becomes a high priority for fish passage based on the watershed ranking in *RCW
76.13.150, one hundred percent public funding shall be provided.
(5) The preparation of a road maintenance and abandonment plan can require technical expertise that may require
large expenditures before the time that the landowner plans to
conduct any revenue-generating operations on his or her
land; therefore, small forest landowners should be allowed to
complete a simplified road maintenance and abandonment
plan checklist, that does not require professional engineering
or forestry expertise to complete, and that does not need to be
submitted until the time that the landowner submits a forest
practices application or notification for final or intermediate
harvesting, or for salvage of trees. Chapter 311, Laws of
2003 is intended to provide an alternate way for small forest
landowners to comply with the road maintenance and abandonment plan goals identified in the forest practices rules.
[2003 c 311 § 2.]
*Reviser's note: The reference to RCW 76.13.150 appears to be erroneous. Reference to RCW 77.12.755 was apparently intended.
Findings—Effective date—2003 c 311: See notes following RCW
76.09.020.
76.09.420
76.09.420 Road maintenance and abandonment
plans—Rules—Checklist—Report to the legislature—
Emergency rules. (1) The board must amend the forest
practices rules relating to road maintenance and abandonment plans that exist on May 14, 2003, to reflect the following:
(a) A forest landowner who owns a total of eighty acres
or less of forest land in Washington is not required to submit
a road maintenance and abandonment plan for any block of
forest land that is twenty contiguous acres or less in area;
(b) A landowner who satisfies the definition of a small
forest landowner, but who does not qualify under (a) of this
subsection, is only required to submit a checklist road maintenance and abandonment plan with the abbreviated content
requirements provided for in subsection (3) of this section,
and is not required to comply with annual reporting and
review requirements; and
(c) Existing forest roads must be maintained only to the
extent necessary to prevent damage to public resources.
[2003 RCW Supp—page 898]
(2) The department must provide a landowner who is
either exempted from submitting a road maintenance and
abandonment plan under subsection (1)(a) of this section, or
who qualifies for a checklist road maintenance and abandonment plan under subsection (1)(b) of this section, with an
educational brochure outlining road maintenance standards
and requirements. In addition, the department must develop
a series of nonmandatory educational workshops on the rules
associated with road construction and maintenance.
(3)(a) A landowner who qualifies for a checklist road
maintenance and abandonment plan under subsection (1)(b)
of this section is only required to submit a checklist, designed
by the department in consultation with the small forest landowner office advisory committee created in RCW 76.13.110,
that confirms that the landowner is applying the checklist criteria to forest roads covered or affected by a forest practices
application or notification. When developing the checklist
road maintenance and abandonment plan, the department
shall ensure that the checklist does not exceed current state
law. Nothing in this subsection increases or adds to small
forest landowners' duties or responsibilities under any other
section of the forest practices rules or any other state law or
rule.
(b) A landowner who qualifies for the checklist road
maintenance and abandonment plan is not required to submit
the checklist before the time that he or she submits a forest
practices application or notification for final or intermediate
harvesting, or for salvage of trees. The department may
encourage and accept checklists prior to the time that they are
due.
(4) The department must monitor the extent of the checklist road maintenance and abandonment plan approach and
report its findings to the appropriate committees of the legislature by December 31, 2008, and December 31, 2013.
(5) The board shall adopt emergency rules under RCW
34.05.090 by October 31, 2003, to implement this section.
The emergency rules shall remain in effect until permanent
rules can be adopted. The forest practices rules that relate to
road maintenance and abandonment plans shall remain in
effect as they existed on May 14, 2003, until emergency rules
have been adopted under this section.
(6) This section is only intended to relate to the board's
duties as they relate to the road maintenance and abandonment plan element of the forests and fish report. Nothing in
this section alters any forest landowner's duties and responsibilities under any other section of the forest practices rules, or
any other state law or rule. [2003 c 311 § 4.]
Findings—Effective date—2003 c 311: See notes following RCW
76.09.020.
76.09.430
76.09.430 Application to RCW 76.13.150. RCW
76.13.150 applies to road maintenance and abandonment
plans under this chapter. [2003 c 311 § 8.]
Findings—Effective date—2003 c 311: See notes following RCW
76.09.020.
76.09.440
76.09.440 Small forest landowner—Fish passage
barriers. The department shall not disapprove a forest practices application filed by a small forest landowner on the
basis that fish passage barriers have not been removed or
replaced if the small forest landowner filing the application
Reforestation
has committed to participate in the program established in
RCW 76.13.150 for all fish passage barriers existing on the
block of forest land covered by the forest practices application, and the fish passage barriers existing on the block of forest land covered by the forest practices application are lower
on the funding order list established for the program than the
current projects that are capable of being funded by the program. [2003 c 311 § 9.]
Findings—Effective date—2003 c 311: See notes following RCW
76.09.020.
76.09.450
76.09.450 Small forest landowner—Defined. For the
purposes of this chapter and RCW 76.13.150 and 77.12.755,
"small forest landowner" means an owner of forest land who,
at the time of submission of required documentation to the
department, has harvested from his or her own lands in this
state no more than an average timber volume of two million
board feet per year during the three years prior to submitting
documentation to the department and who certifies that he or
she does not expect to harvest from his or her own lands in
the state more than an average timber volume of two million
board feet per year during the ten years following the submission of documentation to the department. However, any
landowner who exceeded the two million board feet annual
average timber harvest threshold from their land in the three
years prior to submitting documentation to the department, or
who expects to exceed the threshold during any of the following ten years, shall still be deemed a "small forest landowner"
if he or she establishes to the department's reasonable satisfaction that the harvest limits were, or will be, exceeded in
order to raise funds to pay estate taxes or for an equally compelling and unexpected obligation, such as for a courtordered judgment or for extraordinary medical expenses.
[2003 c 311 § 11.]
Findings—Effective date—2003 c 311: See notes following RCW
76.09.020.
76.12.072
76.12.073
76.12.074
76.12.075
76.12.080
76.12.090
76.12.100
76.12.110
76.12.120
76.12.125
76.12.140
76.12.155
76.12.160
76.12.170
76.12.180
76.12.205
76.12.210
76.12.220
76.12.230
76.12.240
76.12.067
Recodified as RCW 79.22.300.
Recodified as RCW 79.22.310.
Recodified as RCW 79.22.320.
Recodified as RCW 79.22.330.
Recodified as RCW 79.22.020.
Recodified as RCW 79.22.080.
Recodified as RCW 79.22.090.
Recodified as RCW 79.64.100.
Recodified as RCW 79.22.050.
Recodified as RCW 79.22.060.
Recodified as RCW 79.22.070.
Recodified as RCW 79.22.030.
Recodified as RCW 43.30.710.
Recodified as RCW 43.30.720.
Recodified as RCW 79.38.070.
Recodified as RCW 43.30.800.
Recodified as RCW 43.30.810.
Recodified as RCW 43.30.820.
Recodified as RCW 43.30.830.
Recodified as RCW 79.02.420.
76.12.015
76.12.015 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
76.12.020
76.12.020 Recodified as RCW 79.22.010. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.030
76.12.030 Recodified as RCW 79.22.040. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.033
76.12.033 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
76.12.035
76.12.035 Recodified as RCW 79.22.100. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.040
76.09.910
76.09.910 Shoreline management act, hydraulics act,
other statutes and ordinances not modified—Exceptions.
Nothing in RCW 76.09.010 through 76.09.280 as now or
hereafter amended shall modify any requirements to comply
with the Shoreline Management Act of 1971 except as limited by RCW 76.09.240 as now or hereafter amended, or the
hydraulics act (RCW 77.55.100), other state statutes in effect
on January 1, 1975, and any local ordinances not inconsistent
with RCW 76.09.240 as now or hereafter amended. [2003 c
39 § 35; 1975 1st ex.s. c 200 § 12; 1974 ex.s. c 137 § 32.]
Chapter 76.12
Chapter 76.12 RCW
REFORESTATION
Sections
76.12.015
76.12.020
76.12.030
76.12.033
76.12.035
76.12.040
76.12.045
76.12.050
76.12.060
76.12.065
76.12.067
76.12.070
Repealed.
Recodified as RCW 79.22.010.
Recodified as RCW 79.22.040.
Repealed.
Recodified as RCW 79.22.100.
Recodified as RCW 79.10.040.
Recodified as RCW 79.10.050.
Recodified as RCW 79.17.020.
Recodified as RCW 79.17.060.
Recodified as RCW 79.17.070.
Recodified as RCW 79.22.120.
Recodified as RCW 79.22.110.
76.12.040 Recodified as RCW 79.10.040. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.045
76.12.045 Recodified as RCW 79.10.050. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.050
76.12.050 Recodified as RCW 79.17.020. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.060
76.12.060 Recodified as RCW 79.17.060. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.065
76.12.065 Recodified as RCW 79.17.070. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.067
76.12.067 Recodified as RCW 79.22.120. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
[2003 RCW Supp—page 899]
76.12.070
Title 76 RCW: Forests and Forest Products
76.12.070
76.12.070 Recodified as RCW 79.22.110. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.072
76.12.072 Recodified as RCW 79.22.300. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.073
76.12.073 Recodified as RCW 79.22.310. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.074
76.12.074 Recodified as RCW 79.22.320. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.075
76.12.075 Recodified as RCW 79.22.330. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.180
76.12.180 Recodified as RCW 79.38.070. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.205
76.12.205 Recodified as RCW 43.30.800. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.210
76.12.210 Recodified as RCW 43.30.810. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.220
76.12.220 Recodified as RCW 43.30.820. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.230
76.12.230 Recodified as RCW 43.30.830. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.240
76.12.080
76.12.080 Recodified as RCW 79.22.020. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.240 Recodified as RCW 79.02.420. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Chapter 76.13 RCW
STEWARDSHIP OF NONINDUSTRIAL FORESTS
AND WOODLANDS
Chapter 76.13
76.12.090
76.12.090 Recodified as RCW 79.22.080. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Sections
76.12.100
76.12.100 Recodified as RCW 79.22.090. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.13.100
76.13.150
76.13.100
76.12.110
76.12.110 Recodified as RCW 79.64.100. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.120
76.12.120 Recodified as RCW 79.22.050. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.125
76.12.125 Recodified as RCW 79.22.060. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.140
76.12.140 Recodified as RCW 79.22.070. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.155
76.12.155 Recodified as RCW 79.22.030. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.160
76.12.160 Recodified as RCW 43.30.710. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.12.170
76.12.170 Recodified as RCW 43.30.720. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
[2003 RCW Supp—page 900]
Findings.
Fish passage barriers—Cost-sharing program.
76.13.100 Findings. (1) The legislature finds that
increasing regulatory requirements continue to diminish the
economic viability of small forest landowners. The concerns
set forth in RCW 77.85.180 about the importance of sustaining forestry as a viable land use are particularly applicable to
small landowners because of the location of their holdings,
the expected complexity of the regulatory requirements, and
the need for significant technical expertise not readily available to small landowners. The further reduction in harvestable timber owned by small forest landowners as a result of
the rules to be adopted under RCW 76.09.055 will further
erode small landowners' economic viability and willingness
or ability to keep the lands in forestry use and, therefore,
reduce the amount of habitat available for salmon recovery
and conservation of other aquatic resources, as defined in
RCW 76.09.020.
(2) The legislature finds that the concerns identified in
subsection (1) of this section should be addressed by establishing within the department of natural resources a small forest landowner office that shall be a resource and focal point
for small forest landowner concerns and policies. The legislature further finds that a forestry riparian easement program
shall be established to acquire easements from small landowners along riparian and other areas of value to the state for
protection of aquatic resources. The legislature further finds
that small forest landowners should have the option of alternate management plans or alternate harvest restrictions on
smaller harvest units that may have a relatively low impact on
aquatic resources. The small forest landowner office should
Stewardship of Nonindustrial Forests and Woodlands
be responsible for assisting small landowners in the development and implementation of these plans or restrictions.
[2003 c 39 § 36; 1999 sp.s. c 4 § 501.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.13.150
76.13.150 Fish passage barriers—Cost-sharing program. (1) The legislature finds that a state-led cost-sharing
program is necessary to assist small forest landowners with
removing and replacing fish passage barriers that were added
to their land prior to May 14, 2003, to help achieve the goals
of the forests and fish report, and to assist small forest landowners in complying with the state's fish passage requirements.
(2) The small forest landowner office must, in cooperation with the department of fish and wildlife, establish a program designed to assist small forest landowners with repairing or removing fish passage barriers and assist lead entities
in acquiring the data necessary to fill any gaps in fish passage
barrier information. The small forest landowner office and
the department of fish and wildlife must work closely with
lead entities or other local watershed groups to make maximum use of current information regarding the location and
priority of current fish passage barriers. Where additional
fish passage barrier inventories are necessary, funding will be
sought for the collection of this information. Methods, protocols, and formulas for data gathering and prioritizing must be
developed in consultation with the department of fish and
wildlife. The department of fish and wildlife must assist in
the training and management of fish passage barrier location
data collection.
(3) The small forest landowner office must actively seek
out funding for the program authorized in this section. The
small forest landowner office must work with consenting
landowners to identify and secure funding from local, state,
federal, tribal, or nonprofit habitat restoration organizations
and other private sources, including the salmon recovery
funding board, the United States department of agriculture,
the United States department of transportation, the Washington state department of transportation, the United States
department of commerce, and the federal highway administration.
(4)(a) Except as otherwise provided in this subsection,
the small forest landowner office, in implementing the program established in this section, must provide the highest
proportion of public funding available for the removal or
replacement of any fish passage barrier.
(b) In no case shall a small forest landowner be required
to pay more than the lesser of either: (i) Twenty-five percent
of any costs associated with the removal or replacement of a
particular fish passage barrier; or (ii) five thousand dollars for
the removal or replacement of a particular fish passage barrier. No small forest landowner shall be required to pay more
than the maximum total annual costs in (c) of this subsection.
(c) The portion of the total cost of removing or replacing
fish passage barriers that a small forest landowner must pay
in any calendar year shall be determined based on the average
annual timber volume harvested from the landowner's lands
in this state during the three preceding calendar years, and
whether the fish passage barrier is in eastern or western
Washington.
76.13.150
(i) In western Washington (west of the Cascade Crest), a
small forest landowner who has harvested an average annual
timber volume of less than five hundred thousand board feet
shall not be required to pay more than a total of eight thousand dollars during that calendar year, a small forest landowner who has harvested an annual average timber volume
between five hundred thousand and nine hundred ninety-nine
thousand board feet shall not be required to pay more than a
total of sixteen thousand dollars during that calendar year, a
small forest landowner who has harvested an average annual
timber volume between one million and one million four
hundred ninety-nine thousand board feet shall not be required
to pay more than a total of twenty-four thousand dollars during that calendar year, and a small forest landowner who has
harvested an average annual timber volume greater than or
equal to one million five hundred thousand board feet shall
not be required to pay more than a total of thirty-two thousand dollars during that calendar year, regardless of the number of fish passage barriers removed or replaced on the landowner's lands during that calendar year.
(ii) In eastern Washington (east of the Cascade Crest), a
small forest landowner who has harvested an average annual
timber volume of less than five hundred thousand board feet
shall not be required to pay more than a total of two thousand
dollars during that calendar year, a small forest landowner
who has harvested an annual average timber volume between
five hundred thousand and nine hundred ninety-nine thousand board feet shall not be required to pay more than a total
of four thousand dollars during that calendar year, a small
forest landowner who has harvested an average annual timber
volume between one million and one million four hundred
ninety-nine thousand board feet shall not be required to pay
more than a total of twelve thousand dollars during that calendar year, and a small forest landowner who has harvested
an average annual timber volume greater than or equal to one
million five hundred thousand board feet shall not be
required to pay more than a total of sixteen thousand dollars
during that calendar year, regardless of the number of fish
passage barriers removed or replaced on the landowner's
lands during that calendar year.
(iii) Maximum total annual costs for small forest landowners with fish passage barriers in both western and eastern
Washington shall be those specified under (c)(i) and (ii) of
this subsection.
(d) If an existing fish passage barrier on land owned by a
small forest landowner was installed under an approved forest practices application or notification, and hydraulics
approval, and that fish passage barrier becomes a high priority for fish passage based on the watershed ranking in *RCW
76.13.150, one hundred percent public funding shall be provided.
(5) If a small forest landowner is required to contribute a
portion of the funding under the cost-share program established in this section, that landowner may satisfy his or her
required proportion by providing either direct monetary contributions or in-kind services to the project. In-kind services
may include labor, equipment, materials, and other landowner-provided services determined by the department to
have an appropriate value to the removal of a particular fish
passage barrier.
[2003 RCW Supp—page 901]
Chapter 76.16
Title 76 RCW: Forests and Forest Products
76.20.010
(6)(a) The department, using fish passage barrier assessments and ranked inventory information provided by the
department of fish and wildlife and the appropriate lead
entity as delineated in RCW 77.12.755, must establish a prioritized list for the funding of fish passage barrier removals
on property owned by small forest landowners that ensures
that funding is provided first to the known fish passage barriers existing on forest land owned by small forest landowners
that cause the greatest harm to public resources.
(b) As the department collects information about the
presence of fish passage barriers from submitted checklists, it
must share this information with the department of fish and
wildlife and the technical advisory groups established in
RCW 77.85.070. If the addition of the information collected
in the checklists or any other changes to the scientific instruments described in RCW 77.12.755 alter the analysis conducted under RCW 77.12.755, the department must alter the
funding order appropriately to reflect the new information.
(7) The department may accept commitments from small
forest landowners that they will participate in the program to
remove fish passage barriers from their land at any time,
regardless of the funding order given to the fish passage barriers on a particular landowner's property. [2003 c 311 § 7.]
*Reviser's note: The reference to RCW 76.13.150 appears to be erroneous. Reference to RCW 77.12.755 was apparently intended.
Findings—Effective date—2003 c 311: See notes following RCW
76.09.020.
Chapter 76.16 RCW
ACCESS TO STATE TIMBER AND OTHER
VALUABLE MATERIAL
Chapter 76.16
Sections
76.16.010
76.16.020
76.16.030
76.16.040
Recodified as RCW 79.36.310.
Recodified as RCW 79.36.320.
Recodified as RCW 79.36.330.
Recodified as RCW 79.36.340.
76.16.010
76.16.010 Recodified as RCW 79.36.310. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.16.020
76.16.020 Recodified as RCW 79.36.320. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.16.030
76.16.030 Recodified as RCW 79.36.330. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.16.040
76.16.040 Recodified as RCW 79.36.340. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Chapter 76.20
Chapter 76.20 RCW
FIREWOOD ON STATE LANDS
Sections
76.20.010
76.20.020
76.20.030
76.20.035
76.20.040
Recodified as RCW 79.15.400.
Recodified as RCW 79.15.410.
Recodified as RCW 79.15.420.
Recodified as RCW 79.15.430.
Recodified as RCW 79.15.440.
[2003 RCW Supp—page 902]
76.20.010 Recodified as RCW 79.15.400. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.20.020
76.20.020 Recodified as RCW 79.15.410. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.20.030
76.20.030 Recodified as RCW 79.15.420. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.20.035
76.20.035 Recodified as RCW 79.15.430. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
76.20.040
76.20.040 Recodified as RCW 79.15.440. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Chapter 76.36
Chapter 76.36 RCW
MARKS AND BRANDS
Sections
76.36.035
76.36.110
76.36.120
76.36.035
Registration of brands—Assignments—Fee—Rules—Penalty. (Effective July 1, 2004.)
Penalty for false branding, etc. (Effective July 1, 2004.)
Forgery of mark, etc.—Penalty. (Effective July 1, 2004.)
76.36.035 Registration of brands—Assignments—
Fee—Rules—Penalty. (Effective July 1, 2004.) (1) All
applications for brands, catch brands, renewals, and assignments thereof shall be submitted to and approved by the
department prior to use. The department may refuse to
approve any brand or catch brand which is identical to or
closely resembles a registered brand or catch brand, or is in
use by any other person or was not selected in good faith for
the marking or branding of forest products. If approval is
denied the applicant will select another brand.
(2) The registration for all existing brands or catch
brands shall expire on December 31, 1984, unless renewed
prior to that date. Renewals or new approved applications
shall be for five-year periods or portions thereof beginning on
January 1, 1985. On or before September 30, 1984, and September 30th immediately preceding the end of each successive five-year period the department shall notify by mail all
registered owners of brands or catch brands of the forthcoming expiration of their brands and the requirements for
renewal.
(3) A fee of fifteen dollars shall be charged by the department for registration of all brands, catch brands, renewals or
assignments prior to January 1, 1985. Thereafter the fee shall
be twenty-five dollars.
(4) Abandoned or canceled brands shall not be reissued
for a period of at least one year. The department shall determine the right to use brands or catch brands in dispute by
applicants.
(5) The department may adopt and enforce rules implementing the provisions of this chapter.
Wood Debris—Removal from Navigable Waters
(6)(a) Except as provided in (b) of this subsection, a violation of any rule adopted by the department under this [the]
authority of this section is a misdemeanor.
(b) The department may specify by rule, when not inconsistent with applicable statutes, that violation of a specific
rule is an infraction under chapter 7.84 RCW. [2003 c 53 §
370; 1987 c 380 § 18; 1984 c 60 § 8.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1987 c 380: See RCW 7.84.900 and
7.84.901.
76.36.110
76.36.110 Penalty for false branding, etc. (Effective
July 1, 2004.) Every person is guilty of a gross misdemeanor:
(1) Except boom companies organized as corporations
for the purpose of catching or reclaiming and holding or disposing of forest products for the benefit of the owners, and
authorized to do business under the laws of this state, who has
or takes in tow or into custody or possession or under control,
without the authorization of the owner of a registered mark or
brand thereupon, any forest products or booming equipment
having thereupon a mark or brand registered as required by
the terms of this chapter, or, with or without such authorization, any forest products or booming equipment which may
be branded under the terms of this chapter with a registered
mark or brand and having no registered mark or brand
impressed thereupon or cut therein; or,
(2) Who impresses upon or cut in any forest products or
booming equipment a mark or brand that is false, forged or
counterfeit; or,
(3) Who interferes with, prevents, or obstructs the owner
of any registered mark or brand, or his or her duly authorized
agent or representative, entering into or upon any tidelands,
marshes or beaches of this state or any mill, mill site, mill
yard or mill boom or rafting or storage grounds or any forest
products or any raft or boom thereof for the purpose of
searching for forest products and booming equipment having
impressed thereupon a registered mark or brand belonging to
him or her or retaking any forest products or booming equipment so found by him or her; or,
(4) Who impresses or cuts a catch brand that is not registered under the terms of this chapter upon or into any forest
products or booming equipment upon which there is a registered mark or brand as authorized by the terms of this chapter
or a catch brand, whether registered or not, upon any forest
products or booming equipment that was not purchased or
lawfully acquired by him or her from the owner. [2003 c 53
§ 371; 1994 c 163 § 1; 1984 c 60 § 6; 1925 ex.s. c 154 § 11;
RRS § 8381-11. Prior: 1890 p 112 § 8.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
76.36.120
76.36.120 Forgery of mark, etc.—Penalty. (Effective
July 1, 2004.) Every person is guilty of a class B felony punishable according to chapter 9A.20 RCW who, with an intent
to injure or defraud the owner:
(1) Shall falsely make, forge or counterfeit a mark or
brand registered as herein provided and use it in marking or
branding forest products or booming equipment; or,
76.48.120
(2) Shall cut out, destroy, alter, deface, or obliterate any
registered mark or brand impressed upon or cut into any forest products or booming equipment; or,
(3) Shall sell, encumber or otherwise dispose of or deal
in, or appropriate to his or her own use, any forest products or
booming equipment having impressed thereupon a mark or
brand registered as required by the terms of this chapter; or
(4) Shall buy or otherwise acquire or deal in any forest
products or booming equipment having impressed thereupon
a registered mark or brand. [2003 c 53 § 372; 1925 ex.s. c
154 § 12; RRS § 8381-12. Prior: 1890 p 111 §§ 6, 7.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 76.42
Chapter 76.42 RCW
WOOD DEBRIS—REMOVAL FROM
NAVIGABLE WATERS
Sections
76.42.060
Navigable waters—Unlawful to deposit wood debris into—
Exception.
76.42.060
76.42.060 Navigable waters—Unlawful to deposit
wood debris into—Exception. It shall be unlawful to dispose of wood debris by depositing such material into any of
the navigable waters of this state, except as authorized by law
including any discharge or deposit allowed to be made under
and in compliance with chapter 90.48 RCW and any rules
duly adopted thereunder or any deposit allowed to be made
under and in compliance with chapter 76.09 or 77.85 RCW
and any rules duly adopted under those chapters. Violation
of this section shall be a misdemeanor. [2003 c 39 § 37; 1999
sp.s. c 4 § 601; 1973 c 136 § 7.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
Chapter 76.48
Chapter 76.48 RCW
SPECIALIZED FOREST PRODUCTS
Sections
76.48.120
False, fraudulent, stolen or forged specialized forest products
permit, sales invoice, bill of lading, etc.—Penalty. (Effective
July 1, 2004.)
76.48.120
76.48.120 False, fraudulent, stolen or forged specialized forest products permit, sales invoice, bill of lading,
etc.—Penalty. (Effective July 1, 2004.) (1) It is unlawful
for any person, upon official inquiry, investigation, or other
authorized proceedings, to offer as genuine any paper, document, or other instrument in writing purporting to be a specialized forest products permit, or true copy thereof, authorization, sales invoice, or bill of lading, or to make any representation of authority to possess or conduct harvesting or
transporting of specialized forest products, knowing the same
to be in any manner false, fraudulent, forged, or stolen.
(2) Any person who knowingly or intentionally violates
this section is guilty of a class C felony punishable by imprisonment in a state correctional institution for a maximum term
fixed by the court of not more than five years or by a fine of
not more than five thousand dollars, or by both imprisonment
and fine.
[2003 RCW Supp—page 903]
Title 77
Title 77 RCW: Fish and Wildlife
(3) Whenever any law enforcement officer reasonably
suspects that a specialized forest products permit or true copy
thereof, authorization, sales invoice, or bill of lading is
forged, fraudulent, or stolen, it may be retained by the officer
until its authenticity can be verified. [2003 c 53 § 373; 1995
c 366 § 12; 1979 ex.s. c 94 § 14; 1977 ex.s. c 147 § 9; 1967
ex.s. c 47 § 13.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1995 c 366: See note following RCW 76.48.020.
Title 77
Title 77
FISH AND WILDLIFE
Chapters
77.08
77.12
77.15
77.32
77.36
77.55
77.65
77.70
77.85
77.105
Chapter 77.08
General terms defined.
Powers and duties.
Fish and wildlife enforcement code.
Licenses.
Wildlife damage.
Construction projects in state waters.
Food fish and shellfish—Commercial licenses.
License limitation programs.
Salmon recovery.
Recreational salmon and marine fish enhancement program.
Chapter 77.08 RCW
GENERAL TERMS DEFINED
Sections
77.08.010
Definitions.
77.08.010
77.08.010 Definitions. As used in this title or rules
adopted under this title, unless the context clearly requires
otherwise:
(1) "Director" means the director of fish and wildlife.
(2) "Department" means the department of fish and wildlife.
(3) "Commission" means the state fish and wildlife commission.
(4) "Person" means and includes an individual; a corporation; a public or private entity or organization; a local, state,
or federal agency; all business organizations, including corporations and partnerships; or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.
(5) "Fish and wildlife officer" means a person appointed
and commissioned by the director, with authority to enforce
this title and rules adopted pursuant to this title, and other
statutes as prescribed by the legislature. Fish and wildlife
officer includes a person commissioned before June 11,
1998, as a wildlife agent or a fisheries patrol officer.
(6) "Ex officio fish and wildlife officer" means a commissioned officer of a municipal, county, state, or federal
agency having as its primary function the enforcement of
criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fish and wildlife
officer" includes special agents of the national marine fisheries service, state parks commissioned officers, United States
fish and wildlife special agents, department of natural
[2003 RCW Supp—page 904]
resources enforcement officers, and United States forest service officers, while the agents and officers are within their
respective jurisdictions.
(7) "To hunt" and its derivatives means an effort to kill,
injure, capture, or harass a wild animal or wild bird.
(8) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.
(9) "To fish," "to harvest," and "to take," and their derivatives means an effort to kill, injure, harass, or catch a fish or
shellfish.
(10) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, taking, or possession of
game animals, game birds, game fish, food fish, or shellfish
that conform to the special restrictions or physical descriptions established by rule of the commission or that have otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission. "Open season" includes the
first and last days of the established time.
(11) "Closed season" means all times, manners of taking,
and places or waters other than those established by rule of
the commission as an open season. "Closed season" also
means all hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that do not
conform to the special restrictions or physical descriptions
established by rule of the commission as an open season or
that have not otherwise been deemed legal to hunt, fish, take,
harvest, or possess by rule of the commission as an open season.
(12) "Closed area" means a place where the hunting of
some or all species of wild animals or wild birds is prohibited.
(13) "Closed waters" means all or part of a lake, river,
stream, or other body of water, where fishing or harvesting is
prohibited.
(14) "Game reserve" means a closed area where hunting
for all wild animals and wild birds is prohibited.
(15) "Bag limit" means the maximum number of game
animals, game birds, or game fish which may be taken,
caught, killed, or possessed by a person, as specified by rule
of the commission for a particular period of time, or as to
size, sex, or species.
(16) "Wildlife" means all species of the animal kingdom
whose members exist in Washington in a wild state. This
includes but is not limited to mammals, birds, reptiles,
amphibians, fish, and invertebrates. The term "wildlife" does
not include feral domestic mammals, old world rats and mice
of the family Muridae of the order Rodentia, or those fish,
shellfish, and marine invertebrates classified as food fish or
shellfish by the director. The term "wildlife" includes all
stages of development and the bodily parts of wildlife members.
(17) "Wild animals" means those species of the class
Mammalia whose members exist in Washington in a wild
state and the species Rana catesbeiana (bullfrog). The term
"wild animal" does not include feral domestic mammals or
old world rats and mice of the family Muridae of the order
Rodentia.
(18) "Wild birds" means those species of the class Aves
whose members exist in Washington in a wild state.
General Terms Defined
(19) "Protected wildlife" means wildlife designated by
the commission that shall not be hunted or fished.
(20) "Endangered species" means wildlife designated by
the commission as seriously threatened with extinction.
(21) "Game animals" means wild animals that shall not
be hunted except as authorized by the commission.
(22) "Fur-bearing animals" means game animals that
shall not be trapped except as authorized by the commission.
(23) "Game birds" means wild birds that shall not be
hunted except as authorized by the commission.
(24) "Predatory birds" means wild birds that may be
hunted throughout the year as authorized by the commission.
(25) "Deleterious exotic wildlife" means species of the
animal kingdom not native to Washington and designated as
dangerous to the environment or wildlife of the state.
(26) "Game farm" means property on which wildlife is
held or raised for commercial purposes, trade, or gift. The
term "game farm" does not include publicly owned facilities.
(27) "Person of disability" means a permanently disabled
person who is not ambulatory without the assistance of a
wheelchair, crutches, or similar devices.
(28) "Fish" includes all species classified as game fish or
food fish by statute or rule, as well as all fin fish not currently
classified as food fish or game fish if such species exist in
state waters. The term "fish" includes all stages of development and the bodily parts of fish species.
(29) "Raffle" means an activity in which tickets bearing
an individual number are sold for not more than twenty-five
dollars each and in which a permit or permits are awarded to
hunt or for access to hunt big game animals or wild turkeys
on the basis of a drawing from the tickets by the person or
persons conducting the raffle.
(30) "Youth" means a person fifteen years old for fishing
and under sixteen years old for hunting.
(31) "Senior" means a person seventy years old or older.
(32) "License year" means the period of time for which a
recreational license is valid. The license year begins April
1st, and ends March 31st.
(33) "Saltwater" means those marine waters seaward of
river mouths.
(34) "Freshwater" means all waters not defined as saltwater including, but not limited to, rivers upstream of the
river mouth, lakes, ponds, and reservoirs.
(35) "State waters" means all marine waters and fresh
waters within ordinary high water lines and within the territorial boundaries of the state.
(36) "Offshore waters" means marine waters of the
Pacific Ocean outside the territorial boundaries of the state,
including the marine waters of other states and countries.
(37) "Concurrent waters of the Columbia river" means
those waters of the Columbia river that coincide with the
Washington-Oregon state boundary.
(38) "Resident" means a person who has maintained a
permanent place of abode within the state for at least ninety
days immediately preceding an application for a license, has
established by formal evidence an intent to continue residing
within the state, and who is not licensed to hunt or fish as a
resident in another state.
(39) "Nonresident" means a person who has not fulfilled
the qualifications of a resident.
77.08.010
(40) "Shellfish" means those species of marine and
freshwater invertebrates that have been classified and that
shall not be taken except as authorized by rule of the commission. The term "shellfish" includes all stages of development
and the bodily parts of shellfish species.
(41) "Commercial" means related to or connected with
buying, selling, or bartering.
(42) "To process" and its derivatives mean preparing or
preserving fish, wildlife, or shellfish.
(43) "Personal use" means for the private use of the individual taking the fish or shellfish and not for sale or barter.
(44) "Angling gear" means a line attached to a rod and
reel capable of being held in hand while landing the fish or a
hand-held line operated without rod or reel.
(45) "Fishery" means the taking of one or more particular species of fish or shellfish with particular gear in a particular geographical area.
(46) "Limited-entry license" means a license subject to a
license limitation program established in chapter 77.70
RCW.
(47) "Seaweed" means marine aquatic plant species that
are dependent upon the marine aquatic or tidal environment,
and exist in either an attached or free floating form, and
includes but is not limited to marine aquatic plants in the
classes Chlorophyta, Phaeophyta, and Rhodophyta.
(48) "Trafficking" means offering, attempting to engage,
or engaging in sale, barter, or purchase of fish, shellfish,
wildlife, or deleterious exotic wildlife.
(49) "Invasive species" means a plant species or a nonnative animal species that either:
(a) Causes or may cause displacement of, or otherwise
threatens, native species in their natural communities;
(b) Threatens or may threaten natural resources or their
use in the state;
(c) Causes or may cause economic damage to commercial or recreational activities that are dependent upon state
waters; or
(d) Threatens or harms human health.
(50) "Prohibited aquatic animal species" means an invasive species of the animal kingdom that has been classified as
a prohibited aquatic animal species by the commission.
(51) "Regulated aquatic animal species" means a potentially invasive species of the animal kingdom that has been
classified as a regulated aquatic animal species by the commission.
(52) "Unregulated aquatic animal species" means a nonnative animal species that has been classified as an unregulated aquatic animal species by the commission.
(53) "Unlisted aquatic animal species" means a nonnative animal species that has not been classified as a prohibited
aquatic animal species, a regulated aquatic animal species, or
an unregulated aquatic animal species by the commission.
(54) "Aquatic plant species" means an emergent, submersed, partially submersed, free-floating, or floating-leaving plant species that grows in or near a body of water or wetland.
(55) "Retail-eligible species" means commercially harvested salmon, crab, and sturgeon. [2003 c 387 § 1; 2002 c
281 § 2; 2001 c 253 § 10; 2000 c 107 § 207; 1998 c 190 § 111;
1996 c 207 § 2; 1993 sp.s. c 2 § 66; 1989 c 297 § 7; 1987 c
[2003 RCW Supp—page 905]
Chapter 77.12
Title 77 RCW: Fish and Wildlife
506 § 11; 1980 c 78 § 9; 1955 c 36 § 77.08.010. Prior: 1947
c 275 § 9; Rem. Supp. 1947 § 5992-19.]
Purpose—2002 c 281: "The legislature recognizes the potential economic and environmental damage that can occur from the introduction of
invasive aquatic species. The purpose of this act is to increase public awareness of invasive aquatic species and enhance the department of fish and wildlife's regulatory capability to address threats posed by these species." [2002
c 281 § 1.]
Intent—1996 c 207: "It is the intent of the legislature to clarify hunting
and fishing laws in light of the decision in State v. Bailey, 77 Wn. App. 732
(1995). The fish and wildlife commission has the authority to establish hunting and fishing seasons. These seasons are defined by limiting the times,
manners of taking, and places or waters for lawful hunting, fishing, or possession of game animals, game birds, or game fish, as well as by limiting the
physical characteristics of the game animals, game birds, or game fish which
may be lawfully taken at those times, in those manners, and at those places
or waters." [1996 c 207 § 1.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
Chapter 77.12
Chapter 77.12 RCW
POWERS AND DUTIES
Sections
77.12.065
77.12.150
77.12.170
77.12.755
77.12.880
Wildlife viewing tourism.
Game seasons—Opening and closing—Special hunt.
State wildlife fund—Deposits.
Ranked inventory of fish passage barriers.
Wildlife program management.
77.12.065
77.12.065 Wildlife viewing tourism. The department
shall manage wildlife programs in a manner that provides for
public opportunities to view wildlife and supports wildlife
viewing tourism without impairing the state's wildlife
resources. [2003 c 183 § 1.]
77.12.150
77.12.150 Game seasons—Opening and closing—
Special hunt. (1) By emergency rule only, and in accordance
with criteria established by the commission, the director may
close or shorten a season for game animals, game birds, or
game fish, and after a season has been closed or shortened,
may reopen it and reestablish bag limits on game animals,
game birds, or game fish during that season. The director
shall advise the commission of the adoption of emergency
rules. A copy of an emergency rule, certified as a true copy
by the director or by a person authorized in writing by the
director to make the certification, is admissible in court as
prima facie evidence of the adoption and validity of the rule.
(2)(a) If the director finds that game animals have
increased in numbers in an area of the state so that they are
damaging public or private property or over-utilizing their
habitat, the commission may establish a special hunting season and designate the time, area, and manner of taking and
the number and sex of the animals that may be killed or possessed by a licensed hunter. The director shall include notice
of the special season in the rules establishing open seasons.
(b) When the department receives six complaints concerning damage to commercial agricultural and horticultural
crop production by wildlife from the owner or tenant of real
property, or from several owners or tenants in a locale, the
[2003 RCW Supp—page 906]
commission shall conduct a special hunt or special hunts or
take remedial action to reduce the potential for the damage,
and shall authorize either one or two permits per hunter.
Each complaint must be confirmed by qualified department
staff, or their designee.
(c) The director shall determine by random selection the
identity of hunters who may hunt within the area of the special hunt and shall determine the conditions and requirements
of the selection process. Within this process, the department
must maintain a list of all persons holding valid wildlife hunting licenses, arranged by county of residence, who may hunt
deer or elk that are causing damage to crops. The department
must update the list annually and utilize the list when contacting persons to assist in controlling game damage to crops.
The department must make all reasonable efforts to contact
individuals residing within the county where the hunting of
deer or elk will occur before contacting a person who is not a
resident of that county. The department must randomize the
names of people on the list in order to provide a fair distribution of the hunting opportunities. Hunters who participate in
hunts under this section must report any kills to the department. The department must include a summary of the wildlife harvested in these hunts in the annual game management
reports it makes available to the public. [2003 c 385 § 2;
1987 c 506 § 24; 1984 c 240 § 4; 1980 c 78 § 29; 1977 ex.s. c
58 § 1; 1975 1st ex.s. c 102 § 1; 1955 c 36 § 77.12.150. Prior:
1949 c 205 § 2; 1947 c 275 § 25; Rem. Supp. 1949 § 599235.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
Special hunting season permits: RCW 77.32.370.
77.12.170
77.12.170 State wildlife fund—Deposits. (1) There is
established in the state treasury the state wildlife fund which
consists of moneys received from:
(a) Rentals or concessions of the department;
(b) The sale of real or personal property held for department purposes;
(c) The sale of licenses, permits, tags, and stamps
required by chapter 77.32 RCW and RCW 77.65.490, except
annual resident adult saltwater and all shellfish licenses,
which shall be deposited into the state general fund;
(d) Fees for informational materials published by the
department;
(e) Fees for personalized vehicle license plates as provided in chapter 46.16 RCW;
(f) Articles or wildlife sold by the director under this
title;
(g) Compensation for damage to department property or
wildlife losses or contributions, gifts, or grants received
under RCW 77.12.320;
(h) Excise tax on anadromous game fish collected under
chapter 82.27 RCW;
(i) The sale of personal property seized by the department for fish, shellfish, or wildlife violations;
(j) The department's share of revenues from auctions and
raffles authorized by the commission; and
(k) The sale of watchable wildlife decals under RCW
77.32.560.
Fish and Wildlife Enforcement Code
77.15.075
77.12.880
(2) State and county officers receiving any moneys listed
in subsection (1) of this section shall deposit them in the state
treasury to be credited to the state wildlife fund. [2003 c 317
§ 3; 2001 c 253 § 15; 2000 c 107 § 216. Prior: 1998 c 191 §
38; 1998 c 87 § 2; 1996 c 101 § 7; 1989 c 314 § 4; 1987 c 506
§ 25; 1984 c 258 § 334; prior: 1983 1st ex.s. c 8 § 2; 1983 c
284 § 1; 1981 c 310 § 2; 1980 c 78 § 30; 1979 c 56 § 1; 1973
1st ex.s. c 200 § 12 (Referendum Bill No. 33); 1969 ex.s. c
199 § 33; 1955 c 36 § 77.12.170; prior: 1947 c 275 § 27;
Rem. Supp. 1947 § 5992-37.]
Findings—2003 c 317: See note following RCW 77.32.560.
77.12.880 Wildlife program management. The
department shall manage wildlife programs in a manner that
provides for public opportunities to view wildlife and supports nature-based and wildlife viewing tourism without
impairing the state's wildlife resources. [2003 c 153 § 3.]
Findings—2003 c 153: See note following RCW 43.330.090.
Chapter 77.15 RCW
FISH AND WILDLIFE ENFORCEMENT CODE
Chapter 77.15
Sections
Findings—1996 c 101: See note following RCW 77.32.530.
77.15.075
77.15.194
77.15.196
77.15.198
Finding—1989 c 314: See note following RCW 77.15.098.
77.15.310
Effective date—1998 c 191: See note following RCW 77.32.400.
Effective date—1998 c 87: See note following RCW 77.32.380.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
77.15.552
77.15.554
77.15.568
77.15.700
Enforcement authority of fish and wildlife officers.
Unlawful traps—Penalty. (Effective July 1, 2004.)
Unlawful poison—Penalty. (Effective July 1, 2004.)
Violation of RCW 77.15.194 or 77.15.196—Penalty. (Effective July 1, 2004.)
Unlawful failure to use or maintain approved fish guard on
water diversion device—Penalty.
Qualifying commercial fishing violations.
License suspension review committee.
Retail fish seller's failure to account for commercial harvest—
Penalty.
Grounds for department revocation and suspension of privileges.
Findings—Intent—1983 c 284: See note following RCW 82.27.020.
Effective dates—1981 c 310: "(1) Sections 9 and 10 of this act are necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect on July 1, 1981.
(2) Section 13 of this act shall take effect on May 1, 1982.
(3) Sections 8, 11, 12, and 14 of this act shall take effect on July 1,
1982.
(4) All other sections of this act shall take effect on January 1, 1982."
[1981 c 310 § 32.]
77.15.075
77.12.755 Ranked inventory of fish passage barriers.
In coordination with the department of natural resources and
lead entity groups, the department must establish a ranked
inventory of fish passage barriers on land owned by small
forest landowners based on the principle of fixing the worst
first within a watershed consistent with the fish passage priorities of the forest and fish report. The department shall first
gather and synthesize all available existing information about
the locations and impacts of fish passage barriers in Washington. This information must include, but not be limited to,
the most recently available limiting factors analysis conducted pursuant to RCW 77.85.060(2), the stock status information contained in the department of fish and wildlife
salmonid stock inventory (SASSI), the salmon and steelhead
habitat inventory and assessment project (SSHIAP), and any
comparable science-based assessment when available. The
inventory of fish passage barriers must be kept current and at
a minimum be updated by the beginning of each calendar
year. Nothing in this section grants the department or others
additional right of entry onto private property. [2003 c 311 §
10.]
77.15.075 Enforcement authority of fish and wildlife
officers. (1) Fish and wildlife officers and ex officio fish and
wildlife officers shall enforce this title, rules of the department, and other statutes as prescribed by the legislature. Fish
and wildlife officers who are not ex officio officers shall have
and exercise, throughout the state, such police powers and
duties as are vested in sheriffs and peace officers generally.
An applicant for a fish and wildlife officer position must be a
citizen of the United States of America who can read and
write the English language. All fish and wildlife officers
employed after June 13, 2002, must successfully complete
the basic law enforcement academy course, known as the
basic course, sponsored by the criminal justice training commission, or the basic law enforcement equivalency certification, known as the equivalency course, provided by the criminal justice training commission. All officers employed on
June 13, 2002, must have successfully completed the basic
course, the equivalency course, or the supplemental course in
criminal law enforcement, known as the supplemental
course, offered under chapter 155, Laws of 1985. Any
officer who has not successfully completed the basic course,
the equivalency course, or the supplemental course must
complete the basic course or the equivalency course within
fifteen months of June 13, 2002.
(2) Fish and wildlife officers are peace officers.
(3) Any liability or claim of liability under chapter 4.92
RCW that arises out of the exercise or alleged exercise of
authority by a fish and wildlife officer rests with the department unless the fish and wildlife officer acts under the direction and control of another agency or unless the liability is
otherwise assumed under an agreement between the department and another agency.
(4) Fish and wildlife officers may serve and execute warrants and processes issued by the courts. [2003 c 388 § 3;
2002 c 128 § 4; 2000 c 107 § 212; 1998 c 190 § 112; 1993
sp.s. c 2 § 67; 1988 c 36 § 50; 1987 c 506 § 16; 1985 c 155 §
2; 1980 c 78 § 17. Formerly RCW 77.12.055.]
Findings—Effective date—2003 c 311: See notes following RCW
76.09.020.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Legislative intent—1981 c 310: "The legislature finds that abundant
deer and elk populations are in the best interest of the state, and for many reasons the state's deer and elk populations have apparently declined. The legislature further finds that antlerless deer and elk seasons have been an issue
of great controversy throughout the state, and that antlerless deer and elk seasons may contribute to a further decline in the state's deer and elk populations." [1981 c 310 § 1.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.755
[2003 RCW Supp—page 907]
77.15.194
Title 77 RCW: Fish and Wildlife
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.15.194
77.15.194 Unlawful traps—Penalty. (Effective July
1, 2004.) (1) It is unlawful to use or authorize the use of any
steel-jawed leghold trap, neck snare, or other body-gripping
trap to capture any mammal for recreation or commerce in
fur.
(2) It is unlawful to knowingly buy, sell, barter, or otherwise exchange, or offer to buy, sell, barter, or otherwise
exchange the raw fur of a mammal or a mammal that has been
trapped in this state with a steel-jawed leghold trap or any
other body-gripping trap, whether or not pursuant to permit.
(3) It is unlawful to use or authorize the use of any steeljawed leghold trap or any other body-gripping trap to capture
any animal, except as provided in subsections (4) and (5) of
this section.
(4) Nothing in this section prohibits the use of a Conibear trap in water, a padded leghold trap, or a nonstrangling
type foot snare with a special permit granted by the director
under (a) through (d) of this subsection. Issuance of the special permits shall be governed by rules adopted by the department and in accordance with the requirements of this section.
Every person granted a special permit to use a trap or device
listed in this subsection shall check the trap or device at least
every twenty-four hours.
(a) Nothing in this section prohibits the director, in consultation with the department of social and health services or
the United States department of health and human services
from granting a permit to use traps listed in this subsection
for the purpose of protecting people from threats to their
health and safety.
(b) Nothing in this section prohibits the director from
granting a special permit to use traps listed in this subsection
to a person who applies for such a permit in writing, and who
establishes that there exists on a property an animal problem
that has not been and cannot be reasonably abated by the use
of nonlethal control tools, including but not limited to guard
animals, electric fencing, or box and cage traps, or if such
nonlethal means cannot be reasonably applied. Upon making
a finding in writing that the animal problem has not been and
cannot be reasonably abated by nonlethal control tools or if
the tools cannot be reasonably applied, the director may
authorize the use, setting, placing, or maintenance of the traps
for a period not to exceed thirty days.
(c) Nothing in this section prohibits the director from
granting a special permit to department employees or agents
to use traps listed in this subsection where the use of the traps
is the only practical means of protecting threatened or endangered species as designated under RCW 77.08.010.
(d) Nothing in this section prohibits the director from
issuing a permit to use traps listed in this subsection, excluding Conibear traps, for the conduct of legitimate wildlife
research.
(5) Nothing in this section prohibits the United States
fish and wildlife service, its employees or agents, from using
a trap listed in subsection (4) of this section where the fish
and wildlife service determines, in consultation with the
[2003 RCW Supp—page 908]
director, that the use of such traps is necessary to protect species listed as threatened or endangered under the federal
endangered species act (16 U.S.C. Sec. 1531 et seq.).
(6) A person violating this section is guilty of a gross
misdemeanor. [2003 c 53 § 374; 2001 c 1 § 3 (Initiative Measure No. 713, approved November 7, 2000).]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Finding—Severability—2001 c 1 (Initiative Measure No. 713): See
notes following RCW 77.15.192.
77.15.196
77.15.196 Unlawful poison—Penalty. (Effective July
1, 2004.) (1) It is unlawful to poison or attempt to poison any
animal using sodium fluoroacetate, also known as compound
1080, or sodium cyanide.
(2) A person violating this section is guilty of a gross
misdemeanor. [2003 c 53 § 375; 2001 c 1 § 4 (Initiative Measure No. 713, approved November 7, 2000).]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Finding—Severability—2001 c 1 (Initiative Measure No. 713): See
notes following RCW 77.15.192.
77.15.198
77.15.198 Violation of RCW 77.15.194 or
77.15.196—Penalty. (Effective July 1, 2004.) In addition to
appropriate criminal penalties, the director shall revoke the
trapping license of any person convicted of a violation of
RCW 77.15.194 or 77.15.196. The director shall not issue
the violator a trapping license for a period of five years following the revocation. Following a subsequent conviction
for a violation of RCW 77.15.194 or 77.15.196 by the same
person, the director shall not issue a trapping license to the
person at any time. [2003 c 53 § 376; 2001 c 1 § 5 (Initiative
Measure No. 713, approved November 7, 2000).]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Finding—Severability—2001 c 1 (Initiative Measure No. 713): See
notes following RCW 77.15.192.
77.15.310
77.15.310 Unlawful failure to use or maintain
approved fish guard on water diversion device—Penalty.
(1) A person is guilty of unlawful failure to use or maintain an
approved fish guard on a diversion device if the person owns,
controls, or operates a device used for diverting or conducting water from a lake, river, or stream and:
(a) The device is not equipped with a fish guard, screen,
or bypass approved by the director as required by RCW
77.55.040 or 77.55.320; or
(b) The person knowingly fails to maintain or operate an
approved fish guard, screen, or bypass so as to effectively
screen or prevent fish from entering the intake.
(2) Unlawful failure to use or maintain an approved fish
guard, screen, or bypass on a diversion device is a gross misdemeanor. Following written notification to the person from
the department that there is a violation, each day that a diversion device is operated without an approved or maintained
fish guard, screen, or bypass is a separate offense. [2003 c 39
§ 38; 2000 c 107 § 240; 1998 c 190 § 53.]
77.15.552
77.15.552 Qualifying commercial fishing violations.
(1) If a person is convicted of two or more qualifying com-
Fish and Wildlife Enforcement Code
mercial fishing violations within a three-year period, the person's privileges to participate in the commercial fishery to
which the violations applied may be suspended by the director for up to one year. A commercial fishery license that is
suspended under this section may not be transferred after the
director issues a notice of suspension, or used by an alternative operator or transferred during the period of suspension, if
the person who is the subject of the suspension notice is the
person who owns the commercial fishery license.
(2) For the purposes of this section only, "qualifying
commercial fishing violation" means either:
(a) A conviction under RCW 77.15.500, 77.15.510,
77.15.520, 77.15.530, 77.15.550(1)(a), 77.15.570, 77.15.580,
or 77.15.590;
(b) A gross misdemeanor or felony involving commercial fish harvesting, buying, or selling that is unlawful under
the terms of the license, this title, or the rules issued pursuant
to this title, if the quantity of unlawfully harvested, possessed, bought, or sold fish, other than shellfish, groundfish,
or coastal pelagic species of baitfish totals greater than six
percent, by weight, of the harvest available for inspection at
the time of citation and the cumulative value of the unlawfully harvested fish is more than two hundred fifty dollars at
the time of citation;
(c) A gross misdemeanor or felony involving commercial groundfish or coastal pelagic baitfish harvest, buying, or
selling that is unlawful under the terms of the license, this
title, or the rules issued under this title, if: (i) The quantity of
unlawfully harvested, possessed, bought, or sold groundfish
or coastal pelagic baitfish totals greater than ten percent, by
weight, of the harvest available for inspection at the time of
citation and has a cumulative value greater than five hundred
dollars; or (ii) the quantity, by weight, of the unlawfully commercially harvested groundfish or coastal pelagic baitfish is
ten percent greater than the landing allowances provided
under rules adopted by the department for species categorized as over-fished by the national marine fisheries service;
or
(d) A gross misdemeanor or felony involving commercial shellfish harvesting, buying, or selling that is unlawful
under the terms of the license, this title, or the rules issued
pursuant to this title, if the quantity of unlawfully harvested,
possessed, bought, or sold shellfish: (i) Totals greater than
six percent of the harvest available for inspection at the time
of citation; and (ii) totals fifty or more individual shellfish.
(3)(a) The director may refer a person convicted of one
qualifying commercial fishing violation to the license suspension review committee if the director feels that the qualifying commercial fishing violation was of a severe enough
magnitude to justify suspension of the individual's license
renewal privileges.
(b) The director may refer any person convicted of one
egregious shellfish violation to the license suspension review
committee.
(c) For the purposes of this section only, "egregious
shellfish violation" means a gross misdemeanor or felony
involving commercial shellfish harvesting, buying, or selling
that is unlawful under the terms of the license, this title, or the
rules issued pursuant to this title, if the quantity of unlawfully
harvested, possessed, bought, or sold shellfish: (i) Totals
more than twenty percent of the harvest available for inspec-
77.15.554
tion at the time of citation; (ii) totals five hundred or more
individual shellfish; and (iii) is valued at two thousand five
hundred dollars or more.
(4) A person who has a commercial fishing license suspended or revoked under this section may file an appeal with
the license suspension review committee pursuant to RCW
77.15.554. An appeal must be filed within thirty-one days of
notice of license suspension or revocation. If an appeal is
filed, the suspension or revocation issued by the department
does not take effect until after the license suspension review
committee has delivered an opinion. If no appeal is filed
within thirty-one days of notice of license suspension or
revocation, the right to an appeal is considered waived. All
suspensions ordered under this section take effect either
thirty-one days following the conviction for the second qualifying commercial fishing violation, or upon a decision pursuant to RCW 77.15.554, whichever is later.
(5) A fishing privilege suspended under this section is in
addition to the statutory penalties assigned to the underlying
crime.
(6) For the purposes of this section only, the burden is on
the state to show the dollar amount or the percent of a harvest
that is comprised of unlawfully harvested, bought, or sold
individual fish or shellfish. [2003 c 386 § 3.]
Findings—Intent—2003 c 386: See note following RCW 77.15.700.
77.15.554
77.15.554 License suspension review committee. (1)
The license suspension review committee is created. The
license suspension review committee may only hear appeals
from commercial fishers who have had a license revoked or
suspended pursuant to RCW 77.15.552.
(2)(a) The license suspension review committee is composed of five voting members and up to four alternates.
(b) Two of the members must be appointed by the director and may be department employees.
(c) Three members, and up to four alternates, must be
peer-group members, who are individuals owning a commercial fishing license issued by the department. If a peer-group
member appears before the license suspension review committee because of a qualifying commercial fishing violation,
the member must recuse himself or herself from the proceedings relating to that violation. No two voting peer-group
members may reside in the same county. All peer-group
members must be appointed by the commission, who may
accept recommendations from professional organizations
that represent commercial fishing interests or from the legislative authority of any Washington county.
(d) All license suspension review committee members
serve a two-year renewable term.
(e) The commission may develop minimum member
standards for service on the license suspension review committee, and standards for terminating a member before the
expiration of his or her term.
(3) The license suspension review committee must convene and deliver an opinion on a license renewal suspension
within three months of appeal or of referral from the department. The director shall consider the committee's opinion
and make a decision and may issue, not issue, or modify the
license suspension.
(4) The license suspension review committee shall collect the information and hear the testimony that it feels neces[2003 RCW Supp—page 909]
77.15.568
Title 77 RCW: Fish and Wildlife
sary to deliver an opinion on the proper length, if any, of a
suspension of a commercial license. The opinion may be
based on extenuating circumstances presented by the individual convicted of the qualifying commercial fishing violation
or considerations of the type and magnitude of violations that
have been committed by the individual. The maximum
length of any suspension may not exceed one year.
(5) All opinions of the license suspension review committee must be by a majority vote of all voting members.
Alternate committee members may only vote when one of the
voting members is unavailable, has been recused, or has
decided not to vote on the case before the committee. Nonvoting alternates may be present and may participate at all
license suspension review committee meetings.
(6) Members of the license suspension review committee
serve as volunteers, and are not eligible for compensation
other than travel expenses pursuant to RCW 43.03.050 and
43.03.060.
(7) Staff of the license suspension review committee
must be provided by the department. [2003 c 386 § 4.]
Findings—Intent—2003 c 386: See note following RCW 77.15.700.
77.15.568
77.15.568 Retail fish seller's failure to account for
commercial harvest—Penalty. Since violation of rules of
the department relating to the accounting of the commercial
harvest of food fish, commercialized game fish, and shellfish
result in damage to the resources of the state, persons selling
such fish and shellfish at retail, including but not limited to
stores, markets, and restaurants, must maintain sufficient
records for the department to be able to ascertain the origin of
the fish and shellfish in their possession.
(1) A retail fish seller is guilty of retail fish seller's failure
to account for commercial harvest if the retail seller sells fish
or shellfish at retail, the fish or shellfish were required to be
entered on a Washington state fish receiving ticket, the seller
is not a wholesale fish dealer or fisher selling under a direct
retail sale endorsement, and the seller fails to maintain sufficient records at the location where the fish or shellfish are
being sold to determine the following:
(a) The name of the wholesale fish dealer or fisher selling under a direct retail sale endorsement from whom the fish
were purchased;
(b) The wholesale fish dealer's license number or the
number of the fisher's sale under a direct retail sale endorsement;
(c) The fish receiving ticket number documenting original receipt, if known;
(d) The date of purchase; and
(e) The amount of fish or shellfish originally purchased
from the wholesale dealer or fisher selling under a direct
retail sale endorsement.
(2) A retail fish seller's failure to account for commercial
harvest is a misdemeanor. [2003 c 336 § 1.]
(2) If the department finds that actions of the defendant
demonstrated a willful or wanton disregard for conservation
of fish or wildlife. Such suspension of privileges may be permanent. This subsection (2) does not apply to violations
involving commercial fishing;
(3) If a person is convicted twice within ten years for a
violation involving unlawful hunting, killing, or possessing
big game, the department shall order revocation and suspension of all hunting privileges for two years. RCW 77.12.722
or *77.16.050 as it existed before June 11, 1998, may comprise one of the convictions constituting the basis for revocation and suspension under this subsection;
(4) If a person is convicted three times in ten years of any
violation of recreational hunting or fishing laws or rules, the
department shall order a revocation and suspension of all recreational hunting and fishing privileges for two years. [2003
c 386 § 2; 2001 c 253 § 46; 1998 c 190 § 66.]
*Reviser's note: RCW 77.16.050 was repealed by 1998 c 190 § 124.
Findings—Intent—2003 c 386: "(1)(a) The legislature finds that existing law as it relates to the suspension of commercial fishing licenses does not
take into account the real-life circumstances faced by the state's commercial
fishing fleets. The nature of the commercial fishing industry, together with
the complexity of fisheries regulations, is such that honest mistakes can be
made by well-meaning and otherwise law-abiding fishers. Commercial fishing violations that occur within an acceptable margin of error should not
result in the suspension of fishing privileges. Likewise, fishers facing the
possibility of license suspension or revocation deserve the opportunity to
explain any extenuating circumstances prior to having his or her professional
privileges suspended.
(b) The legislature intends, by creating the license suspension review
committee, to provide a fisher with the opportunity to explain any extenuating circumstances that led to a commercial fishing violation. The legislature
intends for the license suspension review committee to give serious considerations to the case-specific facts and scenarios leading up to a violation, and
for license suspensions to issue only when the facts indicate a willful act that
undermines the conservation of fish stocks. Frivolous violations should not
result in the suspension of privileges, and should be punished only by the
criminal sanctions attached to the underlying crime.
(2)(a) The legislature further finds that gross abuses of fish stocks
should not be tolerated. Individuals convicted of even one violation that is
egregious in nature, causing serious detriment to a fishery or the competitive
disposition of other fishers, should have his or her license suspended and
revoked.
(b) The legislature intends for the license suspension review committee
to take egregious fisheries' violations seriously. When dealing with individuals convicted of only one violation, the license suspension review committee should only consider suspension for individuals that are convicted of violations that are of a severe magnitude and show a wanton disregard for the
public's resource." [2003 c 386 § 1.]
Chapter 77.32
Sections
77.32.050
77.32.256
77.32.380
77.32.430
77.32.470
77.15.700
77.15.700 Grounds for department revocation and
suspension of privileges. The department shall impose revocation and suspension of privileges upon conviction in the
following circumstances:
(1) If directed by statute for an offense;
[2003 RCW Supp—page 910]
Chapter 77.32 RCW
LICENSES
77.32.555
77.32.560
77.32.050
Recreational licenses, permits, tags, stamps, and raffle tickets
issued by authorized officials—Rules—Fees—Transaction
fee.
Duplicate licenses, rebates, permits, tags, and stamps—Fees.
(Effective April 1, 2004.)
Fish and wildlife lands vehicle use permit—Improved access
facility—Fee—Youth groups—Display—Transfer between
vehicles—Penalty.
Catch record cards. (Effective April 1, 2004.)
Personal use fishing licenses—Fees—Temporary fishing
license—Family fishing weekend license—Rules.
Surcharge to fund biotoxin testing and monitoring.
Watchable wildlife decals.
77.32.050 Recreational licenses, permits, tags,
stamps, and raffle tickets issued by authorized officials—
Licenses
Rules—Fees—Transaction fee. All recreational licenses,
permits, tags, and stamps required by this title and raffle tickets authorized under chapter 77.12 RCW shall be issued
under the authority of the commission. The commission shall
adopt rules for the issuance of recreational licenses, permits,
tags, stamps, and raffle tickets, and for the collection, payment, and handling of license fees, terms and conditions to
govern dealers, and dealers' fees. A transaction fee on recreational documents issued through an automated licensing
system may be set by the commission and collected from licensees. The department may authorize all or part of such fee
to be paid directly to a contractor providing automated licensing system services. Fees retained by dealers shall be uniform throughout the state. The department shall authorize
dealers to collect and retain dealer fees of at least two dollars
for purchase of a standard hunting or fishing recreational
license document, except that the commission may set a
lower dealer fee for issuance of tags or when a licensee buys
a license that involves a stamp or display card format rather
than a standard department licensing document form. [2003
c 389 § 1; 2000 c 107 § 266; 1999 c 243 § 2; 1998 c 191 § 10;
1996 c 101 § 8; 1995 c 116 § 1; 1987 c 506 § 77; 1981 c 310
§ 16; 1980 c 78 § 106; 1979 ex.s. c 3 § 2; 1955 c 36 §
77.32.050. Prior: 1953 c 75 § 2; 1947 c 275 § 97; Rem.
Supp. 1947 § 5992-106.]
Finding—1999 c 243: "The legislature finds that recreational license
dealers are private businesses that provide the service of license sales in
every part of the state. The dealers who sell recreational fishing and hunting
licenses for the department of fish and wildlife perform a valuable public service function for those members of the public who purchase licenses as well
as a revenue generating function for the department. The modernized fishing
and hunting license format will require additional investments by license
dealers in employee training and public education." [1999 c 243 § 1.]
Effective date—1999 c 243: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 10, 1999]." [1999 c 243 § 4.]
Effective date—1998 c 191: "Sections 10, 24, 31 through 33, 37, 43,
and 45 of this act are necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its existing
public institutions, and take effect immediately [March 27, 1998]." [1998 c
191 § 49.]
Findings—1996 c 101: See note following RCW 77.32.530.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective dates—Legislative intent—1981 c 310: See notes following
RCW 77.12.170.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.32.256
77.32.256 Duplicate licenses, rebates, permits, tags,
and stamps—Fees. (Effective April 1, 2004.) The director
shall by rule establish the conditions and fees for issuance of
duplicate licenses, rebates, permits, tags, and stamps required
by this chapter. The fee for duplicate licenses, rebates, permits, tags, and stamps, except catch record cards, may not
exceed the actual cost to the department for issuing the duplicate. [2003 c 318 § 2; 2002 c 222 § 1; 1995 c 116 § 6; 1994
c 255 § 13; 1991 sp.s. c 7 § 7; 1987 c 506 § 86; 1985 c 464 §
7; 1981 c 310 § 30; 1980 c 78 § 121; 1975 1st ex.s. c 15 § 32.]
Effective date—2003 c 318: See note following RCW 77.32.430.
Effective date—1994 c 255 §§ 1-13: See note following RCW
77.32.520.
77.32.380
Effective date—1991 sp.s. c 7: See note following RCW 77.65.450.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—1985 c 464: See note following RCW 77.32.191.
Effective dates—Legislative intent—1981 c 310: See notes following
RCW 77.12.170.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
Effective dates—1975 1st ex.s. c 15: See note following RCW
77.65.450.
77.32.380
77.32.380 Fish and wildlife lands vehicle use permit—Improved access facility—Fee—Youth groups—
Display—Transfer between vehicles—Penalty. (1) Persons who enter upon or use clearly identified department
improved access facilities with a motor vehicle may be
required to display a current annual fish and wildlife lands
vehicle use permit on the motor vehicle while within or while
using an improved access facility. An "improved access
facility" is a clearly identified area specifically created for
motor vehicle parking, and includes any boat launch or boat
ramp associated with the parking area, but does not include
the department parking facilities at the Gorge Concert Center
near George, Washington. One vehicle use permit shall be
issued at no charge with an initial purchase of either an
annual saltwater, freshwater, combination, small game hunting, big game hunting, or trapping license, or a watchable
wildlife decal, issued by the department. The annual fee for
a fish and wildlife lands vehicle use permit, if purchased separately, is ten dollars. A person to whom the department has
issued a vehicle use permit or who has purchased a vehicle
use permit separately may purchase additional vehicle use
permits from the department at a cost of five dollars per vehicle use permit. Revenue derived from the sale of fish and
wildlife lands vehicle use permits shall be used solely for the
stewardship and maintenance of department improved access
facilities.
Youth groups may use department improved access
facilities without possessing a vehicle use permit when
accompanied by a vehicle use permit holder.
(2) The vehicle use permit must be displayed from the
interior of the motor vehicle so that it is clearly visible from
outside of the motor vehicle before entering upon or using the
motor vehicle on a department improved access facility. The
vehicle use permit can be transferred between two vehicles
and must contain space for the vehicle license numbers of
each vehicle.
(3) Failure to display the fish and wildlife lands vehicle
use permit if required by this section is an infraction under
chapter 7.84 RCW, and department employees are authorized
to issue a notice of infraction to the registered owner of any
motor vehicle entering upon or using a department improved
access facility without such a vehicle use permit. The penalty
for failure to clearly display the vehicle use permit is sixty-six
dollars. This penalty is reduced to thirty dollars if the registered owner provides proof to the court that he or she purchased a vehicle use permit within fifteen days after the issuance of the notice of violation. [2003 c 317 § 4; 2001 c 243 §
1; 2000 c 107 § 271; 1998 c 87 § 1; 1993 sp.s. c 2 § 77; 1991
sp.s. c 7 § 12; 1988 c 36 § 52; 1987 c 506 § 90; 1985 c 464 §
11; 1981 c 310 § 15.]
[2003 RCW Supp—page 911]
77.32.430
Title 77 RCW: Fish and Wildlife
Findings—2003 c 317: See note following RCW 77.32.560.
Effective date—1998 c 87: "This act takes effect January 1, 1999."
[1998 c 87 § 3.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Effective date—1991 sp.s. c 7: See note following RCW 77.65.450.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—1985 c 464: See note following RCW 77.65.450.
Effective dates—Legislative intent—1981 c 310: See notes following
RCW 77.12.170.
77.32.430
77.32.430 Catch record cards. (Effective April 1,
2004.) (1) Catch record cards necessary for proper management of the state's food fish and game fish species and shellfish resources shall be administered under rules adopted by
the commission and issued at no charge for the initial catch
record card and ten dollars for each subsequent catch record
card. A duplicate catch record [card] costs ten dollars.
(2) Catch record cards issued with affixed temporary
short-term charter stamp licenses are not subject to the tendollar charge as provided in this section. Charter boat or
guide operators issuing temporary short-term charter stamp
licenses shall affix the stamp to each catch record card issued
before fishing commences. Catch record cards issued with a
temporary short-term charter stamp are valid for two consecutive days.
(3) The department shall include provisions for recording marked and unmarked salmon in catch record cards
issued after March 31, 2004.
(4) The funds received from the sale of catch record
cards must be deposited into the wildlife fund. [2003 c 318 §
1; 1998 c 191 § 5; 1989 c 305 § 10. Formerly RCW
75.25.190.]
Effective date—2003 c 318: "This act takes effect April 1, 2004."
[2003 c 318 § 3.]
Effective date—1998 c 191: See note following RCW 77.32.400.
77.32.470
77.32.470 Personal use fishing licenses—Fees—Temporary fishing license—Family fishing weekend license—
Rules. (1) A personal use saltwater, freshwater, combination, temporary, or family fishing weekend license is required
for all persons fifteen years of age or older to fish for or possess fish taken for personal use from state waters or offshore
waters.
(2) The fees for annual personal use saltwater, freshwater, or combination licenses are as follows:
(a) A combination license allows the holder to fish for or
possess fish, shellfish, and seaweed from state waters or offshore waters. The fee for this license is thirty-six dollars for
residents, seventy-two dollars for nonresidents, and five dollars for youth.
(b) A saltwater license allows the holder to fish for or
possess fish taken from saltwater areas. The fee for this
license is eighteen dollars for residents, thirty-six dollars for
nonresidents, and five dollars for resident seniors.
(c) A freshwater license allows the holder to fish for,
take, or possess food fish or game fish species in all freshwater areas. The fee for this license is twenty dollars for resi[2003 RCW Supp—page 912]
dents, forty dollars for nonresidents, and five dollars for resident seniors.
(3) A temporary fishing license is valid for two consecutive days and allows the holder to fish for or possess fish
taken from state waters or offshore waters. The fee for this
temporary fishing license is six dollars for both residents and
nonresidents. Except for active duty military personnel serving in any branch of the United States armed forces, this
license is not valid on game fish species for an eight-consecutive-day period beginning on the opening day of the lowland
lake fishing season.
(4) A family fishing weekend license allows for a maximum of six anglers: One resident and five youth; two residents and four youth; or one resident, one nonresident, and
four youth. This license allows the holders to fish for or possess fish taken from state waters or offshore waters. The fee
for this license is twenty dollars. This license is only valid
during periods as specified by rule of the department.
(5) The commission may adopt rules to create and sell
combination licenses for all hunting and fishing activities at
or below a fee equal to the total cost of the individual license
contained within any combination. [2003 c 181 § 1; 1998 c
191 § 16.]
Effective date—2003 c 181: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 9, 2003]." [2003 c 181 § 2.]
Effective date—1998 c 191: See note following RCW 77.32.400.
77.32.555
77.32.555 Surcharge to fund biotoxin testing and
monitoring. In addition to the fees authorized in this chapter, the department shall include a surcharge to fund biotoxin
testing and monitoring by the department of health of
beaches used for recreational shellfishing, and to fund monitoring by the Olympic region harmful algal bloom program
of the Olympic natural resources center at the University of
Washington. A surcharge of three dollars applies to resident
and nonresident shellfish and seaweed licenses as authorized
by RCW 77.32.520(2) (a) and (b); and a surcharge of two
dollars applies to resident and nonresident adult combination
licenses as authorized by RCW 77.32.470(2)(a). Amounts
collected from these surcharges must be deposited in the general fund—local account managed by the department of
health, except that one hundred fifty thousand dollars per
year shall be deposited in the general fund—local account
managed by the University of Washington.
Amounts in excess of the annual costs of the department
of health recreational shellfish testing and monitoring program shall be transferred to the general fund by the department of health. [2003 c 263 § 2.]
Findings—2003 c 263: "The legislature finds that testing and monitoring of beaches used for recreational shellfishing is essential to ensure the
health of recreational shellfishers. The legislature also finds that it is essential to have a stable and reliable source of funding for such biotoxin testing
and monitoring. The legislature also finds that the cost of the resident and
nonresident personal use shellfish and seaweed licenses is undervalued and
not properly aligned with neighboring states and provinces." [2003 c 263 §
1.]
Effective date—2003 c 263: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 263 § 4.]
Wildlife Damage
77.55.100
77.32.560
77.32.560 Watchable wildlife decals. (1) The department may sell watchable wildlife decals. Proceeds from the
sale of the decal must be deposited into the state wildlife fund
created in RCW 77.12.170 and must be dedicated to the support of the department's watchable wildlife activities. The
department may also use proceeds from the sale of the decal
for marketing the decal and for marketing watchable wildlife
activities in the state.
(2) The term "watchable wildlife activities" includes but
is not limited to: Initiating partnerships with communities to
jointly develop watchable wildlife projects, building infrastructure to serve wildlife viewers, assisting and training
communities in conducting wildlife watching events, developing destination wildlife viewing corridors and trails, tours,
maps, brochures, and travel aides, and offering grants to
assist rural communities in identifying key wildlife attractions and ways to protect and promote them.
(3) The commission must adopt by rule the cost of the
watchable wildlife decal. A person may, at their discretion,
contribute more than the cost as set by the commission by
rule for the watchable wildlife decal in order to support
watchable wildlife activities. A person who purchases a
watchable wildlife decal must be issued one vehicle use permit free of charge. [2003 c 317 § 2.]
Findings—2003 c 317: "The legislature finds that healthy wildlife populations significantly contribute to the economic vitality of Washington's
rural areas through increased opportunities for watchable wildlife and related
tourism. Travel related to watchable wildlife is one of the fastest growing
segments of the travel industry. Much of this travel occurs off-season, creating jobs and providing revenue to local businesses and governments during
otherwise slow periods. The watchable wildlife industry is particularly
important to Washington's rural economies.
The legislature also finds that it is vital to support programs that
enhance watchable wildlife activities and tourism, while also protecting the
wildlife resources that attract the viewers. A revenue source must be created
and directed to the watchable wildlife programs of the department of fish and
wildlife to develop watchable wildlife opportunities in cooperation with
other local, state, and federal agencies, and nongovernmental organizations."
[2003 c 317 § 1.]
Chapter 77.36
Chapter 77.36 RCW
WILDLIFE DAMAGE
Sections
77.36.020
77.36.020
Game damage control—Special hunt/remedial action.
77.36.020 Game damage control—Special
hunt/remedial action. The department shall work closely
with landowners and tenants suffering game damage problems to control damage without killing the animals when
practical, to increase the harvest of damage-causing animals
in hunting seasons, and to kill the animals when no other
practical means of damage control is feasible.
If the department receives recurring complaints regarding property being damaged as described in this section or
RCW 77.36.030 from the owner or tenant of real property, or
receives such complaints from several such owners or tenants
in a locale, the commission shall conduct a special hunt or
special hunts or take remedial action to reduce the potential
for such damage. The commission shall authorize either one
or two antlerless permits per hunter for special hunts held in
damage areas where qualified department staff, or their designee, have confirmed six incidents of crop damage by deer
or elk.
As an alternative to hunting, the department shall work
with affected entities to relocate deer and elk when needed to
augment existing herds. [2003 c 385 § 1; 1996 c 54 § 3.]
Chapter 77.55 RCW
CONSTRUCTION PROJECTS IN STATE WATERS
Chapter 77.55
Sections
77.55.060
77.55.100
77.55.170
77.55.370
Fishways required in dams, obstructions—Penalties, remedies
for failure.
Hydraulic projects or other work—Plans and specifications—
Permits—Approval—Emergencies—Tide gates.
Hydraulic appeals board—Members—Jurisdiction—Procedures.
"Tide gate" defined.
77.55.060
77.55.060 Fishways required in dams, obstructions—
Penalties, remedies for failure. (1) Subject to subsection
(3) of this section, a dam or other obstruction across or in a
stream shall be provided with a durable and efficient fishway
approved by the director. Plans and specifications shall be
provided to the department prior to the director's approval.
The fishway shall be maintained in an effective condition and
continuously supplied with sufficient water to freely pass
fish.
(2) If a person fails to construct and maintain a fishway
or to remove the dam or obstruction in a manner satisfactory
to the director, then within thirty days after written notice to
comply has been served upon the owner, his or her agent, or
the person in charge, the director may construct a fishway or
remove the dam or obstruction. Expenses incurred by the
department constitute the value of a lien upon the dam and
upon the personal property of the person owning the dam.
Notice of the lien shall be filed and recorded in the office of
the county auditor of the county in which the dam or obstruction is situated. The lien may be foreclosed in an action
brought in the name of the state.
If, within thirty days after notice to construct a fishway
or remove a dam or obstruction, the owner, his or her agent,
or the person in charge fails to do so, the dam or obstruction
is a public nuisance and the director may take possession of
the dam or obstruction and destroy it. No liability shall attach
for the destruction.
(3) For the purposes of this section, "other obstruction"
does not include tide gates, flood gates, and associated manmade agricultural drainage facilities that were originally
installed as part of an agricultural drainage system on or
before May 20, 2003, or the repair, replacement, or improvement of such tide gates or flood gates. [2003 c 391 § 1; 1998
c 190 § 86; 1983 1st ex.s. c 46 § 72; 1955 c 12 § 75.20.060.
Prior: 1949 c 112 § 47; Rem. Supp. 1949 § 5780-321. Formerly RCW 75.20.060.]
Severability—2003 c 391: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2003 c 391 § 8.]
Effective date—2003 c 391: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 20, 2003]." [2003 c 391 § 9.]
77.55.100
77.55.100 Hydraulic projects or other work—Plans
and specifications—Permits—Approval—Emergen[2003 RCW Supp—page 913]
77.55.100
Title 77 RCW: Fish and Wildlife
cies—Tide gates. (1) In the event that any person or government agency desires to construct any form of hydraulic
project or perform other work that will use, divert, obstruct,
or change the natural flow or bed of any of the salt or fresh
waters of the state, such person or government agency shall,
before commencing construction or work thereon and to
ensure the proper protection of fish life, secure the approval
of the department as to the adequacy of the means proposed
for the protection of fish life. This approval shall not be
unreasonably withheld or unreasonably conditioned.
(2)(a) The department shall grant or deny approval of a
standard permit within forty-five calendar days of the receipt
of a complete application and notice of compliance with any
applicable requirements of the state environmental policy act,
made in the manner prescribed in this section. The permit
must contain provisions allowing for minor modifications to
the plans and specifications without requiring reissuance of
the permit.
(b) The applicant may document receipt of application
by filing in person or by registered mail. A complete application for approval shall contain general plans for the overall
project, complete plans and specifications of the proposed
construction or work within the mean higher high water line
in salt water or within the ordinary high water line in fresh
water, and complete plans and specifications for the proper
protection of fish life.
(c) The forty-five day requirement shall be suspended if:
(i) After ten working days of receipt of the application,
the applicant remains unavailable or unable to arrange for a
timely field evaluation of the proposed project;
(ii) The site is physically inaccessible for inspection; or
(iii) The applicant requests delay. Immediately upon
determination that the forty-five day period is suspended, the
department shall notify the applicant in writing of the reasons
for the delay.
(d) For purposes of this section, "standard permit" means
a written permit issued by the department when the conditions under subsections (3) and (5)(b) of this section are not
met.
(3)(a) The department may issue an expedited written
permit in those instances where normal permit processing
would result in significant hardship for the applicant or unacceptable damage to the environment. In cases of imminent
danger, the department shall issue an expedited written permit, upon request, for work to repair existing structures,
move obstructions, restore banks, protect property, or protect
fish resources. Expedited permit requests require a complete
written application as provided in subsection (2)(b) of this
section and shall be issued within fifteen calendar days of the
receipt of a complete written application. Approval of an
expedited permit is valid for up to sixty days from the date of
issuance.
(b) For the purposes of this subsection, "imminent danger" means a threat by weather, water flow, or other natural
conditions that is likely to occur within sixty days of a request
for a permit application.
(c) The department may not require the provisions of the
state environmental policy act, chapter 43.21C RCW, to be
met as a condition of issuing a permit under this subsection.
(d) The department or the county legislative authority
may determine if an imminent danger exists. The county leg[2003 RCW Supp—page 914]
islative authority shall notify the department, in writing, if it
determines that an imminent danger exists.
(4) Approval of a standard permit is valid for a period of
up to five years from date of issuance. The permittee must
demonstrate substantial progress on construction of that portion of the project relating to the approval within two years of
the date of issuance. If the department denies approval, the
department shall provide the applicant, in writing, a statement of the specific reasons why and how the proposed
project would adversely affect fish life. Protection of fish life
shall be the only ground upon which approval may be denied
or conditioned. Chapter 34.05 RCW applies to any denial of
project approval, conditional approval, or requirements for
project modification upon which approval may be contingent.
(5)(a) In case of an emergency arising from weather or
stream flow conditions or other natural conditions, the
department, through its authorized representatives, shall
issue immediately, upon request, oral approval for removing
any obstructions, repairing existing structures, restoring
stream banks, or to protect property threatened by the stream
or a change in the stream flow without the necessity of
obtaining a written approval prior to commencing work.
Conditions of an oral approval to protect fish life shall be
established by the department and reduced to writing within
thirty days and complied with as provided for in this section.
Oral approval shall be granted immediately, upon request, for
a stream crossing during an emergency situation.
(b) For purposes of this section and RCW 77.55.110,
"emergency" means an immediate threat to life, the public,
property, or of environmental degradation.
(c) The department or the county legislative authority
may declare and continue an emergency when one or more of
the criteria under (b) of this subsection are met. The county
legislative authority shall immediately notify the department
if it declares an emergency under this subsection.
(6) The department shall, at the request of a county,
develop five-year maintenance approval agreements, consistent with comprehensive flood control management plans
adopted under the authority of RCW 86.12.200, or other
watershed plan approved by a county legislative authority, to
allow for work on public and private property for bank stabilization, bridge repair, removal of sand bars and debris, channel maintenance, and other flood damage repair and reduction activity under agreed-upon conditions and times without
obtaining permits for specific projects.
(7) This section shall not apply to the construction of any
form of hydraulic project or other work which diverts water
for agricultural irrigation or stock watering purposes authorized under or recognized as being valid by the state's water
codes, or when such hydraulic project or other work is associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020. These irrigation
or stock watering diversion and streambank stabilization
projects shall be governed by RCW 77.55.110.
A landscape management plan approved by the department and the department of natural resources under RCW
76.09.350(2), shall serve as a hydraulic project approval for
the life of the plan if fish are selected as one of the public
resources for coverage under such a plan.
Food Fish and Shellfish—Commercial Licenses
(8) For the purposes of this section and RCW 77.55.110,
"bed" means the land below the ordinary high water lines of
state waters. This definition does not include irrigation
ditches, canals, storm water run-off devices, or other artificial
watercourses except where they exist in a natural watercourse
that has been altered by man.
(9) The phrase "to construct any form of hydraulic
project or perform other work" does not include the act of
driving across an established ford. Driving across streams or
on wetted stream beds at areas other than established fords
requires approval. Work within the ordinary high water line
of state waters to construct or repair a ford or crossing
requires approval.
(10) The department shall not require a fishway on a tide
gate, flood gate, or other associated man-made agricultural
drainage facilities as a condition of a hydraulic project
approval if such fishway was not originally installed as part
of an agricultural drainage system existing on or before May
20, 2003.
(11) Any condition requiring a self-regulating tide gate
to achieve fish passage in an existing hydraulic project
approval under this section may not be enforced. [2003 c 391
§ 2; 2002 c 368 § 2; 2000 c 107 § 16; 1998 c 190 § 87. Prior:
1997 c 385 § 1; 1997 c 290 § 4; 1993 sp.s. c 2 § 30; 1991 c
322 § 30; 1988 c 272 § 1; 1988 c 36 § 33; 1986 c 173 § 1;
1983 1st ex.s. c 46 § 75; 1975 1st ex.s. c 29 § 1; 1967 c 48 §
1; 1955 c 12 § 75.20.100; prior: 1949 c 112 § 49; Rem. Supp.
1949 § 5780-323. Formerly RCW 75.20.100.]
Severability—Effective date—2003 c 391: See notes following RCW
77.55.060.
Finding—Intent—2002 c 368: "The legislature finds that hydraulic
project approvals should ensure that fish life is properly protected, but conditions attached to the approval of these permits must reasonably relate to the
potential harm that the projects may produce. The legislature is particularly
concerned over the current overlap of agency jurisdiction regarding storm
water projects, and believes that there is an immediate need to address this
issue to ensure that project applicants are not given conflicting directions
over project design. Requiring a major redesign of a project results in major
delays, produces exponentially rising costs for both public and private
project applicants, and frequently produces only marginal benefits for fish.
The legislature recognizes that the department of ecology is primarily
responsible for the approval of storm water projects. The legislature believes
that once the department of ecology approves a proposed storm water
project, it is inappropriate for the department of fish and wildlife to require a
major redesign of that project in order for the applicant to obtain hydraulic
project approval. The legislature further believes that it is more appropriate
for the department of fish and wildlife to defer the design elements of a storm
water project to the department of ecology and focus its own efforts on determining reasonable mitigation or conditions for the project based upon the
project's potential harm to fish. It is the intent of the legislature to restore
some balance over conditions attached to hydraulic permits, and to minimize
overlapping state regulatory authority regarding storm water projects in
order to reduce waste in both time and money while still providing ample
protection for fish life." [2002 c 368 § 1.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Findings—Intent—1991 c 322: See note following RCW 86.12.200.
Severability—1988 c 279: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1988 c 272 § 6.]
77.55.170
77.55.170 Hydraulic appeals board—Members—
Jurisdiction—Procedures. (1) There is hereby created
within the environmental hearings office under RCW
Chapter 77.65
43.21B.005 the hydraulic appeals board of the state of Washington.
(2) The hydraulic appeals board shall consist of three
members: The director of the department of ecology or the
director's designee, the director of the department of agriculture or the director's designee, and the director or the director's designee of the department whose action is appealed
under subsection (6) of this section. A decision must be
agreed to by at least two members of the board to be final.
(3) The board may adopt rules necessary for the conduct
of its powers and duties or for transacting other official business.
(4) The board shall make findings of fact and prepare a
written decision in each case decided by it, and that finding
and decision shall be effective upon being signed by two or
more board members and upon being filed at the hydraulic
appeals board's principal office, and shall be open to public
inspection at all reasonable times.
(5) The board has exclusive jurisdiction to hear appeals
arising from the approval, denial, conditioning, or modification of a hydraulic approval issued by the department: (a)
Under the authority granted in RCW 77.55.110 for the diversion of water for agricultural irrigation or stock watering purposes or when associated with streambank stabilization to
protect farm and agricultural land as defined in RCW
84.34.020; or (b) under the authority granted in RCW
77.55.230 for off-site mitigation proposals.
(6)(a) Any person aggrieved by the approval, denial,
conditioning, or modification of a hydraulic approval pursuant to RCW 77.55.110 may, except as otherwise provided in
chapter 43.21L RCW, seek review from the board by filing a
request for the same within thirty days of notice of the
approval, denial, conditioning, or modification of such
approval.
(b) The review proceedings authorized in (a) of this subsection are subject to the provisions of chapter 34.05 RCW
pertaining to procedures in adjudicative proceedings. [2003
c 393 § 21; 2000 c 107 § 20; 1996 c 276 § 2; 1993 sp.s. c 2 §
37; 1989 c 175 § 160; 1988 c 272 § 3; 1988 c 36 § 37; 1986 c
173 § 4. Formerly RCW 75.20.130.]
Implementation—Effective date—2003 c 393: See RCW 43.21L.900
and 43.21L.901.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1988 c 272: See note following RCW 77.55.100.
77.55.370
77.55.370 "Tide gate" defined. As used in this chapter, "tide gate" means a one-way check valve that prevents the
backflow of tidal water. [2003 c 391 § 6.]
Severability—Effective date—2003 c 391: See notes following RCW
77.55.060.
Chapter 77.65
Chapter 77.65 RCW
FOOD FISH AND SHELLFISH—
COMMERCIAL LICENSES
Sections
77.65.030
77.65.510
Commercial licenses and permits—Application deadline—
Exception.
Direct retail endorsement—Fee—Responsibilities of holder.
[2003 RCW Supp—page 915]
77.65.030
77.65.515
77.65.520
Title 77 RCW: Fish and Wildlife
Direct retail endorsement—Requirements.
Direct retail endorsement—Compliance—Violations—Suspension.
77.65.030
77.65.030 Commercial licenses and permits—Application deadline—Exception. The application deadline for a
commercial license or permit established in this chapter is
December 31st of the calendar year for which the license or
permit is sought. The department shall accept no license or
permit applications after December 31st of the calendar year
for which the license or permit is sought. The application
deadline in this section does not apply to a license or permit
that has not been renewed because of the death or incapacity
of the license or permit holder. The license or permit holder's
surviving spouse, estate, estate beneficiary, attorney in fact,
or guardian must be given an additional one hundred eighty
days to renew the license or permit. [2003 c 386 § 5; 2001 c
244 § 2; 1993 c 340 § 3; 1986 c 198 § 8; 1983 1st ex.s. c 46 §
103; 1981 c 201 § 1; 1965 ex.s. c 57 § 1; 1959 c 309 § 4; 1957
c 171 § 3. Formerly RCW 75.28.014.]
Effective date—2003 c 386 § 5: "Section 5 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [May 20, 2003]." [2003 c 386 § 6.]
Findings—Intent—2003 c 386: See note following RCW 77.15.700.
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
77.65.510
77.65.510 Direct retail endorsement—Fee—Responsibilities of holder. (1) The department must establish and
administer a direct retail endorsement to serve as a single
license that permits the holder of a Washington license to
commercially harvest retail-eligible species and to clean,
dress, and sell his or her catch directly to consumers at retail,
including over the internet. The direct retail endorsement
must be issued as an optional addition to all holders of a commercial fishing license for retail-eligible species that the
department offers under this chapter.
(2) The direct retail endorsement must be offered at the
time of application for the qualifying commercial fishing
license. Individuals in possession of a qualifying commercial
fishing license issued under this chapter may add a direct
retail endorsement to their current license at any time. Individuals who do not have a commercial fishing license for
retail-eligible species issued under this chapter may not
receive a direct retail endorsement. The costs, conditions,
responsibilities, and privileges associated with the endorsed
commercial fishing license is not affected or altered in any
way by the addition of a direct retail endorsement. These
costs include the base cost of the license and any revenue and
excise taxes.
(3) An individual need only add one direct retail
endorsement to his or her license portfolio. If a direct retail
endorsement is selected by an individual holding more than
one commercial fishing license issued under this chapter, a
single direct retail endorsement is considered to be added to
all qualifying commercial fishing licenses held by that individual, and is the only license required for the individual to
sell at retail any retail-eligible species permitted by all of the
underlying endorsed licenses. The direct retail endorsement
applies only to the person named on the endorsed license, and
[2003 RCW Supp—page 916]
may not be used by an alternate operator named on the
endorsed license.
(4) In addition to any fees charged for the endorsed
licenses and harvest documentation as required by this chapter or the rules of the department, the department may set a
reasonable annual fee not to exceed the administrative costs
to the department for a direct retail endorsement.
(5) The holder of a direct retail endorsement is responsible for documenting the commercial harvest of salmon and
crab according to the provisions of this chapter, the rules of
the department for a wholesale fish dealer, and the reporting
requirements of the endorsed license. Any retail-eligible species caught by the holder of a direct retail endorsement must
be documented on fish tickets.
(6) The direct retail endorsement must be displayed in a
readily visible manner by the seller wherever and whenever a
sale to someone other than a licensed wholesale dealer
occurs. The commission may require that the holder of a
direct retail endorsement notify the department up to eighteen
hours before conducting an in-person sale of retail-eligible
species, except for in-person sales that have a cumulative
retail sales value of less than one hundred fifty dollars in a
twenty-four hour period that are sold directly from the vessel.
For sales occurring in a venue other than in person, such as
over the internet, through a catalog, or on the phone, the
direct retail endorsement number of the seller must be provided to the buyer both at the time of sale and the time of
delivery. All internet sales must be conducted in accordance
with federal laws and regulations.
(7) The direct retail endorsement is to be held by a natural person and is not transferrable or assignable. If the
endorsed license is transferred, the direct retail endorsement
immediately becomes void, and the transferor is not eligible
for a full or prorated reimbursement of the annual fee paid for
the direct retail endorsement. Upon becoming void, the
holder of a direct retail endorsement must surrender the physical endorsement to the department.
(8) The holder of a direct retail endorsement must abide
by the provisions of Title 69 RCW as they apply to the processing and retail sale of seafood. The department must distribute a pamphlet, provided by the department of agriculture,
with the direct retail endorsement generally describing the
labeling requirements set forth in chapter 69.04 RCW as they
apply to seafood.
(9) The holder of a qualifying commercial fishing license
issued under this chapter must either possess a direct retail
endorsement or a wholesale dealer license provided for in
RCW 77.65.280 in order to lawfully sell their catch or harvest
in the state to anyone other than a licensed wholesale dealer.
(10) The direct retail endorsement entitles the holder to
sell a retail-eligible species only at a temporary food service
establishment as that term is defined in RCW 69.06.045, or
directly to a restaurant or other similar food service business.
[2003 c 387 § 2; 2002 c 301 § 2.]
Finding—2002 c 301: "The legislature finds that commercial fishing is
vitally important not just to the economy of Washington, but also to the cultural heritage of the maritime communities in the state. Fisher men and
women have a long and proud history in the Pacific Northwest. State and
local governments should seek out ways to enable and encourage these professionals to share the rewards of their craft with the nonfishing citizens of
and visitors to the state of Washington by encouraging the exploration and
development of new niche markets." [2002 c 301 § 1.]
Food Fish and Shellfish—Commercial Licenses
Effective date—2002 c 301: "This act takes effect July 1, 2002." [2002
c 301 § 12.]
77.65.515
77.65.515 Direct retail endorsement—Requirements.
(1) Prior to being issued a direct retail endorsement, an individual must:
(a) Obtain and submit to the department a signed letter
on appropriate letterhead from the health department of the
county in which the individual makes his or her official residence or where the hailing port for any documented vessel
owned by the individual is located as to the fulfillment of all
requirements related to county health rules, including the
payment of all required fees. The local health department
generating the letter may charge a reasonable fee for any necessary inspections. The letter must certify that the methods
used by the individual to transport, store, and display any
fresh retail-eligible species meets that county's standards and
the statewide standards adopted by the board of health for
food service operations; and
(b) Submit proof to the department that the individual
making the direct retail sales is in possession of a valid food
and beverage service worker's permit, as provided for in
chapter 69.06 RCW.
(2) The requirements of subsection (1) of this section
must be completed each license year before a renewal direct
retail endorsement can be issued.
(3) Any individual possessing a direct retail endorsement
must notify the local health department of the county in
which retail sales are to occur, except for the county that conducted the initial inspection, forty-eight hours before any
transaction and make his or her facilities available for inspection by a fish and wildlife officer, the local health department
of any county in which he or she sells any legally harvested
retail-eligible species, and any designee of the department of
health or the department of agriculture.
(4) Neither the department or a local health department
may be held liable in any judicial proceeding alleging that
consumption of or exposure to seafood sold by the holder of
a direct retail endorsement resulted in a negative health consequence, as long as the department can show that the individual holding the direct retail endorsement complied with
the requirements of subsection (1) of this section prior to
being issued his or her direct retail license, and neither the
department nor a local health department acted in a reckless
manner. For the purposes of this subsection, the department
or a local health district shall not be deemed to be acting recklessly for not conducting a permissive inspection. [2003 c
387 § 3; 2002 c 301 § 3.]
Finding—Effective date—2002 c 301: See notes following RCW
77.65.510.
77.65.520
77.65.520 Direct retail endorsement—Compliance—
Violations—Suspension. (1) The direct retail endorsement
is conditioned upon compliance:
(a) With the requirements of this chapter as they apply to
wholesale fish dealers and to the rules of the department
relating to the payment of fines for violations of rules for the
accounting of the commercial harvest of retail-eligible species; and
(b) With the state board of health and local rules for food
service establishments.
77.65.520
(2) Violations of the requirements and rules referenced
in subsection (1) of this section may result in the suspension
of the direct retail endorsement. The suspended individual
must not be reimbursed for any portion of the suspended
endorsement. Suspension of the direct retail endorsement
may not occur unless and until:
(a) The director has notified by order the holder of the
direct retail endorsement when a violation of subsection (1)
of this section has occurred. The notification must specify
the type of violation, the liability to be imposed for damages
caused by the violation, a notice that the amount of liability is
due and payable by the holder of the direct retail endorsement, and an explanation of the options available to satisfy
the liability; and
(b) The holder of the direct retail endorsement has had at
least ninety days after the notification provided in (a) of this
subsection was received to either make full payment for all
liabilities owed or enter into an agreement with the department to pay off all liabilities within a reasonable time.
(3)(a) If, within ninety days after receipt of the order provided in subsection (2)(a) of this section, the amount specified in the order is not paid or the holder of the direct retail
endorsement has not entered into an agreement with the
department to pay off all liabilities, the prosecuting attorney
for any county in which the persons to whom the order is
directed do business, or the attorney general upon request of
the department, may bring an action on behalf of the state in
the superior court for Thurston county, or any county in
which the persons to whom the order is directed do business,
to seek suspension of the individual's direct retail endorsement for up to five years.
(b) The department may temporarily suspend the privileges provided by the direct retail endorsement for up to one
hundred twenty days following the receipt of the order provided in subsection (2)(a) of this section, unless the holder of
the direct retail endorsement has deposited with the department an acceptable performance bond on forms prescribed
and provided by the department. This performance bond
must be a corporate surety bond executed in favor of the
department by a corporation authorized to do business in the
state of Washington under chapter 48.28 RCW and approved
by the department. The bond must be filed and maintained in
an amount equal to one thousand dollars.
(4) For violations of state board of health and local rules
under subsection (1)(b) of this section only, any person
inspecting the facilities of a direct retail endorsement holder
under RCW 77.65.515 may suspend the privileges granted by
the endorsement for up to seven days. Within twenty-four
hours of the discovery of the violation, the inspecting entity
must notify the department of the violation. Upon notification, the department may proceed with the procedures outlined in this section for suspension of the endorsement. If the
violation of a state board of health rule is discovered by a
local health department, that local jurisdiction may fine the
holder of the direct retail endorsement according to the local
jurisdiction's rules as they apply to retail food operations.
(5) Subsections (2) and (3) of this section do not apply to
a holder of a direct retail endorsement that executes a surety
bond and abides by the conditions established in RCW
77.65.320 and 77.65.330 as they apply to wholesale dealers.
[2003 c 387 § 4; 2002 c 301 § 4.]
[2003 RCW Supp—page 917]
Chapter 77.70
Title 77 RCW: Fish and Wildlife
Finding—Effective date—2002 c 301: See notes following RCW
77.65.510.
Chapter 77.70
Chapter 77.70 RCW
LICENSE LIMITATION PROGRAMS
Sections
77.70.280
77.70.380
77.70.450
77.70.460
77.70.470
Crab fishery—License required—Dungeness crab-coastal
fishery license—Dungeness crab-coastal class B fishery
license—Coastal crab and replacement vessel defined—Federal fleet reduction program.
Repealed.
Commercial fisheries buyback account.
Collection of fee—Fee schedule—Deposit of moneys. (Contingent expiration date.)
Ban on assessing fee under RCW 77.70.460. (Contingent
expiration date.)
77.70.280
77.70.280 Crab fishery—License required—Dungeness crab-coastal fishery license—Dungeness crabcoastal class B fishery license—Coastal crab and replacement vessel defined—Federal fleet reduction program.
(1) A person shall not commercially fish for coastal crab in
Washington state waters without a Dungeness crab—coastal
or a Dungeness crab—coastal class B fishery license. Gear
used must consist of one buoy attached to each crab pot.
Each crab pot must be fished individually.
(2) A Dungeness crab—coastal fishery license is transferable. Except as provided in subsections (3) and (8) of this
section, such a license shall only be issued to a person who
proved active historical participation in the coastal crab fishery by having designated, after December 31, 1993, a vessel
or a replacement vessel on the qualifying license that singly
or in combination meets the following criteria:
(a) Made a minimum of eight coastal crab landings totaling a minimum of five thousand pounds per season in at least
two of the four qualifying seasons identified in subsection (5)
of this section, as documented by valid Washington state
shellfish receiving tickets; and showed historical and continuous participation in the coastal crab fishery by having held
one of the following licenses or their equivalents each calendar year beginning 1990 through 1993, and was designated
on the qualifying license of the person who held one of the
following licenses in 1994:
(i) Crab pot—Non-Puget Sound license, issued under
RCW 77.65.220(1)(b);
(ii) Nonsalmon delivery license, issued under RCW
77.65.210;
(iii) Salmon troll license, issued under RCW 77.65.160;
(iv) Salmon delivery license, issued under RCW
77.65.170;
(v) Food fish trawl license, issued under RCW
77.65.200; or
(vi) Shrimp trawl license, issued under RCW 77.65.220;
or
(b) Made a minimum of four Washington landings of
coastal crab totaling two thousand pounds during the period
from December 1, 1991, to March 20, 1992, and made a minimum of eight crab landings totaling a minimum of five thousand pounds of coastal crab during each of the following periods: December 1, 1991, to September 15, 1992; December 1,
1992, to September 15, 1993; and December 1, 1993, to September 15, 1994. For landings made after December 31,
[2003 RCW Supp—page 918]
1993, the vessel shall have been designated on the qualifying
license of the person making the landings; or
(c) Made any number of coastal crab landings totaling a
minimum of twenty thousand pounds per season in at least
two of the four qualifying seasons identified in subsection (5)
of this section, as documented by valid Washington state
shellfish receiving tickets, showed historical and continuous
participation in the coastal crab fishery by having held one of
the qualifying licenses each calendar year beginning 1990
through 1993, and the vessel was designated on the qualifying license of the person who held that license in 1994.
(3) A Dungeness crab-coastal fishery license shall be
issued to a person who had a new vessel under construction
between December 1, 1988, and September 15, 1992, if the
vessel made coastal crab landings totaling a minimum of five
thousand pounds by September 15, 1993, and the new vessel
was designated on the qualifying license of the person who
held that license in 1994. All landings shall be documented
by valid Washington state shellfish receiving tickets. License
applications under this subsection may be subject to review
by the advisory review board in accordance with *RCW
77.70.030. For purposes of this subsection, "under construction" means either:
(a)(i) A contract for any part of the work was signed
before September 15, 1992; and
(ii) The contract for the vessel under construction was
not transferred or otherwise alienated from the contract
holder between the date of the contract and the issuance of
the Dungeness crab-coastal fishery license; and
(iii) Construction had not been completed before
December 1, 1988; or
(b)(i) The keel was laid before September 15, 1992; and
(ii) Vessel ownership was not transferred or otherwise
alienated from the owner between the time the keel was laid
and the issuance of the Dungeness crab-coastal fishery
license; and
(iii) Construction had not been completed before
December 1, 1988.
(4) A Dungeness crab—coastal class B fishery license is
not transferable. Such a license shall be issued to persons
who do not meet the qualification criteria for a Dungeness
crab—coastal fishery license, if the person has designated on
a qualifying license after December 31, 1993, a vessel or
replacement vessel that, singly or in combination, made a
minimum of four landings totaling a minimum of two thousand pounds of coastal crab, documented by valid Washington state shellfish receiving tickets, during at least one of the
four qualifying seasons, and if the person has participated
continuously in the coastal crab fishery by having held or by
having owned a vessel that held one or more of the licenses
listed in subsection (2) of this section in each calendar year
subsequent to the qualifying season in which qualifying landings were made through 1994. Dungeness crab—coastal
class B fishery licenses cease to exist after December 31,
1999, and the continuing license provisions of RCW
34.05.422(3) are not applicable.
(5) The four qualifying seasons for purposes of this section are:
(a) December 1, 1988, through September 15, 1989;
(b) December 1, 1989, through September 15, 1990;
(c) December 1, 1990, through September 15, 1991; and
Salmon Recovery
(d) December 1, 1991, through September 15, 1992.
(6) For purposes of this section and RCW 77.70.340,
"coastal crab" means Dungeness crab (cancer magister) taken
in all Washington territorial and offshore waters south of the
United States-Canada boundary and west of the BonillaTatoosh line (a line from the western end of Cape Flattery to
Tatoosh Island lighthouse, then to the buoy adjacent to Duntz
Rock, then in a straight line to Bonilla Point of Vancouver
island), Grays Harbor, Willapa Bay, and the Columbia river.
(7) For purposes of this section, "replacement vessel"
means a vessel used in the coastal crab fishery in 1994, and
that replaces a vessel used in the coastal crab fishery during
any period from 1988 through 1993, and which vessel's
licensing and catch history, together with the licensing and
catch history of the vessel it replaces, qualifies a single applicant for a Dungeness crab—coastal or Dungeness crab—
coastal class B fishery license. A Dungeness crab—coastal
or Dungeness crab—coastal class B fishery license may only
be issued to a person who designated a vessel in the 1994
coastal crab fishery and who designated the same vessel in
1995.
(8) A Dungeness crab—coastal fishery license may not
be issued to a person who participates in the federal fleet
reduction program created in RCW 77.70.460 within ten
years of that person's participation in the federal program, if
reciprocal restrictions are imposed by the states of Oregon
and California on persons participating in the federal fleet
reduction program. [2003 c 174 § 5; 2000 c 107 § 76; 1998 c
190 § 108; 1995 c 252 § 1; 1994 c 260 § 2. Formerly RCW
75.30.350.]
*Reviser's note: RCW 77.70.030 was repealed by 2001 c 291 § 501,
effective July 1, 2001.
Finding—1994 c 260: "The legislature finds that the commercial crab
fishery in coastal and offshore waters is overcapitalized. The legislature further finds that this overcapitalization has led to the economic destabilization
of the coastal crab industry, and can cause excessive harvesting pressures on
the coastal crab resources of Washington state. In order to provide for the
economic well-being of the Washington crab industry and to protect the livelihood of Washington crab fishers who have historically and continuously
participated in the coastal crab fishery, the legislature finds that it is in the
best interests of the economic well-being of the coastal crab industry to
reduce the number of fishers taking crab in coastal waters, to reduce the
number of vessels landing crab taken in offshore waters, to limit the number
of future licenses, and to limit fleet capacity by limiting vessel size." [1994
c 260 § 1.]
Severability—1994 c 260: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1994 c 260 § 24.]
Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: "Sections 1
through 5, 9 through 19, and 21 through 24 of this act shall take effect January 1, 1995." [1994 c 260 § 25.]
77.70.380
77.70.380 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 77.85
advanced by the federal government under a groundfish fleet
reduction program established by the federal government, or
for other fleet reduction efforts, commercial fishing license
buyback programs, or similar programs designed to reduce
the harvest capacity in a commercial fishery. Only the director of the department or the director's designee may authorize
expenditures from the account. The account is subject to
allotment procedures under chapter 43.88 RCW, but an
appropriation is not required for expenditures. [2003 c 174 §
1.]
77.70.460
77.70.460 Collection of fee—Fee schedule—Deposit
of moneys. (Contingent expiration date.) (1) The commission shall collect a fee upon all deliveries of fish or shellfish
from persons holding: (a) A federal pacific groundfish limited entry permit with a trawl endorsement; (b) an ocean pink
shrimp delivery license issued under RCW 77.65.390; (c) a
Dungeness crab—coastal fishery license issued under RCW
77.70.280; (d) a food fish delivery license issued under RCW
77.65.200; or (e) a shrimp trawl license under RCW
77.65.220, to repay the federal government for moneys
advanced by the federal government under a groundfish fleet
reduction program established by the federal government.
(2) The commission shall adopt a fee schedule by rule
for the collection of the fee required by subsection (1) of this
section. The fee schedule adopted shall limit the total amount
of moneys collected through the fee to the minimum amount
necessary to repay the moneys advanced by the federal government, but be sufficient to repay the debt obligation of each
fishery. The fee charged to the holders of a Dungeness
crab—coastal fishery license may not exceed two percent of
the total ex-vessel value of annual landings, and the fee
charged to all other eligible license holders may not exceed
five percent of the total ex-vessel value of annual landings.
The commission may adjust the fee schedule as necessary to
ensure that the funds collected are adequate to repay the debt
obligation of each fishery.
(3) The commission shall deposit moneys collected
under this section in the commercial fisheries buyback
account created in RCW 77.70.450. [2003 c 174 § 2.]
Contingent expiration date—2003 c 174 §§ 2 and 3: "Sections 2 and
3 of this act expire January 1, 2033, or when the groundfish fleet reduction
program referenced in section 2 of this act is completed, whichever is
sooner." [2003 c 174 § 4.]
77.70.470
77.70.47 0 Ban o n assessing f ee under RCW
77.70.460. (Contingent expiration date.) The commission
may not assess the fee specified under RCW 77.70.460 until
after the federal government creates a groundfish fleet reduction program. [2003 c 174 § 3.]
Contingent expiration date—2003 c 174 §§ 2 and 3: See note following RCW 77.70.460.
77.70.450
77.70.450 Commercial fisheries buyback account.
The commercial fisheries buyback account is created in the
custody of the state treasurer. All receipts from money collected by the commission under RCW 77.70.460, moneys
appropriated for the purposes of this section, and other gifts,
grants, or donations specifically made to the fund must be
deposited into the account. Expenditures from the account
may be used only for the purpose of repaying moneys
Chapter 77.85
Chapter 77.85 RCW
SALMON RECOVERY
Sections
77.85.220
77.85.230
Salmon intertidal habitat restoration planning process—Task
force—Reports.
Intertidal salmon enhancement plan—Elements—Initial and
final plan.
[2003 RCW Supp—page 919]
77.85.220
Title 77 RCW: Fish and Wildlife
77.85.220
77.85.220 Salmon intertidal habitat restoration planning process—Task force—Reports. (1) If a limiting factors analysis has been conducted under this chapter for a specific geographic area and that analysis shows insufficient
intertidal salmon habitat, the department of fish and wildlife
and the county legislative authorities of the affected counties
may jointly initiate a salmon intertidal habitat restoration
planning process to develop a plan that addresses the intertidal habitat goals contained in the limiting factors analysis.
The fish and wildlife commission and the county legislative
authorities of the geographic area shall jointly appoint a task
force composed of the following members:
(a) One representative of the fish and wildlife commission, appointed by the chair of the commission;
(b) Two representatives of the agricultural industry
familiar with agricultural issues in the geographic area, one
appointed by an organization active in the geographic area
and one appointed by a statewide organization representing
the industry;
(c) Two representatives of environmental interest organizations with familiarity and expertise of salmon habitat,
one appointed by an organization in the geographic area and
one appointed by a statewide organization representing environmental interests;
(d) One representative of a diking and drainage district,
appointed by the individual districts in the geographic area or
by an association of diking and drainage districts;
(e) One representative of the lead entity for salmon
recovery in the geographic area, appointed by the lead entity;
(f) One representative of each county in the geographic
area, appointed by the respective county legislative authorities; and
(g) One representative from the office of the governor.
(2) Representatives of the United States environmental
protection agency, the United States natural resources conservation service, federal fishery agencies, as appointed by
their regional director, and tribes with interests in the geographic area shall be invited and encouraged to participate as
members of the task force.
(3) The task force shall elect a chair and adopt rules for
conducting the business of the task force. Staff support for
the task force shall be provided by the Washington state conservation commission.
(4) The task force shall:
(a) Review and analyze the limiting factors analysis for
the geographic area;
(b) Initiate and oversee intertidal salmon habitat studies
for enhancement of the intertidal area as provided in RCW
77.85.230;
(c) Review and analyze the completed assessments listed
in RCW 77.85.230;
(d) Develop and draft an overall plan that addresses identified intertidal salmon habitat goals that has public support;
and
(e) Identify appropriate demonstration projects and early
implementation projects that are of high priority and should
commence immediately within the geographic area.
(5) The task force may request briefings as needed on
legal issues that may need to be considered when developing
or implementing various plan options.
[2003 RCW Supp—page 920]
(6) Members of the task force shall be reimbursed by the
conservation commission for travel expenses as provided in
RCW 43.03.050 and 43.03.060.
(7) The task force shall provide annual reports that provide an update on its activities to the fish and wildlife commission, to the involved county legislative authorities, and to
the lead entity formed under this chapter. [2003 c 391 § 4.]
Initiation of process—2003 c 391 §§ 4 and 5: "The process established in sections 4 and 5 of this act shall be initiated as soon as practicable
in Skagit county." [2003 c 391 § 7.]
Severability—Effective date—2003 c 391: See notes following RCW
77.55.060.
77.85.230
77.85.230 Intertidal salmon enhancement plan—Elements—Initial and final plan. (1) In consultation with the
*task force, the conservation commission may contract with
universities, private consultants, nonprofit groups, or other
entities to assist it in developing a plan incorporating the following elements:
(a) An inventory of existing tide gates located on streams
in the county. The inventory shall include location, age, type,
and maintenance history of the tide gates and other factors as
determined by the task force in consultation with the county
and diking and drainage districts;
(b) An assessment of the role of tide gates located on
streams in the county; the role of intertidal fish habitat for
various life stages of salmon; the quantity and characterization of intertidal fish habitat currently accessible to fish; the
quantity and characterization of the present intertidal fish
habitat created at the time the dikes and outlets were constructed; the quantity of potential intertidal fish habitat on
public lands and alternatives to enhance this habitat; the
effects of saltwater intrusion on agricultural land, including
the effects of backfeeding of saltwater through the underground drainage system; the role of tide gates in drainage systems, including relieving excess water from saturated soil and
providing reservoir functions between tides; the effect of saturated soils on production of crops; the characteristics of
properly functioning intertidal fish habitat; a map of agricultural lands designated by the county as having long-term
commercial significance and the effect of that designation;
and the economic impacts to existing land uses for various
alternatives for tide gate alteration; and
(c) A long-term plan for intertidal salmon habitat
enhancement to meet the goals of salmon recovery and protection of agricultural lands. The proposal shall consider all
other means to achieve salmon recovery without converting
farmland. The proposal shall include methods to increase
fish passage and otherwise enhance intertidal habitat on public lands pursuant to subsection (2) of this section, voluntary
methods to increase fish passage on private lands, a priority
list of intertidal salmon enhancement projects, and recommendations for funding of high priority projects. The task
force also may propose pilot projects that will be designed to
test and measure the success of various proposed strategies.
(2) In conjunction with other public landowners and the
*task force, the department shall develop an initial salmon
intertidal habitat enhancement plan for public lands in the
county. The initial plan shall include a list of public properties in the intertidal zone that could be enhanced for salmon,
a description of how those properties could be altered to sup-
Recreational Salmon and Marine Fish Enhancement Program
port salmon, a description of costs and sources of funds to
enhance the property, and a strategy and schedule for prioritizing the enhancement of public lands for intertidal salmon
habitat. This initial plan shall be submitted to the task force
at least six months before the deadline established in subsection (3) of this section.
(3) The final intertidal salmon enhancement plan shall be
completed within two years from the date the task force is
formed and funding has been secured. A final plan shall be
submitted by the task force to the lead entity for the geographic area established under this chapter. [2003 c 391 § 5.]
*Reviser's note: The task force referred to is apparently the task force
created in RCW 77.85.220.
Initiation of process—2003 c 391 §§ 4 and 5: See note following
RCW 77.85.220.
Severability—Effective date—2003 c 391: See notes following RCW
77.55.060.
Chapter 77.105 RCW
RECREATIONAL SALMON AND MARINE FISH
ENHANCEMENT PROGRAM
Chapter 77.105
Sections
77.105.010
77.105.150
77.105.160
77.105.010
77.105.010 Program created—Coordinator. There is
created within the department of fish and wildlife the Puget
Sound recreational salmon and marine fish enhancement program. The department of fish and wildlife shall identify a
coordinator for the program who shall act as spokesperson
for the program and shall:
(1) Coordinate the activities of the Puget Sound recreational salmon and marine fish enhancement program,
including the Lake Washington salmon fishery; and
(2) Work within and outside of the department to achieve
the goals stated in this chapter, including coordinating with
the Puget Sound recreational fisheries enhancement oversight committee established in RCW 77.105.160. [2003 c
173 § 1; 1998 c 245 § 157; 1993 sp.s. c 2 § 83. Formerly
RCW 75.54.010.]
77.105.150
77.105.150 Recreational fisheries enhancement
account. The recreational fisheries enhancement account is
created in the state treasury. All receipts from RCW
77.105.140 shall be deposited into the account. Moneys in
the account may be spent only after appropriation. Expenditures from the account may be used only for recreational fisheries enhancement programs identified in this chapter. Under
no circumstances may moneys from the account be used to
backfill shortfalls in other state funding sources. [2003 c 173
§ 3; 2000 c 107 § 120; 1993 sp.s. c 2 § 98. Formerly RCW
75.54.150.]
77.105.160
for subsequent two-year terms at the discretion of the director. Members of the committee serve without compensation.
(2) The Puget Sound recreational fisheries enhancement
oversight committee has the following duties:
(a) Advise the department on all aspects of the Puget
Sound recreational fisheries enhancement program;
(b) Review and provide guidance on the annual budget
for the recreational fisheries enhancement account;
(c) Select a chair of the committee. It is the chair's duty
to coordinate with the department on all issues related to the
Puget Sound recreational fisheries enhancement program;
(d) Meet at least quarterly with the department's coordinator of the Puget Sound recreational fisheries enhancement
program;
(e) Review and comment on program documents and
proposed production of salmon and other species; and
(f) Address other issues related to the purposes of the
Puget Sound recreational fisheries enhancement program that
are of interest to recreational fishers in Puget Sound. [2003 c
173 § 2.]
Title 78
Program created—Coordinator.
Recreational fisheries enhancement account.
Oversight committee—Created—Duties.
77.105.160 Oversight committee—Created—Duties.
(1) The Puget Sound recreational fisheries enhancement
oversight committee is created. The director shall appoint at
least seven members representing sport fishing organizations
to the committee from a list of applicants, ensuring broad representation from the sport fishing community. Each member
shall serve for a term of two years, and may be reappointed
78.12.061
Title 78
MINES, MINERALS, AND PETROLEUM
Chapters
78.12 Abandoned shafts and excavations.
78.44 Surface mining.
78.60 Geothermal resources.
Chapter 78.12 RCW
ABANDONED SHAFTS AND EXCAVATIONS
Chapter 78.12
Sections
78.12.061
78.12.062
Safety cage in mining shaft—Regulations. (Effective July 1,
2004.)
Repealed. (Effective July 1, 2004.)
78.12.061
78.12.061 Safety cage in mining shaft—Regulations.
(Effective July 1, 2004.) (1) It shall be unlawful for any person or persons, company or companies, corporation or corporations, to sink or work through any vertical shaft at a greater
depth than one hundred and fifty feet, unless the shaft shall be
provided with an iron-bonneted safety cage, to be used in the
lowering and hoisting of the employees of such person or persons, company or companies, corporation or corporations.
The safety apparatus, whether consisting of eccentrics,
springs or other device, shall be securely fastened to the cage,
and shall be of sufficient strength to hold the cage loaded at
any depth to which the shaft may be sunk, provided the cable
shall break. The iron bonnet shall be made of boiler sheet
iron of a good quality, of at least three-sixteenths of an inch
in thickness, and shall cover the top of the cage in such manner as to afford the greatest protection to life and limb from
any matter falling down the shaft.
(2) Any person or persons, company or companies, or
corporation or corporations, who shall neglect, fail, or refuse
to comply with this section is guilty of a misdemeanor and
shall be fined not less than five hundred dollars nor more than
one thousand dollars. [2003 c 53 § 377; 1890 p 123 § 7; RRS
§ 8863. Formerly RCW 78.36.850, part.]
[2003 RCW Supp—page 921]
78.12.062
Title 78 RCW: Mines, Minerals, and Petroleum
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
78.12.062
78.12.062 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 78.44
Chapter 78.44 RCW
SURFACE MINING
Sections
78.44.050
78.44.320
78.44.330
78.44.340
Exclusive authority to regulate reclamation—Department may
delegate enforcement authority to counties, cities, towns—
Other laws not affected.
Definitions applicable to RCW 78.44.330.
Mineral trespass—Penalty.
Mineral trespass—Limitation on application.
78.44.050
78.44.050 Exclusive authority to regulate reclamation—Department may delegate enforcement authority to
counties, cities, towns—Other laws not affected. The
department shall have the exclusive authority to regulate surface mine reclamation. No county, city, or town may require
for its review or approval a separate reclamation plan or
application. The department may, however, delegate some or
all of its enforcement authority by contractual agreement to a
county, city, or town that employs personnel who are, in the
opinion of the department, qualified to enforce plans
approved by the department. All counties, cities, or towns
shall have the authority to zone surface mines and adopt ordinances regulating operations as provided in this chapter,
except that county, city, or town operations ordinances may
be preempted by the department during the emergencies outlined in RCW 78.44.200 and related rules.
This chapter shall not alter or preempt any provisions of
the state water allocation and use laws (chapters 90.03 and
90.44 RCW), the state water pollution control laws (chapter
90.48 RCW), the state fish and wildlife laws (Title 77 RCW),
state noise laws or air quality laws (Title 70 RCW), shoreline
management (chapter 90.58 RCW), the state environmental
policy act (chapter 43.21C RCW), state growth management
(chapter 36.70A RCW), state drinking water laws (chapters
43.20 and 70.119A RCW), or any other state statutes. [2003
c 39 § 39; 1997 c 185 § 1; 1993 c 518 § 7; 1970 ex.s. c 64 § 6.]
Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
law or a right that is recognized by the United States bureau
of land management and given an identification number.
(5) "Quartz mill" means a facility for processing ores or
gravel.
(6) "Rocker box" means a unit constructed of a short
trough attached to curved supports that allow the unit to be
rocked from side to side.
(7) "Sluice box" means a portable unit constructed of a
wood or metal flume or trough equipped with transverse riffles across the bottom of the unit and that is used to recover
heavy mineral sands. [2003 c 335 § 1.]
78.44.330
78.44.330 Mineral trespass—Penalty. (1) A person
commits the crime of mineral trespass if the person intentionally and without the permission of the claim holder or person
conducting the mining operation:
(a) Interferes with a lawful mining operation or stops, or
causes to be stopped, a lawful mining operation;
(b) Enters a mining claim posted as required in chapter
78.08 RCW and disturbs, removes, or attempts to remove any
mineral from the claim site;
(c) Tampers with or disturbs a flume, rocker box, bedrock sluice, sluice box, dredge, quartz mill, or other mining
equipment at a posted mining claim; or
(d) Defaces a location stake, side post, corner post, landmark, monument, or posted written notice within a posted
mining claim.
(2) Mineral trespass is a class C felony. [2003 c 335 § 2.]
78.44.340
78.44.340 Mineral trespass—Limitation on application. (1) RCW 78.44.330 does not apply to conduct that
would otherwise constitute an offense when it is required or
authorized by law or judicial decree or is performed by a public servant in the reasonable exercise of official powers,
duties, or functions.
(2) As used in subsection (1) of this section, "laws or
judicial decrees" includes but is not limited to:
(a) Laws defining duties and functions of public servants;
(b) Laws defining duties of private citizens to assist public servants in the performance of certain of their functions;
and
(c) Judgments and orders of courts. [2003 c 335 § 3.]
Chapter 78.60
78.44.320
78.44.320 Definitions applicable to RCW 78.44.330.
The definitions in this section apply throughout RCW
78.44.330 unless the context clearly requires otherwise.
(1) "Bedrock sluice" means a wood or metal flume or
trough that is permanently attached to the bedrock of the
creek and is equipped with transverse riffles across the bottom of the unit and used to recover heavy mineral sands.
(2) "Dredge" means a subsurface hose from one and onehalf to ten inches in diameter that is powered by an engine
and is used to draw up auriferous material that is then separated in the sluice portion of the unit.
(3) "Flume" means a trough used to convey water.
(4) "Mining claim" means a portion of the public lands
claimed for the valuable minerals occurring in those lands
and for which the mineral rights are obtained under federal
[2003 RCW Supp—page 922]
Chapter 78.60 RCW
GEOTHERMAL RESOURCES
Sections
78.60.010
78.60.020
78.60.030
78.60.040
78.60.050
78.60.060
78.60.070
78.60.080
78.60.090
78.60.100
78.60.110
78.60.120
78.60.130
Legislative declaration.
Short title.
Definitions.
Geothermal resources deemed sui generis.
Administration of chapter.
Scope of chapter.
Drilling permits—Applications—Hearing—Fees.
Drilling permits—Criteria for granting.
Casing requirements.
Plugging and abandonment of wells—Transfer of jurisdiction
to department of ecology.
Suspension of drilling, shut-in or removal of equipment for
authorized period—Unlawful abandonment.
Notification of abandonment or suspension of operations—
Required—Procedure.
Performance bond or other security—Required.
Geothermal Resources
78.60.140
78.60.150
78.60.160
78.60.170
78.60.180
78.60.190
78.60.200
78.60.210
78.60.220
78.60.230
78.60.240
78.60.250
78.60.260
78.60.270
78.60.280
78.60.290
78.60.290
78.60.300
78.60.900
Termination or cancellation of bond or change in other security, when.
Notification of sale, exchange, etc.
Combining orders, unitization programs and well spacing—
Authority of department.
Designation of resident agent for service of process.
General authority of department.
Employment of personnel.
Drilling records, etc., to be maintained—Inspection—Filing.
Filing of records with department upon completion, abandonment or suspension of operations.
Statement of geothermal resources produced—Filing.
Confidentiality of records.
Removal, destruction, alteration, etc., of records prohibited.
Violations—Modification of permit, when necessary—
Departmental order—Issuance—Appeal.
Liability in damages for violations—Procedure.
Injunctions—Restraining orders.
Judicial review.
Violations—Penalty. (Effective until July 1, 2004.)
Violations—Penalty. (Effective July 1, 2004.)
Aiding or abetting violations.
Severability—1974 ex.s. c 43.
78.60.010
78.60.010 Legislative declaration. The public has a
direct interest in the safe, orderly and nearly pollution-free
development of the geothermal resources of the state, as hereinafter in *RCW 79.76.030(1) defined. The legislature
hereby declares that it is in the best interests of the state to
further the development of geothermal resources for the benefit of all of the citizens of the state while at the same time
fully providing for the protection of the environment. The
development of geothermal resources shall be so conducted
as to protect the rights of landowners, other owners of interests therein, and the general public. In providing for such
development, it is the purpose of this chapter to provide for
the orderly exploration, safe drilling, production and proper
abandonment of geothermal resources in the state of Washington. [1974 ex.s. c 43 § 1. Formerly RCW 79.76.010.]
*Reviser's note: RCW 79.76.030 was recodified as RCW 78.60.030
pursuant to 2003 c 334 § 567.
78.60.020
78.60.020 Short title. This chapter shall be known as
the Geothermal Resources Act. [1974 ex.s. c 43 § 2. Formerly RCW 79.76.020.]
78.60.030
78.60.030 Definitions. For the purposes of this chapter,
unless the text otherwise requires, the following terms shall
have the following meanings:
(1) "Geothermal resources" means only that natural heat
energy of the earth from which it is technologically practical
to produce electricity commercially and the medium by
which such heat energy is extracted from the earth, including
liquids or gases, as well as any minerals contained in any natural or injected fluids, brines and associated gas, but excluding oil, hydrocarbon gas and other hydrocarbon substances.
(2) "Waste", in addition to its ordinary meaning, shall
mean "physical waste" as that term is generally understood
and shall include:
(a) The inefficient, excessive, or improper use of, or
unnecessary dissipation of, reservoir energy; or the locating,
spacing, drilling, equipping, operating or producing of any
geothermal energy well in a manner which results, or tends to
result, in reducing the quantity of geothermal energy to be
recovered from any geothermal area in this state;
(b) The inefficient above-ground transporting or storage
of geothermal energy; or the locating, spacing, drilling,
78.60.030
equipping, operating, or producing of any geothermal well in
a manner causing, or tending to cause, unnecessary excessive
surface loss or destruction of geothermal energy;
(c) The escape into the open air, from a well of steam or
hot water, in excess of what is reasonably necessary in the
efficient development or production of a geothermal well.
(3) "Geothermal area" means any land that is, or reasonably appears to be, underlain by geothermal resources.
(4) "Energy transfer system" means the structures and
enclosed fluids which facilitate the utilization of geothermal
energy. The system includes the geothermal wells, cooling
towers, reinjection wells, equipment directly involved in converting the heat energy associated with geothermal resources
to mechanical or electrical energy or in transferring it to
another fluid, the closed piping between such equipment,
wells and towers and that portion of the earth which facilitates the transfer of a fluid from reinjection wells to geothermal wells: PROVIDED, That the system shall not include
any geothermal resources which have escaped into or have
been released into the nongeothermal ground or surface
waters from either man-made containers or through leaks in
the structure of the earth caused by or to which access was
made possible by any drilling, redrilling, reworking or operating of a geothermal or reinjection well.
(5) "Operator" means the person supervising or in control of the operation of a geothermal resource well, whether
or not such person is the owner of the well.
(6) "Owner" means the person who possesses the legal
right to drill, convert or operate any well or other facility subject to the provisions of this chapter.
(7) "Person" means any individual, corporation, company, association of individuals, joint venture, partnership,
receiver, trustee, guardian, executor, administrator, personal
representative, or public agency that is the subject of legal
rights and duties.
(8) "Pollution" means any damage or injury to ground or
surface waters, soil or air resulting from the unauthorized
loss, escape, or disposal of any substances at any well subject
to the provisions of this chapter.
(9) "Department" means the department of natural
resources.
(10) "Well" means any excavation made for the discovery or production of geothermal resources, or any special
facility, converted producing facility, or reactivated or converted abandoned facility used for the reinjection of geothermal resources, or the residue thereof underground.
(11) "Core holes" are holes drilled or excavations made
expressly for the acquisition of geological or geophysical
data for the purpose of finding and delineating a favorable
geothermal area prior to the drilling of a well.
(12) A "completed well" is a well that has been drilled to
its total depth, has been adequately cased, and is ready to be
either plugged and abandoned, shut-in, or put into production.
(13) "Plug and abandon" means to place permanent
plugs in the well in such a way and at such intervals as are
necessary to prevent future leakage of fluid from the well to
the surface or from one zone in the well to the other, and to
remove all drilling and production equipment from the site,
and to restore the surface of the site to its natural condition or
[2003 RCW Supp—page 923]
78.60.040
Title 78 RCW: Mines, Minerals, and Petroleum
78.60.070
contour or to such condition as may be prescribed by the
department.
(14) "Shut-in" means to adequately cap or seal a well to
control the contained geothermal resources for an interim
period. [1974 ex.s. c 43 § 3. Formerly RCW 79.76.030.]
78.60.040
78.60.040 Geothermal resources deemed sui generis.
Notwithstanding any other provision of law, geothermal
resources are found and hereby determined to be sui generis,
being neither a mineral resource nor a water resource and as
such are hereby declared to be the private property of the
holder of the title to the surface land above the resource.
[1979 ex.s. c 2 § 1; 1974 ex.s. c 43 § 4. Formerly RCW
79.76.040.]
Severability—1979 ex.s. c 2: "If any provision of this 1979 act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 2 § 2.]
78.60.050
78.60.050 Administration of chapter. (1) The department shall administer and enforce the provisions of this chapter and the rules, regulations, and orders relating to the drilling, operation, maintenance, abandonment and restoration of
geothermal areas, to prevent damage to and waste from
underground geothermal deposits, and to prevent damage to
underground and surface waters, land or air that may result
from improper drilling, operation, maintenance or abandonment of geothermal resource wells.
(2) In order to implement the terms and provisions of this
chapter, the department under the provisions of chapter 34.05
RCW, as now or hereafter amended, may from time to time
promulgate those rules and regulations necessary to carry out
the purposes of this chapter, including but not restricted to
defining geothermal areas; establishing security requirements, which may include bonding; providing for liens
against production; providing for casing and safety device
requirements; providing for site restoration plans to be completed prior to abandonment; and providing for abandonment
requirements. [1974 ex.s. c 43 § 5. Formerly RCW
79.76.050.]
78.60.060
78.60.060 Scope of chapter. This chapter is intended to
preempt local regulation of the drilling and operation of wells
for geothermal resources but shall not be construed to permit
the locating of any well or drilling when such well or drilling
is prohibited under state or local land use law or regulations
promulgated thereunder. Geothermal resources, byproducts
and/or waste products which have escaped or been released
from the energy transfer system and/or a mineral recovery
process shall be subject to provisions of state law relating to
the pollution of ground or surface waters (Title 90 RCW),
provisions of the state fisheries law and the state game laws
(Title 77 RCW), and any other state environmental pollution
control laws. Authorization for use of byproduct water
resources for all beneficial uses, including but not limited to
greenhouse heating, warm water fish propagation, space
heating plants, irrigation, swimming pools, and hot springs
baths, shall be subject to the appropriation procedure as provided in Title 90 RCW. [2003 c 39 § 40; 1974 ex.s. c 43 § 6.
Formerly RCW 79.76.060.]
[2003 RCW Supp—page 924]
78.60.070 Drilling permits—Applications—Hearing—Fees. (1) Any person proposing to drill a well or redrill
an abandoned well for geothermal resources shall file with
the department a written application for a permit to commence such drilling or redrilling on a form prescribed by the
department accompanied by a permit fee of two hundred dollars. The department shall forward a duplicate copy to the
department of ecology within ten days of filing.
(2) Upon receipt of a proper application relating to drilling or redrilling the department shall set a date, time, and
place for a public hearing on the application, which hearing
shall be in the county in which the drilling or redrilling is proposed to be made, and shall instruct the applicant to publish
notices of such application and hearing by such means and
within such time as the department shall prescribe. The
department shall require that the notice so prescribed shall be
published twice in a newspaper of general circulation within
the county in which the drilling or redrilling is proposed to be
made and in such other appropriate information media as the
department may direct.
(3) Any person proposing to drill a core hole for the purpose of gathering geothermal data, including but not
restricted to heat flow, temperature gradients, and rock conductivity, shall be required to obtain a single permit for each
geothermal area according to subsection (1) of this section,
except that no permit fee shall be required, no notice need be
published, and no hearing need be held. Such core holes that
penetrate more than seven hundred and fifty feet into bedrock
shall be deemed geothermal test wells and subject to the payment of a permit fee and to the requirement in subsection (2)
of this section for public notices and hearing. In the event
geothermal energy is discovered in a core hole, the hole shall
be deemed a geothermal well and subject to the permit fee,
notices, and hearing. Such core holes as described by this
subsection are subject to all other provisions of this chapter,
including a bond or other security as specified in *RCW
79.76.130.
(4) All moneys paid to the department under this section
shall be deposited with the state treasurer for credit to the
general fund. [1974 ex.s. c 43 § 7. Formerly RCW
79.76.070.]
*Reviser's note: RCW 79.76.130 was recodified as RCW 78.60.130
pursuant to 2003 c 334 § 567.
78.60.080
78.60.080 Drilling permits—Criteria for granting. A
permit shall be granted only if the department is satisfied that
the area is suitable for the activities applied for; that the applicant will be able to comply with the provisions of this chapter
and the rules and regulations enacted hereunder; and that a
permit would be in the best interests of the state.
The department shall not allow operation of a well under
permit if it finds that the operation of any well will unreasonably decrease ground water available for prior water rights in
any aquifer or other ground water source for water for beneficial uses, unless such affected water rights are acquired by
condemnation, purchase or other means.
The department shall have the authority to condition the
permit as it deems necessary to carry out the provisions of
this chapter, including but not limited to conditions to reduce
any environmental impact.
Geothermal Resources
The department shall forward a copy of the permit to the
department of ecology within five days of issuance. [1974
ex.s. c 43 § 8. Formerly RCW 79.76.080.]
78.60.090
78.60.090 Casing requirements. Any operator
engaged in drilling or operating a well for geothermal
resources shall equip such well with casing of sufficient
strength and with such safety devices as may be necessary, in
accordance with methods approved by the department.
No person shall remove a casing, or any portion thereof,
from any well without prior approval of the department.
[1974 ex.s. c 43 § 9. Formerly RCW 79.76.090.]
78.60.100
78.60.100 Plugging and abandonment of wells—
Transfer of jurisdiction to department of ecology. Any
well drilled under authority of this chapter from which:
(1) It is not technologically practical to derive the energy
to produce electricity commercially, or the owner or operator
has no intention of deriving energy to produce electricity
commercially, and
(2) Usable minerals cannot be derived, or the owner or
operator has no intention of deriving usable minerals, shall be
plugged and abandoned as provided in this chapter or, upon
the owner's or operator's written application to the department of natural resources and with the concurrence and
approval of the department of ecology, jurisdiction over the
well may be transferred to the department of ecology and, in
such case, the well shall no longer be subject to the provisions
of this chapter but shall be subject to any applicable laws and
regulations relating to wells drilled for appropriation and use
of ground waters. If an application is made to transfer jurisdiction, a copy of all logs, records, histories, and descriptions
shall be provided to the department of ecology by the applicant. [1974 ex.s. c 43 § 10. Formerly RCW 79.76.100.]
78.60.160
operation to plug and abandon or suspend the operation of
any well is commenced, the owner or operator shall submit in
writing a notification of abandonment or suspension of operations to the department for approval. No operation to abandon or suspend the operation of a well shall commence without approval by the department. The department shall
respond to such notification in writing within ten working
days following receipt of the notification.
(2) Failure to abandon or suspend operations in accordance with the method approved by the department shall constitute a violation of this chapter, and the department shall
take appropriate action under the provisions of *RCW
79.76.270. [1974 ex.s. c 43 § 12. Formerly RCW
79.76.120.]
*Reviser's note: RCW 79.76.270 was recodified as RCW 78.60.270
pursuant to 2003 c 334 § 567.
78.60.130
78.60.130 Performance bond or other security—
Required. Every operator who engages in the drilling,
redrilling, or deepening of any well shall file with the department a reasonable bond or bonds with good and sufficient
surety, or the equivalent thereof, acceptable to the department, conditioned on compliance with the provisions of this
chapter and all rules and regulations and permit conditions
adopted pursuant to this chapter. This performance bond shall
be executed in favor of and approved by the department.
In lieu of a bond the operator may file with the department a cash deposit, negotiable securities acceptable to the
department, or an assignment of a savings account in a Washington bank on an assignment form prescribed by the department. The department, in its discretion, may accept a single
surety or security arrangement covering more than one well.
[1974 ex.s. c 43 § 13. Formerly RCW 79.76.130.]
78.60.140
78.60.110
78.60.110 Suspension of drilling, shut-in or removal
of equipment for authorized period—Unlawful abandonment. (1) The department may authorize the operator to suspend drilling operations, shut-in a completed well, or remove
equipment from a well for the period stated in the department's written authorization. The period of suspension may
be extended by the department upon the operator showing
good cause for the granting of such extension.
(2) If drilling operations are not resumed by the operator,
or the well is not put into production, upon expiration of the
suspension or shut-in permit, an intention to unlawfully abandon shall be presumed.
(3) A well shall also be deemed unlawfully abandoned if,
without written approval from the department, drilling equipment is removed.
(4) An unlawful abandonment under this chapter shall be
entered in the department records and written notice thereof
shall be mailed by registered mail both to such operator at his
last known address as disclosed by records of the department
and to the operator's surety. The department may thereafter
proceed against the operator and his surety. [1974 ex.s. c 43
§ 11. Formerly RCW 79.76.110.]
78.60.120
78.60.120 Notification of abandonment or suspension
of operations—Required—Procedure. (1) Before any
78.60.140 Termination or cancellation of bond or
change in other security, when. The department shall not
consent to the termination and cancellation of any bond by
the operator, or change as to other security given, until the
well or wells for which it has been issued have been properly
abandoned or another valid bond for such well has been submitted and approved by the department. A well is properly
abandoned when abandonment has been approved by the
department. [1974 ex.s. c 43 § 14. Formerly RCW
79.76.140.]
78.60.150
78.60.150 Notification of sale, exchange, etc. The
owner or operator of a well shall notify the department in
writing within ten days of any sale, assignment, conveyance,
exchange, or transfer of any nature which results in any
change or addition in the owner or operator of the well on
such forms with such information as may be prescribed by
the department. [1974 ex.s. c 43 § 15. Formerly RCW
79.76.150.]
78.60.160
78.60.160 Combining orders, unitization programs
and well spacing—Authority of department. The department has the authority, through rules and regulations, to promulgate combining orders, unitization programs, and well
spacing, and establish proportionate costs among owners or
operators for the operation of such units as the result of said
[2003 RCW Supp—page 925]
78.60.170
Title 78 RCW: Mines, Minerals, and Petroleum
combining orders, if good and sufficient reason is demonstrated that such measures are necessary to prevent the waste
of geothermal resources. [1974 ex.s. c 43 § 16. Formerly
RCW 79.76.160.]
ing geothermal resources shall file with the department a
statement of the geothermal resources produced. Such report
shall be submitted on such forms and in such manner as may
be prescribed by the department. [1974 ex.s. c 43 § 22. Formerly RCW 79.76.220.]
78.60.170
78.60.170 Designation of resident agent for service of
process. Each owner or operator of a well shall designate a
person who resides in this state as his agent upon whom may
be served all legal processes, orders, notices, and directives
of the department or any court. [1974 ex.s. c 43 § 17. Formerly RCW 79.76.170.]
78.60.180
78.60.180 General authority of department. The
department shall have the authority to conduct or authorize
investigations, research, experiments, and demonstrations,
cooperate with other governmental and private agencies in
making investigations, receive any federal funds, state funds,
and other funds and expend them on research programs concerning geothermal resources and their potential development within the state, and to collect and disseminate information relating to geothermal resources in the state: PROVIDED, That the department shall not construct or operate
commercial geothermal facilities. [1974 ex.s. c 43 § 18. Formerly RCW 79.76.180.]
78.60.190
78.60.190 Employment of personnel. The department
shall have the authority, and it shall be its duty, to employ all
personnel necessary to carry out the provisions of this chapter
pursuant to chapter 41.06 RCW. [1974 ex.s. c 43 § 19. Formerly RCW 79.76.190.]
78.60.200
78.60.200 Drilling records, etc., to be maintained—
Inspection—Filing. (1) The owner or operator of any well
shall keep or cause to be kept careful and accurate logs,
records, descriptions, and histories of the drilling, redrilling,
or deepening of the well.
(2) All logs, records, histories, and descriptions referred
to in subsection (1) of this section shall be kept in the local
office of the owner or operator, and together with other
reports of the owner or operator shall be subject during business hours to inspection by the department. Each owner or
operator, upon written request from the department, shall file
with the department a copy of the logs, records, histories,
descriptions, or other records or portions thereof pertaining to
the geothermal drilling or operation underway or suspended.
[1974 ex.s. c 43 § 20. Formerly RCW 79.76.200.]
78.60.210
78.60.210 Filing of records with department upon
completion, abandonment or suspension of operations.
Upon completion or plugging and abandonment of any well
or upon the suspension of operations conducted with respect
to any well for a period of at least six months, one copy of the
log, core record, electric log, history, and all other logs and
surveys that may have been run on the well, shall be filed
with the department within thirty days after such completion,
plugging and abandonment, or six months' suspension. [1974
ex.s. c 43 § 21. Formerly RCW 79.76.210.]
78.60.230
78.60.230 Confidentiality of records. (1) The records
of any owner or operator, when filed with the department as
provided in this chapter, shall be confidential and shall be
open to inspection only to personnel of the department for the
purpose of carrying out the provisions of this chapter and to
those authorized in writing by such owner or operator, until
the expiration of a twenty-four month confidential period to
begin at the date of commencement of production or of abandonment of the well.
(2) Such records shall in no case, except as provided in
this chapter, be available as evidence in court proceedings.
No officer, employee, or member of the department shall be
allowed to give testimony as to the contents of such records,
except as provided in this chapter for the review of a decision
of the department or in any proceeding initiated for the
enforcement of an order of the department, for the enforcement of a lien created by the enforcement of this chapter, or
for use as evidence in criminal proceedings arising out of
such records or the statements upon which they are based.
[1974 ex.s. c 43 § 23. Formerly RCW 79.76.230.]
78.60.240
78.60.240 Removal, destruction, alteration, etc., of
records prohibited. No person shall, for the purpose of
evading the provision of this chapter or any rule, regulation
or order of the department made thereunder, remove from
this state, or destroy, mutilate, alter or falsify any such record,
account, or writing. [1974 ex.s. c 43 § 24. Formerly RCW
79.76.240.]
78.60.250
78.60.250 Violations—Modification of permit, when
necessary—Departmental order—Issuance—Appeal.
Whenever it appears with probable cause to the department
that:
(1) A violation of any provision of this chapter, regulation adopted pursuant thereto, or condition of a permit issued
pursuant to this chapter has occurred or is about to occur, or
(2) That a modification of a permit is deemed necessary
to carry out the purpose of this chapter,
the department shall issue a written order in person to the
operator or his employees or agents, or by certified mail, concerning the drilling, testing, or other operation conducted
with respect to any well drilled, in the process of being
drilled, or in the process of being abandoned or in the process
of reclamation or restoration, and the operator, owner, or designated agent of either shall comply with the terms of the
order and may appeal from the order in the manner provided
for in *RCW 79.76.280. When the department deems necessary the order may include a shutdown order to remain in
effect until the deficiency is corrected. [1974 ex.s. c 43 § 25.
Formerly RCW 79.76.250.]
78.60.220
78.60.220 Statement of geothermal resources produced—Filing. The owner or operator of any well produc[2003 RCW Supp—page 926]
*Reviser's note: RCW 79.76.280 was recodified as RCW 78.60.280
pursuant to 2003 c 334 § 567.
Public Lands
Chapter 79.01
78.60.260
78.60.260 Liability in damages for violations—Procedure. Any person who violates any of the provisions of
this chapter, or fails to perform any duty imposed by this
chapter, or violates an order or other determination of the
department made pursuant to the provisions of this chapter,
and in the course thereof causes the death of, or injury to,
fish, animals, vegetation or other resources of the state, shall
be liable to pay the state damages including an amount equal
to the sum of money necessary to restock such waters, replenish such resources, and otherwise restore the stream, lake,
other water source, or land to its condition prior to the injury,
as such condition is determined by the department. Such
damages shall be recoverable in an action brought by the
attorney general on behalf of the people of the state of Washington in the superior court of the county in which such damages occurred: PROVIDED, That if damages occurred in
more than one county the attorney general may bring action
in any of the counties where the damage occurred. Any moneys so recovered by the attorney general shall be transferred
to the department under whose jurisdiction the damaged
resource occurs, for the purposes of restoring the resource.
[1974 ex.s. c 43 § 26. Formerly RCW 79.76.260.]
upon conviction, by a fine of not more than two thousand five
hundred dollars or by imprisonment in the county jail for not
more than six months, or both. [2003 c 53 § 381; 1974 ex.s.
c 43 § 29. Formerly RCW 79.76.290.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
78.60.300
78.60.300 Aiding or abetting violations. No person
shall knowingly aid or abet any other person in the violation
of any provision of this chapter or of any rule, regulation or
order of the department made hereunder. [1974 ex.s. c 43 §
30. Formerly RCW 79.76.300.]
78.60.900
78.60.900 Severability—1974 ex.s. c 43. If any provision of this 1974 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances
is not affected. [1974 ex.s. c 43 § 32. Formerly RCW
79.76.900.]
Title 79
Title 79
PUBLIC LANDS
78.60.270
78.60.270 Injunctions—Restraining orders. Whenever it shall appear that any person is violating any provision
of this chapter, or any rule, regulation, or order made by the
department hereunder, and if the department cannot, without
litigation, effectively prevent further violation, the department may bring suit in the name of the state against such person in the court in the county of the residence of the defendant, or in the county of the residence of any defendant if
there be more than one defendant, or in the county where the
violation is alleged to have occurred, to restrain such person
from continuing such violation. In such suit the department
may, without bond, obtain injunctions prohibitory and mandatory, including temporary restraining orders and preliminary injunctions, as the facts may warrant. [1974 ex.s. c 43 §
27. Formerly RCW 79.76.270.]
78.60.280
78.60.280 Judicial review. (1) Any person adversely
affected by any rule, regulation, order, or permit entered by
the department pursuant to this chapter may obtain judicial
review thereof in accordance with the applicable provisions
of chapter 34.05 RCW.
(2) The court having jurisdiction, insofar as is practicable, shall give precedence to proceedings for judicial review
brought under this chapter. [1974 ex.s. c 43 § 28. Formerly
RCW 79.76.280.]
78.60.290
78.60.290 Violations—Penalty. (Effective until July
1, 2004.) Violation of any provision of this chapter or of any
rule, regulation, order of the department, or condition of any
permit made hereunder is punishable, upon conviction, by a
fine of not more than two thousand five hundred dollars or by
imprisonment in the county jail for not more than six months,
or both. [1974 ex.s. c 43 § 29. Formerly RCW 79.76.290.]
Chapters
79.01 Public lands act.
79.02 Public lands management—General.
79.08 General provisions.
79.10 Land management authorities and policies.
79.11 State land sales.
79.12 Sales and leases of public lands and materials.
79.13 Land leases.
79.14 Mineral, coal, oil, and gas leases.
79.15 Sale of valuable materials.
79.17 Land transfers.
79.19 Land bank.
79.22 Acquisition, management, and disposition of
state forest lands.
79.24 Capitol building lands.
79.28 Lieu lands.
79.36 Easements over public lands.
79.38 Access roads.
79.40 Trespass.
79.44 Assessments and charges against state lands.
79.60 Sustained yield cooperative agreements.
79.64 Funds for managing and administering lands.
79.66 Land bank.
79.68 Multiple use concept in management and administration of state-owned lands.
79.70 Natural area preserves.
79.73 Milwaukee road corridor.
79.76 Geothermal resources.
79.81 Marine plastic debris.
79.90 Aquatic lands—In general.
79.91 Aquatic lands—Easements and rights of way.
79.94 Aquatic lands—Tidelands and shorelands.
79.96 Aquatic lands—Oysters, geoducks, shellfish, and
other aquacultural uses.
79.97 Marine plastic debris.
78.60.290
78.60.290 Violations—Penalty. (Effective July 1,
2004.) Violation of any provision of this chapter or of any
rule, regulation, order of the department, or condition of any
permit made hereunder is a gross misdemeanor punishable,
Chapter 79.01
Chapter 79.01 RCW
PUBLIC LANDS ACT
Sections
[2003 RCW Supp—page 927]
Chapter 79.01
79.01.072
79.01.132
79.01.132
Title 79 RCW: Public Lands
False statements—Penalty.
Valuable materials sold separately—Initial deposit—Advance
payment/guarantee payment—Time limit on removal—
Direct sale of valuable materials—Performance security—
Proof of taxes paid.
Valuable materials sold separately—Initial deposit—Advance
payment/guarantee payment—Time limit on removal—
Direct sale of valuable materials—Performance security—
Proof of taxes paid.
Reviser's note: 2003 c 334 recodified and/or repealed chapter 79.01
RCW in its entirety.
COMPARATIVE TABLE
Formerly
Currently
79.01.004
79.01.006
79.01.007
79.01.009
79.01.036
79.01.038
79.01.048
79.01.052
79.01.056
79.01.060
79.01.064
79.01.068
79.01.072
79.01.074
79.01.076
79.01.080
79.01.082
79.01.084
79.01.088
79.01.092
79.01.093
79.01.094
79.01.095
79.01.096
79.01.100
79.01.104
79.01.108
79.01.112
79.01.116
79.01.120
79.01.124
79.01.128
79.01.132
79.01.133
79.01.134
79.01.136
79.01.140
79.01.148
79.01.152
79.02.010
79.02.400
79.02.410
79.17.200
[2003 RCW Supp—page 928]
43.30.235
43.12.021
43.12.031
43.12.041
79.10.020
79.02.150
79.02.160
79.15.055
79.02.230
79.11.040
79.11.080
79.02.095
79.11.020
79.10.090
79.11.010
79.11.250
79.11.260
79.11.270
79.11.060
79.11.100
79.11.070
79.15.010
79.10.070
79.15.300
79.11.110
79.11.160
79.01.160
79.01.164
79.01.168
79.01.172
79.01.176
79.01.184
79.01.188
79.01.192
79.01.196
79.01.200
79.01.204
79.01.208
79.01.212
79.01.216
79.01.220
79.01.224
79.01.228
79.01.232
79.01.236
79.01.238
79.01.240
79.01.242
79.01.244
79.01.248
79.01.252
79.01.256
79.01.260
79.01.264
79.01.268
79.01.277
79.01.284
79.01.292
79.01.295
79.01.2951
79.01.2955
79.01.296
79.01.300
79.01.301
79.01.304
79.01.308
79.01.312
79.01.316
79.01.320
79.01.324
79.01.328
79.01.332
79.01.336
79.01.340
79.15.030
79.10.080
79.15.040
79.13.080
79.15.320
79.11.120
79.11.130
79.11.140
79.11.165
79.11.090
79.11.150
79.11.190
79.11.175
79.11.030
79.02.270
79.11.210
79.11.200
79.15.130
79.02.290
79.15.140
79.02.050
79.13.010
79.10.125
79.13.130
79.13.180
79.13.170
79.02.280
79.13.610
79.13.600
79.13.620
79.13.370
79.11.290
79.11.310
79.02.200
79.02.110
79.36.370
79.36.380
79.36.390
79.36.400
79.36.410
79.36.350
79.36.430
79.36.440
Public Lands Act
79.01.344
79.01.348
79.01.352
79.01.356
79.01.360
79.01.364
79.01.384
79.01.388
79.01.392
79.01.396
79.01.400
79.01.404
79.01.408
79.01.412
79.01.414
79.01.416
79.01.500
79.01.612
79.01.616
79.01.617
79.01.618
79.01.620
79.01.624
79.01.628
79.01.632
79.01.633
79.01.634
79.01.640
79.01.642
79.01.644
79.01.645
79.01.648
79.01.649
79.01.650
79.01.651
79.01.652
79.01.656
79.01.660
79.01.664
79.01.668
79.01.672
79.01.676
79.01.680
79.01.684
79.01.688
79.01.692
79.01.696
79.01.704
79.36.450
79.36.460
79.36.470
79.36.480
79.36.490
79.36.500
79.36.510
79.36.520
79.36.530
79.36.540
79.36.550
79.36.560
79.36.570
79.36.580
79.36.355
79.36.360
79.02.030
79.10.030
79.14.300
79.14.310
79.14.320
79.14.330
79.14.340
79.14.350
79.14.360
79.14.370
79.14.380
79.14.390
79.14.400
79.14.410
79.14.420
79.14.430
79.14.440
79.14.450
79.14.315
79.14.470
79.14.480
79.14.490
79.14.500
79.14.510
79.14.520
79.14.530
79.14.540
79.14.550
79.14.560
79.14.570
79.14.580
79.01.132
79.01.708
79.01.712
79.01.720
79.01.724
79.01.728
79.01.732
79.01.736
79.01.740
79.01.744
79.01.748
79.01.752
79.01.756
79.01.760
79.01.765
79.01.770
79.01.774
79.01.778
79.01.780
79.01.784
79.01.790
79.01.795
79.01.800
79.01.805
79.01.810
79.01.815
79.02.210
79.02.220
79.02.240
79.02.260
79.11.320
79.02.100
43.12.075
79.02.040
79.10.010
79.02.310
79.02.330
79.02.320
79.02.300
79.02.080
79.17.110
79.17.120
79.17.130
79.17.140
79.19.100
79.15.210
79.15.220
79.96.200
79.96.210
79.96.220
79.96.230
79.01.072
79.01.072 False statements—Penalty.
Reviser's note: RCW 79.01.072 was amended by 2003 c 53 § 378
without reference to its repeal by 2003 c 334 § 551. It has been decodified
for publication purposes under RCW 1.12.025.
79.01.132
79.01.132 Valuable materials sold separately—Initial deposit—
Advance payment/guarantee payment—Time limit on removal—Direct
sale of valuable materials—Performance security—Proof of taxes paid.
(1) When valuable materials on state lands are sold separate from the land,
they may be sold as a lump sum sale or as a scale sale. Lump sum sales under
five thousand dollars appraised value shall be paid for in cash on the day of
sale. The initial deposit shall be maintained until all contract obligations of
the purchaser are satisfied. However, all or a portion of the initial deposit
may be applied as the final payment for the valuable materials in the event
the department of natural resources determines that adequate security exists
for the performance or fulfillment of any remaining obligations of the purchaser under the sale contract.
(2) The initial deposits required in *RCW 79.01.204 may not exceed
twenty-five percent of the actual or projected purchase price, but in the case
of lump sum sales appraised at over five thousand dollars the initial deposit
may not be less than five thousand dollars, and shall be made on the day of
the sale. For those sales appraised below the amount specified in **RCW
79.01.200, the department of natural resources may require full cash payment on the day of sale.
(3) The purchaser shall notify the department of natural resources
before any operation takes place on the sale site. Upon notification, the
department of natural resources shall determine and require advance payment for the cutting, removal, or processing of the valuable materials, or may
allow purchasers to guarantee payment by submitting as adequate security
bank letters of credit, payment bonds, assignments of savings accounts,
assignments of certificates of deposit, or other methods acceptable to the
department as adequate security. The amount of such advance payments
and/or security shall be determined by the department and at all times equal
[2003 RCW Supp—page 929]
79.01.132
Title 79 RCW: Public Lands
or exceed the value of timber cut and other valuable materials processed or
removed until paid for.
(4) In all cases where valuable materials are sold separate from the
land, the same shall revert to the state if not removed from the land within the
period specified in the sale contract. The specified period shall not exceed
five years from the date of the purchase thereof: PROVIDED, That the specified periods in the sale contract for stone, sand, fill material, or building
stone shall not exceed thirty years.
(5) In all cases where, in the judgment of the department of natural
resources, the purchaser is acting in good faith and endeavoring to remove
such materials, the department of natural resources may extend the time for
the removal thereof for any period not exceeding forty years from the date of
purchase for the stone, sand, fill material, or building stone or for a total of
ten years beyond the normal termination date specified in the original sale
contract for all other material. Extension of a contract is contingent upon
payment to the state of a sum to be fixed by the department of natural
resources, based on the estimated loss of income per acre to the state resulting from the granting of the extension. In no event may the extension payment be less than fifty dollars per extension, plus interest on the unpaid portion of the contract. The interest rate shall be fixed, from time to time, by
rule adopted by the board of natural resources and shall not be less than six
percent per annum. The applicable rate of interest as fixed at the date of sale,
the maximum extension payment, and the method for calculating the unpaid
portion of the contract upon which such interest shall be paid by the purchaser shall be set forth in the contract. The department of natural resources
shall pay into the state treasury all sums received for such extension and the
same shall be credited to the fund to which was credited the original purchase
price of the material so sold.
(6) A direct sale of valuable materials may be sold to the applicant for
cash at full appraised value without notice or advertising. The board of natural resources shall, by resolution, establish the value amount of a direct sale
not to exceed twenty-five thousand dollars in appraised sale value, and establish procedures to assure that competitive market prices and accountability
will be guaranteed.
(7) The department may, in addition to any other securities, require a
performance security to guarantee compliance with all contract requirements. The security is limited to those types listed in subsection (3) of this
section. The value of the performance security will, at all times, equal or
exceed the value of work performed or to be performed by the purchaser.
(8) Any time that the department of natural resources sells timber by
contract that includes a performance bond, the department shall require the
purchaser to present proof of any and all property taxes paid prior to the
release of the performance bond. Within thirty days of payment of taxes due
by the timber purchaser, the county treasurer shall provide certified evidence
of property taxes paid, clearly disclosing the sale contract number.
(9) The provisions of this section apply unless otherwise provided by
statute. The board of natural resources shall establish procedures to protect
against cedar theft and to ensure adequate notice is given for persons interested in purchasing cedar. [2003 c 381 § 1. Prior: 2001 c 250 § 4; 2001 c
187 § 1; 1999 c 51 § 1; 1997 c 116 § 1; 1989 c 148 § 1; 1988 c 136 § 2; 1983
c 2 § 16; prior: 1982 c 222 § 11; 1982 c 27 § 3; 1975 1st ex.s. c 52 § 1; 1971
ex.s. c 123 § 1; 1969 ex.s. c 14 § 2; 1961 c 73 § 1; 1959 c 257 § 13; 1927 c
255 § 33; RRS § 7797-33; prior: 1915 c 147 § 2; 1909 c 223 § 3; 1907 c 256
§ 6; 1901 c 148 § 1; 1899 c 129 § 1; 1897 c 89 § 12; 1895 c 178 § 23. Formerly RCW 79.12.120.]
§ 1; 1988 c 136 § 2; 1983 c 2 § 16. Prior: 1982 c 222 § 11; 1982 c 27 § 3;
1975 1st ex.s. c 52 § 1; 1971 ex.s. c 123 § 1; 1969 ex.s. c 14 § 2; 1961 c 73 §
1; 1959 c 257 § 13; 1927 c 255 § 33; RRS § 7797-33; prior: 1915 c 147 § 2;
1909 c 223 § 3; 1907 c 256 § 6; 1901 c 148 § 1; 1899 c 129 § 1; 1897 c 89 §
12; 1895 c 178 § 23. Formerly RCW 79.12.120.] Repealed by 2003 c 334 §
551.
Reviser's note: *(1) RCW 79.01.204 was recodified as RCW 79.11.150
pursuant to 2003 c 334 § 556.
**(2) RCW 79.01.200 was recodified as RCW 79.11.090 pursuant to
2003 c 334 § 556.
(3) RCW 79.01.132 was also repealed by 2003 c 334 § 551 without
cognizance of its amendment by 2003 c 381 § 1. For rule of construction
concerning sections amended and repealed in the same legislative session,
see RCW 1.12.025.
PART 4
TRESPASS/REGULATIONS/PENALTIES
Application—2001 c 187: See note following RCW 84.40.020.
Severability—1983 c 2: See note following RCW 18.71.030.
Severability—1982 c 222: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1982 c 222 § 17.]
Reviser's note: RCW 79.01.132 was also amended by 2003 c 381 § 1
without cognizance of its repeal by 2003 c 334 § 551. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW 1.12.025.
Chapter 79.02 RCW
PUBLIC LANDS MANAGEMENT—GENERAL
Chapter 79.02
Sections
PART 1
GENERAL PROVISIONS
79.02.010
79.02.020
79.02.030
79.02.040
79.02.050
79.02.080
79.02.090
79.02.095
PART 2
FEDERAL LAND GRANTS
79.02.100
79.02.110
79.02.120
79.02.130
79.02.140
79.02.150
79.02.160
79.02.200
79.02.210
79.02.220
79.02.230
79.02.240
79.02.250
79.02.260
79.02.270
79.02.280
79.02.290
79.02.300
79.02.310
79.02.310
79.02.320
79.02.330
79.02.340
79.02.350
79.02.370
Abstracts of public lands.
Maps and plats—Record and index—Public inspection.
Seal.
Blank forms of applications for appraisal, transfer, sale, and
lease of state lands, valuable materials.
Fees.
Reasonable fees—Disposition.
Fee book.
Deed.
Assignment of contracts or leases.
Subdivision of contracts or leases—Fee.
Trespass, waste, damages—Prosecutions.
Trespasser guilty of larceny, when. (Effective until July 1,
2004.)
Trespasser guilty of theft, when. (Effective July 1, 2004.)
Removal of timber—Treble damages.
Lessee or contract holder guilty of misdemeanor.
Removal of Christmas trees—Compensation.
Intent of RCW 79.02.340.
Protection against cedar theft.
PART 5
OTHER TRUST/GRANT/FOREST RESERVE LANDS
79.02.400
[2003 RCW Supp—page 930]
Appearance by commissioner before United States land
offices.
Applications for federal certification that lands are nonmineral.
Lieu lands—Selection agreements authorized.
Lieu lands—Examination and appraisal.
Lieu lands—Transfer of title to lands relinquished.
Selection to complete uncompleted grants.
Relinquishment on failure or rejection of selection.
PART 3
CONTRACTS/RECORDS/FEES/APPLICATIONS
79.01.132
79.01.132 Valuable materials sold separately—Initial deposit—
Advance payment/guarantee payment—Time limit on removal—Direct
sale of valuable materials—Performance security—Proof of taxes paid.
[2001 c 250 § 4; 2001 c 187 § 1; 1999 c 51 § 1; 1997 c 116 § 1; 1989 c 148
Definitions.
Witnesses—Compelling attendance.
Court review of actions.
Reconsideration of official acts.
Effect of mistake or fraud.
Rewards for information regarding violations.
Transfer of county auditor's duties.
Statutes not applicable to state tidelands, shorelands, harbor
areas, and the beds of navigable waters.
79.02.410
79.02.420
Charitable, educational, penal, and reformatory real property—Inventory—Transfer.
Charitable, educational, penal, and reformatory real property—High economic return potential—Income.
Finding—Intent—Community and technical college forest
reserve land base—Management—Disposition of revenue.
Public Lands Management—General
79.02.030
PART 1
GENERAL PROVISIONS
1; RRS § 7797-1. Prior: 1911 c 36 § 1; 1907 c 256 § 1; 1897
c 89 §§ 4, 5; 1895 c 178 §§ 1, 2. Formerly RCW 79.01.004,
79.04.010.]
79.02.010 Definitions. The definitions in this section
apply throughout this title unless the context clearly requires
otherwise.
(1) "Aquatic lands" means all state-owned tidelands,
shorelands, harbor areas, and the beds of navigable waters as
defined in chapter 79.90 RCW that are managed by the
department.
(2) "Board" means the board of natural resources.
(3) "Commissioner" means the commissioner of public
lands.
(4) "Community and technical college forest reserve
lands" means lands managed under RCW 79.02.420.
(5) "Department" means the department of natural
resources.
(6) "Improvements," when referring to state lands,
means anything considered a fixture in law placed upon or
attached to such lands that has changed the value of the lands
or any changes in the previous condition of the fixtures that
changes the value of the lands.
(7) "Land bank lands" means lands acquired under RCW
79.19.020.
(8) "Person" means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of a federal, state, or local governmental unit, however designated.
(9) "Public lands" means lands of the state of Washington and includes lands belonging to or held in trust by the
state, which are not devoted to or reserved for a particular use
by law. They include state lands, tidelands, shorelands, and
harbor areas as defined in chapter 79.90 RCW, and the beds
of navigable waters belonging to the state.
(10) "State forest lands" means lands acquired under
RCW 79.22.010, 79.22.040, and 79.22.020.
(11) "State lands" includes:
(a) School lands, that is, lands held in trust for the support of the common schools;
(b) University lands, that is, lands held in trust for university purposes;
(c) Agricultural college lands, that is, lands held in trust
for the use and support of agricultural colleges;
(d) Scientific school lands, that is, lands held in trust for
the establishment and maintenance of a scientific school;
(e) Normal school lands, that is, lands held in trust for
state normal schools;
(f) Capitol building lands, that is, lands held in trust for
the purpose of erecting public buildings at the state capital for
legislative, executive, and judicial purposes;
(g) Institutional lands, that is, lands held in trust for state
charitable, educational, penal, and reformatory institutions;
and
(h) All public lands of the state, except tidelands, shorelands, harbor areas, and the beds of navigable waters.
(12) "Valuable materials," when referring to state lands
or state forest lands, means any product or material on the
lands, such as forest products, forage or agricultural crops,
stone, gravel, sand, peat, and all other materials of value
except mineral, coal, petroleum, and gas as provided for
under chapter 79.14 RCW. [2003 c 334 § 301; 1927 c 255 §
Intent—2003 c 334: "This act is intended to make technical amendments to certain codified statutes that deal with the department of natural
resources. Any statutory changes made by this act should be interpreted as
technical in nature and not be interpreted to have any substantive, policy
implications." [2003 c 334 § 616.]
79.02.010
79.02.020
79.02.020 Witnesses—Compelling attendance. (1)
The board or the commissioner has the power to compel
through subpoena the attendance of witnesses and production
of records for:
(a) Hearings pertaining to public lands as provided by
this title;
(b) Determining the value and character of land, valuable
materials, or improvements; and
(c) Determining waste or damage to the land.
(2) A subpoena may be served by any person authorized
by law to serve process.
(3) Each witness subpoenaed is allowed the same fees
and mileage as paid witnesses in courts of records in this
state. The department shall pay these fees and mileage from
its general fund appropriation.
(4) Any witness failing to comply with a subpoena, without legal excuse, is considered in contempt.
(a) The board or commissioner shall certify the facts to
the court of the county in which the witness resides for contempt of court proceedings as provided in chapter 7.21 RCW.
(b) The certificate of the board or commissioner must be
considered by the court as prima facie evidence of the guilt of
the witness.
(c) Upon legal proof of the facts, the witness is subject to
the same penalties as provided in like cases for contempt of
court. [2003 c 334 § 302.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.02.030
79.02.030 Court review of actions. Any applicant to
purchase, or lease, any public lands of the state, or any valuable materials thereon, and any person whose property rights
or interests will be affected by such sale or lease, feeling
aggrieved by any order or decision of the board, or the commissioner, concerning the same, may appeal therefrom to the
superior court of the county in which such lands or materials
are situated, by serving upon all parties who have appeared in
the proceedings in which the order or decision was made, or
their attorneys, a written notice of appeal, and filing such
notice, with proof, or admission, of service, with the board, or
the commissioner, within thirty days from the date of the
order or decision appealed from, and at the time of filing the
notice, or within five days thereafter, filing a bond to the
state, in the penal sum of two hundred dollars, with sufficient
sureties, to be approved by the secretary of the board, or the
commissioner, conditioned that the appellant shall pay all
costs that may be awarded against the appellant on appeal, or
the dismissal thereof. Within thirty days after the filing of
notice of appeal, the secretary of the board, or the commissioner, shall certify, under official seal, a transcript of all
entries in the records of the board, or the commissioner,
together with all processes, pleadings and other papers relating to and on file in the case, except evidence used in such
[2003 RCW Supp—page 931]
79.02.040
Title 79 RCW: Public Lands
proceedings, and file such transcript and papers, at the
expense of the applicant, with the clerk of the court to which
the appeal is taken. The hearing and trial of said appeal in the
superior court shall be de novo before the court, without a
jury, upon the pleadings and papers so certified, but the court
may order the pleadings to be amended, or new and further
pleadings to be filed. Costs on appeal shall be awarded to the
prevailing party as in actions commenced in the superior
court, but no costs shall be awarded against the state, the
board, or the commissioner. Should judgment be rendered
against the appellant, the costs shall be taxed against the
appellant and the appellant's sureties on the appeal bond,
except when the state is the only adverse party, and shall be
included in the judgment, upon which execution may issue as
in other cases. Any party feeling aggrieved by the judgment
of the superior court may seek appellate review as in other
civil cases. Unless appellate review of the judgment of the
superior court is sought, the clerk of said court shall, on
demand, certify, under the clerk's hand and the seal of the
court, a true copy of the judgment, to the board, or the commissioner, which judgment shall thereupon have the same
force and effect as if rendered by the board, or the commissioner. In all cases of appeals from orders or decisions of the
commissioner involving the prior right to purchase tidelands
of the first class, if the appeal is not prosecuted, heard and
determined, within two years from the date of the appeal, the
attorney general shall, after thirty days' notice to the appellant
of the attorney general's intention so to do, move the court for
a dismissal of the appeal, but nothing herein shall be construed to prevent the dismissal of such appeal at any time in
the manner provided by law. [2003 c 334 § 397. Prior: 1988
c 202 § 59; 1988 c 128 § 56; 1971 c 81 § 139; 1927 c 255 §
125; RRS § 7797-125; prior: 1901 c 62 §§ 1 through 7; 1897
c 89 § 52; 1895 c 178 § 82. Formerly RCW 79.01.500,
79.08.030.]
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1988 c 202: See note following RCW 2.24.050.
79.02.040
79.02.040 Reconsideration of official acts. The
department may review and reconsider any of its official acts
relating to state lands until such time as a lease, contract, or
deed shall have been made, executed, and finally issued, and
the department may recall any lease, contract, or deed issued
for the purpose of correcting mistakes or errors, or supplying
omissions. [2003 c 334 § 432; 1982 1st ex.s. c 21 § 177; 1927
c 255 § 195; RRS § 7797-195. Formerly RCW 79.01.740,
43.65.080.]
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
79.02.050
79.02.050 Effect of mistake or fraud. (1) Any sale,
transfer, or lease of state lands in which the purchaser, transfer recipient, or lessee obtains the sale or lease by fraud or
misrepresentation is void, and the contract of purchase or
lease shall be of no effect. In the event of fraud, the contract,
transferred property, or lease must be surrendered to the
department, but the purchaser, transfer recipient, or lessee
may not be refunded any money paid on account of the surrendered contract, transfer, or lease.
[2003 RCW Supp—page 932]
[(2)] In the event that a mistake is discovered in the sale
or lease of state lands, or in the sale of valuable materials on
state lands, the department may take action to correct the mistake in accordance with RCW 79.02.040 if maintaining the
corrected contract, transfer, or lease is in the best interests of
the affected trust or trusts. [2003 c 334 § 365; 2001 c 250 §
11; 1982 1st ex.s. c 21 § 164; 1959 c 257 § 28; 1927 c 255 §
60; RRS § 7797-60. Prior: 1903 c 79 § 3. Formerly RCW
79.01.240, 79.12.280.]
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
79.02.080
79.02.080 Rewards for information regarding violations. The department is authorized to offer and pay a reward
not to exceed ten thousand dollars in each case for information regarding violations of any statute or rule relating to the
state's public lands and natural resources on those lands,
except forest practices under chapter 76.09 RCW. No reward
may be paid to any federal, state, or local government or
agency employees for information obtained by them in the
normal course of their employment. The department is
authorized to adopt rules in pursuit of its authority under this
section to determine the appropriate account or fund from
which to pay the reward. The department is also authorized
to adopt rules establishing the criteria for paying a reward and
the amount to be paid. No appropriation shall be required for
disbursement. [2003 c 334 § 436; 1994 c 56 § 1; 1990 c 163
§ 8. Formerly RCW 79.01.765.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.02.090
79.02.090 Transfer of county auditor's duties. The
duties of the county auditor in each county with a population
of two hundred ten thousand or more, with regard to sales and
leases dealt with under this title except RCW 79.11.250,
79.11.260, and 79.94.040, are transferred to the county treasurer. [2003 c 334 § 451; 1991 c 363 § 152; 1983 c 3 § 201;
1955 c 184 § 1. Formerly RCW 79.08.170.]
Intent—2003 c 334: See note following RCW 79.02.010.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
79.02.095
79.02.095 Statutes not applicable to state tidelands,
shorelands, harbor areas, and the beds of navigable
waters. RCW 79.11.080, 79.11.010, 79.11.110, *79.01.140,
79.11.160, 79.10.125, 79.13.130, *79.01.252, *79.01.256,
*79.01.260, *79.01.264, 79.13.180, 79.02.260, 79.13.320,
79.13.410, 79.13.010, and *79.01.277 do not apply to state
tidelands, shorelands, harbor areas, and the beds of navigable
waters. [2003 c 334 § 317; 1979 ex.s. c 109 § 22. Formerly
RCW 79.01.093.]
Reviser's note: RCW 79.01.140, 79.01.252, 79.01.256, 79.01.260,
79.01.264, and 79.01.277 were repealed by 2003 c 334 § 551.
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
Public Lands Management—General
79.02.160
79.02.140
PART 2
FEDERAL LAND GRANTS
79.02.100
79.02.100 Appearance by commissioner before
United States land offices. The commissioner of public
lands is authorized and directed to appear before the United
States land offices in all cases involving the validity of the
selections of any lands granted to the state, and to summon
witnesses and pay necessary witness fees and stenographer
fees in such contested cases. [1927 c 255 § 193; RRS § 7797193. Formerly RCW 79.01.732, 43.12.070.]
79.02.110
79.02.110 Applications for federal certification that
lands are nonmineral. The commissioner of public lands is
authorized and directed to make applications, and to cause
publication of notices of applications, to the interior department of the United States for certification that any land
granted to the state is nonmineral in character, in accordance
with the rules of the general land office of the United States.
[1927 c 255 § 77; RRS § 7797-77. Prior: 1897 c 89 § 33. Formerly RCW 79.01.308, 79.08.130.]
79.02.120
79.02.120 Lieu lands—Selection agreements authorized. For the purpose of obtaining from the United States
indemnity or lieu lands for such lands granted to the state for
common schools, educational, penal, reformatory, charitable,
capitol building, or other purposes, as have been or may be
lost to the state, or the title to or use or possession of which is
claimed by the United States or by others claiming by,
through or under the United States, by reason of any of the
causes entitling the state to select other lands in lieu thereof,
the inclusion of the same in any reservation by or under
authority of the United States, or any other appropriation or
disposition of the same by the United States, whether such
lands are now surveyed or unsurveyed, the department, with
the advice and approval of the attorney general, is authorized
and empowered to enter into an agreement or agreements, on
behalf of the state, with the proper officer or officers of the
United States for the relinquishment of any such lands and
the selection in lieu thereof, under the provisions of RCW
79.02.120 through 79.02.140, of lands of the United States of
equal area and value. [2003 c 334 § 488; 1988 c 128 § 63;
1913 c 102 § 1; RRS § 7824. Formerly RCW 79.28.010.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.02.130
79.02.130 Lieu lands—Examination and appraisal.
Upon the making of any such agreement, the board shall be
empowered and it shall be its duty to cause such examination
and appraisal to be made as will determine the area and value,
as nearly as may be, of the lands lost to the state, or the title
to, use or possession of which is claimed by the United States
by reason of the causes mentioned in RCW 79.02.120, and
proposed to be relinquished to the United States, and shall
cause an examination and appraisal to be made of any lands
which may be designated by the officers of the United States
as subject to selection by the state in lieu of the lands aforesaid, to the end that the state shall obtain lands in lieu thereof
of equal area and value. [2003 c 334 § 489; 1988 c 128 § 64;
1913 c 102 § 2; RRS § 7825. Formerly RCW 79.28.020.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.02.140 Lieu lands—Transfer of title to lands relinquished. Whenever the title to any lands selected under the
provisions of RCW 79.02.120 through 79.02.140 shall
become vested in the state of Washington by the acceptance
and approval of the lists of lands so selected, or other proper
action of the United States, the governor, on behalf of the
state of Washington, shall execute and deliver to the United
States a deed of conveyance of the lands of the state relinquished under the provisions of RCW 79.02.120 through
79.02.140, which deed shall convey to and vest in the United
States all the right, title and interest of the state of Washington therein. [2003 c 334 § 490; 1913 c 102 § 3; RRS § 7826.
Formerly RCW 79.28.030.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.02.150
79.02.150 Selection to complete uncompleted grants.
So long as any grant of lands by the United States to the state
of Washington, for any purpose, or as lieu or indemnity lands
therefor, remains incomplete, the commissioner of public
lands shall, from time to time, cause the records in his office
and in the United States land offices, to be examined for the
purpose of ascertaining what of the unappropriated lands of
the United States are open to selection, and whether any
thereof may be of sufficient value and so situated as to warrant their selection as state lands, and in that case may cause
the same to be inspected and appraised by one or more state
land inspectors, and a full report made thereon by the smallest legal subdivisions of forty acres each, classifying such
lands into grazing, farming and timbered lands, and estimating the value of each tract inspected and the quantity and
value of all valuable material thereon, and in the case of timbered lands the amount and value of the standing timber
thereon, and the estimated value of such lands after the timber is removed, which report shall be made as amply and
expeditiously as possible on blanks to be furnished by the
commissioner of public lands for that purpose, under the oath
of the inspector to the effect that he has personally examined
the tracts mentioned in each forty acres thereof, and that said
report and appraisement is made from such personal examination, and is, to the best of affiant's knowledge and belief,
true and correct, and that the lands are not occupied by any
bona fide settler.
The commissioner of public lands shall select such unappropriated lands as he shall deem advisable, and do all things
necessary under the laws of the United States to vest title
thereto in the state, and shall assign lands of equal value, as
near as may be, to the various uncompleted grants. [1927 c
255 § 19; RRS § 7797-19. Prior: 1897 c 89 §§ 5, 7, 9, 10.
Formerly RCW 79.01.076, 79.08.050.]
Lieu lands: Chapter 79.02 RCW.
79.02.160
79.02.160 Relinquishment on failure or rejection of
selection. In case any person interested in any tract of land
heretofore selected by the territory of Washington or any
officer, board, or agent thereof or by the state of Washington
or any officer, board, or agent thereof or which may be hereafter selected by the state of Washington or the department,
in pursuance to any grant of public lands made by the United
States to the territory or state of Washington for any purpose
or upon any trust whatever, the selection of which has failed
or been rejected or shall fail or shall be rejected for any rea[2003 RCW Supp—page 933]
79.02.200
Title 79 RCW: Public Lands
79.02.230
son, shall request it, the department shall have the authority
and power on behalf of the state to relinquish to the United
States such tract of land. [2003 c 334 § 308; 1927 c 255 § 20;
RRS § 7797-20. Prior: 1899 c 63 § 1. Formerly RCW
79.01.080, 79.08.060.]
Intent—2003 c 334: See note following RCW 79.02.010.
PART 3
CONTRACTS/RECORDS/FEES/APPLICATIONS
79.02.200
79.02.200 Abstracts of public lands. The department
shall cause full and correct abstracts of all the public lands to
be made and kept in suitable and well bound books, and other
suitable records. Such abstracts shall show in proper columns and pages the section or part of section, lot or block,
township and range in which each tract is situated, whether
timber or prairie, improved or unimproved, the appraised
value per acre, the value of improvements and the value of
damages, and the total value, the several values of timber,
stone, gravel, or other valuable materials thereon, the date of
sale, the name of purchaser, sale price per acre, the date of
lease, the name of lessee, the term of the lease, the annual
rental, amount of cash paid, amount unpaid and when due,
amount of annual interest, and in proper columns such other
facts as may be necessary to show a full and complete
abstract of the conditions and circumstances of each tract or
parcel of land from the time the title was acquired by the state
until the issuance of a deed or other disposition of the land by
the state. [2003 c 334 § 382; 1982 1st ex.s. c 21 § 166; 1927
c 255 § 76; RRS § 7797-76. Prior: (i) 1897 c 89 § 32; RRS
§ 7823. (ii) 1911 c 59 § 9; RRS § 7899. Formerly RCW
79.01.304, 43.12.080.]
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
79.02.210
79.02.210 Maps and plats—Record and index—Public inspection. All maps, plats, and field notes of surveys,
required to be made by this title shall, after approval by the
department, be deposited and filed in the office of the department, which shall keep a careful and complete record and
index of all maps, plats, and field notes of surveys in its possession, in well bound books, which shall at all times be open
to public inspection. [2003 c 334 § 426; 1988 c 128 § 57;
1927 c 255 § 187; RRS § 7797-187. Formerly RCW
79.01.708, 43.12.110.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.02.220
79.02.220 Seal. All notices, orders, contracts, certificates, rules and regulations, or other documents or papers
made and issued by or on behalf of the department, or the
commissioner, as provided in this title, shall be authenticated
by a seal whereon shall be the vignette of George Washington, with the words "Seal of the commissioner of public
lands, State of Washington." [2003 c 334 § 427; 1988 c 128
§ 58; 1927 c 255 § 188; RRS § 7797-188. Formerly RCW
79.01.712, 43.65.070.]
Intent—2003 c 334: See note following RCW 79.02.010.
[2003 RCW Supp—page 934]
79.02.230 Blank forms of applications for appraisal,
transfer, sale, and lease of state lands, valuable materials.
The department shall cause to be prepared, and furnish to
applicants, blank forms of applications for the appraisal,
transfer, and purchase of any state lands and the purchase of
valuable materials situated thereon, and for the lease of state
lands. These forms shall contain instructions to inform and
aid applicants. [2003 c 334 § 310; 2001 c 250 § 1; 1982 1st
ex.s. c 21 § 150; 1959 c 257 § 2; 1927 c 255 § 21; RRS §
7797-21. Prior: 1909 c 223 § 2; 1907 c 256 § 5; 1903 c 74 §
1; 1897 c 89 § 11; 1895 c 178 §§ 17, 18. Formerly RCW
79.01.084, 79.08.040.]
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
79.02.240
79.02.240 Fees. The department may charge and collect
fees as determined by the board for each category of services
performed based on costs incurred. [2003 c 334 § 428; 1979
ex.s. c 109 § 18; 1959 c 153 § 1; 1927 c 255 § 190; RRS §
7797-190. Formerly RCW 79.01.720, 43.12.120.]
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.02.250
79.02.250 Reasonable fees—Disposition. (1) Applications for the purchase or use of lands and the sale of valuable
materials by the department shall be accompanied by reasonable fees to be prescribed by the board in an amount sufficient to defray the cost of performing or otherwise providing
for the processing, review, or inspection of the applications
or activities permitted pursuant to the applications for each
category of services performed.
(2) Fees shall be credited to the resource management
cost account fund as established under RCW 79.64.020, the
forest development account fund as established under RCW
79.64.100, or the agricultural college trust management
account fund as established under RCW 79.64.090, as applicable. [2003 c 334 § 313.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.02.260
79.02.260 Fee book. The department shall keep a fee
book, in which shall be entered all fees received, with the
date paid and the name of the person paying the same, and the
nature of the services rendered for which the fee is charged,
which book shall be verified monthly by affidavit entered
therein. All fees collected by the department shall be paid
into the state treasury, as applicable, to the resource management cost account created in RCW 79.64.020, the forest
development account created in RCW 79.64.100, or the agricultural college trust management account fund as established under RCW 79.64.090, and the receipt of the state treasurer taken and retained in the department's Olympia office
as a voucher. [2003 c 334 § 429; 1979 ex.s. c 109 § 19; 1927
c 255 § 191; RRS § 7797-191. Formerly RCW 79.01.724,
43.12.130.]
Reviser's note: This section does not apply to state tidelands, shorelands, harbor areas, and the beds of navigable waters. See RCW 79.02.095.
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
Public Lands Management—General
79.02.310
79.02.270
79.02.270 Deed. When the entire purchase price of any
state lands shall have been fully paid, the commissioner shall
certify such fact to the governor, and shall cause a quitclaim
deed signed by the governor and attested by the secretary of
state, with the seal of the state attached thereto, to be issued
to the purchaser and to be recorded in the department's Olympia office. No fee is required for any deed of land issued by
the governor other than the fee provided for in this title.
[2003 c 334 § 360; 1982 1st ex.s. c 21 § 160; 1959 c 257 § 25;
1927 c 255 § 55; RRS § 7797-55. Prior: 1917 c 149 § 1;
1915 c 147 § 3; 1907 c 256 § 3; 1897 c 89 § 16; 1895 c 178
§§ 25, 29. Formerly RCW 79.01.220, 79.12.390.]
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
79.02.280
79.02.280 Assignment of contracts or leases. All contracts of purchase, or leases, of state lands issued by the
department shall be assignable in writing by the contract
holder or lessee and the assignee shall be subject to and governed by the provisions of law applicable to the assignor and
shall have the same rights in all respects as the original purchaser, or lessee, of the lands, provided the assignment is
approved by the department and entered of record in its
office. [2003 c 334 § 377; 1982 1st ex.s. c 21 § 165; 1927 c
255 § 73; RRS § 7797-73. Prior: 1903 c 79 § 8. Formerly
RCW 79.01.292, 79.12.270.]
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
79.02.290
79.02.290 Subdivision of contracts or leases—Fee.
Whenever the holder of a contract of purchase of any state
lands, or the holder of any lease of any such lands, except for
mining of valuable minerals or coal, or extraction of petroleum or gas, shall surrender the same to the department with
the request to have it divided into two or more contracts, or
leases, the department may divide the same and issue new
contracts, or leases, but no new contract, or lease, shall issue
while there is due and unpaid any interest, rental, or taxes or
assessments on the land held under such contract or lease, nor
in any case where the department is of the opinion that the
state's security would be impaired or endangered by the proposed division. For all such new contracts, or leases, a fee as
provided under this chapter, shall be paid by the applicant.
[2003 c 334 § 363; 1982 1st ex.s. c 21 § 163; 1979 ex.s. c 109
§ 8; 1959 c 257 § 27; 1955 c 394 § 2; 1927 c 255 § 59; RRS
§ 7797-59. Prior: 1903 c 79 § 3. Formerly RCW 79.01.236,
79.12.260.]
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
PART 4
TRESPASS/REGULATIONS/PENALTIES
79.02.300
79.02.300 Trespass, waste, damages—Prosecutions.
(1) Every person who, without authorization, uses or occupies public lands, removes any valuable material as defined
in *RCW 79.01.038 from public lands, or causes waste or
damage to public lands, or injures publicly owned personal
property or publicly owned improvements to real property on
public lands, is liable to the state for treble the amount of the
damages. However, liability shall be for single damages if
the department determines, or the person proves upon trial,
that the person, at time of the unauthorized act or acts, did not
know, or have reason to know, that he or she lacked authorization. Damages recoverable under this section include, but
are not limited to, the market value of the use, occupancy, or
things removed, had the use, occupancy, or removal been
authorized; and any damages caused by injury to the land,
publicly owned personal property or publicly owned
improvement, including the costs of restoration. In addition,
the person is liable for reimbursing the state for its reasonable
costs, including but not limited to, its administrative costs,
survey costs to the extent they are not included in damages
awarded for restoration costs, and its reasonable attorneys'
fees and other legal costs.
(2) This section does not apply in any case where liability for damages is provided under RCW 64.12.030, 4.24.630,
79.02.320, or 79.02.340.
(3) The department is authorized and directed to investigate all trespasses and wastes upon, and damages to, public
lands of the state, and to cause prosecutions for, and/ or
actions for the recovery of the same to be commenced as is
provided by law. [2003 c 334 § 435; 1994 c 280 § 2; 1993 c
266 § 1; 1927 c 255 § 200; RRS § 7797-200. Prior: 1897 c
89 § 64; 1895 c 178 § 99. Formerly RCW 79.01.760,
79.40.040.]
*Reviser's note: RCW 79.01.038 was repealed by 2003 c 334 § 551.
The term "valuable materials" is defined in RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.
Waste and trespass: Chapter 64.12 RCW.
79.02.310
79.02.310 Trespasser guilty of larceny, when. (Effective until July 1, 2004.) Every person who wilfully commits
any trespass upon any public lands of the state and cuts down,
destroys or injures any timber, or any tree standing or growing thereon, or takes, or removes, or causes to be taken, or
removed, therefrom any wood or timber lying thereon, or
maliciously injures or severs anything attached thereto, or the
produce thereof, or digs, quarries, mines, takes or removes
therefrom any earth, soil, stone, mineral, clay, sand, gravel,
or any valuable materials, shall be guilty of larceny. [1927 c
255 § 197; RRS § 7797-197. Prior: 1889-90 pp 124-125 §§
1, 4. Formerly RCW 79.01.748, 79.40.010.]
79.02.310
79.02.310 Trespasser guilty of theft, when. (Effective
July 1, 2004.) Every person who willfully commits any trespass upon any public lands of the state and cuts down,
destroys or injures any timber, or any tree standing or growing thereon, or takes, or removes, or causes to be taken, or
removed, therefrom any wood or timber lying thereon, or
maliciously injures or severs anything attached thereto, or the
produce thereof, or digs, quarries, mines, takes or removes
therefrom any earth, soil, stone, mineral, clay, sand, gravel,
or any valuable materials, is guilty of theft under chapter
9A.56 RCW. [2003 c 53 § 379; 1927 c 255 § 197; RRS §
[2003 RCW Supp—page 935]
79.02.320
Title 79 RCW: Public Lands
7797-197. Prior: 1889-90 pp 124-125 §§ 1, 4. Formerly
RCW 79.01.748, 79.40.010.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
79.02.320
79.02.320 Removal of timber—Treble damages.
Every person who shall cut or remove, or cause to be cut or
removed, any timber growing or being upon any public lands
of the state, or who shall manufacture the same into logs,
bolts, shingles, lumber or other articles of use or commerce,
unless expressly authorized so to do by a bill of sale from the
state, or by a lease or contract from the state under which he
holds possession of such lands, or by the provisions of law
under and by virtue of which such bill of sale, lease or contract was issued, shall be liable to the state in treble the value
of the timber or other articles so cut, removed or manufactured, to be recovered in a civil action, and shall forfeit to the
state all interest in and to any article into which said timber is
manufactured. [1927 c 255 § 199; RRS § 7797-199. Prior:
1897 c 89 § 66; 1895 c 178 § 101. Formerly RCW 79.01.756,
79.40.030.]
Firewood on state lands: Chapter 79.15 RCW.
Injunction to prevent waste on public land: RCW 64.12.050.
Injury to or removing trees, etc.—Damages: RCW 64.12.030.
Penalty for destroying native flora: RCW 47.40.080.
made immediately upon demand. Should it be necessary to
institute civil action to recover the value of such trees, the
state in the case of state lands, or the owner in case of private
lands, may exact treble damages on the basis of three dollars
per tree for each tree so cut or removed. [2003 c 334 § 504;
1988 c 128 § 66; 1955 c 225 § 1; 1937 c 87 § 1; RRS § 80741. Formerly RCW 79.40.070.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.02.350
79.02.350 Intent of RCW 79.02.340. RCW 79.02.340
is not intended to repeal or modify any of the provisions of
existing statutes providing penalties for the unlawful removal
of timber from state lands. [2003 c 334 § 505; 1937 c 87 § 2;
RRS § 8074-2. Formerly RCW 79.40.080.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.02.370
79.02.370 Protection against cedar theft. The board
must establish procedures to protect against cedar theft and to
ensure adequate notice is given for persons interested in purchasing cedar. [2003 c 334 § 333.]
Intent—2003 c 334: See note following RCW 79.02.010.
PART 5
OTHER TRUST/GRANT/FOREST RESERVE LANDS
79.02.330
79.02.330 Lessee or contract holder guilty of misdemeanor. Every person being in lawful possession of any
public lands of the state, under and by virtue of any lease or
contract of purchase from the state, cuts down, destroys, or
injures, or causes to be cut down, destroyed, or injured, any
timber standing or growing thereon, or takes or removes, or
causes to be taken or removed, therefrom, any wood or timber lying thereon, or maliciously injures or severs anything
attached thereto, or the produce thereof, or digs, quarries,
mines, takes, or removes therefrom, any earth, soil, clay,
sand, gravel, stone, mineral, or other valuable material, or
causes the same to be done, or otherwise injures, defaces, or
damages, or causes to be injured, defaced, or damaged, any
such lands unless expressly authorized so to do by the lease
or contract under which possession of such lands is held, or
by the provisions of law under and by virtue of which such
lease or contract was issued, shall be guilty of a misdemeanor. [2003 c 334 § 434; 1927 c 255 § 198; RRS § 7797198. Prior: 1899 c 34 §§ 1 through 3. Formerly RCW
79.01.752, 79.40.020.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.02.340
79.02.340 Removal of Christmas trees—Compensation. It shall be unlawful for any person to enter upon any of
the state lands, including all land under the jurisdiction of the
department, or upon any private land without the permission
of the owner thereof and to cut, break, or remove therefrom
for commercial purposes any evergreen trees, commonly
known as Christmas trees, including fir, hemlock, spruce, and
pine trees. Any person cutting, breaking, or removing or
causing to be cut, broken, or removed, or who cuts down, cuts
off, breaks, tops, or destroys any of such Christmas trees shall
be liable to the state, or to the private owner thereof, for payment for such trees at a price of one dollar each if payment is
[2003 RCW Supp—page 936]
79.02.400
79.02.400 Charitable, educational, penal, and reformatory real property—Inventory—Transfer. (1) Every
five years the department of social and health services and
other state agencies that operate institutions shall conduct an
inventory of all real property subject to the charitable, educational, penal, and reformatory institution account and other
real property acquired for institutional purposes or for the
benefit of the blind, deaf, mentally ill, developmentally disabled, or otherwise disabled. The inventory shall identify
which of those real properties are not needed for state-provided residential care, custody, or treatment. By December 1,
1992, and every five years thereafter the department shall
report the results of the inventory to the house of representatives committee on capital facilities and financing, the senate
committee on ways and means, and the joint legislative audit
and review committee.
(2) Real property identified as not needed for state-provided residential care, custody, or treatment shall be transferred to the corpus of the charitable, educational, penal, and
reformatory institution account. This subsection shall not
apply to leases of real property to a consortium of three or
more counties in order for the counties to construct or otherwise acquire correctional facilities for juveniles or adults or
to real property subject to binding conditions that conflict
with the other provisions of this subsection.
(3) The department of natural resources shall manage all
property subject to the charitable, educational, penal, and
reformatory institution account and, in consultation with the
department of social and health services and other affected
agencies, shall adopt a plan for the management of real property subject to the account and other real property acquired
for institutional purposes or for the benefit of the blind, deaf,
mentally ill, developmentally disabled, or otherwise disabled.
General Provisions
(a) The plan shall be consistent with state trust land policies and shall be compatible with the needs of institutions
adjacent to real property subject to the plan.
(b) The plan may be modified as necessary to ensure the
quality of future management and to address the acquisition
of additional real property. [1996 c 288 § 51; 1996 c 261 § 1;
1991 c 204 § 1. Formerly RCW 79.01.006.]
Reviser's note: This section was amended by 1996 c 261 § 1 and by
1996 c 288 § 51, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Department of social and health services duty: RCW 43.20A.035.
79.02.410
79.02.410 Charitable, educational, penal, and reformatory real property—High economic return potential—
Income. Where charitable, educational, penal, and reformatory institutions land has the potential for lease for commercial, industrial, or residential uses or other uses with the
potential for high economic return and is within urban or suburban areas, the department shall make every effort consistent with trust land management principles and all other provisions of law to lease the lands for such purposes, unless the
land is subject to a lease to a state agency operating an existing state institution. The department is authorized, subject to
approval by the board and only if a higher return can be realized, to exchange such lands for lands of at least equal value
and to sell such lands and use the proceeds to acquire replacement lands. The department shall report to the appropriate
legislative committees all charitable, educational, penal, and
reformatory institutions land purchased, sold, or exchanged.
Income from the leases shall be deposited in the charitable,
educational, penal, and reformatory institutions account. The
legislature shall give priority consideration to appropriating
one-half of the money derived from lease income to providing community housing for persons who are mentally ill,
developmentally disabled, or youth who are blind, deaf, or
otherwise disabled. [2003 c 334 § 303; 1991 c 204 § 5. Formerly RCW 79.01.007.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.02.420
79.02.420 Finding—Intent—Community and technical college forest reserve land base—Management—Disposition of revenue. (1) The legislature finds that the state's
community and technical colleges need a dedicated source of
revenue to augment other sources of capital improvement
funding. The intent of this section is to ensure that the forest
land purchased under section 310, chapter 16, Laws of 1990
1st ex. sess. and known as the community and technical college forest reserve land base, is managed in perpetuity and in
the same manner as state forest lands for sustainable commercial forestry and multiple use of lands consistent with
RCW 79.10.120. These lands will also be managed to provide an outdoor education and experience area for organized
groups. The lands will provide a source of revenue for the
long-term capital improvement needs of the state community
and technical college system.
(2) There has been increasing pressure to convert forest
lands within areas of the state subject to population growth.
Loss of forest land in urbanizing areas reduces the production
of forest products and the available supply of open space,
watershed protection, habitat, and recreational opportunities.
79.08.080
The land known as the community and technical college forest reserve land base is forever reserved from sale. However,
the timber and other products on the land may be sold, or the
land may be leased in the same manner and for the same purposes as authorized for state granted lands if the department
finds the sale or lease to be in the best interest of this forest
reserve land base and approves the terms and conditions of
the sale or lease.
(3) The land exchange and acquisition powers provided
in RCW 79.17.020 may be used by the department to reposition land within the community and technical college forest
reserve land base consistent with subsection (1) of this section.
(4) Up to twenty-five percent of the revenue from these
lands, as determined by the board, will be deposited in the
forest development account to reimburse the forest development account for expenditures from the account for management of these lands.
(5) The community college forest reserve account, created under section 310, chapter 16, Laws of 1990 1st ex.
sess., is renamed the community and technical college forest
reserve account. The remainder of the revenue from these
lands must be deposited in the community and technical college forest reserve account. Money in the account may be
appropriated by the legislature for the capital improvement
needs of the state community and technical college system or
to acquire additional forest reserve lands. [2003 c 334 § 225;
1996 c 264 § 1. Formerly RCW 76.12.240.]
Intent—2003 c 334: See note following RCW 79.02.010.
Chapter 79.08
Chapter 79.08 RCW
GENERAL PROVISIONS
Sections
79.08.015
79.08.070
79.08.080
79.08.090
79.08.100
79.08.110
79.08.120
79.08.170
79.08.180
79.08.190
79.08.200
79.08.250
79.08.260
79.08.275
79.08.277
79.08.279
79.08.281
79.08.283
79.08.284
Recodified as RCW 79.17.050.
Recodified as RCW 79.17.030.
Recodified as RCW 79.94.175.
Recodified as RCW 79.94.181.
Recodified as RCW 79.94.185.
Recodified as RCW 79.11.220.
Recodified as RCW 79.13.090.
Recodified as RCW 79.02.090.
Recodified as RCW 79.17.010.
Repealed.
Repealed.
Recodified as RCW 79.17.040.
Recodified as RCW 79.90.458.
Recodified as RCW 79.73.010.
Recodified as RCW 79.73.020.
Recodified as RCW 79.73.030.
Recodified as RCW 79.73.040.
Recodified as RCW 79.73.050.
Recodified as RCW 79.73.060.
79.08.015
79.08.015 Recodified as RCW 79.17.050. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.08.070
79.08.070 Recodified as RCW 79.17.030. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.08.080
79.08.080 Recodified as RCW 79.94.175. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
[2003 RCW Supp—page 937]
79.08.090
Title 79 RCW: Public Lands
79.08.090
79.08.090 Recodified as RCW 79.94.181. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.08.284
79.08.284 Recodified as RCW 79.73.060. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Chapter 79.10
79.08.100
79.08.100 Recodified as RCW 79.94.185. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Chapter 79.10 RCW
LAND MANAGEMENT AUTHORITIES
AND POLICIES
Sections
79.08.110
79.08.110 Recodified as RCW 79.11.220. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.08.120
79.08.120 Recodified as RCW 79.13.090. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.08.170
79.08.170 Recodified as RCW 79.02.090. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
PART 1
GENERAL PROVISIONS
79.10.010
79.10.020
79.10.030
79.10.040
79.10.050
79.10.060
79.10.070
79.10.080
79.10.090
79.08.180
79.08.180 Recodified as RCW 79.17.010. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
PART 2
MULTIPLE USE
79.10.100
79.10.110
79.10.120
79.08.190
79.08.190 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
79.08.200
79.08.200 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
79.08.250
79.08.250 Recodified as RCW 79.17.040. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.08.260
79.08.260 Recodified as RCW 79.90.458. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.08.275
79.08.275 Recodified as RCW 79.73.010. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Reports.
Department authority to accept land.
Management of acquired lands—Land acquired by escheat
suitable for park purposes.
Gifts of land for offices.
Gifts of county or city land for offices, warehouses, etc.—Use
of lands authorized.
Compliance with local ordinances, when.
Management of public lands within watershed area providing
water supply for city or town—Lake Whatcom municipal
watershed pilot project—Report—Exclusive method of condemnation by city or town for watershed purposes.
Classification of land after timber removed.
Economic analysis of state lands held in trust—Scope—Use.
79.10.125
79.10.130
79.10.140
79.10.200
79.10.210
79.10.220
79.10.240
79.10.250
79.10.280
Concept to be utilized, when.
"Multiple use" defined.
Multiple uses compatible with financial obligations of trust
management—Other uses permitted, when.
Land open to public for fishing, hunting, and nonconsumptive
wildlife activities.
Scope of department's authorized activities.
Outdoor recreation—Construction, operation, and maintenance of primitive facilities—Right of way and public
access—Use of state and federal outdoor recreation funds.
Multiple use land resource allocation plan—Adoption—Factors considered.
Public lands identified and withdrawn.
Conferring with other agencies.
Department's existing authority and powers preserved.
Existing withdrawals for state park and state game purposes
preserved.
Land use data bank—Contents, source.
PART 3
SUSTAINABLE HARVEST
79.10.300
79.10.310
79.10.320
79.10.330
79.10.340
Definitions.
"Sustained yield plans" defined.
Sustainable harvest program.
Arrearages—End of decade.
Sustainable harvest sale.
PART 4
COOPERATIVE FOREST MANAGEMENT AGREEMENTS
79.08.277
79.08.277 Recodified as RCW 79.73.020. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.08.279
79.08.279 Recodified as RCW 79.73.030. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.10.400
79.10.410
79.10.420
79.10.430
79.10.440
79.10.450
79.10.460
79.10.470
79.10.480
PART 1
GENERAL PROVISIONS
79.08.281
79.08.281 Recodified as RCW 79.73.040. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.08.283
79.08.283 Recodified as RCW 79.73.050. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
[2003 RCW Supp—page 938]
Cooperative agreements.
Cooperative units.
Limitations on agreements.
Easements—Life of agreements.
Sale agreements.
Minimum price.
Contracts—Requirements.
Transfer or assignment of contracts.
Performance bond—Cash deposit.
79.10.010
79.10.010 Reports. (1) It shall be the duty of the department to report, and recommend, to each session of the legislature, any changes in the law relating to the methods of handling the public lands of the state that the department may
deem advisable.
Land Management Authorities and Policies
(2) The department shall provide a comprehensive biennial report to reflect the previous fiscal period. The report
shall include, but not be limited to, descriptions of all department activities including: Revenues generated, program
costs, capital expenditures, personnel, special projects, new
and ongoing research, environmental controls, cooperative
projects, intergovernmental agreements, the adopted sustainable harvest compared to the sales program, and outlines of
ongoing litigation, recent court decisions, and orders on
major issues with the potential for state liability. The report
shall describe the status of the resources managed and the
recreational and commercial utilization. The report must be
delivered to the appropriate committees of the legislature and
made available to the public.
(3) The department shall provide annual reports to the
respective trust beneficiaries, including each county. The
report shall include, but not be limited to, the following:
Acres sold, acres harvested, volume from those acres, acres
planted, number of stems per acre, acres precommercially
thinned, acres commercially thinned, acres partially cut,
acres clear cut, age of final rotation for acres clear cut, and the
total number of acres off base for harvest and an explanation
of why those acres are off base for harvest. [2003 c 334 §
433; 1997 c 448 § 3; 1987 c 505 § 76; 1985 c 93 § 3; 1927 c
255 § 196; RRS § 7797-196. Prior: 1907 c 114 § 1; RRS §
7801. Formerly RCW 79.01.744, 43.12.150.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.10.070
(3) The department may review lands acquired by
escheat since January 1, 1983, for their suitability for park
purposes, and apply the evaluation and transfer procedures
authorized by subsection (2) of this section. [2003 c 334 §
398; 1993 c 49 § 1; 1984 c 222 § 13; 1927 c 255 § 154; RRS
§ 7797-154. Formerly RCW 79.01.612, 43.12.100.]
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1984 c 222: See RCW 79.66.900 and
79.66.901.
Real property distributed to state by probate court decree, jurisdiction of
commissioner of public lands over: RCW 11.08.220.
79.10.040
79.10.040 Gifts of land for offices. Any county, city or
town is authorized and empowered to convey to the state of
Washington any lands owned by such county, city or town
upon the selection of such lands by the department and the
department is hereby authorized to select and accept conveyances of lands from such counties, cities or towns, suitable
for use by the department as locations for offices, warehouses
and machinery storage buildings in the administration of the
forestry laws and lands of the state of Washington: PROVIDED, HOWEVER, No consideration shall be paid by the
state nor by the department for the conveyance of such lands
by such county, city or town. [1988 c 128 § 25; 1937 c 125 §
1; RRS § 5812-3c. FORMER PART OF SECTION: 1937 c
125 § 2 now codified as RCW 76.12.045. Formerly RCW
76.12.040.]
79.10.020
79.10.020 Department authority to accept land. The
department is hereby authorized, when in its judgment it
appears advisable, to accept on behalf of the state, any grant
of land within the state which shall then become a part of the
state forests. No grant may be accepted until the title has been
examined and approved by the attorney general of the state
and a report made to the board of natural resources of the
result of the examination. [1986 c 100 § 48. Formerly RCW
79.01.074.]
79.10.050
79.10.050 Gifts of county or city land for offices,
warehouses, etc.—Use of lands authorized. The department is authorized to use such lands for the purposes hereinbefore expressed and to improve said lands and build thereon
any necessary structures for the purposes hereinbefore
expressed and expend in so doing such funds as may be
authorized by law therefor. [1988 c 128 § 26; 1937 c 125 § 2;
RRS § 5812-3d. Formerly RCW 76.12.045, 76.12.040.]
79.10.060
79.10.030
79.10.030 Management of acquired lands—Land
acquired by escheat suitable for park purposes. (1)
Except as provided in subsection (2) of this section, the
department shall manage and control all lands acquired by
the state by escheat or under RCW 79.19.010 through
79.19.110 and all lands acquired by the state by deed of sale
or gift or by devise, except such lands which are conveyed or
devised to the state to be used for a particular purpose.
(2) When land is acquired by the state by escheat which
because of its location or features may be suitable for park
purposes, the department shall notify the state parks and recreation commission. The department and the commission
shall jointly evaluate the land for its suitability for park purposes, based upon the features of the land and the need for
park facilities in the vicinity. Where the department and
commission determine that such land is suitable for park purposes, it shall be offered for transfer to the commission, or, in
the event that the commission declines to accept the land, to
the local jurisdiction providing park facilities in that area.
When so offered, the payment required by the recipient
agency shall not exceed the costs incurred by the department
in managing and protecting the land since receipt by the state.
79.10.060 Compliance with local ordinances, when.
The department may comply with county or municipal zoning ordinances, laws, rules, or regulations affecting the use of
state lands under the jurisdiction of the department where
such regulations are consistent with the treatment of similar
private lands. [2003 c 334 § 544; 1971 ex.s. c 234 § 13. Formerly RCW 79.68.110.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.10.070
79.10.070 Management of public lands within watershed area providing water supply for city or town—Lake
Whatcom municipal watershed pilot project—Report—
Exclusive method of condemnation by city or town for
watershed purposes. (1) In the management of public lands
lying within the limits of any watershed over and through
which is derived the water supply of any city or town, the
department may alter its land management practices to provide water with qualities exceeding standards established for
intrastate and interstate waters by the department of ecology.
However, if such alterations of management by the department reduce revenues from, increase costs of management of,
or reduce the market value of public lands the city or town
[2003 RCW Supp—page 939]
79.10.080
Title 79 RCW: Public Lands
requesting such alterations shall fully compensate the department.
(2) The department shall initiate a pilot project for the
municipal watershed delineated by the Lake Whatcom hydrographic boundaries to determine what factors need to be considered to achieve water quality standards beyond those
required under chapter 90.48 RCW and what additional management actions can be taken on state trust lands that can contribute to such higher water quality standards. The department shall establish an advisory committee consisting of a
representative each of the city of Bellingham, Whatcom
county, the Whatcom county water district 10, the department of ecology, the department of fish and wildlife, and the
department of health, and three general citizen members to
assist in this pilot project. In the event of differences of opinion among the members of the advisory committee, the committee shall attempt to resolve these differences through various means, including the retention of facilitation or mediation services.
(3) The pilot project in subsection (2) of this section shall
be completed by June 30, 2000. The department shall defer
all timber sales in the Lake Whatcom hydrographic boundaries until the pilot project is complete.
(4) Upon completion of the study, the department shall
provide a report to the natural resources committee of the
house of representatives and to the natural resources, parks,
and recreation committee of the senate summarizing the
results of the study.
(5) The exclusive manner, notwithstanding any provisions of the law to the contrary, for any city or town to
acquire by condemnation ownership or rights in public lands
for watershed purposes within the limits of any watershed
over or through which is derived the water supply of any city
or town shall be to petition the legislature for such authority.
Nothing in RCW 79.44.003 and this chapter shall be construed to affect any existing rights held by third parties in the
lands applied for. [2003 c 334 § 332; 1999 c 257 § 1; 1971
ex.s. c 234 § 11; 1927 c 255 § 32; RRS § 7797-32. Prior:
1915 c 147 § 2; 1909 c 223 § 3; 1907 c 256 § 6; 1901 c 148 §
1; 1899 c 129 § 1; 1897 c 89 § 12; 1895 c 178 § 23. Formerly
RCW 79.01.128, 79.12.110.]
Intent—2003 c 334: See note following RCW 79.02.010.
Condemnation proceedings where state land involved: RCW 8.28.010.
Municipal corporation in adjoining state may condemn watershed property:
RCW 8.28.050.
79.10.080
79.10.080 Classification of land after timber
removed. When the merchantable timber has been sold and
actually removed from any state lands, the department may
classify the land, and may reserve from any future sale such
portions thereof as may be found suitable for reforestation,
and in such case, shall enter such reservation in its records.
All lands reserved shall not be subject to sale or lease. The
commissioner shall certify all such reservations for reforestation so made, to the board. It shall be the duty of the department to protect such lands, and the remaining timber thereon,
from fire and to reforest the same. [2003 c 334 § 340; 1959 c
257 § 16; 1927 c 255 § 41; RRS § 7797-41. Prior: 1915 c
147 § 2; 1909 c 223 § 3; 1907 c 256 § 6; 1901 c 148 § 1; 1899
c 129 § 1; 1897 c 89 § 12; 1895 c 178 § 23. Formerly RCW
79.01.164, 79.12.200.]
[2003 RCW Supp—page 940]
Intent—2003 c 334: See note following RCW 79.02.010.
Acquisition, management, and disposition of state forest lands: Chapter
79.22 RCW.
79.10.090
79.10.090 Economic analysis of state lands held in
trust—Scope—Use. Periodically at intervals to be determined by the board, the department shall cause an economic
analysis to be made of those state lands held in trust, where
the nature of the trust makes maximization of the economic
return to the beneficiaries of income from state lands the
prime objective. The analysis shall be by specific tracts, or
where such tracts are of similar economic characteristics, by
groupings of such tracts.
The most recently made analysis shall be considered by
the department in making decisions as to whether to sell or
lease state lands, standing timber or crops thereon, or minerals therein, including but not limited to oil and gas and other
hydrocarbons, rocks, gravel, and sand.
The economic analysis shall include, but shall not be
limited to the following criteria: (1) Present and potential
sale value; (2) present and probable future returns on the
investment of permanent state funds; (3) probable future
inflationary or deflationary trends; (4) present and probable
future income from leases or the sale of land products; and
(5) present and probable future tax income derivable therefrom specifically including additional state, local, and other
tax revenues from potential private development of land currently used primarily for grazing and other similar low priority use; such private development would include, but not be
limited to, development as irrigated agricultural land. [2003
c 334 § 320; 1969 ex.s. c 131 § 1. Formerly RCW
79.01.095.]
Intent—2003 c 334: See note following RCW 79.02.010.
PART 2
MULTIPLE USE
79.10.100
79.10.100 Concept to be utilized, when. The legislature hereby directs that a multiple use concept be utilized by
the department in the management and administration of
state-owned lands under the jurisdiction of the department
where such a concept is in the best interests of the state and
the general welfare of the citizens thereof, and is consistent
with the applicable trust provisions of the various lands
involved. [2003 c 334 § 534; 1971 ex.s. c 234 § 1. Formerly
RCW 79.68.010.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.10.110
79.10.110 "Multiple use" defined. "Multiple use" as
used in RCW 79.10.070, 79.44.003, and this chapter shall
mean the management and administration of state-owned
lands under the jurisdiction of the department to provide for
several uses simultaneously on a single tract and/or planned
rotation of one or more uses on and between specific portions
of the total ownership consistent with the provisions of RCW
79.10.100. [2003 c 334 § 535; 1971 ex.s. c 234 § 2. Formerly RCW 79.68.020.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.10.120
79.10.120 Multiple uses compatible with financial
obligations of trust management—Other uses permitted,
Land Management Authorities and Policies
79.10.140
79.10.130
when. Multiple uses additional to and compatible with those
basic activities necessary to fulfill the financial obligations of
trust management may include but are not limited to:
(1) Recreational areas;
(2) Recreational trails for both vehicular and nonvehicular uses;
(3) Special educational or scientific studies;
(4) Experimental programs by the various public agencies;
(5) Special events;
(6) Hunting and fishing and other sports activities;
(7) Nonconsumptive wildlife activities as defined by the
board of natural resources;
(8) Maintenance of scenic areas;
(9) Maintenance of historical sites;
(10) Municipal or other public watershed protection;
(11) Greenbelt areas;
(12) Public rights of way;
(13) Other uses or activities by public agencies;
If such additional uses are not compatible with the financial obligations in the management of trust land they may be
permitted only if there is compensation from such uses satisfying the financial obligations. [2003 c 182 § 2; 1971 ex.s. c
234 § 5. Formerly RCW 79.68.050.]
79.10.125
79.10.125 Land open to public for fishing, hunting,
and nonconsumptive wildlife activities. All state lands
hereafter leased for grazing or agricultural purposes shall be
open and available to the public for purposes of hunting and
fishing, and for nonconsumptive wildlife activities, as
defined by the board of natural resources, unless closed to
public entry because of fire hazard or unless the department
gives prior written approval and the area is lawfully posted by
lessee to prohibit hunting and fishing, and nonconsumptive
wildlife activities, thereon in order to prevent damage to
crops or other land cover, to improvements on the land, to
livestock, to the lessee, or to the general public, or closure is
necessary to avoid undue interference with carrying forward
a departmental or agency program. In the event any such
lands are so posted it shall be unlawful for any person to hunt
or fish, or pursue nonconsumptive wildlife activities, on any
such posted lands. Such lands shall not be open and available
for wildlife activities when access could endanger crops on
the land or when access could endanger the person accessing
the land.
The department shall insert the provisions of this section
in all new grazing and agricultural leases. [2003 c 334 § 371;
2003 c 182 § 1; 1979 ex.s. c 109 § 9; 1969 ex.s. c 46 § 1; 1959
c 257 § 29; 1947 c 171 § 1; 1927 c 255 § 61; RRS § 7797-61.
Prior: 1915 c 147 § 4; 1903 c 79 § 4; 1897 c 89 § 19; 1895 c
178 § 32. Formerly RCW 79.01.244, 79.12.430.]
Reviser's note: (1) This section does not apply to state tidelands, shorelands, harbor areas, and the beds of navigable waters. See RCW 79.02.095.
(2) This section was amended by 2003 c 182 § 1 and by 2003 c 334 §
371, each without reference to the other. Both amendments are incorporated
in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.10.130 Scope of department's authorized activities. The department is hereby authorized to carry out all
activities necessary to achieve the purposes of RCW
79.10.060, 79.10.070, 79.10.100 through 79.10.120,
79.10.130, 79.10.200 through 79.10.330, 79.44.003, and
79.90.456, including, but not limited to:
(1) Planning, construction, and operation of conservation, recreational sites, areas, roads, and trails, by itself or in
conjunction with any public agency;
(2) Planning, construction, and operation of special facilities for educational, scientific, conservation, or experimental
purposes by itself or in conjunction with any other public or
private agency;
(3) Improvement of any lands to achieve the purposes of
RCW 79.10.060, 79.10.070, 79.10.100 through 79.10.120,
79.10.130, 79.10.200 through 79.10.330, 79.44.003, and
79.90.456;
(4) Cooperation with public and private agencies in the
utilization of such lands for watershed purposes;
(5) The authority to make such leases, contracts, agreements, or other arrangements as are necessary to accomplish
the purposes of RCW 79.10.060, 79.10.070, 79.10.100
through 79.10.120, 79.10.130, 79.10.200 through 79.10.330,
79.44.003, and 79.90.456. However, nothing in this section
shall affect any existing requirements for public bidding or
auction with private agencies or parties, except that agreements or other arrangements may be made with public
schools, colleges, universities, governmental agencies, and
nonprofit scientific and educational associations. [2003 c
334 § 540; 1987 c 472 § 12; 1971 ex.s. c 234 § 7. Formerly
RCW 79.68.070.]
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1987 c 472: See RCW 79.71.900.
79.10.140
79.10.140 Outdoor recreation—Construction, operation, and maintenance of primitive facilities—Right of
way and public access—Use of state and federal outdoor
recreation funds. The department is authorized:
(1) To construct, operate, and maintain primitive outdoor
recreation and conservation facilities on lands under its jurisdiction which are of primitive character when deemed necessary by the department to achieve maximum effective development of such lands and resources consistent with the purposes for which the lands are held. This authority shall be
exercised only after review by the interagency committee for
outdoor recreation and determination by the committee that
the department is the most appropriate agency to undertake
such construction, operation, and maintenance. Such review
is not required for campgrounds designated and prepared or
approved by the department;
(2) To acquire right of way and develop public access to
lands under the jurisdiction of the department and suitable for
public outdoor recreation and conservation purposes;
(3) To receive and expend funds from federal and state
outdoor recreation funding measures for the purposes of this
section and RCW 79A.50.110. [2003 c 334 § 122; 1987 c
472 § 13; 1986 c 100 § 51; 1967 ex.s. c 64 § 1. Formerly
RCW 43.30.300.]
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1987 c 472: See RCW 79.71.900.
[2003 RCW Supp—page 941]
79.10.200
Title 79 RCW: Public Lands
Construction—1967 ex.s. c 64: "Nothing in this act shall be construed
as affecting the jurisdiction or responsibility of any other state or local governmental agency, except as provided in section 1 of this act." [1967 ex.s. c
64 § 4.]
Severability—1967 ex.s. c 64: "If any provision of sections 1 through
4 of this act, or its application to any person or circumstances is held invalid,
the remainder of the act, or the application of the provision to other persons
or circumstances is not affected." [1967 ex.s. c 64 § 3.]
Exchange of lands to secure private lands for parks and recreation purposes: RCW 79A.50.110.
Interagency committee for outdoor recreation: Chapter 79A.25 RCW.
79.10.240
79.10.240 Department's existing authority and powers preserved. Nothing in RCW 79.10.060, 79.10.070,
79.10.100 through 79.10.120, 79.10.130, 79.10.200 through
79.10.330, 79.44.003, and 79.90.456 shall be construed to
affect or repeal any existing authority or powers of the
department in the management or administration of the lands
under its jurisdiction. [2003 c 334 § 546; 1971 ex.s. c 234 §
12. Formerly RCW 79.68.900.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.10.250
79.10.200
79.10.200 Multiple use land resource allocation
plan—Adoption—Factors considered. The department
may adopt a multiple use land resource allocation plan for all
or portions of the lands under its jurisdiction providing for the
identification and establishment of areas of land uses and
identifying those uses which are best suited to achieve the
purposes of RCW 79.10.060, 79.10.070, 79.10.100 through
79.10.120, 79.10.130, 79.10.200 through 79.10.330,
79.44.003, and 79.90.456. Such plans shall take into consideration the various ecological conditions, elevations, soils,
natural features, vegetative cover, climate, geographical location, values, public use potential, accessibility, economic
uses, recreational potentials, local and regional land use plans
or zones, local, regional, state, and federal comprehensive
land use plans or studies, and all other factors necessary to
achieve the purposes of RCW 79.10.060, 79.10.070,
79.10.100 through 79.10.120, 79.10.130, 79.10.200 through
79.10.330, 79.44.003, and 79.90.456. [2003 c 334 § 542;
1971 ex.s. c 234 § 9. Formerly RCW 79.68.090.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.10.210
79.10.210 Public lands identified and withdrawn.
For the purpose of providing increased continuity in the management of public lands and of facilitating long range planning by interested agencies, the department is authorized to
identify and to withdraw from all conflicting uses at such
times and for such periods as it shall determine appropriate,
limited acreages of public lands under its jurisdiction. Acreages so withdrawn shall be maintained for the benefit of the
public and, in particular, of the public schools, colleges, and
universities, as areas in which may be observed, studied,
enjoyed, or otherwise utilized the natural ecological systems
thereon, whether such systems be unique or typical to the
state of Washington. Nothing herein is intended to or shall
modify the department's obligation to manage the land under
its jurisdiction in the best interests of the beneficiaries of
granted trust lands. [2003 c 334 § 539; 1971 ex.s. c 234 § 6.
Formerly RCW 79.68.060.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.10.220
79.10.220 Conferring with other agencies. The
department may confer with other public and private agencies to facilitate the formulation of policies and/or plans providing for multiple use concepts. The department is empowered to hold public hearings from time to time to assist in
achieving the purposes of RCW 79.10.060, 79.10.070,
79.10.100 through 79.10.120, 79.10.130, 79.10.200 through
79.10.330, 79.44.003, and 79.90.456. [2003 c 334 § 543;
1971 ex.s. c 234 § 10. Formerly RCW 79.68.100.]
Intent—2003 c 334: See note following RCW 79.02.010.
[2003 RCW Supp—page 942]
79.10.250 Existing withdrawals for state park and
state game purposes preserved. Nothing in RCW
79.10.060, 79.10.070, 79.10.100 through 79.10.120,
79.10.130, 79.10.200 through 79.10.330, 79.44.003, and
79.90.456 shall be construed to affect, amend, or repeal any
existing withdrawal of public lands for state park or state
game purposes. [2003 c 334 § 547; 1971 ex.s. c 234 § 15.
Formerly RCW 79.68.910.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.10.280
79.10.280 Land use data bank—Contents, source.
(1) The department shall design expansion of its land use data
bank to include additional information that will assist in the
formulation, evaluation, and updating of intermediate and
long-range goals and policies for land use, population growth
and distribution, urban expansion, open space, resource preservation and utilization, and other factors which shape statewide development patterns and significantly influence the
quality of the state's environment. The system shall be
designed to permit inclusion of other lands in the state and
will do so as financing and time permit.
(2) Such data bank shall contain any information relevant to the future growth of agriculture, forestry, industry,
business, residential communities, and recreation; the wise
use of land and other natural resources which are in accordance with their character and adaptability; the conservation
and protection of the soil, air, water, and forest resources; the
protection of the beauty of the landscape; and the promotion
of the efficient and economical uses of public resources.
The information shall be assembled from all possible
sources, including but not limited to, the federal government
and its agencies, all state agencies, all political subdivisions
of the state, all state operated universities and colleges, and
any source in the private sector. All state agencies, all political subdivisions of the state, and all state universities and colleges are directed to cooperate to the fullest extent in the collection of data in their possession. Information shall be collected on all areas of the state but collection may emphasize
one region at a time.
(3) The data bank shall make maximum use of computerized or other advanced data storage and retrieval methods.
The department is authorized to engage consultants in data
processing to ensure that the data bank will be as complete
and efficient as possible.
(4) The data shall be made available for use by any governmental agency, research organization, university or college, private organization, or private person as a tool to evaluate the range of alternatives in land and resource planning in
the state. [2003 c 334 § 545; 1971 ex.s. c 234 § 16. Formerly
RCW 79.68.120.]
Land Management Authorities and Policies
Intent—2003 c 334: See note following RCW 79.02.010.
PART 3
SUSTAINABLE HARVEST
79.10.420
Intent—2003 c 334: See note following RCW 79.02.010.
Legislative findings—1987 c 159: See note following RCW
79.68.035.
79.10.330
79.10.300
79.10.300 Definitions. Unless the context clearly
requires otherwise the definitions in this section apply
throughout RCW 79.10.310, 79.10.320, and 79.10.330.
(1) "Arrearage" means the summation of the annual sustainable harvest timber volume since July 1, 1979, less the
sum of state timber sales contract default volume and the
state timber sales volume deficit since July 1, 1979.
(2) "Default" means the volume of timber remaining
when a contractor fails to meet the terms of the sales contract
on the completion date of the contract or any extension
thereof and timber returned to the state under *RCW
79.01.1335.
(3) "Deficit" means the summation of the difference
between the department's annual planned sales program volume and the actual timber volume sold.
(4) "Planning decade" means the ten-year period covered
in the forest land management plan adopted by the board.
(5) "Sustainable harvest level" means the volume of timber scheduled for sale from state-owned lands during a planning decade as calculated by the department and approved by
the board. [2003 c 334 § 537; 1987 c 159 § 2. Formerly
RCW 79.68.035.]
*Reviser's note: RCW 79.01.1335 expired December 31, 1984.
79.10.330 Arrearages—End of decade. If an arrearage exists at the end of any planning decade, the department
shall conduct an analysis of alternatives to determine the
course of action regarding the arrearage which provides the
greatest return to the trusts based upon economic conditions
then existing and forecast, as well as impacts on the environment of harvesting the additional timber. The department
shall offer for sale the arrearage in addition to the sustainable
harvest level adopted by the board of natural resources for the
next planning decade if the analysis determined doing so will
provide the greatest return to the trusts. [1987 c 159 § 4. Formerly RCW 79.68.045.]
Legislative findings—1987 c 159: See note following RCW
79.68.035.
79.10.340
79.10.340 Sustainable harvest sale. The board of natural resources shall offer for sale the sustainable harvest as
identified in the 1984-1993 forest land management program,
or as subsequently revised. In the event that decisions made
by entities other than the department cause a decrease in the
sustainable harvest the department shall offer additional timber sales from state-managed lands. [1989 c 424 § 9. Formerly RCW 43.30.390.]
Effective date—1989 c 424: See note following RCW 76.12.210.
Intent—2003 c 334: See note following RCW 79.02.010.
Legislative findings—1987 c 159: "Adequately funding construction
of the state's educational facilities represents one of the highest priority uses
of state-owned lands. Many existing facilities need replacement and many
additional facilities will be needed by the year 2000 to house students entering the educational system. The sale of timber from state-owned lands plays
a key role in supporting the construction of school facilities. Currently and
in the future, demands for school construction funds are expected to exceed
available revenues.
The department of natural resources sells timber on a sustained yield
basis. Since 1980, purchasers defaulted on sales contracts affecting over one
billion one hundred million board feet of timber. Between 1981 and 1983,
the department sold six hundred million board feet of timber less than the
sustainable harvest level. As a consequence of the two actions, the department entered their 1984-1993 planning decade with a timber sale arrearage
which could be sold without adversely affecting the continued productivity
of the state-owned forests." [1987 c 159 § 1.]
PART 4
COOPERATIVE FOREST
MANAGEMENT AGREEMENTS
79.10.400
79.10.400 Cooperative agreements. The department
with regard to state forest lands and state lands is hereby
authorized to enter into cooperative agreements with the
United States of America, Indian tribes, and private owners
of timber land providing for coordinated forest management,
including time, rate, and method of cutting timber and
method of silvicultural practice on a sustained yield unit.
[2003 c 334 § 510; 1988 c 128 § 67; 1941 c 123 § 1; 1939 c
130 § 1; Rem. Supp. 1941 § 7879-11. Formerly RCW
79.60.010, 79.52.070.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.10.310
79.10.310 "Sustained yield plans" defined. "Sustained yield plans" as used in RCW 79.10.070, 79.44.003,
and this chapter shall mean management of the forest to provide harvesting on a continuing basis without major prolonged curtailment or cessation of harvest. [2003 c 334 §
536; 1971 ex.s. c 234 § 3. Formerly RCW 79.68.030.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.10.320
79.10.320 Sustainable harvest program. The department shall manage the state-owned lands under its jurisdiction which are primarily valuable for the purpose of growing
forest crops on a sustained yield basis insofar as compatible
with other statutory directives. To this end, the department
shall periodically adjust the acreages designated for inclusion
in the sustained yield management program and calculate a
sustainable harvest level. [2003 c 334 § 538; 1987 c 159 § 3;
1971 ex.s. c 234 § 4. Formerly RCW 79.68.040.]
79.10.410
79.10.410 Cooperative units. The department is
hereby authorized and directed to determine, define, and
declare informally the establishment of a sustained yield unit,
comprising the land area to be covered by any such cooperative agreement and include therein such other lands as may be
later acquired by the department and included under the
cooperative agreement. [2003 c 334 § 511; 1988 c 128 § 68;
1939 c 130 § 2; RRS § 7879-12. Formerly RCW 79.60.020,
79.52.080.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.10.420
79.10.420 Limitations on agreements. The department shall agree that the cutting from combined national forest lands, state forest lands, and state lands will be limited to
the sustained yield capacity of these lands in the management
unit as determined by the contracting parties and approved by
[2003 RCW Supp—page 943]
79.10.430
Title 79 RCW: Public Lands
the board for state forest lands and by the department for state
lands. Cooperation with the private contracting party or parties shall be contingent on limitation of production to a specified amount as determined by the contracting parties and
approved by the board for state forest lands and by the department for state lands and shall comply with the other conditions and requirements of such cooperative agreement. [2003
c 334 § 512; 1988 c 128 § 69; 1939 c 130 § 3; RRS § 787913. Formerly RCW 79.60.030, 79.52.090.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.10.430
79.10.430 Easements—Life of agreements. The private contracting party or parties shall enjoy the right of easement over state forest lands and state lands included under
said cooperative agreement for railway, road, and other uses
necessary to the carrying out of the agreement. This easement shall be only for the life of the cooperative agreement
and shall be granted without charge with the provision that
payment shall be made for all merchantable timber cut,
removed, or damaged in the use of such easement, payment
to be based on the contract stumpage price for timber of like
value and species and to be made within thirty days from date
of cutting, removal, and/or damage of such timber and
appraisal thereof by the department. [2003 c 334 § 513; 1988
c 128 § 70; 1941 c 123 § 2; Rem. Supp. 1941 § 7879-13a.
Formerly RCW 79.60.040, 79.52.110.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.10.440
79.10.440 Sale agreements. During the period when
any such cooperative agreement is in effect, the timber on the
state forest lands and state lands which the department determines shall be included in the sustained yield unit may, from
time to time, be sold at not less than its appraised value as
approved by the department for state lands and the board for
state forest lands, due consideration being given to existing
forest conditions on all lands included in the cooperative
management unit and such sales may be made in the discretion of the department and the contracting party or parties in
the cooperative sustained yield agreement. These sale agreements shall contain such provisions as are necessary to effectually permit the department to carry out the purpose of this
section and in other ways afford adequate protection to the
public interests involved. [2003 c 334 § 514; 1988 c 128 §
71; 1939 c 130 § 4; RRS § 7879-14. Formerly RCW
79.60.050, 79.52.100.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.10.450
79.10.450 Minimum price. The sale of timber upon
state forest land and state land within such sustained yield
unit or units shall be made for not less than the appraised
value thereof as heretofore provided for the sale of timber on
state lands. However, if in the judgment of the department, it
is to the best interests of the state to do so, the timber or any
such sustained yield unit or units may be sold on a stumpage
or scale basis for a price per thousand not less than the
appraised value thereof. The department shall reserve the
right to reject any and all bids if the intent of this chapter will
not be carried out. Permanency of local communities and
industries, prospects of fulfillment of contract requirements,
and financial position of the bidder shall all be factors
[2003 RCW Supp—page 944]
included in this decision. [2003 c 334 § 515; 1988 c 128 § 72;
1939 c 130 § 5; RRS § 7879-15. Formerly RCW 79.60.060,
79.52.040.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.10.460
79.10.460 Contracts—Requirements. A written contract shall be entered into with the successful bidder which
shall fix the time when logging operations shall be commenced and concluded and require monthly payments for
timber removed as soon as scale sheets have been tabulated
and the amount of timber removed during the month determined, or require payments monthly in advance at the discretion of the board or the department. The board and the
department shall designate the price per thousand to be paid
for each species of timber and shall provide for supervision of
logging operations, the methods of scaling and report, and
shall require the purchaser to comply with all laws of the state
of Washington with respect to fire protection and logging
operation of the timber purchased; and shall contain such
other provisions as may be deemed advisable. [2003 c 334 §
516; 1939 c 130 § 6; RRS § 7879-16. Formerly RCW
79.60.070, 79.52.050, part.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.10.470
79.10.470 Transfer or assignment of contracts. No
transfer or assignment by the purchaser shall be valid unless
the transferee or assignee is acceptable to the department and
the transfer or assignment approved by it in writing. [2003 c
334 § 517; 1988 c 128 § 73; 1941 c 123 § 3; Rem. Supp. 1941
§ 7879-16a. Formerly RCW 79.60.080, 79.52.120.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.10.480
79.10.480 Performance bond—Cash deposit. The
purchaser shall, at the time of executing the contract, deliver
a performance bond or sureties acceptable in regard to terms
and amount to the department, but such performance bond or
sureties shall not exceed ten percent of the estimated value of
the timber purchased computed at the stumpage price and at
no time shall exceed a total of fifty thousand dollars. The
purchaser shall also be required to make a cash deposit equal
to twenty percent of the estimated value of the timber purchased, computed at the stumpage bid. Upon failure of the
purchaser to comply with the terms of the contract, the performance bond or sureties may be forfeited to the state upon
order of the department.
At no time shall the amount due the state for timber actually cut and removed exceed the amount of the deposit as set
forth in this section. The amount of the deposit shall be
returned to the purchaser upon completion and full compliance with the contract by the purchaser, or it may, at the discretion of the purchaser, be applied on final payment on the
contract. [2003 c 334 § 518; 1988 c 128 § 74; 1941 c 123 §
4; 1939 c 130 § 7; Rem. Supp. 1941 § 7879-17. Formerly
RCW 79.60.090, 79.52.060.]
Intent—2003 c 334: See note following RCW 79.02.010.
Chapter 79.11
Sections
Chapter 79.11 RCW
STATE LAND SALES
State Land Sales
PART 1
SALE PROCEDURES
79.11.005
79.11.010
79.11.020
79.11.030
79.11.040
79.11.060
79.11.070
79.11.080
79.11.090
79.11.090
79.11.100
79.11.110
79.11.120
79.11.120
79.11.130
79.11.140
79.11.150
79.11.160
79.11.165
79.11.175
79.11.190
79.11.200
79.11.210
79.11.220
Sale of administrative sites.
Maximum and minimum acreage subject to sale—Exception—Approval by legislature or regents.
Powers/duties of department.
Terms of sale.
Who may purchase—Application—Fees.
Entire section may be inspected.
Survey to determine area subject to sale.
Inspection and appraisal.
Sales by public auction—Appraised value (as amended by
2003 c 334).
Sale procedure—Sales at auction or by sealed bid—Minimum
price—Exception as to minor sale of valuable materials at
auction (as amended by 2003 c 381).
Date of sale limited by time of appraisal.
Separate appraisal of improvements.
Sale procedure—Fixing date, place, and time of sale (as
amended by 2003 c 334).
Sale procedure—Fixing date, place, and time of sale—
Notice—Publication and posting—Advertisement for informational purposes only—Direct sale to applicant without
notice, when (as amended by 2003 c 381).
Notice—Pamphlet—List of lands to be sold—Certain valuable materials exempt.
Additional advertising.
Conduct of sales.
Deposit by purchaser to cover value of improvements.
Reoffer.
Confirmation of sale.
Readvertisement of lands not sold.
Form of contract—Rate of interest.
Reservation in contract.
Relinquishment to United States, in certain cases of reserved
mineral rights.
PART 2
PLATTING
79.11.030
79.11.010
79.11.010 Maximum and minimum acreage subject
to sale—Exception—Approval by legislature or regents.
(1) Not more than one hundred and sixty acres of any land
granted to the state by the United States shall be offered for
sale in one parcel and no university lands shall be offered for
sale except by legislative directive or with the consent of the
board of regents of the University of Washington.
(2) Any land granted to the state by the United States
may be sold for any lawful purpose in such minimum acreage
as may be fixed by the department. [2003 c 334 § 321; 1982
c 54 § 1; 1979 ex.s. c 109 § 4; 1971 ex.s. c 200 § 1; 1970 ex.s.
c 46 § 1; 1967 ex.s. c 78 § 1; 1959 c 257 § 5; 1955 c 394 § 1;
1927 c 255 § 24; RRS § 7797-24. Prior: 1915 c 147 § 15;
1909 p 256 § 4; 1907 c 256 § 5; 1903 c 91 § 3; 1897 c 89 §
11. Formerly RCW 79.01.096, 79.12.030.]
Reviser's note: This section does not apply to state tidelands, shorelands, harbor areas, and the beds of navigable waters. See RCW 79.02.095.
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
Severability—1971 ex.s. c 200: "If any provision of this 1971 amendatory act, or its application to any person or circumstances is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 200 § 6.]
Public lands, funds for support of common school fund: State Constitution
Art. 9 § 3.
School and granted lands: State Constitution Art. 16.
University of Washington: Chapter 28B.20 RCW.
79.11.020
79.11.250
79.11.260
79.11.270
Lands subject to platting.
Vacation—Vested rights.
Vacation—Preference right to purchase.
PART 3
OTHER SALE PROVISIONS
79.11.290
79.11.310
79.11.320
79.11.340
Leased lands reserved from sale.
Sale of lands with low-income potential.
Assessments added to purchase price.
Sale of acquired lands.
PART 1
SALE PROCEDURES
79.11.005
79.11.005 Sale of administrative sites. (1) The department is authorized to sell any real property not designated or
acquired as state forest lands, but acquired by the state, either
in the name of the forest board, the forestry board, or the division of forestry, for administrative sites, lien foreclosures, or
other purposes whenever it shall determine that the lands are
no longer or not necessary for public use.
(2) The sale may be made after public notice to the highest bidder for such a price as approved by the governor, but
not less than the fair market value of the real property, plus
the value of improvements thereon. Any instruments necessary to convey title must be executed by the governor in a
form approved by the attorney general.
(3) All amounts received from the sale must be credited
to the fund of the department of government that is responsible for the acquisition and maintenance of the property sold.
[2003 c 334 § 201; 1988 c 128 § 12; 1955 c 121 § 1. Formerly RCW 76.01.010.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.11.020 Powers/duties of department. The department shall exercise general supervision and control over the
sale for any purpose of land granted to the state for educational purposes. It shall be the duty of the department to prepare all reports, data, and information in its records pertaining to any such proposed sale. The department shall have
power, if it deems it advisable, to order that any particular
sale of such land be held in abeyance pending further inspection and report. The department may cause such further
inspection and report of land involved in any proposed sale to
be made and for that purpose shall have power to employ its
own inspectors, cruisers, and other technical assistants. Upon
the basis of such further inspection and report the department
shall determine whether or not, and the terms upon which, the
proposed sale shall be consummated. [2003 c 334 § 318;
1988 c 128 § 54; 1941 c 217 § 3; Rem. Supp. 1941 § 779723A. Formerly RCW 79.01.094, 43.65.060.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.11.030
79.11.030 Terms of sale. All state lands shall be sold
on terms and conditions established by the board in light of
market conditions. Sales by real estate contract or for cash
may be authorized. All deferred payments shall draw interest
at such rate as may be fixed, from time to time, by rule
adopted by the board, and the rate of interest, as so fixed at
the date of each sale, shall be stated in all advertising for and
notice of sale and in the contract of sale. All remittances for
payment of either principal or interest shall be forwarded to
the department. [2003 c 334 § 359; 1984 c 222 § 11; 1982 1st
ex.s. c 21 § 159; 1969 ex.s. c 267 § 1; 1959 c 257 § 24; 1927
c 255 § 54; RRS § 7797-54. Prior: 1917 c 149 § 1; 1915 c
[2003 RCW Supp—page 945]
79.11.040
Title 79 RCW: Public Lands
147 § 3; 1907 c 256 § 3; 1897 c 89 § 16; 1895 c 178 §§ 25,
29. Formerly RCW 79.01.216, 79.12.380.]
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1984 c 222: See RCW 79.66.900 and
79.66.901.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
1; 1927 c 255 § 23; Rem. Supp. 1941 § 7797-23. Prior: 1909
c 223 § 2; 1907 c 256 § 5; 1903 c 74 § 1; 1897 c 89 § 11; 1895
c 178 §§ 17, 18. Formerly RCW 79.01.092, 79.12.020.]
Reviser's note: This section does not apply to state tidelands, shorelands, harbor areas, and the beds of navigable waters. See RCW 79.02.095.
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.11.040
79.11.040 Who may purchase—Application—Fees.
Any person desiring to purchase any state lands shall file an
application on the forms provided by the department and
accompanied by the fees authorized under RCW 79.02.250.
[2003 c 334 § 311; 1982 1st ex.s. c 21 § 151; 1979 ex.s. c 109
§ 2; 1967 c 163 § 4; 1959 c 257 § 3; 1927 c 255 § 22; RRS §
7797-22. Prior: 1909 c 223 § 2; 1907 c 256 § 5; 1903 c 74 §
1; 1897 c 89 § 11; 1895 c 178 §§ 17, 18. Formerly RCW
79.01.088, 79.12.010.]
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.11.060
79.11.060 Entire section may be inspected. Whenever
application is made to purchase less than a section of unplatted state lands, the department may order the inspection of
the entire section or sections of which the lands applied for
form a part. [2003 c 334 § 327; 1959 c 257 § 9; 1927 c 255 §
28; RRS § 7797-28. Prior: 1909 c 223 § 2. Formerly RCW
79.01.112, 79.12.070.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.11.070
79.11.070 Survey to determine area subject to sale.
The department may cause any state lands to be surveyed for
the purpose of ascertaining and determining the area subject
to sale. [2003 c 334 § 330; 1982 1st ex.s. c 21 § 153; 1959 c
257 § 11; 1927 c 255 § 30; RRS § 7797-30. Prior: 1909 c
223 § 2; 1907 c 256 § 5; 1903 c 74 § 1; 1897 c 89 § 11; 1895
c 178 §§ 17, 18. Formerly RCW 79.01.120, 79.12.090.]
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
79.11.080
79.11.080 Inspection and appraisal. When in the
judgment of the department, there is sufficient interest for the
appraisement and sale of state lands, the department shall
cause each tract of land to be inspected as to its topography,
development potential, forestry, agricultural, and grazing
qualities, coal, mineral, stone, gravel, or other valuable material, the distance from any city or town, railroad, river, irrigation canal, ditch, or other waterway, and location of utilities.
In case of an application to purchase land granted to the state
for educational purposes, the department shall submit a report
to the board, which board shall fix the value per acre of each
lot, block, subdivision, or tract proposed to be sold in one parcel, which value shall be not less than ten dollars per acre. In
case of applications to purchase state lands, other than lands
granted to the state for educational purposes and capitol
building lands, the department shall appraise and fix the
value thereof. [2003 c 334 § 314; 1979 ex.s. c 109 § 3; 1967
ex.s. c 78 § 3; 1959 c 257 § 4; 1941 c 217 § 2; 1935 c 136 §
[2003 RCW Supp—page 946]
79.11.090
79.11.090 Sales by public auction—Appraised value (as amended
by 2003 c 334). Except as provided in RCW 79.11.340, all sales of land
under this chapter shall be at public auction, ((and all sales of valuable materials shall be at public auction or by sealed bid)) to the highest bidder, on the
terms prescribed by law and as specified in the notice provided under RCW
79.11.120, and no land ((or materials)) shall be sold for less than its
appraised value((: PROVIDED, That on public lands granted to the state for
educational purposes sealed bids may be accepted for sales of timber or stone
only: PROVIDED FURTHER, That when valuable material has been
appraised at an amount not exceeding one hundred thousand dollars, the
department of natural resources, when authorized by the board of natural
resources, may arrange for the sale at public auction of said valuable material
and for its removal under such terms and conditions as the department may
prescribe, after the department shall have caused to be published not less
than ten days prior to sale a notice of such sale in a newspaper of general circulation located nearest to property to be sold. This section does not apply
to direct sales authorized in RCW 79.01.184)). [2003 c 334 § 352; 1989 c
148 § 3; 1988 c 136 § 1; 1979 c 54 § 2; 1975 1st ex.s. c 45 § 1; 1971 ex.s. c
123 § 3; 1969 ex.s. c 14 § 4; 1961 c 73 § 3; 1959 c 257 § 21; 1933 c 66 § 1;
1927 c 255 § 50; RRS § 7797-50. Prior: 1923 c 19 § 1; 1913 c 36 § 1; 1909
c 223 § 4; 1907 c 152 § 1; 1897 c 89 § 14; 1895 c 178 § 28. Formerly RCW
79.01.200, 79.12.340.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.11.090
79.11.090 Sale procedure—Sales at auction or by sealed bid—
Minimum price—Exception as to minor sale of valuable materials at
auction (as amended by 2003 c 381). All sales of land shall be at public auction, and all sales of valuable materials shall be at public auction or by sealed
bid to the highest bidder, on the terms prescribed by law and as specified in
the notice provided, and no land or materials shall be sold for less than its
appraised value: PROVIDED, That on public lands granted to the state for
educational purposes sealed bids may be accepted for sales of timber or stone
only: PROVIDED FURTHER, That when valuable material has been
appraised at an amount not exceeding ((one)) two hundred fifty thousand
dollars, the department of natural resources, when authorized by the board of
natural resources, may arrange for the sale at public auction of said valuable
material and for its removal under such terms and conditions as the department may prescribe, after the department shall have caused to be published
not less than ten days prior to sale a notice of such sale in a newspaper of
general circulation located nearest to property to be sold. In addition, the
commissioner of public lands may seek additional means of publishing the
information, such as on the internet, to increase the number of prospective
buyers. This section does not apply to direct sales authorized in *RCW
79.01.184. [2003 c 381 § 3; 1989 c 148 § 3; 1988 c 136 § 1; 1979 c 54 § 2;
1975 1st ex.s. c 45 § 1; 1971 ex.s. c 123 § 3; 1969 ex.s. c 14 § 4; 1961 c 73 §
3; 1959 c 257 § 21; 1933 c 66 § 1; 1927 c 255 § 50; RRS § 7797-50. Prior:
1923 c 19 § 1; 1913 c 36 § 1; 1909 c 223 § 4; 1907 c 152 § 1; 1897 c 89 § 14;
1895 c 178 § 28. Formerly RCW 79.01.200, 79.12.340.]
Reviser's note: *(1) RCW 79.01.184 was recodified as RCW 79.11.120
by 2003 c 334 § 556.
(2) RCW 79.11.090 was amended twice during the 2003 legislative
session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
79.11.100
79.11.100 Date of sale limited by time of appraisal. In
no case shall any lands granted to the state be offered for sale
under this chapter unless the same shall have been appraised
by the board within ninety days prior to the date fixed for the
sale. [2003 c 334 § 328; 2001 c 250 § 2; 1982 1st ex.s. c 21
§ 152; 1959 c 257 § 10; 1935 c 55 § 1 (adding section 29 to
State Land Sales
79.11.130
79.11.120
1927 c 255 in lieu of original section 29 which was vetoed);
RRS § 7797-29. Prior: 1909 c 223 § 2. Formerly RCW
79.01.116, 79.12.080.]
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
79.11.110
79.11.110 Separate appraisal of improvements.
Before any state lands are offered for sale, the department
may establish the fair market value of those authorized
improvements not owned by the state. [2003 c 334 § 336;
1979 ex.s. c 109 § 5; 1959 c 257 § 14; 1927 c 255 § 34; RRS
§ 7797-34. Prior: 1915 c 147 § 2; 1909 c 223 § 3; 1907 c 256
§ 6; 1901 c 148 § 1; 1899 c 129 § 1; 1897 c 89 § 12; 1895 c
178 § 23. Formerly RCW 79.01.136, 79.12.130.]
Reviser's note: This section does not apply to state tidelands, shorelands, harbor areas, and the beds of navigable waters. See RCW 79.02.095.
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.11.120
79.11.120 Sale procedure—Fixing date, place, and time of sale (as
amended by 2003 c 334). When the department ((of natural resources shall
have decided)) decides to sell any state lands ((or valuable materials
thereon)), or with the consent of the board of regents of the University of
Washington, or by legislative directive, ((shall have decided)) decides to sell
any lot, block, tract, or tracts of university lands, ((or the valuable materials
thereon,)) it ((shall be)) is the duty of the department to fix the date, place,
and time of sale((, and no sale shall be had on any day which is a legal holiday)).
((The department shall give notice of the sale by advertisement published not less than two times during a four week period prior to the time of
sale in at least one newspaper of general circulation in the county in which
the whole, or any part of any lot, block, or tract of land to be sold, or the
material upon which is to be sold is situated, and by posting a copy of the
notice in a conspicuous place in the department's Olympia office, the region
headquarters administering such sale, and in the office of the county auditor
of such county. The notice shall specify the place, date, and time of sale, the
appraised value thereof, and describe with particularity each parcel of land to
be sold, or from which valuable materials are to be sold. In the case of valuable materials sales, the estimated volume will be identified and the terms of
sale will be available in the region headquarters and the department's Olympia office.
The advertisement is for informational purposes only, and under no
circumstances does the information in the notice of sale constitute a warranty
that the purchaser will receive the stated values, volumes, or acreage. All
purchasers are expected to make their own measurements, evaluations, and
appraisals.
A direct sale of valuable materials may be sold to the applicant for cash
at full appraised value without notice or advertising. The board of natural
resources shall, by resolution, establish the value amount of a direct sale not
to exceed twenty thousand dollars in appraised sale value, and establish procedures to ensure that competitive market prices and accountability will be
guaranteed.))
(1) No sale may be conducted on any day that is a legal holiday.
(2) Sales must be held between the hours of 10:00 a.m. and 4:00 p.m.
If all sales cannot be offered within this time period, the sale must continue
on the following day between the hours of 10:00 a.m. and 4:00 p.m.
(3) Sales must take place:
(a) At the department's regional office administering the respective
sale; or
(b) On county property designated by the board of county commissioners or county legislative authority of the county in which the whole or majority of state lands are situated. [2003 c 334 § 344; 2001 c 250 § 6; 1997 c 116
§ 2; 1989 c 148 § 2; 1988 c 136 § 3; 1983 c 2 § 17. Prior: 1982 1st ex.s. c
21 § 156; 1982 c 27 § 1; 1971 ex.s. c 123 § 2; 1969 ex.s. c 14 § 3; 1959 c 257
§ 18; 1927 c 255 § 46; RRS § 7797-46; prior: 1923 c 19 § 1; 1913 c 36 § 1;
1909 c 223 § 4; 1907 c 152 § 1; 1897 c 89 § 14; 1895 c 178 § 28. Formerly
RCW 79.01.184, 79.12.300.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.11.120 Sale procedure—Fixing date, place, and time of sale—
Notice—Publication and posting—Advertisement for informational
purposes only—Direct sale to applicant without notice, when (as
amended by 2003 c 381). When the department of natural resources shall
have decided to sell any state lands or valuable materials thereon, or with the
consent of the board of regents of the University of Washington, or by legislative directive, shall have decided to sell any lot, block, tract, or tracts of
university lands, or the valuable materials thereon, it shall be the duty of the
department to fix the date, place, and time of sale, and no sale shall be had on
any day which is a legal holiday.
The department shall give notice of the sale by advertisement published not less than two times during a four week period prior to the time of
sale in at least one newspaper of general circulation in the county in which
the whole, or any part of any lot, block, or tract of land to be sold((, or the
material upon which is to be sold)) is situated, and by posting a copy of the
notice in a conspicuous place in the department's Olympia office, the region
headquarters administering such sale, and in the office of the county auditor
of such county. The notice shall specify the place, date, and time of sale, the
appraised value thereof, and describe with particularity each parcel of land to
be sold((, or from which valuable materials are to be sold)). In the case of
valuable materials sales, the advertisement may be by newspaper or as provided in *RCW 79.01.188, provided that the estimated volume will be identified and the terms of sale will be available in the region headquarters and
the department's Olympia office.
The advertisement is for informational purposes only, and under no
circumstances does the information in the notice of sale constitute a warranty
that the purchaser will receive the stated values, volumes, or acreage. All
purchasers are expected to make their own measurements, evaluations, and
appraisals.
A direct sale of valuable materials may be sold to the applicant for cash
at full appraised value without notice or advertising((. The board of natural
resources shall, by resolution, establish the value amount of a direct sale not
to exceed twenty thousand dollars in appraised sale value, and establish procedures to ensure that competitive market prices and accountability will be
guaranteed)), consistent with the provisions of **RCW 79.01.132(6). [2003
c 381 § 2; 2001 c 250 § 6; 1997 c 116 § 2; 1989 c 148 § 2; 1988 c 136 § 3;
1983 c 2 § 17. Prior: 1982 1st ex.s. c 21 § 156; 1982 c 27 § 1; 1971 ex.s. c
123 § 2; 1969 ex.s. c 14 § 3; 1959 c 257 § 18; 1927 c 255 § 46; RRS § 779746; prior: 1923 c 19 § 1; 1913 c 36 § 1; 1909 c 223 § 4; 1907 c 152 § 1; 1897
c 89 § 14; 1895 c 178 § 28. Formerly RCW 79.01.184, 79.12.300.]
Reviser's note: *(1) RCW 79.01.188 was recodified as RCW 79.11.130
pursuant to 2003 c 334 § 556.
**(2) RCW 79.01.132 was repealed by 2003 c 334 § 551. For "sales of
valuable materials," see chapter 79.15 RCW.
(3) RCW 79.01.184 (recodified as RCW 79.11.120) was amended
twice during the 2003 legislative session, each without reference to the other.
For rule of construction concerning sections amended more than once during
the same legislative session, see RCW 1.12.025.
Effective date—1983 c 2 § 17: "Section 17 of this act shall take effect
on July 1, 1983." [1983 c 2 § 18.]
Severability—1983 c 2: See note following RCW 18.71.030.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
County auditor, transfer of duties: RCW 79.08.170.
School and granted lands, manner and terms of sale: State Constitution Art.
16 § 2.
79.11.130
79.11.130 Notice—Pamphlet—List of lands to be
sold—Certain valuable materials exempt. (1) The department shall give notice of the sale by advertisement published
not fewer than two times during a four-week period prior to
the time of sale in at least one newspaper of general circulation in the county in which the whole, or any part of any lot,
block, or tract of land to be sold is situated, and by posting a
copy of the notice in a conspicuous place in the department's
Olympia office, the region headquarters administering such
sale, and in the office of the county auditor of such county.
The notice shall specify the place, date, and time of sale, the
appraised value of the land, describe with particularity each
parcel of land to be sold, and specify that the terms of sale
[2003 RCW Supp—page 947]
79.11.140
Title 79 RCW: Public Lands
will be available in the region headquarters and the department's Olympia office.
(2) The advertisement is for informational purposes
only, and under no circumstances does the information in the
notice of sale constitute a warranty that the purchaser will
receive the stated values, volumes, or acreage. All purchasers are expected to make their own measurements, evaluations, and appraisals.
(3) The department shall print a list of all public lands
and the appraised value thereof, that are to be sold. This list
should be published in a pamphlet form to be issued at least
four weeks prior to the date of any sale of the lands. The list
should be organized by county and by alphabetical order, and
provide sale information to prospective buyers. The department shall retain for free distribution in the Olympia office
and the region offices sufficient copies of the pamphlet, to be
kept in a conspicuous place, and, when requested so to do,
shall mail copies of the pamphlet as issued to any requesting
applicant. The department may seek additional means of
publishing the information in the pamphlet, such as on the
internet, to increase the number of prospective buyers.
(4) The sale of valuable materials appraised at an amount
not exceeding two hundred fifty thousand dollars, as
described in *RCW 79.01.200 and as authorized by the board
of natural resources, are exempt from the requirements of
subsection (3) of this section. [2003 c 381 § 4; 2003 c 334 §
346; 2001 c 250 § 7; 1982 1st ex.s. c 21 § 157; 1959 c 257 §
19; 1927 c 255 § 47; RRS § 7797-47. Prior: 1923 c 19 § 1;
1913 c 36 § 1; 1909 c 223 § 4; 1907 c 152 § 1; 1897 c 89 §
14; 1895 c 178 § 28. Formerly RCW 79.01.188, 79.12.310.]
Reviser's note: *(1) RCW 79.01.200 was recodified as RCW 79.11.090
pursuant to 2003 c 334 § 556.
(2) This section was amended by 2003 c 334 § 346 and by 2003 c 381
§ 4, each without reference to the other. Both amendments are incorporated
in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
County auditor, transfer of duties: RCW 79.02.090.
79.11.140
79.11.140 Additional advertising. The department is
authorized to expend any sum in additional advertising of
such sale as it determines to be for the best interest of the
state. [2003 c 334 § 348; 1927 c 255 § 48; RRS § 7797-48.
Prior: 1923 c 19 § 1; 1897 c 89 § 14. Formerly codified as
RCW 79.01.192, 79.12.320.]
Intent—2003 c 334: See note following RCW 79.02.010.
with any fee required by law for the issuance of contracts,
deeds, or bills of sale. The deposit may, when prescribed in
notice of sale, be considered an opening bid of an amount not
less than the minimum appraised price established in the
notice of sale. The successful bidder's deposit will be
retained by the auctioneer and the difference, if any, between
the deposit and the total amount due shall on the day of the
sale be paid in cash, certified check, cashier's check, bank
draft, or money order, made payable to the department. If a
bid bond is used, the share of the total deposit due guaranteed
by the bid bond shall, within ten days of the day of sale, be
paid in cash, certified check, cashier's check, money order, or
other acceptable payment method payable to the department.
Other deposits, if any, shall be returned to the respective bidders at the conclusion of each sale. The auctioneer shall
deliver to the purchaser a memorandum of his or her purchase
containing a description of the land or materials purchased,
the price bid, and the terms of the sale. The auctioneer shall
at once send to the department the cash, certified check, cashier's check, bank draft, money order, bid guarantee, or other
acceptable payment method received from the purchaser, and
a copy of the memorandum delivered to the purchaser,
together with such additional report of the proceedings with
reference to such sales as may be required by the department.
[2003 c 334 § 354; 2001 c 250 § 8; 1982 c 27 § 2; 1979 c 54
§ 3; 1961 c 73 § 4; 1959 c 257 § 22; 1927 c 255 § 51; RRS §
7797-51. Prior: 1923 c 19 § 1; 1913 c 36 § 1; 1909 c 223 §
4; 1907 c 152 § 1; 1897 c 89 § 14; 1895 c 178 § 28. Formerly
RCW 79.01.204, 79.12.350.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.11.160
79.11.160 Deposit by purchaser to cover value of
improvements. A purchaser of state lands who is not the
owner of the authorized improvements thereon shall deposit
with the auctioneer making the sale, at the time of the sale,
the appraised value of such improvements. The department
shall pay to the owner of the improvements the sum deposited. However, when the improvements are owned by the
state in accordance with the provisions of this chapter or have
been acquired by the state by escheat or operation of law, the
purchaser may pay for such improvements in equal annual
installments at the same time, and with the same rate of interest, as the installments of the purchase price of the land are
paid, and under such rules regarding use and care of the
improvements as may be fixed by the department. [2003 c
334 § 338; 1979 ex.s. c 109 § 7; 1935 c 57 § 1; 1927 c 255 §
37; RRS § 7797-37. Prior: 1915 c 147 § 2; 1909 c 223 § 3;
1907 c 256 § 6; 1901 c 148 § 1; 1899 c 129 § 1; 1897 c 89 §
12; 1895 c 178 § 23. Formerly RCW 79.01.148, 79.12.160.]
79.11.150
79.11.150 Conduct of sales. Sales by public auction
under this chapter shall be conducted under the direction of
the department or its authorized representative. The department or department's representative are hereinafter referred
to as auctioneers. On or before the time specified in the
notice of sale each bidder shall deposit with the auctioneer, in
cash or by certified check, cashier's check, money order payable to the order of the department of natural resources, or by
bid guarantee in the form of bid bond acceptable to the
department, an amount equal to the deposit specified in the
notice of sale. The deposit shall include a specified amount
of the appraised price for the land offered for sale, together
[2003 RCW Supp—page 948]
Reviser's note: This section does not apply to state tidelands, shorelands, harbor areas, and the beds of navigable waters. See RCW 79.02.095.
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.11.165
79.11.165 Reoffer. Any sale which has been offered,
and for which there are no bids received shall not be reoffered
until it has been readvertised as specified in RCW 79.11.130
and 79.11.140. If all sales cannot be offered within the specified time on the advertised date, the sale shall continue on
the following day between 10:00 a.m. and 4:00 p.m. [2003 c
State Land Sales
334 § 349; 1965 ex.s. c 23 § 3; 1959 c 257 § 20; 1927 c 255
§ 49; RRS § 7797-49. Prior: 1923 c 19 § 1; 1913 c 36 § 1;
1909 c 223 § 4; 1907 c 152 § 1; 1897 c 89 § 14; 1895 c 178 §
28. Formerly RCW 79.01.196, 79.12.330.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.11.175
79.11.175 Confirmation of sale. The department shall
enter upon its records a confirmation of sale and issue to the
purchaser a contract of sale if the following conditions have
been met:
(1) No fewer than ten days have passed since the auctioneer's report has been filed;
(2) No affidavit is filed with the department showing that
the interests of the state in the sale was injuriously affected by
fraud or collusion;
(3) It appears from the auctioneer's report that:
(a) The sale was fairly conducted; and
(b) The purchaser was the highest bidder and the bid was
not less than the appraised value of the land sold;
(4) The department is satisfied that the land sold would
not, upon being readvertised and offered for sale, sell for at
least ten percent more than the price bid by the purchaser;
(5) The payment required by law to be made at the time
of making the sale has been made;
(6) The department determines the best interests of the
state will be served by confirming the sale. [2003 c 334 §
357; 1982 1st ex.s. c 21 § 158; 1959 c 257 § 23; 1927 c 255 §
53; RRS § 7797-53. Prior: 1907 c 256 § 7; 1903 c 79 § 2;
1897 c 89 § 15; 1895 c 178 § 29. Formerly RCW 79.01.212,
79.12.370.]
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
County auditor, transfer of duties: RCW 79.02.090.
79.11.190
79.11.190 Readvertisement of lands not sold. If any
land offered for sale is not sold, it may again be advertised for
sale, as provided in this chapter, whenever in the opinion of
the commissioner it shall be expedient to do so. Whenever
any person applies to the department in writing to have such
land offered for sale, agrees to pay at least the appraised value
thereof and deposits with the department at the time of making such application a sufficient sum of money to pay the cost
of advertising such sale, the land shall again be advertised
and offered for sale as provided in this chapter. [2003 c 334
§ 356; 1927 c 255 § 52; RRS § 7797-52. Prior: 1923 c 19 §
1; 1913 c 36 § 1; 1909 c 223 § 4; 1907 c 152 § 1; 1897 c 89 §
14; 1895 c 178 § 24. Formerly RCW 79.01.208, 79.12.360.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.11.200
79.11.200 Form of contract—Rate of interest. The
purchaser of state lands under the provisions of this chapter,
except in cases where the full purchase price is paid at the
time of the purchase, shall enter into and sign a contract with
the state, to be signed by the commissioner on behalf of the
state, with the seal of the commissioner's office attached, and
in a form to be prescribed by the attorney general, in which
the purchaser shall covenant to make the payments of principal and interest, computed from the date the contract is
issued, when due, and that the purchaser will pay all taxes
79.11.210
and assessments that may be levied or assessed on such land,
and that on failure to make the payments as prescribed in this
chapter when due all rights of the purchaser under said contract may, at the election of the commissioner, acting for the
state, be forfeited, and that when forfeited the state shall be
released from all obligation to convey the land. The purchaser's rights under the real estate contract shall not be forfeited except as provided in chapter 61.30 RCW.
The contract provided for in this section shall be executed in duplicate, and one copy shall be retained by the purchaser and the other shall be filed in the department's Olympia office.
The commissioner may, as deemed advisable, extend the
time for payment of principal and interest on contracts heretofore issued, and contracts to be issued under this chapter.
The department shall notify the purchaser of any state
lands in each instance when payment on the purchaser's contract is overdue, and that the purchaser is liable to forfeiture if
payment is not made when due. [2003 c 334 § 361; 1985 c
237 § 18; 1982 1st ex.s. c 21 § 162; 1959 c 257 § 26; 1927 c
255 § 57; RRS § 7797-57. Prior: 1897 c 89 §§ 17, 18, 27;
1895 c 178 §§ 30, 31. Formerly RCW 79.01.228, 79.12.400.]
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—Application—1985 c 237: See RCW
61.30.905 and 61.30.910.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
79.11.210
79.11.210 Reservation in contract. Each and every
contract for the sale of, and each deed to, state lands shall
contain the following reservation: "The party of the first part
hereby expressly saves, excepts, and reserves out of the grant
hereby made, unto itself and its successors and assigns forever, all oils, gases, coal, ores, minerals, and fossils of every
name, kind, or description, and which may be in or upon said
lands above described, or any part thereof, and the right to
explore the same for such oils, gases, coal, ores, minerals,
and fossils; and it also hereby expressly saves and reserves
out of the grant hereby made, unto itself and its successors
and assigns forever, the right to enter by itself or its agents,
attorneys, and servants upon said lands, or any part or parts
thereof, at any and all times, for the purpose of opening,
developing, and working mines thereon, and taking out and
removing therefrom all such oils, gases, coal, ores, minerals,
and fossils, and to that end it further expressly reserves out of
the grant hereby made, unto itself its successors and assigns,
forever, the right by its or their agents, servants, and attorneys
at any and all times to erect, construct, maintain, and use all
such buildings, machinery, roads, and railroads, sink such
shafts, remove such soil, and to remain on said lands or any
part thereof for the business of mining and to occupy as much
of said lands as may be necessary or convenient for the successful prosecution of such mining business, hereby
expressly reserving to itself and its successors and assigns, as
aforesaid, generally, all rights and powers in, to, and over
said land, whether herein expressed or not, reasonably necessary or convenient to render beneficial and efficient the complete enjoyment of the property and the rights hereby
expressly reserved.
No rights shall be exercised under the foregoing reservation, by the state or its successors or assigns, until provision
[2003 RCW Supp—page 949]
79.11.220
Title 79 RCW: Public Lands
has been made by the state or its successors or assigns, to pay
to the owner of the land upon which the rights reserved under
this section to the state or its successors or assigns, are sought
to be exercised, full payment for all damages sustained by
said owner, by reason of entering upon said land: PROVIDED, That if said owner from any cause whatever refuses
or neglects to settle said damages, then the state or its successors or assigns, or any applicant for a lease or contract from
the state for the purpose of prospecting for or mining valuable
minerals, or option contract, or lease, for mining coal, or
lease for extracting petroleum or natural gas, shall have the
right to institute such legal proceedings in the superior court
of the county wherein the land is situate, as may be necessary
to determine the damages which said owner of said land may
suffer." [1982 1st ex.s. c 21 § 161; 1927 c 255 § 56; RRS §
7797-56. Prior: 1917 c 149 § 1; 1915 c 147 § 3; 1907 c 256
§ 3; 1897 c 89 § 16; 1895 c 178 §§ 25, 29. Formerly RCW
79.01.224, 79.12.410.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
79.11.220
79.11.220 Relinquishment to United States, in certain
cases of reserved mineral rights. Whenever the state shall
have heretofore sold or may hereafter sell any state lands and
issued a contract of purchase or executed a deed of conveyance therefor, in which there is a reservation of all oils, gases,
coal, ores, minerals, and fossils of every kind and of rights in
connection therewith, and the United States of America shall
have acquired for governmental purposes and uses all right,
title, claim, and interest of the purchaser, or grantee, or his or
her successors in interest or assigns, in or to the contract or
the land described therein, except such reserved rights, and
no oils, gases, coal, ores, minerals, or fossils of any kind have
been discovered or are known to exist in or upon such lands,
the commissioner may, if it is advisable, cause to be prepared
a deed of conveyance to the United States of America of such
reserved rights, and certify the same to the governor in the
manner provided by law for deeds to state lands, and the governor shall be, and hereby is authorized to execute, and the
secretary of state to attest, a deed of conveyance for such
reserved rights to the United States of America. [2003 c 334
§ 449; 1931 c 105 § 1; RRS § 8124-1. Formerly RCW
79.08.110.]
Intent—2003 c 334: See note following RCW 79.02.010.
Certification of deed to governor: RCW 79.02.270.
PART 2
PLATTING
79.11.250
79.11.250 Lands subject to platting. The department
shall cause all unplatted state lands, within the limits of any
incorporated city or town, or within two miles of the boundary thereof, where the valuation of such lands is found by
appraisement to exceed one hundred dollars per acre, to be
platted into lots and blocks, of not more than five acres in a
block, before the same are offered for sale, and not more than
one block shall be offered for sale in one parcel. The department may designate or describe any such plat by name, or
numeral, or as an addition to such city or town, and, upon the
filing of any such plat, it shall be sufficient to describe the
lands, or any portion thereof, embraced in such plat, accord[2003 RCW Supp—page 950]
ing to the designation prescribed by the department. Such
plats shall be made in duplicate, and when properly authenticated by the department, one copy thereof shall be filed in the
office of the department and one copy in the office of the
county auditor in which the lands are situated, and the auditor
shall receive and file such plats without compensation or fees
and make record thereof in the same manner as required by
law for the filing and recording of other plats in the auditor's
office.
In selling lands subject to the provisions of Article 16,
section 4, of the state Constitution, the department will be
permitted to sell the land within the required land subdivision
without being required to complete the construction of
streets, utilities, and such similar things as may be required
by any local government entity in the instance of the platting
of private or other property within their area of jurisdiction.
However, no construction will be permitted on lands so sold
until the purchaser or purchasers collectively comply with all
of the normal requirements for platting. [2003 c 334 § 324;
1967 ex.s. c 78 § 4; 1959 c 257 § 6; 1927 c 255 § 25; RRS §
7797-25. Prior: 1909 c 223 § 2; 1907 c 256 § 5; 1903 c 74 §
1; 1897 c 89 § 11; 1895 c 178 §§ 17, 18. Formerly RCW
79.01.100, 79.12.040.]
Intent—2003 c 334: See note following RCW 79.02.010.
Platting: State Constitution Art. 16 § 4.
Recording—Duties of county auditor: Chapter 65.04 RCW.
79.11.260
79.11.260 Vacation—Vested rights. When, in the
judgment of the department the best interest of the state will
be thereby promoted, the department may vacate any plat or
plats covering state lands, and vacate any street, alley, or
other public place therein situated. The vacation of any such
plat shall not affect the vested rights of any person or persons
theretofore acquired therein. In the exercise of this authority
to vacate the department shall enter an order in the records of
its office and at once forward a certified copy thereof to the
county auditor of the county wherein the platted lands are
located. The auditor shall cause the same to be recorded in
the miscellaneous records of the auditor's office and noted on
the plat by reference to the volume and page of the record.
[2003 c 334 § 325; 1959 c 257 § 7; 1927 c 255 § 26; RRS §
7797-26. Prior: 1903 c 127 §§ 1, 2. Formerly RCW
79.01.104, 79.12.050.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.11.270
79.11.270 Vacation—Preference right to purchase.
Whenever all the owners and other persons having a vested
interest in the lands abutting on any street, alley, or other public place, or any portion thereof, in any plat of state lands,
lying outside the limits of any incorporated city or town, petition the department, the department may vacate any such
tract, alley, or public place or part thereof and in such case all
such streets, alleys, or other public places or portions thereof
so vacated shall be platted, appraised, and sold or leased in
the manner provided for the platting, appraisal, and sale or
lease of similar lands. However, where the area vacated can
be determined from the plat already filed it shall not be necessary to survey such area before platting the same. The
owner or owners, or other persons having a vested interest in
the lands abutting on any of the lots, blocks, or other parcels
Sales and Leases of Public Lands and Materials
platted upon the lands embraced within any area vacated as
provided in this section, shall have a preference right for the
period of sixty days from the date of filing with the department such plat and the appraisal of such lots, blocks, or other
parcels of land, to purchase the same at the appraised value
thereof. [2003 c 334 § 326; 1959 c 257 § 8; 1927 c 255 § 27;
RRS § 7797-27. Prior: 1903 c 127 § 3. Formerly RCW
79.01.108, 79.12.060.]
Intent—2003 c 334: See note following RCW 79.02.010.
PART 3
OTHER SALE PROVISIONS
79.12.025
ments at the same time, and with the same rate of interest
upon deferred payments, as the installments of the purchase
price for the land are paid.
(4) No deed shall be executed until such assessments
have been paid. [2003 c 334 § 430; 1927 c 255 § 192; RRS §
7797-192. Prior: 1925 ex.s. c 180 § 1; 1909 c 154 § 7; 1907
c 73 § 3; 1905 c 144 § 5. Formerly RCW 79.01.728,
79.44.110.]
Intent—2003 c 334: See note following RCW 79.02.010.
Assessments paid by state to be added to purchase price of land: RCW
79.44.095.
79.11.340
79.11.290
79.11.290 Leased lands reserved from sale. State
lands held under lease as provided in RCW 79.13.370 shall
not be offered for sale, or sold, during the life of the lease,
except upon application of the lessee. [2003 c 334 § 380;
1927 c 255 § 75; RRS § 7797-75. Prior: 1897 c 89 § 23. Formerly RCW 79.01.300, 79.12.560.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.11.310
79.11.310 Sale of lands with low-income potential.
(1) The purpose of this section is to provide revenues to the
state and its various taxing districts through the sale of public
lands which are currently used primarily for grazing and similar low priority purposes, by enabling their development as
irrigated agricultural lands.
(2) All applications for the purchase of lands of the foregoing character, when accompanied by a proposed plan of
development of the lands for a higher priority use, shall be
individually reviewed by the board. The board shall thereupon determine whether the sale of the lands is in the public
interest and upon an affirmative finding shall offer such lands
for sale. However, any such parcel of land shall be sold to the
highest bidder but only at a bid equal to or higher than the last
appraised valuation thereof as established by appraisers for
the department for any such parcel of land. Further, any
lands lying within United States reclamation areas, the sale
price of which is limited or otherwise regulated pursuant to
federal reclamation laws or regulations thereunder, need not
be offered for sale so long as such limitations or regulations
are applicable thereto.
(3) The department shall adopt appropriate rules defining properties of such irrigated agricultural potential and
shall take into account the economic benefits to the locality in
classifying such properties for sale. [2003 c 334 § 381; 1967
ex.s. c 78 § 5. Formerly RCW 79.01.301.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.11.320
79.11.320 Assessments added to purchase price. (1)
When any public land of the state is offered for sale and the
state has paid assessments for local improvements, or benefits, to any municipal corporation authorized by law to assess
the same, the amount of the assessments paid by the state
shall be added to the appraised value of such land.
(2) The amount of assessments paid by the state shall be
paid by the purchaser in addition to the amount due the state
for the land.
(3) In case of sale by contract under RCW 79.11.220 the
purchaser may pay the assessments in equal annual install-
79.11.340 Sale of acquired lands. (1) Except as provided in RCW 79.10.030(2), the department shall manage
and control all lands acquired by the state by escheat, deed of
sale, gift, devise, or under RCW 79.19.010 through
79.19.110, except such lands that are conveyed or devised to
the state for a particular purpose.
(2) When the department determines to sell the lands,
they shall initially be offered for sale either at public auction
or direct sale to public agencies as provided in this chapter.
(3) If the lands are not sold at public auction, the department may, with approval of the board, market the lands
through persons licensed under chapter 18.85 RCW or
through other commercially feasible means at a price not
lower than the land's appraised value.
(4) Necessary marketing costs may be paid from the sale
proceeds. For the purpose of this subsection, necessary marketing costs include reasonable costs associated with advertising the property and paying commissions.
(5) Proceeds of the sale shall be deposited into the appropriate fund in the state treasury unless the grantor in any deed
or the testator in case of a devise specifies that the proceeds
of the sale be devoted to a particular purpose. [2003 c 334 §
399.]
Intent—2003 c 334: See note following RCW 79.02.010.
Chapter 79.12
Chapter 79.12 RCW
SALES AND LEASES OF PUBLIC LANDS
AND MATERIALS
Sections
79.12.015
79.12.025
79.12.035
79.12.055
79.12.095
79.12.570
79.12.600
79.12.610
79.12.620
79.12.630
Recodified as RCW 79.13.500.
Recodified as RCW 79.13.510.
Recodified as RCW 79.64.120.
Recodified as RCW 79.13.520.
Recodified as RCW 79.13.530.
Recodified as RCW 79.13.320.
Recodified as RCW 79.13.330.
Recodified as RCW 79.13.340.
Recodified as RCW 79.13.350.
Recodified as RCW 79.13.360.
79.12.015
79.12.015 Recodified as RCW 79.13.500. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.12.025
79.12.025 Recodified as RCW 79.13.510. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
[2003 RCW Supp—page 951]
79.12.035
Title 79 RCW: Public Lands
79.12.035
79.12.035 Recodified as RCW 79.64.120. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.13.390
79.13.400
79.13.410
PART 4
OTHER LEASES
79.12.055
79.12.055 Recodified as RCW 79.13.520. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.13.500
79.13.510
79.13.520
79.12.095
79.12.095 Recodified as RCW 79.13.530. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.12.570
79.12.570 Recodified as RCW 79.13.320. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Grazing permits—United States government.
Improvement of grazing ranges—Agreements.
Improvement of grazing ranges—Extension of permit.
79.13.530
Amateur radio repeater stations—Legislative intent.
Amateur radio electronic repeater sites and units—Reduced
rental rates—Frequencies.
Nonprofit television reception improvements districts—
Rental of public lands—Intent.
Geothermal resources—Guidelines for development.
PART 5
ECOSYSTEM STANDARDS
79.13.600
79.13.610
79.13.620
Findings—Salmon stocks—Grazing lands—Coordinated
resource management plans.
Grazing lands—Fish and wildlife goals—Technical advisory
committee—Implementation.
Purpose—Ecosystem standards.
79.12.600
79.12.600 Recodified as RCW 79.13.330. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.12.610
79.12.610 Recodified as RCW 79.13.340. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.12.620
79.12.620 Recodified as RCW 79.13.350. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.12.630
79.12.630 Recodified as RCW 79.13.360. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Chapter 79.13
Chapter 79.13 RCW
LAND LEASES
Sections
PART 1
GENERAL PROVISIONS
79.13.010
79.13.020
79.13.030
79.13.040
79.13.050
79.13.060
79.13.070
79.13.080
79.13.090
Lease of state lands—General.
Who may lease.
Lease contents.
Inspections—Surveys.
Improvements.
Lease terms.
Forfeiture.
Disposition of crops on forfeited land.
Leases to United States for national defense.
PART 2
LEASE PROCEDURE
79.13.110
79.13.120
79.13.130
79.13.140
79.13.150
79.13.160
79.13.170
79.13.180
Types of lease authorization.
Notice of leasing.
Lease procedure—Scheduling auctions.
Public auction procedure.
Lease/rent of acquired lands.
Appraisement of improvement before lease.
Water right for irrigation as improvement.
Record of leases.
PART 3
AGRICULTURAL/GRAZING LEASES
79.13.320
79.13.330
79.13.340
79.13.350
79.13.360
79.13.370
79.13.380
Share crop leases authorized.
Harvest, storage of crop—Notice—Warehouse receipt.
Sale, storage, or other disposition of crops.
Insurance of crop—Division of cost.
Application of other provisions to share crop leases.
Grazing leases—Restrictions.
Livestock grazing on lieu lands.
[2003 RCW Supp—page 952]
PART 1
GENERAL PROVISIONS
79.13.010
79.13.010 Lease of state lands—General. (1) Subject
to other provisions of this chapter and subject to rules
adopted by the board, the department may lease state lands
for purposes it deems advisable, including, but not limited to,
commercial, industrial, residential, agricultural, and recreational purposes in order to obtain a fair market rental return
to the state or the appropriate constitutional or statutory trust.
(2) Notwithstanding any provision in this chapter to the
contrary, in leases for residential purposes, the board may
waive or modify any conditions of the lease if the waiver or
modification is necessary to enable any federal agency or
lending institution authorized to do business in this state or
elsewhere in the United States to participate in any loan
secured by a security interest in a leasehold interest.
(3) Any land granted to the state by the United States
may be leased for any lawful purpose in such minimum acreage as may be fixed by the department.
(4) The department shall exercise general supervision
and control over the lease of state lands for any lawful purpose.
(5) State lands leased or for which permits are issued or
contracts are entered into for the prospecting and extraction
of valuable materials, coal, oil, gas, or other hydrocarbons are
subject to the provisions of chapter 79.14 RCW. [2003 c 334
§ 366; 1984 c 222 § 12; 1979 ex.s. c 109 § 10. Formerly
RCW 79.01.242.]
Reviser's note: This section does not apply to state tidelands, shorelands, harbor areas, and the beds of navigable waters. See RCW 79.02.095.
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1984 c 222: See RCW 79.66.900 and
79.66.901.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.13.020
79.13.020 Who may lease. Any person desiring to
lease any state lands for any purpose not prohibited by law
may make application to the department on forms provided
by the department and accompanied by the fee provided
under RCW 79.02.250. [2003 c 334 § 370.]
Intent—2003 c 334: See note following RCW 79.02.010.
Land Leases
79.13.080
79.13.030
79.13.030 Lease contents. Every lease issued by the
department must contain:
(1) The specific use or uses to which the land is to be
employed;
(2) The improvements required, if any;
(3) Provisions providing that the rent is payable in
advance in quarterly, semiannual, or annual payments as
determined by the department, or as agreed upon by the lessee and the department;
(4) Other terms and conditions as the department deems
advisable, subject to review by the board, to achieve the purposes of the state Constitution and this chapter. [2003 c 334
§ 367.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.13.040
79.13.040 Inspections—Surveys. (1) When in the
judgment of the department there is sufficient interest for the
lease of state lands, it must inspect each tract of land as to its
topography, development potential, forestry, agricultural,
and grazing qualities; the presence of coal, mineral, stone,
gravel, or other valuable materials; the distance from any city
or town, railroad, river, irrigation canal, ditch, or other waterway; and location of utilities.
(2) The department may survey any state lands to determine the area subject to lease.
(3) It is the duty of the department to prepare all reports,
data, and information in its records pertaining to any proposed lease.
(4) The department may order that any particular application for a lease be held in abeyance pending further inspection and report by the department. Based on the further
inspection and report, the department must determine
whether or not, and the terms upon which, the proposed lease
is consummated. [2003 c 334 § 316.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.13.050
79.13.050 Improvements. (1) Only improvements
authorized in writing by the department or consistent with the
approved plan of development may be placed on the state
lands under lease. Improvements are subject to the following
conditions:
(a) A minimum reasonable time must be allowed for
completion of the improvements;
(b) Improvements become the property of the state at the
expiration or termination of the lease unless otherwise agreed
upon under the terms of the lease; and
(c) The department may require improvements to be
removed at the end of the lease term at the lessee's expense.
(2) Any improvements placed upon any state lands without the written authority of the department become the property of the state and are considered part of the land, unless
required to be removed by the lessee under subsection (1)(c)
of this section. [2003 c 334 § 315.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.13.060
79.13.060 Lease terms. (1) State lands may be leased
not to exceed ten years with the following exceptions:
(a) The lands may be leased for agricultural purposes not
to exceed twenty-five years, except:
(i) Leases that authorize tree fruit or grape production
may be for up to fifty-five years;
(ii) Share crop leases may not exceed ten years;
(b) The lands may be leased for commercial, industrial,
business, or recreational purposes not to exceed fifty-five
years;
(c) The lands may be leased for public school, college, or
university purposes not to exceed seventy-five years; and
(d) The lands may be leased for residential purposes not
to exceed ninety-nine years.
(2) No lessee of state lands may remain in possession of
the land after the termination or expiration of the lease without the written consent of the department.
(a) The department may authorize a lease extension for a
specific period beyond the term of the lease for cropping
improvements for the purpose of crop rotation. These
improvements shall be deemed authorized improvements
under RCW 79.13.030.
(b) Upon expiration of the lease term, the department
may allow the lessee to continue to hold the land for a period
not exceeding one year upon such rent, terms, and conditions
as the department may prescribe, if the leased land is not otherwise utilized.
(c) Upon expiration of the one-year lease extension, the
department may issue a temporary permit to the lessee upon
terms and conditions it prescribes if the department has not
yet determined the disposition of the land for other purposes.
(d) The temporary permit shall not extend beyond a fiveyear period.
(3) If during the term of the lease of any state lands for
agricultural, grazing, commercial, residential, business, or
recreational purposes, in the opinion of the department it is in
the best interest of the state so to do, the department may, on
the application of the lessee and in agreement with the lessee,
alter and amend the terms and conditions of the lease. The
sum total of the original lease term and any extension thereof
shall not exceed the limits provided in this section. [2003 c
334 § 323.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.13.070
79.13.070 Forfeiture. If any rental is not paid on or
before its due date according to the terms of the lease, the
department must declare a forfeiture, cancel the lease, and
eject the lessee from the land. The department may extend
the time for payment of annual rental when in its judgment
the interests of the state will not be prejudiced by the extension. [2003 c 334 § 375.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.13.080
79.13.080 Disposition of crops on forfeited land.
Whenever the state of Washington shall become the owner of
any growing crop, or crop grown upon, any state lands, by
reason of the forfeiture, cancellation, or termination of any
contract or lease of state lands, or from any other cause, the
department is authorized to arrange for the harvesting, sale,
or other disposition of such crop in such manner as the
department deems for the best interest of the state, and shall
pay the proceeds of any such sale into the state treasury to be
credited to the same fund as the rental of the lands upon
which the crop was grown would be credited. [2003 c 334 §
[2003 RCW Supp—page 953]
79.13.090
Title 79 RCW: Public Lands
342; 1927 c 255 § 43; RRS § 7797-43. Prior: 1915 c 89 §§
1, 2. Formerly RCW 79.01.172, 79.12.240.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.13.090
79.13.090 Leases to United States for national
defense. State lands may be leased to the United States for
national defense purposes at the fair rental value thereof as
determined by the department, for a period of five years or
less. Such leases may be made without competitive bidding
at public auction and without payment in advance by the
United States government of the first year's rental. Such
leases otherwise shall be negotiated and arranged in the same
manner as other leases of state lands. [2003 c 334 § 450;
1941 c 66 § 1; Rem. Supp. 1941 § 8122-1. Formerly RCW
79.08.120.]
Intent—2003 c 334: See note following RCW 79.02.010.
PART 2
LEASE PROCEDURE
79.13.110
79.13.110 Types of lease authorization. (1) The
department may authorize the use of state land by lease at
state auction for initial leases or by negotiation for existing
leases.
(2) Leases that authorize commercial, industrial, or residential uses may be entered into by public auction or negotiations at the option of the department. Negotiations are subject to rules approved by the board. [2003 c 334 § 368.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.13.120
79.13.120 Notice of leasing. (1) The department must
give thirty days' notice of leasing by public auction. The
notice must:
(a) Specify the place and time of auction, bid deposit if
any, the appraised value, describe each parcel to be leased,
and the terms and conditions of the lease;
(b) Be posted in some conspicuous place in the county
auditor's office and the department's regional headquarters
administering the lease; and
(c) Be published in at least two newspapers of general
circulation in the area where the state land subject to public
auction leasing is located.
(2) Notice of intent to lease by negotiation must be published in at least two newspapers of general circulation in the
area where the state land subject to lease negotiation is
located. The notice must be published within the ninety days
preceding commencement of negotiations.
(3) The department is authorized to conduct any additional advertising that it determines to be in the best interest
of the state. [2003 c 334 § 369.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.13.130
79.13.130 Lease procedure—Scheduling auctions.
(1) When the department decides to lease any state lands at
public auction it is the duty of the department to fix the date,
place, and time when such lands shall be offered for lease.
(2) The auction must be conducted between the hours of
10:00 a.m. and 4:00 p.m.
(3) The auction must take place:
[2003 RCW Supp—page 954]
(a) At the department's regional office administering the
lease; or
(b) When leases are auctioned by the county auditor, in
the county where the state land to be leased is situated at such
place as specified in the notice. [2003 c 334 § 372; 1979 ex.s.
c 109 § 11; 1927 c 255 § 62; RRS § 7797-62. Prior: 1897 c
89 § 20. Formerly RCW 79.01.248, 79.12.440.]
Reviser's note: This section does not apply to state tidelands, shorelands, harbor areas, and the beds of navigable waters. See RCW 79.02.095.
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.13.140
79.13.140 Public auction procedure. (1) All leasing
by public auction shall be by oral or by sealed bid. Leases
will be awarded to the highest bidder on the terms prescribed
by law and as specified in the notice of leasing described in
RCW 79.13.120. No lease may be awarded for less than the
appraised value.
(2) The public auction must be conducted under the
direction of the department or by the auditor for the county in
which the land to be leased is located. The person conducting
the auction is called the auctioneer.
(3) The person to whom a lease of state lands is awarded
shall pay the rental in accordance with that person's bid to the
auctioneer in cash or by certified check or accepted draft on
any bank in this state.
(4) The auctioneer shall send to the department such
cash, certified check, draft, or money order received from the
successful bidder, together with any additional report of the
auction proceeding as may be required by the department.
(5) The department may reject any and all bids when the
interests of the state justify it. If the department rejects a bid,
it must refund any rental and bid deposit to the bidder upon
return of the receipts issued.
(6) If the department approves any leasing made by the
auctioneer, it must proceed to issue a lease to the successful
bidder upon a form approved by the attorney general.
(a) All leases must be in duplicate and both copies signed
by the lessee and the department.
(b) One signed copy must be forwarded to the lessee and
one signed copy must be kept in the office of the department.
[2003 c 334 § 373.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.13.150
79.13.150 Lease/rent of acquired lands. (1) Except as
provided in RCW 79.10.030(2), the department shall manage
and control all lands acquired by the state through escheat,
deed of sale, gift, devise, or under RCW 79.19.010 through
79.19.110, except lands that are conveyed or devised to the
state for a particular purpose.
(2) The department shall lease the lands in the same
manner as school lands.
(3) The department may employ agents to rent any
escheated, deeded, or devised lands, or lands acquired under
RCW 79.19.010 through 79.19.110 for such rental, time, and
manner as the department directs.
(a) The agent shall not rent the property for a period
longer than one year.
(b) No tenant is entitled to compensation for any
improvement that he or she makes on the property.
Land Leases
79.13.340
79.13.180
(c) The agent shall cause repairs to be made to the property as the department directs.
(d) Rental shall be transmitted monthly to the department. The agent shall deduct the cost of any repairs made
under (c) of this subsection, together with such compensation
and commission as the department authorizes from the rental.
(4) Proceeds of any lease or rental shall be deposited into
the appropriate fund in the state treasury. If the grantor in any
deed or the testator in case of a devise specifies that the proceeds be devoted to a particular purpose, such proceeds shall
be so applied. [2003 c 334 § 400.]
79.13.180 Record of leases. The department shall keep
a full and complete record of all leases issued under the provisions of the preceding sections and the payments made
thereon. [2003 c 334 § 374; 1979 ex.s. c 109 § 16; 1933 c
139 § 1; 1927 c 255 § 67; RRS § 7797-67. Prior: 1915 c 147
§ 6; 1909 c 223 § 5; 1897 c 89 § 25. Formerly RCW
79.01.268, 79.12.490.]
Reviser's note: This section does not apply to state tidelands, shorelands, harbor areas, and the beds of navigable waters. See RCW 79.02.095.
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
Intent—2003 c 334: See note following RCW 79.02.010.
PART 3
AGRICULTURAL/GRAZING LEASES
79.13.160
79.13.160 Appraisement of improvement before
lease. Before any state lands are offered for lease, or are
assigned, the department may establish the fair market value
of those authorized improvements not owned by the state. In
the event that agreement cannot be reached between the state
and the lessee on the fair market value, such valuation shall
be submitted to a review board of appraisers. The board is
comprised of the following members: One member to be
selected by the lessee and that person's expenses shall be
borne by the lessee; one member selected by the state and that
person's expenses shall be borne by the state; these members
so selected shall mutually select a third member and that person's expenses shall be shared equally by the lessee and the
state. The majority decision of this appraisal review board
shall be binding on both parties. For this purpose, "fair market value" is defined as: The highest price in terms of money
that a property will bring in a competitive and open market
under all conditions of a fair sale, the buyer and seller, each
prudently knowledgeable and assuming the price is not
affected by undue stimulus. All damages and wastes committed upon such lands and other obligations due from the
lessee shall be deducted from the appraised value of the
improvements. However, the department on behalf of the
respective trust may purchase at fair market value those
improvements if it appears to be in the best interest of the
state from the resource management cost account created in
RCW 79.64.020. [2003 c 334 § 337.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.13.170
79.13.170 Water right for irrigation as improvement.
At any time during the existence of any lease of state lands,
except lands leased for the purpose of mining of valuable
minerals, or coal, or extraction of petroleum or gas, the lessee
with the consent of the department, first obtained, by written
application, showing the cost and benefits to be derived
thereby, may purchase or acquire a water right appurtenant to
and in order to irrigate the land leased. If such water right
shall become a valuable and permanent improvement to the
lands, then, in case of the sale or lease of such lands to other
parties, the lessee acquiring such water right shall be entitled
to receive the value thereof as in case of other improvements
which have been placed upon the land by the lessee. [2003 c
334 § 376; 1959 c 257 § 32; 1927 c 255 § 71; RRS § 7797-71.
Prior: 1903 c 79 § 7; 1897 c 89 § 31; 1895 c 178 § 41. Formerly RCW 79.01.284, 79.12.530.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.13.320
79.13.320 Share crop leases authorized. The department may lease state lands on a share crop basis. Upon
receipt of a written application to lease state lands, the department shall make such investigations as it deems necessary. If
the department finds that such a lease would be advantageous
to the state, it may proceed with the leasing of such lands on
such terms and conditions as other state lands are leased.
[2003 c 334 § 466; 1979 ex.s. c 109 § 20; 1961 c 73 § 10;
1949 c 203 § 1; Rem. Supp. 1949 § 7895-1. Formerly RCW
79.12.570.]
Reviser's note: This section does not apply to state tidelands, shorelands, harbor areas, and the beds of navigable waters. See RCW 79.02.095.
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.13.330
79.13.330 Harvest, storage of crop—Notice—Warehouse receipt. When crops that are covered by a share crop
lease are harvested, the lessee shall give written notice to the
department that the crop is being harvested, and shall also
give to the department the name and address of the warehouse or elevator to which such crops are sold or in which
such crops will be stored. The lessee shall also serve on the
owner of such warehouse or elevator a written copy of so
much of the lease as shall show the percentage of division of
the proceeds of such crop as between lessee and lessor. The
owner of such warehouse or elevator shall make out a warehouse receipt, which receipt may be negotiable or nonnegotiable as directed by the state, showing the percentage of
crops belonging to the state, and the respective gross and net
amounts, grade, and location thereof, and shall deliver to the
department the receipt for the state's percentage of such crops
within ten days after the owner has received such instructions. [2003 c 334 § 467; 2000 c 18 § 1; 1949 c 203 § 4; Rem.
Supp. 1949 § 7895-4. Formerly RCW 79.12.600.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.13.340
79.13.340 Sale, storage, or other disposition of crops.
The department shall sell the crops covered by the warehouse
receipt required in RCW 79.13.330 and may comply with the
provisions of any federal act or the regulation of any federal
agency with relation to the storage or disposition of the crop.
[2003 c 334 § 468; 1977 c 20 § 1; 1949 c 203 § 5; Rem. Supp.
1949 § 7895-5. Formerly RCW 79.12.610.]
Intent—2003 c 334: See note following RCW 79.02.010.
[2003 RCW Supp—page 955]
79.13.350
Title 79 RCW: Public Lands
79.13.350
79.13.350 Insurance of crop—Division of cost. The
lessee under any share crop lease issued by the department
shall notify the department as soon as an estimated yield of
the crop can be obtained. The estimate must be immediately
submitted to the department, which is hereby authorized to
insure the crop from loss by fire or hail. The cost of such
insurance shall be paid by the state and lessee on the same
basis as the crop returns to which each is entitled. [2003 c
334 § 469; 1949 c 203 § 6; Rem. Supp. 1949 § 7895-6. Formerly RCW 79.12.620.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.13.360
79.13.360 Application of other provisions to share
crop leases. RCW 79.13.320 through 79.13.360 shall not
repeal the provisions of the general leasing statutes of the
state of Washington and all of the general provisions of such
statutes with reference to filing of applications, deposits
required therewith, forfeiture of deposits, cancellation of
leases for noncompliance and general procedures shall apply
to all leases issued under the provisions of RCW 79.13.320
through 79.13.360. [2003 c 334 § 470; 1949 c 203 § 7; Rem.
Supp. 1949 § 7895-7. Formerly RCW 79.12.630.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.13.370
79.13.370 Grazing leases—Restrictions. The lessee,
or assignee of any lease leased for grazing purposes, shall not
use the land for any other purpose than that expressed in the
lease. However, the lessee, or assignee, may surrender the
lease to the department and request the department to issue an
agricultural lease in lieu of the original lease. The department is authorized to issue a new lieu lease for the unexpired
portion of the term of the lease surrendered upon payment of
the fixed rental based on an appraisal of the land for agricultural purposes. Under the lieu lease the lessee shall be permitted to clear, plow, and cultivate the lands as in the case of
an original lease for agricultural purposes. [2003 c 334 §
379; 1959 c 257 § 34; 1927 c 255 § 74; RRS § 7797-74.
Prior: 1903 c 79 § 8. Formerly RCW 79.01.296, 79.12.550.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.13.380
79.13.380 Livestock grazing on lieu lands. The
department has the power, and it is its duty, to adopt, from
time to time, reasonable rules for the grazing of livestock on
such tracts and areas of the indemnity or lieu public lands of
the state contiguous to national forests and suitable for grazing purposes, as have been, or shall be, obtained from the
United States under the provisions of RCW 79.02.120. [2003
c 334 § 491; 1923 c 85 § 1; RRS § 7826-1. Formerly RCW
79.28.040.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.13.390
79.13.390 Grazing permits—United States government. The department may issue permits for the grazing of
livestock on the lands described in RCW 79.13.380 in such
manner and upon such terms, as near as may be, as permits
are, or shall be, issued by the United States for the grazing of
livestock on national forest lands. The department may
charge such fees as it deems adequate and advisable. The
department may cooperate with the United States for the protection and preservation of the grazing areas on the state
[2003 RCW Supp—page 956]
lands contiguous to national forests and for the administration of the provisions of RCW 79.13.380 and 79.13.390.
[2003 c 334 § 492; 1983 c 3 § 202; 1923 c 85 § 2; RRS §
7826-2. Formerly RCW 79.28.050.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.13.400
79.13.400 Improvement of grazing ranges—Agreements. The department is hereby authorized on behalf of the
state of Washington to enter into cooperative agreements
with any person as defined in RCW 1.16.080 for the improvement of the state's grazing ranges by the clearing of debris,
maintenance of trails and water holes, and other requirements
for the general improvement of the grazing ranges. [2003 c
334 § 493; 1963 c 99 § 1; 1955 c 324 § 1. Formerly RCW
79.28.070.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.13.410
79.13.410 Improvement of grazing ranges—Extension of permit. In order to encourage the improvement of
grazing ranges by holders of grazing permits, the department
shall consider (1) extension of grazing permit periods to a
maximum of ten years; and (2) reduction of grazing fees, in
situations where the permittee contributes or agrees to contribute to the improvement of the range, financially, by labor,
or otherwise. [2003 c 334 § 494; 1985 c 197 § 3; 1979 ex.s.
c 109 § 21; 1955 c 324 § 2. Formerly RCW 79.28.080.]
Reviser's note: This section does not apply to state tidelands, shorelands, harbor areas, and the beds of navigable waters. See RCW 79.02.095.
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
PART 4
OTHER LEASES
79.13.500
79.13.500 Amateur radio repeater stations—Legislative intent. The department leases state lands and space on
towers located on state lands to amateur radio operators for
their repeater stations. These sites are necessary to maintain
emergency communications for public safety and for use in
disaster relief and search and rescue support.
The licensed amateur radio operators of the state provide
thousands of hours of public communications service to the
state every year. Their communication network spans the
entire state, based in individual residences and linked across
the state through a series of mountain-top repeater stations.
The amateur radio operators install and maintain their radios
and the electronic repeater stations at their own expense. The
amateur radio operators who use their equipment to perform
public services should not bear the sole responsibility for
supporting the electronic repeater stations.
In recognition of the essential role performed by the
amateur radio operators in emergency communications, the
legislature intends to reduce the rental fee paid by the amateur radio operators while assuring the department full market rental for the use of state-owned property. [2003 c 334 §
461; 1988 c 209 § 1. Formerly RCW 79.12.015.]
Intent—2003 c 334: See note following RCW 79.02.010.
Land Leases
79.13.610
79.13.510
79.13.510 Amateur radio electronic repeater sites
and units—Reduced rental rates—Frequencies. The
department shall determine the lease rate for amateur radio
electronic repeater sites and units available for public service
communication. For the amateur operator to qualify for a
rent of one hundred dollars per year per site, the amateur
operator shall do one of the following: (1) Register and
remain in good standing with the state's radio amateur civil
emergency services and amateur radio emergency services
organizations, or (2) if an amateur group, sign a statement of
public service developed by the department.
The legislature's biennial appropriations shall account
for the estimated difference between the one hundred dollar
per year, per site, per lessee paid by the qualified amateur
operators and the fair market amateur rent, as established by
the department.
The amateur radio regulatory authority approved by the
federal communication commission shall assign the radio frequencies used by amateur radio lessees. The department
shall develop guidelines to determine which lessees are to
receive reduced rental fees as moneys are available by legislative appropriation to pay a portion of the rent for electronic
repeaters operated by amateur radio operators. [2003 c 334 §
462; 1995 c 105 § 1; 1988 c 209 § 2. Formerly RCW
79.12.025.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.13.520
79.13.520 Nonprofit television reception improvements districts—Rental of public lands—Intent. The
department shall determine the fair market rental rate for
leases to nonprofit television reception improvement districts. It is the intent of the legislature to appropriate general
funds to pay a portion of the rent charged to nonprofit television reception improvement districts. It is the further intent
of the legislature that such a lessee pay an annual lease rent of
fifty percent of the fair market rental rate, as long as there is
a general fund appropriation to compensate the trusts for the
remainder of the fair market rental rate. [2003 c 334 § 464;
1994 c 294 § 1. Formerly RCW 79.12.055.]
Intent—2003 c 334: See note following RCW 79.02.010.
Effective date—1994 c 294: "This act shall take effect July 1, 1994."
[1994 c 294 § 3.]
79.13.530
79.13.530 Geothermal resources—Guidelines for
development. In an effort to increase potential revenue to
the geothermal account, the department shall, by December
1, 1991, adopt rules providing guidelines and procedures for
leasing state-owned land for the development of geothermal
resources. [2003 c 334 § 465; 1991 c 76 § 3. Formerly RCW
79.12.095.]
Intent—2003 c 334: See note following RCW 79.02.010.
Geothermal account: Chapter 43.140 RCW.
PART 5
ECOSYSTEM STANDARDS
79.13.600
79.13.600 Findings—Salmon stocks—Grazing
lands—Coordinated resource management plans. The
legislature finds that many wild stocks of salmonids in the
state of Washington are in a state of decline. Stocks of salmon
on the Columbia and Snake rivers have been listed under the
federal endangered species act, and the bull trout has been
petitioned for listing. Some scientists believe that numerous
other stocks of salmonids in the Pacific Northwest are in
decline or possibly extinct. The legislature declares that to
lose wild stocks is detrimental to the genetic diversity of the
fisheries resource and the economy, and will represent the
loss of a vital component of Washington's aquatic ecosystems. The legislature further finds that there is a continuing
loss of habitat for fish and wildlife. The legislature declares
that steps must be taken in the areas of wildlife and fish habitat management, water conservation, wild salmonid stock
protection, and education to prevent further losses of Washington's fish and wildlife heritage from a number of causes
including urban and rural subdivisions, shopping centers,
industrial park, and other land use activities.
The legislature finds that the maintenance and restoration of Washington's rangelands and shrub-steppe vegetation
is vital to the long-term benefit of the people of the state. The
legislature finds that approximately one-fourth of the state is
open range or open-canopied grazable woodland. The legislature finds that these lands provide forage for livestock, habitat for wildlife, and innumerable recreational opportunities
including hunting, hiking, and fishing.
The legislature finds that the development of coordinated resource management plans, that take into consideration the needs of wildlife, fish, livestock, timber production,
water quality protection, and rangeland conservation on all
state-owned grazing lands will improve the stewardship of
these lands and allow for the increased development and
maintenance of fish and wildlife habitat and other multipurpose benefits the public derives from these lands.
The legislature finds that the state currently provides
insufficient technical support for coordinated resource management plans to be developed for all state-owned lands and
for many of the private lands desiring to develop such plans.
As a consequence of this lack of technical assistance, our
state grazing lands, including fish and wildlife habitat and
other resources provided by these lands, are not achieving
their potential. The legislature also finds that with many state
lands being intermixed with private grazing lands, development of coordinated resource management plans on stateowned and managed lands provides an opportunity to
improve the management and enhance the conditions of adjacent private lands.
A purpose of chapter 4, Laws of 1993 sp. sess. is to
establish state grazing lands as the model in the state for the
development and implementation of standards that can be
used in coordinated resource management plans and to
thereby assist the timely development of coordinated
resource management plans for all state-owned grazing
lands. Every lessee of state lands who wishes to participate in
the development and implementation of a coordinated
resource management plan shall have the opportunity to do
so. [1996 c 163 § 2. Prior: 1993 sp.s. c 4 § 1. Formerly RCW
79.01.2951.]
79.13.610
79.13.610 Grazing lands—Fish and wildlife goals—
Technical advisory committee—Implementation. (1) By
December 31, 1993, the department of fish and wildlife shall
develop goals for the wildlife and fish that this agency manages, to preserve, protect, and perpetuate wildlife and fish on
[2003 RCW Supp—page 957]
79.13.620
Title 79 RCW: Public Lands
shrub steppe habitat or on lands that are presently agricultural
lands, rangelands, or grazable woodlands. These goals shall
be consistent with the maintenance of a healthy ecosystem.
(2) By July 31, 1993, the conservation commission shall
appoint a technical advisory committee to develop standards
that achieve the goals developed in subsection (1) of this section. The committee members shall include but not be limited
to technical experts representing the following interests:
Agriculture, academia, range management, utilities, environmental groups, commercial and recreational fishing interests,
the Washington rangelands committee, Indian tribes, the
department of fish and wildlife, the department of natural
resources, the department of ecology, conservation districts,
and the department of agriculture. A member of the conservation commission shall chair the committee.
(3) By December 31, 1994, the committee shall develop
standards to meet the goals developed under subsection (1) of
this section. These standards shall not conflict with the recovery of wildlife or fish species that are listed or proposed for
listing under the federal endangered species act. These standards shall be utilized to the extent possible in development
of coordinated resource management plans to provide a level
of management that sustains and perpetuates renewable
resources, including fish and wildlife, riparian areas, soil,
water, timber, and forage for livestock and wildlife. Furthermore, the standards are recommended for application to
model watersheds designated by the Northwest power planning council in conjunction with the conservation commission. The maintenance and restoration of sufficient habitat to
preserve, protect, and perpetuate wildlife and fish shall be a
major component included in the standards and coordinated
resource management plans. Application of standards to privately owned lands is voluntary and may be dependent on
funds to provide technical assistance through conservation
districts.
(4) The conservation commission shall approve the standards and shall provide them to the departments of natural
resources and fish and wildlife, each of the conservation districts, and Washington State University cooperative extension service. The conservation districts shall make these standards available to the public and for coordinated resource
management planning. Application to private lands is voluntary.
(5) The department of natural resources shall implement
practices necessary to meet the standards developed pursuant
to this section on department managed agricultural and grazing lands, consistent with the trust mandate of the Washington state Constitution and Title 79 RCW. The standards may
be modified on a site-specific basis as needed to achieve the
fish and wildlife goals, and as determined by the department
of fish and wildlife, and the department of natural resources.
Existing lessees shall be provided an opportunity to participate in any site-specific field review. Department agricultural
and grazing leases issued after December 31, 1994, shall be
subject to practices to achieve the standards that meet those
developed pursuant to this section. [1998 c 245 § 162; 1993
sp.s. c 4 § 5. Formerly RCW 79.01.295.]
Findings—Grazing lands—1993 sp.s. c 4: See RCW 79.01.2951.
79.13.620
79.13.620 Purpose—Ecosystem standards. (1) It is
the purpose of chapter 163, Laws of 1996 that all state agri[2003 RCW Supp—page 958]
cultural lands, grazing lands, and grazeable woodlands shall
be managed in keeping with the statutory and constitutional
mandates under which each agency operates. Chapter 163,
Laws of 1996 is consistent with section 1, chapter 4, Laws of
1993 sp. sess.
(2) The ecosystem standards developed under chapter 4,
Laws of 1993 sp. sess. for state-owned agricultural and grazing lands are defined as desired ecological conditions. The
standards are not intended to prescribe practices. For this
reason, land managers are encouraged to use an adaptive
management approach in selecting and implementing practices that work towards meeting the standards based on the
best available science and evaluation tools.
(3) For as long as the chapter 4, Laws of 1993 sp. sess.
ecosystem standards remain in effect, they shall be applied
through a collaborative process that incorporates the following principles:
(a) The land manager and lessee or permittee shall look
at the land together and make every effort to reach agreement
on management and resource objectives for the land under
consideration;
(b) They will then discuss management options and
make every effort to reach agreement on which of the available options will be used to achieve the agreed-upon objectives;
(c) No land manager or owner ever gives up his or her
management prerogative;
(d) Efforts will be made to make land management plans
economically feasible for landowners, managers, and lessees
and to make the land management plan compatible with the
lessee's entire operation;
(e) Coordinated resource management planning is
encouraged where either multiple ownerships, or management practices, or both, are involved;
(f) The department of fish and wildlife shall consider
multiple use, including grazing, on lands owned or managed
by the department of fish and wildlife where it is compatible
with the management objectives of the land; and
(g) The department shall allow multiple use on lands
owned or managed by the department where multiple use can
be demonstrated to be compatible with RCW 79.10.100,
79.10.110, and 79.10.120.
(4) The ecosystem standards are to be achieved by applying appropriate land management practices on riparian lands
and on the uplands in order to reach the desired ecological
conditions.
(5) The legislature urges that state agencies that manage
grazing lands make planning and implementation of chapter
163, Laws of 1996, using the coordinated resource management and planning process, a high priority, especially where
either multiple ownerships, or multiple use resources objectives, or both, are involved. In all cases, the choice of using
the coordinated resource management planning process will
be a voluntary decision by all concerned parties including
agencies, private landowners, lessees, permittees, and other
interests. [2003 c 334 § 378; 1996 c 163 § 1. Formerly RCW
79.01.2955.]
Intent—2003 c 334: See note following RCW 79.02.010.
Mineral, Coal, Oil, and Gas Leases
Chapter 79.14 RCW
MINERAL, COAL, OIL, AND GAS LEASES
Chapter 79.14
(Formerly: Oil and gas leases on state lands)
PART 1
OIL AND GAS
79.14.080
79.14.090
79.14.100
79.14.110
79.14.120
79.14.130
79.14.140
79.14.150
79.14.180
79.14.190
79.14.200
79.14.210
79.14.220
Definitions.
Leases authorized—Terms—Duration.
Rental fees—Minimum royalties.
Compensation to owners of private rights and to state for surface damage.
Leases of land within a geologic structure.
Cancellation or forfeiture of leases—New leases.
Cooperative or unit plans—Communization or drilling agreements.
Customary provisions in leases.
Rules.
Wells to be located minimum distance from boundaries—
Exception.
Rights of way over public lands—Payment for timber.
Sales of timber—Rules.
Lands may be withheld from leasing.
Payment of royalty share—Royalty in kind.
Prior permits validated—Relinquishment for new leases.
Assignments and subleases of leases.
Appeal from rulings of commissioner.
PART 2
PROSPECTING AND MINING
79.14.300
79.14.310
79.14.315
79.14.320
79.14.330
79.14.340
79.14.350
79.14.360
79.14.370
79.14.380
79.14.390
79.14.400
79.14.410
79.14.420
79.14.430
79.14.440
79.14.450
Prospecting and mining contracts—Authority.
Prospecting and mining—Public auction of mining contracts.
Recreational prospecting permits.
Department may adopt rules.
Prospecting lease—Application fee.
Compensation for loss or damage to surface rights.
Prospecting leases—Term—Rent—Conditions.
Conversion to mining contract.
Prospecting and mining—Lessee's rights and duties.
Prospecting and mining—Termination for default.
Prospecting leases and mining contracts—Form, terms, conditions.
Prospecting and mining—Reclamation of premises.
Prospecting and mining—Minimum royalty.
Mining contracts—Renewal of contract.
Prospecting and mining—Consolidation.
Prospecting and mining—Disclosure of information.
Prospecting and mining—Disposition of materials not covered
by lease or contract.
PART 3
COAL MINING
79.14.470
79.14.480
79.14.490
79.14.500
79.14.510
79.14.520
79.14.530
79.14.540
79.14.550
79.14.560
79.14.570
79.14.580
Leases and option contracts authorized.
Application for option contract—Fee.
Investigation and issue of option contract.
Damage to surface owner or lessee.
Lease—Application, terms, royalties.
Lease without option contract.
Confidential information.
Use and sale of materials from land.
Suspension of mining—Termination of lease.
Condition of premises on termination.
Re-lease—Procedure—Preference rights.
Waste prohibited.
PART 1
OIL AND GAS
79.14.010
Intent—2003 c 334: See note following RCW 79.02.010.
1967 c 163 adopted to implement Amendment 42—Severability—
1967 c 163: See notes following RCW 64.16.005.
79.14.020
Sections
79.14.010
79.14.020
79.14.030
79.14.040
79.14.040
79.14.010 Definitions. As used in this chapter, "public
lands" means lands and areas belonging to or held in trust by
the state, including tide and submerged lands of the Pacific
Ocean or any arm thereof and lands of every kind and nature
including mineral rights reserved to the state. [2003 c 334 §
471; 1967 c 163 § 6; 1955 c 131 § 1. Prior: 1937 c 161 § 1.
Formerly RCW 78.28.280.]
79.14.020 Leases authorized—Terms—Duration.
The department is authorized to lease public lands for the
purpose of prospecting for, developing, and producing oil,
gas, or other hydrocarbon substances. Each such lease is to
be composed of not more than six hundred forty acres or an
entire government surveyed section, except a lease on river
bed, lake bed, tide and submerged lands which is to be composed of not more than one thousand nine hundred twenty
acres. All leases shall contain such terms and conditions as
may be prescribed by the rules adopted by the commissioner
in accordance with the provisions of this chapter. Leases
may be for an initial term of from five up to ten years and
shall be extended for so long thereafter as lessee shall comply
with one of the following conditions: (1) Prosecute development on the leased land with the due diligence of a prudent
operator upon encountering oil, gas, or other hydrocarbon
substances; (2) produce any of said substances from the
leased lands; (3) engage in drilling, deepening, repairing, or
redrilling any well thereon; or (4) participate in a unit plan to
which the commissioner has consented under RCW
78.52.450. [2003 c 334 § 472; 1986 c 34 § 1; 1985 c 459 § 2;
1955 c 131 § 2. Prior: 1937 c 161 §§ 2, 3; 1927 c 255 §§ 175,
176. Formerly RCW 78.28.290.]
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1985 c 459: See note following RCW 79.01.668.
79.14.030
79.14.030 Rental fees—Minimum royalties. The
department shall require as a prerequisite to the issuing of any
lease a rental as set by the board but not less than one dollar
and twenty-five cents per acre or such prorated share of the
rental per acre as the state's mineral rights ownership for the
first year of such lease, payable in advance to the department
at the time the lease is awarded and a like rental annually in
advance thereafter so long as such lease remains in force.
However, the rental shall cease at such time as royalty
accrues to the state from production from such lease. Commencing with the lease year beginning on or after oil, gas, or
other hydrocarbon substances are first produced in quantities
deemed paying quantities by lessee on the land subject to
such lease, lessee shall pay a minimum royalty as set by the
board but not less than five dollars per acre or fraction thereof
or such prorated share of the rental per acre as the state's mineral rights ownership at the expiration of each year. Royalties payable by the lessee shall be the royalties from production as provided for in RCW 79.14.070 or the minimum royalty provided herein, whichever is greater. However, if such
a lease is unitized, the minimum royalty shall be payable only
on the leased acreage after production is obtained in such
paying quantities from such lease. [2003 c 334 § 473; 1985 c
459 § 3; 1980 c 151 § 1; 1955 c 131 § 3. Prior: 1937 c 161 §
4; 1927 c 255 § 176. Formerly RCW 78.28.300.]
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1985 c 459: See note following RCW 79.01.668.
79.14.040
79.14.040 Compensation to owners of private rights
and to state for surface damage. No lessee shall commence
[2003 RCW Supp—page 959]
79.14.080
Title 79 RCW: Public Lands
any operation upon lands covered by the lease until such lessee has provided for compensation to owners of private rights
therein according to law, or in lieu thereof, filed a surety bond
with the department in an amount sufficient in the opinion of
the commissioner to cover such compensation until the
amount of compensation is determined by agreement, arbitration, or judicial decision and has provided for compensation
to the state of Washington for damage to the surface rights of
the state in accordance with the rules adopted by the department. [2003 c 334 § 474; 1955 c 131 § 4. Prior: 1937 c 161
§ 6; 1927 c 255 § 175. Formerly RCW 78.28.310.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.080
79.14.080 Leases of land within a geologic structure.
Oil and gas leases shall not be issued on unleased lands which
have been classified by the department as being within a
known geologic structure of a producing oil or gas field,
except as follows: Upon application of any person, the
department shall lease in areas not exceeding six hundred
forty acres, at public auction, any or all unleased lands within
such geologic structure to the person offering the greatest
cash bonus therefor at such auction. Notice of the offer of
such lands for lease will be given by publication in a newspaper of general circulation in Olympia, Washington, and in
such other publications as the department may authorize.
The first publication shall be at least thirty days prior to the
date of sale. [2003 c 334 § 475; 1955 c 131 § 8. Prior: 1937
c 161 §§ 5, 11. Formerly RCW 78.28.350.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.090
79.14.090 Cancellation or forfeiture of leases—New
leases. The department is authorized to cancel any lease
issued as provided in this section for nonpayment of rentals
or royalties or nonperformance by the lessee of any provision
or requirement of the lease. However, before any such cancellation is made, the department shall mail to the lessee by
registered mail, addressed to the post office address of such
lessee shown by the records of the department, a notice of
intention to cancel such lease specifying the default for which
the lease is subject to cancellation. If lessee shall, within
thirty days after the mailing of said notice to the lessee, commence and thereafter diligently and in good faith prosecute
the remedying of the default specified in such notice, then no
cancellation of the lease shall be entered by the department.
Otherwise, the cancellation shall be made and all rights of the
lessee under the lease shall automatically terminate, except
that lessee shall retain the right to continue its possession and
operation of any well or wells in regard to which lessee is not
in default. Further, failure to pay rental and royalty required
under leases within the time prescribed therein shall automatically and without notice work a forfeiture of such leases and
of all rights thereunder. Upon the expiration, forfeiture, or
surrender of any lease, no new lease covering the lands or any
of them embraced by such expired, forfeited, or surrendered
lease, shall be issued for a period of ten days following the
date of such expiration, forfeiture, or surrender. If more than
one application for a lease covering such lands or any of them
shall be made during such ten-day period the department
shall issue a lease to such lands or any of them to the person
offering the greatest cash bonus for such lease at a public auc[2003 RCW Supp—page 960]
tion to be held at the time and place and in the manner as the
department shall adopt by rule. [2003 c 334 § 476; 1955 c
131 § 9. Prior: 1937 c 161 § 12; 1927 c 255 § 179. Formerly
RCW 78.28.360.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.100
79.14.100 Cooperative or unit plans—Communization or drilling agreements. For the purpose of more properly conserving the natural resources of any oil or gas pool,
field, or like area, lessees thereon and their representatives
may unite with each other, or jointly or separately with others, in collectively adopting and operating under a cooperative or unit plan of development or operation of such pool,
field, or like area, or any part thereof, whenever determined
and certified by the department to be necessary or advisable
in the public interest. The department is authorized, in its discretion, with the consent of the holders of leases involved, in
order to conform with the terms and conditions of any such
cooperative or unit plan to establish, alter, change, or revoke
exploration, drilling, producing, rental, and royalty requirements of such leases with like consent on the part of the lessees, in connection with the institution and operation of any
such cooperative or unit plan as the department may deem
necessary or proper to secure the proper protection of the
public interest.
When separate tracts cannot be independently developed
and operated in conformity with an established well spacing
or development program, any lease or any portion thereof
may be pooled with other lands, whether or not owned by the
state of Washington under a communization or drilling agreement providing for an apportionment of production or royalties among the separate tracts of land comprising the drilling
or spacing unit when determined by the department to be in
the public interest, and operations or production pursuant to
such an agreement shall be deemed to be operations or production as to each such lease committed thereto.
The term of any lease that has become the subject of any
cooperative or unit plan of development or operation of a
pool, field, or like area, which plan has the approval of the
department, shall continue in force until the termination of
such plan, and in the event such plan is terminated prior to the
expiration of any such lease, the original term of such lease
shall continue. Any lease under this chapter hereinafter committed to any such plan embracing lands that are in part
within and in part outside of the area covered by any such
plan, shall be segregated in separate leases as to the lands
committed and the land not committed as of the effective date
of unitization. [2003 c 334 § 477; 1955 c 131 § 10. Prior:
1937 c 161 § 14. Formerly RCW 78.28.370.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.110
79.14.110 Customary provisions in leases. The
department is authorized to insert in any lease issued under
the provisions of this chapter such terms as are customary and
proper for the protection of the rights of the state and of the
lessee and of the owners of the surface of the leased lands not
in conflict with the provisions of this chapter. [2003 c 334 §
478; 1955 c 131 § 11. Prior: 1937 c 161 § 15; 1927 c 255 §
178. Formerly RCW 78.28.380.]
Intent—2003 c 334: See note following RCW 79.02.010.
Mineral, Coal, Oil, and Gas Leases
79.14.210
79.14.120
79.14.120 Rules. The department is required to adopt
and publish, for the information of the public, all reasonable
rules necessary for carrying out the provisions of this chapter.
The department may amend or rescind any rule adopted
under the authority contained in this section. However, no
rule or amendment of the same or any order rescinding any
rule shall become effective until after thirty days from the
adoption of the same by publication in a newspaper of general circulation published at the state capitol and shall take
effect and be in force at times specified therein. All rules of
the department and all amendments or revocations of existing
rules shall be recorded in an appropriate book or books, shall
be adequately indexed, and shall be kept in the office of the
department and shall constitute a public record. Such rules of
the department shall be printed in pamphlet form and furnished to the public free of cost. [2003 c 334 § 479; 1955 c
131 § 12. Prior: 1937 c 161 § 16; 1927 c 255 § 178. Formerly RCW 78.28.390.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.130
79.14.130 Wells to be located minimum distance
from boundaries—Exception. Each lease issued under this
chapter shall provide that without the approval of the department, no well shall be drilled on the lands demised thereby in
such manner or at such location that the producing interval
thereof shall be less than three hundred thirty feet from any of
the outer boundaries of the demised lands, except that if the
right to oil, gas, or other hydrocarbons underlying adjoining
lands be vested in private ownership, such approval shall not
be required. [2003 c 334 § 480; 1955 c 131 § 13. Prior: 1937
c 161 § 17. Formerly RCW 78.28.400.]
Intent—2003 c 334: See note following RCW 79.02.010.
c 131 § 15. Prior: 1937 c 161 § 19. Formerly RCW
78.28.420.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.180
79.14.180 Lands may be withheld from leasing.
Nothing contained in this chapter shall be construed as
requiring the department to offer any tract or tracts of land for
lease; but the department shall have power to withhold any
tract or tracts from leasing for oil, gas, or other hydrocarbons,
if, in its judgment, the best interest of the state will be served
by so doing. [2003 c 334 § 483; 1955 c 131 § 18. Prior: 1937
c 161 § 24. Formerly RCW 78.28.450.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.190
79.14.190 Payment of royalty share—Royalty in
kind. The lessee shall pay to the department the market value
at the well of the state's royalty share of oil and other hydrocarbons except gas produced and saved and delivered by lessee from the lease. In lieu of receiving payment for the market value of the state's royalty share of oil, the department
may elect that such royalty share of oil be delivered in kind at
the mouth of the wells into tanks provided by the department.
Lessee shall pay to the department the state's royalty share of
the sale price received by the lessee for gas produced and
saved and sold from the lease. If such gas is not sold but is
used by lessee for the manufacture of gasoline or other products, lessee shall pay to the department the market value of
the state's royalty share of the residue gas and other products,
less a proper allowance for extraction costs. [2003 c 334 §
484; 1955 c 131 § 19. Prior: 1937 c 161 § 25. Formerly
RCW 78.28.460.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.200
79.14.140
79.14.140 Rights of way over public lands—Payment
for timber. Any person granted a lease under the provisions
of this chapter shall have a right of way over public lands, as
provided by law, when necessary, for the drilling, recovering,
saving, and marketing of oil, gas, or other hydrocarbons.
Before any such right of way grant shall become effective, a
written application for, and a plat showing the location of
such a right of way and the land necessary for the well site
and drilling operations, with reference to adjoining lands,
shall be filed with the department. All timber on the right of
way and the land necessary for the drilling operation, shall be
appraised by the commissioner and paid for in money by the
person to whom the lease is granted. [2003 c 334 § 481; 1955
c 131 § 14. Prior: 1937 c 161 § 18. Formerly RCW
78.28.410.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.150
79.14.150 Sales of timber—Rules. All sales of timber,
as prescribed in this chapter, shall be made subject to the
right, power, and authority of the department to adopt rules
governing the manner of the removal of the merchantable
timber upon any lands embraced within any lease with the
view of protecting the same and other timber against destruction or injury by fire or from other causes. The rules shall be
binding upon the lessee, his or her successors in interest, and
shall be enforced by the department. [2003 c 334 § 482; 1955
79.14.200 Prior permits validated—Relinquishment
for new leases. All exploration permits issued by the department prior to June 9, 1955, which have not expired or been
legally canceled for nonperformance by the permittees, are
hereby declared to be valid and existing contracts with the
state of Washington, according to their terms and provisions.
The obligation of the state to conform to the terms and provisions of such permits is hereby recognized, and the department is directed to accept and recognize all such permits
according to their express terms and provisions. No repeal or
amendment made by this chapter shall affect any right
acquired under the law as it existed prior to such repeal or
amendment, and such right shall be governed by the law in
effect at time of its acquisition. Any permit recognized and
confirmed by this section may be relinquished to the state by
the permittee, and a new lease or, if such permit contains
more than six hundred forty acres, new leases in the form provided for in this chapter, shall be issued in lieu of same and
without bonus therefor; but the new lease or leases so issued
shall be as provided for in this chapter and governed by the
applicable provisions of this chapter instead of by the law in
effect prior thereto. [2003 c 334 § 485; 1955 c 131 § 20.
Prior: 1937 c 161 § 26. Formerly RCW 78.28.470.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.210
79.14.210 Assignments and subleases of leases. Any
oil or gas lease issued under the authority of this chapter may
[2003 RCW Supp—page 961]
79.14.220
Title 79 RCW: Public Lands
be assigned or subleased as to all or part of the acreage
included therein, subject to final approval by the department,
and as to either a divided or undivided interest therein to any
person. Any assignment or sublease shall take effect as of the
first day of the lease month following the date of filing with
the department. However, at the department's discretion, it
may disapprove an assignment of a separate zone or deposit
under any lease or of a part of a legal subdivision. Upon
approval of any assignment or sublease, the assignee or
sublessee shall be bound by the terms of the lease to the same
extent as if such assignee or sublessee were the original lessee, any conditions in the assignment or sublease to the contrary notwithstanding. Any partial assignment of any lease
shall segregate the assigned and retained portions thereof,
and upon approval of such assignment by the department, the
assignor shall be released and discharged from all obligations
thereafter accruing with respect to the assigned lands. [2003
c 334 § 486; 1955 c 131 § 21. Prior: 1937 c 161 § 27. Formerly RCW 78.28.480.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.220
79.14.220 Appeal from rulings of commissioner. Any
applicant for a lease under this chapter, feeling aggrieved by
any order, decision, or rule of the commissioner, concerning
the same, may appeal therefrom to the superior court of the
county wherein such lands are situated, as provided by RCW
79.02.030. [2003 c 334 § 487; 1955 c 131 § 22. Prior: 1937
c 161 § 28. Formerly RCW 78.28.490.]
Intent—2003 c 334: See note following RCW 79.02.010.
PART 2
PROSPECTING AND MINING
79.14.300
79.14.300 Prospecting and mining contracts—
Authority. The department may issue permits and leases for
prospecting, and contracts for the mining of valuable minerals and specified materials, except rock, gravel, sand, silt,
coal, or hydrocarbons, upon and from any public lands
belonging to or held in trust by the state, or which have been
sold and the minerals thereon reserved by the state in tracts
not to exceed six hundred forty acres or an entire government-surveyed section. [2003 c 334 § 401; 1987 c 20 § 1;
1965 c 56 § 2; 1927 c 255 § 155; RRS § 7797-155. Prior:
1917 c 148 § 1; 1915 c 152 § 1; 1897 c 102 § 1. Formerly
RCW 79.01.616, 78.20.010, part, and 78.20.020.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.310
79.14.310 Prospecting and mining—Public auction
of mining contracts. The department may offer nonrenewable placer mining contracts by public auction for the mining
of gold under terms set by the department. In the case of
lands known to contain valuable minerals or specified materials in commercially significant quantities, the department
may offer mining contracts by public auction. [2003 c 334 §
402; 1987 c 20 § 2. Formerly RCW 79.01.617.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.315
79.14.315 Recreational prospecting permits. The
department may issue permits for recreational mineral prospecting in designated areas containing noneconomic mineral
[2003 RCW Supp—page 962]
deposits. The term of a permit shall not exceed one year. Designated areas, equipment allowed, methods of prospecting, as
well as other appropriate permit conditions, shall be set in
rules adopted by the department. Fees shall be set by the
board of natural resources. [1987 c 20 § 15. Formerly RCW
79.01.651.]
79.14.320
79.14.320 Department may adopt rules. The department may adopt rules necessary for carrying out the mineral
leasing, contracting, and permitting provisions of RCW
79.14.300 through 79.14.450. Such rules shall be enacted
under chapter 34.05 RCW. The department may amend or
rescind any rules adopted under this section. The department
shall publish these rules in pamphlet form for the information
of the public. [2003 c 334 § 403; 1987 c 20 § 3; 1983 c 3 §
200; 1965 c 56 § 3. Formerly RCW 79.01.618.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.330
79.14.330 Prospecting lease—Application fee. Any
person desiring to obtain a lease for mineral prospecting purposes upon any lands in which the mineral rights are owned
or administered by the department, shall file in the proper
office of the department an application or applications therefor, upon the prescribed form, together with application fees.
The department may reject an application for a mineral prospecting lease when the department determines rejection to be
in the best interests of the state, and in such case shall inform
the applicant of the reason for rejection and refund the application fee. The department may also reject the application
and declare the application fee forfeited should the applicant
fail to execute the lease. [2003 c 334 § 404; 1987 c 20 § 4;
1965 c 56 § 4; 1927 c 255 § 156; RRS § 7797-156. Prior:
1917 c 148 § 2; 1901 c 151 §§ 1, 2; 1897 c 102 §§ 2, 5. Former ly RCW 79.01.620, 78.20.010, part, and RCW
78.20.030.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.340
79.14.340 Compensation for loss or damage to surface rights. Where the surface rights are held by a third
party, the lessee shall not exercise the rights reserved by the
state upon lands covered by the lessee's lease or contract until
the lessee has provided the department with satisfactory evidence of compliance with the requirements of the state's mineral rights reservations. Where the surface rights are held by
the state, the lessee shall not exercise its mineral rights upon
lands covered by the lessee's lease or contract until the lessee
has made satisfactory arrangements with the department to
compensate the state for loss or damage to the state's surface
rights. [1987 c 20 § 5; 1965 c 56 § 5; 1927 c 255 § 157; RRS
§ 7797-157. Prior: 1917 c 148 § 3; 1899 c 147 § 1; 1897 c
102 § 6. Formerly RCW 79.01.624, 78.20.040.]
79.14.350
79.14.350 Prospecting leases—Term—Rent—Conditions. Leases for prospecting purposes may be for a term of
up to seven years from the date of the lease. The lessee shall
pay an annual lease rental as set by the board of natural
resources. The annual lease rental shall be paid in advance.
The lessee shall not have the right to extract and remove for
commercial sale or use from the leased premises any minerals or specified materials found on the premises except upon
Mineral, Coal, Oil, and Gas Leases
79.14.410
79.14.370
obtaining a mining contract. The lessee shall perform annual
prospecting work in cost amounts as set by the board of natural resources. The lessee may make payment to the department in lieu of the performance of annual prospecting work
for up to three years during the term of the lease. Prospecting
work performed must contribute to the mineral evaluation of
the leased premises.
The lessee may at any time give notice of intent to terminate the lease if all of the covenants of the lease including reclamation are met. The notice of termination of lease shall be
made by giving written notice together with copies of all
information obtained from the premises. The lease shall terminate sixty days thereafter if all arrears and sums which are
due under the lease up to the time of termination have been
paid. [1987 c 20 § 6; 1965 c 56 § 6; 1945 c 103 § 1; 1927 c
255 § 158; RRS § 7797-158. Prior: 1897 c 102 §§ 4, 5. Formerly RCW 79.01.628, 78.20.050.]
79.14.360
79.14.360 Conversion to mining contract. The holder
of any prospecting lease shall have a preference right to a
mining contract on the premises described in the lease if
application therefor is made to the department at least one
hundred eighty days prior to the expiration of the prospecting
lease.
A lessee applying for a mining contract shall furnish
plans for development leading toward production. The plans
shall address the reclamation of the property. A mining contract shall be for a term of twenty years.
The first year of the contract and each year thereafter, the
lessee shall perform development work in cost amounts as set
by the board. The lessee may make payment to the department in lieu of development work.
The lessee may at any time give notice of intent to terminate the contract if all of the covenants of the contract including reclamation are met. The notice of termination of contract shall be made by giving written notice together with
copies of all information obtained from the premises. The
contract shall terminate sixty days thereafter if all arrears and
sums which are due under the contract up to the time of termination have been paid.
The lessee shall have sixty days from the termination
date of the contract in which to remove improvements, except
those necessary for the safety and maintenance of mine workings, from the premises without material damage to the land
or subsurface covered by the contract. However, the lessee
shall upon written request to the department be granted an
extension where forces beyond the control of the lessee prevent removal of the improvements within sixty days.
Any lessee not converting a prospecting lease to a mining contract shall not be entitled to a new prospecting lease
on the lease premises for one year from the expiration date of
the prior lease. Such lands included in the prospecting lease
shall be open to application by any person other than the prior
lessee, and the lessee's agents or associates during the year
period described above. [2003 c 334 § 405; 1987 c 20 § 7;
1965 c 56 § 7; 1927 c 255 § 159; RRS § 7797-159. Prior:
1901 c 151 § 4. Formerly RCW 79.01.632, 78.20.060.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.370 Prospecting and mining—Lessee's rights
and duties. Where the surface rights have been sold and the
minerals retained by the state, the state's right of entry to
these lands is transferred and assigned to the lessee during the
life of the lease or contract. No lessee shall commence any
operation upon lands covered by his or her lease or contract
until the lessee has complied with RCW 79.14.340. [2003 c
334 § 406; 1987 c 20 § 8; 1965 c 56 § 8. Formerly RCW
79.01.633.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.380
79.14.380 Prospecting and mining—Termination for
default. The department shall terminate and cancel a prospecting lease or mining contract upon failure of the lessee to
make payment of the annual rental or royalties or comply
with the terms and conditions of the lease or contract upon
the date such payments and compliances are due. The lessee
shall be notified of such termination and cancellation, said
notice to be mailed to the last known address of the lessee.
Termination and cancellation shall become effective thirty
days from the date of mailing the notice. However, the
department may, upon written request from the lessee, grant
an extension of time in which to make such payment or comply with the terms and conditions. [2003 c 334 § 407; 1987 c
20 § 9; 1965 c 56 § 9. Formerly RCW 79.01.634.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.390
79.14.390 Prospecting leases and mining contracts—
Form, terms, conditions. Prospecting leases or mining contracts referred to in chapter 79.14 RCW shall be as prescribed
by, and in accordance with rules adopted by the department.
The department may include in any mineral prospecting
lease or mining contract to be issued under this chapter such
terms and conditions as are customary and proper for the protection of the rights of the state and of the lessee not in conflict with this chapter, or rules adopted by the department.
Any lessee shall have the right to contract with others to
work or operate the leased premises or any part thereof or to
subcontract the same and the use of the land or any part
thereof for the purpose of mining for valuable minerals or
specified materials, with the same rights and privileges
granted to the lessee. Notice of such contracting or subcontracting with others to work or operate the property shall be
made in writing to the department. [2003 c 334 § 408; 1987
c 20 § 10; 1965 c 56 § 11; 1927 c 255 § 161; RRS § 7797-161.
Prior: 1917 c 148 § 3; 1899 c 147 § 1; 1897 c 102 § 6. Formerly RCW 79.01.640, 78.20.080.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.400
79.14.400 Prospecting and mining—Reclamation of
premises. At time of termination for any mineral prospecting lease, permit, mining contract, or placer mining contract,
the premises shall be reclaimed in accordance with plans
approved by the department. [1987 c 20 § 11. Formerly
RCW 79.01.642.]
79.14.410
79.14.410 Prospecting and mining—Minimum royalty. Mining contracts entered into as provided in chapter
79.14 RCW shall provide for the payment to the state of production royalties as set by the board. A lessee shall pay in
[2003 RCW Supp—page 963]
79.14.420
Title 79 RCW: Public Lands
advance annually a minimum royalty which shall be set by
the board. The minimum royalty shall be allowed as a credit
against production royalties due during the contract year.
[2003 c 334 § 409; 1987 c 20 § 12; 1965 c 56 § 12; 1959 c 257
§ 38; 1945 c 103 § 2; 1927 c 255 § 162; Rem. Supp. 1945 §
7797-162. Prior: 1917 c 148 § 4; 1901 c 151 § 3; 1897 c 89
§ 7. Formerly RCW 79.01.644, 78.20.090.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.420
79.14.420 Mining contracts—Renewal of contract.
The lessee may apply for the renewal of a mining contract,
except placer mining contracts issued pursuant to RCW
79.14.310, to the department within ninety days before the
expiration of the contract. Upon receipt of the application,
the department shall make the necessary investigation to
determine whether the terms of the contract have been complied with, and if the department finds they have been complied with in good faith, the department shall renew the contract. The terms and conditions of the renewal contract shall
remain the same except for royalty rates, which shall be
determined by reference to then existing law. [2003 c 334 §
410; 1987 c 20 § 13. Formerly RCW 79.01.645.]
Intent—2003 c 334: See note following RCW 79.02.010.
land during the period covered by the lease or contract. The
state shall also have the right to enter upon such land and
remove same, and shall not be obliged to withhold from any
sale any timber for prospecting or mining purposes. The lessee shall, upon payment to the department, have the right to
cut and use timber found on the leased premises for mining
purposes as provided in rules adopted by the department.
[2003 c 334 § 413; 1987 c 20 § 14; 1965 c 56 § 15. Formerly
RCW 79.01.650.]
Intent—2003 c 334: See note following RCW 79.02.010.
PART 3
COAL MINING
79.14.470
79.14.470 Leases and option contracts authorized.
The department is authorized to execute option contracts and
leases for the mining and extraction of coal from any public
lands of the state, or to which it may hereafter acquire title, or
from any lands sold or leased by the state the minerals of
which have been reserved by the state. [2003 c 334 § 414;
1927 c 255 § 163; RRS § 7797-163. Prior: 1925 ex.s. c 155
§ 1. Formerly RCW 79.01.652, 78.24.010.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.430
79.14.430 Prospecting and mining—Consolidation.
The holders of two or more mining contracts may consolidate
the contracts under a common management to permit proper
operation of large scale developments. Notification of such
consolidation shall be made to the department, together with
a statement of plans of operation and proposed consolidation.
The department may thereafter make examinations and
investigations and if it finds that such consolidation is not in
the best interest of the state, it shall disapprove such consolidated operation. [2003 c 334 § 411; 1965 c 56 § 13; 1945 c
103 § 3 (adding a new section to 1927 c 255, section 162-1);
Rem. Supp. 1945 § 7797-162a. Formerly RCW 79.01.648,
78.20.100.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.440
79.14.440 Prospecting and mining—Disclosure of
information. Any person designated by the department shall
have the right at any time to enter upon the lands and inspect
and examine the structures, works, and mines situated
thereon, and shall also have the right to examine such books,
records, and accounts of the lessee as are directly connected
with the determination of royalties on the property under
lease from the state but it shall be unlawful for any person so
appointed to disclose any information thus obtained to any
person other than the departmental officials and employees,
except the attorney general and prosecuting attorneys of the
state. [2003 c 334 § 412; 1965 c 56 § 14. Formerly RCW
79.01.649.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.450
79.14.450 Prospecting and mining—Disposition of
materials not covered by lease or contract. The state shall
have the right to sell or otherwise dispose of any surface
resource, timber, rock, gravel, sand, silt, coal, or hydrocarbons, except minerals or materials specifically covered by a
mineral prospecting lease or mining contract, found upon the
[2003 RCW Supp—page 964]
79.14.480
79.14.480 Application for option contract—Fee. Any
citizen of the United States believing coal to exist upon any
of the lands described in RCW 79.14.470 may apply to the
department for an option contract for any amount not exceeding one section for prospecting purposes, such application to
be made by legal subdivision according to the public land
surveys. The applicant shall pay to the department, at the
time of filing the application, the sum of one dollar an acre
for the lands applied for, but in no case less than fifty dollars.
In case of the refusal of the department to execute an option
contract for the lands, any remainder of the sum so paid, after
deducting the expense incurred by the department in investigating the character of the land, shall be returned to the applicant. [2003 c 334 § 415; 1927 c 255 § 164; RRS § 7797-164.
Prior: 1925 ex.s. c 155 § 2. Formerly RCW 79.01.656,
78.24.020.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.490
79.14.490 Investigation and issue of option contract.
(1) Upon the filing of any such application, the department
shall forthwith investigate the character of the lands applied
for, and if, from such investigation, it deems it to be in the
best interests of the state, it shall enter into an option contract
with the applicant.
(2) The holder of any option contract shall be entitled,
during the period of one year from the date thereof, to:
(a) Enter upon the lands and carry on such work of
exploration, examination, and prospecting for coal as may be
necessary to determine the presence of coal upon the lands
and the feasibility of mining the same; and
(b) Use such timber found upon the lands and owned by
the state as may be necessary for steam purposes and timbering in the examination and prospecting of such lands. However, this provision shall not be construed to require the state
to withhold any such timber from sale.
Mineral, Coal, Oil, and Gas Leases
(3) No coal shall be removed from such lands during the
period of such option contract except for samples and testing.
(4) At the expiration of the option contract, the applicant
shall fill or cover in a substantial manner all prospect holes
and shafts, or surround the same with substantial fences, and
shall file with the department a report showing in detail the
result of the applicant's investigation and prospecting. [2003
c 334 § 416; 1927 c 255 § 165; RRS § 7797-165. Prior: 1925
ex.s. c 155 § 3. Formerly RCW 79.01.660, 78.24.030.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.500
79.14.500 Damage to surface owner or lessee. In the
case of lands which the state may have sold or leased and
reserved the mineral rights therein, if the holder of any option
contract or lease is unable to agree with the owner or prior
lessee of the lands, the holder shall have a right of action in
the superior court of the county in which the land is situated
to ascertain and determine the amount of damages which will
accrue to such owner or lessee of the land by reason of the
entry thereon and prospecting for or mining coal, as the case
may be. In the event of any such action, the term of the
option contract or lease shall begin thirty days after the entry
of the final judgment in such action. [2003 c 334 § 417; 1927
c 255 § 166; RRS § 7797-166. Prior: 1925 ex.s. c 155 § 4.
Formerly RCW 79.01.664, 78.24.070.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.510
79.14.510 Lease—Application, terms, royalties. At
any time during the life of the option contract, the holder
thereof may apply to the department for a coal mining lease
of the lands included therein, or such portion thereof as the
holder may specify, for the purpose of mining and extraction
of coal therefrom. Such coal mining lease shall be for such
term, not more than twenty years, and in such form as may be
prescribed by the department, shall entitle the lessee to mine
and sell and dispose of all coal underlying said lands and to
occupy and use so much of the surface thereof as may be necessary for bunkers and other outside works, and for railroads,
buildings, appliances, and appurtenances in connection with
the mining operations. Such lease shall provide for the payment to the state of a royalty, according to the grade of coal,
for each ton of two thousand pounds of merchantable coal
taken from the lands, as follows: For lignite coal of the class
commonly found in Lewis and Thurston counties, not less
than ten cents per ton; for subbituminous coal, not less than
fifteen cents per ton; for high grade bituminous and coking
coals, not less than twenty cents per ton; but such lease shall
provide for the payment each year of a minimum royalty of
not less than one nor more than ten dollars an acre for the
lands covered thereby. However, the department may agree
with the lessee that said minimum royalty shall be graduated
for the different years of said lease so that a lower minimum
royalty shall be paid during the earlier years of the term. The
minimum royalty fixed in the lease shall be paid in advance
each year, and the lessee, at stated periods during the term of
the lease, fixed by the department, shall furnish to the department a written report under oath showing the amount of merchantable coal taken from the land during the period covered
by such report and shall remit therewith such sum in excess
of the minimum royalty theretofore paid for the current year
79.14.540
as may be payable as royalty for the period covered by such
report.
The department shall incorporate in every lease such
provisions and conditions not inconsistent with the provisions of this chapter and not inconsistent with good coal mining practice as it deems necessary and proper for the protection of the state, and, in addition thereto, the department is
empowered to adopt such rules, not inconsistent with this
chapter and not inconsistent with good mining practice, governing the manner and methods of mining as in its judgment
are necessary and proper. [2003 c 334 § 418; 1985 c 459 § 1;
1927 c 255 § 167; RRS § 7797-167. Prior: 1925 ex.s. c 155
§ 5. Formerly RCW 79.01.668, 78.24.040.]
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1985 c 459: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 459 § 10.]
79.14.520
79.14.520 Lease without option contract. In the case
of lands known to contain workable coal, the department
may, in its discretion, issue coal mining leases under the provisions of RCW 79.14.510 although no option contract has
been theretofore issued for such lands. [2003 c 334 § 419;
1927 c 255 § 168; RRS § 7797-168. Prior: 1925 ex.s. c 155
§ 6. Formerly RCW 79.01.672, 78.24.050.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.530
79.14.530 Confidential information. The commissioner or any person designated by the commissioner has the
right at any time to enter upon the lands and inspect and
examine the structures, works, and mines situated thereon,
and also has the right to examine such books, records, and
accounts of the lessee as are directly connected with the operation of the mine on the property under lease from the state;
but it shall be unlawful for the commissioner or any person so
appointed to disclose any information thus obtained to any
person other than the commissioner or an employee of the
department, except the attorney general and prosecuting
attorneys of the state. [2003 c 334 § 420; 1927 c 255 § 169;
RRS § 7797-169. Prior: 1925 ex.s. c 155 § 7. Formerly
RCW 79.01.676, 78.24.060.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.540
79.14.540 Use and sale of materials from land. The
state shall have the right to sell or otherwise dispose of any
timber, stone, or other valuable materials, except coal, found
upon the land during the period covered by any option contract, or lease issued under the foregoing provisions, with the
right to enter upon such lands and cut and remove the same,
and shall not be obliged to withhold from sale any timber for
coal mining or prospecting purposes. However, the lessee
shall be permitted to use in mining operations any timber
found upon the land, first paying therefor to the department
the value thereof as fixed by the department. Further, any bill
of sale for the removal of timber, stone, or other material
given subsequent to the coal lease shall contain provisions
preventing any interference with the operations of the coal
lease. [2003 c 334 § 421; 1927 c 255 § 170; RRS § 7797-170.
Prior: 1925 ex.s. c 155 § 8. Formerly RCW 79.01.680,
78.24.080.]
[2003 RCW Supp—page 965]
79.14.550
Title 79 RCW: Public Lands
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.550
79.14.550 Suspension of mining—Termination of
lease. Should the lessee for any reason, except strikes or
inability to mine or dispose of output without loss, suspend
mining operations upon the lands included in a lease, or upon
any contiguous lands operated by the lessee in connection
therewith, for a period of six months, or should the lessee for
any reason suspend mining operations upon the lands
included in a lease or in such contiguous lands for a period of
twelve months, the department may, at its option, cancel the
lease, first giving thirty days' notice in writing to the lessee.
The lessee shall have the right to terminate the lease after
thirty days' written notice to the department and the payment
of all royalties and rentals then due. [2003 c 334 § 422; 1927
c 255 § 171; RRS § 7797-171. Prior: 1925 ex.s. c 155 § 9.
Formerly RCW 79.01.684, 78.24.090.]
Intent—2003 c 334: See note following RCW 79.02.010.
to commit any waste upon the lands embraced therein, except
as may be incident to the work of prospecting or mining by
the option contract holder or lessee. [2003 c 334 § 425; 1927
c 255 § 174; RRS § 7797-174. Prior: 1925 ex.s. c 155 § 12.
Formerly RCW 79.01.696, 78.24.120.]
Intent—2003 c 334: See note following RCW 79.02.010.
Chapter 79.15
Sections
PART 1
GENERAL PROVISIONS
79.15.010
79.15.020
79.15.030
79.15.040
79.15.045
79.15.050
79.15.055
79.15.060
79.14.560
79.14.560 Condition of premises on termination.
Upon the termination of any lease issued under the foregoing
provisions, the lessee shall surrender the lands and premises
and leave in good order and repair all shafts, slopes, airways,
tunnels, and watercourses then in use. Unless the coal therein
is exhausted, the lessee shall also, as far as it is reasonably
practicable so to do, leave open to the face all main entries
then in use so that the work of further development and operation may not be unnecessarily hampered. The lessee shall
also leave on the premises all buildings and other structures,
but shall have the right to, without damage to such buildings
and structures, remove all tracks, machinery, and other personal property. [2003 c 334 § 423; 1927 c 255 § 172; RRS §
7797-172. Prior: 1925 ex.s. c 155 § 10. Formerly RCW
79.01.688, 78.24.100.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.15.070
79.15.080
79.15.090
79.15.100
79.15.110
79.15.120
79.15.130
79.15.140
79.15.150
Intent—2003 c 334: See note following RCW 79.02.010.
79.14.580
79.14.580 Waste prohibited. It shall be unlawful for
the holder of any coal mining option contract, or any lessee,
[2003 RCW Supp—page 966]
Valuable materials sold separately.
Duties of department.
Rules or procedures for removal of valuable materials sold.
Sale of valuable materials without application or deposit.
Who may purchase—Fee.
Type of sale—Direct sales.
Appraisal—Defined.
Date of sale limited by time of appraisal—Transfer of authority.
Time and date of sale.
Advertising sales of valuable materials.
Advertisement for informational purposes only.
Terms and conditions of sale.
Conduct of sales.
Confirmation of sale.
Bill of sale.
Valuable materials contract—Impracticable to perform/cancellation—Substitute valuable materials.
Reoffer.
PART 2
DAMAGED TIMBER
79.15.210
79.15.220
Findings—Damage to timber.
Sale of damaged valuable materials.
PART 3
ROCK, GRAVEL, ETC., SALES
79.15.300
79.15.320
Contracts—Forfeiture—Royalties—Monthly reports.
Road material—Sale to public authorities—Disposition of
proceeds.
PART 4
FIREWOOD
79.14.570
79.14.570 Re-lease—Procedure—Preference rights.
If at the expiration of any lease for the mining and extraction
of coal or any renewal thereof the lessee desires to re-lease
the lands covered thereby, the lessee may make application to
the department for a re-lease. Such application shall be in
writing and under oath, setting forth the extent, character, and
value of all improvements, development work, and structures
existing upon the land. The department may on the filing of
such application cause the lands to be inspected, and if the
department deems it for the best interests of the state to release said lands, it shall fix the royalties for the ensuing term
in accordance with the foregoing provisions relating to original leases, and issue to the applicant a renewal lease for a further term; such application for a release when received from
the lessee, or successor of any lessee, who has in good faith
developed and improved the property in a substantial manner
during the original lease to be given preference on equal
terms against the application of any new applicant. [2003 c
334 § 424; 1927 c 255 § 173; RRS § 7797-173. Prior: 1925
ex.s. c 155 § 11. Formerly RCW 79.01.692, 78.24.110.]
Chapter 79.15 RCW
SALE OF VALUABLE MATERIALS
79.15.400
79.15.410
79.15.420
79.15.430
79.15.440
License to remove firewood authorized.
Removal only for personal use.
Issuance of license—Fee.
Removal of firewood without charge.
Penalty.
PART 5
CONTRACT HARVESTING
79.15.500
79.15.510
79.15.520
79.15.530
Contract harvesting—Definitions.
Contract harvesting—Program established.
Contract harvesting revolving account.
Contract harvesting—Special appraisal practices.
PART 1
GENERAL PROVISIONS
79.15.010
79.15.010 Valuable materials sold separately. (1)
Valuable materials situated upon state lands and state forest
lands may be sold separate from the land, when in the judgment of the department, it is for the best interest of the state
so to sell the same.
(2) Sales of valuable materials from any university lands
require:
(a) The consent of the board of regents of the University
of Washington; or
Sale of Valuable Materials
(b) Legislative directive.
(3) When application is made for the purchase of any
valuable materials, the department shall appraise the value of
the valuable materials if the department determines it is in the
best interest of the state to sell. No valuable materials shall
be sold for less than the appraised value thereof. [2003 c 334
§ 331; 2001 c 250 § 3; 1982 1st ex.s. c 21 § 154; 1959 c 257
§ 12; 1929 c 220 § 1; 1927 c 255 § 31; RRS § 7797-31. Prior:
1915 c 147 § 2; 1909 c 223 § 3; 1907 c 256 § 6; 1901 c 148 §
1; 1899 c 129 § 1; 1897 c 89 § 12; 1895 c 178 § 23. Formerly
RCW 79.01.124, 79.12.100.]
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
Forests and forest products: Title 76 RCW.
79.15.020
79.15.020 Duties of department. (1) The department
shall exercise general supervision and control over the sale of
valuable materials.
(2) The department shall maintain all reports, data, and
information in its records pertaining to a proposed sale.
(3) The department may hold a sale in abeyance pending
further inspection and report and may cause such further
inspection and report.
(4) The department shall determine, based on subsection
(2) of this section, and if necessary the information provided
under subsection (3) of this section, the terms upon which the
proposed sales are consummated. [2003 c 334 § 319.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.15.030
79.15.030 Rules or procedures for removal of valuable materials sold. All sales of valuable materials upon
state lands and state forest lands shall be made subject to the
right, power, and authority of the department to prescribe
rules or procedures governing the manner of the sale and
removal of the valuable materials. Such procedures shall be
binding when contained within a purchaser's contract for
valuable materials and apply to the purchaser's successors in
interest and shall be enforced by the department. [2003 c 334
§ 339; 2001 c 250 § 5; 1959 c 257 § 15; 1927 c 255 § 40; RRS
§ 7797-40. Prior: 1915 c 147 § 2; 1909 c 223 § 3; 1907 c 256
§ 6; 1901 c 148 § 1; 1899 c 129 § 1; 1897 c 89 § 12; 1895 c
178 § 23. Formerly RCW 79.01.160, 79.12.190.]
Intent—2003 c 334: See note following RCW 79.02.010.
Forest protection: Chapter 76.04 RCW.
79.15.040
79.15.040 Sale of valuable materials without application or deposit. The department may cause valuable materials on state lands and state forest lands to be inspected and
appraised and offered for sale when authorized by the board
without an application having been filed, or deposit made, for
the purchase of the same. [2003 c 334 § 341; 1961 c 73 § 2;
1959 c 257 § 17; 1927 c 255 § 42; RRS § 7797-42. Prior:
1915 c 147 § 2. Formerly RCW 79.01.168, 79.12.210.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.15.045
79.15.045 Who may purchase—Fee. A person desiring to purchase valuable materials may make application to
the department on forms provided by the department and
79.15.070
accompanied by the fee provided in RCW 79.02.250. [2003
c 334 § 312.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.15.050
79.15.050 Type of sale—Direct sales. (1) All sales of
valuable materials exceeding twenty thousand dollars in
appraised value must be at public auction or by sealed bid to
the highest bidder, provided that on public lands granted to
the state for educational purposes sealed bids may be
accepted for sales of timber or stone only.
(2) A direct sale of valuable materials may be sold to the
applicant for cash at full appraised value without notice or
advertising. The board must, by resolution, establish the
value amount of a direct sale not to exceed twenty thousand
dollars in appraised sale value, and establish procedures to
ensure that competitive market prices and accountability are
guaranteed. [2003 c 334 § 353.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.15.055
79.15.055 Appraisal—Defined. For the purposes of
this chapter, "appraisal" means an estimate of the market
value of land or valuable materials. The estimate must reflect
the value based on market conditions at the time of the sale or
transfer offering. The appraisal must reflect the department's
best effort to establish a reasonable market value for the purpose of setting a minimum bid at auction or transfer. A purchaser of state lands or valuable materials may not rely upon
the appraisal prepared by the department for purposes of
deciding whether to make a purchase from the department.
All purchasers are required to make their own independent
appraisals. [2003 c 334 § 309; 2001 c 250 § 10. Formerly
RCW 79.01.082.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.15.060
79.15.060 Date of sale limited by time of appraisal—
Transfer of authority. (1) For the sale of valuable materials
under this chapter, if the board is required by law to appraise
the sale, the board must establish a minimum appraisal value
that is valid for a period of one hundred eighty days, or a
longer period as may be established by resolution. The board
may reestablish the minimum appraisal value at any time.
For any valuable materials sales that the board is required by
law to appraise, the board may by resolution transfer this
authority to the department.
(2) Where the board has set a minimum appraisal value
for a valuable materials sale, the department may set the final
appraisal value of valuable materials for auction, which must
be equal to or greater than the board's minimum appraisal
value. The department may also appraise any valuable materials sale not required by law to be approved by the board.
[2003 c 334 § 329.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.15.070
79.15.070 Time and date of sale. It is the duty of the
department to fix the date, time, and place of sale.
(1) All valuable materials shall have been appraised prior
to the date fixed for sale as prescribed in RCW 79.15.060.
(2) No sale may be conducted on any day that is a legal
holiday.
[2003 RCW Supp—page 967]
79.15.080
Title 79 RCW: Public Lands
(3) Sales must be held between the hours of 10:00 a.m.
and 4:00 p.m. If all sales cannot be offered within this time
period, the sale must continue on the following day between
the hours of 10:00 a.m. and 4:00 p.m.
(4) Sales must take place:
(a) At the department's regional office having jurisdiction over the respective sale; or
(b) On county property designated by the board of
county commissioners or county legislative authority of the
county in which the whole or majority of valuable materials
are situated. [2003 c 334 § 350.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.15.080
79.15.080 Advertising sales of valuable materials. (1)
Sales, other than direct sales, appraised at an amount not
exceeding one hundred thousand dollars, when authorized by
the board for sale, shall be advertised by publishing not less
than ten days prior to sale a notice of such sale in a newspaper
of general circulation located nearest to the property from
which the valuable material is to be sold.
(2) All other proposed sales of valuable materials must
be advertised through individual notice of sale and publication of a statewide list of sales.
(a) The notice of sale:
(i) Must specify the place, date, and time of sale, the
appraised value thereof, and describe with particularity each
parcel of land from which valuable materials are to be sold.
The estimated volume will be identified and the terms of sale
will be available in the region headquarters and the department's Olympia office;
(ii) May prescribe that the bid deposit required in RCW
79.15.110 be considered an opening bid;
(iii) Must be published not less than two times during a
four-week period prior to the time of sale in at least one newspaper of general circulation where the material is located; and
(iv) Must be posted in a conspicuous place in the department's Olympia office and in the region headquarters administering the sale, and in the office of the county auditor of the
county where the material is located.
(b) The department shall print a list of all valuable material on public lands that are to be sold. The list should be
organized by county and by alphabetical order.
(i) The list should be published in a pamphlet form,
issued at least four weeks prior to the date of any sale and
provide sale information to prospective buyers.
(ii) The department must retain for free distribution in
the Olympia office and the region offices sufficient copies of
the pamphlet, to be kept in a conspicuous place, and, when
requested to do so, must mail copies of the pamphlet as issued
to any requesting applicant.
(iii) The department may seek additional means of publishing the information in the pamphlet, such as on the internet, to increase the number of prospective buyers.
(3) The department is authorized to expend any sum in
additional advertising of the sales as it deems necessary.
[2003 c 334 § 347.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.15.090
79.15.090 Advertisement for informational purposes
only. The advertisement of sales is for informational pur[2003 RCW Supp—page 968]
poses only, and under no circumstances does the information
in the notice of sale constitute a warranty that the purchaser
will receive the stated values, volumes, or acreage. All purchasers are expected to make their own measurements, evaluations, and appraisals. [2003 c 334 § 345.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.15.100
79.15.100 Terms and conditions of sale. (1) Valuable
materials may be sold separately from the land as a "lump
sum sale" or as a "scale sale."
(a) "Lump sum sale" means any sale offered with a single total price applying to all the material conveyed.
(b) "Scale sale" means any sale offered with per unit
prices to be applied to the material conveyed.
(2) Payment for lump sum sales must be made as follows:
(a) Lump sum sales under five thousand dollars
appraised value require full payment on the day of sale.
(b) Lump sum sales appraised at over five thousand dollars but under one hundred thousand dollars may require full
payment on the day of sale.
(c) Lump sum sales requiring full payment on the day of
sale may be paid in cash or by certified check, cashier's
check, bank draft, or money order, all payable to the department.
(3) Except for sales paid in full on the day of sale or sales
with adequate bid bonds, an initial deposit not to exceed
twenty-five percent of the actual or projected purchase price
shall be made on the day of sale.
(a) Sales with bid bonds are subject to the day of sale
payment and replacement requirements prescribed by RCW
79.15.110.
(b) The initial deposit must be maintained until all contract obligations of the purchaser are satisfied. However, all
or a portion of the initial deposit may be applied as the final
payment for the valuable materials in the event the department determines that adequate security exists for the performance or fulfillment of any remaining obligations of the purchaser under the sale contract.
(4) Advance payments or other adequate security acceptable to the department is required for valuable materials sold
on a scale sale basis or a lump sum sale not requiring full payment on the day of sale.
(a) The purchaser must notify the department before any
operation takes place on the sale site.
(b) Upon notification as provided in (a) of this subsection, the department must require advanced payment or may
allow purchasers to submit adequate security.
(c) The amount of advanced payments or security must
be determined by the department and must at all times equal
or exceed the value of timber cut and other valuable materials
processed or removed until paid for.
(d) Security may be bank letters of credit, payment
bonds, assignments of savings accounts, assignments of certificates of deposit, or other methods acceptable to the department as adequate security.
(5) All valuable material must be removed from the sale
area within the period specified in the contract.
(a) The specified period may not exceed five years from
date of purchase except for stone, sand, gravel, fill material,
or building stone.
Sale of Valuable Materials
(b) The specified period for stone, sand, gravel, fill material, or building stone may not exceed thirty years.
(c) In all cases, any valuable material not removed from
the land within the period specified in the contract reverts to
the state.
(6) The department may extend a contract beyond the
normal termination date specified in the sale contract as the
time for removal of valuable materials when, in the department's judgment, the purchaser is acting in good faith and
endeavoring to remove the materials. The extension is contingent upon payment of the fees specified below.
(a) The extended time for removal shall not exceed:
(i) Forty years from date of purchase for stone, sand,
gravel, fill material, or building stone;
(ii) A total of ten years beyond the original termination
date for all other valuable materials.
(b) An extension fee fixed by the department will be
charged based on the estimated loss of income per acre to the
state resulting from the granting of the extension plus interest
on the unpaid portion of the contract. The board must periodically fix and adopt by rule the interest rate, which shall not
be less than six percent per annum.
(c) The sale contract shall specify:
(i) The applicable rate of interest as fixed at the day of
sale and the maximum extension payment; and
(ii) The method for calculating the unpaid portion of the
contract upon which interest is paid.
(d) The minimum extension fee is fifty dollars per extension plus interest on the unpaid portion of the contract.
(e) Moneys received for any extension must be credited
to the same fund in the state treasury as was credited the original purchase price of the valuable material sold.
(7) The department may, in addition to any other securities, require a performance security to guarantee compliance
with all contract requirements. The security is limited to
those types listed in subsection (4) of this section. The value
of the performance security will, at all times, equal or exceed
the value of work performed or to be performed by the purchaser.
(8) Any time that the department sells timber by contract
that includes a performance bond, the department must
require the purchaser to present proof of any and all property
taxes paid prior to the release of the performance bond.
Within thirty days of payment of taxes due by the timber purchaser, the county treasurer must provide certified evidence
of property taxes paid, clearly disclosing the sale contract
number.
(9) The provisions of this section apply unless otherwise
provided by statute. [2003 c 334 § 334.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.15.110
79.15.110 Conduct of sales. (1) Sales of valuable materials must be conducted under the direction of the department
or its authorized representative.
(a) Sales of valuable materials, unless otherwise provided in this chapter, shall be at public auction or by sealed
bid to the highest bidder, except that, on public lands granted
to the state for educational purposes, sealed bids may be
accepted for sales of timber or stone only.
(b) The person conducting the sale is called the auctioneer.
79.15.120
(2) On or before the time specified in the notice of sale
each bidder shall deposit with the auctioneer a bid deposit
equal to the amount specified in the notice of sale plus any
fees required by law for the issuance of contracts or bill of
sale.
(a) The bid deposit must meet the requirements of RCW
79.15.100(3).
(b) The deposit may be in cash, or by certified check,
cashier's check, or money order, all payable to the department
or by bid guarantee in the form of a bid bond acceptable to the
department.
(3) The bid deposit, if prescribed in the notice of sale as
authorized in RCW 79.15.100, may be considered an opening
bid of an amount not less than the minimum appraised price
established in the notice of sale.
(4) The successful bidder's deposit will be retained by
the auctioneer.
(a) Any difference between the bid deposit and the total
amount due including any fees required by law shall be paid
on the day of sale. Payments may be by cash, certified check,
cashier's check, bank draft, or money order payable to the
department.
(b) Any amount of the deposit guaranteed by a bid bond
must be paid to the department within ten days of the sale day
in cash, certified check, cashier's check, money order, or
other acceptable payment method.
(c) Other deposits must be returned to the respective bidders at the conclusion of each sale.
(5) The auctioneer must deliver to the purchaser a memorandum of his or her purchase containing a description of
the materials purchased, the price bid, and the terms of the
sale.
(6) The auctioneer must at once send to the department
all payments or bid guarantees received from the purchaser
and a copy of the memorandum delivered to the purchaser,
together with additional reports of the proceedings as
required by the department. [2003 c 334 § 355.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.15.120
79.15.120 Confirmation of sale. The department shall
enter upon its records a confirmation of sale and issue to the
purchaser a bill of sale for valuable materials if the following
conditions have been met:
(1) No fewer than ten days have passed since the auctioneer's report has been filed;
(2) No affidavit is filed with the department showing that
the interests of the state in the sale were injuriously affected
by fraud or collusion;
(3) It appears from the auctioneer's report that:
(a) The sale was fairly conducted; and
(b) The purchaser was the highest bidder and the bid was
not less than the appraised value of the material sold;
(4) The department is satisfied that the valuable material
sold would not, upon being readvertised and offered for sale,
sell for at least ten percent more than the price submitted by
the apparent high bidder;
(5) The payment required by law to be made at the time
of making the sale has been made; and
(6) The department determines the best interests of the
state will be served by confirming the sale. [2003 c 334 §
358.]
[2003 RCW Supp—page 969]
79.15.130
Title 79 RCW: Public Lands
Intent—2003 c 334: See note following RCW 79.02.010.
PART 2
DAMAGED TIMBER
79.15.130
79.15.130 Bill of sale. When valuable materials are sold
separately from the land and the purchase price is paid in full,
the department shall prepare a bill of sale. The bill of sale
shall:
(1) State the time period for removing the material;
(2) Be signed by the commissioner and attested by the
seal of the commissioner's office upon full payment of the
purchase price and fees;
(3) Be issued to the purchaser upon payment of the fee
for the bill of sale; and
(4) Be recorded in the department. [2003 c 334 § 362;
2001 c 250 § 9; 1927 c 255 § 58; RRS § 7797-58. Formerly
RCW 79.01.232, 79.12.420.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.15.140
79.15.140 Valuable materials contract—Impracticable to perform/cancellation—Substitute valuable materials. (1) In the event that the department determines that regulatory requirements or some other circumstance beyond the
control of both the department and the purchaser has made a
valuable materials contract wholly or partially impracticable
to perform, the department may cancel any portion of the
contract which could not be performed. In the event of such
a cancellation, the purchaser shall not be liable for the purchase price of any portions of the contract so canceled. Market price fluctuations shall not constitute an impracticable situation for valuable materials contracts.
(2) Alternatively, and notwithstanding any other provision in this title, the department may substitute valuable
materials from another site in exchange for any valuable
materials which the department determines have become
impracticable to remove under the original contract. Any
substituted valuable materials must belong to the identical
trust involved in the original contract, and the substitute
materials shall be determined by the department to have an
appraised value that is not greater than the valuable materials
remaining under the original contract. The substitute valuable materials and site shall remain subject to all applicable
permitting requirements and the state environmental policy
act, chapter 43.21C RCW, for the activities proposed at that
site. In any such substitution, the value of the materials substituted shall be fixed at the purchase price of the original
contract regardless of subsequent market changes. Consent
of the purchaser shall be required for any substitution under
this section. [2003 c 334 § 364; 2001 c 250 § 18. Formerly
RCW 79.01.238.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.15.150
79.15.150 Reoffer. A sale of valuable materials that has
been offered, and for which there are no bids received, shall
not be reoffered until it has been readvertised as prescribed in
RCW 79.11.130. [2003 c 334 § 351.]
Intent—2003 c 334: See note following RCW 79.02.010.
[2003 RCW Supp—page 970]
79.15.210
79.15.210 Findings—Damage to timber. From time to
time timber on state land is damaged by events such as fire,
wind storms, and flooding. After such events the timber
becomes very susceptible to loss of value and quality due to
rot and disease. To obtain maximum value for the state, it is
important to sell any damaged timber as fast as possible while
providing ample protection for the physical environment and
recognizing the sensitivity of removing timber from certain
locations. [1987 c 126 § 1. Formerly RCW 79.01.790.]
79.15.220
79.15.220 Sale of damaged valuable materials. When
the department finds valuable materials on state land that are
damaged by fire, wind, flood, or from any other cause, it shall
determine if the salvage of the damaged valuable materials is
in the best interest of the trust for which the land is held. If
salvaging the valuable materials is in the best interest of the
trust, the department shall proceed to offer the valuable materials for sale. The valuable materials, when offered for sale,
must be sold in the most expeditious and efficient manner as
determined by the department. In determining if the sale is in
the best interest of the trust the department shall consider the
net value of the valuable materials and relevant elements of
the physical and social environment. [2001 c 250 § 14; 1987
c 126 § 2. Formerly RCW 79.01.795.]
PART 3
ROCK, GRAVEL, ETC., SALES
79.15.300
79.15.300 Contracts—Forfeiture—Royalties—
Monthly reports. (1) The department, upon application by
any person, may enter into a contract providing for the sale
and removal of rock, gravel, sand, and silt located upon state
lands or state forest lands, and providing for payment to be
made on a royalty basis.
(2) The issuance of a contract shall be made after public
auction and shall not be issued for less than the appraised
value of the material.
(3) Each application made pursuant to this section shall:
(a) Set forth the estimated quantity and kind of materials
desired to be removed; and
(b) Be accompanied by a map or plat showing the area
from which the applicant wishes to remove such materials.
(4) The department may in its discretion include in any
contract such terms and conditions required to protect the
interests of the state.
(5) Every contract shall provide for a right of forfeiture
by the state, upon a failure to operate under the contract or
pay royalties for periods therein stipulated. The right of forfeiture is exercised by entry of a declaration of forfeiture in
the records of the department.
(6) The department may require a bond with a surety
company authorized to transact a surety business in this state,
as surety, to secure the performance of the terms and conditions of such contract including the payment of royalties.
(7) The amount of rock, gravel, sand, or silt taken under
the contract shall be reported monthly by the purchaser to the
department and payment therefor made on the basis of the
royalty provided in the contract.
Sale of Valuable Materials
(8) The department may inspect and audit books, contracts, and accounts of each person removing rock, gravel,
sand, or silt pursuant to any such contract and make such
other investigation and secure or receive any other evidence
necessary to determine whether or not the state is being paid
the full amount payable to it for the removal of such materials. [2003 c 334 § 335; 1985 c 197 § 1; 1961 c 73 § 11. Formerly RCW 79.01.134.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.15.320
79.15.320 Road material—Sale to public authorities—Disposition of proceeds. (1) Any county, city, or town
may file with the department an application to purchase any
stone, rock, gravel, or sand upon any state lands or state forest
lands to be used in the construction, maintenance, or repair of
any public street, road, or highway within such county, city,
or town.
(2) Applications shall set forth the quantity and kind of
material desired to be purchased, the location thereof, and the
name, or other designation, and location of the street, road, or
highway upon which the material is to be used.
(3) The department is authorized to appraise and sell the
material in such a manner and upon such terms as the department deems advisable for not less than the fair market value
thereof.
(4) The proceeds of any such sale shall be paid into the
state treasury and credited to the fund to which the proceeds
of the sale of the land upon which the material is situated
would belong. [2003 c 334 § 343; 1982 1st ex.s. c 21 § 155;
1927 c 255 § 44; RRS § 7797-44. Prior: 1923 c 71 § 1; 1917
c 148 § 13. Formerly RCW 79.01.176, 79.12.250.]
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
license may be issued upon the payment of two dollars and
fifty cents which shall be paid into the treasury of the state by
the officer collecting the same and placed in the resource
management cost account or forest development account, as
applicable; the license shall be dated as of the date of issuance and authorize the holder thereof to remove between the
dates so specified not more than six cords of wood not fit for
any use but as firewood for the use of the applicant and his or
her family from the premises described in the license under
such rules as the department may adopt. [2003 c 334 § 232;
1975 c 10 § 2; 1945 c 97 § 3; Rem. Supp. 1945 § 7797-40c.
Formerly RCW 76.20.030.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.15.430
79.15.430 Removal of firewood without charge.
Whenever the department determines that it is in the best
interest of the state and there will be a benefit to the lands
involved or a state program affecting such lands it may designate specific areas and authorize the general public to enter
upon lands under its jurisdiction for the purposes of cutting
and removing standing or downed timber for use as firewood
for the personal use of the person so cutting and removing
without a charge under such terms and conditions as it may
require. [2003 c 334 § 233; 1975 c 10 § 3. Formerly RCW
76.20.035.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.15.440
79.15.440 Penalty. Any false statement made in the
application or any violation of the provisions of RCW
79.15.400 through 79.15.430 shall constitute a gross misdemeanor and be punishable as such. [2003 c 334 § 234; 1945
c 97 § 4; Rem. Supp. 1945 § 7797-40d. Formerly RCW
76.20.040.]
Intent—2003 c 334: See note following RCW 79.02.010.
PART 5
CONTRACT HARVESTING
PART 4
FIREWOOD
79.15.400
79.15.400 License to remove firewood authorized.
The department may issue licenses to residents of this state to
enter upon lands under the administration or jurisdiction of
the department for the purpose of removing therefrom, standing or downed timber which is unfit for any purpose except to
be used as firewood. [2003 c 334 § 230; 1975 c 10 § 1; 1945
c 97 § 1; Rem. Supp. 1945 § 7797-40a. Formerly RCW
76.20.010.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.15.410
79.15.410 Removal only for personal use. In addition
to other matters which may be required to be contained in the
application for a license under this chapter the applicant must
certify that the wood so removed is to be only for the applicant's own personal use and in his or her own home and that
the applicant will not dispose of it to any other person. [2003
c 334 § 231; 1945 c 97 § 2; Rem. Supp. 1945 § 7797-40b.
Formerly RCW 76.20.020.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.15.420
79.15.420 Issuance of license—Fee. The application
may be made to the department, and if deemed proper, the
79.15.500
79.15.500
79.15.500 Contract harvesting—Definitions. The
definitions in this section apply throughout *this chapter
unless the context clearly requires otherwise.
(1) "Commissioner" means the commissioner of public
lands.
(2) "Contract harvesting" means a timber operation
occurring on state forest lands, in which the department contracts with a firm or individual to perform all the necessary
harvesting work to process trees into logs sorted by department specifications. The department then sells the individual
log sorts.
(3) "Department" means the department of natural
resources.
(4) "Harvesting costs" are those expenses related to the
production of log sorts from a stand of timber. These
expenses typically involve road building, labor for felling,
bucking, and yarding, as well as the transporting of sorted
logs to the forest product purchasers.
(5) "Net proceeds" means gross proceeds from a contract
harvesting sale less harvesting costs. [2003 c 313 § 2.]
*Reviser's note: The reference to "this chapter" should instead refer to
RCW 79.15.500 through 79.15.530. RCW 79.15.500 through 79.15.530
were originally created in chapter 313, Laws of 2003. However, chapter
[2003 RCW Supp—page 971]
79.15.510
Title 79 RCW: Public Lands
334, Laws of 2003 reorganized numerous statutes governing upland management. The subject of sections 2 through 5 (RCW 79.15.500 through
79.15.530), chapter 313, Laws of 2003 (contract harvesting) is more appropriately codified with the subject (sale of valuable materials) identified in
section 559, chapter 334, Laws of 2003.
resource management cost account and the forest development account in proportion to each account's contribution to
the initial balance of the contract harvesting revolving
account. [2003 c 313 § 4.]
Findings—2003 c 313: "The legislature finds that it is in the best interest of the trust beneficiaries to capture additional revenues while providing
for additional environmental protection on timber sales. Further, the legislature finds that contract harvesting is one method to achieve these desired outcomes. Therefore, the legislature directs the department of natural resources
to establish and implement contract harvesting where there exists the ability
to increase revenues for the beneficiaries of the trusts while obtaining
increases in environmental protection." [2003 c 313 § 1.]
Reviser's note: *(1) RCW 43.85.130 was recodified as RCW
43.30.325 pursuant to 2003 c 334 § 128.
**(2) RCW 76.12.030 and 76.12.120 were recodified as RCW
79.22.040 and 79.22.050 pursuant to 2003 c 334 § 245.
Severability—2003 c 313: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2003 c 313 § 15.]
79.15.510
79.15.510 Contract harvesting—Program established. (1) The department may establish a contract harvesting program by directly contracting for the removal of timber
and other valuable materials from state lands.
(2) The contract requirements must be compatible with
the office of financial management's guide to public service
contracts.
(3) The department may not use contract harvesting for
more than ten percent of the total annual volume of timber
offered for sale. [2003 c 313 § 3.]
Findings—Severability—2003 c 313: See notes following RCW
79.15.500.
79.15.520
79.15.520 Contract harvesting revolving account.
The contract harvesting revolving account is created in the
custody of the state treasurer. All receipts from the gross proceeds of the sale of logs from a contract harvesting must be
deposited into the account. Expenditures from the account
may be used only for the payment of harvesting costs
incurred on contract harvesting sales. Only the commissioner
or the commissioner's designee may authorize expenditures
from the account. The board of natural resources has oversight of the account, and the commissioner must periodically
report to the board of natural resources as to the status of the
account, its disbursement, and receipts. The account is subject to allotment procedures under chapter 43.88 RCW, but
an appropriation is not required for expenditures.
When the logs from a contract harvesting sale are sold,
the gross proceeds must be deposited into the contract harvesting revolving account. Moneys equal to the harvesting
costs must be retained in the account and be deducted from
the gross proceeds to determine the net proceeds. The net
proceeds from the sale of the logs must be distributed in
accordance with *RCW 43.85.130(1)(b). The final receipt of
gross proceeds on a contract harvesting sale must be retained
in the contract harvesting revolving account until all required
costs for that sale have been paid. The contract harvesting
revolving account is an interest-bearing account and the
interest must be credited to the account. The account balance
may not exceed one million dollars at the end of each fiscal
year. Moneys in excess of one million dollars must be disbursed according to RCW **76.12.030, **76.12.120, and
79.64.040. If the department permanently discontinues the
use of contract harvesting sales, any sums remaining in the
contract harvesting revolving account must be returned to the
[2003 RCW Supp—page 972]
Findings—Severability—2003 c 313: See notes following RCW
79.15.500.
79.15.530
79.15.530 Contract harvesting—Special appraisal
practices. The board of natural resources must determine
whether any special appraisal practices are necessary for logs
sold by the contract harvesting processes, and if so, must
adopt the special appraisal practices or procedures. In its
consideration of special appraisal practices, the board of natural resources must consider and adopt procedures to rapidly
market and sell any log sorts that failed to receive the
required minimum bid at the original auction, which may
include allowing the department to set a new appraised value
for the unsold sort.
The board of natural resources must establish and adopt
policy and procedures by which the department evaluates and
selects certified contract harvesters. The procedures must
include a method whereby a certified contract harvester may
appeal a decision by the department or board of natural
resources to not include the certified contract harvester on the
list of approved contract harvesters. [2003 c 313 § 5.]
Findings—Severability—2003 c 313: See notes following RCW
79.15.500.
Chapter 79.17
Chapter 79.17 RCW
LAND TRANSFERS
Sections
PART 1
EXCHANGES
79.17.010
79.17.020
79.17.030
79.17.040
79.17.050
79.17.060
79.17.070
Exchange of state lands—Purposes—Conditions.
Exchange of lands to consolidate and block up holdings or
obtain lands having commercial recreational leasing potential.
University demonstration forest and experiment station.
Exchange of property acquired as administrative sites—Purposes.
Public notice—News release—Hearing.
Exchange of lands to consolidate and block up holdings—
Agreements and deeds by commissioner.
Exchange of lands to consolidate and block up holdings—
Lands acquired are subject to same laws and administered
for same fund as lands exchanged.
PART 2
PURCHASE OR LEASE OF LAND
BY SCHOOL DISTRICTS AND INSTITUTIONS OF
HIGHER EDUCATION
79.17.100
79.17.110
79.17.120
79.17.130
79.17.140
Application by school district.
School districts—Purchase of leased lands with improvements.
School districts—Purchases from school construction fund.
School districts—Extension of contract period.
School districts—Reversion, when.
PART 3
LAND TRANSFER
79.17.200
79.17.210
Real property—Transfer or disposal without public auction.
Real property asset base—Natural resources real property
replacement account.
Land Transfers
PART 1
EXCHANGES
79.17.010
79.17.010 Exchange of state lands—Purposes—Conditions. (1) The department, with the approval of the board,
may exchange any state land and any timber thereon for any
land of equal value in order to:
(a) Facilitate the marketing of forest products of state
lands;
(b) Consolidate and block-up state lands;
(c) Acquire lands having commercial recreational leasing potential;
(d) Acquire county-owned lands;
(e) Acquire urban property which has greater income
potential or which could be more efficiently managed by the
department in exchange for state urban lands as defined in
RCW 79.19.100; or
(f) Acquire any other lands when such exchange is determined by the board to be in the best interest of the trust for
which the state land is held.
(2) Land exchanged under this section shall not be used
to reduce the publicly owned forest land base.
(3) The board shall determine that each land exchange is
in the best interest of the trust for which the land is held prior
to authorizing the land exchange.
(4) During the biennium ending June 30, 2005, the
department, with approval of the board, may exchange any
state land and any timber thereon for any land and proceeds
of equal value. Proceeds may be in the form of cash or services in order to achieve the purposes established in this section. Any cash received as part of an exchange transaction
shall be deposited in the resource management cost account
to pay for administrative expenses incurred in carrying out an
exchange transaction. The amount of proceeds received from
the exchange partner may not exceed five percent of the total
value of the exchange. The receipt of proceeds shall not
change the character of the transaction from an exchange to a
sale. [2003 1st sp.s. c 25 § 939; 2003 C 334 § 452; 1987 c
113 § 1; 1983 c 261 § 1; 1973 1st ex.s. c 50 § 2; 1961 c 77 §
4; 1957 c 290 § 1. Formerly RCW 79.08.180.]
Reviser's note: This section was amended by 2003 c 334 § 452 and by
2003 1st sp.s. c 25 § 939, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Intent—2003 c 334: See note following RCW 79.02.010.
Exchange to block up holdings: RCW 79.17.020, 79.17.060.
79.17.020
79.17.020 Exchange of lands to consolidate and block
up holdings or obtain lands having commercial recreational leasing potential. (1) The board of county commissioners of any county and/or the mayor and city council or
city commission of any city or town and/or the board shall
have authority to exchange, each with the other, or with the
federal forest service, the federal government or any proper
agency thereof and/or with any private landowner, county
land of any character, land owned by municipalities of any
character, and state forest land owned by the state under the
jurisdiction of the department, for real property of equal
value for the purpose of consolidating and blocking up the
79.17.030
respective land holdings of any county, municipality, the federal government, or the state of Washington or for the purpose of obtaining lands having commercial recreational leasing potential.
(2) During the biennium ending June 30, 2005, the
department, with approval of the board, may exchange any
state forest land and any timber thereon for any real property
and proceeds of equal value. Proceeds may be in the form of
cash or services in order to achieve the purposes established
in this section. Any cash received as part of an exchange
transaction shall be deposited in the forest development
account to pay for administrative expenses incurred in carrying out an exchange transaction. The amount of proceeds
received from the exchange partner may not exceed five percent of the total value of the exchange. The receipt of proceeds shall not change the character of the transaction from
an exchange to a sale. [2003 1st sp.s. c 25 § 937; 2003 c 334
§ 209; 1973 1st ex.s. c 50 § 1; 1961 c 77 § 1; 1937 c 77 § 1;
RRS § 5812-3e. Formerly RCW 76.12.050.]
Reviser's note: This section was amended by 2003 c 334 § 209 and by
2003 1st sp.s. c 25 § 937, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Intent—2003 c 334: See note following RCW 79.02.010.
79.17.030
79.17.030 University demonstration forest and
experiment station. For the purpose of securing an area
suitable for a demonstration forest and forest experiment station for the University of Washington authority is hereby
granted the board of regents of the University of Washington
and the department with the approval of the board, acting
with the advice and approval of the attorney general, to
exchange all or any portion of the granted lands of the University of Washington assigned for the support of said university by section 9 of chapter 122 of the act of March 14,
1893, enacted by the legislature of Washington, being entitled, "An act providing for the location, construction and
maintenance of the University of Washington, and making an
appropriation therefor, and declaring an emergency," for all
or any portion of such lands as may be acquired by the state
under and by virtue of chapter 102, Laws of 1913, being:
"An act relating to lands granted to the state for common
schools and for educational, penal, reformatory, charitable,
capitol buildings and other purposes providing for the completion of such grants and the relinquishment of certain
granted lands; and making an appropriation," approved
March 18, 1913, by exchange with the United States in the
Pilchuck-Sultan-Wallace watersheds included within the
present boundaries of the Snoqualmie national forest. The
board of regents and department with the advice and approval
required by this section are hereby authorized to execute such
agreements, writings, or relinquishments as are necessary or
proper for the purpose of carrying said exchange into effect
and such agreements or other writings to be executed in
duplicate, one to be filed with the department and one to be
delivered to the board of regents. The exchange shall be
made upon the basis of equal values to be determined by
careful valuation of the areas to be exchanged. [2003 c 334 §
446; 1917 c 66 § 1; RRS § 7848. Formerly RCW 79.08.070.]
[2003 RCW Supp—page 973]
79.17.040
Title 79 RCW: Public Lands
Reviser's note: 1893 c 122 § 9 referred to herein reads as follows:
"That 100,000 acres of the lands granted by section 17 of the enabling act,
approved February 22, 1889, for state, charitable, educational, penal and
reformatory institutions are hereby assigned for the support of the University
of Washington."
Intent—2003 c 334: See note following RCW 79.02.010.
79.17.040
79.17.040 Exchange of property acquired as administrative sites—Purposes. The department may exchange
surplus real property previously acquired by the department
as administrative sites. The property may be exchanged for
any public or private real property of equal value, to preserve
archeological sites on trust lands, to acquire land to be held in
natural preserves, to maintain habitats for endangered species, or to acquire or enhance sites to be dedicated for recreational purposes. [2003 c 334 § 453; 1979 c 24 § 1. Formerly
RCW 79.08.250.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.17.050
79.17.050 Public notice—News release—Hearing.
Before a proposed exchange is presented to the board involving an exchange of any lands under the administrative control
of the department, the department shall hold a public hearing
on the proposal in the county where the state-owned land or
the greatest proportion thereof is located. Ten days but not
more than twenty-five days prior to such hearing, the department shall publish a paid public notice of reasonable size in
display advertising form, setting forth the date, time, and
place of the hearing, at least once in one or more daily newspapers of general circulation in the county and at least once in
one or more weekly newspapers circulated in the area where
the state-owned land is located. A news release pertaining to
the hearing shall be disseminated among printed and electronic media in the area where the state-owned land is
located. The public notice and news release also shall identify lands involved in the proposed exchange and describe the
purposes of the exchange and proposed use of the lands
involved. A summary of the testimony presented at the hearings shall be prepared for the board's consideration when
reviewing the department's exchange proposal. If there is a
failure to substantially comply with the procedures set forth
in this section, then the exchange agreement shall be subject
to being declared invalid by a court. Any such suit must be
brought within one year from the date of the exchange agreement. [2003 c 334 § 445; 1979 c 54 § 1; 1975 1st ex.s. c 107
§ 2. Formerly RCW 79.08.015.]
Intent—2003 c 334: See note following RCW 79.02.010.
Exchange of state land by parks and recreation commission, procedure:
RCW 79A.05.180.
79.17.060
79.17.060 Exchange of lands to consolidate and block
up holdings—Agreements and deeds by commissioner.
The commissioner shall, with the advice and approval of the
attorney general, execute such agreements, writings, or relinquishments and certify to the governor such deeds as are necessary or proper to complete an exchange. [2003 c 334 § 210;
1961 c 77 § 2; 1937 c 77 § 2; RRS § 5812-3f. Formerly RCW
76.12.060.]
Intent—2003 c 334: See note following RCW 79.02.010.
[2003 RCW Supp—page 974]
79.17.070
79.17.070 Exchange of lands to consolidate and block
up holdings—Lands acquired are subject to same laws
and administered for same fund as lands exchanged.
Lands acquired by the state of Washington as the result of
any exchange shall be held and administered for the benefit
of the same fund and subject to the same laws as were the
lands exchanged therefor. [2003 c 334 § 211; 1961 c 77 § 3.
Formerly RCW 76.12.065.]
Intent—2003 c 334: See note following RCW 79.02.010.
PART 2
PURCHASE OR LEASE OF LAND
BY SCHOOL DISTRICTS AND INSTITUTIONS OF
HIGHER EDUCATION
79.17.100
79.17.100 Application by school district. Except as
otherwise provided in RCW 79.17.110, upon the application
of a school district or any institution of higher education for
the purchase or lease of lands granted to the state by the
United States, the department may offer such land for sale or
lease to such school district or institution of higher education
in such acreage as it may determine, consideration being
given upon application of a school district to school site criteria established by the state board of education. However, in
the event the department thereafter proposes to offer such
land for sale or lease at public auction, such school district or
institution of higher education shall have a preference right
for six months from notice of such proposal to purchase or
lease such land at the appraised value determined by the
board. [2003 c 334 § 322.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.17.110
79.17.110 School districts—Purchase of leased lands
with improvements. Notwithstanding the provisions of
RCW 79.11.010 or any other provision of law, any school
district or institution of higher education leasing land granted
to the state by the United States and on which land such district or institution has placed improvements as defined in
RCW 79.02.010 shall be afforded the opportunity by the
department at any time to purchase such land, excepting land
over which the department retains management responsibilities, for the purposes of schoolhouse construction and/or necessary supporting facilities or structures at the appraised
value thereof less the value that any improvements thereon
added to the value of the land itself at the time of the sale
thereof. [2003 c 334 § 437; 1985 c 200 § 1; 1982 1st ex.s. c
31 § 1; 1980 c 115 § 8; 1971 ex.s. c 200 § 2. Formerly RCW
79.01.770.]
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1980 c 115: See note following RCW 28A.335.090.
Severability—1971 ex.s. c 200: See note following RCW 79.01.096.
79.17.120
79.17.120 School districts—Purchases from school
construction fund. The purchases authorized under RCW
79.17.110 shall be classified as for the construction of common school plant facilities under RCW 28A.525.010 through
28A.525.222 and shall be payable out of the common school
construction fund as otherwise provided for in RCW
28A.515.320 if the school district involved was under emergency school construction classification as established by the
Land Bank
state board of education at any time during the period of its
lease of state lands. [2003 c 334 § 438; 1990 c 33 § 596; 1971
ex.s. c 200 § 3. Formerly RCW 79.01.774.]
Intent—2003 c 334: See note following RCW 79.02.010.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1971 ex.s. c 200: See note following RCW 79.01.096.
79.17.130
79.17.130 School districts—Extension of contract
period. In those cases where the purchases, as authorized by
RCW 79.17.110 and 79.17.120, have been made on a ten year
contract, the board, if it deems it in the best interest of the
state, may extend the term of any such contract to not to
exceed an additional ten years under such terms and conditions as the board may determine. [2003 c 334 § 439; 1971
ex.s. c 200 § 4. Formerly RCW 79.01.778.]
79.19.020
real property asset base it manages and needs an accounting
mechanism to complete transactions without reducing the
real property asset base.
(2) The natural resources real property replacement
account is created in the state treasury. This account shall
consist of funds transferred or paid for the disposal or transfer
of real property by the department under RCW 79.17.200.
The funds in this account shall be used solely for the acquisition of replacement real property and may be spent only
when, and as, authorized by legislative appropriation. [2003
c 334 § 118; 1992 c 167 § 1. Formerly RCW 43.30.265.]
Intent—2003 c 334: See note following RCW 79.02.010.
Chapter 79.19
Chapter 79.19 RCW
LAND BANK
Sections
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1971 ex.s. c 200: See note following RCW 79.01.096.
79.17.140
79.17.140 School districts—Reversion, when. Notwithstanding any other provisions of law, annually the board
shall determine if lands purchased or leased by school districts or institutions of higher education under the provisions
of RCW 79.11.010 and 79.17.110 are being used for school
sites. If such land has not been used for school sites for a
period of seven years the title to such land shall revert to the
original trust for which it was held. [2003 c 334 § 440; 1971
ex.s. c 200 § 5. Formerly RCW 79.01.780.]
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1971 ex.s. c 200: See note following RCW 79.01.096.
PART 3
LAND TRANSFER
79.17.200
79.17.200 Real property—Transfer or disposal without public auction. (1) For the purposes of this section,
"public agency" means any agency, political subdivision, or
unit of local government of this state including, but not limited to, municipal corporations, quasi-municipal corporations, special purpose districts, and local service districts; any
agency of the state government; any agency of the United
States; and any Indian tribe recognized as such by the federal
government.
(2) With the approval of the board of natural resources,
the department of natural resources may directly transfer or
dispose of real property, without public auction, in the following circumstances:
(a) Transfers in lieu of condemnations;
(b) Transfers to public agencies; and
(c) Transfers to resolve trespass and property ownership
disputes.
(3) Real property to be transferred or disposed of under
this section shall be transferred or disposed of only after
appraisal and for at least fair market value, and only if such
transaction is in the best interest of the state or affected trust.
[1992 c 167 § 2. Formerly RCW 79.01.009.]
79.17.210
79.17.210 Real property asset base—Natural
resources real property replacement account. (1) The legislature finds that the department has a need to maintain the
79.19.010
79.19.020
79.19.030
79.19.040
79.19.050
79.19.060
79.19.070
79.19.080
79.19.090
79.19.100
79.19.110
79.19.900
79.19.901
Legislative finding.
Land bank—Created—Purchase of property authorized.
Exchange or sale of property held in land bank.
Management of property held in land bank.
Appropriation of funds from forest development account or
resource management cost account—Use of income.
Reimbursement for costs and expenses.
Land bank technical advisory committee.
Identification of trust lands expected to convert to commercial,
residential, or industrial uses—Hearing—Notice—Designation as urban lands.
Exchange of urban land for land bank land—Notification of
affected public agencies.
Urban lands—Cooperative planning, development.
Lands for commercial, industrial, or residential use—Payment
of in-lieu of property tax—Distribution.
Severability—1984 c 222.
Effective date—1984 c 222.
79.19.010
79.19.010 Legislative finding. The legislature finds
that from time to time it may be desirable for the department
to sell state lands which have low potential for natural
resource management or low income-generating potential or
which, because of geographic location or other factors, are
inefficient for the department to manage. However, it is also
important to acquire lands for long-term management to
replace those sold so that the publicly owned land base will
not be depleted and the publicly owned forest land base will
not be reduced. The purpose of this chapter is to provide a
means to facilitate such sales and purchases so that the diversity of public uses on the trust lands will be maintained. In
making the determinations, the department shall comply with
local land use plans and applicable growth management principles. [2003 c 334 § 525; 1984 c 222 § 1; 1977 ex.s. c 109 §
1. Formerly RCW 79.66.010.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.19.020
79.19.020 Land bank—Created—Purchase of property authorized. The department, with the approval of the
board, may purchase property at fair market value to be held
in a land bank, which is hereby created within the department. Property so purchased shall be property which would
be desirable for addition to the public lands of the state
because of the potential for natural resource or income production of the property. The total acreage held in the land
bank shall not exceed one thousand five hundred acres.
[2003 c 334 § 526; 1984 c 222 § 2; 1977 ex.s. c 109 § 2. Formerly RCW 79.66.020.]
[2003 RCW Supp—page 975]
79.19.030
Title 79 RCW: Public Lands
Intent—2003 c 334: See note following RCW 79.02.010.
79.19.030
79.19.030 Exchange or sale of property held in land
bank. The department, with the approval of the board, may:
(1) Exchange property held in the land bank for any
other public lands of equal value administered by the department, including any lands held in trust.
(2) Exchange property held in the land bank for property
of equal or greater value which is owned publicly or privately, and which has greater potential for natural resource or
income production or which could be more efficiently managed by the department, however, no power of eminent
domain is hereby granted to the department; and
(3) Sell property held in the land bank in the manner provided by law for the sale of state lands without any requirement of platting and to use the proceeds to acquire property
for the land bank which has greater potential for natural
resource or income production or which would be more efficiently managed by the department. [2003 c 334 § 527; 1984
c 222 § 3; 1977 ex.s. c 109 § 3. Formerly RCW 79.66.030.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.19.040
79.19.040 Management of property held in land
bank. The department may manage the property held in the
land bank as provided in RCW 79.10.030. However, the
properties or interest in such properties shall not be withdrawn, exchanged, transferred, or sold without first obtaining
payment of the fair market value of the property or interest
therein or obtaining property of equal value in exchange.
[2003 c 334 § 528; 1984 c 222 § 4; 1977 ex.s. c 109 § 4. Formerly RCW 79.66.040.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.19.050
79.19.050 Appropriation of funds from forest development account or resource management cost account—
Use of income. The legislature may authorize appropriation
of funds from the forest development account or the resource
management cost account for the purposes of this chapter.
Income from the sale or management of property in the land
bank shall be returned as a recovered expense to the forest
development account or the resource management cost
account and may be used to acquire property under RCW
79.19.020. [2003 c 334 § 529; 1984 c 222 § 5; 1977 ex.s. c
109 § 5. Formerly RCW 79.66.050.]
Intent—2003 c 334: See note following RCW 79.02.010.
Forest development account: RCW 79.64.100.
Resource management cost account: RCW 79.64.020.
79.19.060
79.19.060 Reimbursement for costs and expenses.
The department shall be reimbursed for actual costs and
expenses incurred in managing and administering the land
bank program under this chapter from the forest development
account or the resource management cost account in an
amount not to exceed the limits provided in RCW 79.64.040.
Reimbursement from proceeds of sales shall be limited to
marketing costs provided in RCW 79.10.030. [2003 c 334 §
530; 1984 c 222 § 6. Formerly RCW 79.66.060.]
Intent—2003 c 334: See note following RCW 79.02.010.
[2003 RCW Supp—page 976]
79.19.070
79.19.070 Land bank technical advisory committee.
(1) There is created a land bank technical advisory committee, consisting of three members. Membership shall consist
of: One member qualified by experience and training in matters pertaining to land use planning and real estate appointed
by the commissioner of public lands, one member qualified
by experience and training in public trust matters appointed
by the superintendent of public instruction, and one member
qualified by experience and training in financial matters
appointed by the state treasurer.
(2) The technical advisory committee shall provide professional advice and counsel to the board of natural resources
regarding land bank sales, purchases, and exchanges involving urban property.
(3) Members of the technical advisory committee shall
be appointed for five-year terms and shall serve until a successor is appointed. In the case of a vacancy the vacancy shall
be filled by the appointing authority. The initial term of the
appointee of the commissioner shall expire in three years.
The initial term of the appointee of the superintendent shall
expire in four years. The initial term of the appointee of the
treasurer shall expire in five years. All terms expire December 31.
(4) Members of the technical advisory committee shall
be reimbursed for travel expenses incurred in the performance of their duties under RCW 43.03.050 and 43.03.060.
[1984 c 222 § 7. Formerly RCW 79.66.070.]
79.19.080
79.19.080 Identification of trust lands expected to
convert to commercial, residential, or industrial uses—
Hearing—Notice—Designation as urban lands. Periodically, at intervals to be determined by the board, the department shall identify trust lands which are expected to convert
to commercial, residential, or industrial uses within ten years.
The department shall adhere to existing local comprehensive
plans, zoning classifications, and duly adopted local policies
when making this identification and determining the fair market value of the property.
The department shall hold a public hearing on the proposal in the county where the state land is located. At least
fifteen days but not more than thirty days before the hearing,
the department shall publish a public notice of reasonable
size in display advertising form, setting forth the date, time,
and place of the hearing, at least once in one or more daily
newspapers of general circulation in the county and at least
once in one or more weekly newspapers circulated in the area
where the trust land is located. At the same time that the published notice is given, the department shall give written
notice of the hearings to the departments of fish and wildlife
and general administration, to the parks and recreation commission, and to the county, city, or town in which the property is situated. The department shall disseminate a news
release pertaining to the hearing among printed and electronic media in the area where the trust land is located. The
public notice and news release also shall identify trust lands
in the area which are expected to convert to commercial, residential, or industrial uses within ten years.
A summary of the testimony presented at the hearings
shall be prepared for the board's consideration. The board
shall designate trust lands which are expected to convert to
commercial, residential, or industrial uses as urban land.
Acquisition, Management, and Disposition of State Forest Lands
Chapter 79.22
79.19.110
Descriptions of lands designated by the board shall be made
available to the county and city or town in which the land is
situated and for public inspection and copying at the department's administrative office in Olympia, Washington and at
each area office.
The hearing and notice requirements of this section
apply to those trust lands which have been identified by the
department prior to July 1, 1984, as being expected to convert
to commercial, residential, or industrial uses within the next
ten years, and which have not been sold or exchanged prior to
July 1, 1984. [2003 c 334 § 531; 1994 c 264 § 60; 1988 c 36
§ 53; 1984 c 222 § 8. Formerly RCW 79.66.080.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.19.090
79.19.090 Exchange of urban land for land bank
land—Notification of affected public agencies. If the
department determines to exchange urban land for land bank
land, public agencies defined in RCW 79.17.200 that may
benefit from owning the property shall be notified in writing
of the determination. The public agencies have sixty days
from the date of notice by the department to submit an application to purchase the land and shall be afforded an opportunity of up to one year, as determined by the board, to purchase the land from the land bank at fair market value directly
without public auction as authorized under RCW 79.17.200.
The board, if it deems it in the best interest of the state, may
extend the period under terms and conditions as the board
determines. If competing applications are received from governmental entities, the board shall select the application
which results in the highest monetary value. [2003 c 334 §
532; 1993 c 265 § 1; 1984 c 222 § 9. Formerly RCW
79.66.090.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.19.100
79.19.100 Urban lands—Cooperative planning,
development. The purpose of this section is to foster cooperative planning among the state, the department, and local
governments as to state-owned lands under the department's
jurisdiction situated in urban areas.
At least once a year, prior to finalizing the department's
urban land leasing action plan, the department and applicable
local governments shall meet to review state and local plans
and to coordinate planning in areas where urban lands are
located. The department and local governments may enter
into formal agreements for the purpose of planning the appropriate development of these state-owned urban lands.
The department shall contact those local governments
which have planning, zoning, and land-use regulation authority over areas where urban lands under its jurisdiction are
located so as to facilitate these annual or other meetings.
"Urban lands" as used in this section means those areas
which within ten years are expected to be intensively used for
locations of buildings or structures, and usually have urban
governmental services.
"Local government" as used in this section means counties, cities, and towns having planning and land-use regulation authority. [2003 c 334 § 441; 1979 ex.s. c 56 § 1. Formerly RCW 79.01.784.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.19.110 Lands for commercial, industrial, or residential use—Payment of in-lieu of property tax—Distribution. Lands purchased by the department for commercial,
industrial, or residential use shall be subject to payment of inlieu of real property tax for the period in which they are held
in the land bank. The in-lieu payment shall be equal to the
property taxes which would otherwise be paid if the land
remained subject to the tax. Payment shall be made at the end
of the calendar year to the county in which the land is located.
If a parcel is not held in the land bank for the entire year, the
in-lieu payment shall be reduced proportionately to reflect
only that period of time in which the land was held in the land
bank. The county treasurer shall distribute the in-lieu payments proportionately in accordance with RCW 84.56.230 as
though such moneys were receipts from ad valorem property
taxes. [2003 c 334 § 533; 1984 c 222 § 10. Formerly RCW
79.66.100.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.19.900
79.19.900 Severability—1984 c 222. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1984 c 222 § 15. Formerly RCW 79.66.900.]
79.19.901
79.19.901 Effective date—1984 c 222. This act is necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect July 1, 1984.
[1984 c 222 § 16. Formerly RCW 79.66.901.]
Chapter 79.22
Chapter 79.22 RCW
ACQUISITION, MANAGEMENT, AND DISPOSITION
OF STATE FOREST LANDS
Sections
PART 1
GENERAL PROVISIONS
79.22.010
79.22.020
79.22.030
79.22.040
79.22.050
79.22.060
79.22.070
79.22.070
79.22.080
79.22.090
79.22.100
79.22.110
79.22.120
Powers of department—Acquisition of land for reforestation—Taxes, cancellation.
Acquisition of forest land—Requisites.
Record of proceedings, etc.
Deed of county land to department.
Sales and leases of timber, timber land, or products thereon.
Transfer, disposal of lands without public auction—Requirements.
Forest and land management—Rules—Penalty. (Effective
until July 1, 2004.)
Forest and land management—Rules—Penalty. (Effective
July 1, 2004.)
Utility bonds.
Bonds—Purchase price of land limited—Retirement of bonds.
Reacquisition of lands from federal government.
Reconveyance to county in certain cases.
Reconveyance to county of certain leased lands.
PART 2
TRANSFERS OF STATE FOREST LANDS
FOR PUBLIC PARK PURPOSES
79.22.300
79.22.310
79.22.320
79.22.330
Procedure—Reconveyance back when use ceases.
Timber resource management.
Lands transferred by deed.
Provisions cumulative and nonexclusive.
[2003 RCW Supp—page 977]
79.22.010
Title 79 RCW: Public Lands
PART 1
GENERAL PROVISIONS
79.22.010
79.22.010 Powers of department—Acquisition of
land for reforestation—Taxes, cancellation. The department has the power to accept gifts and bequests of money or
other property, made in its own name, or made in the name of
the state, to promote generally the interests of reforestation or
for a specific named purpose in connection with reforestation, and to acquire in the name of the state, by purchase or
gift, any lands which by reason of their location, topography,
or geological formation, are chiefly valuable for purpose of
developing and growing timber, and to designate such lands
and any lands of the same character belonging to the state as
state forest lands; and may acquire by gift or purchase any
lands of the same character. The department has the power to
seed, plant, and develop forests on any lands, purchased,
acquired, or designated by it as state forest lands, and shall
furnish such care and fire protection for such lands as it shall
deem advisable. Upon approval of the board of county commissioners of the county in which the land is located such gift
or donation of land may be accepted subject to delinquent
general taxes thereon, and upon such acceptance of such gift
or donation subject to such taxes, the department shall record
the deed of conveyance thereof and file with the assessor and
treasurer of the county wherein such land is situated, written
notice of acquisition of such land, and that all delinquent general taxes thereon, except state taxes, shall be canceled, and
the county treasurer shall thereupon proceed to make such
cancellation in the records of the county treasurer. Thereafter, such lands shall be held in trust, protected, managed, and
administered upon, and the proceeds therefrom disposed of,
under RCW 79.22.040. [2003 c 334 § 205; 1988 c 128 § 23;
1937 c 172 § 1; 1929 c 117 § 1; 1923 c 154 § 3; RRS § 58123. Prior: 1921 c 169 § 1, part. Formerly RCW 76.12.020.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.22.020
79.22.020 Acquisition of forest land—Requisites.
The department shall take such steps as it deems advisable for
locating and acquiring lands suitable for state forests and
reforestation. Acquisitions made pursuant to this section shall
be at no more than fair market value. No lands shall ever be
acquired by the department except upon the approval of the
title by the attorney general and on a conveyance being made
to the state of Washington by good and sufficient deed. No
forest lands shall be designated, purchased, or acquired by
the department unless the area so designated or the area to be
acquired shall, in the judgment of the department, be of sufficient acreage and so located that it can be economically
administered for forest development purposes. [2000 c 148 §
1; 1988 c 128 § 28; 1923 c 154 § 4; RRS § 5812-4. Prior:
1921 c 169 § 1, part. Formerly RCW 76.12.080.]
79.22.030
79.22.030 Record of proceedings, etc. The department
shall keep in its office in a permanent bound volume a record
of all forest lands acquired by the state and any lands owned
by the state and designated as such by the department. The
record shall show the date and from whom said lands were
acquired; amount and method of payment therefor; the forest
within which said lands are embraced; the legal description
[2003 RCW Supp—page 978]
of such lands; the amount of money expended, if any, and the
date thereof, for seeding, planting, maintenance, or care for
such lands; the amount, date, and source of any income
derived from such land; and such other information and data
as may be required by the department. [2003 c 334 § 223;
1988 c 128 § 34; 1923 c 154 § 9; RRS § 5812-9. Formerly
RCW 76.12.155, 43.12.140.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.22.040
79.22.040 Deed of county land to department. If any
land acquired by a county through foreclosure of tax liens, or
otherwise, comes within the classification of land described
in RCW 79.22.010 and can be used as state forest land and if
the department deems such land necessary for the purposes of
this chapter, the county shall, upon demand by the department, deed such land to the department and the land shall
become a part of the state forest lands.
Such land shall be held in trust and administered and
protected by the department in the same manner as other state
forest lands.
In the event that the department sells logs using the contract harvesting process described in RCW 79.15.500 through
79.15.530, the moneys derived subject to this section are the
net proceeds from the contract harvesting sale. [2003 c 334 §
206; 2003 c 313 § 6; 1997 c 370 § 1; 1991 c 363 § 151; 1988
c 128 § 24; 1981 2nd ex.s. c 4 § 4; 1971 ex.s. c 224 § 1; 1969
c 110 § 1; 1957 c 167 § 1; 1951 c 91 § 1; 1935 c 126 § 1; 1927
c 288 § 3, part (adding a new section to 1923 c 154 § 3b);
RRS § 5812-36. Formerly RCW 76.12.030.]
Reviser's note: This section was amended by 2003 c 313 § 6 and by
2003 c 334 § 206, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—2003 c 334: See note following RCW 79.02.010.
Findings—Severability—2003 c 313: See notes following RCW
79.15.500.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1981 2nd ex.s. c 4: See note following RCW 43.85.130.
79.22.050
79.22.050 Sales and leases of timber, timber land, or
products thereon. Except as provided in RCW 79.22.060,
all land, acquired or designated by the department as state
forest land, shall be forever reserved from sale, but the valuable materials thereon may be sold or the land may be leased
in the same manner and for the same purposes as is authorized for state lands if the department finds such sale or lease
to be in the best interests of the state and approves the terms
and conditions thereof.
In the event that the department sells logs using the contract harvesting process described in RCW 79.15.500 through
79.15.530, the moneys received subject to this section are the
net proceeds from the contract harvesting sale. [2003 c 334 §
220; 2003 c 313 § 7; 2000 c 148 § 2; 1998 c 71 § 2. Prior:
1988 c 128 § 32; 1988 c 70 § 1; 1980 c 154 § 11; 1971 ex.s. c
123 § 4; 1955 c 116 § 1; 1953 c 21 § 1; 1923 c 154 § 7; RRS
§ 5812-7. Formerly RCW 76.12.120.]
Reviser's note: This section was amended by 2003 c 313 § 7 and by
2003 c 334 § 220, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—2003 c 334: See note following RCW 79.02.010.
Acquisition, Management, and Disposition of State Forest Lands
Findings—Severability—2003 c 313: See notes following RCW
79.15.500.
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter 82.45 RCW digest.
Christmas trees—Cutting, breaking, removing: RCW 79.02.340 and
79.02.350.
79.22.060
79.22.060 Transfer, disposal of lands without public
auction—Requirements. (1) With the approval of the
board, the department may directly transfer or dispose of
state forest lands without public auction, if such lands consist
of ten contiguous acres or less, or have a value of twenty-five
thousand dollars or less. Such disposal may only occur in the
following circumstances:
(a) Transfers in lieu of condemnation; and
(b) Transfers to resolve trespass and property ownership
disputes.
(2) Real property to be transferred or disposed of under
this section shall be transferred or disposed of only after
appraisal and for at least fair market value, and only if such
transaction is in the best interest of the state or affected trust.
(3) The proceeds from real property transferred or disposed of under this section shall be deposited into the park
land trust revolving fund and be solely used to buy replacement land within the same county as the property transferred
or disposed. [2003 c 334 § 221; 2000 c 148 § 3. Formerly
RCW 76.12.125.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.22.070
79.22.070 Forest and land management—Rules—
Penalty. (Effective until July 1, 2004.) State forest lands
shall be logged, protected, and cared for in such manner as to
ensure natural reforestation of such lands, and to that end the
department shall have power, and it shall be its duty to adopt
rules, and amendments thereto, governing logging operations
on such areas, and to embody in any contract for the sale of
timber on such areas, such conditions as it shall deem advisable, with respect to methods of logging, disposition of slashings, and debris, and protection and promotion of new forests. All such rules, or amendments thereto, shall be adopted
by the department under chapter 34.05 RCW. Any violation
of any such rules shall be a gross misdemeanor unless the
department has specified by rule, when not inconsistent with
applicable statutes, that violation of a specific rule is an
infraction under chapter 7.84 RCW. [2003 c 334 § 222; 2000
c 11 § 10; 1988 c 128 § 33; 1987 c 380 § 17; 1927 c 288 § 3,
part (adding a new section to 1923 c 154 § 3a); RRS § 58123a. Prior: 1921 c 169 § 2. Formerly RCW 76.12.140.]
Intent—2003 c 334: See note following RCW 79.02.010.
Effective date—Severability—1987 c 380: See RCW 7.84.900 and
7.84.901.
79.22.070
79.22.070 Forest and land management—Rules—
Penalty. (Effective July 1, 2004.) (1) State forest lands shall
be logged, protected, and cared for in such manner as to
ensure natural reforestation of such lands, and to that end the
department shall have power, and it shall be its duty to adopt
rules, and amendments thereto, governing logging operations
on such areas, and to embody in any contract for the sale of
timber on such areas, such conditions as it shall deem advisable, with respect to methods of logging, disposition of slash-
79.22.090
ings, and debris, and protection and promotion of new forests. All such rules, or amendments thereto, shall be adopted
by the department under chapter 34.05 RCW.
(2)(a) Except as provided in (b) of this subsection, any
violation of any rule adopted by the department under the
authority of this section is a gross misdemeanor.
(b) The department may specify by rule, when not inconsistent with applicable statutes, that violation of a specific
rule is an infraction under chapter 7.84 RCW. [2003 c 334 §
222; 2003 c 53 § 369; 2000 c 11 § 10; 1988 c 128 § 33; 1987
c 380 § 17; 1927 c 288 § 3, part (adding a new section to 1923
c 154 § 3a); RRS § 5812-3a. Prior: 1921 c 169 § 2. Formerly
RCW 76.12.140.]
Reviser's note: This section was amended by 2003 c 53 § 369 and by
2003 c 334 § 222, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—2003 c 334: See note following RCW 79.02.010.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1987 c 380: See RCW 7.84.900 and
7.84.901.
79.22.080
79.22.080 Utility bonds. For the purpose of acquiring
and paying for lands for state forests and reforestation as
herein provided the department may issue utility bonds of the
state of Washington as may hereafter be authorized by the
legislature. The bonds shall be known as state forest utility
bonds. The principal or interest of the bonds shall not be a
general obligation of the state, but shall be payable only from
the forest development account. The department may issue
the bonds in exchange for lands selected by it in accordance
with RCW 79.64.100 and this chapter, or may sell the bonds
in such a manner as it deems advisable, and with the proceeds
purchase and acquire such lands. Any of the bonds issued in
exchange and payment for any particular tract of lands may
be made a first and prior lien against the particular land for
which they are exchanged, and upon failure to pay the bonds
and interest thereon according to their terms, the lien of the
bonds may be foreclosed by appropriate court action. [2003
c 334 § 217; 2000 c 11 § 8; 1988 c 128 § 29; 1937 c 104 § 1;
1923 c 154 § 5; RRS § 5812-5. Formerly RCW 76.12.090.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.22.090
79.22.090 Bonds—Purchase price of land limited—
Retirement of bonds. For the purpose of acquiring, seeding,
reforestation, and administering land for forests and of carrying out RCW 79.64.100 and the provisions of this chapter,
the department is authorized to issue and dispose of utility
bonds of the state of Washington in an amount not to exceed
one hundred thousand dollars in principal during the biennium expiring March 31, 1951. However, no sum in excess
of one dollar per acre shall ever be paid or allowed either in
cash, bonds, or otherwise, for any lands suitable for forest
growth, but devoid of such, nor shall any sum in excess of
three dollars per acre be paid or allowed either in cash, bonds,
or otherwise, for any lands adequately restocked with young
growth.
Any utility bonds issued under the provisions of this section may be retired from time to time, whenever there is sufficient money in the forest development account, said bonds
[2003 RCW Supp—page 979]
79.22.100
Title 79 RCW: Public Lands
to be retired at the discretion of the department either in the
order of issuance, or by first retiring bonds with the highest
rate of interest. [2003 c 334 § 218; 2000 c 11 § 9; 1988 c 128
§ 30; 1949 c 80 § 1; 1947 c 66 § 1; 1945 c 13 § 1; 1943 c 123
§ 1; 1941 c 43 § 1; 1939 c 106 § 1; 1937 c 104 § 2; 1935 c 126
§ 2; 1933 c 117 § 1; Rem. Supp. 1949 § 5812-11. Formerly
RCW 76.12.100.]
such county by quitclaim deed executed by the department.
Such reconveyance of lands hereafter so acquired shall be
made within one year from the conveyance thereof to the
state or department. [2003 c 334 § 212; 1988 c 128 § 27;
1941 c 84 § 1; Rem. Supp. 1941 § 5812-3g. Formerly RCW
76.12.070.]
Intent—2003 c 334: See note following RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.
79.22.120
79.22.100
79.22.100 Reacquisition of lands from federal government. Whenever any forest land which shall have been
acquired by any county through the foreclosure of tax liens,
or otherwise, and which shall have been acquired by the federal government either from said county or from the state
holding said lands in trust, and shall be available for reacquisition, the board and the board of county commissioners of
any such county are authorized to enter into an agreement for
the reacquisition of such lands as state forest lands in trust for
such county. Such agreement shall provide for the price and
manner of such reacquisition. The board is authorized to provide in such agreement for the advance of funds available to
it for such purpose from the forest development account, all
or any part of the price for such reacquisition so agreed upon,
which advance shall be repaid at such time and in such manner as provided in the agreement, solely from any distribution
to be made to said county under the provisions of RCW
79.22.040; that the title to said lands shall be retained by the
state free from any trust until the state shall have been fully
reimbursed for all funds advanced in connection with such
reacquisition; and that in the event of the failure of the county
to repay such advance in the manner provided, the said forest
lands shall be retained by the state to be administered and/or
disposed of in the same manner as other state forest lands free
and clear of any trust interest therein by said county. Such
county shall make provisions for the reimbursement of the
various funds from any moneys derived from such lands so
acquired, or any other county trust forest board lands which
are distributable in a like manner, for any sums withheld from
funds for other areas which would have been distributed
thereto from time to time but for such agreement. [2003 c
334 § 208; 1959 c 87 § 1. Formerly RCW 76.12.035.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.22.110
79.22.110 Reconveyance to county in certain cases.
Whenever any county shall have acquired by tax foreclosure,
or otherwise, lands within the classification of RCW
79.22.010 and shall have thereafter contracted to sell such
lands to bona fide purchasers before the same may have been
selected as forest lands by the department, and has heretofore
deeded or shall hereafter deed because of inadvertence or
oversight such lands to the state or to the department to be
held under RCW 79.22.040 or any amendment thereof; the
department upon being furnished with a certified copy of
such contract of sale on file in such county and a certificate of
the county treasurer showing said contract to be in good
standing in every particular and that all due payments and
taxes have been made thereon, and upon receipt of a certified
copy of a resolution of the board of county commissioners of
such county requesting the reconveyance to the county of
such lands, is hereby authorized to reconvey such lands to
[2003 RCW Supp—page 980]
79.22.120 Reconveyance to county of certain leased
lands. If the board of natural resources determines that any
forest lands deeded to the board or the state pursuant to this
chapter, which are leased to any county for uses which have
as one permitted use a sanitary landfill and/or transfer station,
are no longer appropriate for management by the board, the
board may reconvey all of the lands included within any such
lease to that county. Reconveyance shall be by quitclaim
deed executed by the chairman of the board. Upon execution
of such deed, full legal and equitable title to such lands shall
be vested in that county, and any leases on such lands shall
terminate. A county that receives any such reconveyed lands
shall indemnify and hold the state of Washington harmless
from any liability or expense arising out of the reconveyed
lands. [1991 c 10 § 1. Formerly RCW 76.12.067.]
PART 2
TRANSFERS OF STATE FOREST LANDS
FOR PUBLIC PARK PURPOSES
79.22.300
79.22.300 Procedure—Reconveyance back when use
ceases. Whenever the board of county commissioners of any
county shall determine that state forest lands, that were
acquired from such county by the state pursuant to RCW
79.22.040 and that are under the administration of the department, are needed by the county for public park use in accordance with the county and the state outdoor recreation plans,
the board of county commissioners may file an application
with the board for the transfer of such state forest lands.
Upon the filing of an application by the board of county
commissioners, the department shall cause notice of the
impending transfer to be given in the manner provided by
RCW 42.30.060. If the department determines that the proposed use is in accordance with the state outdoor recreation
plan, it shall reconvey said state forest lands to the requesting
county to have and to hold for so long as the state forest lands
are developed, maintained, and used for the proposed public
park purpose. This reconveyance may contain conditions to
allow the department to coordinate the management of any
adjacent state owned lands with the proposed park activity to
encourage maximum multiple use management and may
reserve rights of way needed to manage other state owned
lands in the area. The application shall be denied if the
department finds that the proposed use is not in accord with
the state outdoor recreation plan. If the land is not, or ceases
to be, used for public park purposes the land shall be conveyed back to the department upon request of the department.
[2003 c 334 § 213; 1983 c 3 § 195; 1969 ex.s. c 47 § 1. Formerly RCW 76.12.072.]
Intent—2003 c 334: See note following RCW 79.02.010.
Capitol Building Lands
79.22.310
79.22.310 Timber resource management. The timber
resources on any such state forest land transferred to the
counties under RCW 79.22.300 shall be managed by the
department to the extent that this is consistent with park purposes and meets with the approval of the board of county
commissioners. Whenever the department does manage the
timber resources of such lands, it will do so in accordance
with the general statutes relative to the management of all
other state forest lands. [2003 c 334 § 214; 1969 ex.s. c 47 §
2. Formerly RCW 76.12.073.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.22.320
79.22.320 Lands transferred by deed. Under provisions mutually agreeable to the board of county commissioners and the board, lands approved for transfer to a county for
public park purposes under the provisions of RCW 79.22.300
shall be transferred to the county by deed. [2003 c 334 § 215;
1969 ex.s. c 47 § 3. Formerly RCW 76.12.074.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.22.330
79.22.330 Provisions cumulative and nonexclusive.
The provisions of RCW 79.22.300 through 79.22.330 shall
be cumulative and nonexclusive and shall not repeal any
other related statutory procedure established by law. [2003 c
334 § 216; 1969 ex.s. c 47 § 4. Formerly RCW 76.12.075.]
79.28.040
79.28.040 Recodified as RCW 79.13.380. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.28.050
79.28.050 Recodified as RCW 79.13.390. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.28.070
79.28.070 Recodified as RCW 79.13.400. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.28.080
79.28.080 Recodified as RCW 79.13.410. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Chapter 79.36
Chapter 79.24 RCW
CAPITOL BUILDING LANDS
Sections
79.24.580
79.36.230
79.36.240
79.36.250
79.36.260
79.36.270
79.36.280
79.36.290
79.24.580 Recodified as RCW 79.90.245. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Chapter 79.28
Chapter 79.28 RCW
LIEU LANDS
Sections
79.28.010
79.28.020
79.28.030
79.28.040
79.28.050
79.28.070
79.28.080
Recodified as RCW 79.02.120.
Recodified as RCW 79.02.130.
Recodified as RCW 79.02.140.
Recodified as RCW 79.13.380.
Recodified as RCW 79.13.390.
Recodified as RCW 79.13.400.
Recodified as RCW 79.13.410.
79.28.010
79.28.010 Recodified as RCW 79.02.120. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.28.020
79.28.020 Recodified as RCW 79.02.130. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.28.030
79.28.030 Recodified as RCW 79.02.140. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Recodified as RCW 79.36.590.
Recodified as RCW 79.36.600.
Recodified as RCW 79.36.610.
Recodified as RCW 79.36.620.
Recodified as RCW 79.36.630.
Recodified as RCW 79.36.640.
Recodified as RCW 79.36.650.
PART 1
ACQUISITION
79.36.310
79.36.320
79.36.330
79.36.340
Acquisition of property interests for access authorized.
Condemnation—Duty of attorney general.
Disposal of property interests acquired.
Acquisition—Payment.
PART 2
GRANTING
Recodified as RCW 79.90.245.
79.24.580
Chapter 79.36 RCW
EASEMENTS OVER PUBLIC LANDS
Sections
Intent—2003 c 334: See note following RCW 79.02.010.
Chapter 79.24
Chapter 79.36
79.36.350
79.36.355
79.36.360
79.36.370
79.36.380
79.36.390
79.36.400
79.36.410
79.36.430
79.36.440
79.36.450
79.36.460
79.36.470
79.36.480
79.36.490
79.36.500
79.36.510
79.36.520
79.36.530
79.36.540
79.36.550
79.36.560
79.36.570
79.36.580
79.36.590
79.36.600
79.36.610
79.36.620
79.36.630
79.36.640
79.36.650
Application for right of way.
Grant of easements—Same rights as by eminent domain.
Condemnation proceedings involving state land.
Lands subject to easements for removal of valuable materials.
Private easement subject to common user.
Reasonable facilities and service for transportation must be
furnished.
Duty of utilities and transportation commission.
Penalty for violation of orders.
Forfeiture for nonuse.
Right of way for public roads.
Railroad right of way.
Railroad right of way—Procedure to acquire.
Railroad right of way—Appraisement.
Railroad right of way—Improvements—Appraisal.
Railroad right of way—Release or payment of damages.
Railroad right of way—Certificate.
Utility pipe lines, transmission lines, etc.
Utility pipe lines, transmission lines, etc.—Procedure to
acquire.
Utility pipe lines—Appraisal—Certificate—Reversion.
Right of way for irrigation, diking, and drainage purposes.
Right of way for irrigation, diking, and drainage purposes—
Procedure to acquire.
Right of way for irrigation, diking, and drainage purposes—
Appraisal—Certificate.
Grant of overflow rights.
Construction of foregoing sections.
Easement reserved in later grants.
Private easement over state lands.
Easement over public lands subject to common user.
Reservations in grants and leases.
Duty of utilities and transportation commission.
Penalty for violating utilities and transportation commission's
order.
Applications—Appraisement—Certificate—Forfeiture—Fee.
[2003 RCW Supp—page 981]
79.36.230
Title 79 RCW: Public Lands
79.36.230
79.36.230 Recodified as RCW 79.36.590. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.36.240
79.36.240 Recodified as RCW 79.36.600. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.36.250
79.36.250 Recodified as RCW 79.36.610. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.36.260
79.36.260 Recodified as RCW 79.36.620. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.36.270
79.36.270 Recodified as RCW 79.36.630. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.36.280
79.36.280 Recodified as RCW 79.36.640. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.36.290
79.36.290 Recodified as RCW 79.36.650. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
PART 1
ACQUISITION
79.36.310
79.36.310 Acquisition of property interests for access
authorized. Whenever the department finds that it is in the
best interests of the state of Washington to acquire any property or use of a road in private ownership to afford access to
state timber and other valuable material for the purpose of
developing, caring for, or selling the same, the acquisition of
such property, or use thereof, is hereby declared to be necessary for the public use of the state of Washington, and the
department is authorized to acquire such property or the use
of such roads by gift, purchase, exchange, or condemnation,
and subject to all of the terms and conditions of such gift, purchase, exchange, or decree of condemnation to maintain such
property or roads as part of the department's land management road system. [2003 c 334 § 226; 1963 c 140 § 1; 1945
c 239 § 1; Rem. Supp. 1945 § 5823-30. Formerly RCW
76.16.010.]
Intent—2003 c 334: See note following RCW 79.02.010.
Eminent domain: State Constitution Art. 1 § 16; chapter 8.04 RCW.
State lands subject to easements for removal of materials: RCW 79.36.370
and 79.36.590.
79.36.320
79.36.320 Condemnation—Duty of attorney general.
The attorney general of the state of Washington is hereby
required and authorized to condemn said property interests
found to be necessary for the public purposes of the state of
Washington, as provided in RCW 79.36.310, and upon being
furnished with a certified copy of the resolution of the department, describing said property interests found to be necessary
for the purposes set forth in RCW 79.36.310, the attorney
[2003 RCW Supp—page 982]
general shall immediately take steps to acquire said property
interests by exercising the state's right of eminent domain
under the provisions of chapter 8.04 RCW, and in any condemnation action herein authorized, the resolution so
describing the property interests found to be necessary for the
purposes set forth above shall, in the absence of a showing of
bad faith, arbitrary, capricious, or fraudulent action, be conclusive as to the public use and real necessity for the acquisition of said property interests for a public purpose, and said
property interests shall be awarded to the state without the
necessity of either pleading or proving that the department
was unable to agree with the owner or owners of said private
property interest for its purchase. Any condemnation action
herein authorized shall have precedence over all actions,
except criminal actions, and shall be summarily tried and disposed of. [2003 c 334 § 227; 1963 c 140 § 2; 1945 c 239 § 2;
Rem. Supp. 1945 § 5823-31. Formerly RCW 76.16.020.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.36.330
79.36.330 Disposal of property interests acquired. In
the event the department should determine that the property
interests acquired under the authority of this chapter are no
longer necessary for the purposes for which they were
acquired, the department shall dispose of the same in the following manner, when in the discretion of the department it is
to the best interests of the state of Washington to do so,
except that property purchased with educational funds or held
in trust for educational purposes shall be sold only in the
same manner as are public lands of the state:
(1) Where the state property necessitating the acquisition
of private property interests for access purposes under
authority of this chapter is sold or exchanged, the acquired
property interests may be sold or exchanged as an appurtenance of the state property when it is determined by the
department that sale or exchange of the state property and
acquired property interests as one parcel is in the best interests of the state.
(2) If the acquired property interests are not sold or
exchanged as provided in subsection (1) of this section, the
department shall notify the person or persons from whom the
property interest was acquired, stating that the property interests are to be sold, and that the person or persons shall have
the right to purchase the same at the appraised price. The
notice shall be given by registered letter or certified mail,
return receipt requested, mailed to the last known address of
the person or persons. If the address of the person or persons
is unknown, the notice shall be published twice in an official
newspaper of general circulation in the county where the
lands or a portion thereof is located. The second notice shall
be published not less than ten nor more than thirty days after
the notice is first published. The person or persons shall have
thirty days after receipt of the registered letter or five days
after the last date of publication, as the case may be, to notify
the department, in writing, of their intent to purchase the
offered property interest. The purchaser shall include with
his or her notice of intention to purchase, cash payment, certified check, or money order in an amount not less than onethird of the appraised price. No instrument conveying property interests shall issue from the department until the full
price of the property is received by the department. All costs
of publication required under this section shall be added to
Easements Over Public Lands
the appraised price and collected by the department upon sale
of the property interests.
(3) If the property interests are not sold or exchanged as
provided in subsections (1) and (2) of this section, the department shall notify the owners of land abutting the property
interests in the same manner as provided in subsection (2) of
this section and their notice of intent to purchase shall be
given in the manner and in accordance with the same time
limits as are set forth in subsection (2) of this section. However, if more than one abutting owner gives notice of intent to
purchase the property interests, the department shall apportion them in relation to the lineal footage bordering each side
of the property interests to be sold, and apportion the costs to
the interested purchasers in relation thereto. Further, no sale
is authorized by this section unless the department is satisfied
that the amounts to be received from the several purchasers
will equal or exceed the appraised price of the entire parcel
plus any costs of publishing notices.
(4) If no sale or exchange is consummated as provided in
subsections (1) through (3) of this section, the department
shall sell the properties in the same manner as state lands are
sold.
(5) Any disposal of property interests authorized by this
chapter shall be subject to any existing rights previously
granted by the department. [2003 c 334 § 228; 1963 c 140 §
3; 1945 c 239 § 3; Rem. Supp. 1945 § 5823-32. Formerly
RCW 76.16.030.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.36.340
79.36.340 Acquisition—Payment. The department in
acquiring any property interests under the provisions of this
chapter, either by purchase or condemnation, is hereby authorized to pay for the same out of any moneys available to the
department for this purpose. [2003 c 334 § 229; 1963 c 140
§ 4; 1945 c 239 § 4; Rem. Supp. 1945 § 5823-33. Formerly
RCW 76.16.040.]
79.36.370
appraised, and shall notify the applicant of the appraised
value of such timber and such appraisement of damages.
Upon the payment to the department of the amount of the
appraised value of timber and damages, the department shall
issue in duplicate a right of way certificate setting forth the
terms and conditions upon which such right of way is
granted, as provided in the preceding sections, and providing
that whenever such right of way shall cease to be used for the
purpose for which it was granted, or shall not be used in
accordance with such terms and conditions, it shall be
deemed forfeited. One copy of such certificate shall be filed
in the office of the department and one copy delivered to the
applicant. [2003 c 334 § 383; 1927 c 255 § 83; RRS § 779783. Prior: 1921 c 55 § 1; 1915 c 147 § 12; 1897 c 89 § 34;
1895 c 178 § 45. Formerly RCW 79.01.332, 79.36.060.]
Intent—2003 c 334: See note following RCW 79.02.010.
Similar enactment: RCW 79.36.650.
79.36.355
79.36.355 Grant of easements—Same rights as by
eminent domain. The department may grant to any person
such easements and rights in state lands or state forest lands
as the applicant applying therefor may acquire in privately
owned lands through proceedings in eminent domain. No
grant shall be made under this section until such time as the
full market value of the estate or interest granted together
with damages to all remaining property of the state of Washington has been ascertained and safely secured to the state.
[2003 c 334 § 396; 1982 1st ex.s. c 21 § 175; 1961 c 73 § 12.
Formerly RCW 79.01.414.]
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
79.36.360
79.36.360 Condemnation proceedings involving state
land. See RCW 8.28.010.
Intent—2003 c 334: See note following RCW 79.02.010.
79.36.370
PART 2
GRANTING
79.36.350
79.36.350 Application for right of way. Any person,
firm, or corporation engaged in the business of logging or
lumbering, quarrying, mining or removing sand, gravel, or
other valuable materials from land, and desirous of obtaining
a right of way for the purpose of transporting or moving timber, minerals, stone, sand, gravel, or other valuable materials
from other lands, over and across any state lands, or tide or
shore lands belonging to the state, or any such lands sold or
leased by the state since the fifteenth day of June, 1911, shall
file with the department upon a form to be furnished for that
purpose, a written application for such right of way, accompanied by a plat showing the location of the right of way
applied for with references to the boundaries of the government section in which the lands over and across which such
right of way is desired are located. Upon the filing of such
application and plat, the department shall cause the lands
embraced within the right of way applied for, to be inspected,
and all timber thereon, and all damages to the lands affected
which may be caused by the use of such right of way, to be
79.36.370 Lands subject to easements for removal of
valuable materials. All state lands granted, sold or leased
since the fifteenth day of June, 1911, or hereafter granted,
sold or leased, containing timber, minerals, stone, sand,
gravel, or other valuable materials, or when other state lands
contiguous or in proximity thereto contain any such valuable
materials, shall be subject to the right of the state, or any
grantee or lessee thereof who has acquired such other lands,
or any such valuable materials thereon, since the fifteenth day
of June, 1911, or hereafter acquiring such other lands or valuable materials thereon, to acquire the right of way over such
lands so granted, sold or leased, for private railroads, skid
roads, flumes, canals, watercourses or other easements for the
purpose of, and to be used in, transporting and moving such
valuable materials from such other lands, over and across the
lands so granted or leased, upon the state, or its grantee or lessee, paying to the owner of lands so granted or sold, or the
lessee of the lands so leased, reasonable compensation therefor. In case the parties interested cannot agree upon the damages incurred, the same shall be ascertained and assessed in
the same manner as damages are ascertained and assessed
against a railroad company seeking to condemn private property. [1982 1st ex.s. c 21 § 167; 1927 c 255 § 78; RRS §
[2003 RCW Supp—page 983]
79.36.380
Title 79 RCW: Public Lands
7797-78. Prior: 1911 c 109 § 1. Formerly RCW 79.01.312,
79.36.010.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
Railroads, eminent domain: RCW 81.36.010 and 81.53.180.
Similar enactment: RCW 79.36.590.
State lands, eminent domain: RCW 8.28.010.
79.36.380
79.36.380 Private easement subject to common user.
Every grant, deed, conveyance, contract to purchase or lease
made since the fifteenth day of June, 1911, or hereafter made
to any person, firm, or corporation, for a right of way for a
private railroad, skid road, canal, flume, watercourse, or other
easement, over or across any state lands for the purpose of,
and to be used in, transporting and moving timber, minerals,
stone, sand, gravel, or other valuable materials of the land,
shall be subject to the right of the state, or any grantee or lessee thereof, or other person who has acquired since the fifteenth day of June, 1911, or shall hereafter acquire, any lands
containing valuable materials contiguous to, or in proximity
to, such right of way, or who has so acquired or shall hereafter acquire such valuable materials situated upon state lands
or contiguous to, or in proximity to, such right of way, of having such valuable materials transported or moved over such
private railroad, skid road, flume, canal, watercourse, or other
easement, after the same is or has been put in operation, upon
paying therefor just and reasonable rates for transportation, or
for the use of such private railroad, skid road, flume, canal,
watercourse, or other easement, and upon complying with
just, reasonable and proper rules and regulations relating to
such transportation or use, which rates, rules, and regulations,
shall be under the supervision and control of the utilities and
transportation commission. [1982 1st ex.s. c 21 § 168; 1927
c 255 § 79; RRS § 7797-79. Prior: 1911 c 109 § 2. Formerly
RCW 79.01.316, 79.36.020.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
Similar enactment: RCW 79.36.600.
Washington utilities and transportation commission: Chapter 80.01 RCW.
79.36.390
79.36.390 Reasonable facilities and service for transportation must be furnished. Any person, firm or corporation, having acquired such right of way or easement since the
fifteenth day of June, 1911, or hereafter acquiring such right
of way or easement over any state lands for the purpose of
transporting or moving timber, mineral, stone, sand, gravel,
or other valuable materials, and engaged in such business
thereon, shall accord to the state, or any grantee or lessee
thereof, having since the fifteenth day of June, 1911,
acquired, or hereafter acquiring, from the state, any state
lands containing timber, mineral, stone, sand, gravel, or other
valuable materials, contiguous to or in proximity to such right
of way or easement, or any person, firm, or corporation, having since the fifteenth day of June, 1911, acquired, or hereafter acquiring, the timber, mineral, stone, sand, gravel, or
other valuable materials upon any state lands contiguous to or
in proximity to the lands over which such right of way or
easement is operated, proper and reasonable facilities and
service for transporting and moving such valuable materials,
under reasonable rules and regulations and upon payment of
[2003 RCW Supp—page 984]
just and reasonable charges therefor, or, if such right of way
or other easement is not then in use, shall accord the use of
such right of way or easement for transporting and moving
such valuable materials, under reasonable rules and regulations and upon the payment of just and reasonable charges
therefor. [1982 1st ex.s. c 21 § 169; 1927 c 255 § 80; RRS §
7797-80. Prior: 1911 c 109 § 3. Formerly RCW 79.01.320,
79.36.030.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
Similar enactment: RCW 79.36.610.
79.36.400
79.36.400 Duty of utilities and transportation commission. Should the owner or operator of any private railroad, skid road, flume, canal, watercourse or other easement
operating over lands acquired since the fifteenth day of June,
1911, or hereafter acquired, from the state, as in the previous
sections provided, fail to agree with the state, or any grantee
thereof, as to the reasonable and proper rules, regulations and
charges, concerning the transportation of timber, mineral,
stone, sand, gravel or other valuable materials, from lands
contiguous to, or in proximity to, the lands over which such
private railroad, skid road, flume, canal, watercourse or other
easement, is operated, for transporting or moving such valuable materials, the state, or such person, firm or corporation,
owning and desiring to have such valuable materials transported or moved, may apply to the state utilities and transportation commission and have the reasonableness of the rules
and regulations and charges inquired into, and it shall be the
duty of the utilities and transportation commission to inquire
into the same and it is hereby given the same power and
authority to investigate the same as it is now authorized to
investigate or inquire into the reasonableness of rules, regulations and charges made by railroad companies, and it is
authorized and empowered to make any such order as it
would make in an inquiry against a railroad company, and in
case such private railroad, skid road, flume, canal, watercourse or easement, is not then in use, may make such reasonable, proper and just rules and regulations concerning the use
thereof for the purposes aforesaid as may be just and proper,
and such order shall have the same force and effect, and be
binding upon the parties to such hearing, as though such hearing and order was made affecting a common carrier railroad.
[1983 c 4 § 6; 1927 c 255 § 81; RRS § 7797-81. Prior: 1911
c 109 § 4. Formerly RCW 79.01.324, 79.36.040.]
Similar enactment: RCW 79.36.630.
Transportation, general regulations: Chapter 81.04 RCW.
79.36.410
79.36.410 Penalty for violation of orders. In case any
person, firm or corporation, owning or operating any private
railroad, skid road, flume, canal, watercourse or other easement, over and across any state lands, or any lands acquired
since the fifteenth day of June, 1911, or hereafter acquired,
from the state, subject to the provisions of the preceding sections, shall violate or fail to comply with any rule, regulation
or order made by the utilities and transportation commission,
after an inquiry and hearing as provided in the preceding section, such person, firm or corporation, shall be subject to a
penalty of not to exceed one thousand dollars for each and
every violation thereof, and in addition thereto such right of
Easements Over Public Lands
79.36.470
way, private road, skid road, flume, canal, watercourse or
other easement and all improvements and structures on such
right of way, and connected therewith, shall revert to the state
or to the owner of the land over which such right of way is
located, and may be recovered in an action instituted in any
court of competent jurisdiction. [1982 1st ex.s. c 21 § 170;
1927 c 255 § 82; RRS § 7797-82. Prior: 1911 c 109 § 5. Formerly RCW 79.01.328, 79.36.050.]
same in the records of its office, and such approval and record
shall constitute a grant of such right of way from the state.
[2003 c 334 § 385; 2001 c 250 § 12; 1982 1st ex.s. c 21 § 171;
1961 c 73 § 5; 1945 c 145 § 1; 1927 c 255 § 85; Rem. Supp.
1945 § 7797-85. Prior: 1917 c 148 § 9; 1903 c 20 § 1; 1897
c 89 § 35; 1895 c 178 § 46. Formerly RCW 79.01.340,
79.36.080.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
Intent—2003 c 334: See note following RCW 79.02.010.
Similar enactment: RCW 79.36.640.
79.36.450
79.36.430
79.36.430 Forfeiture for nonuse. Any such right of
way heretofore granted which has never been used, or has
ceased to be used for the purpose for which it was granted, for
a period of two years, shall be deemed forfeited. The forfeiture of any such right of way heretofore granted, or granted
under the provisions of the preceding sections, shall be rendered effective by the mailing of a notice of such forfeiture to
the grantee thereof at his or her last known post office address
and by stamping a copy of such certificate, or other record of
the grant, in the office of the department with the word "canceled", and the date of such cancellation. [2003 c 334 § 384;
1927 c 255 § 84; RRS § 7797-84. Prior: 1921 c 55 § 1; 1915
c 147 § 12; 1897 c 89 § 34; 1895 c 178 § 45. Formerly RCW
79.01.336, 79.36.070.]
Intent—2003 c 334: See note following RCW 79.02.010.
Similar enactment: RCW 79.36.650.
79.36.440
79.36.440 Right of way for public roads. Any county
or city or the United States of America or state agency desiring to locate, establish, and construct a road or street over and
across any state lands of the state of Washington shall by resolution of the board of county commissioners of such county,
or city council or other governing body of such city, or proper
agency of the United States of America, or state agency,
cause to be filed in the office of the department a petition for
a right of way for such road or street, setting forth the reasons
for the establishment thereof, accompanied by a duly attested
copy of a plat made by the county or city engineer or proper
agency of the United States of America, or state agency,
showing the location of the proposed road or street with reference to the legal subdivisions, or lots and blocks of the official plat, or the lands, over and across which such right of
way is desired, the amount of land to be taken and the amount
of land remaining in each portion of each legal subdivision or
lot or block bisected by such proposed road or street.
Upon the filing of such petition and plat the department,
if deemed for the best interest of the state to grant the petition,
shall cause the land proposed to be taken to be inspected and
shall appraise the value of the land and valuable materials
thereon and notify the petitioner of such appraised value.
If there are no valuable materials on the proposed right
of way, or upon the payment of the appraised value of the
land and valuable materials thereon, to the department in
cash, or by certified check drawn upon any bank in this state,
or money order, except for all rights of way granted to the
department on which the valuable materials, if any, shall be
sold at public auction or by sealed bid, the department may
approve the plat filed with the petition and file and enter the
79.36.450 Railroad right of way. A right of way
through, over and across any state lands not held under a contract of sale, is hereby granted to any railroad company organized under the laws of this state, or any state or territory of
the United States, or under any act of congress of the United
States, to any extent not exceeding fifty feet on either side of
the center line of any railroad now constructed, or hereafter to
be constructed, and for such greater width as is required for
excavations, embankments, depots, station grounds, passing
tracks or borrow pits, which extra width shall not in any case
exceed two hundred feet on either side of said right of way.
[1927 c 255 § 86; RRS § 7797-86. Prior: 1907 c 104 § 1;
1901 c 173 § 1. Formerly RCW 79.01.344, 79.36.090.]
Railroad rights of way: Chapter 81.52 RCW.
79.36.460
79.36.460 Railroad right of way—Procedure to
acquire. In order to obtain the benefits of RCW 79.36.450,
any railroad company hereafter constructing, or proposing to
construct, a railroad, shall file with the department a copy of
its articles of incorporation, due proof of organization thereunder, a map or maps, accompanied by the field notes of the
survey, showing the location of the line of said railroad, the
width of the right of way and extra widths, if any, and shall
pay to the department as hereinafter provided the amount of
the appraised value of the lands included within the right of
way, and extra widths if any are required, and the damages to
any lands affected by the right of way or extra widths. [2003
c 334 § 386; 1927 c 255 § 87; RRS § 7797-87. Prior: 1907 c
104 § 1; 1901 c 173 § 1. Formerly RCW 79.01.348,
79.36.100.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.36.470
79.36.470 Railroad right of way—Appraisement. All
state lands over which a right of way of any railroad to be
hereafter constructed, shall be located, shall be appraised in
the same manner as in the case of applications for the purchase of state lands, fixing the appraised value per acre for
each lot or block, quarter section or subdivision thereof, less
the improvements, if any, and the damages to any state lands
affected by such right of way, shall be appraised in like manner, and the appraisement shall be recorded and the evidence
or report upon which the same is based shall be preserved of
record, in the office of the department, and the department
shall send notice to the railroad company applying for the
right of way that such appraisement has been made. [2003 c
334 § 387; 1927 c 255 § 88; RRS § 7797-88. Prior: 1901 c
173 §§ 2, 5. Formerly RCW 79.01.352, 79.36.110.]
Intent—2003 c 334: See note following RCW 79.02.010.
[2003 RCW Supp—page 985]
79.36.480
Title 79 RCW: Public Lands
79.36.480
79.36.480 Railroad right of way—Improvements—
Appraisal. Should any improvements, made by anyone not
holding adversely to the state at the time of making such
improvements or made in good faith by a lessee of the state
whose lease had not been canceled or was not subject to cancellation for any cause, or made upon the land by mistake, be
upon any of such lands at the time of the appraisement, the
same shall be separately appraised, together with the damage
and waste done to said lands, or to adjacent lands, by the use
and occupancy of the same, and after deducting from the
amount of the appraisement for improvements the amount of
such damage and waste, the balance shall be regarded as the
value of said improvements, and the railroad company, if not
the owner of such improvements, shall deposit with the
department the value of the same, as shown by the appraisement, within thirty days next following the date thereof. The
department shall hold such moneys for a period of three
months, and unless a demand and proof of ownership of such
improvements shall be made upon the department within said
period of three months, the same shall be deemed forfeited to
the state and deposited with the state treasurer and paid into
the general fund. If two or more persons shall file claims of
ownership of said improvements, within said period of three
months, with the department, the department shall hold such
moneys until the claimants agree or a certified copy of the
judgment decreeing the ownership of said improvements
shall be filed with the department. When notice of agreement
or a certified copy of a judgment has been so filed, the department shall pay over to the owner of the improvements the
money so deposited. [2003 c 334 § 388; 1927 c 255 § 89;
RRS § 7797-89. Prior: 1915 c 147 § 13; 1901 c 173 § 4. Formerly RCW 79.01.356, 79.36.120.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.36.490
79.36.490 Railroad right of way—Release or payment of damages. When the construction or proposed construction of said railroad affects the value of improvements
on state lands not situated on the right of way or extra widths,
the applicant for said right of way shall file with the department a valid release of damages duly executed by the owner
or owners of such improvements, or a certified copy of a
judgment of a court of competent jurisdiction, showing that
compensation for the damages resulting to such owner or
owners, as ascertained in accordance with existing law, has
been made or paid into the registry of such court. [2003 c 334
§ 389; 1927 c 255 § 90; RRS § 7797-90. Prior: 1915 c 147 §
13; 1901 c 173 § 4. Formerly RCW 79.01.360, 79.36.130.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.36.500
79.36.500 Railroad right of way—Certificate. Upon
full payment of the appraised value of any right of way for a
railroad and of damages to state lands affected, the department shall issue to the railroad company applying for such
right of way a certificate in such form as the department may
prescribe, in which the terms and conditions of said easement
shall be set forth and the lands covered thereby described,
and any future grant, or lease, by the state, of the lands
crossed or affected by such right of way shall be subject to the
easement described in the certificate. [2003 c 334 § 390;
1927 c 255 § 91; RRS § 7797-91. Prior: 1915 c 147 § 14;
1901 c 173 § 7. Formerly RCW 79.01.364, 79.36.140.]
[2003 RCW Supp—page 986]
Intent—2003 c 334: See note following RCW 79.02.010.
79.36.510
79.36.510 Utility pipe lines, transmission lines, etc. A
right of way through, over, and across any state lands or state
forest lands, may be granted to any municipal or private corporation, company, association, individual, or the United
States of America, constructing or proposing to construct, or
which has heretofore constructed, any telephone line, ditch,
flume, or pipe line for the domestic water supply of any
municipal corporation or transmission line for the purpose of
generating or transmitting electricity for light, heat, or power.
[1982 1st ex.s. c 21 § 172; 1961 c 73 § 6; 1945 c 147 § 1;
1927 c 255 § 96; Rem. Supp. 1945 § 7797-96. Prior: 1925 c
6 § 1; 1921 c 148 § 1; 1919 c 97 § 1; 1909 c 188 § 1. Formerly
RCW 79.01.384, 79.36.150.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
79.36.520
79.36.520 Utility pipe lines, transmission lines, etc.—
Procedure to acquire. In order to obtain the benefits of the
grant made in RCW 79.36.510, the municipal or private corporation or company, association, individual, or the United
States of America, constructing or proposing to construct, or
which has heretofore constructed, such telephone line, ditch,
flume, pipe line, or transmission line, shall file, with the
department, a map, accompanied by the field notes of the survey and location of such telephone line, ditch, flume, pipe
line, or transmission line, and shall make payment therefor as
provided in RCW 79.36.530. The land within the right of
way shall be limited to an amount necessary for the construction of said telephone line, ditch, flume, pipe line, or transmission line sufficient for the purposes required, together
with sufficient land on either side thereof for ingress and
egress to maintain and repair the same, and the grant shall
include the right to cut all standing timber, and/or reproduction within said right of way. The grant shall also include the
right to cut trees marked as danger trees by the applicant outside of the right of way, which shall be dangerous to the operation and maintenance of the telephone line, ditch, flume,
pipe line, or transmission line upon full payment of the
appraised value thereof. [2003 c 334 § 391; 1961 c 73 § 7;
1959 c 257 § 35; 1945 c 147 § 2; 1927 c 255 § 97; Rem. Supp.
1945 § 7797-97. Prior: 1921 c 148 § 2; 1919 c 97 § 2; 1909
c 188 § 2. Formerly RCW 79.01.388, 79.36.160.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.36.530
79.36.530 Utility pipe lines—Appraisal—Certificate—Reversion. Upon the filing of the plat and field notes,
as provided in RCW 79.36.520, the land applied for and the
valuable materials on the right of way applied for, and the
marked danger trees to be felled off the right of way, if any,
and the improvements included in the right of way applied
for, if any, shall be appraised as in the case of an application
to purchase state lands. Upon full payment of the appraised
value of the land applied for, or upon payment of an annual
rental when the department deems a rental to be in the best
interests of the state, and upon full payment of the appraised
value of the valuable materials and improvements, if any, the
department shall issue to the applicant a certificate of the
grant of such right of way stating the terms and conditions
thereof and shall enter the same in the abstracts and records in
Easements Over Public Lands
its office, and thereafter any sale or lease of the lands affected
by such right of way shall be subject to the easement of such
right of way. Should the corporation, company, association,
individual, state agency, political subdivision of the state, or
the United States of America, securing such right of way ever
abandon the use of the same for a period of sixty months or
longer for the purposes for which it was granted, the right of
way shall revert to the state, or the state's grantee. [2003 c
334 § 392; 2001 c 250 § 13; 1961 c 73 § 8; 1959 c 257 § 36;
1945 c 147 § 3; 1927 c 255 § 98; Rem. Supp. 1945 § 7797-98.
Prior: 1909 c 188 § 3. Formerly RCW 79.01.392,
79.36.170.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.36.540
79.36.540 Right of way for irrigation, diking, and
drainage purposes. A right of way through, over and across
any state lands is hereby granted to any irrigation district, or
irrigation company duly organized under the laws of this
state, and to any association, individual, or the United States
of America, constructing or proposing to construct an irrigation ditch or pipe line for irrigation, or to any diking and
drainage district or any diking and drainage improvement
district proposing to construct a dike or drainage ditch. [1982
1st ex.s. c 21 § 173; 1945 c 147 § 4; 1927 c 255 § 99; Rem.
Supp. 1945 § 7797-99. Prior: 1917 c 148 § 6; 1907 c 161 § 1.
Formerly RCW 79.01.396, 79.36.180.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
79.36.550
79.36.550 Right of way for irrigation, diking, and
drainage purposes—Procedure to acquire. In order to
obtain the benefits of the grant provided for in RCW
79.36.540, the irrigation district, irrigation company, association, individual, or the United States of America, constructing or proposing to construct such irrigation ditch or pipe line
for irrigation, or the diking and drainage district or diking and
drainage improvement district constructing or proposing to
construct any dike or drainage ditch, shall file with the
department a map accompanied by the field notes of the survey and location of the proposed irrigation ditch, pipe line,
dike, or drainage ditch, and shall pay to the state as hereinafter provided, the amount of the appraised value of the said
lands used for or included within such right of way. The land
within said right of way shall be limited to an amount necessary for the construction of the irrigation ditch, pipe line,
dike, or drainage ditch for the purposes required, together
with sufficient land on either side thereof for ingress and
egress to maintain and repair the same. [2003 c 334 § 393;
1945 c 147 § 5; 1927 c 255 § 100; Rem. Supp. 1945 § 7797100. Prior: 1917 c 148 § 7; 1907 c 161 § 2. Formerly RCW
79.01.400, 79.36.190.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.36.560
79.36.560 Right of way for irrigation, diking, and
drainage purposes—Appraisal—Certificate. Upon the filing of the plat and field notes as provided in RCW 79.36.550,
the lands included within the right of way applied for shall be
appraised as in the case of an application to purchase such
lands, at the full market value thereof. Upon full payment of
the appraised value of the lands the department shall issue to
79.36.590
the applicant a certificate of right of way, and enter the same
in the records in its office and thereafter any sale or lease by
the state of the lands affected by such right of way shall be
subject thereto. [2003 c 334 § 394; 1927 c 255 § 101; RRS §
7797-101. Prior: 1907 c 161 § 3. Formerly RCW 79.01.404,
79.36.200.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.36.570
79.36.570 Grant of overflow rights. The department
shall have the power to grant to any person or corporation the
right, privilege, and authority to perpetually back and hold
water upon or over any state lands, and overflow such lands
and inundate the same, whenever the department shall deem
it necessary for the purpose of erecting, constructing, maintaining, or operating any water power plant, reservoir, or
works for impounding water for power purposes, irrigation,
mining, or other public use, but no such rights shall be
granted until the value of the lands to be overflowed and any
damages to adjoining lands of the state, appraised as in the
case of an application to purchase such lands, shall have been
paid by the person or corporation seeking the grant, and if the
construction or erection of any such water power plant, reservoir, or works for impounding water for the purposes heretofore specified, shall not be commenced and diligently prosecuted and completed within such time as the department may
prescribe at the time of the grant, the same may be forfeited
by the department by serving written notice of such forfeiture
upon the person or corporation to whom the grant was made,
but the department, for good cause shown to its satisfaction,
may extend the time within which such work shall be completed. [2003 c 334 § 395; 1982 1st ex.s. c 21 § 174; 1927 c
255 § 102; RRS § 7797-102. Prior: 1915 c 147 §§ 10, 11;
1907 c 125 §§ 1, 2. Formerly RCW 79.01.408, 79.36.210.]
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
Operating agencies: Chapter 43.52 RCW.
79.36.580
79.36.580 Construction of foregoing sections. The
foregoing sections relating to the acquiring of rights of way
and overflow rights through, over and across lands belonging
to the state, shall not be construed as exclusive or as affecting
the right of municipal and public service corporations to
acquire lands belonging to or under control of the state, or
rights of way or other rights thereover, by condemnation proceedings. [1927 c 255 § 103; RRS § 7797-103. Formerly
RCW 79.01.412, 79.36.220.]
Railroad rights of way: Chapter 81.52 RCW.
79.36.590
79.36.590 Easement reserved in later grants. All state
lands hereafter granted, sold or leased shall be subject to the
right of the state, or any grantee or lessee or successor in
interest thereof hereafter acquiring other state lands, or
acquiring the timber, stone, mineral or other natural products
thereon, or the manufactured products thereof to acquire the
right of way over such lands so granted, for logging and/or
lumbering railroads, private railroads, skid roads, flumes,
canals, watercourses, or other easements for the purpose of
and to be used in the transporting and moving of such timber,
stone, mineral or other natural products thereon, and the man[2003 RCW Supp—page 987]
79.36.600
Title 79 RCW: Public Lands
ufactured products thereof from such state land, and all necessary machinery, supplies or materials to be used in transporting, cutting, manufacturing, mining or quarrying any or
all of such products over and across the lands so granted or
leased, upon the state or its grantee or successor in interest
thereof, paying to the owner of the lands so granted, sold, or
leased reasonable compensation therefor. In case the parties
interested cannot agree upon the damages incurred, the same
shall be ascertained and assessed in the same manner as damages are ascertained and assessed against a railroad seeking to
condemn private property. [1927 c 312 § 1; RRS § 8107-1.
Prior: 1911 c 109 § 1. Formerly RCW 79.36.230.]
Severability—1927 c 312: "If any section, subdivision, sentence or
clause in this act shall be held invalid or unconstitutional, such adjudication
shall not affect the validity of the act as a whole, or any section, provision or
part thereof not adjudged invalid or unconstitutional." [1927 c 312 § 8.]
This applies to RCW 79.36.230 through 79.36.290.
Railroads, eminent domain: RCW 81.36.010 and 81.53.180.
Similar enactment: RCW 79.36.370.
79.36.600
79.36.600 Private easement over state lands. Every
grant, deed, conveyance, lease or contract hereafter made to
any person, firm or corporation over and across any state
lands for the purpose of right of way for any logging and/or
lumbering railroad, private railroad, skid road, flume, canal,
watercourse or other easement to be used in the hauling of
timber, stone, mineral or other natural products of the land
and the manufactured products thereof and all necessary
machinery, supplies or materials to be used in transporting,
cutting, manufacturing, mining or quarrying any or all of
such products, shall be subject to the right of the state, or any
grantee or successor in interest thereof, owning or hereafter
acquiring from the state any timber, stone, mineral, or other
natural products, or any state lands containing valuable timber, stone, mineral or other natural products of the land, of
having such timber, stone, mineral or other natural products,
and the manufactured products thereof and all necessary
machinery, supplies or materials to be used in transporting,
cutting, manufacturing, mining or quarrying any or all of
such products transported or moved over such railroad, skid
road, flume, canal, watercourse or other easement, after the
same is or has been put in operation, upon paying therefor
just and reasonable rates for transportation or for the use of
such railroad, skid road, flume, canal, watercourse or other
easement, and upon complying with just, reasonable and
proper rules affecting such transportation, which rates, rules
and regulations shall be under the supervision and control of
the utilities and transportation commission of the state of
Washington. [1983 c 4 § 7; 1927 c 312 § 2; RRS § 8107-2.
Prior: 1911 c 109 § 2. Formerly RCW 79.36.240.]
Similar enactment: RCW 79.36.380.
79.36.610
79.36.610 Easement over public lands subject to
common user. Any person, firm or corporation hereafter
acquiring the right of way or other easement over state lands
or over any tide or shore lands belonging to the state, or over
and across any navigable water or stream for the purpose of
transporting or moving timber, stone, mineral, or other natural products of the lands, and the manufactured products
thereof and engaged in such business thereon, shall accord to
the state or any grantee or successor in interest thereof here[2003 RCW Supp—page 988]
after acquiring state lands containing valuable timber, stone,
mineral or other natural products of the land, or any person,
firm or corporation hereafter acquiring the timber, stone,
mineral or other natural products situate upon state lands, or
the manufactured products thereof proper and reasonable
facilities and service, including physical connection therewith, for the transportation and moving of such timber, stone,
mineral and other natural products of the land, and the manufactured products thereof and all necessary machinery, supplies or materials to be used in transporting, cutting, manufacturing, mining or quarrying any or all of such products
under reasonable rules and regulations upon payment of just
and reasonable charges therefor, or, if such right of way or
other easement is not then in use to have the right to use such
right of way or easement for transporting and moving such
products under such reasonable rules and regulations and
upon payment of just and reasonable charges therefor. [1927
c 312 § 3; RRS § 8107-3. Prior: 1911 c 109 § 3. Formerly
RCW 79.36.250.]
Similar enactment: RCW 79.36.390.
79.36.620
79.36.620 Reservations in grants and leases. Whenever any person, firm, or corporation shall hereafter purchase,
lease, or acquire any state lands, or any easement or interest
therein, or any timber, stone, mineral, or other natural products thereon, or the manufactured products thereof the purchase, lease, or grant shall be subject to the condition or reservation that such person, firm, or corporation, or their successors in interest, shall, whenever any of the timber, stone,
mineral, or other natural products on said lands or the manufactured products thereof are removed, by any logging and/or
lumbering railroad, private railroad, skid road, flume, canal,
watercourse, or other easement, owned, leased, or operated
by such person, firm, or corporation, or their successors in
interest, accord to any other person, firm, or corporation, or
their successors in interest, having the right to remove any
timber, stone, mineral, or other natural products or the manufactured products thereof from any other lands, owned or formerly owned by the state, proper and reasonable facilities and
service, including physical connection therewith, for the
transportation and moving of such other timber, stone, mineral, and other natural products, and the manufactured products thereof and all necessary machinery, supplies, or materials to be used in transporting, cutting, manufacturing, mining,
or quarrying any or all of such products under reasonable
rules and upon payment of just and reasonable charges therefor; and that any conveyance, lease, or mortgage of such logging and/or lumbering railroad, private railroad, skid road,
flume, canal, watercourse, or other easement, shall be subject
to the right of the person, firm, or corporation, or their successors in interest, having the right to remove timber, stone, mineral, or other natural products or the manufactured products
thereof from such other state lands, to be accorded such
proper and reasonable facilities and service, including physical connection therewith, for the transportation and moving
of such other timber, stone, mineral, and other natural products and the manufactured products thereof and all necessary
machinery, supplies, or materials to be used in transporting,
cutting, manufacturing, mining, or quarrying any or all of
such products under reasonable rules and upon payment of
just and reasonable charges therefor; and such purchase,
Easements Over Public Lands
lease, or grant from the state shall also be subject to the condition or reservation that whenever any of the timber, stone,
mineral, or other natural products on such lands or the manufactured products thereof are about to be removed, by means
of any logging and/or lumbering railroad, private railroad,
skid road, flume, canal, watercourse, or other easement, not
owned, controlled, or operated by the person, firm, or corporation owning or having the right to remove, and about to
remove such timber, stone, mineral, or other natural products
or the manufactured products thereof shall exact and require
from the owners and operators of such logging and/or lumbering railroad, private railroad, skid road, flume, canal,
watercourse, or other easement, which shall be binding upon
the successors in interest of such owners and operators, an
agreement and promise, as a part of the contract for removal,
and by virtue of RCW 79.36.590 through 79.36.650 there
shall be deemed to be a part of any such express or implied
contract for removal, an agreement, and promise that such
owners and operators, and their successors in interest, shall
accord to any person, firm, or corporation and their successors in interest, having the right to remove any timber, stone,
mineral, or other natural products or the manufactured products thereof from any lands, owned, or formerly owned by the
state, proper and reasonable facilities and service, including
physical connection therewith, for the transportation and
moving of such timber, stone, mineral, and other natural
products and the manufactured products thereof and all necessary machinery, supplies, or materials to be used in transporting, cutting, manufacturing, mining, or quarrying any or
all of such products and under reasonable rules and upon payment of just and reasonable charges therefor. [2003 c 334 §
495; 1927 c 312 § 4; RRS § 8107-4. Formerly RCW
79.36.260.]
79.36.650
private railroad, skid road, flume, canal, watercourse, or other
easement is not then in use, may adopt such reasonable,
proper, and just rules concerning the use thereof for the purposes aforesaid as may be just and proper and such order
shall have the same force and effect and shall be binding
upon the parties to such hearing as though such hearing and
order was made affecting a railroad. [2003 c 334 § 496; 1983
c 4 § 8; 1927 c 312 § 5; RRS § 8107-5. Prior: 1911 c 109 §
4. Formerly RCW 79.36.270.]
Intent—2003 c 334: See note following RCW 79.02.010.
Similar enactment: RCW 79.36.400.
79.36.640
79.36.640 Penalty for violating utilities and transportation commission's order. In case any person, firm, or corporation owning and/or operating any logging and/or lumbering railroad, private railroad, skid road, flume, canal, watercourse, or other easement subject to the provisions of RCW
79.36.590 through 79.36.650 shall fail to comply with any
rule or order made by the utilities and transportation commission, after an inquiry as provided for in RCW 79.36.630, each
person, firm, or corporation shall be subject to a penalty not
exceeding one thousand dollars, and in addition thereto, the
right of way over state lands theretofore granted to such person, firm, or corporation, and all improvements and structures on such right of way and connected therewith, shall
revert to the state of Washington, and may be recovered by it
in an action instituted in any court of competent jurisdiction,
unless such state lands have been sold. [2003 c 334 § 497;
1983 c 4 § 9; 1927 c 312 § 7; RRS § 8107-7. Prior: 1911 c
109 § 5. Formerly RCW 79.36.280.]
Intent—2003 c 334: See note following RCW 79.02.010.
Similar enactment: RCW 79.36.410.
Intent—2003 c 334: See note following RCW 79.02.010.
79.36.650
79.36.630
79.36.630 Duty of utilities and transportation commission. Should the owner or operator of any logging and/or
lumbering railroad, private railroad, skid road, flume, canal,
watercourse, or other easement operating over lands hereafter
acquired from the state, as in RCW 79.36.590 through
79.36.650 set out, fail to agree with the state or with any subsequent grantee or successor in interest thereof as to the reasonable and proper rules and charges concerning the transportation of timber, stone, mineral, or other natural products
of the land, or the manufactured products thereof and all necessary machinery, supplies, or materials to be used in transporting, cutting, manufacturing, mining, or quarrying any or
all of such products for carrying and transporting such products or for the use of the railroad, skid road, flume, canal,
watercourse, or other easement in transporting such products,
the state or such person, firm, or corporation owning and
desiring to ship such products may apply to the utilities and
transportation commission and have the reasonableness of
the rules and charges inquired into and it shall be the duty of
the utilities and transportation commission to inquire into the
same in the same manner, and it is hereby given the same
power and authority to investigate the same as it is now
authorized to investigate and inquire into the rules and
charges made by railroads and is authorized and empowered
to make such order as it would make in an inquiry against a
railroad, and in case such logging and/or lumbering railroad,
79.36.650 Applications—Appraisement—Certificate—Forfeiture—Fee. Any person, firm, or corporation
shall have a right of way over public lands, subject to the provisions of RCW 79.36.590 through 79.36.650, when necessary, for the purpose of hauling or removing timber, stone,
mineral, or other natural products or the manufactured products thereof of the land. Before, however, any such right of
way grant shall become effective, a written application for
and a plat showing the location of such right of way, with reference to the adjoining lands, shall be filed with the department, and all timber on the right of way, together with the
damages to the land, shall be appraised and paid for in cash
by the person, firm, or corporation applying for such right of
way. The department shall then cause to be issued in duplicate to such person, firm, or corporation a right of way certificate setting forth the conditions and terms upon which the
right of way is granted. Whenever the right of way shall
cease to be used, for a period of two years, for the purpose for
which it was granted, it shall be deemed forfeited, and the
right of way certificate shall contain such a provision. However, any right of way for logging purposes heretofore issued
which has never been used, or has ceased to be used, for a
period of two years, for the purpose of which it was granted,
shall be deemed forfeited and shall be canceled upon the
records of the department. One copy of each certificate shall
be filed with the department and one copy delivered to the
applicant. The forfeiture of the right of way, as herein pro[2003 RCW Supp—page 989]
Chapter 79.38
Title 79 RCW: Public Lands
vided, shall be rendered effective by the mailing of notice of
such a forfeiture to the grantee thereof to his or her last
known post office address and by stamping the copy of the
certificate in the department canceled and the date of such
cancellation. For the issuance of such a certificate the same
fee shall be charged as provided in the case of certificates for
railroad rights of way. [2003 c 334 § 498; 1988 c 128 § 65;
1927 c 312 § 6; RRS § 8107-6. Prior: 1921 c 55 § 1; 1915 c
147 § 12; 1897 c 89 § 34; 1895 c 178 § 45. Formerly RCW
79.36.290.]
Intent—2003 c 334: See note following RCW 79.02.010.
Certificates for railroad rights of way: RCW 79.36.500.
Fees, generally: RCW 79.02.240.
Similar enactment: RCW 79.36.350 and 79.36.430.
Chapter 79.38
Chapter 79.38 RCW
ACCESS ROADS
Sections
79.38.010
79.38.030
79.38.040
79.38.050
79.38.060
79.38.070
(3) Provision for revocation at the discretion of the
department; and
(4) Charges for use. [2003 c 334 § 501; 1961 c 44 § 4.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.38.050
79.38.050 Access road revolving fund. The department shall create, maintain, and administer a revolving fund,
to be known as the access road revolving fund in which shall
be deposited all moneys received by it from users of access
roads as payment for costs incurred or to be incurred in maintaining, repairing, and reconstructing access roads, or public
roads used to provide access to public lands or state forest
lands. The department may use moneys in the fund for the
purposes for which they were obtained without appropriation
by the legislature. [2003 c 334 § 502; 1981 c 204 § 3; 1961 c
44 § 5.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.38.060
Acquisition of property for access to public lands.
Use of roads by purchasers of valuable materials.
Permits for use of roads.
Access road revolving fund.
Use of moneys not deposited in revolving fund.
Department-county agreements for improvement of access
roads.
79.38.010
79.38.010 Acquisition of property for access to public
lands. In addition to any authority otherwise granted by law,
the department shall have the authority to acquire lands,
interests in lands, and other property for the purpose of
affording access by road to public lands or state forest lands
from any public highway. [2003 c 334 § 499; 1961 c 44 § 1.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.38.030
79.38.030 Use of roads by purchasers of valuable
materials. Purchasers of valuable materials from public
lands or state forest lands may use access roads or public
roads for the removal of such materials where the rights
acquired by the state will permit, but use shall be subject to
the right of the department:
(1) To impose reasonable terms for the use, construction,
reconstruction, maintenance, and repair of such access roads;
and
(2) To impose reasonable charges for the use of such
access roads or public roads which have been constructed or
reconstructed through funding by the department. [2003 c
334 § 500; 1981 c 204 § 2; 1961 c 44 § 3.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.38.040
79.38.040 Permits for use of roads. Whenever the
department finds that it is for the best interest of the state and
where the rights acquired by the state will permit, the department may grant permits for the use of access roads to any person. Any permit issued under the authority of this section
shall be subject to reasonable regulation by the department.
Such regulation shall include, but is not limited to, the following matters:
(1) Requirements for construction, reconstruction, maintenance, and repair;
(2) Limitations as to extent and time of use;
[2003 RCW Supp—page 990]
79.38.060 Use of moneys not deposited in revolving
fund. All moneys received by the department from users of
access roads that are not deposited in the access road revolving fund shall be paid as follows:
(1) To reimburse the state fund or account from which
expenditures have been made for the acquisition, construction, or improvement of the access road or public road, and
upon full reimbursement, then
(2) To the funds or accounts for which the public lands
and state forest lands, to which access is provided, are
pledged by law or constitutional provision, in which case the
department shall make an equitable apportionment between
funds and accounts so that no fund or account shall benefit at
the expense of another. [2003 c 334 § 503; 1981 c 204 § 4;
1961 c 44 § 6.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.38.070
79.38.070 Department-county agreements for
improvement of access roads. The department may enter
into agreements with the county to:
(1) Identify public roads used to provide access to state
forest lands in need of improvement;
(2) Establish a time schedule for the improvements;
(3) Advance payments to the county to fund the road
improvements. However, no more than fifty percent of the
access road revolving fund shall be eligible for use as
advance payments to counties. The department shall assess
the fund on January 1st and July 1st of each year to determine
the amount that may be used as advance payments to counties
for road improvements; and
(4) Determine the equitable distribution, if any, of costs
of such improvements between the county and the state
through negotiation of terms and conditions of any resulting
repayment to the fund or funds financing the improvements.
[2003 c 334 § 224; 1981 c 204 § 5. Formerly RCW
76.12.180.]
Intent—2003 c 334: See note following RCW 79.02.010.
Chapter 79.40
Sections
Chapter 79.40 RCW
TRESPASS
Assessments and Charges Against State Lands
79.40.070
79.40.080
Recodified as RCW 79.02.340.
Recodified as RCW 79.02.350.
79.40.070
79.40.070 Recodified as RCW 79.02.340. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.40.080
79.40.080 Recodified as RCW 79.02.350. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Chapter 79.44 RCW
ASSESSMENTS AND CHARGES AGAINST
STATE LANDS
Chapter 79.44
79.60.040
chief administrative officer shall certify to the director of
financial management that the assessment is one properly
chargeable to the state. The director of financial management
shall pay such assessments from funds available or appropriated for this purpose.
Except as provided in RCW 79.44.190 no lands of the
state shall be subject to a lien for unpaid assessments, nor
shall the interest of the state in any land be sold for unpaid
assessments where assessment liens attached to the lands
prior to state ownership. [2003 c 334 § 508; 1979 c 151 §
179; 1971 ex.s. c 116 § 2; 1963 c 20 § 6; 1947 c 205 § 1; Rem.
Supp. 1947 § 8136a.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.44.120
Sections
79.44.020
79.44.030
79.44.060
79.44.120
State to be charged its proportion of cost—Construction of
chapter.
Apportioning cost on leaseholds.
Payment procedure—Lands not subject to lien, exception.
When assessments need not be added in certain cases.
79.44.020
79.44.020 State to be charged its proportion of cost—
Construction of chapter. In all local improvement assessment districts in any assessing district in this state, property
in such district, held or owned by the state shall be assessed
and charged for its proportion of the cost of such local
improvements in the same manner as other property in such
district, it being the intention of this chapter that the state
shall bear its just and equitable proportion of the cost of local
improvements specially benefiting lands of the state. However, none of the provisions of this chapter shall have the
effect, or be construed to have the effect, to alter or modify in
any particular any existing lease of any lands or property
owned by the state, or release or discharge any lessee of any
such lands or property from any of the obligations, covenants, or conditions of the contract under which any such
lands or property are leased or held by any such lessee. [2003
c 334 § 506; 1963 c 20 § 3; 1919 c 164 § 2; RRS § 8126. Cf.
1909 c 154 § 5.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.44.030
79.44.030 Apportioning cost on leaseholds. Where
lands of the state are under lease, the proportionate amounts
to be assessed against the leasehold interest, and the fee simple interest of the state, shall be fixed with reference to the
life of the improvement and the period for which the lease has
yet to run. [2003 c 334 § 507; 1919 c 164 § 3; RRS § 8127.
Cf. 1909 c 154 § 3; 1907 c 74 § 3.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.44.060
79.44.060 Payment procedure—Lands not subject to
lien, exception. When the chief administrative officer of an
agency of state government is satisfied that an assessing district has complied with all the conditions precedent to the
levy of assessments for district purposes, pursuant to this
chapter against lands occupied, used, or under the jurisdiction
of the officer's agency, he or she shall pay them, together with
any interest thereon from any funds specifically appropriated
to the agency therefor or from any funds of the agency which
under existing law have been or are required to be expended
to pay assessments on a current basis. In all other cases, the
79.44.120 When assessments need not be added in
certain cases. Whenever any state school, granted, tide, or
other public lands of the state shall have been charged with
local improvement assessments under any local improvement
assessment district in any incorporated city, town, irrigation,
diking, drainage, port, weed, or pest district, or any other district now authorized by law to levy assessments against lands
of the state, where such assessments are required under existing statutes to be returned to the fund of the state treasury
from which the assessments were originally paid, the department may, and is hereby authorized, to sell such lands for
their appraised valuation without regard to such assessments,
anything to the contrary in the existing statutes notwithstanding. However, nothing in this section shall be construed to
alter in any way any existing statute providing for the method
of procedure in levying assessments against lands of the state
in any of such local improvement assessment districts. [2003
c 334 § 509; 1937 c 80 § 1; RRS § 7797-192a.]
Intent—2003 c 334: See note following RCW 79.02.010.
Chapter 79.60 RCW
SUSTAINED YIELD COOPERATIVE AGREEMENTS
Chapter 79.60
Sections
79.60.010
79.60.020
79.60.030
79.60.040
79.60.050
79.60.060
79.60.070
79.60.080
79.60.090
Recodified as RCW 79.10.400.
Recodified as RCW 79.10.410.
Recodified as RCW 79.10.420.
Recodified as RCW 79.10.430.
Recodified as RCW 79.10.440.
Recodified as RCW 79.10.450.
Recodified as RCW 79.10.460.
Recodified as RCW 79.10.470.
Recodified as RCW 79.10.480.
79.60.010
79.60.010 Recodified as RCW 79.10.400. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.60.020
79.60.020 Recodified as RCW 79.10.410. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.60.030
79.60.030 Recodified as RCW 79.10.420. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.60.040
79.60.040 Recodified as RCW 79.10.430. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
[2003 RCW Supp—page 991]
79.60.050
Title 79 RCW: Public Lands
79.60.050
79.60.050 Recodified as RCW 79.10.440. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
account may be appropriated or transferred by the legislature
for the benefit of all of the trusts from which the funds were
derived. [2003 c 334 § 520; 1993 c 460 § 1; 1985 c 57 § 80;
1981 c 4 § 2; 1961 c 178 § 2.]
79.60.060
79.60.060 Recodified as RCW 79.10.450. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Intent—2003 c 334: See note following RCW 79.02.010.
Effective date—1993 c 460: "This act shall take effect July 1, 1994."
[1993 c 460 § 3.]
Effective date—1985 c 57: See note following RCW 18.04.105.
79.60.070
79.60.070 Recodified as RCW 79.10.460. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.60.080
79.60.080 Recodified as RCW 79.10.470. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.60.090
79.60.090 Recodified as RCW 79.10.480. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Chapter 79.64
Chapter 79.64 RCW
FUNDS FOR MANAGING AND
ADMINISTERING LANDS
Sections
PART 1
STATE LANDS
79.64.010
79.64.020
79.64.030
79.64.040
79.64.050
79.64.090
Definitions.
Resource management cost account—Use.
Expenditures of certain funds in the resource management cost
account to be for trust lands—Use for other lands—Repayment—Ordinary cost not deductible from sale proceeds—
Accounting.
Deductions from proceeds of all transactions authorized—
Limitations.
Deductions to be paid into resource management cost account.
Agricultural college trust management account—Creation.
PART 2
STATE FOREST LANDS
79.64.100
79.64.110
79.64.120
Forest development account.
Revenue distribution.
Retirement of interfund loans—Transfer of timber cutting
rights on state forest lands acquired under RCW 79.22.010 to
the federal land grant trusts—Distribution of revenue from
timber management activities.
PART 1
STATE LANDS
79.64.010
79.64.010 Definitions. As used in this chapter, "rule"
means rule as that term is defined by RCW 34.05.010. [2003
c 334 § 519; 1967 ex.s. c 63 § 1; 1961 c 178 § 1.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.64.020
79.64.020 Resource management cost account—Use.
A resource management cost account in the state treasury is
created to be used solely for the purpose of defraying the
costs and expenses necessarily incurred by the department in
managing and administering public lands and the making and
administering of leases, sales, contracts, licenses, permits,
easements, and rights of way as authorized under the provisions of this title. Appropriations from the resource management cost account to the department shall be expended for no
other purposes. Funds in the resource management cost
[2003 RCW Supp—page 992]
Severability—1981 c 4: See note following RCW 28A.515.320.
79.64.030
79.64.030 Expenditures of certain funds in the
resource management cost account to be for trust lands—
Use for other lands—Repayment—Ordinary cost not
deductible from sale proceeds—Accounting. Funds in the
resource management cost account from the moneys received
from leases, sales, contracts, licenses, permits, easements,
and rights of way issued by the department and affecting
school lands, university lands, scientific school lands, normal
school lands, capitol building lands, or institutional lands
shall be pooled and expended by the department solely for the
purpose of defraying the costs and expenses necessarily
incurred in managing and administering all of the trust lands
enumerated in this section. Such funds may be used for similar costs and expenses in managing and administering other
lands managed by the department provided that such expenditures that have been or may be made on such other lands
shall be repaid to the resource management cost account
together with interest at a rate determined by the board.
Costs and expenses necessarily incurred in managing
and administering agricultural college lands shall not be
deducted from proceeds received from the sale of such lands
or from the sale of resources that are part of the lands. Costs
and expenses incurred in managing and administering agricultural college trust lands shall be funded by appropriation
under RCW 79.64.090.
An accounting shall be made annually of the accrued
expenditures from the pooled trust funds in the account. In
the event the accounting determines that expenditures have
been made from moneys received from trust lands for the
benefit of other lands, such expenditure shall be considered a
debt and an encumbrance against the property benefitted,
including state forest lands. The results of the accounting
shall be reported to the legislature at the next regular session.
The state treasurer is authorized, upon request of the department, to transfer funds between the forest development
account and the resource management cost account solely for
purpose of repaying loans pursuant to this section. [2003 c
334 § 521; 2001 c 250 § 15; 1999 c 279 § 1; 1993 c 460 § 2;
1988 c 70 § 4; 1977 ex.s. c 159 § 2; 1961 c 178 § 3.]
Intent—2003 c 334: See note following RCW 79.02.010.
Effective date—1999 c 279: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999."
[1999 c 279 § 4.]
Effective date—1993 c 460: See note following RCW 79.64.020.
Forest development account: RCW 79.64.100.
79.64.040
79.64.040 Deductions from proceeds of all transactions authorized—Limitations. The board shall determine
the amount deemed necessary in order to achieve the purposes of this chapter and shall provide by rule for the deduc-
Funds for Managing and Administering Lands
tion of this amount from the moneys received from all leases,
sales, contracts, licenses, permits, easements, and rights of
way issued by the department and affecting public lands, provided that no deduction shall be made from the proceeds from
agricultural college lands. Moneys received as deposits from
successful bidders, advance payments, and security under
RCW 79.15.100, 79.15.080, and 79.11.150 prior to December 1, 1981, which have not been subjected to deduction
under this section are not subject to deduction under this section. The deductions authorized under this section shall in no
event exceed twenty-five percent of the moneys received by
the department in connection with any one transaction pertaining to public lands other than second class tide and shore
lands and the beds of navigable waters, and fifty percent of
the moneys received by the department pertaining to second
class tide and shore lands and the beds of navigable waters.
In the event that the department sells logs using the contract harvesting process described in RCW 79.15.500 through
79.15.530, the moneys received subject to this section are the
net proceeds from the contract harvesting sale. [2003 c 334 §
522; 2003 c 313 § 8; 2001 c 250 § 16; 1999 c 279 § 2; 1981
2nd ex.s. c 4 § 3; 1971 ex.s. c 224 § 2; 1967 ex.s. c 63 § 2;
1961 c 178 § 4.]
Reviser's note: This section was amended by 2003 c 313 § 8 and by
2003 c 334 § 522, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—2003 c 334: See note following RCW 79.02.010.
Findings—Severability—2003 c 313: See notes following RCW
79.15.500.
Effective date—1999 c 279: See note following RCW 79.64.030.
Deductions authorized relating to common school lands—Temporary discontinued deductions for common school construction fund—
1983 1st ex.s. c 17: "(1) The deductions authorized in RCW 79.64.040 relating to common school lands may be increased by the board of natural
resources to one hundred percent after temporary discontinued deductions
result in a transfer to the common school construction fund in the amount of
approximately fourteen million dollars or so much thereof as may be necessary to maintain a positive cash balance in the common school construction
fund. The increased deductions shall continue until the additional amounts
received from the increased rate equal the amounts of the deductions that
were discontinued or transferred under subsection (2) of this section. Thereafter the deductions shall be as otherwise provided for in RCW 79.64.040.
(2) If the discontinued deductions will not result in a transfer of fourteen million dollars or so much thereof as may be necessary to maintain a
positive balance in the common school construction fund in the biennium
ending June 30, 1983, the state treasurer shall transfer the difference from the
resource management cost account to the common school construction
fund." [1983 1st ex.s. c 17 § 3.]
79.64.110
appropriates. Moneys in the agricultural college trust management account may be spent only after appropriation.
Expenditures from this account may be used only for the
costs of managing the assets of the agricultural school trust.
[2003 c 334 § 524; 1999 c 279 § 3.]
Intent—2003 c 334: See note following RCW 79.02.010.
Effective date—1999 c 279: See note following RCW 79.64.030.
PART 2
STATE FOREST LANDS
79.64.100
79.64.100 Forest development account. There is created a forest development account in the state treasury. The
state treasurer shall keep an account of all sums deposited
therein and expended or withdrawn therefrom. Any sums
placed in the forest development account shall be pledged for
the purpose of paying interest and principal on the bonds
issued by the department under RCW 79.22.080 and
79.22.090 and the provisions of this chapter, and for the purchase of land for growing timber. Any bonds issued shall
constitute a first and prior claim and lien against the account
for the payment of principal and interest. No sums for the
above purposes shall be withdrawn or paid out of the account
except upon approval of the department.
Appropriations may be made by the legislature from the
forest development account to the department for the purpose
of carrying on the activities of the department on state forest
lands, lands managed on a sustained yield basis as provided
for in RCW 79.10.320, and for reimbursement of expenditures that have been made or may be made from the resource
management cost account in the management of state forest
lands. [2003 c 334 § 219; 2000 2nd sp.s. c 1 § 915; 1999 sp.s.
c 13 § 18; 1998 c 347 § 55; 1988 c 128 § 31; 1985 c 57 § 75;
1977 ex.s. c 159 § 1; 1959 c 314 § 1; 1951 c 149 § 1; 1933 c
118 § 2; 1923 c 154 § 6; RRS § 5812-6. Formerly RCW
76.12.110.]
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—2000 2nd sp.s. c 1: See notes following RCW 41.05.143.
Severability—Effective date—1999 sp.s. c 13: See notes following
RCW 77.85.005.
Effective date—1998 c 347: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 3, 1998]." [1998 c 347 § 56.]
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1981 2nd ex.s. c 4: See note following RCW 43.85.130.
79.64.110
79.64.050
79.64.050 Deductions to be paid into resource management cost account. All deductions from moneys
received made in accordance with RCW 79.64.040 shall be
paid into the resource management cost account and the balance shall be paid into the state treasury to the credit of the
fund otherwise entitled to the proceeds. [2003 c 334 § 523;
2001 c 250 § 17; 1961 c 178 § 5.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.64.090
79.64.090 Agricultural college trust management
account—Creation. The agricultural college trust management account is created in the state treasury. To this account
shall be deposited such funds as the legislature directs or
79.64.110 Revenue distribution. Any moneys derived
from the lease of state forest lands or from the sale of valuable materials, oils, gases, coal, minerals, or fossils from
those lands, must be distributed as follows:
(1) State forest lands acquired through RCW 79.22.040
or by exchange for lands acquired through RCW 79.22.040:
(a) The expense incurred by the state for administration,
reforestation, and protection, not to exceed twenty-five percent, which rate of percentage shall be determined by the
board, must be returned to the forest development account in
the state general fund.
(b) Any balance remaining must be paid to the county in
which the land is located to be paid, distributed, and prorated,
except as otherwise provided in this section, to the various
[2003 RCW Supp—page 993]
79.64.120
Title 79 RCW: Public Lands
funds in the same manner as general taxes are paid and distributed during the year of payment.
(c) Any balance remaining, paid to a county with a population of less than sixteen thousand, must first be applied to
the reduction of any indebtedness existing in the current
expense fund of the county during the year of payment.
(d) With regard to moneys remaining under this subsection (1), within seven working days of receipt of these moneys, the department shall certify to the state treasurer the
amounts to be distributed to the counties. The state treasurer
shall distribute funds to the counties four times per month,
with no more than ten days between each payment date.
(2) State forest lands acquired through RCW 79.22.010
or by exchange for lands acquired through RCW 79.22.010,
except as provided in RCW 79.64.120:
(a) Fifty percent shall be placed in the forest development account.
(b) Fifty percent shall be prorated and distributed to the
state general fund, to be dedicated for the benefit of the public
schools, and the county in which the land is located according
to the relative proportions of tax levies of all taxing districts
in the county. The portion to be distributed to the state general fund shall be based on the regular school levy rate under
RCW 84.52.065 and the levy rate for any maintenance and
operation special school levies. With regard to the portion to
be distributed to the counties, the department shall certify to
the state treasurer the amounts to be distributed within seven
working days of receipt of the money. The state treasurer
shall distribute funds to the counties four times per month,
with no more than ten days between each payment date. The
money distributed to the county must be paid, distributed,
and prorated to the various other funds in the same manner as
general taxes are paid and distributed during the year of payment. [2003 c 334 § 207.]
Intent—2003 c 334: See note following RCW 79.02.010.
the federal land grant trust accounts and resource management cost account as directed by RCW 79.64.040 and
79.64.050;
(b) As determined by the board, an amount not less than
sixteen and seven-tenths percent to the forest development
account;
(c) Fifty percent to be distributed as provided in RCW
79.64.110. [2003 c 334 § 463; 1988 c 70 § 3. Formerly RCW
79.12.035.]
Intent—2003 c 334: See note following RCW 79.02.010.
Purpose—1988 c 70 § 3: "The purpose of RCW 79.12.035 is to provide
a means to retire interfund loans authorized by RCW 79.64.030 from the
resource management cost account to the forest development account. The
resource management cost account is an asset of the federal land grant trusts.
Section 3 of this act is intended to authorize a process by which the interfund
loans may be repaid such that the federal land grant trusts will receive full
fair market value without disruption in income to counties and the state general fund from management activities on state forest lands managed pursuant
to chapter 79.12 RCW." [1988 c 70 § 2.]
Chapter 79.66
Chapter 79.66 RCW
LAND BANK
Sections
79.66.010
79.66.020
79.66.030
79.66.040
79.66.050
79.66.060
79.66.070
79.66.080
79.66.090
79.66.100
79.66.900
79.66.901
Recodified as RCW 79.19.010.
Recodified as RCW 79.19.020.
Recodified as RCW 79.19.030.
Recodified as RCW 79.19.040.
Recodified as RCW 79.19.050.
Recodified as RCW 79.19.060.
Recodified as RCW 79.19.070.
Recodified as RCW 79.19.080.
Recodified as RCW 79.19.090.
Recodified as RCW 79.19.110.
Recodified as RCW 79.19.900.
Recodified as RCW 79.19.901.
79.66.010
79.66.010 Recodified as RCW 79.19.010. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.64.120
79.64.120 Retirement of interfund loans—Transfer
of timber cutting rights on state forest lands acquired
under RCW 79.22.010 to the federal land grant trusts—
Distribution of revenue from timber management activities. (1) The department is authorized to:
(a) Determine the total present account balance with
interest of the interfund loans made by the resource management cost account to the forest development account in
accordance with generally accepted accounting principles;
(b) Subject to approval of the board, effectuate a transfer
of timber cutting rights on state forest lands acquired under
RCW 79.22.010 to the federal land grant trusts in such proportion that each trust receives full and fair market value for
the interfund loans and is fully repaid or so much thereof as
possible within distribution constraints described in subsection (2) of this section.
(2) After the effective date of the transfer authorized by
subsection (1)(b) of this section and until the exercise of the
cutting rights on the timber transferred has been fully satisfied, the distribution of revenue from timber management
activities on state forest lands acquired under RCW
79.22.010 on which cutting rights have been transferred shall
be as follows:
(a) As determined by the board, an amount no greater
than thirty-three and three-tenths percent to be distributed to
[2003 RCW Supp—page 994]
79.66.020
79.66.020 Recodified as RCW 79.19.020. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.66.030
79.66.030 Recodified as RCW 79.19.030. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.66.040
79.66.040 Recodified as RCW 79.19.040. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.66.050
79.66.050 Recodified as RCW 79.19.050. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.66.060
79.66.060 Recodified as RCW 79.19.060. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.66.070
79.66.070 Recodified as RCW 79.19.070. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Multiple Use Concept in Management and Administration of State-Owned Lands
79.66.080
79.66.080 Recodified as RCW 79.19.080. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.70.020
79.68.045
79.68.045 Recodified as RCW 79.10.330. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.68.050
79.66.090
79.66.090 Recodified as RCW 79.19.090. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.68.050 Recodified as RCW 79.10.120. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.68.060
79.66.100
79.66.100 Recodified as RCW 79.19.110. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.68.060 Recodified as RCW 79.10.210. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.68.070
79.66.900
79.66.900 Recodified as RCW 79.19.900. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.68.070 Recodified as RCW 79.10.130. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.68.080
79.66.901
79.66.901 Recodified as RCW 79.19.901. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.68.080 Recodified as RCW 79.90.456. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.68.090
Chapter 79.68
Chapter 79.68 RCW
MULTIPLE USE CONCEPT IN MANAGEMENT AND
ADMINISTRATION OF STATE-OWNED LANDS
79.68.090 Recodified as RCW 79.10.200. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.68.100
Sections
79.68.010
79.68.020
79.68.030
79.68.035
79.68.040
79.68.045
79.68.050
79.68.060
79.68.070
79.68.080
79.68.090
79.68.100
79.68.110
79.68.120
79.68.900
79.68.910
Recodified as RCW 79.10.100.
Recodified as RCW 79.10.110.
Recodified as RCW 79.10.310.
Recodified as RCW 79.10.300.
Recodified as RCW 79.10.320.
Recodified as RCW 79.10.330.
Recodified as RCW 79.10.120.
Recodified as RCW 79.10.210.
Recodified as RCW 79.10.130.
Recodified as RCW 79.90.456.
Recodified as RCW 79.10.200.
Recodified as RCW 79.10.220.
Recodified as RCW 79.10.060.
Recodified as RCW 79.10.280.
Recodified as RCW 79.10.240.
Recodified as RCW 79.10.250.
79.68.010
79.68.010 Recodified as RCW 79.10.100. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.68.100 Recodified as RCW 79.10.220. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.68.110
79.68.110 Recodified as RCW 79.10.060. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.68.120
79.68.120 Recodified as RCW 79.10.280. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.68.900
79.68.900 Recodified as RCW 79.10.240. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.68.910
79.68.910 Recodified as RCW 79.10.250. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Chapter 79.70
79.68.020
79.68.020 Recodified as RCW 79.10.110. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.68.030
79.68.030 Recodified as RCW 79.10.310. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.68.035
79.68.035 Recodified as RCW 79.10.300. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.68.040
79.68.040 Recodified as RCW 79.10.320. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Chapter 79.70 RCW
NATURAL AREA PRESERVES
Sections
79.70.020
79.70.030
79.70.090
Definitions.
Powers of department.
Dedication of property as natural area.
79.70.020
79.70.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Department" means the department of natural
resources.
(2) "Natural areas" and "natural area preserves" include
such public or private areas of land or water which have
retained their natural character, although not necessarily
completely natural and undisturbed, or which are important
[2003 RCW Supp—page 995]
79.70.030
Title 79 RCW: Public Lands
in preserving rare or vanishing flora, fauna, geological, natural historical or similar features of scientific or educational
value and which are acquired or voluntarily registered or dedicated by the owner under this chapter.
(3) "Public lands" and "state lands" have the meaning set
out in RCW 79.02.010.
(4) "Council" means the natural heritage advisory council as established in RCW 79.70.070.
(5) "Commissioner" means the commissioner of public
lands.
(6) "Instrument of dedication" means any written document intended to convey an interest in real property pursuant
to chapter 64.04 RCW.
(7) "Natural heritage resources" means the plant community types, aquatic types, unique geologic types, and special
plant and animal species and their critical habitat as defined
in the natural heritage plan established under RCW
79.70.030.
(8) "Plan" means the natural heritage plan as established
under RCW 79.70.030.
(9) "Program" means the natural heritage program as
established under RCW 79.70.030.
(10) "Register" means the Washington register of natural
area preserves as established under RCW 79.70.030. [2003 c
334 § 548; 1981 c 189 § 1; 1972 ex.s. c 119 § 2.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.70.030
79.70.030 Powers of department. In order to set aside,
preserve, and protect natural areas within the state, the
department is authorized, in addition to any other powers, to:
(1) Establish the criteria for selection, acquisition, management, protection, and use of such natural areas, including:
(a) Limiting public access to natural area preserves consistent with the purposes of this chapter. Where appropriate,
and on a case-by-case basis, a buffer zone with an increased
low level of public access may be created around the environmentally sensitive areas;
(b) Developing a management plan for each designated
natural area preserve. The plan must identify the significant
resources to be conserved consistent with the purposes of this
chapter and identify the areas with potential for low-impact
public and environmental educational uses. The plan must
specify the types of management activities and public uses
that are permitted, consistent with the purposes of this chapter. The department must make the plans available for review
and comment by the public, and state, tribal, and local agencies, prior to final approval;
(2) Cooperate or contract with any federal, state, or local
governmental agency, private organizations, or individuals in
carrying out the purpose of this chapter;
(3) Consistent with the plan, acquire by gift, devise, purchase, grant, dedication, or means other than eminent
domain, the fee or any lesser right or interest in real property
which shall be held and managed as a natural area;
(4) Acquire by gift, devise, grant, or donation any personal property to be used in the acquisition and/or management of natural areas;
(5) Inventory existing public, state, and private lands in
cooperation with the council to assess possible natural areas
to be preserved within the state;
[2003 RCW Supp—page 996]
(6) Maintain a natural heritage program to provide assistance in the selection and nomination of areas containing natural heritage resources for registration or dedication. The
program shall maintain a classification of natural heritage
resources, an inventory of their locations, and a data bank for
such information. The department shall cooperate with the
department of fish and wildlife in the selection and nomination of areas from the data bank that relate to critical wildlife
habitats. Information from the data bank shall be made available to public and private agencies and individuals for environmental assessment and proprietary land management purposes. Usage of the classification, inventory, or data bank of
natural heritage resources for any purpose inconsistent with
the natural heritage program is not authorized;
(7) Prepare a natural heritage plan which shall govern the
natural heritage program in the conduct of activities to create
and manage a system of natural areas that includes natural
resources conservation areas, and may include areas designated under the research natural area program on federal
lands in the state;
(a) The plan shall list the natural heritage resources to be
considered for registration and shall provide criteria for the
selection and approval of natural areas under this chapter;
(b) The department shall provide opportunities for input,
comment, and review to the public, other public agencies,
and private groups with special interests in natural heritage
resources during preparation of the plan;
(c) Upon approval by the council and adoption by the
department, the plan shall be updated and submitted biennially to the appropriate committees of the legislature for their
information and review. The plan shall take effect ninety
days after the adjournment of the legislative session in which
it is submitted unless the reviewing committees suggest
changes or reject the plan; and
(8) Maintain a state register of natural areas containing
significant natural heritage resources to be called the Washington register of natural area preserves. Selection of natural
areas for registration shall be in accordance with criteria
listed in the natural heritage plan and accomplished through
voluntary agreement between the owner of the natural area
and the department. No privately owned lands may be proposed to the council for registration without prior notice to
the owner or registered without voluntary consent of the
owner. No state or local governmental agency may require
such consent as a condition of any permit or approval of or
settlement of any civil or criminal proceeding or to penalize
any landowner in any way for failure to give, or for withdrawal of, such consent.
(a) The department shall adopt rules as authorized by
RCW 43.12.065 and 79.70.030(1) and chapter 34.05 RCW
relating to voluntary natural area registration.
(b) After approval by the council, the department may
place sites onto the register or remove sites from the register.
(c) The responsibility for management of registered natural area preserves shall be with the preserve owner. A voluntary management agreement may be developed between
the department and the owners of the sites on the register.
(d) Any public agency may register lands under provisions of this chapter. [2003 c 334 § 549; 2002 c 284 § 1; 1994
c 264 § 61; 1988 c 36 § 54; 1981 c 189 § 3; 1972 ex.s. c 119
§ 3.]
Milwaukee Road Corridor
Intent—2003 c 334: See note following RCW 79.02.010.
79.70.090
79.70.090 Dedication of property as natural area. (1)
The owner of a registered natural area, whether a private individual or an organization, may voluntarily agree to dedicate
the area as a natural area by executing with the state an instrument of dedication in a form approved by the council. The
instrument of dedication shall be effective upon its recording
in the real property records of the appropriate county or counties in which the natural area is located. The county assessor
in computing assessed valuation shall take into consideration
any reductions in property values and/or highest and best use
which result from natural area dedication.
(2) A public agency owning or managing a registered
natural area preserve may dedicate lands under the provisions
of this chapter.
(3) The department shall adopt rules as authorized by
RCW 43.12.065 and 79.70.030(1) relating to voluntary natural area dedication and defining:
(a) The types of real property interests that may be transferred;
(b) Real property transfer methods and the types of consideration of payment possible;
(c) Additional dedication provisions, such as natural area
management, custody, use, and rights and privileges retained
by the owner; and
(d) Procedures for terminating dedication arrangements.
[2003 c 334 § 550; 1981 c 189 § 6.]
Intent—2003 c 334: See note following RCW 79.02.010.
Chapter 79.73
Chapter 79.73 RCW
MILWAUKEE ROAD CORRIDOR
Sections
79.73.010
79.73.010
79.73.020
79.73.030
79.73.040
79.73.050
79.73.060
Management and control. (Contingent expiration date.)
Management and control. (Contingent effective date.)
Recreational use—Permit—Rules—Fees.
Powers.
Leasing—Duties with respect to unleased portions.
Authority to terminate or modify leases—Notice.
Milwaukee Road corridor—Cross-state trail—Land transfers—Rail carrier franchise.
79.73.010
79.73.010 Management and control. (Contingent
expiration date.) Except as provided in RCW 79A.05.120
and 79A.05.125, the portion of the Milwaukee Road corridor
from the west end of the bridge structure over the Columbia
river, which point is located in section 34, township 16 north,
range 23 east, W.M., to the Idaho border purchased by the
state shall be under the management and control of the
department. [2003 c 334 § 455; 2000 c 11 § 23; 1996 c 129 §
8; 1989 c 129 § 2; 1984 c 174 § 6. Formerly RCW
79.08.275.]
79.73.040
from the west end of the bridge structure over the Columbia
river, which point is located in section 34, township 16 north,
range 23 east, W.M., to the Idaho border purchased by the
state shall be under the management and control of the
department. [2003 c 334 § 456; 1989 c 129 § 2; 1984 c 174 §
6. Formerly RCW 79.08.275.]
Intent—2003 c 334: See note following RCW 79.02.010.
Construction—1989 c 129: See note following RCW 79A.05.315.
Purpose—1984 c 174: See note following RCW 79A.05.315.
79.73.020
79.73.020 Recreational use—Permit—Rules—Fees.
The portion of the Milwaukee Road corridor under management and control of the department shall be open to individuals or organized groups that obtain permits from the department to travel the corridor for recreational purposes. The
department shall, for the purpose of issuing permits for corridor use, adopt rules necessary for the orderly and safe use of
the corridor and protection of adjoining landowners. Permit
fees shall be established at a level that will cover costs of
issuance. Upon request of abutting landowners, the department shall notify the landowners of permits issued for use of
the corridor adjacent to their property. [2003 c 334 § 457;
1984 c 174 § 7. Formerly RCW 79.08.277.]
Intent—2003 c 334: See note following RCW 79.02.010.
Purpose—1984 c 174: See note following RCW 79A.05.315.
79.73.030
79.73.030 Powers. The department may do the following with respect to the portion of the Milwaukee Road corridor under its control:
(1) Enter into agreements to allow the realignment or
modification of public roads, farm crossings, water conveyance facilities, and other utility crossings;
(2) Regulate activities and restrict uses, including, but
not limited to, closing portions of the corridor to reduce fire
danger or protect public safety in consultation with local legislative authorities or fire districts;
(3) Place hazard warning signs and close hazardous
structures;
(4) Renegotiate deed restrictions upon agreement with
affected parties; and
(5) Approve and process the sale or exchange of lands or
easements if (a) such a sale or exchange will not adversely
affect the recreational, transportation, or utility potential of
the corridor and (b) the department has not entered into a
lease of the property in accordance with RCW 79.73.040.
[2003 c 334 § 458; 1984 c 174 § 8. Formerly RCW
79.08.279.]
Intent—2003 c 334: See note following RCW 79.02.010.
Purpose—1984 c 174: See note following RCW 79A.05.315.
79.73.040
Intent—2003 c 334: See note following RCW 79.02.010.
Contingent expiration date—1996 c 129 §§ 7, 8: See note following
RCW 79A.05.315.
Intent—Effective date—Severability—1996 c 129: See notes following RCW 79A.05.115.
Construction—1989 c 129: See note following RCW 79A.05.315.
Purpose—1984 c 174: See note following RCW 79A.05.315.
79.73.010
79.73.010 Management and control. (Contingent
effective date.) The portion of the Milwaukee Road corridor
79.73.040 Leasing—Duties with respect to unleased
portions. (1) The department shall offer to lease, and shall
subsequently lease if a reasonable offer is made, portions of
the Milwaukee Road corridor under its control to the person
who owns or controls the adjoining land for periods of up to
ten years commencing with June 7, 1984. The lessee shall
assume the responsibility for fire protection, weed control,
and maintenance of water conveyance facilities and culverts.
The leases shall follow standard department leasing procedures, with the following exceptions:
[2003 RCW Supp—page 997]
79.73.050
Title 79 RCW: Public Lands
(a) The lessee may restrict public access pursuant to
RCW 79.73.020 and subsection (3) of this section.
(b) The right of renewal shall be to the current lessee if
the lessee still owns or controls the adjoining lands.
(c) If two persons own or control opposite sides of the
corridor, each person shall be eligible for equal portions of
the available property.
(2) The department has the authority to renew leases in
existence on June 7, 1984.
(3) The leases shall contain a provision allowing the
department to issue permits to travel the corridor for recreational purposes.
(4) Unleased portions of the Milwaukee Road property
under this section shall be managed by the department. On
these unleased portions, the department solely shall be
responsible for weed control, culvert, bridge, and other necessary maintenance and fire protection services. The department shall place hazard warning signs and close hazardous
structures on unleased portions and shall regulate activities
and restrict uses, including closing the corridor during seasons of high fire danger. [2003 c 334 § 459; 1984 c 174 § 9.
Formerly RCW 79.08.281.]
Intent—2003 c 334: See note following RCW 79.02.010.
Purpose—1984 c 174: See note following RCW 79A.05.315.
79.76.240
79.76.250
79.76.260
79.76.270
79.76.280
79.76.290
79.76.300
79.76.900
Recodified as RCW 78.60.240.
Recodified as RCW 78.60.250.
Recodified as RCW 78.60.260.
Recodified as RCW 78.60.270.
Recodified as RCW 78.60.280.
Recodified as RCW 78.60.290.
Recodified as RCW 78.60.300.
Recodified as RCW 78.60.900.
79.76.010
79.76.010 Recodified as RCW 78.60.010. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.020
79.76.020 Recodified as RCW 78.60.020. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.030
79.76.030 Recodified as RCW 78.60.030. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.040
79.76.040 Recodified as RCW 78.60.040. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.050
79.73.050
79.73.050 Authority to terminate or modify leases—
Notice. The state, through the department, shall reserve the
right to terminate a lease entered into pursuant to RCW
79.73.040 or modify authorized uses of the corridor for future
recreation, transportation, or utility uses. If the state elects to
terminate the lease, the state shall provide the lessee with a
minimum of six months' notice. [2003 c 334 § 460; 1984 c
174 § 10. Formerly RCW 79.08.283.]
Intent—2003 c 334: See note following RCW 79.02.010.
Purpose—1984 c 174: See note following RCW 79A.05.315.
79.76.050 Recodified as RCW 78.60.050. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.060
79.76.060 Recodified as RCW 78.60.060. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.070
79.76.070 Recodified as RCW 78.60.070. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.73.060
79.73.060 Milwaukee Road corridor—Cross-state
trail—Land transfers—Rail carrier franchise. See RCW
79A.05.115 through 79A.05.130.
Chapter 79.76
Chapter 79.76 RCW
GEOTHERMAL RESOURCES
Sections
79.76.010
79.76.020
79.76.030
79.76.040
79.76.050
79.76.060
79.76.070
79.76.080
79.76.090
79.76.100
79.76.110
79.76.120
79.76.130
79.76.140
79.76.150
79.76.160
79.76.170
79.76.180
79.76.190
79.76.200
79.76.210
79.76.220
79.76.230
Recodified as RCW 78.60.010.
Recodified as RCW 78.60.020.
Recodified as RCW 78.60.030.
Recodified as RCW 78.60.040.
Recodified as RCW 78.60.050.
Recodified as RCW 78.60.060.
Recodified as RCW 78.60.070.
Recodified as RCW 78.60.080.
Recodified as RCW 78.60.090.
Recodified as RCW 78.60.100.
Recodified as RCW 78.60.110.
Recodified as RCW 78.60.120.
Recodified as RCW 78.60.130.
Recodified as RCW 78.60.140.
Recodified as RCW 78.60.150.
Recodified as RCW 78.60.160.
Recodified as RCW 78.60.170.
Recodified as RCW 78.60.180.
Recodified as RCW 78.60.190.
Recodified as RCW 78.60.200.
Recodified as RCW 78.60.210.
Recodified as RCW 78.60.220.
Recodified as RCW 78.60.230.
[2003 RCW Supp—page 998]
79.76.080
79.76.080 Recodified as RCW 78.60.080. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.090
79.76.090 Recodified as RCW 78.60.090. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.100
79.76.100 Recodified as RCW 78.60.100. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.110
79.76.110 Recodified as RCW 78.60.110. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.120
79.76.120 Recodified as RCW 78.60.120. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.130
79.76.130 Recodified as RCW 78.60.130. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Marine Plastic Debris
79.76.140
79.76.140 Recodified as RCW 78.60.140. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.150
79.76.150 Recodified as RCW 78.60.150. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.160
79.76.160 Recodified as RCW 78.60.160. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.170
79.76.170 Recodified as RCW 78.60.170. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.180
79.76.180 Recodified as RCW 78.60.180. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.190
79.76.190 Recodified as RCW 78.60.190. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.200
79.76.200 Recodified as RCW 78.60.200. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.210
79.76.210 Recodified as RCW 78.60.210. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.220
79.76.220 Recodified as RCW 78.60.220. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.230
79.76.230 Recodified as RCW 78.60.230. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.240
79.76.240 Recodified as RCW 78.60.240. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.250
79.76.250 Recodified as RCW 78.60.250. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.260
79.76.260 Recodified as RCW 78.60.260. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.270
79.76.270 Recodified as RCW 78.60.270. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.290
79.76.290 Recodified as RCW 78.60.290. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.300
79.76.300 Recodified as RCW 78.60.300. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.76.900
79.76.900 Recodified as RCW 78.60.900. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Chapter 79.81
Chapter 79.81 RCW
MARINE PLASTIC DEBRIS
Sections
79.81.010
79.81.020
79.81.030
79.81.040
79.81.050
79.81.060
79.81.900
Recodified as RCW 79.97.010.
Recodified as RCW 79.97.020.
Recodified as RCW 79.97.030.
Recodified as RCW 79.97.040.
Recodified as RCW 79.97.050.
Recodified as RCW 79.97.060.
Recodified as RCW 79.97.900.
79.81.010
79.81.010 Recodified as RCW 79.97.010. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.81.020
79.81.020 Recodified as RCW 79.97.020. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.81.030
79.81.030 Recodified as RCW 79.97.030. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.81.040
79.81.040 Recodified as RCW 79.97.040. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.81.050
79.81.050 Recodified as RCW 79.97.050. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.81.060
79.81.060 Recodified as RCW 79.97.060. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
79.81.900
79.81.900 Recodified as RCW 79.97.900. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Chapter 79.90
Chapter 79.90 RCW
AQUATIC LANDS—IN GENERAL
Sections
79.90.150
79.90.215
79.90.245
79.76.280
79.76.280 Recodified as RCW 78.60.280. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Chapter 79.90
79.90.270
Material removed for channel or harbor improvement or flood
control—Use for public purpose.
Highest responsible bidder—Determination.
Deposit, use of proceeds from sale or lease of aquatic lands or
valuable materials therefrom—Aquatic lands enhancement
project grant requirements—Aquatic lands enhancement
account.
Sale procedure—Reservation in contract.
[2003 RCW Supp—page 999]
79.90.150
79.90.325
79.90.330
79.90.340
79.90.380
79.90.400
79.90.456
79.90.458
79.90.480
79.90.580
Title 79 RCW: Public Lands
Contract for sale of rock, gravel, etc.—Royalties—Consideration of flood protection value.
Leases and permits for prospecting and contracts for mining
valuable minerals and specific materials from aquatic lands.
Option contracts for prospecting and leases for mining and
extraction of coal from aquatic lands.
Abstracts of state-owned aquatic lands.
Aquatic lands—Court review of actions.
Fostering use of aquatic environment—Limitation.
Exchange of bedlands—Cowlitz river.
Determination of annual rent rates for lease of aquatic lands
for water-dependent uses—Marina leases.
Gifts of aquatic land—Procedures and criteria.
79.90.150
79.90.150 Material removed for channel or harbor
improvement or flood control—Use for public purpose.
When gravel, rock, sand, silt or other material from any
aquatic lands is removed by any public agency or under public contract for channel or harbor improvement, or flood control, use of such material may be authorized by the department of natural resources for a public purpose on land owned
or leased by the state or any municipality, county, or public
corporation: PROVIDED, That when no public land site is
available for deposit of such material, its deposit on private
land with the landowner's permission is authorized and may
be designated by the department of natural resources to be for
a public purpose. Prior to removal and use, the state agency,
municipality, county, or public corporation contemplating or
arranging such use shall first obtain written permission from
the department of natural resources. No payment of royalty
shall be required for such gravel, rock, sand, silt, or other
material used for such public purpose, but a charge will be
made if such material is subsequently sold or used for some
other purpose: PROVIDED, That the department may authorize such public agency or private landowner to dispose of
such material without charge when necessary to implement
disposal of material. No charge shall be required for any use
of the material obtained under the provisions of this chapter
when used solely on an authorized site. No charge shall be
required for any use of the material obtained under the provisions of this chapter if the material is used for public purposes
by local governments. Public purposes include, but are not
limited to, construction and maintenance of roads, dikes, and
levies. Nothing in this section shall repeal or modify the provisions of RCW 77.55.100 or eliminate the necessity of
obtaining a permit for such removal from other state or federal agencies as otherwise required by law. [2003 c 39 § 41;
1991 c 337 § 1; 1982 1st ex.s. c 21 § 21.]
79.90.215
79.90.215 Highest responsible bidder—Determination. (1) To determine the "highest responsible bidder" under
RCW 79.90.210, the department of natural resources shall be
entitled to consider, in addition to price, the following:
(a) The financial and technical ability of the bidder to
perform the contract;
(b) Whether the bid contains material defects;
(c) Whether the bidder has previously or is currently
complying with terms and conditions of any other contracts
with the state or relevant contracts with entities other than the
state;
(d) Whether the bidder was the "highest responsible bidder" for a sale within the previous five years but failed to
complete the sale, such as by not entering into a resulting
contract or by not paying the difference between the deposit
[2003 RCW Supp—page 1000]
and the total amount due. However, sales that were bid prior
to January 1, 2003, may not be considered for the purposes of
this subsection (1)(d);
(e) Whether the bidder has been convicted of a crime
relating to the public lands or natural resources of the state of
Washington, the United States, or any other state, tribe, or
country, where "conviction" shall include a guilty plea, or
unvacated forfeiture of bail;
(f) Whether the bidder is owned, controlled, or managed
by any person, partnership, or corporation that is not responsible under this statute; and
(g) Whether the subcontractors of the bidder, if any, are
responsible under this statute.
(2) Whenever the department has reason to believe that
the apparent high bidder is not a responsible bidder, the
department may award the sale to the next responsible bidder
or the department may reject all bids pursuant to RCW
79.90.240. [2003 c 28 § 1; 1990 c 163 § 2.]
79.90.245
79.90.245 Deposit, use of proceeds from sale or lease
of aquatic lands or valuable materials therefrom—
Aquatic lands enhancement project grant requirements—Aquatic lands enhancement account. After
deduction for management costs as provided in RCW
79.64.040 and payments to towns under RCW 79.92.110(2),
all moneys received by the state from the sale or lease of
state-owned aquatic lands and from the sale of valuable material from state-owned aquatic lands shall be deposited in the
aquatic lands enhancement account which is hereby created
in the state treasury. After appropriation, these funds shall be
used solely for aquatic lands enhancement projects; for the
purchase, improvement, or protection of aquatic lands for
public purposes; for providing and improving access to such
lands; and for volunteer cooperative fish and game projects.
In providing grants for aquatic lands enhancement
projects, the department shall require grant recipients to
incorporate the environmental benefits of the project into
their grant applications, and the department shall utilize the
statement of environmental benefits in its prioritization and
selection process. The department shall also develop appropriate outcome-focused performance measures to be used
both for management and performance assessment of the
grants. To the extent possible, the department should coordinate its performance measure system with other natural
resource-related agencies as defined in RCW 43.41.270. The
department shall consult with affected interest groups in
implementing this section.
During the fiscal biennium ending June 30, 2003, the
funds may be appropriated for boating safety and shellfish
management, enforcement, and enhancement. [2002 c 371 §
923; 2001 c 227 § 7; 1999 c 309 § 919; 1997 c 149 § 913;
1995 2nd sp.s. c 18 § 923; 1994 c 219 § 12; 1993 sp.s. c 24 §
927; 1987 c 350 § 1; 1985 c 57 § 79; 1984 c 221 § 24; 1982
2nd ex.s. c 8 § 4; 1969 ex.s. c 273 § 12; 1967 ex.s. c 105 § 3;
1961 c 167 § 9. Formerly RCW 79.24.580.]
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Findings—Intent—2001 c 227: See note following RCW 43.41.270.
Severability—Effective date—1999 c 309: See notes following RCW
41.06.152.
Aquatic Lands—In General
Severability—Effective date—1997 c 149: See notes following RCW
43.08.250.
Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
Finding—1994 c 219: See note following RCW 43.88.030.
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.165.070.
Effective date—1987 c 350: "This act shall take effect July 1, 1989."
[1987 c 350 § 3.]
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—Effective date—1984 c 221: See RCW 79.90.901 and
79.90.902.
79.90.270
79.90.270 Sale procedure—Reservation in contract.
Each and every contract for the sale of (and each deed to)
tidelands or shorelands belonging to the state, otherwise permitted under RCW 79.94.150 to be sold, shall contain the reservation contained in RCW 79.11.210. [2003 c 334 § 601;
1982 1st ex.s. c 21 § 33.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.90.325
79.90.325 Contract for sale of rock, gravel, etc.—
Royalties—Consideration of flood protection value.
Whenever, pursuant to RCW 79.15.300, the commissioner
enters into a contract for the sale and removal of rock, gravel,
sand, or silt out of a riverbed, the commissioner shall, when
establishing a royalty, take into consideration flood protection value to the public that will arise as a result of such
removal. [2003 c 334 § 602; 1984 c 212 § 10. Formerly
RCW 79.01.135.]
79.90.458
aquatic lands, to be made and kept in the same manner as provided for in RCW 79.02.200. [2003 c 334 § 605; 1982 1st
ex.s. c 21 § 44.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.90.400
79.90.400 Aquatic lands—Court review of actions.
Any applicant to purchase, or lease, any aquatic lands of the
state, or any valuable materials thereon, and any person
whose property rights or interest will be affected by such sale
or lease, feeling himself or herself aggrieved by any order or
decision of the board, or the commissioner, concerning the
same, may appeal therefrom in the manner provided in RCW
79.02.030. [2003 c 334 § 606; 1982 1st ex.s. c 21 § 46.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.90.456
79.90.456 Fostering use of aquatic environment—
Limitation. The department shall foster the commercial and
recreational use of the aquatic environment for production of
food, fibre, income, and public enjoyment from state-owned
aquatic lands under its jurisdiction and from associated
waters, and to this end the department may develop and
improve production and harvesting of seaweeds and sealife
attached to or growing on aquatic land or contained in aquaculture containers, but nothing in this section shall alter the
responsibility of other state agencies for their normal management of fish, shellfish, game, and water. [2003 c 334 §
541; 1971 ex.s. c 234 § 8. Formerly RCW 79.68.080.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.90.458
Intent—2003 c 334: See note following RCW 79.02.010.
79.90.330
79.90.330 Leases and permits for prospecting and
contracts for mining valuable minerals and specific materials from aquatic lands. The department may issue permits
and leases for prospecting, placer mining contracts, and contracts for the mining of valuable minerals and specific materials, except rock, gravel, sand, silt, coal, or hydrocarbons,
upon and from any aquatic lands belonging to the state, or
which have been sold and the minerals thereon reserved by
the state in tracts not to exceed six hundred forty acres or an
entire government-surveyed section. The procedures contained at RCW 79.14.300 through 79.14.450, inclusive, shall
apply thereto. [2003 c 334 § 603; 1987 c 20 § 16; 1982 1st
ex.s. c 21 § 39.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.90.340
79.90.340 Option contracts for prospecting and
leases for mining and extraction of coal from aquatic
lands. The department is authorized to execute option contracts for prospecting purposes and leases for the mining and
extraction of coal from any aquatic lands owned by the state
or from which it may hereafter acquire title, or from any
aquatic lands sold or leased by the state the minerals of which
have been reserved by the state. The procedures contained at
RCW 79.14.470 through 79.14.580, inclusive, shall apply
thereto. [2003 c 334 § 604; 1982 1st ex.s. c 21 § 40.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.90.380
79.90.380 Abstracts of state-owned aquatic lands.
The department shall cause full and correct abstracts of all
79.90.458 Exchange of bedlands—Cowlitz river. (1)
The department is authorized to exchange bedlands abandoned through rechanneling of the Cowlitz river near the
confluence of the Columbia river so that the state obtains
clear title to the Cowlitz river as it now exists or where it may
exist in the future through the processes of erosion and accretion.
(2) The department is also authorized to exchange bedlands and enter into boundary line agreements to resolve any
disputes that may arise over the location of state-owned lands
now comprising the dike that was created in the 1920s.
(3) For purposes of chapter 150, Laws of 2001, "Cowlitz
river near the confluence of the Columbia river" means those
tidelands and bedlands of the Cowlitz river fronting and abutting sections 10, 11, and 14, township 7 north, range 2 west,
Willamette Meridian and fronting and abutting the Huntington Donation Land Claim No. 47 and the Blakeny Donation
Land Claim No. 43, township 7 north, range 2 west, Willamette Meridian.
(4) Nothing in chapter 150, Laws of 2001 shall be
deemed to convey to the department the power of eminent
domain. [2003 c 334 § 454; 2001 c 150 § 2. Formerly RCW
79.08.260.]
Intent—2003 c 334: See note following RCW 79.02.010.
Findings—2001 c 150: "(1) The legislature finds that in the 1920s the
Cowlitz river near the confluence of the Columbia river in Longview, Washington was diverted from its original course by dredging and construction of
a dike. As a result, a portion of the original bed of the Cowlitz river became
a nonnavigable body of shallow water. Another portion of the original bed
of the Cowlitz river became part of a dike and is indistinguishable from existing islands. The main channel of the Cowlitz river was diverted over uplands
to the south of the original bed and has continued as a navigable channel.
(2) The legislature finds that continued ownership of the nonnavigable
[2003 RCW Supp—page 1001]
79.90.480
Title 79 RCW: Public Lands
portion of the original bed of the Cowlitz river near the confluence of the
Columbia river no longer serves the state's interest in navigation. Ownership
of the existing navigable bed of the Cowlitz river would better serve the
state's interest in navigation. It is also in the state's interest to resolve any
disputes that have arisen because state-owned land is now indistinguishable
from privately owned land within the dike." [2001 c 150 § 1.]
Severability—2001 c 150: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2001 c 150 § 3.]
79.90.480
79.90.480 Determination of annual rent rates for
lease of aquatic lands for water-dependent uses—Marina
leases. Except as otherwise provided by this chapter, annual
rent rates for the lease of state-owned aquatic lands for waterdependent uses shall be determined as follows:
(1)(a) The assessed land value, exclusive of improvements, as determined by the county assessor, of the upland
tax parcel used in conjunction with the leased area or, if there
are no such uplands, of the nearest upland tax parcel used for
water-dependent purposes divided by the parcel area equals
the upland value.
(b) The upland value times the area of leased aquatic
lands times thirty percent equals the aquatic land value.
(2) As of July 1, 1989, and each July 1 thereafter, the
department shall determine the real capitalization rate to be
applied to water-dependent aquatic land leases commencing
or being adjusted under subsection (3)(a) of this section in
that fiscal year. The real capitalization rate shall be the real
rate of return, except that until June 30, 1989, the real capitalization rate shall be five percent and thereafter it shall not
change by more than one percentage point in any one year or
be more than seven percent or less than three percent.
(3) The annual rent shall be:
(a) Determined initially, and redetermined every four
years or as otherwise provided in the lease, by multiplying
the aquatic land value times the real capitalization rate; and
(b) Adjusted by the inflation rate each year in which the
rent is not determined under subsection (3)(a) of this section.
(4) If the upland parcel used in conjunction with the
leased area is not assessed or has an assessed value inconsistent with the purposes of the lease, the nearest comparable
upland parcel used for similar purposes shall be substituted
and the lease payment determined in the same manner as provided in this section.
(5) For the purposes of this section, "upland tax parcel"
is a tax parcel, some portion of which has upland characteristics. Filled tidelands or shorelands with upland characteristics which abut state-owned aquatic land shall be considered
as uplands in determining aquatic land values.
(6) The annual rent for filled state-owned aquatic lands
that have the characteristics of uplands shall be determined in
accordance with RCW 79.90.500 in those cases in which the
state owns the fill and has a right to charge for the fill.
(7)(a) For leases for marina uses only, as of July 1, 2004,
lease rates will be a percentage of the annual gross revenues
generated by that marina. It is the intent of the legislature that
additional legislation be enacted prior to July 1, 2004, to
establish the percentage of gross revenues that will serve as
the basis for a marina's rent and a definition of gross revenues. Annual rent must be recalculated each year based upon
[2003 RCW Supp—page 1002]
the marina's gross revenues from the previous year, as
reported to the department consistent with this subsection (7).
(b) By December 31, 2003, the department will develop
a recommended formula for calculating marina rents consistent with this subsection (7) and report the recommendation
to the legislature. The formula recommended by the department must include a percentage or a range of percentages of
gross revenues, a system for implementing such percentages,
and the designation of revenue sources to be considered for
rent calculation purposes. The department must also ensure,
given the available information, that the rent formula recommended by the department is initially calculated to maintain
state proceeds from marina rents as of July 1, 2003, and that
if the department does not receive income reporting forms
representing at least ninety percent of the projected annual
marina revenue and at least seventy-five percent of all marinas, the current model for calculating marina rents, as
described in subsections (1) through (6) of this section, will
continue to be the method used to calculate marina rents, and
the income method, as described in (a) of this subsection, will
not be applied. In addition to the percent of marina income,
the department shall determine its direct administrative costs
(cost of hours worked directly on applications and leases,
based on salaries and benefits, plus travel reimbursement and
other actual out-of-pocket costs) to calculate, audit, execute,
and monitor marina leases, and shall recover these costs from
lessees. All administrative costs recovered by the department
must be deposited into the resource management cost account
created in RCW 79.64.020. Prior to making recommendations to the legislature, a work session consisting of the
department, marina owners, and stakeholders must be convened to discuss the rate-setting criteria. The legislature
directs the department to deliver recommendations to the legislature by December 2003, including any minority reports by
the participating parties.
(c) When developing its recommendation for a marina
lease formula consistent with this subsection (7), the department shall ensure that the percentage of revenue established
is applied to the income of the direct lessee, as well as to the
income of any person or entity that subleases, or contracts to
operate the marina, with the direct lessee, less the amount
paid by the sublease to the direct lessee.
(d) All marina operators under lease with the department
must return to the department an income reporting form, provided by the department, and certified by a licensed certified
public accountant, before July 1, 2003, and again annually on
a date set by the department. On the income reporting form,
the department may require a marina to disclose to the department any information about income from all marina-related
sources, excluding restaurants and bars. All income reports
submitted to the department are subject to either audit or verification, or both, by the department, and the department may
inspect all of the lessee's books, records, and documents,
including state and federal income tax returns relating to the
operation of the marina and leased aquatic lands at all reasonable times. If the lessee fails to submit the required income
reporting form once the new method for calculating marina
rents is effective, the department may conduct an audit at the
lessee's expense or cancel the lease.
(e) Initially, the marina rent formula developed by the
department pursuant to (b) of this subsection will be applied
Aquatic Lands—Easements and Rights of Way
Chapter 79.91
to each marina on its anniversary date, beginning on July 1,
2004, and will be based on that marina's 2003 income information. Thereafter, rents will be recalculated each year,
based on the marina's gross revenue from the previous year.
(f) No marina lease may be for less than five hundred
dollars plus direct administrative costs.
(8) For all new leases for other water-dependent uses,
issued after December 31, 1997, the initial annual waterdependent rent shall be determined by the methods in subsections (1) through (6) of this section. [2003 c 310 § 1; 1998 c
185 § 2; 1984 c 221 § 7.]
Effective date—2003 c 310: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 14, 2003]." [2003 c 310 § 2.]
Findings—Report—1998 c 185: "(1) The legislature finds that the current method for determining water-dependent rental rates for aquatic land
leases may not be achieving the management goals in RCW 79.90.455. The
current method for setting rental rates, as well as alternatives to the current
methods, should be evaluated in light of achieving management goals for
aquatic lands leases. The legislature further finds that there should be no further increases in water-dependent rental rates for marina leases before the
completion of this evaluation.
(2) The department of natural resources shall study and prepare a report
to the legislature on alternatives to the current method for determination of
water-dependent rent set forth in RCW 79.90.480. The report shall be prepared with the assistance of appropriate outside economic expertise and
stakeholder involvement. Affected stakeholders shall participate with the
department by providing information necessary to complete this study. For
each alternative, the report shall:
(a) Describe each method and the costs and benefits of each;
(b) Compare each with the current method of calculating rents;
(c) Provide the private industry perspective;
(d) Describe the public perspective;
(e) Analyze the impact on state lease revenue;
(f) Evaluate the impacts of water-dependent rates on economic development in economically distressed counties; and
(g) Evaluate the ease of administration.
(3) The report shall be presented to the legislature by November 1,
1998, with the recommendations of the department clearly identified. The
department's recommendations shall include draft legislation as necessary
for implementation of its recommendations." [1998 c 185 § 1.]
79.90.580
79.90.580 Gifts of aquatic land—Procedures and criteria. (1) The department is authorized to accept gifts of
aquatic land within the state, including tidelands, shorelands,
harbor areas, and the beds of navigable waters, which shall
become part of the state-owned aquatic land base. Consistent
with RCW 79.90.455, the department must develop procedures and criteria that state the manner in which gifts of
aquatic land, received after July 27, 2003, may occur. No gift
of aquatic land may be accepted until: (a) An appraisal of the
value of the land has been prepared; (b) an environmental site
assessment has been conducted; and (c) the title property
report has been examined and approved by the attorney general of the state. The results of the appraisal, the site assessment, and the examination of the title property report must be
submitted to the board of natural resources before the department may accept a gift of aquatic land.
(2) The authorization to accept gifts of aquatic land
within the state extends to aquatic land accepted as gifts prior
to July 27, 2003. [2003 c 176 § 1.]
79.91.030
Chapter 79.91 RCW
AQUATIC LANDS—EASEMENTS AND RIGHTS
OF WAY
Sections
79.91.010
79.91.030
79.91.040
79.91.050
79.91.060
79.91.080
79.91.190
79.91.210
Certain aquatic lands subject to easements for removal of valuable materials.
Certain state and aquatic lands subject to easements for
removal of valuable materials—Reasonable facilities and
service for transporting must be furnished.
Certain state and aquatic lands subject to easements for
removal of valuable materials—Duty of utilities and transportation commission.
Certain state and aquatic lands subject to easements for
removal of valuable materials—Penalty for violation of
orders.
Certain state and aquatic lands subject to easements for
removal of valuable materials—Application for right of way.
United States of America, state agency, county, or city right of
way for roads and streets over, and wharves over and upon
aquatic lands.
Grant of overflow rights.
Grant of such easements and rights of way as applicant may
acquire in private lands by eminent domain.
79.91.010
79.91.010 Certain aquatic lands subject to easements
for removal of valuable materials. All tide and shore lands
originally belonging to the state, and which were granted,
sold, or leased at any time after June 15, 1911, and which
contain any valuable materials or are contiguous to or in
proximity of state lands or other tide or shore lands which
contain any valuable materials, shall be subject to the right of
the state or any grantee or lessee thereof who has acquired
such other lands, or any valuable materials thereon, after June
15, 1911, to acquire the right of way over such lands so
granted, sold, or leased, for private railroads, skid roads,
flumes, canals, watercourses, or other easements for the purpose of, and to be used in, transporting and moving such
valuable materials from such other lands, over and across the
lands so granted or leased in accordance with the provisions
of RCW 79.36.370. [2003 c 334 § 607; 1982 1st ex.s. c 21 §
48.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.91.030
79.91.030 Certain state and aquatic lands subject to
easements for removal of valuable materials—Reasonable facilities and service for transporting must be furnished. Any person having acquired a right of way or easement as provided in RCW 79.91.010 and 79.91.020 over any
tidelands or shorelands belonging to the state or over or
across beds of any navigable water or stream for the purpose
of transporting or moving valuable materials and being
engaged in such business, or any grantee or lessee thereof
acquiring after June 15, 1911, state lands or tide or shore
lands containing valuable materials, where said land is contiguous to or in proximity of such right of way or easement,
shall accord to the state or any person acquiring after June 15,
1911, valuable materials upon any such lands, proper and
reasonable facilities and service for transporting and moving
such valuable materials under reasonable rules and upon payment of just and reasonable charges thereof in accordance
with the provisions of RCW 79.36.390. [2003 c 334 § 608;
1982 1st ex.s. c 21 § 50.]
Intent—2003 c 334: See note following RCW 79.02.010.
[2003 RCW Supp—page 1003]
79.91.040
Title 79 RCW: Public Lands
79.91.040
79.91.040 Certain state and aquatic lands subject to
easements for removal of valuable materials—Duty of
utilities and transportation commission. Should the owner
or operator of any private railroad, skid road, flume, canal,
watercourse, or other right of way or easement provided for
in RCW 79.91.020 and 79.91.030 fail to agree with the state
or any grantee or lessee thereof, as to the reasonable and
proper rules and charges, concerning the transportation and
movement of valuable materials from those lands contiguous
to or in proximity to the lands over which such private right
of way or easement is operated, the state or any grantee or
lessee thereof, owning and desiring to have such valuable
materials transported or moved, may apply to the Washington
state utilities and transportation commission for an inquiry
into the reasonableness of the rules, investigate the same, and
make such binding reasonable, proper, and just rates and regulations in accordance with the provisions of RCW
79.36.400. [2003 c 334 § 609; 1982 1st ex.s. c 21 § 51.]
Intent—2003 c 334: See note following RCW 79.02.010.
ment a petition for a right of way for such road or street or
wharf in accordance with the provisions of RCW 79.36.440.
The department may grant the petition if it deems it in
the best interest of the state and upon payment for such right
of way and any damages to the affected aquatic lands. [2003
c 334 § 612; 1982 1st ex.s. c 21 § 55.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.91.190
79.91.190 Grant of overflow rights. The department
shall have the power and authority to grant to any person, the
right, privilege, and authority to perpetually back and hold
water upon or over any state-owned tidelands or shorelands,
and to overflow and inundate the same, whenever the department shall deem it necessary for the purpose of erecting, constructing, maintaining, or operating any water power plant,
reservoir, or works for impounding water for power purposes, irrigation, mining, or other public use in accordance
with the provisions of RCW 79.36.570. [2003 c 334 § 613;
1982 1st ex.s. c 21 § 66.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.91.050
79.91.050 Certain state and aquatic lands subject to
easements for removal of valuable materials—Penalty for
violation of orders. Any person owning or operating any
right of way or easement subject to the provisions of RCW
79.91.020 through 79.91.040, over and across any tidelands
or shorelands belonging to the state or across any beds of
navigable waters, and violating or failing to comply with any
rule or order made by the utilities and transportation commission, after inquiry, investigation, and a hearing as provided in
RCW 79.91.040, shall be subject to the same penalties provided in RCW 79.36.410. [2003 c 334 § 610; 1982 1st ex.s.
c 21 § 52.]
79.91.210
79.91.210 Grant of such easements and rights of way
as applicant may acquire in private lands by eminent
domain. The department may grant to any person such easements and rights in tidelands and shorelands and oyster
reserves owned by the state as the applicant may acquire in
privately or publicly owned lands through proceedings in
eminent domain in accordance with the provisions of RCW
79.36.355. [2003 c 334 § 614; 1982 1st ex.s. c 21 § 68.]
Intent—2003 c 334: See note following RCW 79.02.010.
Chapter 79.94
Intent—2003 c 334: See note following RCW 79.02.010.
79.91.060
79.91.060 Certain state and aquatic lands subject to
easements for removal of valuable materials—Application for right of way. Any person engaged in the business of
logging or lumbering, quarrying, mining, or removing sand,
gravel, or other valuable materials from land, and desirous of
obtaining a right of way or easement provided for in RCW
79.91.010 through 79.91.030 over and across any tide or
shore lands belonging to the state, or beds of navigable
waters or any such lands sold or leased by the state since June
15, 1911, shall file with the department upon a form to be furnished for that purpose, a written application for such right of
way in accordance with the provisions of RCW 79.36.350.
[2003 c 334 § 611; 1982 1st ex.s. c 21 § 53.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.91.080
79.91.080 United States of America, state agency,
county, or city right of way for roads and streets over, and
wharves over and upon aquatic lands. Any county or city
or the United States of America or any state agency desiring
to locate, establish, and construct a road or street over and
across any aquatic lands, or wharf over any tide or shore
lands, belonging to the state, shall by resolution of the legislative body of such county, or city council or other governing
body of such city, or proper agency of the United States of
America or state agency, cause to be filed with the depart[2003 RCW Supp—page 1004]
Chapter 79.94 RCW
AQUATIC LANDS—TIDELANDS
AND SHORELANDS
Sections
79.94.175
79.94.181
79.94.185
79.94.390
79.94.450
79.94.175
Grant of lands for city park or playground purposes.
Exchange of lands to secure city parks and playgrounds.
Director of ecology to assist city parks.
Certain tidelands reserved for recreational use and taking of
fish and shellfish.
United States Navy base—Exchange of property—Procedure.
79.94.175 Grant of lands for city park or playground
purposes. Whenever application is made to the department
by any incorporated city or town or metropolitan park district
for the use of any state owned tide or shore lands within the
corporate limits of said city or town or metropolitan park district for municipal park and/or playground purposes, the
department shall cause such application to be entered in the
records of its office, and shall then forward the same to the
governor, who shall appoint a committee of five representative citizens of the city or town, in addition to the commissioner and the director of ecology, both of whom shall be ex
officio members of the committee, to investigate the lands
and determine whether they are suitable and needed for such
purposes; and, if they so find, the commissioner shall certify
to the governor that the property shall be deeded, when in
accordance with RCW 79.94.150 and 79.94.160, to the city
or town or metropolitan park district and the governor shall
then execute a deed in the name of the state of Washington,
attested by the secretary of state, conveying the use of such
Aquatic Lands—Tidelands and Shorelands
lands to the city or town or metropolitan park district for said
purposes for so long as it shall continue to hold, use, and
maintain the lands for such purposes. [2003 c 334 § 447;
1988 c 127 § 33; 1939 c 157 § 1; RRS § 7993-1. Formerly
RCW 79.08.080.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.94.181
79.94.181 Exchange of lands to secure city parks and
playgrounds. In the event there are no state-owned tide or
shore lands in any such city or town or metropolitan park district suitable for the purposes of RCW 79.94.175 and the
committee finds other lands therein which are suitable and
needed therefor, the department is hereby authorized to
secure the same by exchanging state-owned tide or shore
lands in the same county of equal value therefor, and the use
of the lands so secured shall be conveyed to any such city or
town or metropolitan park district as provided for in RCW
79.94.175. In all such exchanges the department is hereby
authorized and directed, with the assistance of the attorney
general, to execute such agreements, writings, relinquishments, and deeds as are necessary or proper for the purpose of
carrying such exchanges into effect. Upland owners shall be
notified of such state-owned tide or shore lands to be
exchanged. [2003 c 334 § 448; 1939 c 157 § 2; RRS § 79932. Formerly RCW 79.08.090.]
Intent—2003 c 334: See note following RCW 79.02.010.
79.94.185
79.94.185 Director of ecology to assist city parks. The
director of ecology, in addition to serving as an ex officio
member of any such committee, is hereby authorized and
directed to assist any such city or town or metropolitan park
district in the development and decoration of any lands so
conveyed and to furnish trees, grass, flowers and shrubs
therefor. [1988 c 127 § 34; 1939 c 157 § 3; RRS § 7993-3.
Formerly RCW 79.08.100.]
79.94.390
79.94.390 Certain tidelands reserved for recreational
use and taking of fish and shellfish. The following
described tidelands, being public lands of the state, are withdrawn from sale or lease and reserved as public areas for recreational use and for the taking of fish and shellfish for personal use as defined in RCW 77.08.010:
Parcel No. 1. (Point Whitney) The tidelands of the second class, owned by the state of Washington, situate in front
of, adjacent to or abutting upon lots 3, 4, and 5, section 7,
township 26 north, range 1 west, W.M., with a frontage of
72.45 lineal chains, more or less.
Excepting, however, those portions of the above
described tidelands of the second class conveyed to the state
of Washington, department of fish and wildlife through deed
issued May 14, 1925, under application No. 8136, records of
department of public lands.
Parcel No. 2. (Point Whitney) The tidelands of the second class lying below the line of mean low tide, owned by the
state of Washington, situate in front of lot 1, section 6, township 26 north, range 1 west, W.M., with a frontage of 21.00
lineal chains, more or less; also
The tidelands of the second class, owned by the state of
Washington, situate in front of, adjacent to or abutting upon
lots 6 and 7, and that portion of lot 5, section 1, township 26
79.94.390
north, range 1 west, W.M., lying south of a line running due
west from a point on the government meander line which is S
22° E 1.69 chains from an angle point in said meander line
which is S 15° W 1.20 chains, more or less, from the point of
intersection of the north line of said lot 5 and said meander
line, with a frontage of 40.31 lineal chains, more or less.
Parcel No. 3. (Toandos Peninsula) The tidelands of the
second class, owned by the state of Washington, situate in
front of, adjacent to, or abutting upon lots 1, 2, and 3, section
5, lots 1, 2, and 3, section 4, and lot 1, section 3, all in township 25 north, range 1 west, W.M., with a frontage of 158.41
lineal chains, more or less.
Parcel No. 4. (Shine) The tidelands of the second class,
owned by the state of Washington, situate in front of, adjacent to, or abutting upon lots 1, 2, 3 and that portion of lot 4
lying north of the south 8.35 chains thereof as measured
along the government meander line, all in section 35, township 28 north, range 1 east, W.M., with a frontage of 76.70
lineal chains, more or less.
Subject to an easement for right of way for county road
granted to Jefferson county December 8, 1941 under application No. 1731, records of department of public lands.
Parcel No. 5. (Lilliwaup) The tidelands of the second
class, owned by the state of Washington, lying easterly of the
east line of vacated state oyster reserve plat No. 133 produced
southerly and situate in front of, adjacent to or abutting upon
lot 9, section 30, lot 8, section 19 and lot 5 and the south 20
acres of lot 4, section 20, all in township 23 north, range 3
west, W.M., with a frontage of 62.46 lineal chains, more or
less.
Subject to easements for rights of way for state road
granted through the filing of state road plats No. 374 December 15, 1930, No. 661, March 29, 1949, and No. 666 August
25, 1949, records of department of public lands.
Parcel No. 6. (Nemah) Those portions of the tidelands of
the second class, owned by the state of Washington, situate in
front of, adjacent to, or abutting upon lots 5, 6, and 7, section
3 and lots 1, 2, and 3, section 4, township 12 north, range 10
west, W.M., lots 1, 2, 3, and 4, section 34, section 27 and lots
1, 2, 3 and 4, section 28, township 13 north, range 10 west,
W.M., lying easterly of the easterly line of the Nemah Oyster
reserve and easterly of the easterly line of a tract of tidelands
of the second class conveyed through deed issued July 28,
1938, pursuant to the provisions of chapter 24, Laws of 1895,
under application No. 9731, with a frontage of 326.22 lineal
chains, more or less.
Parcels No. 7 and 8. (Penn Cove) The unplatted tidelands of the first class, and tidelands of the second class,
owned by the state of Washington, situate in front of, adjacent to, or abutting upon lots 1 and 2, section 33, lots 1, 2, 3,
and 4, section 32, lots 2 and 3 and the B.P. Barstow D.L.C.
No. 49, sections 30 and 31 and that portion of the R.H. Lansdale D.L.C. No. 54 in section 30, lying west of the east 3.00
chains thereof as measured along the government meander
line, all in township 32 north, range 1 east, W.M., with a
frontage of 260.34 lineal chains, more or less.
Excepting, however, the tidelands above the line of mean
low tide in front of said lot 1, section 32 which were conveyed as tidelands of the second class through deed issued
[2003 RCW Supp—page 1005]
79.94.450
Title 79 RCW: Public Lands
December 29, 1908, application No. 4957, records of department of public lands.
Subject to an easement for right of way for transmission
cable line granted to the United States of America Army
Engineers June 7, 1943, under application No. 17511, records
of department of public lands.
Parcel No. 9. (South of Penn Cove) The tidelands of the
second class, owned by the state of Washington, situate in
front of, adjacent to, or abutting upon lots 2, 3 and 4, section
17 and lots 1, 2 and 3, section 20, township 31 north, range 2
east, W.M., with a frontage of 129.97 lineal chains, more or
less.
Parcel No. 10. (Mud Bay—Lopez Island) The tidelands
of the second class, owned by the state of Washington situate
in front of, adjacent to, or abutting upon lots 5, 6 and 7, section 18, lot 5, section 7 and lots 3, 4, and 5, section 8, all in
township 34 north, range 1 west, W.M., with a frontage of
172.11 lineal chains, more or less.
Excepting, however, any tideland of the second class in
front of said lot 3, section 8 conveyed through deeds issued
April 14, 1909, pursuant to the provisions of chapter 24,
Laws of 1895, under application No. 4985, records of department of public lands.
Parcel No. 11. (Cattle Point) The tidelands of the second
class, owned by the state of Washington, situate in front of,
adjacent to, or abutting upon lot 1, section 6, lots 1, 3, 4, 5, 6,
7, 8, 9, and 10, section 7, lots 1, 2, 3, 4, 5, 6 and 7, section 8
and lot 1, section 5, all in township 34 north, range 2 west,
W.M., with a frontage of 463.88 lineal chains, more or less.
Excepting, however, any tidelands of the second class in
front of said lot 10, section 7 conveyed through deed issued
June 1, 1912, under application No. 6906, records of department of public lands.
Parcel No. 12. (Spencer Spit) The tidelands of the second class, owned by the state of Washington, situate in front
of, adjacent to, or abutting upon lots 1, 3, and 4, section 7, and
lot 5, section 18 all in township 35 north, range 1 west, W.M.,
with a frontage of 118.80 lineal chains, more or less. [2003 c
39 § 42; 1994 c 264 § 66; 1983 1st ex.s. c 46 § 181; 1982 1st
ex.s. c 21 § 124.]
Tidelands—Upland owner use: "The state department of fisheries is
authorized to permit designated portions of the following described tidelands
to be used by the upland owners thereof for the purpose of building and
maintaining docks: Tidelands of the second class owned by the state of
Washington situated in front of, adjacent to, or abutting upon, the entire west
side of lot 1, section 5, Township 34 North, Range 2 West, W.M., to the
northernmost tip of said lot, and lots 2 and 3, section 8, Township 34 North,
Range 2 West, W.M. (Cattle Point)." [1967 ex.s. c 128 § 1.]
79.94.450
79.94.450 United States Navy base—Exchange of
property—Procedure. The department is authorized to
deed, by exchanges of property, to the United States Navy
those tidelands necessary to facilitate the location of the
United States Navy base in Everett. In carrying out this
authority, the department shall request that the governor execute the deed in the name of the state attested to by the secretary of state. The department will follow the requirements
outlined in RCW 79.17.050 in making the exchange. The
department must exchange the state's tidelands for lands of
equal value, and the land received in the exchange must be
suitable for natural preserves, recreational purposes, or have
commercial value. The lands must not have been previously
[2003 RCW Supp—page 1006]
used as a waste disposal site. Choice of the site must be made
with the advice and approval of the board. [2003 c 334 § 615;
1987 c 271 § 4.]
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1987 c 271: See note following RCW 79.95.050.
Chapter 79.96 RCW
AQUATIC LANDS—OYSTERS, GEODUCKS,
SHELLFISH, AND OTHER AQUACULTURAL USES
Chapter 79.96
Sections
79.96.080
79.96.200
79.96.210
79.96.220
79.96.220
79.96.230
79.96.080
Geoduck harvesting—Agreements, regulation.
Seaweed—Marine aquatic plants defined.
Seaweed—Personal use limit—Commercial harvesting prohibited—Exception—Import restriction.
Seaweed—Harvest and possession violations—Penalties and
damages. (Effective until July 1, 2004.)
Seaweed—Harvest and possession violations—Penalties and
damages. (Effective July 1, 2004.)
Seaweed—Enforcement.
79.96.080 Geoduck harvesting—Agreements, regulation. (1) Geoducks shall be sold as valuable materials under
the provisions of chapter 79.90 RCW. After confirmation of
the sale, the department of natural resources may enter into
an agreement with the purchaser for the harvesting of geoducks. The department of natural resources may place terms
and conditions in the harvesting agreements as the department deems necessary. The department of natural resources
may enforce the provisions of any harvesting agreement by
suspending or canceling the harvesting agreement or through
any other means contained in the harvesting agreement. Any
geoduck harvester may terminate a harvesting agreement
entered into pursuant to this subsection if actions of a governmental agency, beyond the control of the harvester, its agents,
or its employees, prohibit harvesting, for a period exceeding
thirty days during the term of the harvesting agreement,
except as provided within the agreement. Upon such termination of the agreement by the harvester, the harvester shall
be reimbursed by the department of natural resources for the
cost paid to the department on the agreement, less the value
of the harvest already accomplished by the harvester under
the agreement.
(2) Harvesting agreements under this title for the purpose
of harvesting geoducks shall require the harvester and the
harvester's agent or representatives to comply with all applicable commercial diving safety standards and regulations
promulgated and implemented by the federal occupational
safety and health administration established under the federal
occupational safety and health act of 1970 as such law exists
or as hereafter amended (84 Stat. 1590 et seq.; 29 U.S.C. Sec.
651 et seq.): PROVIDED, That for the purposes of this section and RCW 77.60.070 as now or hereafter amended, all
persons who dive for geoducks are deemed to be employees
as defined by the federal occupational safety and health act.
All harvesting agreements shall provide that failure to comply with these standards is cause for suspension or cancellation of the harvesting agreement: PROVIDED FURTHER,
That for the purposes of this subsection if the harvester contracts with another person or entity for the harvesting of geoducks, the harvesting agreement shall not be suspended or
canceled if the harvester terminates its business relationship
with such entity until compliance with this subsection is
Aquatic Lands—Oysters, Geoducks, Shellfish, and Other Aquacultural Uses
secured. [2003 c 39 § 43; 1990 c 163 § 4; 1982 1st ex.s. c 21
§ 141.]
79.96.200
79.96.200 Seaweed—Marine aquatic plants defined.
Unless the context clearly requires otherwise, the definition
in this section applies throughout this chapter.
"Marine aquatic plants" means saltwater marine plant
species that are dependent upon the marine aquatic or tidal
environment, and exist in either an attached or free-floating
state. Marine aquatic plants include but are not limited to seaweed of the classes Chlorophyta, Phaeophyta, and Rhodophyta. [1993 c 283 § 2. Formerly RCW 79.01.800.]
Findings—1993 c 283: "The legislature finds that the plant resources
of marine aquatic ecosystems have inherent value and provide essential habitat. These resources are also becoming increasingly valuable as economic
commodities and may be declining. The legislature further finds that the regulation of harvest of these resources is currently inadequate to afford necessary protection." [1993 c 283 § 1.]
79.96.230
RCW 9.92.030, and a violation taking place on aquatic lands
is subject to the provisions of RCW 79.02.300. A person
committing a violation of this section on private tidelands
which he or she owns is liable to the state for treble the
amount of damages to the seaweed resource, and a person
trespassing on private tidelands and committing a violation of
this section is liable to the private tideland owner for treble
the amount of damages to the seaweed resource. Damages
recoverable include, but are not limited to, damages for the
market value of the seaweed, for injury to the aquatic ecosystem, and for the costs of restoration. In addition, the person
is liable for reimbursing the injured party for the party's reasonable costs, including but not limited to investigative costs
and reasonable attorneys' fees and other litigation-related
costs. [2003 c 334 § 443; 1994 c 286 § 2; 1993 c 283 § 4.
Formerly RCW 79.01.810.]
Intent—2003 c 334: See note following RCW 79.02.010.
Effective date—1994 c 286: See note following RCW 79.01.805.
79.96.210
79.96.210 Seaweed—Personal use limit—Commercial harvesting prohibited—Exception—Import restriction. (1) The maximum daily wet weight harvest or possession of seaweed for personal use from all aquatic lands as
defined under RCW 79.90.010 and all privately owned tidelands is ten pounds per person. The department in cooperation with the department of fish and wildlife may establish
seaweed harvest limits of less than ten pounds for conservation purposes. This section shall in no way affect the ability
of any state agency to prevent harvest of any species of
marine aquatic plant from lands under its control, ownership,
or management.
(2) Except as provided under subsection (3) of this section, commercial harvesting of seaweed from aquatic lands as
defined under RCW 79.90.010, and all privately owned tidelands is prohibited. This subsection shall in no way affect
commercial seaweed aquaculture.
(3) Upon mutual approval by the department and the
department of fish and wildlife, seaweed species of the genus
Macrocystis may be commercially harvested for use in the
herring spawn-on-kelp fishery.
(4) Importation of seaweed species of the genus Macrocystis into Washington state for the herring spawn-on-kelp
fishery is subject to the fish and shellfish disease control policies of the department of fish and wildlife. Macrocystis shall
not be imported from areas with fish or shellfish diseases
associated with organisms that are likely to be transported
with Macrocystis. The department shall incorporate this policy on Macrocystis importation into its overall fish and shellfish disease control policies. [2003 c 334 § 442; 1996 c 46 §
1; 1994 c 286 § 1; 1993 c 283 § 3. Formerly RCW
79.01.805.]
Intent—2003 c 334: See note following RCW 79.02.010.
Effective date—1994 c 286: "This act shall take effect July 1, 1994."
[1994 c 286 § 6.]
Findings—1993 c 283: See note following RCW 79.01.800.
79.96.220
79.96.220 Seaweed—Harvest and possession violations—Penalties and damages. (Effective until July 1,
2004.) It is unlawful to exceed the harvest and possession
restrictions imposed under RCW 79.96.210. A violation of
this section is a misdemeanor punishable in accordance with
Findings—1993 c 283: See note following RCW 79.01.800.
79.96.220
79.96.220 Seaweed—Harvest and possession violations—Penalties and damages. (Effective July 1, 2004.)
(1) It is unlawful to exceed the harvest and possession restrictions imposed under RCW 79.96.210.
(2) A violation of this section is a misdemeanor, and a
violation taking place on aquatic lands is subject to the provisions of RCW 79.02.300.
(3) A person committing a violation of this section on
private tidelands which he or she owns is liable to the state for
treble the amount of damages to the seaweed resource, and a
person trespassing on private tidelands and committing a violation of this section is liable to the private tideland owner for
treble the amount of damages to the seaweed resource. Damages recoverable include, but are not limited to, damages for
the market value of the seaweed, for injury to the aquatic ecosystem, and for the costs of restoration. In addition, the person is liable for reimbursing the injured party for the party's
reasonable costs, including but not limited to investigative
costs and reasonable attorneys' fees and other litigationrelated costs. [2003 c 334 § 443; 2003 c 53 § 380; 1994 c 286
§ 2; 1993 c 283 § 4. Formerly RCW 79.01.810.]
Reviser's note: This section was amended by 2003 c 53 § 380 and by
2003 c 334 § 443, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—2003 c 334: See note following RCW 79.02.010.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1994 c 286: See note following RCW 79.01.805.
Findings—1993 c 283: See note following RCW 79.01.800.
79.96.230
79.96.230 Seaweed—Enforcement. The department
of fish and wildlife and law enforcement authorities may
enforce the provisions of RCW 79.96.210 and 79.96.220.
[2003 c 334 § 444; 1994 c 286 § 3; 1993 c 283 § 5. Formerly
RCW 79.01.815.]
Intent—2003 c 334: See note following RCW 79.02.010.
Effective date—1994 c 286: See note following RCW 79.01.805.
Findings—1993 c 283: See note following RCW 79.01.800.
[2003 RCW Supp—page 1007]
Chapter 79.97
Chapter 79.97
Title 79 RCW: Public Lands
Chapter 79.97 RCW
MARINE PLASTIC DEBRIS
Sections
79.97.010
79.97.020
79.97.030
79.97.040
79.97.050
79.97.060
79.97.900
marine plastic debris related issues. [1989 c 23 § 5. Formerly
RCW 79.81.050.]
79.97.060
Intent.
Definitions.
Coordinating implementation—Rules.
Agreements with other entities.
Employees—Information clearinghouse contracts.
Grants, funds, or gifts.
Severability—1989 c 23.
79.97.060 Grants, funds, or gifts. The department is
authorized to accept, receive, disburse, and administer grants
or funds or gifts from any source including private individuals, public entities, and the federal government to supplement
the funds hereby appropriated to carry out the purposes of
this chapter. [1989 c 23 § 6. Formerly RCW 79.81.060.]
79.97.900
79.97.010
79.97.010 Intent. The legislature finds that the public
health and safety is threatened by an increase in the amount
of plastic garbage being deposited in the waters and on the
shores of the state. To address this growing problem, the
commissioner of public lands appointed the marine plastic
debris task force which presented a state action plan in October 1988. It is necessary for the state of Washington to implement the action plan in order to:
(1) Cleanup and prevent further pollution of the state's
waters and aquatic lands;
(2) Increase public awareness;
(3) Coordinate federal, state, local, and private efforts;
(4) Foster the stewardship of the aquatic lands of the
state. [1989 c 23 § 1. Formerly RCW 79.81.010.]
79.97.900 Severability—1989 c 23. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 23 § 7. Formerly RCW 79.81.900.]
Title 79A
Title 79A
PUBLIC RECREATIONAL LANDS
Chapters
79A.05 Parks and recreation commission.
79A.15 Acquisition of habitat conservation and outdoor recreation lands.
79A.25 Interagency committee for outdoor recreation.
79A.60 Regulation of recreational vessels.
79.97.020
79.97.020 Definitions. As used in this chapter:
(1) "Department" means the department of natural
resources.
(2) "Action plan" means the marine plastic debris action
plan of October 1988 as presented to the commissioner of
public lands by the marine plastic debris task force. [1989 c
23 § 2. Formerly RCW 79.81.020.]
79.97.030
79.97.030 Coordinating implementation—Rules.
The department shall have the authority to coordinate implementation of the plan with appropriate state agencies including the parks and recreation commission and the departments
of ecology and fish and wildlife. The department is authorized to promulgate, in consultation with affected agencies,
the necessary rules to provide for the cleanup and to prevent
pollution of the waters of the state and aquatic lands by plastic and other marine debris. [1994 c 264 § 65; 1989 c 23 § 3.
Formerly RCW 79.81.030.]
79.97.040
79.97.040 Agreements with other entities. The
department may enter into intergovernmental agreements
with federal or state agencies and agreements with private
parties deemed necessary by the department to carry out the
provisions of this chapter. [1989 c 23 § 4. Formerly RCW
79.81.040.]
79.97.050
79.97.050 Employees—Information clearinghouse
contracts. The department is the designated agency to coordinate implementation of the action plan and is authorized to
hire such employees as are necessary to coordinate the plan
among state and federal agencies, the private sector, and
interested public groups and organizations. The department is
authorized to contract, through an open bidding process, with
interested parties to act as the information clearinghouse for
[2003 RCW Supp—page 1008]
Chapter 79A.05 RCW
PARKS AND RECREATION COMMISSION
Chapter 79A.05
Sections
79A.05.070
79A.05.165
79A.05.380
79A.05.385
79A.05.400
79A.05.405
79A.05.410
79A.05.420
79A.05.425
79A.05.630
79A.05.070
Further powers—Director of parks and recreation—Salaries.
Penalties. (Effective July 1, 2004.)
Water trail recreation program—Created.
Water trail recreation program—Powers and duties.
Water trail recreation program—Permits.
Repealed.
Water trail recreation program—Rules.
Repealed.
Water trail recreation program—Disposition of funds.
Sale, lease, and disposal of lands within the Seashore Conservation Area. (Expires June 30, 2005.)
79A.05.070 Further powers—Director of parks and
recreation—Salaries. The commission may:
(1) Make rules and regulations for the proper administration of its duties;
(2) Accept any grants of funds made with or without a
matching requirement by the United States, or any agency
thereof, for purposes in keeping with the purposes of this
chapter; accept gifts, bequests, devises and endowments for
purposes in keeping with such purposes; enter into cooperative agreements with and provide for private nonprofit groups
to use state park property and facilities to raise money to contribute gifts, grants, and support to the commission for the
purposes of this chapter. The commission may assist the
nonprofit group in a cooperative effort by providing necessary agency personnel and services, if available. However,
none of the moneys raised may inure to the benefit of the nonprofit group, except in furtherance of its purposes to benefit
the commission as provided in this chapter. The agency and
the private nonprofit group shall agree on the nature of any
project to be supported by such gift or grant prior to the use
of any agency property or facilities for raising money. Any
Parks and Recreation Commission
such gifts may be in the form of recreational facilities developed or built in part or in whole for public use on agency
property, provided that the facility is consistent with the purposes of the agency;
(3) Require certification by the commission of all parks
and recreation workers employed in state aided or state controlled programs;
(4) Act jointly, when advisable, with the United States,
any other state agencies, institutions, departments, boards, or
commissions in order to carry out the objectives and responsibilities of this chapter;
(5) Grant franchises and easements for any legitimate
purpose on parks or parkways, for such terms and subject to
such conditions and considerations as the commission shall
specify;
(6) Charge such fees for services, utilities, and use of
facilities as the commission shall deem proper;
(7) Enter into agreements whereby individuals or companies may rent undeveloped parks or parkway land for grazing, agricultural, or mineral development purposes upon such
terms and conditions as the commission shall deem proper,
for a term not to exceed forty years;
(8) Determine the qualifications of and employ a director
of parks and recreation who shall receive a salary as fixed by
the governor in accordance with the provisions of RCW
43.03.040 and determine the qualifications and salary of and
employ such other persons as may be needed to carry out the
provisions hereof; and
(9) Without being limited to the powers hereinbefore
enumerated, the commission shall have such other powers as
in the judgment of a majority of its members are deemed necessary to effectuate the purposes of this chapter: PROVIDED, That the commission shall not have power to supervise directly any local park or recreation district, and no
funds shall be made available for such purpose. [2003 c 186
§ 1; 1999 c 249 § 307; 1995 c 211 § 3; 1993 c 156 § 1; 1987
c 225 § 3; 1980 c 89 § 2; 1969 c 99 § 1; 1965 c 8 § 43.51.060.
Prior: 1961 c 307 § 12; 1955 c 391 § 3; 1947 c 271 § 5; RRS
§ 10768-4. Formerly RCW 43.51.060.]
Severability—1999 c 249: See note following RCW 79A.05.010.
Findings—Intent—1995 c 211: "The legislature finds that during the
past fourteen years, the Washington state parks and recreation commission
has endured a steady erosion of general fund operating support, which has
caused park closures, staff reductions, and growing backlog of deferred
maintenance projects. The legislature also finds that the growth of parks revenue has been constrained by staff limitations and by transfers of that revenue into the general fund.
The legislature intends to reverse the decline in operating support to its
state parks, stabilize the system's level of general fund support, and inspire
system employees and park visitors to enhance these irreplaceable resources
and ensure their continuing availability to current and future state citizens
and visitors. To achieve these goals, the legislature intends to dedicate park
revenues to park operations, developing and renovating park facilities,
undertaking deferred maintenance, and improving park stewardship. The
legislature clearly intends that such revenues shall complement, not supplant, future general fund support." [1995 c 211 § 1.]
Effective date—1995 c 211: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 211 § 8.]
Severability—1995 c 211: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1995 c 211 § 9.]
79A.05.380
Effective date—1969 c 99: "This 1969 amendatory act shall take effect
July 1, 1969." [1969 c 99 § 12.]
79A.05.165
79A.05.165 Penalties. (Effective July 1, 2004.) (1)
Every person is guilty of a misdemeanor who:
(a) Cuts, breaks, injures, destroys, takes, or removes any
tree, shrub, timber, plant, or natural object in any park or
parkway except in accordance with such rules as the commission may prescribe; or
(b) Kills, or pursues with intent to kill, any bird or animal
in any park or parkway; or
(c) Takes any fish from the waters of any park or parkway, except in conformity with such general rules as the
commission may prescribe; or
(d) Willfully mutilates, injures, defaces, or destroys any
guidepost, notice, tablet, fence, inclosure, or work for the
protection or ornamentation of any park or parkway; or
(e) Lights any fire upon any park or parkway, except in
such places as the commission has authorized, or willfully or
carelessly permits any fire which he or she has lighted or
which is under his or her charge, to spread or extend to or
burn any of the shrubbery, trees, timber, ornaments, or
improvements upon any park or parkway, or leaves any
campfire which he or she has lighted or which has been left in
his or her charge, unattended by a competent person, without
extinguishing it; or
(f) Places within any park or parkway or affixes to any
object therein contained, without a written license from the
commission, any word, character, or device designed to
advertise any business, profession, article, thing, exhibition,
matter, or event.
(2)(a) Except as provided in (b) of this subsection, a person who violates any rule adopted, promulgated, or issued by
the commission pursuant to the provisions of this chapter is
guilty of a misdemeanor.
(b) The commission may specify by rule, when not
inconsistent with applicable statutes, that violation of the rule
is an infraction under chapter 7.84 RCW. [2003 c 53 § 382;
1997 c 214 § 1; 1987 c 380 § 15; 1965 c 8 § 43.51.180. Prior:
1921 c 149 § 8; RRS § 10948. Formerly RCW 43.51.180.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1987 c 380: See RCW 7.84.900 and
7.84.901.
79A.05.380
79A.05.380 Water trail recreation program—Created. The legislature recognizes the increase in water-oriented recreation by users of human and wind-powered,
beachable vessels such as kayaks, canoes, or day sailors on
Washington's waters. These recreationists frequently require
overnight camping facilities along the shores of public or private beaches. The legislature now creates a water trail recreation program, to be administered by the Washington state
parks and recreation commission. The legislature recognizes
that the effort to develop water trail sites is a continuing need
and that the commission provides beneficial expertise and
consultation to water trail user groups, agencies, and private
landowners for the existing Cascadia marine trail and Willapa Bay water trail. [2003 c 338 § 1; 1993 c 182 § 1. Formerly RCW 43.51.440.]
[2003 RCW Supp—page 1009]
79A.05.385
Title 79A RCW: Public Recreational Lands
79A.05.385
79A.05.385 Water trail recreation program—Powers and duties. In addition to its other powers, duties, and
functions, the commission may:
(1) Plan, construct, and maintain suitable facilities for
water trail activities on lands administered or acquired by the
commission or as authorized on lands administered by tribes
or other public agencies or private landowners by agreement.
(2) Compile, publish, distribute, and charge a fee for
maps or other forms of public information indicating areas
and facilities suitable for water trail activities.
(3) Contract with a public agency, private entity, or person for the actual conduct of these duties.
(4) Work with individuals or organizations who wish to
volunteer their time to support the water trail recreation program.
(5) Provide expertise and consultation to individuals,
agencies, and organizations in the continued development of
water trail sites in this state. [2003 c 338 § 2; 2003 c 126 §
601; 1993 c 182 § 2. Formerly RCW 43.51.442.]
Reviser's note: This section was amended by 2003 c 126 § 601 and by
2003 c 338 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Part headings not law—2003 c 126: "Part headings used in this act are
not any part of the law." [2003 c 126 § 1001.]
Effective date—2003 c 126: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 126 § 1003.]
79A.05.400
79A.05.400 Water trail recreation program—Permits.
Reviser's note: RCW 79A.05.400 was amended by 2003 c 126 § 602
without reference to its repeal by 2003 c 338 § 5. It has been decodified for
publication purposes under RCW 1.12.025.
79A.05.405
79A.05.405 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
79A.05.410
79A.05.410 Water trail recreation program—Rules.
The commission may adopt rules to administer the water trail
program and facilities on areas owned or administered by the
commission. Where water trail facilities administered by
other public or private entities are incorporated into the water
trail system, the rules adopted by those entities shall prevail.
The commission is not responsible or liable for enforcement
of these alternative rules. [2003 c 338 § 3; 2003 c 126 § 603;
1993 c 182 § 7. Formerly RCW 43.51.452.]
Part headings not law—Effective date—2003 c 126: See notes following RCW 79A.05.385.
79A.05.420
79A.05.420 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
79A.05.425
79A.05.425 Water trail recreation program—Disposition of funds. Any unspent balance of funds in the water
trail program account created in *RCW 79A.05.405 as of
June 30, 2003, must be transferred to the state parks renewal
and stewardship account created in RCW 79A.05.215. All
receipts from sales of materials under RCW 79A.05.385 and
all m onetary civ il pen alties collected und er RCW
79A.05.415 must be deposited in the state parks renewal and
[2003 RCW Supp—page 1010]
stewardship account. Any gifts, grants, donations, or moneys
from any source received by the commission for the water
trail program must also be deposited in the state parks
renewal and stewardship account. Funds transferred or
deposited into the state parks renewal and stewardship
account under this section must be used solely for water trail
program purposes. [2003 c 338 § 4.]
*Reviser's note: RCW 79A.05.405 was repealed by 2003 c 338 § 5.
79A.05.630
79A.05.630 Sale, lease, and disposal of lands within
the Seashore Conservation Area. (Expires June 30, 2005.)
(1) Lands within the Seashore Conservation Area shall not be
sold, leased, or otherwise disposed of, except as provided in
this section. The commission may, under authority granted
in RCW 79A.05.175 and 79A.05.180, exchange state park
lands in the Seashore Conservation Area for lands of equal
value to be managed by the commission consistent with this
chapter. Only state park lands lying east of the Seashore
Conservation Line, as it is located at the time of exchange,
may be so exchanged. The department of natural resources
may lease the lands within the Washington State Seashore
Conservation Area as well as the accreted lands along the
ocean in state ownership for the exploration and production
of oil and gas. However, oil drilling rigs and equipment will
not be placed on the Seashore Conservation Area or stateowned accreted lands.
(2) Sale of sand from accretions shall be made to supply
the needs of cranberry growers for cranberry bogs in the
vicinity and shall not be prohibited if found by the commission to be reasonable, and not generally harmful or destructive to the character of the land. However, the commission
may grant leases and permits for the removal of sands for
construction purposes from any lands within the Seashore
Conservation Area if found by the commission to be reasonable and not generally harmful or destructive to the character
of the land. The net income from such leases shall be deposited in the state parks renewal and stewardship account.
(3) For the 2003-05 fiscal biennium, at the request of the
city of Long Beach, the state parks and recreation commission shall convey to the city of Long Beach all commissionowned lands lying between 5th street southwest and 4th street
northwest, and lying between 8th street northwest and 14th
street northwest, all lying between the 1889 ordinary high
tide line (also known as the western boundary of upland ownership) and the line of ordinary high tide of the Pacific ocean,
and all lying within sections 8 and 17, township 10 north,
range 11, west, W.M., Pacific county, Washington. The city
of Long Beach must maintain these lands for city park purposes, including open space, parks, interpretive centers, or
museums. The title, and any other documents necessary for
the transfer of these lands, will include covenants ensuring
that the city of Long Beach will maintain all conveyed land as
a city park and that if the city of Long Beach breaches these
covenants, ownership of all park lands conveyed under this
subsection reverts to the state parks and recreation commission. [2003 1st sp.s. c 26 § 929; 2000 c 11 § 50; 1997 c 137
§ 4; 1995 c 203 § 1; 1988 c 75 § 18; 1969 ex.s. c 55 § 6; 1967
c 120 § 8. Formerly RCW 43.51.685.]
Expiration date—Severability—Effective dates—2003 1st sp.s. c 26:
See notes following RCW 43.135.045.
Effective date—1997 c 137: See note following RCW 79A.05.055.
Acquisition of Habitat Conservation and Outdoor Recreation Lands
Effective date—1995 c 203: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 1, 1995]." [1995 c 203 § 2.]
79A.25.800
79A.25.820 Strategic plan—Funding eligibility—Regional coordination
and cooperative efforts—Data collection and exchange.
(Contingent expiration date.)
79A.25.070
Effective date—1988 c 75: See note following RCW 79A.05.635.
Construction—1969 ex.s. c 55: See note following RCW 79A.05.605.
Chapter 79A.15 RCW
ACQUISITION OF HABITAT CONSERVATION AND
OUTDOOR RECREATION LANDS
Chapter 79A.15
Sections
79A.15.050 Outdoor recreation account—Distribution and use of moneys.
79A.15.050
79A.15.050 Outdoor recreation account—Distribution and use of moneys. (1) Moneys appropriated for this
chapter to the outdoor recreation account shall be distributed
in the following way:
(a) Not less than twenty-five percent to the state parks
and recreation commission for the acquisition and development of state parks, with at least seventy-five percent of this
money for acquisition costs. However, between July 27,
2003, and June 30, 2009, at least fifty percent of this money
for the acquisition and development of state parks must be
used for acquisition costs;
(b) Not less than twenty-five percent for the acquisition,
development, and renovation of local parks, with at least fifty
percent of this money for acquisition costs;
(c) Not less than fifteen percent for the acquisition and
development of trails;
(d) Not less than ten percent for the acquisition and
development of water access sites, with at least seventy-five
percent of this money for acquisition costs; and
(e) The remaining amount shall be considered unallocated and shall be distributed by the committee to state and
local agencies to fund high priority acquisition and development needs for parks, trails, and water access sites.
(2) In distributing these funds, the committee retains discretion to meet the most pressing needs for state and local
parks, trails, and water access sites, and is not required to
meet the percentages described in subsection (1) of this section in any one biennium.
(3) Only local agencies may apply for acquisition, development, or renovation funds for local parks under subsection
(1)(b) of this section.
(4) State and local agencies may apply for funds for trails
under subsection (1)(c) of this section.
(5) State and local agencies may apply for funds for
water access sites under subsection (1)(d) of this section.
[2003 c 184 § 1; 1999 c 379 § 941; 1999 c 379 § 920; 1990
1st ex.s. c 14 § 6. Formerly RCW 43.98A.050.]
Effective date—1999 c 379: See note following RCW 79A.15.040.
Chapter 79A.25
Chapter 79A.25 RCW
INTERAGENCY COMMITTEE FOR
OUTDOOR RECREATION
Sections
79A.25.070 Recreation resource account, motor vehicle fund—Transfers
of moneys from marine fuel tax account.
79A.25.240 Grants and loan administration.
79A.25.800 Intent. (Contingent expiration date.)
79A.25.810 Repealed.
79A.25.070 Recreation resource account, motor
vehicle fund—Transfers of moneys from marine fuel tax
account. Upon expiration of the time limited by RCW
82.36.330 for claiming of refunds of tax on marine fuel, the
state of Washington shall succeed to the right to such refunds.
The director of licensing, after taking into account past and
anticipated claims for refunds from and deposits to the
marine fuel tax refund account and the costs of carrying out
the provisions of RCW 79A.25.030, shall request the state
treasurer to transfer monthly from the marine fuel tax refund
account an amount equal to the proportion of the moneys in
the account representing a motor vehicle fuel tax rate of: (1)
Nineteen cents per gallon of motor vehicle fuel from July 1,
2003, through June 30, 2005; (2) twenty cents per gallon of
motor vehicle fuel from July 1, 2005, through June 30, 2007;
(3) twenty-one cents per gallon of motor vehicle fuel from
July 1, 2007, through June 30, 2009; (4) twenty-two cents per
gallon of motor vehicle fuel from July 1, 2009, through June
30, 2011; and (5) twenty-three cents per gallon of motor vehicle fuel beginning July 1, 2011, and thereafter, to the recreation resource account and the remainder to the motor vehicle
fund. [2003 c 361 § 409; 2000 c 11 § 73; 1995 c 166 § 4;
1990 c 42 § 116; 1979 c 158 § 111; 1965 c 5 § 7 (Initiative
Measure No. 215, approved November 3, 1964). Formerly
RCW 43.99.070.]
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
79A.25.240
79A.25.240 Grants and loan administration. The
interagency committee for outdoor recreation shall provide
necessary grants and loan administration support to the
salmon recovery funding board as provided in RCW
77.85.120. The committee shall also be responsible for tracking salmon recovery expenditures under RCW 77.85.140.
The committee shall provide all necessary administrative
support to the board, and the board shall be located with the
committee. The committee shall provide necessary information to the salmon recovery office. [2003 c 39 § 44; 2000 c
11 § 78; 1999 sp.s. c 13 § 17.]
Severability—Effective date—1999 sp.s. c 13: See notes following
RCW 75.46.005.
79A.25.800
79A.25.800 Intent. (Contingent expiration date.) (1)
The legislature recognizes that coordinated funding efforts
are needed to maintain, develop, and improve the state's community outdoor athletic fields. Rapid population growth and
increased urbanization have caused a decline in suitable outdoor fields for community athletic activities and has resulted
in overcrowding and deterioration of existing surfaces. Lack
of adequate community outdoor athletic fields directly affects
the health and well-being of all citizens of the state, reduces
the state's economic viability, and prevents Washington from
maintaining and achieving the quality of life that it deserves.
Therefore, it is the policy of the state and its agencies to
maintain, develop, fund, and improve youth or community
[2003 RCW Supp—page 1011]
79A.25.810
Title 79A RCW: Public Recreational Lands
athletic facilities, including but not limited to community
outdoor athletic fields.
(2) In carrying out this policy, the legislature intends to
promote the building of new community outdoor athletic
fields, the upgrading of existing community outdoor athletic
fields, and the maintenance of existing community outdoor
athletic fields across the state of Washington. [2003 c 126 §
701; 2000 c 11 § 80; 1998 c 264 § 1. Formerly RCW
43.99.800.]
Contingent expiration date—2003 c 126 §§ 701 and 702: See note
following RCW 79A.25.800.
Contingent expiration date—2003 c 126 §§ 701 and 702: "Sections
701 and 702 of this act expire one year after *RCW 82.14.0494 expires."
[2003 c 126 § 1002.]
Sections
*Reviser's note: RCW 82.14.0494 has a contingent effective date. See
RCW 82.14.0494(5).
Part headings not law—Effective date—2003 c 126: See notes following RCW 79A.05.385.
Severability—1998 c 264: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1998 c 264 § 5.]
Contingent expiration date—1998 c 264: "Sections 1 through 4 of
this act expire one year after RCW 82.14.0494 expires." [1998 c 264 § 6.]
79A.25.810
79A.25.810 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
79A.25.820
79A.25.820 Strategic plan—Funding eligibility—
Regional coordination and cooperative efforts—Data collection and exchange. (Contingent expiration date.) Subject to available resources, the interagency committee for outdoor recreation may:
(1) Prepare and update a strategic plan for the development, maintenance, and improvement of community outdoor
athletic fields in the state. In the preparation of such plan, the
interagency committee for outdoor recreation may use available data from federal, state, and local agencies having community outdoor athletic responsibilities, user groups, private
sector interests, and the general public. The plan may
include, but is not limited to:
(a) An inventory of current community outdoor athletic
fields;
(b) A forecast of demand for these fields;
(c) An identification and analysis of actual and potential
funding sources; and
(d) Other information the interagency committee for outdoor recreation deems appropriate to carry out the purposes
of RCW 79A.25.800 through 79A.25.830;
(2) Determine the eligibility requirements for cities,
counties, and qualified nonprofit organizations to access
funding from the youth athletic facility account created in
RCW 43.99N.060(4);
(3) Encourage and provide opportunities for interagency
and regional coordination and cooperative efforts between
public agencies and between public entities and nonprofit
organizations involved in the maintenance, development, and
improvement of community outdoor athletic fields; and
(4) Create and maintain data, studies, research, and other
information relating to community outdoor athletic fields in
the state, and to encourage the exchange of this information.
[2003 c 126 § 702; 2000 c 11 § 81; 1998 c 264 § 3. Formerly
RCW 43.99.820.]
[2003 RCW Supp—page 1012]
Part headings not law—Effective date—2003 c 126: See notes following RCW 79A.05.385.
Severability—Contingent expiration date—1998 c 264: See notes
following RCW 79A.25.800.
Chapter 79A.60
Chapter 79A.60 RCW
REGULATION OF RECREATIONAL VESSELS
79A.60.010 Definitions.
79A.60.010
79A.60.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Boat wastes" includes, but is not limited to, sewage,
garbage, marine debris, plastics, contaminated bilge water,
cleaning solvents, paint scrapings, or discarded petroleum
products associated with the use of vessels.
(2) "Boater" means any person on a vessel on waters of
the state of Washington.
(3) "Carrying passengers for hire" means carrying passengers in a vessel on waters of the state for valuable consideration, whether given directly or indirectly or received by
the owner, agent, operator, or other person having an interest
in the vessel. This shall not include trips where expenses for
food, transportation, or incidentals are shared by participants
on an even basis. Anyone receiving compensation for skills
or money for amortization of equipment and carrying passengers shall be considered to be carrying passengers for hire on
waters of the state.
(4) "Commission" means the state parks and recreation
commission.
(5) "Darkness" means that period between sunset and
sunrise.
(6) "Environmentally sensitive area" means a restricted
body of water where discharge of untreated sewage from
boats is especially detrimental because of limited flushing,
shallow water, commercial or recreational shellfish, swimming areas, diversity of species, the absence of other pollution sources, or other characteristics.
(7) "Guide" means any individual, including but not limited to subcontractors and independent contractors, engaged
for compensation or other consideration by a whitewater
river outfitter for the purpose of operating vessels. A person
licensed under RCW 77.65.480 or 77.65.440 and acting as a
fishing guide is not considered a guide for the purposes of
this chapter.
(8) "Marina" means a facility providing boat moorage
space, fuel, or commercial services. Commercial services
include but are not limited to overnight or live-aboard boating accommodations.
(9) "Motor driven boats and vessels" means all boats and
vessels which are self propelled.
(10) "Muffler" or "muffler system" means a sound suppression device or system, including an underwater exhaust
system, designed and installed to abate the sound of exhaust
gases emitted from an internal combustion engine and that
prevents excessive or unusual noise.
Public Utilities
(11) "Operate" means to steer, direct, or otherwise have
physical control of a vessel that is underway.
(12) "Operator" means an individual who steers, directs,
or otherwise has physical control of a vessel that is underway
or exercises actual authority to control the person at the helm.
(13) "Observer" means the individual riding in a vessel
who is responsible for observing a water skier at all times.
(14) "Owner" means a person who has a lawful right to
possession of a vessel by purchase, exchange, gift, lease,
inheritance, or legal action whether or not the vessel is subject to a security interest.
(15) "Person" means any individual, sole proprietorship,
partnership, corporation, nonprofit corporation or organization, limited liability company, firm, association, or other
legal entity located within or outside this state.
(16) "Personal flotation device" means a buoyancy
device, life preserver, buoyant vest, ring buoy, or buoy cushion that is designed to float a person in the water and that is
approved by the commission.
(17) "Personal watercraft" means a vessel of less than
sixteen feet that uses a motor powering a water jet pump, as
its primary source of motive power and that is designed to be
operated by a person sitting, standing, or kneeling on, or
being towed behind the vessel, rather than in the conventional
manner of sitting or standing inside the vessel.
(18) "Polluted area" means a body of water used by boaters that is contaminated by boat wastes at unacceptable levels, based on applicable water quality and shellfish standards.
(19) "Public entities" means all elected or appointed bodies, including tribal governments, responsible for collecting
and spending public funds.
(20) "Reckless" or "recklessly" means acting carelessly
and heedlessly in a willful and wanton disregard of the rights,
safety, or property of another.
(21) "Sewage pumpout or dump unit" means:
(a) A receiving chamber or tank designed to receive vessel sewage from a "porta-potty" or a portable container; and
(b) A stationary or portable mechanical device on land, a
dock, pier, float, barge, vessel, or other location convenient to
boaters, designed to remove sewage waste from holding
tanks on vessels.
(22) "Underway" means that a vessel is not at anchor, or
made fast to the shore, or aground.
(23) "Vessel" includes every description of watercraft on
the water, other than a seaplane, used or capable of being
used as a means of transportation on the water. However, it
does not include inner tubes, air mattresses, sailboards, and
small rafts or flotation devices or toys customarily used by
swimmers.
(24) "Water skiing" means the physical act of being
towed behind a vessel on, but not limited to, any skis, aquaplane, kneeboard, tube, or any other similar device.
(25) "Waters of the state" means any waters within the
territorial limits of Washington state.
(26) "Whitewater river outfitter" means any person who
is advertising to carry or carries passengers for hire on any
whitewater river of the state, but does not include any person
whose only service on a given trip is providing instruction in
canoeing or kayaking skills.
(27) "Whitewater rivers of the state" means those rivers
and streams, or parts thereof, within the boundaries of the
Chapter 80.04
state as listed in RCW 79A.60.470 or as designated by the
commission under RCW 79A.60.495. [2003 c 39 § 45; 2000
c 11 § 92; 1998 c 219 § 5; 1997 c 391 § 1; 1993 c 244 § 5;
1933 c 72 § 1; RRS § 9851-1. Formerly RCW 88.12.010.]
Intent—1993 c 244: "It is the intent of the legislature that the boating
safety laws administered by the state parks and recreation commission provide Washington's citizens with clear and reasonable boating safety regulations and penalties. Therefore, the legislature intends to recodify, clarify,
and partially decriminalize the statewide boating safety laws in order to help
the boating community understand and comply with these laws.
It is also the intent of the legislature to increase boat registration fees in
order to provide additional funds to local governments for boating safety
enforcement and education programs. The funds are to be used for enforcement, education, training, and equipment, including vessel noise measurement equipment. The legislature encourages programs that provide boating
safety education in the primary and secondary school system for boat users
and potential future boat users. The legislature also encourages boating
safety programs that use volunteer and private sector efforts to enhance boating safety and education." [1993 c 244 § 1.]
Title 80
Title 80
PUBLIC UTILITIES
Chapters
80.01 Utilities and transportation commission.
80.04 Regulations—General.
80.24 Regulatory fees.
80.28 Gas, electrical, and water companies.
80.36 Telecommunications.
Chapter 80.01 RCW
UTILITIES AND TRANSPORTATION COMMISSION
Chapter 80.01
Sections
80.01.080
Public service revolving fund.
80.01.080
80.01.080 Public service revolving fund. There is created in the state treasury a public service revolving fund.
Regulatory fees payable by all types of public service companies shall be deposited to the credit of the public service
revolving fund. Except for expenses payable out of the pipeline safety account, all expense of operation of the Washington utilities and transportation commission shall be payable
out of the public service revolving fund.
During the 2003-2005 fiscal biennium, the legislature
may transfer from the public service revolving fund to the
state general fund such amounts as reflect the excess fund
balance of the fund. [2003 1st sp.s. c 25 § 940; 2002 c 371 §
924; 2001 c 238 § 8; 1961 c 14 § 80.01.080. Prior: 1949 c
117 § 11; Rem. Supp. 1949 § 10964-115-11. Formerly RCW
43.53.090.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Intent—Finding—Effective date—2001 c 238: See notes following
RCW 80.24.060.
Chapter 80.04
Chapter 80.04 RCW
REGULATIONS—GENERAL
Sections
80.04.130
Suspension of tariff change—Mandatory measured telecommunications service—Washington telephone assistance pro[2003 RCW Supp—page 1013]
80.04.130
Title 80 RCW: Public Utilities
gram service—Effect of abandonment of electrical generation facility on which tax exemption for pollution control
equipment is claimed.
80.04.130
80.04.130 Suspension of tariff change—Mandatory
measured telecommunications service—Washington telephone assistance program service—Effect of abandonment of electrical generation facility on which tax exemption for pollution control equipment is claimed. (1)
Except as provided in subsection (2) of this section, whenever any public service company shall file with the commission any schedule, classification, rule, or regulation, the
effect of which is to change any rate, charge, rental, or toll
theretofore charged, the commission shall have power, either
upon its own motion or upon complaint, upon notice, to enter
upon a hearing concerning such proposed change and the reasonableness and justness thereof. Pending such hearing and
the decision thereon, the commission may suspend the operation of such rate, charge, rental, or toll for a period not
exceeding ten months from the time the same would otherwise go into effect. After a full hearing, the commission may
make such order in reference thereto as would be provided in
a hearing initiated after the same had become effective.
(2)(a) The commission shall not suspend a tariff that
makes a decrease in a rate, charge, rental, or toll filed by a
telecommunications company pending investigation of the
fairness, justness, and reasonableness of the decrease when
the filing does not contain any offsetting increase to another
rate, charge, rental, or toll and the filing company agrees to
not file for an increase to any rate, charge, rental, or toll to
recover the revenue deficit that results from the decrease for
a period of one year.
(i) The filing company shall file with any decrease sufficient information as the commission by rule may require to
demonstrate the decreased rate, charge, rental, or toll is above
the long run incremental cost of the service. A tariff decrease
that results in a rate that is below long run incremental cost,
or is contrary to commission rule or order, or the requirements of this chapter, shall be rejected for filing and returned
to the company.
(ii) The commission may prescribe a different rate to be
effective on the prospective date stated in its final order after
its investigation, if it concludes based on the record that the
originally filed and effective rate is unjust, unfair, or unreasonable.
(b) The commission shall not suspend a promotional tariff. For the purposes of this section, "promotional tariff"
means a tariff that, for a period of up to ninety days, waives
or reduces charges or conditions of service for existing or
new subscribers for the purpose of retaining or increasing the
number of customers who subscribe to or use a service.
(3) The commission may suspend the initial tariff filing
of any water company removed from and later subject to
commission jurisdiction because of the number of customers
or the average annual gross revenue per customer provisions
of RCW 80.04.010. The commission may allow temporary
rates during the suspension period. These rates shall not
exceed the rates charged when the company was last regulated. Upon a showing of good cause by the company, the
commission may establish a different level of temporary
rates.
[2003 RCW Supp—page 1014]
(4) At any hearing involving any change in any schedule,
classification, rule, or regulation the effect of which is to
increase any rate, charge, rental, or toll theretofore charged,
the burden of proof to show that such increase is just and reasonable shall be upon the public service company.
(5) The implementation of mandatory local measured
telecommunications service is a major policy change in available telecommunications service. The commission shall not
accept for filing a price list, nor shall it accept for filing or
approve, prior to June 1, 2004, a tariff filed by a telecommunications company which imposes mandatory local measured
service on any customer or class of customers, except that,
upon finding that it is in the public interest, the commission
may accept for filing a price list or it may accept for filing and
approve a tariff that imposes mandatory measured service for
a telecommunications company's extended area service or
foreign exchange service. This subsection does not apply to
land, air, or marine mobile service, or to pay telephone service, or to any service which has been traditionally offered on
a measured service basis.
(6) The implementation of Washington telephone assistance program service is a major policy change in available
telecommunications service. The implementation of Washington telephone assistance program service will aid in
achieving the stated goal of universal telephone service.
(7) If a utility claims a sales or use tax exemption on the
pollution control equipment for an electrical generation facility and abandons the generation facility before the pollution
control equipment is fully depreciated, any tariff filing for a
rate increase to recover abandonment costs for the pollution
control equipment shall be considered unjust and unreasonable for the purposes of this section. [2003 c 189 § 1; 2001 c
267 § 1; 1998 c 110 § 1; 1997 c 368 § 14; 1993 c 311 § 1;
1992 c 68 § 1; 1990 c 170 § 1; 1989 c 101 § 13. Prior: 1987
c 333 § 1; 1987 c 229 § 2; prior: 1985 c 450 § 12; 1985 c 206
§ 1; 1985 c 161 § 2; 1984 c 3 § 2; 1961 c 14 § 80.04.130;
prior: 1941 c 162 § 1; 1937 c 169 § 2; 1933 c 165 § 3; 1915
c 133 § 1; 1911 c 117 § 82; Rem. Supp. 1941 § 10424.]
Effective date—2001 c 267: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 11, 2001]." [2001 c 267 § 2.]
Findings—Intent—Rules adoption—Severability—Effective date—
1997 c 368: See notes following RCW 82.08.810.
Effective date—1993 c 311: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 12, 1993]." [1993 c 311 § 2.]
Effective date—1987 c 333: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 1,
1987." [1987 c 333 § 2.]
Severability—Legislative review—1985 c 450: See RCW 80.36.900
and 80.36.901.
Chapter 80.24
Chapter 80.24 RCW
REGULATORY FEES
Sections
80.24.010
Companies to file reports of gross revenue and pay fees—
Delinquent fee payments.
Gas, Electrical, and Water Companies
80.28.210
80.24.010
80.24.010 Companies to file reports of gross revenue
and pay fees—Delinquent fee payments. Every public service company subject to regulation by the commission shall,
on or before the date specified by the commission for filing
annual reports under RCW 80.04.080, file with the commission a statement on oath showing its gross operating revenue
from intrastate operations for the preceding calendar year or
portion thereof and pay to the commission a fee equal to onetenth of one percent of the first fifty thousand dollars of gross
operating revenue, plus two-tenths of one percent of any
gross operating revenue in excess of fifty thousand dollars:
PROVIDED, That the commission may, by rule, set minimum fees that do not exceed the cost of collecting the fees.
The commission may by rule waive any or all of the minimum fee established pursuant to this section.
The percentage rates of gross operating revenue to be
paid in any year may be decreased by the commission for any
class of companies subject to the payment of such fees, by
general order entered before March 1st of such year, and for
such purpose such companies shall be classified as follows:
Electrical, gas, water, telecommunications, and irrigation companies shall constitute class one. Every other company subject to regulation by the commission, for which regulatory fees are not otherwise fixed by law shall pay fees as
herein provided and shall constitute additional classes
according to kinds of businesses engaged in.
Any payment of the fee imposed by this section made
after its due date shall include a late fee of two percent of the
amount due. Delinquent fees shall accrue interest at the rate
of one percent per month. [2003 c 296 § 1; 1994 c 83 § 1;
1990 c 48 § 1; 1985 c 450 § 14; 1961 c 14 § 80.24.010. Prior:
1955 c 125 § 2; prior: 1939 c 123 § 1, part; 1937 c 158 § 1,
part; 1929 c 107 § 1, part; 1923 c 107 § 1, part; 1921 c 113 §
1, part; RRS § 10417, part.]
Severability—Legislative review—1985 c 450: See RCW 80.36.900
and 80.36.901.
Chapter 80.28 RCW
GAS, ELECTRICAL, AND WATER COMPANIES
Chapter 80.28
Sections
80.28.190
80.28.210
80.28.190
Gas companies—Certificate—Violations—Commission powers—Penalty—Fees. (Effective July 1, 2004.)
Safety rules—Pipeline transporters—Penalty. (Effective July
1, 2004.)
80.28.190 Gas companies—Certificate—Violations—Commission powers—Penalty—Fees. (Effective
July 1, 2004.) (1) No gas company shall, after January 1,
1956, operate in this state any gas plant for hire without first
having obtained from the commission under the provisions of
this chapter a certificate declaring that public convenience
and necessity requires or will require such operation and setting forth the area or areas within which service is to be rendered; but a certificate shall be granted where it appears to the
satisfaction of the commission that such gas company was
actually operating in good faith, within the confines of the
area for which such certificate shall be sought, on June 8,
1955. Any right, privilege, certificate held, owned or
obtained by a gas company may be sold, assigned, leased,
transferred or inherited as other property, only upon authorization by the commission. The commission shall have
power, after hearing, when the applicant requests a certificate
to render service in an area already served by a certificate
holder under this chapter only when the existing gas company or companies serving such area will not provide the
same to the satisfaction of the commission and in all other
cases, with or without hearing, to issue the certificate as
prayed for; or for good cause shown to refuse to issue same,
or to issue it for the partial exercise only of the privilege
sought, and may attach to the exercise of the rights granted by
the certificate such terms and conditions as, in its judgment,
the public convenience and necessity may require.
(2) The commission may, at any time, by its order duly
entered after a hearing had upon notice to the holder of any
certificate hereunder, and an opportunity to such holder to be
heard, at which it shall be proven that such holder willfully
violates or refuses to observe any of its proper orders, rules or
regulations, suspend, revoke, alter or amend any certificate
issued under the provisions of this section, but the holder of
such certificate shall have all the rights of rehearing, review
and appeal as to such order of the commission as is provided
herein.
(3) In all respects in which the commission has power
and authority under this chapter applications and complaints
may be made and filed with it, process issued, hearings held,
opinions, orders and decisions made and filed, petitions for
rehearing filed and acted upon, and petitions for writs of
review to the superior court filed therewith, appeals or mandate filed with the supreme court or the court of appeals of
this state considered and disposed of by such courts in the
manner, under the conditions, and subject to the limitations
and with the effect specified in the Washington utilities and
transportation commission laws of this state.
(4) Every officer, agent, or employee of any corporation,
and every other person who violates or fails to comply with,
or who procures, aids or abets in the violation of any of the
provisions of this section or who fails to obey, observe or
comply with any order, decision, rule or regulation, directive,
demand or requirements, or any provision of this section, is
guilty of a gross misdemeanor.
(5) Neither this section, RCW 80.28.200, 80.28.210, nor
any provisions thereof shall apply or be construed to apply to
commerce with foreign nations or commerce among the several states of this union except insofar as the same may be
permitted under the provisions of the Constitution of the
United States and acts of congress.
(6) The commission shall collect the following miscellaneous fees from gas companies: Application for a certificate
of public convenience and necessity or to amend a certificate,
twenty-five dollars; application to sell, lease, mortgage or
transfer a certificate of public convenience and necessity or
any interest therein, ten dollars. [2003 c 53 § 383; 1971 c 81
§ 141; 1961 c 14 § 80.28.190. Prior: 1955 c 316 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
80.28.210
80.28.210 Safety rules—Pipeline transporters—Penalty. (Effective July 1, 2004.) (1) Every person or corporation transporting natural gas by pipeline, or having for one or
more of its principal purposes the construction, maintenance
or operation of pipelines for transporting natural gas, in this
state, even though such person or corporation not be a public
[2003 RCW Supp—page 1015]
Chapter 80.36
Title 80 RCW: Public Utilities
service company under chapter 80.28 RCW, and even though
such person or corporation does not deliver, sell or furnish
any such gas to any person or corporation within this state,
shall be subject to regulation by the utilities and transportation commission insofar as the construction and operation of
such facilities shall affect matters of public safety, and every
such company shall construct and maintain such facilities as
will be safe and efficient. The commission shall have the
authority to prescribe rules and regulations to effectuate the
purpose of this enactment.
(2) Every such person and every such officer, agent and
employee of a corporation who, as an individual or as an
officer or agent of such corporation, violates or fails to comply with, or who procures, aids, or abets another, or his or her
company, in the violation of, or noncompliance with, any
provision of this section or any order, rule or requirement of
the commission hereunder, is guilty of a gross misdemeanor.
[2003 c 53 § 384; 1969 ex.s. c 210 § 2; 1961 c 14 § 80.28.210.
Prior: 1955 c 316 § 6.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 80.36
Chapter 80.36 RCW
TELECOMMUNICATIONS
Sections
80.36.005
80.36.110
80.36.320
80.36.330
80.36.410
80.36.420
80.36.430
80.36.440
80.36.450
80.36.460
80.36.470
80.36.475
Definitions.
Tariff changes—Statutory notice—Exception.
Classification as competitive telecommunications companies,
services—Factors considered—Minimal regulation—Equal
access—Reclassification.
Classification as competitive telecommunications companies,
services—Effective competition defined—Prices and
rates—Reclassification.
Washington telephone assistance program—Findings.
Washington telephone assistance program—Availability,
components.
Washington telephone assistance program—Excise tax—
Expenses of community service voice mail.
Washington telephone assistance program—Rules.
Washington telephone assistance program—Limitation.
Washington telephone assistance program—Deposit waivers,
connection fee discounts.
Washington telephone assistance program—Eligibility.
Washington telephone assistance program—Report to legislature.
80.36.005
80.36.005 Definitions. The definitions in this section
apply throughout RCW 80.36.410 through 80.36.475, unless
the context clearly requires otherwise.
(1) "Community agency" means local community agencies that administer community service voice mail programs.
(2) "Community service voice mail" means a computerized voice mail system that provides low-income recipients
with: (a) An individually assigned telephone number; (b) the
ability to record a personal greeting; and (c) a private security
code to retrieve messages.
(3) "Department" means the department of social and
health services.
(4) "Service year" means the period between July 1st and
June 30th.
(5) "Community action agency" means local community
action agencies or local community service agencies designated by the department of community, trade, and economic
development under chapter 43.63A RCW. [2003 c 134 § 1;
2002 c 104 § 1; 1993 c 249 § 1.]
[2003 RCW Supp—page 1016]
Effective date—2003 c 134: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 134 § 12.]
Effective date—1993 c 249: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 7, 1993]." [1993 c 249 § 4.]
80.36.110
80.36.110 Tariff changes—Statutory notice—Exception. (1) Except as provided in subsection (2) of this section,
unless the commission otherwise orders, no change shall be
made in any rate, toll, rental, or charge, that was filed and
published by any telecommunications company in compliance with the requirements of RCW 80.36.100, except after
notice as required in this subsection.
(a) For changes to any rate, toll, rental, or charge filed
and published in a tariff, the company shall provide thirty
days' notice to the commission and publication for thirty days
as required in the case of original schedules in RCW
80.36.100. The notice shall plainly state the changes proposed to be made in the schedule then in force, and the time
when the changed rate, toll, or charge will go into effect, and
all proposed changes shall be shown by printing, filing and
publishing new schedules, or shall be plainly indicated upon
the schedules in force at the time and kept open to public
inspection. Proposed changes may be suspended by the commission within thirty days or before the stated effective date
of the proposed change, whichever is later.
(b) For changes to any rate, toll, rental, or charge filed
and published in a price list, the company shall provide ten
days' notice to the commission and customers. The commission shall prescribe the form of notice.
(c) The commission for good cause shown may allow
changes in rates, charges, tolls, or rentals without requiring
the notice and publication provided for in (a) or (b) of this
subsection, by an order or rule specifying the change to be
made and the time when it takes effect, and the manner in
which the change will be filed and published.
(d) When any change is made in any rate, toll, rental, or
charge, the effect of which is to increase any rate, toll, rental,
or charge then existing, attention shall be directed on the
copy filed with the commission to the increase by some character immediately preceding or following the item in the
schedule, which character shall be in such a form as the commission may designate.
(2)(a) A telecommunications company may file a tariff
that decreases any rate, charge, rental, or toll with ten days'
notice to the commission and publication without receiving a
special order from the commission when the filing does not
contain an offsetting increase to another rate, charge, rental,
or toll, and the filing company agrees not to file for an
increase to any rate, charge, rental, or toll to recover the revenue deficit that results from the decrease for a period of one
year.
(b) A telecommunications company may file a promotional offering to be effective, without receiving a special
order from the commission, upon filing with the commission
and publication. For the purposes of this section, "promotional offering" means a tariff or price list that, for a period of
up to ninety days, waives or reduces charges or conditions of
service for existing or new subscribers for the purpose of
Telecommunications
retaining or increasing the number of customers who subscribe to or use a service. [2003 c 189 § 2; 1997 c 166 § 1.
Prior: 1989 c 152 § 2; 1989 c 101 § 10; 1985 c 450 § 25; 1961
c 14 § 80.36.110; prior: 1911 c 117 § 37; RRS § 10373.]
80.36.320
80.36.320 Classification as competitive telecommunications companies, services—Factors considered—Minimal regulation—Equal access—Reclassification. (1) The
commission shall classify a telecommunications company as
a competitive telecommunications company if the services it
offers are subject to effective competition. Effective competition means that the company's customers have reasonably
available alternatives and that the company does not have a
significant captive customer base. In determining whether a
company is competitive, factors the commission shall consider include but are not limited to:
(a) The number and sizes of alternative providers of service;
(b) The extent to which services are available from alternative providers in the relevant market;
(c) The ability of alternative providers to make functionally equivalent or substitute services readily available at competitive rates, terms, and conditions; and
(d) Other indicators of market power which may include
market share, growth in market share, ease of entry, and the
affiliation of providers of services.
The commission shall conduct the initial classification
and any subsequent review of the classification in accordance
with such procedures as the commission may establish by
rule.
(2) Competitive telecommunications companies shall be
subject to minimal regulation. Minimal regulation means
that competitive telecommunications companies may file,
instead of tariffs, price lists. The commission may also waive
other regulatory requirements under this title for competitive
telecommunications companies when it determines that competition will serve the same purposes as public interest regulation. The commission may waive different regulatory
requirements for different companies if such different treatment is in the public interest. A competitive telecommunications company shall at a minimum:
(a) Keep its accounts according to regulations as determined by the commission;
(b) File financial reports with the commission as
required by the commission and in a form and at times prescribed by the commission;
(c) Keep on file at the commission such current price
lists and service standards as the commission may require;
and
(d) Cooperate with commission investigations of customer complaints.
(3) When a telecommunications company has demonstrated that the equal access requirements ordered by the federal district court in the case of U.S. v. AT&T, 552 F. Supp.
131 (1982), or in supplemental orders, have been met, the
commission shall review the classification of telecommunications companies providing inter-LATA interexchange services. At that time, the commission shall classify all such
companies as competitive telecommunications companies
unless it finds that effective competition, as defined in subsection (1) of this section, does not then exist.
80.36.330
(4) The commission may revoke any waivers it grants
and may reclassify any competitive telecommunications
company if the revocation or reclassification would protect
the public interest.
(5) The commission may waive the requirements of
RCW 80.36.170 and 80.36.180 in whole or in part for a competitive telecommunications company if it finds that competition will serve the same purpose and protect the public interest. [2003 c 189 § 3; 1998 c 337 § 5; 1989 c 101 § 15; 1985
c 450 § 4.]
Severability—1998 c 337: See note following RCW 80.36.600.
80.36.330
80.36.330 Classification as competitive telecommunications companies, services—Effective competition
defined—Prices and rates—Reclassification. (1) The
commission may classify a telecommunications service provided by a telecommunications company as a competitive
telecommunications service if the service is subject to effective competition. Effective competition means that customers of the service have reasonably available alternatives and
that the service is not provided to a significant captive customer base. In determining whether a service is competitive,
factors the commission shall consider include but are not limited to:
(a) The number and size of alternative providers of services;
(b) The extent to which services are available from alternative providers in the relevant market;
(c) The ability of alternative providers to make functionally equivalent or substitute services readily available at competitive rates, terms, and conditions; and
(d) Other indicators of market power, which may include
market share, growth in market share, ease of entry, and the
affiliation of providers of services.
(2) When the commission finds that a telecommunications company has demonstrated that a telecommunications
service is competitive, the commission may permit the service to be provided under a price list. The commission may
adopt procedural rules necessary to implement this section.
(3) Prices or rates charged for competitive telecommunications services shall cover their cost. The commission shall
determine proper cost standards to implement this section,
provided that in making any assignment of costs or allocating
any revenue requirement, the commission shall act to preserve affordable universal telecommunications service.
(4) The commission may investigate prices for competitive telecommunications services upon complaint. In any
complaint proceeding initiated by the commission, the telecommunications company providing the service shall bear
the burden of proving that the prices charged cover cost, and
are fair, just, and reasonable.
(5) Telecommunications companies shall provide the
commission with all data it deems necessary to implement
this section.
(6) No losses incurred by a telecommunications company in the provision of competitive services may be recovered through rates for noncompetitive services. The commission may order refunds or credits to any class of subscribers
to a noncompetitive telecommunications service which has
paid excessive rates because of below cost pricing of competitive telecommunications services.
[2003 RCW Supp—page 1017]
80.36.410
Title 80 RCW: Public Utilities
(7) The commission may reclassify any competitive telecommunications service if reclassification would protect the
public interest.
(8) The commission may waive the requirements of
RCW 80.36.170 and 80.36.180 in whole or in part for a service classified as competitive if it finds that competition will
serve the same purpose and protect the public interest. [2003
c 189 § 4; 1998 c 337 § 6; 1989 c 101 § 16; 1985 c 450 § 5.]
Severability—1998 c 337: See note following RCW 80.36.600.
80.36.410
80.36.410 Washington telephone assistance program—Findings. (1) The legislature finds that universal
telephone service is an important policy goal of the state. The
legislature further finds that: (a) Recent changes in the telecommunications industry, such as federal access charges,
raise concerns about the ability of low-income persons to
continue to afford access to local exchange telephone service;
and (b) many low-income persons making the transition to
independence from receiving supportive services through
community agencies do not qualify for economic assistance
from the department.
(2) Therefore, the legislature finds that: (a) It is in the
public interest to take steps to mitigate the effects of these
changes on low-income persons; and (b) advances in telecommunications technologies, such as community service
voice mail provide new and economically efficient ways to
secure many of the benefits of universal service to lowincome persons who are not customers of local exchange
telephone service. [2003 c 134 § 2; 2002 c 104 § 2; 1987 c
229 § 3.]
Effective date—2003 c 134: See note following RCW 80.36.005.
80.36.420
80.36.420 Washington telephone assistance program—Availability, components. The Washington telephone assistance program shall be available to participants of
programs set forth in RCW 80.36.470. Assistance shall consist of the following components:
(1) A discount on service connection fees of fifty percent
or more as set forth in RCW 80.36.460.
(2) A waiver of deposit requirements on local exchange
service, as set forth in RCW 80.36.460.
(3) A discounted flat rate service for local exchange service, which shall be subject to the following conditions:
(a) The commission shall establish a single telephone
assistance rate for all local exchange companies operating in
the state of Washington. The telephone assistance rate shall
include any federal end user charges and any other charges
necessary to obtain local exchange service.
(b) The commission shall, in establishing the telephone
assistance rate, consider all charges for local exchange service, including federal end user charges, mileage charges,
extended area service, and any other charges necessary to
obtain local exchange service.
(c) The telephone assistance rate shall only be available
to eligible customers subscribing to the lowest priced local
exchange flat rate service, where the lowest priced local
exchange flat rate service, including any federal end user
charges and any other charges necessary to obtain local
exchange service, is greater than the telephone assistance
rate.
[2003 RCW Supp—page 1018]
(d) The cost of providing the service shall be paid, to the
maximum extent possible, by a waiver of all or part of federal
end user charges and, to the extent necessary, from the telephone assistance fund created by RCW 80.36.430.
(4) A discount on a community service voice mailbox
that provides recipients with (a) an individually assigned telephone number; (b) the ability to record a personal greeting;
and (c) a secure private security code to retrieve messages.
[2003 c 134 § 3; 1990 c 170 § 2; 1987 c 229 § 4.]
Effective date—2003 c 134: See note following RCW 80.36.005.
80.36.430
80.36.430 Washington telephone assistance program—Excise tax—Expenses of community service voice
mail. (1) The Washington telephone assistance program
shall be funded by a telephone assistance excise tax on all
switched access lines and by funds from any federal government or other programs for this purpose. Switched access
lines are defined in RCW 82.14B.020. The telephone assistance excise tax shall be applied equally to all residential and
business access lines not to exceed fourteen cents per month.
The telephone assistance excise tax shall be separately identified on each ratepayer's bill as the "Washington telephone
assistance program." All money collected from the telephone
assistance excise tax shall be transferred to a telephone assistance fund administered by the department.
(2) Local exchange companies shall bill the fund for
their expenses incurred in offering the telephone assistance
program, including administrative and program expenses.
The department shall disburse the money to the local
exchange companies. The department is exempted from having to conclude a contract with local exchange companies in
order to effect this reimbursement. The department shall
recover its administrative costs from the fund. The department may specify by rule the range and extent of administrative and program expenses that will be reimbursed to local
exchange companies.
(3) The department shall enter into an agreement with
the department of community, trade, and economic development for an amount not to exceed eight percent of the prior
fiscal year's total revenue for the administrative and program
expenses of providing community service voice mail services. The community service voice mail service may
include toll-free lines in community action agencies through
which recipients can access their community service voice
mailboxes at no charge. [2003 c 134 § 4; 1990 c 170 § 3;
1987 c 229 § 5.]
Effective date—2003 c 134: See note following RCW 80.36.005.
80.36.440
80.36.440 Washington telephone assistance program—Rules. (1) The commission and the department may
adopt any rules necessary to implement RCW 80.36.410
through 80.36.470.
(2) Rules necessary for the implementation of community service voice mail services shall be made by the commission and the department in consultation with the department
of community, trade, and economic development. [2003 c
134 § 5; 1990 c 170 § 4; 1987 c 229 § 6.]
Effective date—2003 c 134: See note following RCW 80.36.005.
Transportation
80.36.450
81.24.010
80.36.450 Washington telephone assistance program—Limitation. The Washington telephone assistance
program shall limit reimbursement to one residential
switched access line per eligible household, or one discounted community service voice mailbox per eligible person. [2003 c 134 § 6; 1993 c 249 § 2; 1987 c 229 § 7.]
Effective date—2003 c 134: See note following RCW 80.36.005.
Effective date—2003 c 134: See note following RCW 80.36.005.
Chapters
81.04
Regulations—General.
81.24
Regulatory fees.
81.40
Railroads—Employee requirements and regulations.
81.44
Common carriers—Equipment.
81.53
Railroads—Crossings.
81.54
Railroads—Inspection of industrial crossings.
81.56
Railroads—Shippers and passengers.
81.60
Railroads—Railroad police and regulations.
81.64
Street railways.
81.68
Auto transportation companies.
81.77
Solid waste collection companies.
81.84
Commercial ferries.
81.104
High-capacity transportation systems.
81.112
Regional transit authorities.
Effective date—1993 c 249: See note following RCW 80.36.005.
80.36.460
80.36.460 Washington telephone assistance program—Deposit waivers, connection fee discounts. Local
exchange companies shall waive deposits on local exchange
service for eligible subscribers and provide a fifty percent
discount on the company's customary charge for commencing telecommunications service for eligible subscribers. Part
or all of the remaining fifty percent of service connection fees
may be paid by funds from federal government or other programs for this purpose. The commission or other appropriate
agency shall make timely application for any available federal funds. The remaining portion of the connection fee to be
paid by the subscriber shall be expressly payable by installment fees spread over a period of months. A subscriber may,
however, choose to pay the connection fee in a lump sum.
Costs associated with the waiver and discount shall be
accounted for separately and recovered from the telephone
assistance fund. [2003 c 134 § 7; 1990 c 170 § 5; 1987 c 229
§ 8.]
Effective date—2003 c 134: See note following RCW 80.36.005.
80.36.470
80.36.470 Washington telephone assistance program—Eligibility. (1) Adult recipients of departmentadministered programs for the financially needy which provide continuing financial or medical assistance, food stamps,
or supportive services to persons in their own homes are eligible for participation in the telephone assistance program.
The department shall notify the participants of their eligibility.
(2) Participants in community service voice mail programs are eligible for participation in services available
under RCW 80.36.420 (1), (2), and (3) after completing use
of community service voice mail services. Eligibility shall be
for a period including the remainder of the current service
year and the following service year. Community agencies
shall notify the department of participants eligible under this
subsection. [2003 c 134 § 8; 2002 c 104 § 3; 1990 c 170 § 6;
1987 c 229 § 9.]
Title 81
TRANSPORTATION
Chapter 81.04
80.36.475 Washington telephone assistance program—Report to legislature. The department shall report
to the appropriate committees of the house of representatives
and the senate by December 1 of each year on the status of the
Washington telephone assistance program. The report shall
include the number of participants by qualifying social service programs receiving benefits from the telephone assistance program and the type of benefits participants receive.
The report shall also include a description of the geographical
distribution of participants, the program's annual revenue and
expenditures, and any recommendations for legislative
action. [2003 c 134 § 9; 1990 c 170 § 7.]
Chapter 81.04 RCW
REGULATIONS—GENERAL
Sections
81.04.390
Penalties—Violations by persons. (Effective July 1, 2004.)
81.04.390
81.04.390 Penalties—Violations by persons. (Effective July 1, 2004.) (1) Except as provided in subsection (2) of
this section, every person who, either individually, or acting
as an officer or agent of a corporation other than a public service company, violates any provision of this title, or fails to
observe, obey, or comply with any order made by the commission under this title, so long as the same is or remains in
force, or who procures, aids, or abets any such corporation in
its violation of this title, or in its failure to obey, observe, or
comply with any such order, is guilty of a gross misdemeanor.
(2) A violation pertaining to equipment on motor carriers
transporting hazardous material is a misdemeanor. [2003 c
53 § 385; 1980 c 104 § 5; 1961 c 14 § 81.04.390. Prior: 1911
c 117 § 97; RRS § 10446.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 81.24
Effective date—2003 c 134: See note following RCW 80.36.005.
80.36.475
Title 81
Chapter 81.24 RCW
REGULATORY FEES
Sections
81.24.010
81.24.020
81.24.030
Companies to file reports of gross revenue and pay fees—General.
Fees of auto transportation companies—Statement filing.
Fees of every commercial ferry—Statement filing.
81.24.010
81.24.010 Companies to file reports of gross revenue
and pay fees—General. (1) Every company subject to regulation by the commission, except auto transportation companies, steamboat companies, and motor freight carriers
shall, on or before the date specified by the commission for
filing annual reports under RCW 81.04.080, file with the
commission a statement on oath showing its gross operating
[2003 RCW Supp—page 1019]
81.24.020
Title 81 RCW: Transportation
revenue from intrastate operations for the preceding calendar
year, or portion thereof, and pay to the commission a fee
equal to one-tenth of one percent of the first fifty thousand
dollars of gross operating revenue, plus two-tenths of one
percent of any gross operating revenue in excess of fifty thousand dollars, except railroad companies which shall each pay
to the commission a fee equal to one and one-half percent of
its intrastate gross operating revenue. The commission may,
by rule, set minimum fees that do not exceed the cost of collecting the fees. The commission may by rule waive any or
all of the minimum fee established pursuant to this section.
Any railroad association that qualifies as a not-for-profit
charitable organization under the federal internal revenue
code section 501(c)(3) is exempt from the fee required under
this subsection.
(2) The percentage rates of gross operating revenue to be
paid in any one year may be decreased by the commission for
any class of companies subject to the payment of such fees,
by general order entered before March 1st of such year, and
for such purpose such companies shall be classified as follows: Railroad, express, sleeping car, and toll bridge companies shall constitute class two. Every other company subject
to regulation by the commission, for which regulatory fees
are not otherwise fixed by law shall pay fees as herein provided and shall constitute additional classes according to
kinds of businesses engaged in. [2003 c 296 § 2; 1996 c 196
§ 1; 1990 c 48 § 2; 1977 ex.s. c 48 § 1; 1969 ex.s. c 210 § 6;
1963 c 59 § 11; 1961 c 14 § 81.24.010. Prior: 1957 c 185 §
1; 1955 c 125 § 4; prior: 1939 c 123 § 1, part; 1937 c 158 §
1, part; 1929 c 107 § 1, part; 1923 c 107 § 1, part; 1921 c 113
§ 1, part; RRS § 10417, part.]
81.24.020
81.24.020 Fees of auto transportation companies—
Statement filing. On or before the date specified by the
commission for filing annual reports under RCW 81.04.080,
every auto transportation company must file with the commission a statement showing its gross operating revenue from
intrastate operations for the preceding year and pay to the
commission a fee of two-fifths of one percent of the amount
of gross operating revenue. The commission may, by rule,
set minimum fees that do not exceed the cost of collecting the
fees. The commission may by rule waive any or all of the
minimum fee established pursuant to this section.
The percentage rate of gross operating revenue to be paid
in any period may be decreased by the commission by general order entered before the fifteenth day of the month preceding the month in which the fee is due. [2003 c 296 § 3;
1997 c 215 § 1; 1961 c 14 § 81.24.020. Prior: 1955 c 125 §
5; prior: 1937 c 158 § 2, part; RRS § 10417-1, part.]
81.24.030
81.24.030 Fees of every commercial ferry—Statement filing. Every commercial ferry shall, on or before the
date specified by the commission for filing annual reports
under RCW 81.04.080, file with the commission a statement
on oath showing its gross operating revenue from intrastate
operations for the preceding calendar year, or portion thereof,
and pay to the commission a fee of two-fifths of one percent
of the amount of gross operating revenue: PROVIDED, That
the commission may, by rule, set minimum fees that do not
exceed the cost of collecting the fees. The commission may
by rule waive any or all of the minimum fee established pur[2003 RCW Supp—page 1020]
suant to this section. The percentage rate of gross operating
revenue to be paid in any year may be decreased by the commission by general order entered before March 1st of such
year. [2003 c 296 § 4; 1993 c 427 § 10; 1981 c 13 § 5; 1961
c 14 § 81.24.030. Prior: 1955 c 125 § 6; prior: 1939 c 123 §
3, part; 1937 c 158 § 4, part; RRS § 10417-3, part.]
Chapter 81.40 RCW
RAILROADS—EMPLOYEE REQUIREMENTS
AND REGULATIONS
Chapter 81.40
Sections
81.40.010
81.40.030
81.40.040
81.40.050
81.40.060
81.40.070
81.40.080
81.40.090
81.40.120
81.40.130
81.40.140
Full train crews—Passenger—Safety review—Penalty—
Enforcement. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Train employees—Hours of service—Penalty—Enforcement.
(Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Purchase of apparel by employees—Penalty. (Effective July 1,
2004.)
Repealed. (Effective July 1, 2004.)
Employee shelters—Penalty. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Cost of records or medical examinations—Unlawful to require
employee or applicant to pay—Penalty—Definitions.
(Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
81.40.010
81.40.010 Full train crews—Passenger—Safety
review—Penalty—Enforcement. (Effective July 1, 2004.)
(1) No law or order of any regulatory agency of this state
shall prevent a common carrier by railroad from staffing its
passenger trains in accordance with collective bargaining
agreements or any national or other applicable settlement of
train crew size. In the absence of a collective bargaining
agreement or any national or other applicable settlement of
train crew size, any common carrier railroad operating a passenger train with a crew of less than two members shall be
subject to a safety review by the Washington utilities and
transportation commission, which, as to staffing, may issue
an order requiring as many as two crew members.
(2) Each train or engine run in violation of this section is
a separate offense: PROVIDED, That nothing in this section
shall be construed as applying in the case of disability of one
or more of any train crew while out on the road between division terminals, wrecking trains, or to any line, or part of line,
where not more than two trains are run in each twenty-four
hours.
(3) Any person, corporation, company, or officer of
court operating any railroad or railway, or part of any railroad
or railway in the state of Washington, and engaged as a common carrier, in the transportation of freight or passengers,
who violates this section is guilty of a misdemeanor and upon
conviction thereof shall be fined not less than one hundred
dollars nor more than five hundred dollars for each offense.
(4) It is the duty of the commission to enforce this section. [2003 c 53 § 386; 1992 c 102 § 1; 1961 c 14 §
81.40.010. Prior: 1911 c 134 § 1; RRS § 10486.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
81.40.030
81.40.030 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Railroads—Employee Requirements and Regulations
81.40.130
81.40.040
81.40.040 Train employees—Hours of service—Penalty—Enforcement. (Effective July 1, 2004.) (1) It is
unlawful for any common carrier by railroad or any of its
officers or agents, to require or permit any employee engaged
in or connected with the movement of any train to remain on
duty more than twelve consecutive hours, except when by
casualty occurring after such employee has started on his or
her trip; or, except by accident or unavoidable delay of trains
scheduled to make connection with the train on which such
employee is serving, he or she is prevented from reaching his
or her terminal; or, to require or permit any such employee
who has been on duty twelve consecutive hours to go on duty
without having had at least ten hours off duty; or, to require
or permit any such employee who has been on duty twelve
hours in the aggregate in any twenty-four hour period to continue on duty without having had at least eight hours off duty
within the twenty-four hour period.
(2) Any such common carrier, or any of its officers or
agents violating this section is guilty of a misdemeanor punishable by a fine of not less than one hundred or more than
one thousand dollars for each and every such violation to be
recovered in a suit or suits to be brought by the attorney general.
(3) It shall be the duty of the attorney general to bring
such suits upon duly verified information being lodged with
him or her of such violation having occurred, in any superior
court.
(4) It shall also be the duty of the commission to fully
investigate all cases of the violation of this section, and to
lodge with the attorney general information of any such violation as may come to its knowledge. [2003 c 53 § 387; 1977
c 70 § 1; 1961 c 14 § 81.40.040. Prior: 1907 c 20 § 1; RRS
§ 7652.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
81.40.050
81.40.050 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
81.40.060
81.40.060 Purchase of apparel by employees—Penalty. (Effective July 1, 2004.) (1) It shall be unlawful for any
railroad or other transportation company doing business in
the state of Washington, or of any officer, agent or servant of
such railroad or other transportation company, to require any
conductor, engineer, brakeman, fireman, purser, or other
employee, as a condition of his or her continued employment,
or otherwise to require or compel, or attempt to require or
compel, any such employees to purchase of any such railroad
or other transportation company or of any particular person,
firm or corporation or at any particular place or places, any
uniform or other clothing or apparel, required by any such
railroad or other transportation company to be used by any
such employee in the performance of his or her duties as
such; and any such railroad or transportation company or any
officer, agent or servant thereof, who shall order or require
any conductor, engineer, brakeman, fireman, purser, or other
person in its employ, to purchase any uniform or other clothing or apparel as aforesaid, shall be deemed to have required
such purchase as a condition of such employee's continued
employment.
(2) Any railroad or other transportation company doing
business in the state of Washington, or any officer, agent, or
servant thereof, violating this section is guilty of a misdemeanor and upon conviction thereof shall be punished by a
fine in any sum not less than one hundred dollars nor more
than five hundred dollars, or by imprisonment in the county
jail of the county where the misdemeanor is committed, not
exceeding six months. [2003 c 53 § 388; 1961 c 14 §
81.40.060. Prior: 1907 c 224 § 1; RRS § 10504.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
81.40.070
81.40.070 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
81.40.080
81.40.080 Employee shelters—Penalty. (Effective
July 1, 2004.) (1) It shall be unlawful for any railroad company, corporation, association or other person owning, controlling or operating any line of railroad in the state of Washington, to build, construct, reconstruct, or repair railroad car
equipment or motive power in this state without first erecting
and maintaining at every point where five employees or more
are regularly employed on such work, a shed over a sufficient
portion of the tracks used for such work, so as to provide that
all men regularly employed in such work shall be sheltered
and protected from rain and other inclement weather: PROVIDED, That the provisions of this section shall not apply at
points where it is necessary to make light repairs only on
equipment or motive power, nor to equipment loaded with
time or perishable freight, nor to equipment when trains are
being held for the movement of equipment, nor to equipment
on tracks where trains arrive or depart or are assembled or
made up for departure. The term "light repairs," as herein
used, shall not include repairs usually made in roundhouse,
shop or shed upon well equipped railroads.
(2) Any railroad company or officer or agent thereof, or
any other person, who violates this section by failing or refusing to comply with its provisions is guilty of a misdemeanor,
and each day's failure or refusal to comply shall be considered a separate offense. [2003 c 53 § 389; 1961 c 14 §
81.40.080. Prior: 1941 c 238 § 1; Rem. Supp. 1941 § 766640.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
81.40.090
81.40.090 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
81.40.120
81.40.120 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
81.40.130
81.40.130 Cost of records or medical examinations—
Unlawful to require employee or applicant to pay—Penalty—Definitions. (Effective July 1, 2004.) (1) It is unlawful for any employer to require any employee or applicant for
employment to pay the cost of a medical examination or the
cost of furnishing any records required by the employer as a
condition of employment.
[2003 RCW Supp—page 1021]
81.40.140
Title 81 RCW: Transportation
81.53.271
(2) Any employer who violates this section is guilty of a
misdemeanor and upon conviction shall be punished by a fine
of not more than one hundred dollars. Each violation shall
constitute a separate offense.
(3) As used in this section:
(a) "Employer" means any common carrier by rail, doing
business in or operating within the state, and any subsidiary
thereof.
(b) "Employee" means every person who may be permitted, required, or directed by any employer, in consideration
of direct or indirect gain or profit, to engage in any employment. [2003 c 53 § 390; 1961 c 14 § 81.40.130. Prior: 1955
c 228 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
81.40.140
81.40.140 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 81.44
Chapter 81.44 RCW
COMMON CARRIERS—EQUIPMENT
Sections
81.44.085
First aid kits and drinking water—Penalty. (Effective July 1,
2004.)
81.44.085
81.44.085 First aid kits and drinking water—Penalty. (Effective July 1, 2004.) (1) Every person operating a
common carrier railroad in this state shall equip each locomotive and caboose used in train or yard switching service,
and every car used in passenger service with a first aid kit of
a type to be approved by the commission, which kit shall be
plainly marked and be readily visible and accessible and be
maintained in a fully quipped condition: PROVIDED, That
such kits shall not be required on equipment used exclusively
in yard or switching service where such kits are maintained in
the yard or terminal.
(2) Each locomotive and caboose shall also be furnished
with sanitary cups and sanitary ice-cooled drinking water.
(3) For the purpose of this section a "locomotive" shall
include all railroad engines propelled by any form of energy
and used in rail line haul or yard switching service.
(4) Any person violating this section is guilty of a misdemeanor. [2003 c 53 § 391; 1969 ex.s. c 210 § 7; 1961 c 14 §
81.44.085. Prior: 1951 c 66 §§ 1, 2, 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Cabooses
drinking water facilities: RCW 81.44.097.
fire extinguisher—Type, location, and maintenance: RCW 81.44.0972.
Chapter 81.53
Chapter 81.53 RCW
RAILROADS—CROSSINGS
Sections
81.53.271
81.53.281
Crossing signals, warning devices—Petition contents—
Apportionment of installation and maintenance costs.
Crossing signals, warning devices—Grade crossing protective
fund—Created—Transfer of funds—Allocation of costs—
Procedure—Federal funding.
[2003 RCW Supp—page 1022]
81.53.271 Crossing signals, warning devices—Petition contents—Apportionment of installation and maintenance costs. The petition shall set forth by description the
location of the crossing or crossings, the type of signal or
other warning device to be installed, the necessity from the
standpoint of public safety for such installation, the approximate cost of installation and related work, and the approximate annual cost of maintenance. If the commission directs
the installation of a grade crossing protective device, and a
federal-aid funding program is available to participate in the
costs of such installation, installation and maintenance costs
of the device shall be apportioned in accordance with the provisions of RCW 81.53.295. Otherwise if installation is
directed by the commission, it shall apportion the cost of
installation and maintenance as provided in this section:
(1) Installation: (a) The first twenty thousand dollars
shall be apportioned to the grade crossing protective fund
created by RCW 81.53.281; and
(b) The remainder of the cost shall be apportioned as follows:
(i) Sixty percent to the grade crossing protective fund,
created by RCW 81.53.281;
(ii) Thirty percent to the city, town, county, or state; and
(iii) Ten percent to the railroad:
PROVIDED, That, if the proposed installation is located
at a new crossing requested by a city, town, county, or state,
forty percent of the cost shall be apportioned to the city,
town, county, or state, and none to the railroad. If the proposed installation is located at a new crossing requested by a
railroad, then the entire cost shall be apportioned to the railroad. In the event the city, town, county, or state should concurrently petition the commission and secure an order authorizing the closure of an existing crossing or crossings in proximity to the crossing for which installation of signals or other
warning devices shall have been directed, the apportionment
to the petitioning city, town, county, or state shall be reduced
by ten percent of the total cost for each crossing ordered
closed and the apportionment from the grade crossing protective fund increased accordingly. This exception shall not be
construed to permit a charge to the grade crossing protective
fund in an amount greater than the total cost otherwise apportionable to the city, town, county, or state. No reduction shall
be applied where one crossing is closed and another opened
in lieu thereof, nor to crossings of a private nature.
(2) Maintenance: (a) Twenty-five percent to the grade
crossing protective fund, created by RCW 81.53.281; and
(b) Seventy-five percent to the railroad:
PROVIDED, That if the proposed installation is located
at a new crossing requested by a railroad, then the entire cost
shall be apportioned to the railroad. [2003 c 190 § 2; 1982 c
94 § 2; 1975 1st ex.s. c 189 § 1; 1973 1st ex.s. c 77 § 1; 1969
c 134 § 2.]
Findings—2003 c 190: "The legislature finds that grade crossing, rail
trespass, and other safety issues continue to present a public safety problem.
The legislature further finds that with the increased importance of rail
to freight and commuter mobility, there is a direct public benefit in assisting
local communities and railroads to work together to address rail-related public safety concerns." [2003 c 190 § 1.].
Application—1982 c 94: See note following RCW 81.53.261.
81.53.281
81.53.281 Crossing signals, warning devices—Grade
crossing protective fund—Created—Transfer of funds—
Railroads—Inspection of Industrial Crossings
Allocation of costs—Procedure—Federal funding. There
is hereby created in the state treasury a "grade crossing protective fund" to carry out the provisions of RCW 81.53.261,
81.53.271, 81.53.281, 81.53.291, and 81.53.295; for grants
and/or subsidies to public, private, and nonprofit entities for
rail safety projects authorized or ordered by the commission;
and for personnel and associated costs related to supervising
and administering rail safety grants and/or subsidies. The
commission shall transfer from the public service revolving
fund's miscellaneous fees and penalties accounts moneys
appropriated for these purposes as needed. At the time the
commission makes each allocation of cost to said grade
crossing protective fund, it shall certify that such cost shall be
payable out of said fund. When federal-aid highway funds
are involved, the department of transportation shall, upon
entry of an order by the commission requiring the installation
or upgrading of a grade crossing protective device, submit to
the commission an estimate for the cost of the proposed
installation and related work. Upon receipt of the estimate
the commission shall pay to the department of transportation
the percentage of the estimate specified in RCW 81.53.295,
as now or hereafter amended, to be used as the grade crossing
protective fund portion of the cost of the installation and
related work.
The commission may adopt rules for the allocation of
money from the grade crossing protective fund. [2003 c 190
§ 3; 1998 c 245 § 166; 1987 c 257 § 1; 1985 c 405 § 509; 1982
c 94 § 3; 1975 1st ex.s. c 189 § 2; 1973 c 115 § 4; 1969 c 134
§ 3.]
Findings—2003 c 190: See note following RCW 81.53.271.
Severability—1985 c 405: See note following RCW 9.46.100.
Application—1982 c 94: See note following RCW 81.53.261.
Chapter 81.54
Chapter 81.54 RCW
RAILROADS—INSPECTION OF
INDUSTRIAL CROSSINGS
81.60.070
[2003 c 53 § 392; 1991 c 46 § 1; 1961 c 14 § 81.54.030.
Prior: 1951 c 111 § 1; 1941 c 161 § 3; Rem. Supp. 1941 §
10511-3. Formerly RCW 81.52.320.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 81.56 RCW
RAILROADS—SHIPPERS AND PASSENGERS
Chapter 81.56
Sections
81.56.150
Regulating sale of passenger tickets. (Effective July 1, 2004.)
81.56.150
81.56.150 Regulating sale of passenger tickets.
(Effective July 1, 2004.) (1) It shall be the duty of every person or corporation engaged wholly or in part in the business
of carrying passengers for hire, to provide every agent authorized to sell its passage tickets in this state, with a certificate
of his or her authority, attested by its seal and the signature of
its manager, secretary or general passenger agent, which shall
contain a designation of the place of business at which such
authority shall be exercised.
(2) Every person and every corporation or association,
and every officer, agent or employee thereof who shall sell,
exchange or transfer, or have in his or her possession with
intent to sell, exchange or transfer, or maintain, conduct or
operate any office or place of business for the sale, exchange
or transfer of any passage ticket or pass or part thereof, or any
other evidence of a right to travel upon any railroad or boat,
whether the same be owned or operated within or without the
limits of this state, in any place except his or her place of
business, or within such place of business without having
rightfully in his or her possession and posted in a conspicuous
place therein the certificate of authority required by this section is guilty of a misdemeanor. [2003 c 53 § 393; 1961 c 14
§ 81.56.150. Prior: 1909 c 249 § 396; RRS § 2648.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Sections
Chapter 81.60
81.54.030
Reimbursement of inspection cost. (Effective July 1, 2004.)
81.54.030
81.54.030 Reimbursement of inspection cost. (Effective July 1, 2004.) (1) Every person operating any logging
railroad or industrial railway shall, prior to July 1st of each
year, file with the commission a statement showing the number of, and location, by name of highway, quarter section,
section, township, and range of all crossings on his or her line
and pay with the filing a fee for each crossing so reported.
The commission shall, by order, fix the exact fee based on the
cost of rendering such inspection service. All fees collected
shall be deposited in the state treasury to the credit of the public service revolving fund. Intersections having one or more
tracks shall be treated as a single crossing. Tracks separated
a distance in excess of one hundred feet from the nearest
track or group of tracks shall constitute an additional crossing. Where two or more independently operated railroads
cross each other or the same highway intersection, each independent track shall constitute a separate crossing.
(2) Every person failing to make the report and pay the
fees as required by this section is guilty of a misdemeanor
and in addition subject to a penalty of twenty-five dollars for
each day that the fee remains unpaid after it becomes due.
Chapter 81.60 RCW
RAILROADS—RAILROAD POLICE
AND REGULATIONS
(Formerly: Railroads—Special police and police regulations)
Sections
81.60.070
81.60.080
81.60.090
Malicious injury to railroad property. (Effective July 1, 2004.)
Sabotaging rolling stock—Receiving stolen railroad property.
(Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
81.60.070
81.60.070 Malicious injury to railroad property.
(Effective July 1, 2004.) Every person who, in such manner
as might, if not discovered, endanger the safety of any
engine, motor, car or train, or any person thereon, shall in any
manner interfere or tamper with or obstruct any switch, frog,
rail, roadbed, sleeper, viaduct, bridge, trestle, culvert,
embankment, structure, or appliance pertaining to or connected with any railway, or any train, engine, motor, or car on
such railway, and every person who shall discharge any firearm or throw any dangerous missile at any train, engine,
motor, or car on any railway, is guilty of a class B felony and
shall be punished by imprisonment in a state correctional
facility for not more than ten years. [2003 c 53 § 394; 1999 c
[2003 RCW Supp—page 1023]
81.60.080
Title 81 RCW: Transportation
352 § 4; 1992 c 7 § 60; 1961 c 14 § 81.60.070. Prior: 1909 c
249 § 398; RRS § 2650.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Application—1999 c 352 §§ 3-5: See note following RCW 9.94A.515.
81.60.080
81.60.080 Sabotaging rolling stock—Receiving stolen
railroad property. (Effective July 1, 2004.) (1) Any person
or persons who shall willfully or maliciously, with intent to
injure or deprive the owner thereof, take, steal, remove,
change, add to, alter, or in any manner interfere with any
journal bearing, brass, waste, packing, triple valve, pressure
cock, brake, air hose, or any other part of the operating mechanism of any locomotive, engine, tender, coach, car, caboose,
or motor car used or capable of being used by any railroad or
railway company in this state, is guilty of a class C felony,
and upon conviction thereof shall be punished by imprisonment in a state correctional facility for not more than five
years, or by a fine not exceeding one thousand dollars, or by
both such fine and imprisonment.
(2) Every person who buys or receives any of the property described in subsection (1) of this section, knowing the
same to have been stolen, is guilty of a class C felony, and
upon conviction thereof shall be punished as provided in subsection (1) of this section. [2003 c 53 § 395; 1992 c 7 § 61;
1961 c 14 § 81.60.080. Prior: 1941 c 212 § 1; Rem. Supp.
1941 § 2650-1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
81.60.090
81.60.090 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 81.64
Chapter 81.64 RCW
STREET RAILWAYS
Sections
81.64.090
81.64.100
81.64.110
81.64.160
81.64.170
Competent employees required—"Competent" defined—Penalty. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
Hours of labor—Penalty. (Effective July 1, 2004.)
Repealed. (Effective July 1, 2004.)
81.64.090
81.64.090 Competent employees required—"Competent" defined—Penalty. (Effective July 1, 2004.) (1)
Street railway or street car companies, or street car corporations, shall employ none but competent men to operate or
assist as conductors, motormen or gripmen upon any street
railway, or streetcar line in this state.
(2) A person shall be deemed competent to operate or
assist in operating cars or (dummies) usually used by street
railway or streetcar companies, or corporations, only after
first having served at least three days under personal instruction of a regularly employed conductor, motorman, or gripman on a car or dummy in actual service on the particular
street railway or streetcar line for which the service of an
additional person or additional persons may be required:
PROVIDED, That during a strike on the streetcar lines the
railway companies may employ competent persons who have
not worked three days on the particular streetcar line.
[2003 RCW Supp—page 1024]
(3) Any violation of this section by the president, secretary, manager, superintendent, assistant superintendent,
stockholder, or other officer or employee of any company or
corporation owning or operating any street railway or streetcar line or any receiver of street railway or streetcar company, or street railway or streetcar corporations appointed by
any court within this state to operate such car line is a misdemeanor punishable by a fine in any amount not less than fifty
dollars nor more than two hundred dollars, or imprisonment
in the county jail for a term of thirty days, or both such fine
and imprisonment at the discretion of the court. [2003 c 53 §
396; 1961 c 14 § 81.64.090. Prior: 1901 c 103 § 1; RRS §
11073.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
81.64.100
81.64.100 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
81.64.110
81.64.110 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
81.64.160
81.64.160 Hours of labor—Penalty. (Effective July 1,
2004.) (1) No person, agent, officer, manager, or superintendent or receiver of any corporation or owner of streetcars
shall require his, her, or its gripmen, motormen, drivers, or
conductors to work more than ten hours in any twenty-four
hours.
(2) Any person, agent, officer, manager, superintendent,
or receiver of any corporation, or owner of streetcar or cars,
violating this section is guilty of a misdemeanor, and shall be
fined in any sum not less than twenty-five dollars nor more
than one hundred dollars for each day in which such gripman,
motorman, driver, or conductor in the employ of such person,
agent, officer, manager, superintendent, or receiver of such
corporation or owner is required to work more than ten hours
during each twenty-four hours, as provided in this section.
(3) It is the duty of the prosecuting attorney of each
county of this state to institute the necessary proceedings to
enforce the provisions of this section. [2003 c 53 § 397; 1961
c 14 § 81.64.160. Prior: 1895 c 100 § 1; RRS § 7648.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
81.64.170
81.64.170 Repealed. (Effective July 1, 2004.) See
Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 81.68 RCW
AUTO TRANSPORTATION COMPANIES
Chapter 81.68
Sections
81.68.080
81.68.080
Penalty. (Effective July 1, 2004.)
81.68.080 Penalty. (Effective July 1, 2004.) (1) Except
as otherwise provided in this section, every officer, agent, or
employee of any corporation, and every other person who
violates or fails to comply with, or who procures, aids, or
abets in the violation of any provisions of this chapter, or who
Solid Waste Collection Companies
Chapter 81.84
fails to obey, observe, or comply with any order, decision,
rule or regulation, direction, demand, or requirement, or any
part of provision thereof, is guilty of a gross misdemeanor.
(2)(a) Except as provided in (b) of this subsection, violation of such an order, decision, rule or regulation, direction,
demand, or requirement relating to traffic including parking,
standing, stopping, and pedestrian offenses is a traffic infraction.
(b) Violation of such an order, decision, rule or regulation, direction, demand, or requirement equivalent to those
provisions of Title 46 RCW set forth in RCW 46.63.020 is a
misdemeanor. [2003 c 53 § 398; 1979 ex.s. c 136 § 106; 1961
c 14 § 81.68.080. Prior: 1921 c 111 § 7; RRS § 6393.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Chapter 81.77
Chapter 81.77 RCW
SOLID WASTE COLLECTION COMPANIES
(Formerly: Garbage and refuse collection companies)
Sections
81.77.080
Companies to file reports of gross operating revenue and pay
fees—Legislative intent—Disposition of revenue.
81.77.080
81.77.080 Companies to file reports of gross operating revenue and pay fees—Legislative intent—Disposition of revenue. Every solid waste collection company shall,
on or before the date specified by the commission for filing
annual reports under RCW 81.04.080, file with the commission a statement on oath showing its gross operating revenue
from intrastate operations for the preceding calendar year, or
portion thereof, and pay to the commission a fee equal to one
percent of the amount of gross operating revenue: PROVIDED, That the commission may, by rule, set minimum
fees that do not exceed the cost of collecting the fees. The
commission may by rule waive any or all of the minimum fee
established pursuant to this section.
It is the intent of the legislature that the fees collected
under the provisions of this chapter shall reasonably approximate the cost of supervising and regulating motor carriers
subject thereto, and to that end the utilities and transportation
commission is authorized to decrease the schedule of fees
provided in this section by general order entered before
March 1st of any year in which it determines that the moneys
then in the solid waste collection companies account of the
public service revolving fund and the fees currently to be paid
will exceed the reasonable cost of supervising and regulating
such carriers.
All fees collected under this section or under any other
provision of this chapter shall be paid to the commission and
shall be by it transmitted to the state treasurer within thirty
days to be deposited to the credit of the public service revolving fund. [2003 c 296 § 5; 1989 c 431 § 24; 1971 ex.s. c 143
§ 3; 1969 ex.s. c 210 § 11; 1963 c 59 § 12; 1961 c 295 § 9.]
81.84.010
Chapter 81.84 RCW
COMMERCIAL FERRIES
(Formerly: Steamboat companies)
Sections
81.84.010
81.84.020
81.84.060
Certificate of convenience and necessity required—Progress
reports.
Application—Hearing—Issuance of certificate—Determining
factors.
Certificate—Grounds for cancellation, revocation, suspension,
alteration, or amendment.
81.84.010
81.84.010 Certificate of convenience and necessity
required—Progress reports. (1) No commercial ferry may
hereafter operate any vessel or ferry for the public use for hire
between fixed termini or over a regular route upon the waters
within this state, including the rivers and lakes and Puget
Sound, without first applying for and obtaining from the
commission a certificate declaring that public convenience
and necessity require such operation. Service authorized by
certificates issued before or after July 25, 1993, to a commercial ferry operator shall be exercised by the operator in a
manner consistent with the conditions established in the certificate or tariffs: PROVIDED, That no certificate shall be
required for a vessel primarily engaged in transporting freight
other than vehicles, whose gross earnings from the transportation of passengers and/or vehicles, are not more than ten
percent of the total gross annual earnings of such vessel:
PROVIDED, That nothing herein shall be construed to affect
the right of any county public transportation benefit area or
other public agency within this state to construct, condemn,
purchase, operate, or maintain, itself or by contract, agreement, or lease, with any person, firm, or corporation, ferries
or boats across or wharfs at or upon the waters within this
state, including rivers and lakes and Puget Sound, provided
such operation is not over the same route or between the same
districts, being served by a certificate holder without first
acquiring the rights granted to the certificate holder under the
certificate, nor shall this chapter be construed to affect,
amend, or invalidate any contract entered into prior to January 15, 1927, for the operation of ferries or boats upon the
waters within this state, which was entered into in good faith
by any county with any person, firm, or corporation, except
that in case of the operation or maintenance by any county,
city, town, port district, or other political subdivision by contract, agreement, or lease with any person, firm, or corporation, of ferries or boats across or wharfs at or upon the waters
within this state, including rivers and lakes and Puget Sound,
the commission shall have power and authority to regulate
rates and services of such operation or maintenance of ferries,
boats, or wharfs, to make, fix, alter, or amend said rates, and
to regulate service and safety of operations thereof, in the
manner and to the same extent as it is empowered to regulate
a commercial ferry, notwithstanding the provisions of any act
or parts of acts inconsistent herewith.
(2) The holder of a certificate of public convenience and
necessity granted under this chapter must initiate service
within five years of obtaining the certificate, except that the
holder of a certificate of public convenience and necessity for
passenger-only ferry service in Puget Sound must initiate service within twenty months of obtaining the certificate. The
certificate holder shall report to the commission every six
[2003 RCW Supp—page 1025]
81.84.020
Title 81 RCW: Transportation
months after the certificate is granted on the progress of the
certificated route. The reports shall include, but not be limited to, the progress of environmental impact, parking, local
government land use, docking, and financing considerations.
Except in the case of passenger-only ferry service in Puget
Sound, if service has not been initiated within five years of
obtaining the certificate, the commission may extend the certificate on a twelve-month basis for up to three years if the
six-month progress reports indicate there is significant
advancement toward initiating service.
(3) The commission shall review certificates in existence
as of July 25, 1993, where service is not being provided on all
or any portion of the route or routes certificated. Based on
progress reports required under subsection (2) of this section,
the commission may grant an extension beyond that provided
in subsection (2) of this section. Such additional extension
may not exceed a total of two years. [2003 c 373 § 4; 2003 c
83 § 211; 1993 c 427 § 2; 1961 c 14 § 81.84.010. Prior: 1950
ex.s. c 6 § 1, part; 1927 c 248 § 1, part; RRS § 10361-1, part.]
Reviser's note: This section was amended by 2003 c 83 § 211 and by
2003 c 373 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—Intent—2003 c 373: See note following RCW 47.64.090.
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
81.84.020
81.84.020 Application—Hearing—Issuance of certificate—Determining factors. (1) Upon the filing of an application the commission shall give reasonable notice to the
department, affected cities, counties, and public transportation benefit areas and any common carrier which might be
adversely affected, of the time and place for hearing on such
application. The commission shall have power after hearing,
to issue the certificate as prayed for, or to refuse to issue it, or
to issue it for the partial exercise only of the privilege sought,
and may attach to the exercise of the rights granted by said
certificate such terms and conditions as in its judgment the
public convenience and necessity may require; but the commission shall not have power to grant a certificate to operate
between districts and/ or into any territory prohibited by
RCW 47.60.120 or already served by an existing certificate
holder, unless such existing certificate holder has failed or
refused to furnish reasonable and adequate service or has
failed to provide the service described in its certificate or tariffs after the time period allowed to initiate service has
elapsed: PROVIDED, A certificate shall be granted when it
shall appear to the satisfaction of the commission that the
commercial ferry was actually operating in good faith over
the route for which such certificate shall be sought, on January 15, 1927: PROVIDED, FURTHER, That in case two or
more commercial ferries shall upon said date have been operating vessels upon the same route, or between the same districts the commission shall determine after public hearing
whether one or more certificates shall issue, and in determining to whom a certificate or certificates shall be issued, the
commission shall consider all material facts and circumstances including the prior operation, schedules, and services
rendered by either of the ferries, and in case more than one
certificate shall issue, the commission shall fix and determine
the schedules and services of the ferries to which the certifi[2003 RCW Supp—page 1026]
cates are issued to the end that duplication of service be eliminated and public convenience be furthered.
(2) Before issuing a certificate, the commission shall
determine that the applicant has the financial resources to
operate the proposed service for at least twelve months, based
upon the submission by the applicant of a pro forma financial
statement of operations. Issuance of a certificate shall be
determined upon, but not limited to, the following factors:
Ridership and revenue forecasts; the cost of service for the
proposed operation; an estimate of the cost of the assets to be
used in providing the service; a statement of the total assets
on hand of the applicant that will be expended on the proposed operation; and a statement of prior experience, if any,
in such field by the applicant. The documentation required of
the applicant under this section shall comply with the provisions of RCW 9A.72.085.
(3) Subsection (2) of this section does not apply to an
application for a certificate that is pending as of July 25,
1993.
(4) In granting a certificate for passenger-only ferries
and determining what conditions to place on the certificate,
the commission shall consider and give substantial weight to
the effect of its decisions on public agencies operating, or eligible to operate, passenger-only ferry service.
(5) Until March 1, 2005, the commission shall not consider an application for passenger-only ferry service serving
any county in Puget Sound, unless the public transportation
benefit area authority or ferry district serving that county, by
resolution, agrees to the application. [2003 c 373 § 5; 2003 c
83 § 212; 1993 c 427 § 3; 1961 c 14 § 81.84.020. Prior: 1950
ex.s. c 6 § 1, part; 1927 c 248 § 1, part; RRS § 10361-1, part.]
Findings—Intent—2003 c 373: See note following RCW 47.64.090.
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
81.84.060
81.84.060 Certificate—Grounds for cancellation,
revocation, suspension, alteration, or amendment. The
commission, upon complaint by an interested party, or upon
its own motion after notice and opportunity for hearing, may
cancel, revoke, suspend, alter, or amend a certificate issued
under this chapter on any of the following grounds:
(1) Failure of the certificate holder to initiate service by
the conclusion of the fifth year after the certificate has been
granted or by the conclusion of an extension granted under
RCW 81.84.010 (2) or (3), if the commission has considered
the progress report information required under RCW
81.84.010 (2) or (3);
(2) Failure of a certificate holder for passenger-only
ferry service in Puget Sound to initiate service by the conclusion of the twentieth month after the certificate has been
granted;
(3) Failure of the certificate holder to file an annual
report;
(4) The filing by a certificate holder of an annual report
that shows no revenue in the previous twelve-month period
after service has been initiated;
(5) The violation of any provision of this chapter;
(6) The violation of or failure to observe the provisions
or conditions of the certificate or tariffs;
High-Capacity Transportation Systems
(7) The violation of an order, decision, rule, regulation,
or requirement established by the commission under this
chapter;
(8) Failure of a certificate holder to maintain the required
insurance coverage in full force and effect; or
(9) Failure or refusal to furnish reasonable and adequate
service after initiating service.
The commission shall take appropriate action within
thirty days upon a complaint by an interested party or of its
own finding that a provision of this section has been violated.
[2003 c 373 § 6; 2003 c 83 § 213; 1993 c 427 § 7.]
Findings—Intent—2003 c 373: See note following RCW 47.64.090.
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
Chapter 81.104 RCW
HIGH-CAPACITY TRANSPORTATION SYSTEMS
Chapter 81.104
Sections
81.104.160
81.104.160
81.104.160
Motor vehicle excise tax—Sales and use tax on car rentals.
(Effective if Initiative Measure No. 776 is declared unconstitutional by pending court action.)
Motor vehicle excise tax—Sales and use tax on car rentals.
(Effective if Initiative Measure No. 776 is upheld by pending
court action.)
81.104.160 Motor vehicle excise tax—Sales and use
tax on car rentals. (Effective if Initiative Measure No. 776
is declared unconstitutional by pending court action.) (1)
Cities that operate transit systems, county transportation
authorities, metropolitan municipal corporations, public
transportation benefit areas, and regional transit authorities
may submit an authorizing proposition to the voters, and if
approved, may levy and collect an excise tax, at a rate
approved by the voters, but not exceeding eighty one-hundredths of one percent on the value, under chapter 82.44
RCW, of every motor vehicle owned by a resident of the taxing district, solely for the purpose of providing high capacity
transportation service. In any county imposing a motor vehicle excise tax surcharge pursuant to RCW 81.100.060, the
maximum tax rate under this section shall be reduced to a rate
equal to eighty one-hundredths of one percent on the value
less the equivalent motor vehicle excise tax rate of the surcharge imposed pursuant to RCW 81.100.060. This rate shall
not apply to vehicles licensed under RCW 46.16.070 except
vehicles with an unladen weight of six thousand pounds or
less, RCW 46.16.079, 46.16.085, or 46.16.090.
(2) An agency imposing a tax under subsection (1) of
this section may also impose a sales and use tax solely for the
purpose of providing high capacity transportation service, in
addition to the tax authorized by RCW 82.14.030, upon retail
car rentals within the agency's jurisdiction that are taxable by
the state under chapters 82.08 and 82.12 RCW. The rate of
tax shall not exceed 2.172 percent. The rate of tax imposed
under this subsection shall bear the same ratio to the 2.172
percent rate authorized that the rate imposed under subsection (1) of this section bears to the rate authorized under subsection (1) of this section. The base of the tax shall be the selling price in the case of a sales tax or the rental value of the
vehicle used in the case of a use tax. The revenue collected
under this subsection shall be used in the same manner as
excise taxes under subsection (1) of this section. [1998 c 321
Chapter 81.112
§ 35 (Referendum Bill No. 49, approved November 3, 1998).
Prior: 1992 c 194 § 13; 1992 c 101 § 27; 1991 c 318 § 12;
1990 c 43 § 42.]
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note following
RCW 35.58.410.
Legislative intent—1992 c 194: See note following RCW 82.08.020.
Effective dates—1992 c 194: See note following RCW 46.04.466.
81.104.160
81.104.160 Motor vehicle excise tax—Sales and use
tax on car rentals. (Effective if Initiative Measure No. 776
is upheld by pending court action.) An agency may impose
a sales and use tax solely for the purpose of providing high
capacity transportation service, in addition to the tax authorized by RCW 82.14.030, upon retail car rentals within the
agency's jurisdiction that are taxable by the state under chapters 82.08 and 82.12 RCW. The rate of tax shall not exceed
2.172 percent. The base of the tax shall be the selling price in
the case of a sales tax or the rental value of the vehicle used
in the case of a use tax.
Any motor vehicle excise tax previously imposed under
the provisions of RCW 81.104.160(1) shall be repealed, terminated and expire on December 5, 2002. [2003 c 1 § 6 (Initiative Measure No. 776, approved November 5, 2002); 1998
c 321 § 35 (Referendum Bill No. 49, approved November 3,
1998). Prior: 1992 c 194 § 13; 1992 c 101 § 27; 1991 c 318
§ 12; 1990 c 43 § 42.]
Reviser's note: The constitutionality of Initiative Measure No. 776 is
being challenged in Pierce Co. v. State of Washington, King Co. Superior Ct.
No. 02-2-35125-5 SEA.
Severability—Savings—2003 c 1 (Initiative Measure No. 776): "If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected. If the repeal of taxes in section 6 of this act is judicially held to impair any contract in existence as of the
effective date of this act, the repeal shall apply to any other contract, including novation, renewal, or refunding (in the case of bond contract)." [2003 c
1 § 10 (Initiative Measure No. 776, approved November 5, 2002).]
Repeal of taxes by 2003 c 1 § 6 (Initiative Measure No. 776): "If the
repeal of taxes in section 6 of this act affects any bonds previously issued for
any purpose relating to light rail, the people expect transit agencies to retire
these bonds using reserve funds including accrued interest, sale of property
or equipment, new voter approved tax revenues, or any combination of these
sources of revenue. Taxing districts should abstain from further bond sales
for any purpose relating to light rail until voters decide this measure. The
people encourage transit agencies to put another tax revenue measure before
voters if they want to continue with a light rail system dramatically changed
from that previously represented to and approved by voters." [2003 c 1 § 7
(Initiative Measure No. 776, approved November 5, 2002).]
Construction—Intent—2003 c 1 (Initiative Measure No. 776): See
notes following RCW 46.16.0621.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note following
RCW 35.58.410.
Legislative intent—1992 c 194: See note following RCW 82.08.020.
Effective dates—1992 c 194: See note following RCW 46.04.466.
Chapter 81.112
Chapter 81.112 RCW
REGIONAL TRANSIT AUTHORITIES
(Formerly: Regional transportation authorities)
Sections
[2003 RCW Supp—page 1027]
81.112.086
81.112.086
Title 82 RCW: Excise Taxes
Maintenance plan.
81.112.086
81.112.086 Maintenance plan. As a condition of
receiving state funding, a regional transit authority shall submit a maintenance and preservation management plan for
certification by the transportation commission or its successor entity. The plan must inventory all transportation system
assets within the direction and control of the transit authority,
and provide a plan for preservation of assets based on lowest
life-cycle cost methodologies. [2003 c 363 § 306.]
82.68
82.69
82.70
82.71
82.80
Chapter 82.02
Finding—Intent—2003 c 363: See note following RCW 35.84.060.
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
82.02.220
EXCISE TAXES
82.02.230
Chapter 82.02 RCW
GENERAL PROVISIONS
Sections
Title 82
Sales and use tax deferrals for the manufacture
of biodiesel and alcohol fuel.
Sales and use tax deferrals for the manufacture
of wood biomass fuel.
Commute trip reduction incentives.
Quality maintenance fee on nursing facility
operators.
Local option transportation taxes.
Title 82
Reviser’s note: Referendum Bill No. 51 was rejected by
the voters at the November 2002 election, after the 2002 print
edition of the Revised Code of Washington had been published and distributed. The following explains what session
laws were affected and the resulting changes that were made
to this title.
Engrossed Substitute Senate Bill No. 6008 (codified as
2002 c 203) was contingent on funding being provided by
legislative appropriation (see 2002 c 203 § 13). Funding was
provided in Engrossed Substitute Senate Bill No. 6347 (codified as 2002 c 201). However, 2002 c 201 was contingent on
passage of Engrossed Substitute House Bill No. 2969 (codified as 2002 c 202), which was sent to the voters as Referendum Bill No. 51, and rejected by the voters. Therefore, 2002
c 201 and 2002 c 203 did not take effect.
We have removed the following sections, and the notes
following, from this title.
82.67.005
82.67.010
82.67.020
82.67.030
82.67.040
82.67.050
82.67.900
82.67.901
Chapters
82.02
82.04
82.08
82.12
82.14
82.16
82.19
82.23B
82.24
82.27
82.29A
82.32
82.36
82.38
82.42
82.44
82.45
82.49
82.50
General provisions.
Business and occupation tax.
Retail sales tax.
Use tax.
Local retail sales and use taxes.
Public utility tax.
Litter tax.
Oil spill response tax.
Tax on cigarettes.
Tax on enhanced food fish.
Leasehold excise tax.
General administrative provisions.
Motor vehicle fuel tax.
Special fuel tax act.
Aircraft fuel tax.
Motor vehicle excise tax.
Excise tax on real estate sales.
Watercraft excise tax.
Travel trailers and campers excise tax.
[2003 RCW Supp—page 1028]
82.02.210
Washington compliance with streamlined sales and use tax
agreement—Intent.
Exclusion of steam, electricity, or electrical energy from definition of certain terms. (Effective July 1, 2004.)
One statewide rate and one jurisdiction-wide rate for sales and
use taxes. (Effective July 1, 2004.)
82.02.210
82.02.210 Washington compliance with streamlined
sales and use tax agreement—Intent. (1) It is the intent of
the legislature that Washington join as a member state in the
streamlined sales and use tax agreement referred to in chapter
82.58 RCW. The agreement provides for a simpler and more
uniform sales and use tax structure among states that have
sales and use taxes. The intent of the legislature is to bring
Washington's sales and use tax system into compliance with
the agreement so that Washington may join as a member state
and have a voice in the development and administration of
the system, and to substantially reduce the burden of tax compliance on sellers.
(2) Chapter 168, Laws of 2003 does not include changes
to Washington law that may be required in the future and that
are not fully developed under the agreement. These include,
but are not limited to, changes relating to on-line registration,
reporting, and remitting of payments by businesses for sales
and use tax purposes, monetary allowances for sellers and
their agents, sourcing, and amnesty for businesses registering
under the agreement.
(3) It is the intent of the legislature that the provisions of
chapters 82.08 and 82.12 RCW be interpreted and applied
consistently with the agreement.
(4) The department of revenue shall report to the fiscal
committees of the legislature on January 1, 2004, and each
January 1st thereafter, on the development of the agreement
and shall recommend changes to the sales and use tax structure and propose legislation as may be necessary to keep
Washington in compliance with the agreement. [2003 c 168
§ 1.]
Part headings not law—2003 c 168: See note following RCW
82.08.010.
82.02.220
82.02.220 Exclusion of steam, electricity, or electrical
energy from definition of certain terms. (Effective July 1,
2004.) When the terms "ingredient," "component part,"
"incorporated into," "goods," "products," "byproducts,"
"materials," "consumables," and other similar terms denoting
tangible items that may be used, sold, or consumed are used
in this title, the terms do not include steam, electricity, or
electrical energy. [2003 c 168 § 701.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Business and Occupation Tax
82.02.230
82.02.230 One statewide rate and one jurisdictionwide rate for sales and use taxes. (Effective July 1, 2004.)
(1) There shall be one statewide rate for sales and use taxes
imposed at the state level. This subsection does not apply to
the taxes imposed by RCW 82.12.022 or 82.18.020, or to
taxes imposed on the sale, rental, lease, or use of motor vehicles, aircraft, watercraft, modular homes, manufactured
homes, or mobile homes.
(2) There shall be one jurisdiction-wide rate for local
sales and use taxes imposed at levels below the state level.
This subsection does not apply to the taxes imposed by chapter 67.28 RCW, RCW 67.40.090 or 82.14.360, or to taxes
imposed on the sale, rental, lease, or use of motor vehicles,
aircraft, watercraft, modular homes, manufactured homes, or
mobile homes. [2003 c 168 § 801.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Chapter 82.04
Chapter 82.04 RCW
BUSINESS AND OCCUPATION TAX
Sections
82.04.040
82.04.050
82.04.120
82.04.180
82.04.215
82.04.216
82.04.240
82.04.250
82.04.250
82.04.260
82.04.260
82.04.270
82.04.272
82.04.280
82.04.290
82.04.29001
82.04.2906
82.04.424
82.04.426
82.04.4289
82.04.4334
"Sale," "casual or isolated sale," "lease or rental." (Effective
July 1, 2004.)
"Sale at retail," "retail sale." (Effective July 1, 2004.)
"To manufacture." (Effective July 1, 2004.)
"Successor."
"Computer," "computer software," "custom software," "customization of prewritten computer software," "master copies," "prewritten computer software," "retained rights."
(Effective July 1, 2004.)
Exclusion of steam, electricity, or electrical energy from definition of certain terms. (Effective July 1, 2004.)
Tax on manufacturers. (Contingent effective date; contingent
expiration of subsection.)
Tax on retailers. (Expires July 1, 2006.)
Tax on retailers. (Contingent effective date.)
Tax on manufacturers and processors of various foods and
by-products—Research and development organizations—
Nuclear fuel assemblies—Travel agents—Certain international activities—Stevedoring and associated activities—
Low-level waste disposers—Insurance agents, brokers,
and solicitors—Hospitals—Expiration of subsection.
(Contingent expiration date.)
Tax on manufacturers and processors of various foods and
by-products—Research and development organizations—
Nuclear fuel assemblies—Travel agents—Certain international activities—Stevedoring and associated activities—
Low-level waste disposers—Insurance agents, brokers,
and solicitors—Hospitals—Expiration of subsection.
(Contingent effective date.)
Tax on wholesalers. (Contingent effective date.)
Tax on warehousing and reselling prescription drugs. (Effective July 1, 2004.)
Tax on printers, publishers, highway contractors, extracting
or processing for hire, cold storage warehouse or storage
warehouse operation, insurance general agents, radio and
television broadcasting, government contractors—Cold
storage warehouse defined—Storage warehouse
defined—Periodical or magazine defined. (Contingent
effective date.)
Tax on international investment management services or
other business or service activities.
Creation and distribution of custom software—Customization of prewritten computer software—Taxable services.
(Effective July 1, 2004.)
Tax on certain chemical dependency services.
Exemptions—Certain in-state activities. (Contingent expiration date.)
Exemptions—Semiconductor microchips. (Contingent
effective date; contingent expiration date.)
Exemption—Compensation for patient services or attendant
sales of drugs dispensed pursuant to prescription by certain nonprofit organizations. (Effective July 1, 2004.)
Deductions—Sale or distribution of biodiesel or alcohol
fuels. (Expires July 1, 2009.)
82.04.4335
82.04.440
82.04.4453
82.04.4454
82.04.4461
82.04.4462
82.04.4463
82.04.448
82.04.470
82.04.530
82.04.040
Deductions—Sale or distribution of wood biomass fuel.
(Expires July 1, 2009.)
Persons taxable on multiple activities—Credits. (Contingent
effective date.)
Repealed.
Repealed.
Credit—Preproduction development spending. (Contingent
effective date; expires July 1, 2024.)
Credit—Investment in design and preproduction development computer software and hardware. (Contingent effective date; expires July 1, 2024.)
Credit—Property taxes paid on property used for manufacture of commercial airplanes. (Contingent effective date;
expires July 1, 2024.)
Credit—Manufacturing semiconductor materials. (Contingent effective date; contingent expiration date.)
Resale certificate—Burden of proof—Tax liability—
Rules—Resale certificate defined. (Effective July 1,
2004.)
Gross proceeds of sales calculation for telephone business.
(Contingent expiration date.)
Commute trip reduction incentives: Chapter 82.70 RCW.
82.04.040
82.04.040 "Sale," "casual or isolated sale," "lease or
rental." (Effective July 1, 2004.) (1) "Sale" means any
transfer of the ownership of, title to, or possession of property
for a valuable consideration and includes any activity classified as a "sale at retail" or "retail sale" under RCW 82.04.050.
It includes lease or rental, conditional sale contracts, and any
contract under which possession of the property is given to
the purchaser but title is retained by the vendor as security for
the payment of the purchase price. It also includes the furnishing of food, drink, or meals for compensation whether
consumed upon the premises or not.
(2) "Casual or isolated sale" means a sale made by a person who is not engaged in the business of selling the type of
property involved.
(3)(a) "Lease or rental" means any transfer of possession
or control of tangible personal property for a fixed or indeterminate term for consideration. A lease or rental may include
future options to purchase or extend. "Lease or rental"
includes transactions under agreements covering motor vehicles and trailers where the amount of consideration may be
increased or decreased by reference to the amount realized
upon sale or disposition of the property as defined in 26
U.S.C. Sec. 7701(h)(1), as amended or renumbered as of January 1, 2003. The definition in this subsection (3) shall be
used for sales and use tax purposes regardless if a transaction
is characterized as a lease or rental under generally accepted
accounting principles, the United States internal revenue
code, Washington state's commercial code, or other provisions of federal, state, or local law.
(b) "Lease or rental" does not include:
(i) A transfer of possession or control of property under
a security agreement or deferred payment plan that requires
the transfer of title upon completion of the required payments;
(ii) A transfer of possession or control of party under an
agreement that requires the transfer of title upon completion
of required payments, and payment of an option price does
not exceed the greater of one hundred dollars or one percent
of the total required payments; or
(iii) Providing tangible personal property along with an
operator for a fixed or indeterminate period of time. A condition of this exclusion is that the operator is necessary for the
equipment to perform as designed. For the purpose of this
[2003 RCW Supp—page 1029]
82.04.050
Title 82 RCW: Excise Taxes
subsection (3)(b)(iii), an operator must do more than maintain, inspect, or set up the tangible personal property. [2003
c 168 § 103; 1961 c 15 § 82.04.040. Prior: 1959 ex.s. c 5 §
1; 1959 ex.s. c 3 § 1; 1955 c 389 § 5; prior: 1949 c 228 § 2,
part; 1945 c 249 § 1, part; 1943 c 156 § 2, part; 1941 c 178 §
2, part; 1939 c 225 § 2, part; 1937 c 227 § 2, part; 1935 c 180
§ 5, part; Rem. Supp. 1949 § 8370-5, part.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
82.04.050
82.04.050 "Sale at retail," "retail sale." (Effective
July 1, 2004.) (1) "Sale at retail" or "retail sale" means every
sale of tangible personal property (including articles produced, fabricated, or imprinted) to all persons irrespective of
the nature of their business and including, among others,
without limiting the scope hereof, persons who install, repair,
clean, alter, improve, construct, or decorate real or personal
property of or for consumers other than a sale to a person who
presents a resale certificate under RCW 82.04.470 and who:
(a) Purchases for the purpose of resale as tangible personal property in the regular course of business without intervening use by such person, but a purchase for the purpose of
resale by a regional transit authority under RCW 81.112.300
is not a sale for resale; or
(b) Installs, repairs, cleans, alters, imprints, improves,
constructs, or decorates real or personal property of or for
consumers, if such tangible personal property becomes an
ingredient or component of such real or personal property
without intervening use by such person; or
(c) Purchases for the purpose of consuming the property
purchased in producing for sale a new article of tangible personal property or substance, of which such property becomes
an ingredient or component or is a chemical used in processing, when the primary purpose of such chemical is to create a
chemical reaction directly through contact with an ingredient
of a new article being produced for sale; or
(d) Purchases for the purpose of consuming the property
purchased in producing ferrosilicon which is subsequently
used in producing magnesium for sale, if the primary purpose
of such property is to create a chemical reaction directly
through contact with an ingredient of ferrosilicon; or
(e) Purchases for the purpose of providing the property
to consumers as part of competitive telephone service, as
defined in RCW 82.04.065. The term shall include every sale
of tangible personal property which is used or consumed or to
be used or consumed in the performance of any activity classified as a "sale at retail" or "retail sale" even though such
property is resold or utilized as provided in (a), (b), (c), (d), or
(e) of this subsection following such use. The term also
means every sale of tangible personal property to persons
engaged in any business which is taxable under RCW
82.04.280 (2) and (7) and 82.04.290.
(2) The term "sale at retail" or "retail sale" shall include
the sale of or charge made for tangible personal property consumed and/or for labor and services rendered in respect to the
following:
(a) The installing, repairing, cleaning, altering, imprinting, or improving of tangible personal property of or for consumers, including charges made for the mere use of facilities
in respect thereto, but excluding charges made for the use of
coin-operated laundry facilities when such facilities are situ[2003 RCW Supp—page 1030]
ated in an apartment house, rooming house, or mobile home
park for the exclusive use of the tenants thereof, and also
excluding sales of laundry service to nonprofit health care
facilities, and excluding services rendered in respect to live
animals, birds and insects;
(b) The constructing, repairing, decorating, or improving
of new or existing buildings or other structures under, upon,
or above real property of or for consumers, including the
installing or attaching of any article of tangible personal
property therein or thereto, whether or not such personal
property becomes a part of the realty by virtue of installation,
and shall also include the sale of services or charges made for
the clearing of land and the moving of earth excepting the
mere leveling of land used in commercial farming or agriculture;
(c) The charge for labor and services rendered in respect
to constructing, repairing, or improving any structure upon,
above, or under any real property owned by an owner who
conveys the property by title, possession, or any other means
to the person performing such construction, repair, or
improvement for the purpose of performing such construction, repair, or improvement and the property is then reconveyed by title, possession, or any other means to the original
owner;
(d) The sale of or charge made for labor and services rendered in respect to the cleaning, fumigating, razing or moving
of existing buildings or structures, but shall not include the
charge made for janitorial services; and for purposes of this
section the term "janitorial services" shall mean those cleaning and caretaking services ordinarily performed by commercial janitor service businesses including, but not limited to,
wall and window washing, floor cleaning and waxing, and
the cleaning in place of rugs, drapes and upholstery. The
term "janitorial services" does not include painting, papering,
repairing, furnace or septic tank cleaning, snow removal or
sandblasting;
(e) The sale of or charge made for labor and services rendered in respect to automobile towing and similar automotive
transportation services, but not in respect to those required to
report and pay taxes under chapter 82.16 RCW;
(f) The sale of and charge made for the furnishing of
lodging and all other services by a hotel, rooming house,
tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the
renting or leasing of real property, and it shall be presumed
that the occupancy of real property for a continuous period of
one month or more constitutes a rental or lease of real property and not a mere license to use or enjoy the same. For the
purposes of this subsection, it shall be presumed that the sale
of and charge made for the furnishing of lodging for a continuous period of one month or more to a person is a rental or
lease of real property and not a mere license to enjoy the
same;
(g) The sale of or charge made for tangible personal
property, labor and services to persons taxable under (a), (b),
(c), (d), (e), and (f) of this subsection when such sales or
charges are for property, labor and services which are used or
consumed in whole or in part by such persons in the performance of any activity defined as a "sale at retail" or "retail
sale" even though such property, labor and services may be
resold after such use or consumption. Nothing contained in
Business and Occupation Tax
this subsection shall be construed to modify subsection (1) of
this section and nothing contained in subsection (1) of this
section shall be construed to modify this subsection.
(3) The term "sale at retail" or "retail sale" shall include
the sale of or charge made for personal, business, or professional services including amounts designated as interest,
rents, fees, admission, and other service emoluments however designated, received by persons engaging in the following business activities:
(a) Amusement and recreation services including but not
limited to golf, pool, billiards, skating, bowling, ski lifts and
tows, day trips for sightseeing purposes, and others, when
provided to consumers;
(b) Abstract, title insurance, and escrow services;
(c) Credit bureau services;
(d) Automobile parking and storage garage services;
(e) Landscape maintenance and horticultural services but
excluding (i) horticultural services provided to farmers and
(ii) pruning, trimming, repairing, removing, and clearing of
trees and brush near electric transmission or distribution lines
or equipment, if performed by or at the direction of an electric
utility;
(f) Service charges associated with tickets to professional sporting events; and
(g) The following personal services: Physical fitness
services, tanning salon services, tattoo parlor services, steam
bath services, turkish bath services, escort services, and dating services.
(4)(a) The term shall also include:
(i) The renting or leasing of tangible personal property to
consumers; and
(ii) Providing tangible personal property along with an
operator for a fixed or indeterminate period of time. A consideration of this is that the operator is necessary for the
equipment to perform as designed. For the purpose of this
subsection (4)(a)(ii), an operator must do more than maintain,
inspect, or set up the tangible personal property.
(b) The term shall not include the renting or leasing of
tangible personal property where the lease or rental is for the
purpose of sublease or subrent.
(5) The term shall also include the providing of telephone service, as defined in RCW 82.04.065, to consumers.
(6) The term shall also include the sale of prewritten
computer software other than a sale to a person who presents
a resale certificate under RCW 82.04.470, regardless of the
method of delivery to the end user, but shall not include custom software or the customization of prewritten computer
software.
(7) The term shall not include the sale of or charge made
for labor and services rendered in respect to the building,
repairing, or improving of any street, place, road, highway,
easement, right of way, mass public transportation terminal
or parking facility, bridge, tunnel, or trestle which is owned
by a municipal corporation or political subdivision of the
state or by the United States and which is used or to be used
primarily for foot or vehicular traffic including mass transportation vehicles of any kind.
(8) The term shall also not include sales of chemical
sprays or washes to persons for the purpose of postharvest
treatment of fruit for the prevention of scald, fungus, mold, or
decay, nor shall it include sales of feed, seed, seedlings, fer-
82.04.050
tilizer, agents for enhanced pollination including insects such
as bees, and spray materials to: (a) Persons who participate
in the federal conservation reserve program, the environmental quality incentives program, the wetlands reserve program,
and the wildlife habitat incentives program, or their successors administered by the United States department of agriculture; (b) farmers for the purpose of producing for sale any
agricultural product; and (c) farmers acting under cooperative
habitat development or access contracts with an organization
exempt from federal income tax under 26 U.S.C. Sec.
501(c)(3) or the Washington state department of fish and
wildlife to produce or improve wildlife habitat on land that
the farmer owns or leases.
(9) The term shall not include the sale of or charge made
for labor and services rendered in respect to the constructing,
repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of
or for the United States, any instrumentality thereof, or a
county or city housing authority created pursuant to chapter
35.82 RCW, including the installing, or attaching of any article of tangible personal property therein or thereto, whether
or not such personal property becomes a part of the realty by
virtue of installation. Nor shall the term include the sale of
services or charges made for the clearing of land and the
moving of earth of or for the United States, any instrumentality thereof, or a county or city housing authority. Nor shall
the term include the sale of services or charges made for
cleaning up for the United States, or its instrumentalities,
radioactive waste and other byproducts of weapons production and nuclear research and development.
(10) Until July 1, 2003, the term shall not include the sale
of or charge made for labor and services rendered for environmental remedial action as defined in RCW 82.04.2635(2).
[2003 c 168 § 104; 2002 c 178 § 1; 2000 2nd sp.s. c 4 § 23.
Prior: 1998 c 332 § 2; 1998 c 315 § 1; 1998 c 308 § 1; 1998
c 275 § 1; 1997 c 127 § 1; prior: 1996 c 148 § 1; 1996 c 112
§ 1; 1995 1st sp.s. c 12 § 2; 1995 c 39 § 2; 1993 sp.s. c 25 §
301; 1988 c 253 § 1; prior: 1987 c 285 § 1; 1987 c 23 § 2;
1986 c 231 § 1; 1983 2nd ex.s. c 3 § 25; 1981 c 144 § 3; 1975
1st ex.s. c 291 § 5; 1975 1st ex.s. c 90 § 1; 1973 1st ex.s. c 145
§ 1; 1971 ex.s. c 299 § 3; 1971 ex.s. c 281 § 1; 1970 ex.s. c 8
§ 1; prior: 1969 ex.s. c 262 § 30; 1969 ex.s. c 255 § 3; 1967
ex.s. c 149 § 4; 1965 ex.s. c 173 § 1; 1963 c 7 § 1; prior: 1961
ex.s. c 24 § 1; 1961 c 293 § 1; 1961 c 15 § 82.04.050; prior:
1959 ex.s. c 5 § 2; 1957 c 279 § 1; 1955 c 389 § 6; 1953 c 91
§ 3; 1951 2nd ex.s. c 28 § 3; 1949 c 228 § 2, part; 1945 c 249
§ 1, part; 1943 c 156 § 2, part; 1941 c 178 § 2, part; 1939 c
225 § 2, part; 1937 c 227 § 2, part; 1935 c 180 § 5, part; Rem.
Supp. 1949 § 8370-5, part.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Retroactive application—Effective date—2002 c 178: See notes following RCW 67.28.180.
Findings—Construction—2000 2nd sp.s. c 4 §§ 18-30: See notes following RCW 81.112.300.
Findings—Intent—Effective date—1998 c 332: See notes following
RCW 82.04.29001.
Effective dates—1998 c 308: "(1) Sections 1 through 4 of this act take
effect July 1, 1998.
(2) Section 5 of this act takes effect July 1, 2003." [1998 c 308 § 6.]
Effective date—1998 c 275: "This act takes effect July 1, 1998." [1998
c 275 § 2.]
[2003 RCW Supp—page 1031]
82.04.120
Title 82 RCW: Excise Taxes
Effective date—1997 c 127: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
[1997 c 127 § 2.]
Severability—1996 c 148: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1996 c 148 § 7.]
Effective date—1996 c 148: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect April 1,
1996." [1996 c 148 § 8.]
Effective date—1996 c 112: "This act shall take effect July 1, 1996."
[1996 c 112 § 5.]
Intent—1995 1st sp.s. c 12: "It is the intent of the legislature that massage services be recognized as health care practitioners for the purposes of
business and occupation tax application. To achieve this intent massage services are being removed from the definition of sale at retail and retail sale."
[1995 1st sp.s. c 12 § 1.]
Effective date—1995 1st sp.s. c 12: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995." [1995 1st sp.s. c 12 § 5.]
Effective date—1995 c 39: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 39 § 3.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Intent—Severability—Effective date—1981 c 144: See notes following RCW 82.16.010.
Application to preexisting contracts—1975 1st ex.s. c 291; 1975 1st
ex.s. c 90: See note following RCW 82.12.010.
Effective dates—1975 1st ex.s. c 291: "This 1975 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing institutions, and
shall take effect immediately: PROVIDED, That sections 8 and 26 through
43 of this amendatory act shall be effective on and after January 1, 1976:
PROVIDED FURTHER, That sections 2, 3, and 4, and subsections (1) and
(2) of section 24 shall be effective on and after January 1, 1977: AND PROVIDED FURTHER, That subsections (3) through (15) of section 24 shall be
effective on and after January 1, 1978." [1975 1st ex.s. c 291 § 46.]
Severability—1975 1st ex.s. c 291: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975 1st ex.s. c 291 § 45.]
Effective date—1975 1st ex.s. c 90: "This 1975 amendatory act is necessary for the immediate preservation of the public peace, health and safety,
the support of the state government and its existing public institutions, and
shall take effect July 1, 1975." [1975 1st ex.s. c 90 § 5.]
Effective date—1973 1st ex.s. c 145: "This act is necessary for the
immediate preservation of the public peace, health and safety, the support of
the state government and its existing public institutions, and shall take effect
July 1, 1973." [1973 1st ex.s. c 145 § 2.]
Effective dates—1971 ex.s. c 299: "This 1971 amendatory act is necessary for the immediate preservation of the public peace, health and safety,
the support of the state government and its existing public institutions, and
shall take effect as follows:
(1) Sections 1 through 12, 15 through 34 and 53 shall take effect July
1, 1971;
(2) Sections 13, 14, and 77 and 78 shall take effect June 1, 1971; and
(3) Sections 35 through 52 and 54 through 76 shall take effect as provided in section 53." [1971 ex.s. c 299 § 79.]
Severability—1971 ex.s. c 299: "If any phrase, clause, subsection or
section of this 1971 amendatory act shall be declared unconstitutional or
invalid by any court of competent jurisdiction, it shall be conclusively presumed that the legislature would have enacted this 1971 amendatory act
without the phrase, clause, subsection or section so held unconstitutional or
[2003 RCW Supp—page 1032]
invalid and the remainder of the act shall not be affected as a result of said
part being held unconstitutional or invalid." [1971 ex.s. c 299 § 78.]
Construction—Severability—1969 ex.s. c 255: See notes following
RCW 35.58.272.
Effective date—1967 ex.s. c 149: "This act is necessary for the immediate preservation of the public peace, health and safety, the support of the
state government and its existing public institutions, and shall take effect
July 1, 1967." [1967 ex.s. c 149 § 65.]
Effective date—1965 ex.s. c 173: "This act is necessary for the immediate preservation of the public peace, health and safety, the support of the
state government and its existing public institutions, and shall take effect
June 1, 1965." [1965 ex.s. c 173 § 33.]
Credit for retail sales or use taxes paid to other jurisdictions with respect to
property used: RCW 82.12.035.
"Services rendered in respect to" defined: RCW 82.04.051.
82.04.120
82.04.120 "To manufacture." (Effective July 1,
2004.) "To manufacture" embraces all activities of a commercial or industrial nature wherein labor or skill is applied,
by hand or machinery, to materials so that as a result thereof
a new, different or useful substance or article of tangible personal property is produced for sale or commercial or industrial use, and shall include: (1) The production or fabrication
of special made or custom made articles; (2) the production
or fabrication of dental appliances, devices, restorations, substitutes, or other dental laboratory products by a dental laboratory or dental technician; (3) cutting, delimbing, and measuring of felled, cut, or taken trees; and (4) crushing and/or
blending of rock, sand, stone, gravel, or ore.
"To manufacture" shall not include: Conditioning of
seed for use in planting; cubing hay or alfalfa; activities
which consist of cutting, grading, or ice glazing seafood
which has been cooked, frozen, or canned outside this state;
the growing, harvesting, or producing of agricultural products; packing of agricultural products, including sorting,
washing, rinsing, grading, waxing, treating with fungicide,
packaging, chilling, or placing in controlled atmospheric
storage; or the production of computer software if the computer software is delivered from the seller to the purchaser by
means other than tangible storage media, including the delivery by use of a tangible storage media where the tangible
storage media is not physically transferred to the purchaser.
[2003 c 168 § 604; 1999 sp.s. c 9 § 1; 1999 c 211 § 2; 1998 c
168 § 1; 1997 c 384 § 1; 1989 c 302 § 201. Prior: 1989 c 302
§ 101; 1987 c 493 § 1; 1982 2nd ex.s. c 9 § 2; 1975 1st ex.s.
c 291 § 6; 1965 ex.s. c 173 § 3; 1961 c 15 § 82.04.120; prior:
1959 ex.s. c 3 § 2; 1955 c 389 § 13; prior: 1949 c 228 § 2,
part; 1945 c 249 § 1, part; 1943 c 156 § 2, part; 1941 c 178 §
2, part; 1939 c 225 § 2, part; 1937 c 227 § 2, part; 1935 c 180
§ 5, part; Rem. Supp. 1949 § 8370-5, part.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Intent—1999 sp.s. c 9: "This act is intended to clarify that this is the
intent of the legislature both retroactively and prospectively." [1999 sp.s. c
9 § 4.]
Severability—1999 sp.s. c 9: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1999 sp.s. c 9 § 5.]
Effective date—1999 sp.s. c 9: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[June 7, 1999]." [1999 sp.s. c 9 § 6.]
Business and Occupation Tax
Intent—1999 c 211 §§ 2 and 3: "The legislature intends that sections 2
and 3 of this act be clarifying in nature and are retroactive in response to the
administrative difficulties encountered in implementing the original legislation." [1999 c 211 § 4.]
Effective date—1999 c 211 §§ 1-4: "Sections 1 through 4 of this act are
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect immediately [May 7, 1999]." [1999 c 211 § 7.]
Finding—Intent—1999 c 211: See note following RCW 82.08.02565.
Effective date—1998 c 168: "This act takes effect October 1, 1998."
[1998 c 168 § 4.]
Effective date—1997 c 384: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
[1997 c 384 § 3.]
Finding—Purpose—1989 c 302: "(1) The legislature finds that chapter 9, Laws of 1982 2nd ex. sess. was intended to extend state public utility
taxation to electrical energy generated in this state for eventual distribution
outside this state. The legislature further finds that chapter 9, Laws of 1982
2nd ex. sess. was held unconstitutional by the Thurston county superior court
in Washington Water Power v. State of Washington (memorandum opinion
No. 83-2-00977-1). The purpose of *Part I of this act is to recognize the
effect of that decision by correcting the relevant RCW sections to read as
though the legislature had not enacted chapter 9, Laws of 1982 2nd ex. sess.,
and thereby make clear the effect of subsequent amendments in *Part II of
this act.
(2) The purpose of *Part II of this act is to provide a constitutional
means of replacing the revenue lost as a result of the Washington Water
Power decision." [1989 c 302 § 1.]
*Reviser's note: For "Part" division see 1989 c 302.
Effective date—1982 2nd ex.s. c 9: See note following RCW
82.16.010.
Effective dates—Severability—1975 1st ex.s. c 291: See notes following RCW 82.04.050.
82.04.180
82.04.180 "Successor." (1) "Successor" means:
(a) Any person to whom a taxpayer quitting, selling out,
exchanging, or disposing of a business sells or otherwise conveys, directly or indirectly, in bulk and not in the ordinary
course of the taxpayer's business, more than fifty percent of
the fair market value of either the (i) tangible assets or (ii)
intangible assets of the taxpayer; or
(b) A surviving corporation of a statutory merger.
(2) Any person obligated to fulfill the terms of a contract
shall be deemed a successor to any contractor defaulting in
the performance of any contract as to which such person is a
surety or guarantor. [2003 1st sp.s. c 13 § 11; 1985 c 414 § 6;
1961 c 15 § 82.04.180. Prior: 1955 c 389 § 19; prior: 1949
c 228 § 2, part; 1945 c 249 § 1, part; 1943 c 156 § 2, part;
1941 c 178 § 2, part; 1939 c 225 § 2, part; 1937 c 227 § 2,
part; 1935 c 180 § 5, part; Rem. Supp. 1949 § 8370-5, part.]
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
82.04.215
82.04.215 "Computer," "computer software," "custom software," "customization of prewritten computer
software," "master copies," "prewritten computer software," "retained rights." (Effective July 1, 2004.) (1)
"Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a result
based on a sequence of instructions.
(2) "Computer software" means a set of coded instructions designed to cause a computer or automatic data processing equipment to perform a task. All software is classified as
either prewritten or custom. Consistent with this definition
82.04.216
"computer software" includes only those sets of coded
instructions intended for use by an end user and specifically
excludes retained rights in software and master copies of
software.
(3) "Custom software" means software created for a single person.
(4) "Customization of prewritten computer software"
means any alteration, modification, or development of applications using or incorporating prewritten computer software
for a specific person. "Customization of prewritten computer
software" includes individualized configuration of software
to work with other software and computer hardware but does
not include routine installation. Customization of prewritten
computer software does not change the underlying character
or taxability of the original prewritten computer software.
(5) "Master copies" of software means copies of software from which a software developer, author, inventor, publisher, licensor, sublicensor, or distributor makes copies for
sale or license.
(6) "Prewritten computer software" means computer
software, including prewritten upgrades, that is not designed
and developed by the author or other creator to the specifications of a specific purchaser. The combining of two or more
prewritten computer software programs or prewritten portions thereof does not cause the combination to be other than
prewritten computer software. Prewritten computer software
includes software designed and developed by the author or
other creator to the specifications of a specific purchaser
when it is sold to a person other than such purchaser. Where
a person modifies or enhances computer software of which
such persons is not the author or creator, the person shall be
deemed to be the author or creator only of the person's modifications or enhancements. Prewritten computer software or
a prewritten portion thereof that is modified or enhanced to
any degree, where such modification or enhancement is
designed and developed to the specifications of a specific
purchaser, remains prewritten computer software; however
where there is a reasonable, separately stated charge or an
invoice or other statement of the price given to the purchaser
for the modification or enhancement, the modification or
enhancement shall not constitute prewritten computer software.
(7) "Retained rights" means any and all rights, including
intellectual property rights such as those rights arising from
copyrights, patents, and trade secret laws, that are owned or
are held under contract or license by a software developer,
author, inventor, publisher, licensor, sublicensor, or distributor. [2003 c 168 § 601; 1998 c 332 § 3.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Findings—Intent—Effective date—1998 c 332: See notes following
RCW 82.04.29001.
82.04.216
82.04.216 Exclusion of steam, electricity, or electrical
energy from definition of certain terms. (Effective July 1,
2004.) Consistent with RCW 82.02.220, when the terms
"tangible personal property," "ingredient," "component part,"
"incorporated into," "goods," "products," "byproducts,"
"materials," "consumables," and other similar terms denoting
tangible items that may be used, sold, or consumed are used
[2003 RCW Supp—page 1033]
82.04.240
Title 82 RCW: Excise Taxes
in this chapter, the terms do not include steam, electricity, or
electrical energy. [2003 c 168 § 702.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
82.04.240
82.04.240 Tax on manufacturers. (Contingent effective date; contingent expiration of subsection.) (1) Upon
every person engaging within this state in business as a manufacturer, except persons taxable as manufacturers under
other provisions of this chapter; as to such persons the
amount of the tax with respect to such business shall be equal
to the value of the products, including byproducts, manufactured, multiplied by the rate of 0.484 percent.
(2) Upon every person engaging within this state in the
business of manufacturing semiconductor materials, as to
such persons the amount of tax with respect to such business
shall, in the case of manufacturers, be equal to the value of
the product manufactured, or, in the case of processors for
hire, be equal to the gross income of the business, multiplied
by the rate of 0.275 percent. For the purposes of this subsection "semiconductor materials" means silicon crystals, silicon
ingots, raw polished semiconductor wafers, compound semiconductors, integrated circuits, and microchips. This subsection (2) expires twelve years after *the effective date of this
act.
(3) The measure of the tax is the value of the products,
including byproducts, so manufactured regardless of the
place of sale or the fact that deliveries may be made to points
outside the state. [2003 c 149 § 3; 1998 c 312 § 3; 1993 sp.s.
c 25 § 102; 1981 c 172 § 1; 1979 ex.s. c 196 § 1; 1971 ex.s. c
281 § 3; 1969 ex.s. c 262 § 34; 1967 ex.s. c 149 § 8; 1965
ex.s. c 173 § 5; 1961 c 15 § 82.04.240. Prior: 1959 c 211 §
1; 1955 c 389 § 44; prior: 1950 ex.s. c 5 § 1, part; 1949 c 228
§ 1, part; 1943 c 156 § 1, part; 1941 c 178 § 1, part; 1939 c
225 § 1, part; 1937 c 227 § 1, part; 1935 c 180 § 4, part; Rem.
Supp. 1949 § 8370-4, part.]
*Contingent effective date—Findings—Intent—2003 c 149: See
notes following RCW 82.04.426.
Effective date—Savings—1998 c 312: See notes following RCW
82.04.332.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Effective dates—1981 c 172: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1981, except section 9 of this act shall take effect September 1, 1981, sections 7 and 8 of this act shall take effect October 1, 1981, and section 10 of
this act shall take effect July 1, 1983." [1981 c 172 § 12.]
Effective date—1979 ex.s. c 196: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the
state government and its existing public institutions, and shall take effect on
July 1, 1979." [1979 ex.s. c 196 § 15.]
82.04.250
82.04.250 Tax on retailers. (Expires July 1, 2006.) (1)
Upon every person except persons taxable under RCW
82.04.260(5), 82.04.272, or subsection (2) or (3) of this section engaging within this state in the business of making sales
at retail, as to such persons, the amount of tax with respect to
such business shall be equal to the gross proceeds of sales of
the business, multiplied by the rate of 0.471 percent.
(2) Upon every person engaging within this state in the
business of making sales at retail that are exempt from the tax
[2003 RCW Supp—page 1034]
imposed under chapter 82.08 RCW by reason of RCW
82.08.0261, 82.08.0262, or 82.08.0263 except as provided in
subsection (3) of this section, as to such persons, the amount
of tax with respect to such business shall be equal to the gross
proceeds of sales of the business, multiplied by the rate of
0.484 percent.
(3) Upon every person engaging within this state in the
business of making sales at retail that are exempt from the tax
imposed under chapter 82.08 RCW by reason of RCW
82.08.0261, 82.08.0262, or 82.08.0263, that is classified by
the federal aviation administration as a FAR part 145 certificated repair station with airframe and instrument ratings and
limited ratings for nondestructive testing, radio, Class 3
Accessory, and specialized services, as to such persons, the
amount of tax with respect to such business shall be equal to
the gross proceeds of sales of the business, multiplied by the
rate of .275 percent. [2003 1st sp.s. c 2 § 1. Prior: 1998 c
343 § 5; 1998 c 312 § 4; 1993 sp.s. c 25 § 103; 1981 c 172 §
2; 1971 ex.s. c 281 § 4; 1971 ex.s. c 186 § 2; 1969 ex.s. c 262
§ 35; 1967 ex.s. c 149 § 9; 1961 c 15 § 82.04.250; prior: 1955
c 389 § 45; prior: 1950 ex.s. c 5 § 1, part; 1949 c 228 § 1,
part; 1943 c 156 § 1, part; 1941 c 178 § 1, part; 1939 c 225 §
1, part; 1937 c 227 § 1, part; 1935 c 180 § 4, part; Rem. Supp.
1949 § 8370-4, part.]
Expiration date—2003 1st sp.s. c 2: "This act expires July 1, 2006."
[2003 1st sp.s. c 2 § 3.]
Effective date—2003 1st sp.s. c 2: "This act takes effect August 1,
2003." [2003 1st sp.s. c 2 § 4.]
Effective date—1998 c 343: See note following RCW 82.04.272.
Effective date—Savings—1998 c 312: See notes following RCW
82.04.332.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Effective dates—1981 c 172: See note following RCW 82.04.240.
Effective date—1971 ex.s. c 186: See note following RCW 82.04.110.
82.04.250
82.04.250 Tax on retailers. (Contingent effective
date.) (1) Upon every person except persons taxable under
RCW 82.04.260 (5) or (13), 82.04.272, or subsection (2) of
this section engaging within this state in the business of making sales at retail, as to such persons, the amount of tax with
respect to such business shall be equal to the gross proceeds
of sales of the business, multiplied by the rate of 0.471 percent.
(2) Upon every person engaging within this state in the
business of making sales at retail that are exempt from the tax
imposed under chapter 82.08 RCW by reason of RCW
82.08.0261, 82.08.0262, or 82.08.0263, except persons taxable under RCW 82.04.260(13), as to such persons, the
amount of tax with respect to such business shall be equal to
the gross proceeds of sales of the business, multiplied by the
rate of 0.484 percent. [2003 2nd sp.s. c 1 § 2. Prior: 1998 c
343 § 5; 1998 c 312 § 4; 1993 sp.s. c 25 § 103; 1981 c 172 §
2; 1971 ex.s. c 281 § 4; 1971 ex.s. c 186 § 2; 1969 ex.s. c 262
§ 35; 1967 ex.s. c 149 § 9; 1961 c 15 § 82.04.250; prior: 1955
c 389 § 45; prior: 1950 ex.s. c 5 § 1, part; 1949 c 228 § 1,
part; 1943 c 156 § 1, part; 1941 c 178 § 1, part; 1939 c 225 §
1, part; 1937 c 227 § 1, part; 1935 c 180 § 4, part; Rem. Supp.
1949 § 8370-4, part.]
Contingent effective date—2003 2nd sp.s. c 1: See RCW 82.32.550.
Finding—2003 2nd sp.s. c 1: See note following RCW 82.04.4461.
Business and Occupation Tax
Effective date—1998 c 343: See note following RCW 82.04.272.
Effective date—Savings—1998 c 312: See notes following RCW
82.04.332.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Effective dates—1981 c 172: See note following RCW 82.04.240.
Effective date—1971 ex.s. c 186: See note following RCW 82.04.110.
82.04.260
82.04.260 Tax on manufacturers and processors of
various foods and by-products—Research and development organizations—Nuclear fuel assemblies—Travel
agents—Certain international activities—Stevedoring
and associated activities—Low-level waste disposers—
Insurance agents, brokers, and solicitors—Hospitals—
Expiration of subsection. (Contingent expiration date.)
(1) Upon every person engaging within this state in the business of manufacturing:
(a) Wheat into flour, barley into pearl barley, soybeans
into soybean oil, canola into canola oil, canola meal, or
canola byproducts, or sunflower seeds into sunflower oil; as
to such persons the amount of tax with respect to such business shall be equal to the value of the flour, pearl barley, oil,
canola meal, or canola byproduct manufactured, multiplied
by the rate of 0.138 percent;
(b) Seafood products which remain in a raw, raw frozen,
or raw salted state at the completion of the manufacturing by
that person; as to such persons the amount of tax with respect
to such business shall be equal to the value of the products
manufactured, multiplied by the rate of 0.138 percent;
(c) By canning, preserving, freezing, processing, or
dehydrating fresh fruits and vegetables, or selling at wholesale fresh fruits and vegetables canned, preserved, frozen,
processed, or dehydrated by the seller and sold to purchasers
who transport in the ordinary course of business the goods
out of this state; as to such persons the amount of tax with
respect to such business shall be equal to the value of the
products canned, preserved, frozen, processed, or dehydrated
multiplied by the rate of 0.138 percent. As proof of sale to a
person who transports in the ordinary course of business
goods out of this state, the seller shall annually provide a
statement in a form prescribed by the department and retain
the statement as a business record;
(d) Dairy products that as of September 20, 2001, are
identified in 21 C.F.R., chapter 1, parts 131, 133, and 135,
including byproducts from the manufacturing of the dairy
products such as whey and casein; or selling the same to purchasers who transport in the ordinary course of business the
goods out of state; as to such persons the tax imposed shall be
equal to the value of the products manufactured multiplied by
the rate of 0.138 percent. As proof of sale to a person who
transports in the ordinary course of business goods out of this
state, the seller shall annually provide a statement in a form
prescribed by the department and retain the statement as a
business record;
(e) Alcohol fuel, biodiesel fuel, or biodiesel feedstock, as
those terms are defined in RCW 82.29A.135; as to such persons the amount of tax with respect to the business shall be
equal to the value of alcohol fuel, biodiesel fuel, or biodiesel
feedstock manufactured, multiplied by the rate of 0.138 percent. This subsection (1)(e) expires July 1, 2009; and
82.04.260
(f) Alcohol fuel or wood biomass fuel, as those terms are
defined in RCW 82.29A.135; as to such persons the amount
of tax with respect to the business shall be equal to the value
of alcohol fuel or wood biomass fuel manufactured, multiplied by the rate of 0.138 percent.
(2) Upon every person engaging within this state in the
business of splitting or processing dried peas; as to such persons the amount of tax with respect to such business shall be
equal to the value of the peas split or processed, multiplied by
the rate of 0.138 percent.
(3) Upon every nonprofit corporation and nonprofit
association engaging within this state in research and development, as to such corporations and associations, the amount
of tax with respect to such activities shall be equal to the
gross income derived from such activities multiplied by the
rate of 0.484 percent.
(4) Upon every person engaging within this state in the
business of slaughtering, breaking and/or processing perishable meat products and/or selling the same at wholesale only
and not at retail; as to such persons the tax imposed shall be
equal to the gross proceeds derived from such sales multiplied by the rate of 0.138 percent.
(5) Upon every person engaging within this state in the
business of making sales, at retail or wholesale, of nuclear
fuel assemblies manufactured by that person, as to such persons the amount of tax with respect to such business shall be
equal to the gross proceeds of sales of the assemblies multiplied by the rate of 0.275 percent.
(6) Upon every person engaging within this state in the
business of manufacturing nuclear fuel assemblies, as to such
persons the amount of tax with respect to such business shall
be equal to the value of the products manufactured multiplied
by the rate of 0.275 percent.
(7) Upon every person engaging within this state in the
business of acting as a travel agent or tour operator; as to such
persons the amount of the tax with respect to such activities
shall be equal to the gross income derived from such activities multiplied by the rate of 0.275 percent.
(8) Upon every person engaging within this state in business as an international steamship agent, international customs house broker, international freight forwarder, vessel
and/or cargo charter broker in foreign commerce, and/or
international air cargo agent; as to such persons the amount of
the tax with respect to only international activities shall be
equal to the gross income derived from such activities multiplied by the rate of 0.275 percent.
(9) Upon every person engaging within this state in the
business of stevedoring and associated activities pertinent to
the movement of goods and commodities in waterborne interstate or foreign commerce; as to such persons the amount of
tax with respect to such business shall be equal to the gross
proceeds derived from such activities multiplied by the rate
of 0.275 percent. Persons subject to taxation under this subsection shall be exempt from payment of taxes imposed by
chapter 82.16 RCW for that portion of their business subject
to taxation under this subsection. Stevedoring and associated
activities pertinent to the conduct of goods and commodities
in waterborne interstate or foreign commerce are defined as
all activities of a labor, service or transportation nature
whereby cargo may be loaded or unloaded to or from vessels
or barges, passing over, onto or under a wharf, pier, or similar
[2003 RCW Supp—page 1035]
82.04.260
Title 82 RCW: Excise Taxes
structure; cargo may be moved to a warehouse or similar
holding or storage yard or area to await further movement in
import or export or may move to a consolidation freight station and be stuffed, unstuffed, containerized, separated or
otherwise segregated or aggregated for delivery or loaded on
any mode of transportation for delivery to its consignee. Specific activities included in this definition are: Wharfage, handling, loading, unloading, moving of cargo to a convenient
place of delivery to the consignee or a convenient place for
further movement to export mode; documentation services in
connection with the receipt, delivery, checking, care, custody
and control of cargo required in the transfer of cargo;
imported automobile handling prior to delivery to consignee;
terminal stevedoring and incidental vessel services, including
but not limited to plugging and unplugging refrigerator service to containers, trailers, and other refrigerated cargo receptacles, and securing ship hatch covers.
(10) Upon every person engaging within this state in the
business of disposing of low-level waste, as defined in RCW
43.145.010; as to such persons the amount of the tax with
respect to such business shall be equal to the gross income of
the business, excluding any fees imposed under chapter
43.200 RCW, multiplied by the rate of 3.3 percent.
If the gross income of the taxpayer is attributable to
activities both within and without this state, the gross income
attributable to this state shall be determined in accordance
with the methods of apportionment required under RCW
82.04.460.
(11) Upon every person engaging within this state as an
insurance agent, insurance broker, or insurance solicitor
licensed under chapter 48.17 RCW; as to such persons, the
amount of the tax with respect to such licensed activities shall
be equal to the gross income of such business multiplied by
the rate of 0.484 percent.
(12) Upon every person engaging within this state in
business as a hospital, as defined in chapter 70.41 RCW, that
is operated as a nonprofit corporation or by the state or any of
its political subdivisions, as to such persons, the amount of
tax with respect to such activities shall be equal to the gross
income of the business multiplied by the rate of 0.75 percent
through June 30, 1995, and 1.5 percent thereafter. The moneys collected under this subsection shall be deposited in the
health services account created under RCW 43.72.900.
[2003 c 339 § 11; 2003 c 261 § 11; 2001 2nd sp.s. c 25 § 2.
Prior: 1998 c 312 § 5; 1998 c 311 § 2; prior: 1998 c 170 § 4;
1996 c 148 § 2; 1996 c 115 § 1; prior: 1995 2nd sp.s. c 12 §
1; 1995 2nd sp.s. c 6 § 1; 1993 sp.s. c 25 § 104; 1993 c 492 §
304; 1991 c 272 § 15; 1990 c 21 § 2; 1987 c 139 § 1; prior:
1985 c 471 § 1; 1985 c 135 § 2; 1983 2nd ex.s. c 3 § 5; prior:
1983 1st ex.s. c 66 § 4; 1983 1st ex.s. c 55 § 4; 1982 2nd ex.s.
c 13 § 1; 1982 c 10 § 16; prior: 1981 c 178 § 1; 1981 c 172 §
3; 1979 ex.s. c 196 § 2; 1975 1st ex.s. c 291 § 7; 1971 ex.s. c
281 § 5; 1971 ex.s. c 186 § 3; 1969 ex.s. c 262 § 36; 1967
ex.s. c 149 § 10; 1965 ex.s. c 173 § 6; 1961 c 15 § 82.04.260;
prior: 1959 c 211 § 2; 1955 c 389 § 46; prior: 1953 c 91 § 4;
1951 2nd ex.s. c 28 § 4; 1950 ex.s. c 5 § 1, part; 1949 c 228 §
1, part; 1943 c 156 § 1, part; 1941 c 178 § 1, part; 1939 c 225
§ 1, part; 1937 c 227 § 1, part; 1935 c 180 § 4, part; Rem.
Supp. 1949 § 8370-4, part.]
Reviser's note: This section was amended by 2003 c 261 § 11 and by
2003 c 339 § 11, each without reference to the other. Both amendments are
[2003 RCW Supp—page 1036]
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective dates—2003 c 339: See note following RCW 82.69.030.
Effective dates—2003 c 261: See note following RCW 82.68.030.
Purpose—Intent—2001 2nd sp.s. c 25: "The purpose of sections 2
and 3 of this act is to provide a tax rate for persons who manufacture dairy
products that is commensurate to the rate imposed on certain other processors of agricultural commodities. This tax rate applies to persons who manufacture dairy products from raw materials such as fluid milk, dehydrated
milk, or byproducts of milk such as cream, buttermilk, whey, butter, or
casein. It is not the intent of the legislature to provide this tax rate to persons
who use dairy products as an ingredient or component of their manufactured
product, such as milk-based soups or pizza. It is the intent that persons who
manufacture products such as milk, cheese, yogurt, ice cream, whey, or
whey products be subject to this rate." [2001 2nd sp.s. c 25 § 1.]
Part headings not law—2001 2nd sp.s. c 25: "Part headings used in
this act are not any part of the law." [2001 2nd sp.s. c 25 § 7.]
Effective date—Savings—1998 c 312: See notes following RCW
82.04.332.
Effective date—1998 c 170: See note following RCW 82.04.331.
Severability—Effective date—1996 c 148: See notes following RCW
82.04.050.
Effective date—1996 c 115: "This act shall take effect July 1, 1996."
[1996 c 115 § 2.]
Effective date—1995 2nd sp.s. c 12: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995." [1995 2nd sp.s. c 12 § 2.]
Effective date—1995 2nd sp.s. c 6: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995." [1995 2nd sp.s. c 6 § 2.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Effective dates—1991 c 272: See RCW 81.108.901.
Severability—1985 c 471: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 471 § 17.]
Effective date—1985 c 471: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1985." [1985 c 471 § 18.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Effective dates—1983 1st ex.s. c 55: See note following RCW
82.08.010.
Severability—1982 2nd ex.s. c 13: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 2nd ex.s. c 13 § 2.]
Effective date—1982 2nd ex.s. c 13: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions, and shall take effect
August 1, 1982." [1982 2nd ex.s. c 13 § 3.]
Severability—1982 c 10: See note following RCW 6.13.080.
Effective dates—1981 c 172: See note following RCW 82.04.240.
Effective date—1979 ex.s. c 196: See note following RCW 82.04.240.
Effective dates—Severability—1975 1st ex.s. c 291: See notes following RCW 82.04.050.
Effective date—1971 ex.s. c 186: See note following RCW 82.04.110.
Low-level waste disposal rate regulation study: RCW 81.04.520.
Business and Occupation Tax
82.04.260
82.04.260
82.04.260 Tax on manufacturers and processors of
various foods and by-products—Research and development organizations—Nuclear fuel assemblies—Travel
agents—Certain international activities—Stevedoring
and associated activities—Low-level waste disposers—
Insurance agents, brokers, and solicitors—Hospitals—
Expiration of subsection. (Contingent effective date.) (1)
Upon every person engaging within this state in the business
of manufacturing:
(a) Wheat into flour, barley into pearl barley, soybeans
into soybean oil, canola into canola oil, canola meal, or
canola byproducts, or sunflower seeds into sunflower oil; as
to such persons the amount of tax with respect to such business shall be equal to the value of the flour, pearl barley, oil,
canola meal, or canola byproduct manufactured, multiplied
by the rate of 0.138 percent;
(b) Seafood products which remain in a raw, raw frozen,
or raw salted state at the completion of the manufacturing by
that person; as to such persons the amount of tax with respect
to such business shall be equal to the value of the products
manufactured, multiplied by the rate of 0.138 percent;
(c) By canning, preserving, freezing, processing, or
dehydrating fresh fruits and vegetables, or selling at wholesale fresh fruits and vegetables canned, preserved, frozen,
processed, or dehydrated by the seller and sold to purchasers
who transport in the ordinary course of business the goods
out of this state; as to such persons the amount of tax with
respect to such business shall be equal to the value of the
products canned, preserved, frozen, processed, or dehydrated
multiplied by the rate of 0.138 percent. As proof of sale to a
person who transports in the ordinary course of business
goods out of this state, the seller shall annually provide a
statement in a form prescribed by the department and retain
the statement as a business record;
(d) Dairy products that as of September 20, 2001, are
identified in 21 C.F.R., chapter 1, parts 131, 133, and 135,
including byproducts from the manufacturing of the dairy
products such as whey and casein; or selling the same to purchasers who transport in the ordinary course of business the
goods out of state; as to such persons the tax imposed shall be
equal to the value of the products manufactured multiplied by
the rate of 0.138 percent. As proof of sale to a person who
transports in the ordinary course of business goods out of this
state, the seller shall annually provide a statement in a form
prescribed by the department and retain the statement as a
business record;
(e) Alcohol fuel, biodiesel fuel, or biodiesel feedstock, as
those terms are defined in RCW 82.29A.135; as to such persons the amount of tax with respect to the business shall be
equal to the value of alcohol fuel, biodiesel fuel, or biodiesel
feedstock manufactured, multiplied by the rate of 0.138 percent. This subsection (1)(e) expires July 1, 2009; and
(f) Alcohol fuel or wood biomass fuel, as those terms are
defined in RCW 82.29A.135; as to such persons the amount
of tax with respect to the business shall be equal to the value
of alcohol fuel or wood biomass fuel manufactured, multiplied by the rate of 0.138 percent.
(2) Upon every person engaging within this state in the
business of splitting or processing dried peas; as to such persons the amount of tax with respect to such business shall be
equal to the value of the peas split or processed, multiplied by
the rate of 0.138 percent.
(3) Upon every nonprofit corporation and nonprofit
association engaging within this state in research and development, as to such corporations and associations, the amount
of tax with respect to such activities shall be equal to the
gross income derived from such activities multiplied by the
rate of 0.484 percent.
(4) Upon every person engaging within this state in the
business of slaughtering, breaking and/or processing perishable meat products and/or selling the same at wholesale only
and not at retail; as to such persons the tax imposed shall be
equal to the gross proceeds derived from such sales multiplied by the rate of 0.138 percent.
(5) Upon every person engaging within this state in the
business of making sales, at retail or wholesale, of nuclear
fuel assemblies manufactured by that person, as to such persons the amount of tax with respect to such business shall be
equal to the gross proceeds of sales of the assemblies multiplied by the rate of 0.275 percent.
(6) Upon every person engaging within this state in the
business of manufacturing nuclear fuel assemblies, as to such
persons the amount of tax with respect to such business shall
be equal to the value of the products manufactured multiplied
by the rate of 0.275 percent.
(7) Upon every person engaging within this state in the
business of acting as a travel agent or tour operator; as to such
persons the amount of the tax with respect to such activities
shall be equal to the gross income derived from such activities multiplied by the rate of 0.275 percent.
(8) Upon every person engaging within this state in business as an international steamship agent, international customs house broker, international freight forwarder, vessel
and/or cargo charter broker in foreign commerce, and/or
international air cargo agent; as to such persons the amount of
the tax with respect to only international activities shall be
equal to the gross income derived from such activities multiplied by the rate of 0.275 percent.
(9) Upon every person engaging within this state in the
business of stevedoring and associated activities pertinent to
the movement of goods and commodities in waterborne interstate or foreign commerce; as to such persons the amount of
tax with respect to such business shall be equal to the gross
proceeds derived from such activities multiplied by the rate
of 0.275 percent. Persons subject to taxation under this subsection shall be exempt from payment of taxes imposed by
chapter 82.16 RCW for that portion of their business subject
to taxation under this subsection. Stevedoring and associated
activities pertinent to the conduct of goods and commodities
in waterborne interstate or foreign commerce are defined as
all activities of a labor, service or transportation nature
whereby cargo may be loaded or unloaded to or from vessels
or barges, passing over, onto or under a wharf, pier, or similar
structure; cargo may be moved to a warehouse or similar
holding or storage yard or area to await further movement in
import or export or may move to a consolidation freight station and be stuffed, unstuffed, containerized, separated or
otherwise segregated or aggregated for delivery or loaded on
any mode of transportation for delivery to its consignee. Specific activities included in this definition are: Wharfage, handling, loading, unloading, moving of cargo to a convenient
[2003 RCW Supp—page 1037]
82.04.260
Title 82 RCW: Excise Taxes
place of delivery to the consignee or a convenient place for
further movement to export mode; documentation services in
connection with the receipt, delivery, checking, care, custody
and control of cargo required in the transfer of cargo;
imported automobile handling prior to delivery to consignee;
terminal stevedoring and incidental vessel services, including
but not limited to plugging and unplugging refrigerator service to containers, trailers, and other refrigerated cargo receptacles, and securing ship hatch covers.
(10) Upon every person engaging within this state in the
business of disposing of low-level waste, as defined in RCW
43.145.010; as to such persons the amount of the tax with
respect to such business shall be equal to the gross income of
the business, excluding any fees imposed under chapter
43.200 RCW, multiplied by the rate of 3.3 percent.
If the gross income of the taxpayer is attributable to
activities both within and without this state, the gross income
attributable to this state shall be determined in accordance
with the methods of apportionment required under RCW
82.04.460.
(11) Upon every person engaging within this state as an
insurance agent, insurance broker, or insurance solicitor
licensed under chapter 48.17 RCW; as to such persons, the
amount of the tax with respect to such licensed activities shall
be equal to the gross income of such business multiplied by
the rate of 0.484 percent.
(12) Upon every person engaging within this state in
business as a hospital, as defined in chapter 70.41 RCW, that
is operated as a nonprofit corporation or by the state or any of
its political subdivisions, as to such persons, the amount of
tax with respect to such activities shall be equal to the gross
income of the business multiplied by the rate of 0.75 percent
through June 30, 1995, and 1.5 percent thereafter. The moneys collected under this subsection shall be deposited in the
health services account created under RCW 43.72.900.
(13)(a) Beginning October 1, 2005, upon every person
engaging within this state in the business of manufacturing
commercial airplanes, or components of such airplanes, as to
such persons the amount of tax with respect to such business
shall, in the case of manufacturers, be equal to the value of
the product manufactured, or in the case of processors for
hire, be equal to the gross income of the business, multiplied
by the rate of:
(i) 0.4235 percent from October 1, 2005, through the
later of June 30, 2007, or the day preceding the date final
assembly of a superefficient airplane begins in Washington
state, as determined under RCW 82.32.550; and
(ii) 0.2904 percent beginning on the later of July 1, 2007,
or the date final assembly of a superefficient airplane begins
in Washington state, as determined under RCW 82.32.550.
(b) Beginning October 1, 2005, upon every person
engaging within this state in the business of making sales, at
retail or wholesale, of commercial airplanes, or components
of such airplanes, manufactured by that person, as to such
persons the amount of tax with respect to such business shall
be equal to the gross proceeds of sales of the airplanes or
components multiplied by the rate of:
(i) 0.4235 percent from October 1, 2005, through the
later of June 30, 2007, or the day preceding the date final
assembly of a superefficient airplane begins in Washington
state, as determined under RCW 82.32.550; and
[2003 RCW Supp—page 1038]
(ii) 0.2904 percent beginning on the later of July 1, 2007,
or the date final assembly of a superefficient airplane begins
in Washington state, as determined under RCW 82.32.550.
(c) For the purposes of this subsection (13), "commercial
airplane," "component," and "final assembly of a superefficient airplane" have the meanings given in RCW 82.32.550.
(d) In addition to all other requirements under this title, a
person eligible for the tax rate under this subsection (13) must
report as required under RCW 82.32.545.
(e) This subsection (13) does not apply after the earlier
of: July 1, 2024; or December 31, 2007, if assembly of a
superefficient airplane does not begin by December 31, 2007,
as determined under RCW 82.32.550. [2003 2nd sp.s. c 1 §
4; 2003 2nd sp.s. c 1 § 3; 2003 c 339 § 11; 2003 c 261 § 11;
2001 2nd sp.s. c 25 § 2. Prior: 1998 c 312 § 5; 1998 c 311 §
2; prior: 1998 c 170 § 4; 1996 c 148 § 2; 1996 c 115 § 1;
prior: 1995 2nd sp.s. c 12 § 1; 1995 2nd sp.s. c 6 § 1; 1993
sp.s. c 25 § 104; 1993 c 492 § 304; 1991 c 272 § 15; 1990 c
21 § 2; 1987 c 139 § 1; prior: 1985 c 471 § 1; 1985 c 135 §
2; 1983 2nd ex.s. c 3 § 5; prior: 1983 1st ex.s. c 66 § 4; 1983
1st ex.s. c 55 § 4; 1982 2nd ex.s. c 13 § 1; 1982 c 10 § 16;
prior: 1981 c 178 § 1; 1981 c 172 § 3; 1979 ex.s. c 196 § 2;
1975 1st ex.s. c 291 § 7; 1971 ex.s. c 281 § 5; 1971 ex.s. c 186
§ 3; 1969 ex.s. c 262 § 36; 1967 ex.s. c 149 § 10; 1965 ex.s. c
173 § 6; 1961 c 15 § 82.04.260; prior: 1959 c 211 § 2; 1955
c 389 § 46; prior: 1953 c 91 § 4; 1951 2nd ex.s. c 28 § 4; 1950
ex.s. c 5 § 1, part; 1949 c 228 § 1, part; 1943 c 156 § 1, part;
1941 c 178 § 1, part; 1939 c 225 § 1, part; 1937 c 227 § 1,
part; 1935 c 180 § 4, part; Rem. Supp. 1949 § 8370-4, part.]
Reviser's note: This section was amended by 2003 2nd sp.s. c 1 § 3 and
by 2003 2nd sp.s. c 1 § 4, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Contingent effective date—2003 2nd sp.s. c 1: See RCW 82.32.550.
Finding—2003 2nd sp.s. c 1: See note following RCW 82.04.4461.
Purpose—Intent—2001 2nd sp.s. c 25: "The purpose of sections 2
and 3 of this act is to provide a tax rate for persons who manufacture dairy
products that is commensurate to the rate imposed on certain other processors of agricultural commodities. This tax rate applies to persons who manufacture dairy products from raw materials such as fluid milk, dehydrated
milk, or byproducts of milk such as cream, buttermilk, whey, butter, or
casein. It is not the intent of the legislature to provide this tax rate to persons
who use dairy products as an ingredient or component of their manufactured
product, such as milk-based soups or pizza. It is the intent that persons who
manufacture products such as milk, cheese, yogurt, ice cream, whey, or
whey products be subject to this rate." [2001 2nd sp.s. c 25 § 1.]
Part headings not law—2001 2nd sp.s. c 25: "Part headings used in
this act are not any part of the law." [2001 2nd sp.s. c 25 § 7.]
Effective date—Savings—1998 c 312: See notes following RCW
82.04.332.
Effective date—1998 c 170: See note following RCW 82.04.331.
Severability—Effective date—1996 c 148: See notes following RCW
82.04.050.
Effective date—1996 c 115: "This act shall take effect July 1, 1996."
[1996 c 115 § 2.]
Effective date—1995 2nd sp.s. c 12: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995." [1995 2nd sp.s. c 12 § 2.]
Effective date—1995 2nd sp.s. c 6: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995." [1995 2nd sp.s. c 6 § 2.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Business and Occupation Tax
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Effective dates—1991 c 272: See RCW 81.108.901.
Severability—1985 c 471: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 471 § 17.]
82.04.280
Effective date—Savings—1998 c 312: See notes following RCW
82.04.332.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Effective dates—1981 c 172: See note following RCW 82.04.240.
Effective date—1971 ex.s. c 186: See note following RCW 82.04.110.
82.04.272
Effective date—1979 ex.s. c 196: See note following RCW 82.04.240.
82.04.272 Tax on warehousing and reselling prescription drugs. (Effective July 1, 2004.) (1) Upon every
person engaging within this state in the business of warehousing and reselling drugs for human use pursuant to a prescription; as to such persons, the amount of the tax shall be
equal to the gross income of the business multiplied by the
rate of 0.138 percent.
(2) For the purposes of this section:
(a) "Prescription" and "drug" have the same meaning as
in RCW 82.08.0281; and
(b) "Warehousing and reselling drugs for human use pursuant to a prescription" means the buying of drugs for human
use pursuant to a prescription from a manufacturer or another
wholesaler, and reselling of the drugs to persons selling at
retail or to hospitals, clinics, health care providers, or other
providers of health care services, by a wholesaler or retailer
who is registered with the federal drug enforcement administration and licensed by the state board of pharmacy. [2003 c
168 § 401; 1998 c 343 § 1.]
Effective dates—Severability—1975 1st ex.s. c 291: See notes following RCW 82.04.050.
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Effective date—1971 ex.s. c 186: See note following RCW 82.04.110.
Effective date—1998 c 343: "This act takes effect July 1, 2001." [1998
c 343 § 6.]
Effective date—1985 c 471: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1985." [1985 c 471 § 18.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Effective dates—1983 1st ex.s. c 55: See note following RCW
82.08.010.
Severability—1982 2nd ex.s. c 13: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 2nd ex.s. c 13 § 2.]
Effective date—1982 2nd ex.s. c 13: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions, and shall take effect
August 1, 1982." [1982 2nd ex.s. c 13 § 3.]
Severability—1982 c 10: See note following RCW 6.13.080.
Effective dates—1981 c 172: See note following RCW 82.04.240.
Low-level waste disposal rate regulation study: RCW 81.04.520.
82.04.270
82.04.270 Tax on wholesalers. (Contingent effective
date.) Upon every person except persons taxable under RCW
82.04.260 (5) or (13), 82.04.298, or 82.04.272 engaging
within this state in the business of making sales at wholesale;
as to such persons the amount of tax with respect to such
business shall be equal to the gross proceeds of sales of such
business multiplied by the rate of 0.484 percent. [2003 2nd
sp.s. c 1 § 5; 2001 1st sp.s. c 9 § 3; (2001 1st sp.s. c 9 § 2
expired July 1, 2001); 1999 c 358 § 2. Prior: 1999 c 358 § 1;
1998 c 343 § 2; 1998 c 329 § 1; 1998 c 312 § 6; 1994 c 124 §
2; 1993 sp.s. c 25 § 105; 1981 c 172 § 4; 1971 ex.s. c 281 § 6;
1971 ex.s. c 186 § 4; 1969 ex.s. c 262 § 37; 1967 ex.s. c 149
§ 11; 1961 c 15 § 82.04.270; prior: 1959 ex.s. c 5 § 3; 1955
c 389 § 47; prior: 1950 ex.s. c 5 § 1, part; 1949 c 228 § 1,
part; 1943 c 156 § 1, part; 1941 c 178 § 1, part; 1939 c 225 §
1, part; 1937 c 227 § 1, part; 1935 c 180 § 4, part; Rem. Supp.
1949 § 8370-4, part.]
Contingent effective date—2003 2nd sp.s. c 1: See RCW 82.32.550.
Finding—2003 2nd sp.s. c 1: See note following RCW 82.04.4461.
Effective dates—2001 1st sp.s. c 9: See note following RCW
82.04.298.
Expiration dates—2001 1st sp.s. c 9: See note following RCW
82.04.290.
Effective date—1999 c 358 § 2: "Section 2 of this act takes effect July
1, 2001." [1999 c 358 § 23.]
Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW
82.04.3651.
Effective date—1998 c 343: See note following RCW 82.04.272.
Effective date—1998 c 329: "This act takes effect July 1, 1998." [1998
c 329 § 2.]
82.04.280
82.04.280 Tax on printers, publishers, highway contractors, extracting or processing for hire, cold storage
warehouse or storage warehouse operation, insurance
general agents, radio and television broadcasting, government contractors—Cold storage warehouse defined—
Storage warehouse defined—Periodical or magazine
defined. (Contingent effective date.) Upon every person
engaging within this state in the business of: (1) Printing, and
of publishing newspapers, periodicals, or magazines; (2)
building, repairing or improving any street, place, road, highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle which is
owned by a municipal corporation or political subdivision of
the state or by the United States and which is used or to be
used, primarily for foot or vehicular traffic including mass
transportation vehicles of any kind and including any readjustment, reconstruction or relocation of the facilities of any
public, private or cooperatively owned utility or railroad in
the course of such building, repairing or improving, the cost
of which readjustment, reconstruction, or relocation, is the
responsibility of the public authority whose street, place,
road, highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle is
being built, repaired or improved; (3) extracting for hire or
processing for hire, except persons taxable as processors for
hire under another section of this chapter; (4) operating a cold
storage warehouse or storage warehouse, but not including
the rental of cold storage lockers; (5) representing and performing services for fire or casualty insurance companies as
an independent resident managing general agent licensed
[2003 RCW Supp—page 1039]
82.04.290
Title 82 RCW: Excise Taxes
82.04.290
under the provisions of RCW 48.05.310; (6) radio and television broadcasting, excluding network, national and regional
advertising computed as a standard deduction based on the
national average thereof as annually reported by the Federal
Communications Commission, or in lieu thereof by itemization by the individual broadcasting station, and excluding that
portion of revenue represented by the out-of-state audience
computed as a ratio to the station's total audience as measured
by the 100 micro-volt signal strength and delivery by wire, if
any; (7) engaging in activities which bring a person within
the definition of consumer contained in RCW 82.04.190(6);
as to such persons, the amount of tax on such business shall
be equal to the gross income of the business multiplied by the
rate of 0.484 percent.
As used in this section, "cold storage warehouse" means
a storage warehouse used to store fresh and/or frozen perishable fruits or vegetables, meat, seafood, dairy products, or
fowl, or any combination thereof, at a desired temperature to
maintain the quality of the product for orderly marketing.
As used in this section, "storage warehouse" means a
building or structure, or any part thereof, in which goods,
wares, or merchandise are received for storage for compensation, except field warehouses, fruit warehouses, fruit packing
plants, warehouses licensed under chapter 22.09 RCW, public garages storing automobiles, railroad freight sheds, docks
and wharves, and "self-storage" or "mini storage" facilities
whereby customers have direct access to individual storage
areas by separate entrance. "Storage warehouse" does not
include a building or structure, or that part of such building or
structure, in which an activity taxable under RCW 82.04.272
is conducted.
As used in this section, "periodical or magazine" means
a printed publication, other than a newspaper, issued regularly at stated intervals at least once every three months,
including any supplement or special edition of the publication. [2003 c 149 § 4; 1998 c 343 § 3; 1994 c 112 § 1; 1993
sp.s. c 25 § 303; 1993 sp.s. c 25 § 106; 1986 c 226 § 2; 1983
c 132 § 1; 1975 1st ex.s. c 90 § 3; 1971 ex.s. c 299 § 5; 1971
ex.s. c 281 § 7; 1970 ex.s. c 8 § 2. Prior: 1969 ex.s. c 262 §
38; 1969 ex.s. c 255 § 5; 1967 ex.s. c 149 § 13; 1963 c 168 §
1; 1961 c 15 § 82.04.280; prior: 1959 ex.s. c 5 § 4; 1959 ex.s.
c 3 § 4; 1955 c 389 § 48; prior: 1950 ex.s. c 5 § 1, part; 1949
c 228 § 1, part; 1943 c 156 § 1, part; 1941 c 178 § 1, part;
1939 c 228 § 1, part; 1937 c 227 § 1, part; 1935 c 180 § 4,
part; Rem. Supp. 1949 § 8370-4, part.]
82.04.290 Tax on international investment management services or other business or service activities. (1)
Upon every person engaging within this state in the business
of providing international investment management services,
as to such persons, the amount of tax with respect to such
business shall be equal to the gross income or gross proceeds
of sales of the business multiplied by a rate of 0.275 percent.
(2) Upon every person engaging within this state in any
business activity other than or in addition to those enumerated in RCW 82.04.230, 82.04.240, 82.04.250, 82.04.255,
82.04.260, 82.04.270, 82.04.298, 82.04.2905, 82.04.280,
82.04.2907, 82.04.272, and 82.04.2906, and subsection (1) of
this section; as to such persons the amount of tax on account
of such activities shall be equal to the gross income of the
business multiplied by the rate of 1.5 percent.
This section includes, among others, and without limiting the scope hereof (whether or not title to materials used in
the performance of such business passes to another by accession, confusion or other than by outright sale), persons
engaged in the business of rendering any type of service
which does not constitute a "sale at retail" or a "sale at wholesale." The value of advertising, demonstration, and promotional supplies and materials furnished to an agent by his
principal or supplier to be used for informational, educational
and promotional purposes shall not be considered a part of
the agent's remuneration or commission and shall not be subject to taxation under this section. [2003 c 343 § 2; 2001 1st
sp.s. c 9 § 6; (2001 1st sp.s. c 9 § 4 expired July 1, 2001).
Prior: 1998 c 343 § 4; 1998 c 331 § 2; 1998 c 312 § 8; 1998
c 308 § 5; 1998 c 308 § 4; 1997 c 7 § 2; 1996 c 1 § 2; 1995 c
229 § 3; 1993 sp.s. c 25 § 203; 1985 c 32 § 3; 1983 2nd ex.s.
c 3 § 2; 1983 c 9 § 2; 1983 c 3 § 212; 1971 ex.s. c 281 § 8;
1970 ex.s. c 65 § 4; 1969 ex.s. c 262 § 39; 1967 ex.s. c 149 §
14; 1963 ex.s. c 28 § 2; 1961 c 15 § 82.04.290; prior: 1959
ex.s. c 5 § 5; 1955 c 389 § 49; prior: 1953 c 195 § 2; 1950
ex.s. c 5 § 1, part; 1949 c 228 § 1, part; 1943 c 156 § 1, part;
1941 c 178 § 1, part; 1939 c 225 § 1, part; 1937 c 227 § 1,
part; 1935 c 180 § 4, part; Rem. Supp. 1949 § 8370-4, part.]
Contingent effective date—Findings—Intent—2003 c 149: See
notes following RCW 82.04.426.
Effective date—1998 c 331: See note following RCW 82.04.2907.
Effective date—1998 c 343: See note following RCW 82.04.272.
Retroactive application—1994 c 112 § 1: "Section 1 of this act shall
apply retroactively to July 1, 1993." [1994 c 112 § 5.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Expiration dates—2001 1st sp.s. c 9: "(1) Sections 2 and 4 of this act
expire July 1, 2001.
(2) Section 5 of this act expires July 1, 2003.
(3) Section 8 of this act expires July 22, 2001." [2001 1st sp.s. c 9 §
10.]
Effective dates—2001 1st sp.s. c 9: See note following RCW
82.04.298.
Effective date—1998 c 343: See note following RCW 82.04.272.
Effective date—Savings—1998 c 312: See notes following RCW
82.04.332.
Effective dates—1998 c 308: See note following RCW 82.04.050.
Savings—Effective date—1997 c 7: See notes following RCW
82.04.255.
Effective date—1996 c 1: See note following RCW 82.04.255.
Effective date—1986 c 226: See note following RCW 82.16.010.
Effective date—1995 c 229: See note following RCW 82.04.293.
Application to preexisting contracts—1975 1st ex.s. c 90: See note
following RCW 82.12.010.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Effective date—1975 1st ex.s. c 90: See note following RCW
82.04.050.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Effective dates—Severability—1971 ex.s. c 299: See notes following
RCW 82.04.050.
Construction—Severability—Effective date—1983 c 9: See notes
following RCW 82.04.255.
[2003 RCW Supp—page 1040]
Business and Occupation Tax
82.04.426
82.04.29001
82.04.29001 Creation and distribution of custom
software—Customization of prewritten computer software—Taxable services. (Effective July 1, 2004.) (1) The
creation and distribution of custom software is a service taxable under RCW 82.04.290(2). Duplication of the software
for the same person, or by the same person for its own use,
does not change the character of the software.
(2) The customization of prewritten computer software
is a service taxable under RCW 82.04.290(2). [2003 c 168 §
602; 1998 c 332 § 4.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Findings—Intent—1998 c 332: "The legislature finds that the creation
and customization of software is an area not fully addressed in our excise tax
statutes, and that certainty of tax treatment is essential to the industry and
consumers. Therefore, the intent of this act is to make the tax treatment of
software clear and certain for developers, programmers, and consumers."
[1998 c 332 § 1.]
Effective date—1998 c 332: "This act takes effect July 1, 1998." [1998
c 332 § 9.]
82.04.2906
82.04.2906 Tax on certain chemical dependency services. (1) Upon every person engaging within this state in the
business of providing intensive inpatient or recovery house
residential treatment services for chemical dependency, certified by the department of social and health services, for
which payment from the United States or any instrumentality
thereof or from the state of Washington or any municipal corporation or political subdivision thereof is received as compensation for or to support those services; as to such persons
the amount of tax with respect to such business shall be equal
to the gross income from such services multiplied by the rate
of 0.484 percent.
(2) If the persons described in subsection (1) of this section receive income from sources other than those described
in subsection (1) of this section or provide services other than
those named in subsection (1) of this section, that income and
those services are subject to tax as otherwise provided in this
chapter. [2003 c 343 § 1.]
82.04.424
82.04.424 Exemptions—Certain in-state activities.
(Contingent expiration date.) (1) This chapter does not
apply to a person making sales in Washington if:
(a) The person's activities in this state, whether conducted directly or through another person, are limited to:
(i) The storage, dissemination, or display of advertising;
(ii) The taking of orders; or
(iii) The processing of payments; and
(b) The activities are conducted electronically via a web
site on a server or other computer equipment located in
Washington that is not owned or operated by the person making sales into this state nor owned or operated by an affiliated
person. For purposes of this section, persons are "affiliated
persons" with respect to each other where one of the persons
has an ownership interest of more than five percent, whether
direct or indirect, in the other, or where an ownership interest
of more than five percent, whether direct or indirect, is held
in each of the persons by another person or by a group of
other persons which are affiliated with respect to each other.
(2) This section expires when: (a) The United States
congress grants individual states the authority to impose sales
and use tax collection duties on remote sellers; or (b) it is
determined by a court of competent jurisdiction, in a judgment not subject to review, that a state can impose sales and
use tax collection duties on remote sellers. [2003 c 76 § 2.]
Intent—2003 c 76: "It is the intent of the legislature to exempt from
business and occupation tax and to relieve from the obligation to collect sales
and use tax from certain sellers with very limited connections to Washington. These sellers are currently relieved from the obligation to collect sales
and use tax because of the provisions of the federal internet tax freedom act.
The legislature intends to continue to relieve these particular sellers from that
obligation in the event that the federal internet tax freedom act is not
extended. The legislature further intends that any relief from tax obligations
provided by this act expire at such time as the United States congress grants
individual states the authority to impose sales and use tax collection duties
on remote sellers, or a court of competent jurisdiction, in a judgment not subject to review, determines that a state can impose sales and use tax collection
duties on remote sellers." [2003 c 76 § 1.]
82.04.426
82.04.426 Exemptions—Semiconductor microchips.
(Contingent effective date; contingent expiration date.) (1)
The tax imposed by RCW 82.04.240(2) does not apply to any
person in respect to the manufacturing of semiconductor
microchips.
(2) For the purposes of this section:
(a) "Manufacturing semiconductor microchips" means
taking raw polished semiconductor wafers and embedding
integrated circuits on the wafers using processes such as
masking, etching, and diffusion; and
(b) "Integrated circuit" means a set of microminiaturized, electronic circuits.
(3) This section expires nine years after *the effective
date of this act. [2003 c 149 § 2.]
*Contingent effective date—2003 c 149: "(1)(a) This act is contingent
upon the siting and commercial operation of a significant semiconductor
microchip fabrication facility in the state of Washington.
(b) For the purposes of this section:
(i) "Commercial operation" means the same as "commencement of
commercial production" as used in RCW 82.08.965.
(ii) "Semiconductor microchip fabrication" means "manufacturing
semiconductor microchips" as defined in RCW 82.04.426.
(iii) "Significant" means the combined investment of new buildings
and new machinery and equipment in the buildings, at the commencement of
commercial production, will be at least one billion dollars.
(2) This act takes effect the first day of the month in which a contract
for the construction of a significant semiconductor fabrication facility is
signed, as determined by the director of the department of revenue.
(3)(a) The department of revenue shall provide notice of the effective
date of this act to affected taxpayers, the legislature, and others as deemed
appropriate by the department.
(b) If, after making a determination that a contract has been signed and
this act is effective, the department discovers that commencement of commercial production did not take place within three years of the date the contract was signed, the department shall make a determination that this act is no
longer effective, and all taxes that would have been otherwise due shall be
deemed deferred taxes and are immediately assessed and payable from any
person reporting tax under RCW 82.04.240(2) or claiming an exemption or
credit under section 2 or 5 through 10 of this act. The department is not
authorized to make a second determination regarding the effective date of
this act." [2003 c 149 § 12.]
Findings—Intent—2003 c 149: "The legislature finds that the welfare
of the people of the state of Washington is positively impacted through the
encouragement and expansion of family wage employment in the state's
manufacturing industries. The legislature further finds that targeting tax
incentives to focus on key industry clusters is an important business climate
strategy. The Washington competitiveness council has recognized the semiconductor industry, which includes the design and manufacture of semiconductor materials, as one of the state's existing key industry clusters. Businesses in this cluster in the state of Washington are facing increasing pressure to expand elsewhere. The sales and use tax exemptions for
manufacturing machinery and equipment enacted by the 1995 legislature
improved Washington's ability to compete with other states for manufactur[2003 RCW Supp—page 1041]
82.04.4289
Title 82 RCW: Excise Taxes
ing investment. However, additional incentives for the semiconductor cluster need to be put in place in recognition of the unique forces and global
issues involved in business decisions that key businesses in this cluster face.
Therefore, the legislature intends to enact comprehensive tax incentives for the semiconductor cluster that address activities of the lead product
industry and its suppliers and customers. Tax incentives for the semiconductor cluster are important in both retention and expansion of existing business
and attraction of new businesses, all of which will strengthen this cluster.
The legislature also recognizes that the semiconductor industry involves
major investment that results in significant construction projects, which will
create jobs and bring many indirect benefits to the state during the construction phase." [2003 c 149 § 1.]
82.04.4289
82.04.4289 Exemption—Compensation for patient
services or attendant sales of drugs dispensed pursuant to
prescription by certain nonprofit organizations. (Effective July 1, 2004.) This chapter does not apply to amounts
derived as compensation for services rendered to patients or
from sales of drugs for human use pursuant to a prescription
furnished as an integral part of services rendered to patients
by a kidney dialysis facility operated as a nonprofit corporation, a nonprofit hospice agency licensed under chapter
70.127 RCW, and nursing homes and homes for unwed
mothers operated as religious or charitable organizations, but
only if no part of the net earnings received by such an institution inures directly or indirectly, to any person other than the
institution entitled to deduction hereunder. "Prescription"
and "drug" have the same meaning as in RCW 82.08.0281.
[2003 c 168 § 402; 1998 c 325 § 1; 1993 c 492 § 305; 1981 c
178 § 2; 1980 c 37 § 10. Formerly RCW 82.04.430(9).]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Intent—1980 c 37: See note following RCW 82.04.4281.
82.04.4334
82.04.4334 Deductions—Sale or distribution of
biodiesel or alcohol fuels. (Expires July 1, 2009.) (1) In
computing tax there may be deducted from the measure of tax
amounts received from the retail sale, or for the distribution,
of:
(a) Biodiesel fuel; or
(b) Alcohol fuel, if the alcohol fuel is at least eighty-five
percent of the volume of the fuel being sold or distributed.
(2) For the purposes of this section and RCW 82.08.955
and 82.12.955, the following definitions apply:
(a) "Biodiesel fuel" means a mono alkyl ester of long
chain fatty acids derived from vegetable oils or animal fats
for use in compression-ignition engines and that meets the
requirements of the American society of testing and materials
specification D 6751 in effect as of January 1, 2003.
(b) "Alcohol fuel" means any alcohol made from a product other than petroleum or natural gas, which is used alone
or in combination with gasoline or other petroleum products
for use as a fuel for motor vehicles, farm implements and
machines, or implements of husbandry.
(c) "Distribution" means any of the actions specified in
RCW 82.36.020(2).
(3) This section expires July 1, 2009. [2003 c 63 § 1.]
Effective date—2003 c 63: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state gov[2003 RCW Supp—page 1042]
ernment and its existing public institutions, and takes effect July 1, 2003."
[2003 c 63 § 4.]
82.04.4335
82.04.4335 Deductions—Sale or distribution of wood
biomass fuel. (Expires July 1, 2009.) (1) In computing tax
there may be deducted from the measure of tax amounts
received from the retail sale, or for the distribution, of wood
biomass fuel.
(2) For the purposes of this act [section], the following
definitions apply:
(a) "Wood biomass fuel" means a pyrolytic liquid fuel or
synthesis gas-derived liquid fuel, used in internal combustion
engines, and produced from wood, forest, or field residue, or
dedicated energy crops that do not include wood pieces that
have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chroma-arsenic.
(b) "Distribution" means any of the actions specified in
RCW 82.36.020(2).
(3) This section expires July 1, 2009. [2003 c 339 § 12.]
Effective dates—2003 c 339: See note following RCW 82.69.030.
82.04.440
82.04.440 Persons taxable on multiple activities—
Credits. (Contingent effective date.) (1) Every person
engaged in activities which are within the purview of the provisions of two or more of sections RCW 82.04.230 to
82.04.290, inclusive, shall be taxable under each paragraph
applicable to the activities engaged in.
(2) Persons taxable under RCW 82.04.250, 82.04.270, or
82.04.260 (4) or (13) with respect to selling products in this
state shall be allowed a credit against those taxes for any (a)
manufacturing taxes paid with respect to the manufacturing
of products so sold in this state, and/or (b) extracting taxes
paid with respect to the extracting of products so sold in this
state or ingredients of products so sold in this state. Extracting taxes taken as credit under subsection (3) of this section
may also be taken under this subsection, if otherwise allowable under this subsection. The amount of the credit shall not
exceed the tax liability arising under this chapter with respect
to the sale of those products.
(3) Persons taxable under RCW 82.04.240 or
82.04.260(1)(b) shall be allowed a credit against those taxes
for any extracting taxes paid with respect to extracting the
ingredients of the products so manufactured in this state. The
amount of the credit shall not exceed the tax liability arising
under this chapter with respect to the manufacturing of those
products.
(4) Persons taxable under RCW 82.04.230, 82.04.240, or
82.04.260 (1), (2), (4), (6), or (13) with respect to extracting
or manufacturing products in this state shall be allowed a
credit against those taxes for any (i) gross receipts taxes paid
to another state with respect to the sales of the products so
extracted or manufactured in this state, (ii) manufacturing
taxes paid with respect to the manufacturing of products
using ingredients so extracted in this state, or (iii) manufacturing taxes paid with respect to manufacturing activities
completed in another state for products so manufactured in
this state. The amount of the credit shall not exceed the tax
liability arising under this chapter with respect to the extraction or manufacturing of those products.
(5) For the purpose of this section:
(a) "Gross receipts tax" means a tax:
Business and Occupation Tax
(i) Which is imposed on or measured by the gross volume of business, in terms of gross receipts or in other terms,
and in the determination of which the deductions allowed
would not constitute the tax an income tax or value added tax;
and
(ii) Which is also not, pursuant to law or custom, separately stated from the sales price.
(b) "State" means (i) the state of Washington, (ii) a state
of the United States other than Washington, or any political
subdivision of such other state, (iii) the District of Columbia,
and (iv) any foreign country or political subdivision thereof.
(c) "Manufacturing tax" means a gross receipts tax
imposed on the act or privilege of engaging in business as a
manufacturer, and includes (i) the taxes imposed in RCW
82.04.240 and 82.04.260 (1), (2), (4), and (13), and (ii) similar gross receipts taxes paid to other states.
(d) "Extracting tax" means a gross receipts tax imposed
on the act or privilege of engaging in business as an extractor,
and includes the tax imposed in RCW 82.04.230 and similar
gross receipts taxes paid to other states.
(e) "Business", "manufacturer", "extractor", and other
terms used in this section have the meanings given in RCW
82.04.020 through 82.04.212, notwithstanding the use of
those terms in the context of describing taxes imposed by
other states. [2003 2nd sp.s. c 1 § 6; 1998 c 312 § 9; 1994 c
124 § 4; 1987 2nd ex.s. c 3 § 2; 1985 c 190 § 1; 1981 c 172 §
5; 1967 ex.s. c 149 § 16; 1965 ex.s. c 173 § 12; 1961 c 15 §
82.04.440. Prior: 1959 c 211 § 3; 1951 1st ex.s. c 9 § 1; 1950
ex.s. c 5 § 2; 1949 c 228 § 2-A; 1943 c 156 § 3; 1941 c 178 §
3; 1939 c 225 § 3; 1937 c 227 § 3; 1935 c 180 § 6; Rem. Supp.
1949 § 8370-6.]
Contingent effective date—2003 2nd sp.s. c 1: See RCW 82.32.550.
Finding—2003 2nd sp.s. c 1: See note following RCW 82.04.4461.
Effective date—Savings—1998 c 312: See notes following RCW
82.04.332.
Retroactive application—1994 c 124: "Except as otherwise provided
in section 6 of this act, section 4 of this act applies retrospectively to all tax
reporting periods on or after June 23, 1987." [1994 c 124 § 7.]
Legislative findings and intent—1987 2nd ex.s. c 3: "The legislature
finds that the invalidation of the multiple activities exemption contained in
RCW 82.04.440 by the United States Supreme Court now requires adjustments to the state's business and occupation tax to achieve constitutional
equality between Washington taxpayers who have conducted and will continue to conduct business in interstate and intrastate commerce. It is the
intent of chapter 3, Laws of 1987 2nd ex. sess. and sections 4 through 7 of
this act to preserve the integrity of Washington's business and occupation tax
system and impose only that financial burden upon the state necessary to
establish parity in taxation between such taxpayers.
Thus, chapter 3, Laws of 1987 2nd ex. sess. and sections 4 through 7 of
this act extends [extend] the system of credits originated in RCW 82.04.440
in 1985 to provide for equal treatment of taxpayers engaging in extracting,
manufacturing or selling regardless of the location in which any of such
activities occurs. It is further intended that RCW 82.04.440, as amended by
section 2, chapter 3, Laws of 1987 2nd ex. sess. and sections 4 through 7 of
this act, shall be construed and applied in a manner that will eliminate unconstitutional discrimination between taxpayers and ensure the preservation and
collection of revenues from the conduct of multiple activities in which taxpayers in this state may engage." [1994 c 124 § 5; 1987 2nd ex.s. c 3 § 1.]
Application to prior reporting periods—1987 2nd ex.s. c 3: "If it is
determined by a court of competent jurisdiction, in a judgment not subject to
review, that relief is appropriate for any tax reporting periods before August
11, 1987, in respect to RCW 82.04.440 as it existed before August 11, 1987,
it is the intent of the legislature that the credits provided in RCW 82.04.440
as amended by section 2, chapter 3, Laws of 1987 2nd ex. sess. and section 4
of this act shall be applied to such reporting periods and that relief for such
82.04.4461
periods be limited to the granting of such credits." [1994 c 124 § 6; 1987 2nd
ex.s. c 3 § 3.]
Severability—1987 2nd ex.s. c 3: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 2nd ex.s. c 3 § 4.]
Severability—1985 c 190: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 190 § 8.]
Effective dates—1981 c 172: See note following RCW 82.04.240.
82.04.4453
82.04.4453 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
82.04.4454
82.04.4454 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
82.04.4461
82.04.4461 Credit—Preproduction development
spending. (Contingent effective date; expires July 1, 2024.)
(1)(a) In computing the tax imposed under this chapter, a
credit is allowed for each person for preproduction development spending occurring after *the effective date of this act.
(b) Before July 1, 2005, any credits earned under this
section must be accrued and carried forward and may not be
used until July 1, 2005. These carryover credits may be used
at any time thereafter, and may be carried over until used.
Refunds may not be granted in the place of a credit.
(2) The credit is equal to the amount of qualified preproduction development expenditures of a person, multiplied by
the rate of 1.5 percent.
(3) Except as provided in subsection (1)(b) of this section the credit shall be taken against taxes due for the same
calendar year in which the qualified preproduction development expenditures are incurred. Credit earned on or after
July 1, 2005, may not be carried over. The credit for each calendar year shall not exceed the amount of tax otherwise due
under this chapter for the calendar year. Refunds may not be
granted in the place of a credit.
(4) Any person claiming the credit shall file an affidavit
form prescribed by the department that shall include the
amount of the credit claimed, an estimate of the anticipated
preproduction development expenditures during the calendar
year for which the credit is claimed, an estimate of the taxable
amount during the calendar year for which the credit is
claimed, and such additional information as the department
may prescribe.
(5) The definitions in this subsection apply throughout
this section.
(a) "Aeronautics" means the study of flight and the science of building and operating commercial aircraft.
(b) "Person" means a person as defined in RCW
82.04.030, who is a manufacturer or processor for hire of
commercial airplanes, or components of such airplanes, as
those terms are defined in RCW 82.32.550.
(c) "Preproduction development" means research,
design, and engineering activities performed in relation to the
development of a product, product line, model, or model
derivative, including prototype development, testing, and
certification. The term includes the discovery of technological information, the translating of technological information
into new or improved products, processes, techniques, for[2003 RCW Supp—page 1043]
82.04.4462
Title 82 RCW: Excise Taxes
mulas, or inventions, and the adaptation of existing products
and models into new products or new models, or derivatives
of products or models. The term does not include manufacturing activities or other production-oriented activities, however the term does include tool design and engineering design
for the manufacturing process. The term does not include
surveys and studies, social science and humanities research,
market research or testing, quality control, sale promotion
and service, computer software developed for internal use,
and research in areas such as improved style, taste, and seasonal design.
(d) "Preproduction development spending" means qualified preproduction development expenditures plus eighty
percent of amounts paid to a person other than a public educational or research institution to conduct qualified preproduction development.
(e) "Qualified preproduction development" means preproduction development performed within this state in the
field of aeronautics.
(f) "Qualified preproduction development expenditures"
means operating expenses, including wages, compensation of
a proprietor or a partner in a partnership as determined by the
department, benefits, supplies, and computer expenses,
directly incurred in qualified preproduction development by a
person claiming the credit provided in this section. The term
does not include amounts paid to a person other than a public
educational or research institution to conduct qualified preproduction development. The term does not include capital
costs and overhead, such as expenses for land, structures, or
depreciable property.
(g) "Taxable amount" means the taxable amount subject
to the tax imposed in this chapter required to be reported on
the person's tax returns during the year in which the credit is
claimed, less any taxable amount for which a credit is
allowed under RCW 82.04.440.
(6) In addition to all other requirements under this title, a
person taking the credit under this section must report as
required under RCW 82.32.545.
(7) Credit may not be claimed for expenditures for which
a credit is claimed under RCW 82.04.4452.
(8) This section expires July 1, 2024. [2003 2nd sp.s. c 1
§ 7.]
*Reviser's note: See RCW 82.32.550 for determination of effective
date.
Finding—2003 2nd sp.s. c 1: "The legislature finds that the people of
the state have benefited from the presence of the aerospace industry in Washington state. The aerospace industry provides good wages and benefits for
the thousands of engineers, mechanics, and support staff working directly in
the industry throughout the state. The suppliers and vendors that support the
aerospace industry in turn provide a range of jobs. The legislature declares
that it is in the public interest to encourage the continued presence of this
industry through the provision of tax incentives. The comprehensive tax
incentives in this act address the cost of doing business in Washington state
compared to locations in other states." [2003 2nd sp.s. c 1 § 1.]
Contingent effective date—2003 2nd sp.s. c 1: See RCW 82.32.550.
82.04.4462
82.04.4462 Credit—Investment in design and preproduction development computer software and hardware. (Contingent effective date; expires July 1, 2024.) (1)
In computing the tax imposed under this chapter, a credit is
allowed for the investment related to design and preproduction development computer software and hardware acquired
[2003 RCW Supp—page 1044]
between July 1, 1995, and *the effective date of this act, and
used by an eligible person primarily for the digital design and
development of commercial airplanes. The credit shall be
equal to the purchase price of such property, multiplied by
8.44 percent. Credit taken in any one calendar year may not
exceed ten million dollars, and total lifetime credit taken
under this section by any one person may not exceed twenty
million dollars. Credit may be carried over until used.
(2) The definitions in this subsection apply throughout
this section.
(a) "Commercial airplane" has the meaning given in
RCW 82.32.550.
(b) "Design and preproduction development computer
software and hardware" means computer-aided three-dimensional interactive applications and other solid modeling computer technology that allow for electronic design and testing
during product development.
(c) "Eligible person" means a person as defined in RCW
82.04.030, who is a manufacturer of commercial airplanes.
(3) An application must be made to the department
before taking the credit under this section. The application
shall be made to the department in a form and manner prescribed by the department. The application shall contain
information regarding the uses of the computer software and
hardware, purchase price, dates of acquisition, and other
information required by the department. The department
shall rule on the application within sixty days. All applications must be received by the department within one year of
*the effective date of this act.
(4) This section expires July 1, 2024. [2003 2nd sp.s. c 1
§ 8.]
*Reviser's note: See RCW 82.32.550 for determination of effective
date.
Contingent effective date—2003 2nd sp.s. c 1: See RCW 82.32.550.
Finding—2003 2nd sp.s. c 1: See note following RCW 82.04.4461.
82.04.4463
82.04.4463 Credit—Property taxes paid on property
used for manufacture of commercial airplanes. (Contingent effective date; expires July 1, 2024.) (1) In computing
the tax imposed under this chapter, a credit is allowed for
property taxes paid during the calendar year.
(2) The credit is equal to:
(a)(i) Property taxes paid on new buildings, and land
upon which this property is located, built after *the effective
date of this act, and used in manufacturing commercial airplanes or components of such airplanes; or
(ii) Property taxes attributable to an increase in assessed
value due to the renovation or expansion, after *the effective
date of this act, of a building used in manufacturing commercial airplanes or components of such airplanes; and
(b) Property taxes paid on machinery and equipment
exempt under RCW 82.08.02565 or 82.12.02565 used in
manufacturing commercial airplanes or components of such
airplanes and acquired after *the effective date of this act.
(3) For the purposes of this section, "commercial passenger airplane" and "component" have the meanings given in
RCW 82.32.550.
(4) A person taking the credit under this section is subject to all the requirements of chapter 82.32 RCW. In addition, the person must report as required under RCW
82.32.545. A credit earned during one calendar year may be
Business and Occupation Tax
82.04.470
*Reviser's note: See RCW 82.32.550 for determination of effective
date.
tax credit was taken, and shall accrue until the taxes for which
a credit has been used are repaid.
(5) A person taking the credit under this section must
report under RCW 82.32.535.
(6) Credits may be taken after twelve years after *the
effective date of this act, for those buildings at which commercial production began before twelve years after *the
effective date of this act, subject to all of the eligibility criteria and limitations of this section.
(7) This section expires twelve years after *the effective
date of this act. [2003 c 149 § 9.]
Contingent effective date—2003 2nd sp.s. c 1: See RCW 82.32.550.
Finding—2003 2nd sp.s. c 1: See note following RCW 82.04.4461.
*Contingent effective date—Findings—Intent—2003 c 149: See
notes following RCW 82.04.426.
carried over to be credited against taxes incurred in a subsequent calendar year, but may not be carried over a second
year. No refunds may be granted for credits under this section.
(5) In addition to all other requirements under this title, a
person taking the credit under this section must report as
required under RCW 82.32.545.
(6) This section expires July 1, 2024. [2003 2nd sp.s. c 1
§ 15.]
82.04.448
82.04.448 Credit—Manufacturing semiconductor
materials. (Contingent effective date; contingent expiration date.) (1) Subject to the limits and provisions of this section, a credit is authorized against the tax otherwise due under
RCW 82.04.240(2) for persons engaged in the business of
manufacturing semiconductor materials. For the purposes of
this section "semiconductor materials" has the same meaning
as provided in RCW 82.04.240(2).
(2)(a) The credit under this section shall equal three
thousand dollars for each employment position used in manufacturing production that takes place in a new building
exempt from sales and use tax under RCW 82.08.965 and
82.12.965. A credit is earned for the calendar year a person
fills a position. Additionally a credit is earned for each year
the position is maintained over the subsequent consecutive
years, up to eight years. Those positions that are not filled for
the entire year are eligible for fifty percent of the credit if
filled less than six months, and the entire credit if filled more
than six months.
(b) To qualify for the credit, the manufacturing activity
of the person must be conducted at a new building that qualifies for the exemption from sales and use tax under RCW
82.08.965 and 82.12.965.
(c) In those situations where a production building in
existence on *the effective date of this section will be phased
out of operation, during which time employment at the new
building at the same site is increased, the person is eligible for
credit for employment at the existing building and new building, with the limitation that the combined eligible employment not exceed full employment at the new building. "Full
employment" has the same meaning as in RCW 82.08.965.
The credit may not be earned until the commencement of
commercial production, as that term is used in RCW
82.08.965.
(3) No application is necessary for the tax credit. The
person is subject to all of the requirements of chapter 82.32
RCW. In no case may a credit earned during one calendar
year be carried over to be credited against taxes incurred in a
subsequent calendar year. No refunds may be granted for
credits under this section.
(4) If at any time the department finds that a person is not
eligible for tax credit under this section, the amount of taxes
for which a credit has been claimed shall be immediately due.
The department shall assess interest, but not penalties, on the
taxes for which the person is not eligible. The interest shall
be assessed at the rate provided for delinquent excise taxes
under chapter 82.32 RCW, shall be retroactive to the date the
82.04.470
82.04.470 Resale certificate—Burden of proof—Tax
liability—Rules—Resale certificate defined. (Effective
July 1, 2004.) (1) Unless a seller has taken from the buyer a
resale certificate, the burden of proving that a sale of tangible
personal property, or of services, was not a sale at retail shall
be upon the person who made it.
(2) If a seller does not receive a resale certificate at the
time of the sale, have a resale certificate on file at the time of
the sale, or obtain a resale certificate from the buyer within a
reasonable time after the sale, the seller shall remain liable
for the tax as provided in RCW 82.08.050, unless the seller
can demonstrate facts and circumstances according to rules
adopted by the department of revenue that show the sale was
properly made without payment of sales tax.
(3) Resale certificates shall be valid for a period of four
years from the date the certificate is provided to the seller.
(4) The department may provide by rule for suggested
forms for resale certificates or equivalent documents containing the information that will be accepted as resale certificates.
The department shall provide by rule the categories of items
or services that must be specified on resale certificates and
the business classifications that may use a blanket resale certificate.
(5) As used in this section, "resale certificate" means
documentation provided by a buyer to a seller stating that the
purchase is for resale in the regular course of business, or that
the buyer is exempt from retail sales tax, and containing the
following information:
(a) The name and address of the buyer;
(b) The uniform business identifier or revenue registration number of the buyer, if the buyer is required to be registered;
(c) The type of business engaged in;
(d) The categories of items or services to be purchased
for resale or that are exempt, unless the buyer is in a business
classification that may present a blanket resale certificate as
provided by the department by rule;
(e) The date on which the certificate was provided;
(f) A statement that the items or services purchased
either: (i) Are purchased for resale in the regular course of
business; or (ii) are exempt from tax pursuant to statute;
(g) A statement that the buyer acknowledges that the
buyer is solely responsible for purchasing within the categories specified on the certificate and that misuse of the resale
or exemption privilege claimed on the certificate subjects the
buyer to a penalty of fifty percent of the tax due, in addition
to the tax, interest, and any other penalties imposed by law;
[2003 RCW Supp—page 1045]
82.04.530
Title 82 RCW: Excise Taxes
(h) The name of the individual authorized to sign the certificate, printed in a legible fashion;
(i) The signature of the authorized individual; and
(j) The name of the seller.
(6) Subsection (5)(h), (i), and (j) of this section does not
apply if the certificate is provided in a format other than
paper. If the certificate is provided in a format other than
paper, the name of the individual providing the certificate
must be included in the certificate. [2003 c 168 § 204; 1993
sp.s. c 25 § 701; 1983 2nd ex.s. c 3 § 29; 1975 1st ex.s. c 278
§ 43; 1961 c 15 § 82.04.470. Prior: 1935 c 180 § 9; RRS §
8370-9.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
82.08.945
82.08.950
82.08.955
82.08.960
82.08.965
82.08.970
82.08.975
82.08.980
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
82.08.010
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Resale certificates: RCW 82.08.130 and 82.32.291.
82.04.530
82.04.530 Gross proceeds of sales calculation for telephone business. (Contingent expiration date.)
Contingency—Court judgment—2002 c 67: "(1) If a court of competent jurisdiction enters a final judgment on the merits that is based on federal
or state law, is no longer subject to appeal, and substantially limits or impairs
the essential elements of P.L. 106-252, 4 U.S.C. Secs. 116 through 126, or
chapter 67, Laws of 2002, then chapter 67, Laws of 2002 is null and void in
its entirety.
(2) If the contingency in subsection (1) of this section occurs, section
502, chapter 168, Laws of 2003 is null and void." [2003 c 168 § 902; 2002
c 67 § 18.]
Chapter 82.08
Chapter 82.08 RCW
RETAIL SALES TAX
Sections
82.08.010
82.08.020
82.08.02566
82.08.0273
82.08.0281
82.08.0283
82.08.0293
82.08.037
82.08.050
82.08.050
82.08.054
82.08.064
82.08.064
82.08.150
82.08.925
82.08.935
82.08.940
Definitions. (Effective July 1, 2004.)
Tax imposed—Retail sales—Retail car rental.
Exemptions—Sales of tangible personal property incorporated in prototype for parts, auxiliary equipment, and aircraft modification—Limitations on yearly exemption.
(Effective July 1, 2004.)
Exemptions—Sales to nonresidents of tangible personal
property for use outside the state—Proof of nonresident
status—Penalties. (Effective July 1, 2004.)
Exemptions—Sales of certain drugs or family planning
devices. (Effective July 1, 2004.)
Exemptions—Certain medical items. (Effective July 1,
2004.)
Exemptions—Sales of food and food ingredients. (Effective
January 1, 2004.)
Credits and refunds for bad debts. (Effective July 1, 2004.)
Buyer to pay, seller to collect tax—Statement of tax—Exception—Penalties—Contingent expiration of subsection.
(Effective until July 1, 2004.)
Buyer to pay, seller to collect tax—Statement of tax—Exception—Penalties—Contingent expiration of subsection.
(Effective July 1, 2004.)
Computation of tax due. (Effective July 1, 2004.)
Tax rate changes. (Effective until July 1, 2004.)
Tax rate changes. (Effective July 1, 2004.)
Tax on certain sales of intoxicating liquors—Additional
taxes for specific purposes—Collection.
Exemptions—Dietary supplements. (Effective January 1,
2004.)
Exemptions—Disposable devices used to deliver prescription drugs for human use. (Effective July 1, 2004.)
Exemptions—Over-the-counter drugs for human use. (Effective July 1, 2004.)
[2003 RCW Supp—page 1046]
Exemptions—Kidney dialysis devices. (Effective July 1,
2004.)
Exemptions—Steam, electricity, electrical energy. (Effective
July 1, 2004.)
Exemptions—Sales of machinery, equipment, vehicles, and
services related to biodiesel or alcohol fuel blend.
(Expires July 1, 2009.)
Sales of machinery, equipment, vehicles, and services related
to wood biomass fuel blend. (Expires July 1, 2009.)
Exemptions—Semiconductor materials manufacturing.
(Contingent effective date; contingent expiration date.)
Exemptions—Gases and chemicals used to manufacture
semiconductor materials. (Contingent effective date; contingent expiration date.)
Exemptions—Computer parts and software related to the
manufacture of commercial airplanes. (Contingent effective date; expires July 1, 2024.)
Exemptions—Labor, services, and personal property related
to the manufacture of superefficient airplanes. (Contingent effective date; expires July 1, 2024.)
82.08.010 Definitions. (Effective July 1, 2004.) For
the purposes of this chapter:
(1) "Selling price" includes "sales price." "Sales price"
means the total amount of consideration, except trade-in
property of like kind, including cash, credit, property, and
services, for which tangible personal property or services
defined as a "retail sale" under RCW 82.04.050 are sold,
leased, or rented, valued in money, whether received in
money or otherwise. No deduction from the total amount of
consideration is allowed for the following: (a) The seller's
cost of the property sold; (b) the cost of materials used, labor
or service cost, interest, losses, all costs of transportation to
the seller, all taxes imposed on the seller, and any other
expense of the seller; (c) charges by the seller for any services
necessary to complete the sale, other than delivery and installation charges; (d) delivery charges; (e) installation charges;
and (f) the value of exempt tangible personal property given
to the purchaser where taxable and exempt tangible personal
property have been bundled together and sold by the seller as
a single product or piece of merchandise.
When tangible personal property is rented or leased
under circumstances that the consideration paid does not represent a reasonable rental for the use of the articles so rented
or leased, the "selling price" shall be determined as nearly as
possible according to the value of such use at the places of
use of similar products of like quality and character under
such rules as the department may prescribe.
"Selling price" or "sales price" does not include: Discounts, including cash, term, or coupons that are not reimbursed by a third party that are allowed by a seller and taken
by a purchaser on a sale; interest, financing, and carrying
charges from credit extended on the sale of tangible personal
property or services, if the amount is separately stated on the
invoice, bill of sale, or similar document given to the purchaser; and any taxes legally imposed directly on the consumer that are separately stated on the invoice, bill of sale, or
similar document given to the purchaser;
(2) "Seller" means every person, including the state and
its departments and institutions, making sales at retail or
retail sales to a buyer, purchaser, or consumer, whether as
agent, broker, or principal, except "seller" does not mean the
state and its departments and institutions when making sales
to the state and its departments and institutions;
(3) "Buyer," "purchaser," and "consumer" include, without limiting the scope hereof, every individual, receiver,
Retail Sales Tax
assignee, trustee in bankruptcy, trust, estate, firm, copartnership, joint venture, club, company, joint stock company, business trust, corporation, association, society, or any group of
individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise, municipal corporation, quasi
municipal corporation, and also the state, its departments and
institutions and all political subdivisions thereof, irrespective
of the nature of the activities engaged in or functions performed, and also the United States or any instrumentality
thereof;
(4) "Delivery charges" means charges by the seller of
personal property or services for preparation and delivery to
a location designated by the purchaser of personal property or
services including, but not limited to, transportation, shipping, postage, handling, crating, and packing;
(5) The meaning attributed in chapter 82.04 RCW to the
terms "tax year," "taxable year," "person," "company,"
"sale," "sale at retail," "retail sale," "sale at wholesale,"
"wholesale," "business," "engaging in business," "cash discount," "successor," "consumer," "in this state" and "within
this state" shall apply equally to the provisions of this chapter;
(6) For the purposes of the taxes imposed under this
chapter and under chapter 82.12 RCW, "tangible personal
property" means personal property that can be seen, weighed,
measured, felt, or touched, or that is in any other manner perceptible to the senses. Tangible personal property includes
electricity, water, gas, steam, and prewritten computer software. [2003 c 168 § 101; 1985 c 38 § 3; 1985 c 2 § 2 (Initiative Measure No. 464, approved November 6, 1984); 1983
1st ex.s. c 55 § 1; 1967 ex.s. c 149 § 18; 1963 c 244 § 1; 1961
c 15 § 82.08.010. Prior: (i) 1945 c 249 § 4; 1943 c 156 § 6;
1941 c 78 § 8; 1939 c 225 § 7; 1935 c 180 § 17; Rem. Supp.
1945 § 8370-17. (ii) 1935 c 180 § 20; RRS § 8370-20.]
Effective dates—2003 c 168: "Sections 101 through 104, 201 through
216, 401 through 412, 501, 502, 601 through 604, 701 through 704, 801, 901,
and 902 of this act take effect July 1, 2004. Sections 301 through 305 of this
act take effect January 1, 2004." [2003 c 168 § 903.]
Part headings not law—2003 c 168: "Part headings used in this act are
not any part of the law." [2003 c 168 § 901.]
Purpose—1985 c 2: "The purpose of this initiative is to reduce the
amount on which sales tax is paid by excluding the trade-in value of certain
property from the amount taxable." [1985 c 2 § 1 (Initiative Measure No.
464, approved November 6, 1984).]
Effective dates—1983 1st ex.s. c 55: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions, and shall take effect
July 1, 1983, except that section 12 of this act shall take effect January 1,
1984, and shall be effective for property taxes levied in 1983, and due in
1984, and thereafter." [1983 1st ex.s. c 55 § 13.]
82.08.020
82.08.020 Tax imposed—Retail sales—Retail car
rental. (1) There is levied and there shall be collected a tax
on each retail sale in this state equal to six and five-tenths percent of the selling price.
(2) There is levied and there shall be collected an additional tax on each retail car rental, regardless of whether the
vehicle is licensed in this state, equal to five and nine-tenths
percent of the selling price. The revenue collected under this
subsection shall be deposited in the multimodal transportation account created in RCW 47.66.070.
(3) Beginning July 1, 2003, there is levied and collected
an additional tax of three-tenths of one percent of the selling
82.08.020
price on each retail sale of a motor vehicle in this state, other
than retail car rentals taxed under subsection (2) of this section. The revenue collected under this subsection shall be
deposited in the multimodal transportation account created in
RCW 47.66.070.
(4) For purposes of subsection (3) of this section, "motor
vehicle" has the meaning provided in RCW 46.04.320, but
does not include farm tractors or farm vehicles as defined in
RCW 46.04.180 and 46.04.181, off-road and nonhighway
vehicles as defined in RCW 46.09.020, and snowmobiles as
defined in RCW 46.10.010.
(5) The taxes imposed under this chapter shall apply to
successive retail sales of the same property.
(6) The rates provided in this section apply to taxes
imposed under chapter 82.12 RCW as provided in RCW
82.12.020. [2003 c 361 § 301; 2000 2nd sp.s. c 4 § 1; 1998 c
321 § 36 (Referendum Bill No. 49, approved November 3,
1998); 1992 c 194 § 9; 1985 c 32 § 1. Prior: 1983 2nd ex.s.
c 3 § 62; 1983 2nd ex.s. c 3 § 41; 1983 c 7 § 6; 1982 1st ex.s.
c 35 § 1; 1981 2nd ex.s. c 8 § 1; 1977 ex.s. c 324 § 2; 1975'76 2nd ex.s. c 130 § 1; 1971 ex.s. c 281 § 9; 1969 ex.s. c 262
§ 31; 1967 ex.s. c 149 § 19; 1965 ex.s. c 173 § 13; 1961 c 293
§ 6; 1961 c 15 § 82.08.020; prior: 1959 ex.s. c 3 § 5; 1955
ex.s. c 10 § 2; 1949 c 228 § 4; 1943 c 156 § 5; 1941 c 76 § 2;
1939 c 225 § 10; 1935 c 180 § 16; Rem. Supp. 1949 § 837016.]
Effective dates—2003 c 361: "Sections 301 through 602 of this act
take effect July 1, 2003, and sections 201 and 202 of this act take effect
August 1, 2003." [2003 c 361 § 703.]
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Application—2000 2nd sp.s. c 4 § 1: "Section 1 of this act applies to
taxes collected on and after December 31, 1999." [2000 2nd sp.s. c 4 § 34.]
Effective date—2000 2nd sp.s. c 4 §§ 1-3, 20: "Sections 1 through 3
and 20 of this act are necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its existing
public institutions, and take effect immediately [May 2, 2000]." [2000 2nd
sp.s. c 4 § 35.]
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note following
RCW 35.58.410.
Legislative intent—1992 c 194: "The legislature intends to exempt
rental cars from state and local motor vehicle excise taxes, and to impose
additional sales and use taxes in lieu thereof. These additional sales and use
taxes are intended to provide as much revenue to the funds currently receiving motor vehicle excise tax revenue, including the transportation funds and
the general fund, as each fund would have received if the motor vehicle
excise tax exemptions had not been enacted. Revenues from these additional
sales and use taxes are intended to be distributed in the same manner as the
motor vehicle excise tax revenues they replace." [1992 c 194 § 4.]
Effective dates—1992 c 194: See note following RCW 46.04.466.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Construction—1983 c 7: "This act shall not be construed as affecting
any existing right acquired, or liability or obligation incurred under the sections amended in this act, nor any rule, regulation, or order adopted, nor any
proceeding instituted, under those sections." [1983 c 7 § 34.]
Severability—1983 c 7: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1983 c 7 § 35.]
Effective dates—1983 c 7: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect March 1,
[2003 RCW Supp—page 1047]
82.08.02566
Title 82 RCW: Excise Taxes
1983, except as follows:
(1) Sections 9 through 22, and 25 through 31 of this act shall take effect
June 30, 1983.
(2) Sections 23 and 24 of this act shall take effect January 1, 1984, for
taxes first due in 1984 and thereafter.
The department of revenue and the department of licensing shall immediately take necessary steps to ensure that all sections of this act are properly
implemented on their effective dates. The additional taxes and tax rate
changes imposed under this act shall take effect on the dates designated in
this act notwithstanding the date this act becomes law under Article III, section 12 of the state Constitution." [1983 c 7 § 37.]
Severability—1982 1st ex.s. c 35: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 1st ex.s. c 35 § 47.]
Effective dates—Expiration date—1982 1st ex.s. c 35: "This act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect immediately, except that sections 28, 29, and 30
of this act shall take effect on May 1, 1982, sections 33 and 34 of this act
shall take effect on July 1, 1983, and sections 35 through 38 of this act shall
take effect on January 1, 1983.
Sections 28 and 29 of this act shall expire on July 1, 1983. The additional taxes imposed under this act shall take effect on the dates designated
in this act notwithstanding the date this act becomes law under Article III,
section 12 of the state Constitution." [1982 1st ex.s. c 35 § 48.]
Effective date—1975-'76 2nd ex.s. c 130: "This 1976 amendatory act
is necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect immediately: PROVIDED, That the provisions of
this 1976 amendatory act shall be null and void in the event chapter . . .
(*Substitute Senate Bill No. 2778), Laws of 1975-'76 2nd ex. sess. is
approved and becomes law." [1975-'76 2nd ex.s. c 130 § 4.]
*Reviser's note: "Substitute Senate Bill No. 2778" failed to become
law.
High capacity transportation systems—Sales and use tax: RCW 81.104.170.
Manufacturers, study: 1994 c 66.
82.08.02566
82.08.02566 Exemptions—Sales of tangible personal
property incorporated in prototype for parts, auxiliary
equipment, and aircraft modification—Limitations on
yearly exemption. (Effective July 1, 2004.) (1) The tax levied by RCW 82.08.020 shall not apply to sales of tangible
personal property incorporated into a prototype for aircraft
parts, auxiliary equipment, or modifications; or to sales of
tangible personal property that at one time is incorporated
into the prototype but is later destroyed in the testing or
development of the prototype.
(2) This exemption does not apply to sales to any person
whose total taxable amount during the immediately preceding calendar year exceeds twenty million dollars. For purposes of this section, "total taxable amount" means gross
income of the business and value of products manufactured,
less any amounts for which a credit is allowed under RCW
82.04.440.
(3) State and local taxes for which an exemption is
received under this section and RCW 82.12.02566 shall not
exceed one hundred thousand dollars for any person during
any calendar year.
(4) Sellers shall collect tax on sales subject to this
exemption. The buyer shall apply for a refund directly from
the department. [2003 c 168 § 208; 1997 c 302 § 1; 1996 c
247 § 4.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Effective date—1997 c 302: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state gov[2003 RCW Supp—page 1048]
ernment and its existing public institutions, and takes effect July 1, 1997."
[1997 c 302 § 3.]
Findings—Intent—1996 c 247: "The legislature finds that the health,
safety, and welfare of the people of the state of Washington are heavily
dependent upon the continued encouragement, development, and expansion
of opportunities for family wage employment in the state's manufacturing
industries.
The legislature also finds that sales and use tax exemptions for manufacturing machinery and equipment enacted by the 1995 legislature have
improved Washington's ability to compete with other states for manufacturing investment, but that additional incentives for manufacturers need to be
adopted to solidify and enhance the state's competitive position.
The legislature intends to accomplish this by extending the current
manufacturing machinery and equipment exemptions to include machinery
and equipment used for research and development with potential manufacturing applications." [1996 c 247 § 1.]
82.08.0273
82.08.0273 Exemptions—Sales to nonresidents of
tangible personal property for use outside the state—
Proof of nonresident status—Penalties. (Effective July 1,
2004.) (1) The tax levied by RCW 82.08.020 shall not apply
to sales to nonresidents of this state of tangible personal property for use outside this state when the purchaser (a) is a bona
fide resident of a state or possession or Province of Canada
other than the state of Washington and such state, possession,
or Province of Canada does not impose a retail sales tax or
use tax of three percent or more or, if imposing such a tax,
permits Washington residents exemption from otherwise taxable sales by reason of their residence, and (b) agrees, when
requested, to grant the department of revenue access to such
records and other forms of verification at his or her place of
residence to assure that such purchases are not first used substantially in the state of Washington.
(2)(a) Any person claiming exemption from retail sales
tax under the provisions of this section must display proof of
his or her current nonresident status as herein provided.
(b) Acceptable proof of a nonresident person's status
shall include one piece of identification such as a valid
driver's license from the jurisdiction in which the out-of-state
residency is claimed or a valid identification card which has
a photograph of the holder and is issued by the out-of-state
jurisdiction. Identification under this subsection (2)(b) must
show the holder's residential address and have as one of its
legal purposes the establishment of residency in that out-ofstate jurisdiction.
(3) Nothing in this section requires the vendor to make
tax exempt retail sales to nonresidents. A vendor may choose
to make sales to nonresidents, collect the sales tax, and remit
the amount of sales tax collected to the state as otherwise provided by law. If the vendor chooses to make a sale to a
nonresident without collecting the sales tax, the vendor shall,
in good faith, examine the proof of nonresidence, determine
whether the proof is acceptable under subsection (2)(b) of
this section, and maintain records for each nontaxable sale
which shall show the type of proof accepted, including any
identification numbers where appropriate, and the expiration
date, if any.
(4)(a) Any person making fraudulent statements, which
includes the offer of fraudulent identification or fraudulently
procured identification to a vendor, in order to purchase
goods without paying retail sales tax is guilty of perjury
under chapter 9A.72 RCW.
(b) Any person making tax exempt purchases under this
section by displaying proof of identification not his or her
Retail Sales Tax
own, or counterfeit identification, with intent to violate the
provisions of this section, is guilty of a misdemeanor and, in
addition, shall be liable for the tax and subject to a penalty
equal to the greater of one hundred dollars or the tax due on
such purchases.
(5)(a) Any vendor who makes sales without collecting
the tax to a person who does not hold valid identification
establishing out-of-state residency, and any vendor who fails
to maintain records of sales to nonresidents as provided in
this section, shall be personally liable for the amount of tax
due.
(b) Any vendor who makes sales without collecting the
retail sales tax under this section and who has actual knowledge that the purchaser's proof of identification establishing
out-of-state residency is fraudulent is guilty of a misdemeanor and, in addition, shall be liable for the tax and subject
to a penalty equal to the greater of one thousand dollars or the
tax due on such sales. In addition, both the purchaser and the
vendor shall be liable for any penalties and interest assessable
under chapter 82.32 RCW. [2003 c 53 § 399; 1993 c 444 § 1;
1988 c 96 § 1; 1982 1st ex.s. c 5 § 1; 1980 c 37 § 39. Formerly RCW 82.08.030(21).]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1988 c 96: "This act shall take effect July 1, 1989."
[1988 c 96 § 2.]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0281
82.08.0281 Exemptions—Sales of certain drugs or
family planning devices. (Effective July 1, 2004.) (1) The
tax levied by RCW 82.08.020 shall not apply to sales of drugs
for human use dispensed or to be dispensed to patients, pursuant to a prescription.
(2) The tax levied by RCW 82.08.020 shall not apply to
sales of drugs or devices used for family planning purposes,
including the prevention of conception, for human use dispensed or to be dispensed to patients, pursuant to a prescription.
(3) The tax levied by RCW 82.08.020 shall not apply to
sales of drugs and devices used for family planning purposes,
including the prevention of conception, for human use supplied by a family planning clinic that is under contract with
the department of health to provide family planning services.
(4) The definitions in this subsection apply throughout
this section.
(a) "Prescription" means an order, formula, or recipe
issued in any form of oral, written, electronic, or other means
of transmission by a duly licensed practitioner authorized by
the laws of this state.
(b) "Drug" means a compound, substance, or preparation, and any component of a compound, substance, or preparation, other than food and food ingredients, dietary supplements, or alcoholic beverages:
(i) Recognized in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United
States, or official national formulary, or any supplement to
any of them; or
(ii) Intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease; or
(iii) Intended to affect the structure or any function of the
body.
82.08.0283
(c) "Over-the-counter drug" means a drug that contains a
label that identifies the product as a drug required by 21
C.F.R. Sec. 201.66, as amended or renumbered on January 1,
2003. The label includes:
(i) A "drug facts" panel; or
(ii) A statement of the "active ingredient(s)" with a list of
those ingredients contained in the compound, substance, or
preparation. [2003 c 168 § 403; 1993 sp.s. c 25 § 308; 1980
c 37 § 46. Formerly RCW 82.08.030(28).]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Finding—1993 sp.s. c 25: "The legislature finds that prevention is a
significant element in the reduction of health care costs. The legislature further finds that taxing some physician prescriptions and not others is unfair to
patients. It is, therefore, the intent of the legislature to remove the taxes from
prescriptions issued for family planning purposes." [1993 sp.s. c 25 § 307.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0283
82.08.0283 Exemptions—Certain medical items.
(Effective July 1, 2004.) (1) The tax levied by RCW
82.08.020 shall not apply to sales of prosthetic devices prescribed for an individual by a person licensed under chapter
18.22, 18.25, 18.57, or 18.71 RCW; medicines of mineral,
animal, and botanical origin administered, dispensed, or used
in the treatment of an individual by a person licensed under
chapter 18.36A RCW; and medically prescribed oxygen,
including, but not limited to, oxygen concentrator systems,
oxygen enricher systems, liquid oxygen systems, and gaseous, bottled oxygen systems prescribed for an individual by
a person licensed under chapter 18.57 or 18.71 RCW for use
in the medical treatment of that individual. In addition, the
tax levied by RCW 82.08.020 shall not apply to charges made
for labor and services rendered in respect to the repairing,
cleaning, altering, or improving of any of the items exempted
under this section.
(2) The exemption in subsection (1) of this section shall
not apply to sales of durable medical equipment or mobility
enhancing equipment.
(3) The definitions in this subsection apply throughout
this section.
(a) "Prosthetic device" means a replacement, corrective,
or supportive device, including repair and replacement parts
for a prosthetic device, worn on or in the body to:
(i) Artificially replace a missing portion of the body;
(ii) Prevent or correct a physical deformity or malfunction; or
(iii) Support a weak or deformed portion of the body.
(b) "Durable medical equipment" means equipment,
including repair and replacement for durable medical equipment, but does not include mobility enhancing equipment,
that:
(i) Can withstand repeated use;
(ii) Is primarily and customarily used to serve a medical
purpose;
(iii) Generally is not useful to a person in the absence of
illness or injury; and
(iv) Does not work in or on the body.
(c) "Mobility enhancing equipment" means equipment,
including repair and replacement parts for mobility enhancing equipment, but does not include medical equipment, that:
[2003 RCW Supp—page 1049]
82.08.0293
Title 82 RCW: Excise Taxes
(i) Is primarily and customarily used to provide or
increase the ability to move from one place to another and
that is appropriate for use either at home or a motor vehicle;
(ii) Is not generally used by persons with normal mobility; and
(iii) Does not include any motor vehicle or equipment on
a motor vehicle normally provided by a motor vehicle manufacturer. [2003 c 168 § 409; 2001 c 75 § 1; 1998 c 168 § 2;
1997 c 224 § 1; 1996 c 162 § 1; 1991 c 250 § 2; 1986 c 255 §
1; 1980 c 86 § 1; 1980 c 37 § 48. Formerly RCW
82.08.030(30).]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Effective date—2001 c 75: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 19, 2001]." [2001 c 75 § 3.]
Effective date—1998 c 168: See note following RCW 82.04.120.
Effective date—1997 c 224: "This act takes effect October 1, 1998."
[1997 c 224 § 3.]
Effective date—1996 c 162: "This act shall take effect July 1, 1996."
[1996 c 162 § 3.]
Finding—Intent—1991 c 250: "(1) The legislature finds:
(a) The existing state policy is to exempt medical oxygen from sales
and use tax.
(b) The technology for supplying medical oxygen has changed substantially in recent years. Many consumers of medical oxygen purchase or rent
equipment that supplies oxygen rather than purchasing oxygen in gaseous
form.
(2) The intent of this act is to bring sales and rental of individual oxygen systems within the existing exemption for medical oxygen, without
expanding the essence of the original policy decision that medical oxygen
should be exempt from sales and use tax." [1991 c 250 § 1.]
Effective date—1986 c 255: "This act shall take effect July 1, 1986."
[1986 c 255 § 3.]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0293
82.08.0293 Exemptions—Sales of food and food
ingredients. (Effective January 1, 2004.) (1) The tax levied
by RCW 82.08.020 shall not apply to sales of food and food
ingredients. "Food and food ingredients" means substances,
whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that are sold for ingestion or chewing by humans
and are consumed for their taste or nutritional value. "Food
and food ingredients" does not include:
(a) "Alcoholic beverages," which means beverages that
are suitable for human consumption and contain one-half of
one percent or more of alcohol by volume; and
(b) "Tobacco," which means cigarettes, cigars, chewing
or pipe tobacco, or any other item that contains tobacco.
(2) The exemption of "food and food ingredients" provided for in subsection (1) of this section shall not apply to
prepared food, soft drinks, or dietary supplements.
(a) "Prepared food" means:
(i) Food sold in a heated state or heated by the seller;
(ii) Two or more food ingredients mixed or combined by
the seller for sale as a single item; or
(iii) Food sold with eating utensils provided by the seller,
including plates, knives, forks, spoons, glasses, cups, napkins, or straws. A plate does not include a container or packaging used to transport the food.
"Prepared food" in (a)(ii) of this subsection, does not
include food that is only cut, repackaged, or pasteurized by
[2003 RCW Supp—page 1050]
the seller and raw eggs, fish, meat, poultry, and foods containing these raw animal foods requiring cooking by the consumer as recommended by the federal food and drug administration in chapter 3, part 401.11 of The Food Code, published by the food and drug administration, as amended or
renumbered as of January 1, 2003, so as to prevent foodborne
illness; or bakery items, including bread, rolls, buns, biscuits,
bagels, croissants, pastries, donuts, danish, cakes, tortes, pies,
tarts, muffins, bars, cookies, or tortillas.
(b) "Soft drinks" means nonalcoholic beverages that contain natural or artificial sweeteners. Soft drinks do not
include beverages that contain: Milk or milk products; soy,
rice, or similar milk substitutes; or greater than fifty percent
of vegetable or fruit juice by volume.
(c) "Dietary supplement" means any product, other than
tobacco, intended to supplement the diet that:
(i) Contains one or more of the following dietary ingredients: A vitamin; a mineral; an herb or other botanical; an
amino acid; a dietary substance for use by humans to supplement the diet by increasing the total dietary intake; or a concentrate, metabolite, constituent, extract, or combination of
any ingredient described in this subsection; and is intended
for ingestion in tablet, capsule, powder, softgel, gelcap, or
liquid form, or if not intended for ingestion in such form, is
not represented as conventional food and is not represented
for use as a sole item of a meal or of the diet; and
(ii) Is required to be labeled as a dietary supplement,
identifiable by the "supplement facts" box found on the label
as required pursuant to 21 C.F.R. Sec. 101.36, as amended or
renumbered as of January 1, 2003.
(3) Notwithstanding anything in this section to the contrary, the exemption of "food and food ingredients" provided
in this section shall apply to food and food ingredients which
are furnished, prepared, or served as meals:
(a) Under a state administered nutrition program for the
aged as provided for in the Older Americans Act (P.L. 95-478
Title III) and RCW 74.38.040(6); or
(b) Which are provided to senior citizens, disabled persons, or low-income persons by a not-for-profit organization
organized under chapter 24.03 or 24.12 RCW.
(4) Subsection (1) of this section notwithstanding, the
retail sale of food and food ingredients is subject to sales tax
under RCW 82.08.020 if the food and food ingredients are
sold through a vending machine, and in this case the selling
price for purposes of RCW 82.08.020 is fifty-seven percent
of the gross receipts.
This subsection does not apply to hot prepared food and
food ingredients, other than food and food ingredients which
are heated after they have been dispensed from the vending
machine.
For tax collected under this subsection, the requirements
that the tax be collected from the buyer and that the amount
of tax be stated as a separate item are waived. [2003 c 168 §
301; 1988 c 103 § 1; 1986 c 182 § 1; 1985 c 104 § 1; 1982 1st
ex.s. c 35 § 33.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Effective date—1988 c 103: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 1,
1988." [1988 c 103 § 4.]
Retail Sales Tax
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
82.08.037
82.08.037 Credits and refunds for bad debts. (Effective July 1, 2004.) (1) A seller is entitled to a credit or refund
for sales taxes previously paid on debts which are bad debts
under 26 U.S.C. Sec. 166, as amended or renumbered as of
January 1, 2003, except for:
(a) Amounts due on property that remains in the possession of the seller until the full purchase price is paid;
(b) Expenses incurred in attempting to collect debt; and
(c) Repossessed property.
(2) If a credit or refund of sales tax is taken for a bad debt
and the debt is subsequently collected in whole or in part, the
tax on the amount collected must be paid and reported on the
return filed for the period in which the collection is made.
(3) Payments on a bad debt are applied first proportionally to the taxable price of the property or service and the
sales tax thereon, and secondly to interest, service charges,
and any other charges.
(4) If the seller uses a certified service provider to
administer its sales tax responsibilities, the certified service
provider may claim, on behalf of the seller, the credit or
refund allowed by this section. The certified service provider
must credit or refund the full amount to the seller. [2003 c
168 § 212; 1982 1st ex.s. c 35 § 35.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
82.08.050
82.08.050 Buyer to pay, seller to collect tax—Statement of tax—Exception—Penalties—Contingent expiration of subsection. (Effective until July 1, 2004.) (1) The
tax hereby imposed shall be paid by the buyer to the seller,
and each seller shall collect from the buyer the full amount of
the tax payable in respect to each taxable sale in accordance
with the schedule of collections adopted by the department
pursuant to the provisions of RCW 82.08.060. The tax
required by this chapter, to be collected by the seller, shall be
deemed to be held in trust by the seller until paid to the
department, and any seller who appropriates or converts the
tax collected to his or her own use or to any use other than the
payment of the tax to the extent that the money required to be
collected is not available for payment on the due date as prescribed in this chapter shall be guilty of a gross misdemeanor.
(2) In case any seller fails to collect the tax herein
imposed or having collected the tax, fails to pay it to the
department in the manner prescribed by this chapter, whether
such failure is the result of his or her own acts or the result of
acts or conditions beyond his or her control, he or she shall,
nevertheless, be personally liable to the state for the amount
of the tax, unless the seller has taken from the buyer in good
faith a properly executed resale certificate under RCW
82.04.470 or a copy of a direct pay permit issued under RCW
82.32.087.
(3) The amount of tax, until paid by the buyer to the
seller or to the department, shall constitute a debt from the
buyer to the seller and any seller who fails or refuses to collect the tax as required with intent to violate the provisions of
this chapter or to gain some advantage or benefit, either direct
82.08.050
or indirect, and any buyer who refuses to pay any tax due
under this chapter shall be guilty of a misdemeanor. The tax
required by this chapter to be collected by the seller shall be
stated separately from the selling price in any sales invoice or
other instrument of sale. On all retail sales through vending
machines, the tax need not be stated separately from the selling price or collected separately from the buyer. For purposes of determining the tax due from the buyer to the seller
and from the seller to the department it shall be conclusively
presumed that the selling price quoted in any price list, sales
document, contract or other agreement between the parties
does not include the tax imposed by this chapter, but if the
seller advertises the price as including the tax or that the
seller is paying the tax, the advertised price shall not be considered the selling price.
(4) Where a buyer has failed to pay to the seller the tax
imposed by this chapter and the seller has not paid the
amount of the tax to the department, the department may, in
its discretion, proceed directly against the buyer for collection of the tax, in which case a penalty of ten percent may be
added to the amount of the tax for failure of the buyer to pay
the same to the seller, regardless of when the tax may be collected by the department; and all of the provisions of chapter
82.32 RCW, including those relative to interest and penalties,
shall apply in addition; and, for the sole purpose of applying
the various provisions of chapter 82.32 RCW, the twentyfifth day of the month following the tax period in which the
purchase was made shall be considered as the due date of the
tax.
(5) Notwithstanding subsections (1) through (4) of this
section, any person making sales is not obligated to collect
the tax imposed by this chapter if:
(a) The person's activities in this state, whether conducted directly or through another person, are limited to:
(i) The storage, dissemination, or display of advertising;
(ii) The taking of orders; or
(iii) The processing of payments; and
(b) The activities are conducted electronically via a web
site on a server or other computer equipment located in
Washington that is not owned or operated by the person making sales into this state nor owned or operated by an affiliated
person. "Affiliated persons" has the same meaning as provided in RCW 82.04.424.
(6) Subsection (5) of this section expires when: (a) The
United States congress grants individual states the authority
to impose sales and use tax collection duties on remote sellers; or (b) it is determined by a court of competent jurisdiction, in a judgment not subject to review, that a state can
impose sales and use tax collection duties on remote sellers.
[2003 c 76 § 3; 2001 c 188 § 4; 1993 sp.s. c 25 § 704; 1992 c
206 § 2; 1986 c 36 § 1; 1985 c 38 § 1; 1971 ex.s. c 299 § 7;
1965 ex.s. c 173 § 15; 1961 c 15 § 82.08.050. Prior: 1951 c
44 § 1; 1949 c 228 § 6; 1941 c 71 § 3; 1939 c 225 § 11; 1937
c 227 § 7; 1935 c 180 § 21; Rem. Supp. 1949 § 8370-21.]
Intent—2003 c 76: See note following RCW 82.04.424.
Finding—Intent—Effective date—2001 c 188: See notes following
RCW 82.32.087.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Effective date—1992 c 206: See note following RCW 82.04.170.
[2003 RCW Supp—page 1051]
82.08.050
Title 82 RCW: Excise Taxes
Effective dates—Severability—1971 ex.s. c 299: See notes following
RCW 82.04.050.
Project on exemption reporting requirements: RCW 82.32.440.
82.08.050
82.08.050 Buyer to pay, seller to collect tax—Statement of tax—Exception—Penalties—Contingent expiration of subsection. (Effective July 1, 2004.) (1) The tax
hereby imposed shall be paid by the buyer to the seller, and
each seller shall collect from the buyer the full amount of the
tax payable in respect to each taxable sale in accordance with
the schedule of collections adopted by the department pursuant to the provisions of RCW 82.08.060.
(2) The tax required by this chapter, to be collected by
the seller, shall be deemed to be held in trust by the seller
until paid to the department, and any seller who appropriates
or converts the tax collected to his or her own use or to any
use other than the payment of the tax to the extent that the
money required to be collected is not available for payment
on the due date as prescribed in this chapter is guilty of a
gross misdemeanor.
(3) In case any seller fails to collect the tax herein
imposed or, having collected the tax, fails to pay it to the
department in the manner prescribed by this chapter, whether
such failure is the result of his or her own acts or the result of
acts or conditions beyond his or her control, he or she shall,
nevertheless, be personally liable to the state for the amount
of the tax, unless the seller has taken from the buyer a resale
certificate under RCW 82.04.470, a copy of a direct pay permit issued under RCW 82.32.087, information required
under the streamlined sales and use tax agreement, or information required under rules adopted by the department. Sellers shall not be relieved from personal liability for the amount
of the tax unless they maintain proper records of exempt
transactions and provide them to the department when
requested.
(4) The amount of tax, until paid by the buyer to the
seller or to the department, shall constitute a debt from the
buyer to the seller and any seller who fails or refuses to collect the tax as required with intent to violate the provisions of
this chapter or to gain some advantage or benefit, either direct
or indirect, and any buyer who refuses to pay any tax due
under this chapter is guilty of a misdemeanor.
(5) The tax required by this chapter to be collected by the
seller shall be stated separately from the selling price in any
sales invoice or other instrument of sale. On all retail sales
through vending machines, the tax need not be stated separately from the selling price or collected separately from the
buyer. For purposes of determining the tax due from the
buyer to the seller and from the seller to the department it
shall be conclusively presumed that the selling price quoted
in any price list, sales document, contract or other agreement
between the parties does not include the tax imposed by this
chapter, but if the seller advertises the price as including the
tax or that the seller is paying the tax, the advertised price
shall not be considered the selling price.
(6) Where a buyer has failed to pay to the seller the tax
imposed by this chapter and the seller has not paid the
amount of the tax to the department, the department may, in
its discretion, proceed directly against the buyer for collection of the tax, in which case a penalty of ten percent may be
added to the amount of the tax for failure of the buyer to pay
[2003 RCW Supp—page 1052]
the same to the seller, regardless of when the tax may be collected by the department; and all of the provisions of chapter
82.32 RCW, including those relative to interest and penalties,
shall apply in addition; and, for the sole purpose of applying
the various provisions of chapter 82.32 RCW, the twentyfifth day of the month following the tax period in which the
purchase was made shall be considered as the due date of the
tax.
(7) Notwithstanding subsections (1) through (6) of this
section, any person making sales is not obligated to collect
the tax imposed by this chapter if:
(a) The person's activities in this state, whether conducted directly or through another person, are limited to:
(i) The storage, dissemination, or display of advertising;
(ii) The taking of orders; or
(iii) The processing of payments; and
(b) The activities are conducted electronically via a web
site on a server or other computer equipment located in
Washington that is not owned or operated by the person making sales into this state nor owned or operated by an affiliated
person. "Affiliated persons" has the same meaning as provided in RCW 82.04.424.
(8) Subsection (7) of this section expires when: (a) The
United States congress grants individual states the authority
to impose sales and use tax collection duties on remote sellers; or (b) it is determined by a court of competent jurisdiction, in a judgment not subject to review, that a state can
impose sales and use tax collection duties on remote sellers.
[2003 c 168 § 203; 2003 c 76 § 3; 2003 c 53 § 400; 2001 c 188
§ 4; 1993 sp.s. c 25 § 704; 1992 c 206 § 2; 1986 c 36 § 1; 1985
c 38 § 1; 1971 ex.s. c 299 § 7; 1965 ex.s. c 173 § 15; 1961 c
15 § 82.08.050. Prior: 1951 c 44 § 1; 1949 c 228 § 6; 1941 c
71 § 3; 1939 c 225 § 11; 1937 c 227 § 7; 1935 c 180 § 21;
Rem. Supp. 1949 § 8370-21.]
Reviser's note: This section was amended by 2003 c 53 § 400, 2003 c
76 § 3, and by 2003 c 168 § 203, each without reference to the other. All
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Intent—2003 c 76: See note following RCW 82.04.424.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Finding—Intent—Effective date—2001 c 188: See notes following
RCW 82.32.087.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Effective date—1992 c 206: See note following RCW 82.04.170.
Effective dates—Severability—1971 ex.s. c 299: See notes following
RCW 82.04.050.
Project on exemption reporting requirements: RCW 82.32.440.
82.08.054
82.08.054 Computation of tax due. (Effective July 1,
2004.) Sellers shall compute the tax due under this chapter
and chapters 82.12 and 82.14 RCW by carrying the computation to the third decimal place and rounding to a whole cent
using a method that rounds up to the next cent whenever the
third decimal place is greater than four. Sellers may elect to
compute the tax due on a transaction on an item or an invoice
basis. This rounding rule shall be applied to the aggregated
state and local taxes. [2003 c 168 § 210.]
Retail Sales Tax
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
82.08.064
82.08.064 Tax rate changes. (Effective until July 1,
2004.) (1) A sales and use tax rate change under this chapter
or chapter 82.12 RCW shall be imposed (a) no sooner than
seventy-five days after its enactment into law and (b) only on
the first day of January, April, July, or October.
(2) Subsection (1) of this section does not apply to the
tax rate change in section 301, chapter 361, Laws of 2003.
[2003 c 361 § 304; 2000 c 104 § 3.]
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Findings—Intent—Effective date—2000 c 104: See notes following
RCW 82.14.055.
82.08.064
82.08.064 Tax rate changes. (Effective July 1, 2004.)
(1) A sales and use tax rate change under this chapter or chapter 82.12 RCW shall be imposed (a) no sooner than seventyfive days after its enactment into law and (b) only on the first
day of January, April, July, or October.
(2) Subsection (1) of this section does not apply to the
tax rate change in section 301, chapter 361, Laws of 2003.
(3)(a) A sales and use tax rate increase under this chapter
or chapter 82.12 RCW imposed on services applies to the
first billing period starting on or after the effective date of the
increase.
(b) A sales and use tax rate decrease under this chapter or
chapter 82.12 RCW imposed on services applies to bills rendered on or after the effective date of the decrease.
(c) For the purposes of this subsection (3), "services"
means retail services such as installing and constructing and
retail services such as telecommunications, but does not
include services such as tattooing. [2003 c 361 § 304; 2003 c
168 § 205; 2000 c 104 § 3.]
Reviser's note: This section was amended by 2003 c 168 § 205 and by
2003 c 361 § 304, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Findings—Intent—Effective date—2000 c 104: See notes following
RCW 82.14.055.
82.08.150
82.08.150 Tax on certain sales of intoxicating
liquors—Additional taxes for specific purposes—Collection. (1) There is levied and shall be collected a tax upon
each retail sale of spirits in the original package at the rate of
fifteen percent of the selling price. The tax imposed in this
subsection shall apply to all such sales including sales by the
Washington state liquor stores and agencies, but excluding
sales to spirits, beer, and wine restaurant licensees.
(2) There is levied and shall be collected a tax upon each
sale of spirits in the original package at the rate of ten percent
of the selling price on sales by Washington state liquor stores
and agencies to spirits, beer, and wine restaurant licensees.
(3) There is levied and shall be collected an additional
tax upon each retail sale of spirits in the original package at
82.08.150
the rate of one dollar and seventy-two cents per liter. The
additional tax imposed in this subsection shall apply to all
such sales including sales by Washington state liquor stores
and agencies, and including sales to spirits, beer, and wine
restaurant licensees.
(4) An additional tax is imposed equal to fourteen percent multiplied by the taxes payable under subsections (1),
(2), and (3) of this section.
(5) An additional tax is imposed upon each retail sale of
spirits in the original package at the rate of seven cents per
liter. The additional tax imposed in this subsection shall
apply to all such sales including sales by Washington state
liquor stores and agencies, and including sales to spirits, beer,
and wine restaurant licensees. All revenues collected during
any month from this additional tax shall be deposited in the
violence reduction and drug enforcement account under
RCW 69.50.520 by the twenty-fifth day of the following
month.
(6)(a) An additional tax is imposed upon retail sale of
spirits in the original package at the rate of one and seventenths percent of the selling price through June 30, 1995, two
and six-tenths percent of the selling price for the period July
1, 1995, through June 30, 1997, and three and four-tenths of
the selling price thereafter. This additional tax applies to all
such sales including sales by Washington state liquor stores
and agencies, but excluding sales to spirits, beer, and wine
restaurant licensees.
(b) An additional tax is imposed upon retail sale of spirits in the original package at the rate of one and one-tenth percent of the selling price through June 30, 1995, one and
seven-tenths percent of the selling price for the period July 1,
1995, through June 30, 1997, and two and three-tenths of the
selling price thereafter. This additional tax applies to all such
sales to spirits, beer, and wine restaurant licensees.
(c) An additional tax is imposed upon each retail sale of
spirits in the original package at the rate of twenty cents per
liter through June 30, 1995, thirty cents per liter for the period
July 1, 1995, through June 30, 1997, and forty-one cents per
liter thereafter. This additional tax applies to all such sales
including sales by Washington state liquor stores and agencies, and including sales to spirits, beer, and wine restaurant
licensees.
(d) All revenues collected during any month from additional taxes under this subsection shall be deposited in the
health services account created under RCW 43.72.900 by the
twenty-fifth day of the following month.
(7) The tax imposed in RCW 82.08.020 shall not apply
to sales of spirits in the original package.
(8) The taxes imposed in this section shall be paid by the
buyer to the seller, and each seller shall collect from the buyer
the full amount of the tax payable in respect to each taxable
sale under this section. The taxes required by this section to
be collected by the seller shall be stated separately from the
selling price and for purposes of determining the tax due from
the buyer to the seller, it shall be conclusively presumed that
the selling price quoted in any price list does not include the
taxes imposed by this section.
(9) As used in this section, the terms, "spirits" and "package" shall have the meaning ascribed to them in chapter 66.04
RCW. [2003 c 167 § 11; 1998 c 126 § 16; 1997 c 321 § 55;
1994 sp.s. c 7 § 903 (Referendum Bill No. 43, approved
[2003 RCW Supp—page 1053]
82.08.925
Title 82 RCW: Excise Taxes
November 8, 1994); 1993 c 492 § 310; 1989 c 271 § 503;
1983 2nd ex.s. c 3 § 12; 1982 1st ex.s. c 35 § 3; 1981 1st ex.s.
c 5 § 25; 1973 1st ex.s. c 204 § 1; 1971 ex.s. c 299 § 9; 1969
ex.s. c 21 § 11; 1965 ex.s. c 173 § 16; 1965 c 42 § 1; 1961
ex.s. c 24 § 2; 1961 c 15 § 82.08.150. Prior: 1959 ex.s. c 5 §
9; 1957 c 279 § 4; 1955 c 396 § 1; 1953 c 91 § 5; 1951 2nd
ex.s. c 28 § 5.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
82.08.945
Effective date—2003 c 167: See note following RCW 66.24.244.
82.08.945 Exemptions—Kidney dialysis devices.
(Effective July 1, 2004.) The tax levied by RCW 82.08.020
shall not apply to sales of kidney dialysis devices, including
repair and replacement parts, for human use pursuant to a
prescription. [2003 c 168 § 410.]
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Effective date—1998 c 126: See note following RCW 66.20.010.
82.08.950
Effective date—1997 c 321: See note following RCW 66.24.010.
Contingent partial referendum—1994 sp.s. c 7 §§ 901-909: See note
following RCW 66.24.210.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Effective dates—1989 c 271: See note following RCW 66.28.200.
Severability—1989 c 271: See note following RCW 9.94A.510.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Effective date—1973 1st ex.s. c 204: "This 1973 amendatory act is
necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing public institutions, and shall take effect the first day of July, 1973." [1973 1st ex.s. c 204
§ 4.]
Effective dates—Severability—1971 ex.s. c 299: See notes following
RCW 82.04.050.
Effective date—1969 ex.s. c 21: See note following RCW 64.04.010.
82.08.925
82.08.925 Exemptions—Dietary supplements.
(Effective January 1, 2004.) The tax levied by RCW
82.08.020 shall not apply to sales of dietary supplements for
human use dispensed or to be dispensed to patients, pursuant
to a prescription. "Dietary supplement" has the same meaning as in RCW 82.08.0293. [2003 c 168 § 302.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
82.08.935
82.08.935 Exemptions—Disposable devices used to
deliver prescription drugs for human use. (Effective July
1, 2004.) The tax levied by RCW 82.08.020 shall not apply
to sales of disposable devices used or to be used to deliver
drugs for human use, pursuant to a prescription. "Disposable
devices used to deliver drugs" means single use items such as
syringes, tubing, or catheters. [2003 c 168 § 404.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
82.08.940
82.08.940 Exemptions—Over-the-counter drugs for
human use. (Effective July 1, 2004.) The tax levied by
RCW 82.08.020 shall not apply to sales of over-the-counter
drugs for human use dispensed or to be dispensed to patients,
pursuant to a prescription. "Over-the-counter drug" has the
same meaning as in RCW 82.08.0281. [2003 c 168 § 405.]
[2003 RCW Supp—page 1054]
82.08.950 Exemptions—Steam, electricity, electrical
energy. (Effective July 1, 2004.) The tax levied by RCW
82.08.020 shall not apply to sales of steam, electricity, or
electrical energy. [2003 c 168 § 703.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
82.08.955
82.08.955 Exemptions—Sales of machinery, equipment, vehicles, and services related to biodiesel or alcohol
fuel blend. (Expires July 1, 2009.) (1) The tax levied by
RCW 82.08.020 does not apply to sales of machinery and
equipment, or to services rendered in respect to constructing
structures, installing, constructing, repairing, cleaning, decorating, altering, or improving of structures or machinery and
equipment, or to sales of tangible personal property that
becomes an ingredient or component of structures or machinery and equipment, if the machinery, equipment, or structure
is used directly for the retail sale of a biodiesel or alcohol fuel
blend. Structures and machinery and equipment that are used
for the retail sale of a biodiesel or alcohol fuel blend and for
other purposes are exempt only on the portion used directly
for the retail sale of a biodiesel or alcohol fuel blend.
(2) The tax levied by RCW 82.08.020 does not apply to
sales of fuel delivery vehicles or to sales of or charges made
for labor and services rendered in respect to installing, repairing, cleaning, altering, or improving the vehicles including
repair parts and replacement parts if at least seventy-five percent of the fuel distributed by the vehicles is a biodiesel or
alcohol fuel blend.
(3) A person taking the exemption under this section
must keep records necessary for the department to verify eligibility under this section. The exemption is available only
when the buyer provides the seller with an exemption certificate in a form and manner prescribed by the department. The
seller shall retain a copy of the certificate for the seller's files.
(4) For the purposes of this section, the definitions in
RCW 82.04.4334 and this subsection apply.
(a) "Alcohol fuel blend" means fuel that contains at least
eighty-five percent alcohol fuel by volume.
(b) "Biodiesel blend" means fuel that contains at least
twenty percent biodiesel fuel by volume.
(c) "Machinery and equipment" means industrial fixtures, devices, and support facilities and tangible personal
property that becomes an ingredient or component thereof,
including repair parts and replacement parts that are integral
and necessary for the delivery of biodiesel or alcohol fuel
blends into the fuel tank of a motor vehicle.
(5) This section expires July 1, 2009. [2003 c 63 § 2.]
Effective date—2003 c 63: See note following RCW 82.04.4334.
Retail Sales Tax
82.08.970
82.08.960
82.08.960 Sales of machinery, equipment, vehicles,
and services related to wood biomass fuel blend. (Expires
July 1, 2009.) (1) The tax levied by RCW 82.08.020 does not
apply to sales of machinery and equipment, or to services
rendered in respect to constructing structures, installing, constructing, repairing, cleaning, decorating, altering, or improving of structures or machinery and equipment, or to sales of
tangible personal property that becomes an ingredient or
component of structures or machinery and equipment, if the
machinery, equipment, or structure is used directly for the
retail sale of a wood biomass fuel blend. Structures and
machinery and equipment that are used for the retail sale of a
wood biomass fuel blend and for other purposes are exempt
only on the portion used directly for the retail sale of a wood
biomass fuel blend.
(2) The tax levied by RCW 82.08.020 does not apply to
sales of fuel delivery vehicles or to sales of or charges made
for labor and services rendered in respect to installing, repairing, cleaning, altering, or improving the vehicles including
repair parts and replacement parts if at least seventy-five percent of the fuel distributed by the vehicles is a wood biomass
fuel blend.
(3) A person taking the exemption under this section
must keep records necessary for the department to verify eligibility under this section. The exemption is available only
when the buyer provides the seller with an exemption certificate in a form and manner prescribed by the department. The
seller shall retain a copy of the certificate for the seller's files.
(4) For the purposes of this section, the definitions in
RCW 82.69.010 and this subsection apply.
(a) "Wood biomass fuel blend" means fuel that contains
at least twenty percent wood biomass fuel by volume.
(b) "Machinery and equipment" means industrial fixtures, devices, and support facilities and tangible personal
property that becomes an ingredient or component thereof,
including repair parts and replacement parts that are integral
and necessary for the delivery of a wood biomass fuel blend
into the fuel tank of a motor vehicle.
(5) This section expires July 1, 2009. [2003 c 339 § 13.]
Effective dates—2003 c 339: See note following RCW 82.69.030.
82.08.965
82.08.965 Exemptions—Semiconductor materials
manufacturing. (Contingent effective date; contingent
expiration date.) (1) The tax levied by RCW 82.08.020 shall
not apply to charges made for labor and services rendered in
respect to the constructing of new buildings used for the manufacturing of semiconductor materials, to sales of tangible
personal property that will be incorporated as an ingredient or
component of such buildings during the course of the constructing, or to labor and services rendered in respect to
installing, during the course of constructing, building fixtures
not otherwise eligible for the exemption under RCW
82.08.02565(2)(b). The exemption is available only when
the buyer provides the seller with an exemption certificate in
a form and manner prescribed by the department. The seller
shall retain a copy of the certificate for the seller's files.
(2) To be eligible under this section the manufacturer or
processor for hire must meet the following requirements for
an eight-year period, such period beginning the day the new
building commences commercial production, or a portion of
tax otherwise due shall be immediately due and payable pursuant to subsection (3) of this section:
(a) The manufacturer or processor for hire must maintain
at least seventy-five percent of full employment at the new
building for which the exemption under this section is
claimed.
(b) Before commencing commercial production at a new
facility the manufacturer or processor for hire must meet with
the department to review projected employment levels in the
new buildings. The department, using information provided
by the taxpayer, shall make a determination of the number of
positions that would be filled at full employment. This number shall be used throughout the eight-year period to determine whether any tax is to be repaid. This information is not
subject to the confidentiality provisions of RCW 82.32.330
and may be disclosed to the public upon request.
(c) In those situations where a production building in
existence on *the effective date of this section will be phased
out of operation during which time employment at the new
building at the same site is increased, the manufacturer or
processor for hire shall maintain seventy-five percent of full
employment at the manufacturing site overall.
(d) No application is necessary for the tax exemption.
The person is subject to all the requirements of chapter 82.32
RCW. A person taking the exemption under this section
must report as required under RCW 82.32.535.
(3) If the employment requirement is not met for any one
calendar year, one-eighth of the exempt sales and use taxes
shall be due and payable by April 1st of the following year.
The department shall assess interest to the date the tax was
imposed, but not penalties, on the taxes for which the person
is not eligible.
(4) The exemption applies to new buildings, or parts of
buildings, that are used exclusively in the manufacturing of
semiconductor materials, including the storage of raw materials and finished product.
(5) For the purposes of this section:
(a) "Commencement of commercial production" is
deemed to have occurred when the equipment and process
qualifications in the new building are completed and production for sale has begun; and
(b) "Full employment" is the number of positions
required for full capacity production at the new building, for
positions such as line workers, engineers, and technicians.
(c) "Semiconductor materials" has the same meaning as
provided in RCW 82.04.240(2).
(6) No exemption may be taken after twelve years after
*the effective date of this act, however all of the eligibility
criteria and limitations are applicable to any exemptions
claimed before that date.
(7) This section expires twelve years after *the effective
date of this act. [2003 c 149 § 5.]
*Contingent effective date—Findings—Intent—2003 c 149: See
notes following RCW 82.04.426.
82.08.970
82.08.970 Exemptions—Gases and chemicals used to
manufacture semiconductor materials. (Contingent effective date; contingent expiration date.) (1) The tax levied by
RCW 82.08.020 shall not apply to sales of gases and chemicals used by a manufacturer or processor for hire in the manufacturing of semiconductor materials. This exemption is
[2003 RCW Supp—page 1055]
82.08.975
Title 82 RCW: Excise Taxes
limited to gases and chemicals used in the manufacturing
process to grow the product, deposit or grow permanent or
sacrificial layers on the product, to etch or remove material
from the product, to anneal the product, to immerse the product, to clean the product, and other such uses whereby the
gases and chemicals come into direct contact with the product during the manufacturing process, or uses of gases and
chemicals to clean the chambers and other like equipment in
which such processing takes place. For the purposes of this
section, "semiconductor materials" has the same meaning as
provided in RCW 82.04.240(2).
(2) A person taking the exemption under this section
must report under RCW 82.32.535. No application is necessary for the tax exemption. The person is subject to all of the
requirements of chapter 82.32 RCW.
(3) This section expires twelve years after *the effective
date of this act. [2003 c 149 § 7.]
*Contingent effective date—Findings—Intent—2003 c 149: See
notes following RCW 82.04.426.
the buyer provides the seller with an exemption certificate in
a form and manner prescribed by the department. The seller
shall retain a copy of the certificate for the seller's files.
(2) No application is necessary for the tax exemption in
this section, however in order to qualify under this section
before starting construction the port district must have
entered into an agreement with the manufacturer to build
such a facility. A person taking the exemption under this section is subject to all the requirements of chapter 82.32 RCW.
In addition, the person must report as required under RCW
82.32.545.
(3) The exemption in this section applies to buildings, or
parts of buildings, that are used exclusively in the manufacturing of superefficient airplanes, including buildings used
for the storage of raw materials and finished product.
(4) For the purposes of this section, "superefficient airplane" has the meaning given in RCW 82.32.550.
(5) This section expires July 1, 2024. [2003 2nd sp.s. c 1
§ 11.]
Contingent effective date—2003 2nd sp.s. c 1: See RCW 82.32.550.
82.08.975
82.08.975 Exemptions—Computer parts and software related to the manufacture of commercial airplanes.
(Contingent effective date; expires July 1, 2024.) (1) The
tax levied by RCW 82.08.020 shall not apply to sales of computer hardware, computer peripherals, or software, not otherwise eligible for exemption under RCW 82.08.02565, to a
manufacturer or processor for hire of commercial airplanes or
components of such airplanes, used primarily in the development, design, and engineering of such products, or to sales of
or charges made for labor and services rendered in respect to
installing the computer hardware, computer peripherals, or
software. The exemption is available only when the buyer
provides the seller with an exemption certificate in a form
and manner prescribed by the department. The seller shall
retain a copy of the certificate for the seller's files.
(2) As used in this section, "commercial airplane" and
"component" have the meanings given in RCW 82.32.550.
"Peripherals" includes keyboards, monitors, mouse devices,
and other accessories that operate outside of the computer,
excluding cables, conduit, wiring, and other similar property.
(3) This section expires July 1, 2024. [2003 2nd sp.s. c 1
§ 9.]
Contingent effective date—2003 2nd sp.s. c 1: See RCW 82.32.550.
Finding—2003 2nd sp.s. c 1: See note following RCW 82.04.4461.
Chapter 82.12
Sections
82.12.010
82.12.010
82.12.020
82.12.020
82.12.0251
82.12.0252
82.12.0254
82.12.0255
82.12.02565
82.12.02566
Finding—2003 2nd sp.s. c 1: See note following RCW 82.04.4461.
82.08.980
82.08.980 Exemptions—Labor, services, and personal property related to the manufacture of superefficient airplanes. (Contingent effective date; expires July 1,
2024.) (1) The tax levied by RCW 82.08.020 shall not apply
to charges made for labor and services rendered in respect to
the constructing of new buildings by a manufacturer engaged
in the manufacturing of superefficient airplanes or by a port
district, to be leased to a manufacturer engaged in the manufacturing of superefficient airplanes, to sales of tangible personal property that will be incorporated as an ingredient or
component of such buildings during the course of the constructing, or to labor and services rendered in respect to
installing, during the course of constructing, building fixtures
not otherwise eligible for the exemption under RCW
82.08.02565(2)(b). The exemption is available only when
[2003 RCW Supp—page 1056]
Chapter 82.12 RCW
USE TAX
82.12.02567
82.12.0259
82.12.02595
82.12.0275
82.12.0277
82.12.0277
82.12.0279
82.12.0284
82.12.0293
Definitions. (Effective until July 1, 2004.)
Definitions. (Effective July 1, 2004.)
Use tax imposed. (Effective until July 1, 2004.)
Use tax imposed. (Effective July 1, 2004.)
Exemptions—Use by nonresident while temporarily within
Washington of tangible personal property brought into
Washington—Use by nonresident of motor vehicle or
trailer licensed in another state—Use by resident or nonresident member of armed forces of household goods, personal effects, and private motor vehicles acquired in
another state while a resident—"State" defined.
Repealed.
Exemptions—Use of airplanes, locomotives, railroad cars, or
watercraft used in interstate or foreign commerce or outside state's territorial waters—Components—Use of
motor vehicle or trailer in the transportation of persons or
property across state boundaries—Conditions—Use of
motor vehicle or trailer under one-transit permit to point
outside state.
Exemptions—Nontaxable tangible personal property.
Exemptions—Machinery and equipment used for manufacturing, research and development, or a testing operation.
Exemptions—Use of tangible personal property incorporated
in prototype for aircraft parts, auxiliary equipment, and
aircraft modification—Limitations on yearly exemption.
(Effective July 1, 2004.)
Exemptions—Use of machinery and equipment used in generating electricity. (Expires June 30, 2009.)
Exemptions—Use of tangible personal property by federal
corporations providing aid and relief.
Exemptions—Use of donated tangible personal property by
nonprofit organization or governmental entity or for purpose donated—Use of related property.
Exemptions—Use of certain drugs or family planning
devices. (Effective July 1, 2004.)
Exemptions—Use of certain medical items. (Effective until
July 1, 2004.)
Exemptions—Certain medical items. (Effective July 1,
2004.)
Exemptions—Use of ferry vessels by the state or local governmental units—Components thereof.
Exemptions—Use of computers or computer components,
accessories, or software donated to schools or colleges.
(Effective July 1, 2004.)
Exemptions—Use of food and food ingredients. (Effective
January 1, 2004.)
Use Tax
82.12.0315
82.12.040
82.12.040
82.12.045
82.12.060
82.12.810
82.12.820
82.12.840
82.12.890
82.12.900
82.12.925
82.12.930
82.12.935
82.12.940
82.12.945
82.12.950
82.12.955
82.12.960
82.12.965
82.12.970
82.12.975
82.12.980
82.12.010
Exemptions—Rental or sales related to motion picture or
video productions—Exceptions.
Retailers to collect tax—Penalty—Contingent expiration of
subsection. (Effective until July 1, 2004.)
Retailers to collect tax—Penalty—Contingent expiration of
subsection. (Effective July 1, 2004.)
Collection of tax on motor vehicles by county auditor or
director of licensing—Remittance.
Installment sales or leases. (Effective July 1, 2004.)
Exemptions—Air pollution control facilities at a thermal
electric generation facility—Exceptions—Payments on
cessation of operation.
Exemptions—Warehouse and grain elevators and distribution centers.
Exemptions—Machinery, equipment, or structures that
reduce field burning. (Expires January 1, 2006.)
Exemptions—Dairy nutrient management equipment and
facilities.
Exemptions—Anaerobic digesters.
Exemptions—Dietary supplements. (Effective January 1,
2004.)
Exemptions—Watershed protection or flood prevention.
Exemptions—Disposable devices used to deliver prescription drugs for human use. (Effective July 1, 2004.)
Exemptions—Over-the-counter drugs for human use. (Effective July 1, 2004.)
Exemptions—Kidney dialysis devices. (Effective July 1,
2004.)
Exemptions—Steam, electricity, electrical energy. (Effective
July 1, 2004.)
Exemptions—Use of machinery, equipment, vehicles, and
services related to biodiesel or alcohol fuel blend.
(Expires July 1, 2009.)
Exemptions—Use of machinery, equipment, vehicles, and
services related to wood biomass fuel blend. (Expires July
1, 2009.)
Exemptions—Semiconductor materials manufacturing.
(Contingent effective date; contingent expiration date.)
Exemptions—Gases and chemicals used to manufacture
semiconductor materials. (Contingent effective date; contingent expiration date.)
Computer parts and software related to the manufacture of
commercial airplanes. (Contingent effective date; expires
July 1, 2024.)
Exemptions—Labor, services, and personal property related
to the manufacture of superefficient airplanes. (Contingent effective date; expires July 1, 2024.)
82.12.010 Definitions. (Effective until July 1, 2004.)
For the purposes of this chapter:
(1)(a) "Value of the article used" shall mean the consideration, whether money, credit, rights, or other property
except trade-in property of like kind, expressed in terms of
money, paid or given or contracted to be paid or given by the
purchaser to the seller for the article of tangible personal
property, the use of which is taxable under this chapter. The
term includes the amount of any freight, delivery, or other
like transportation charge paid or given by the purchaser to
the seller with respect to the purchase of such article. The
term also includes, in addition to the consideration paid or
given or contracted to be paid or given, the amount of any tariff or duty paid with respect to the importation of the article
used. In case the article used is acquired by lease or by gift or
is extracted, produced, or manufactured by the person using
the same or is sold under conditions wherein the purchase
price does not represent the true value thereof, the value of
the article used shall be determined as nearly as possible
according to the retail selling price at place of use of similar
products of like quality and character under such rules as the
department of revenue may prescribe.
(b) In case the articles used are acquired by bailment, the
value of the use of the articles so used shall be in an amount
representing a reasonable rental for the use of the articles so
bailed, determined as nearly as possible according to the
82.12.010
value of such use at the places of use of similar products of
like quality and character under such rules as the department
of revenue may prescribe. In case any such articles of tangible personal property are used in respect to the construction,
repairing, decorating, or improving of, and which become or
are to become an ingredient or component of, new or existing
buildings or other structures under, upon, or above real property of or for the United States, any instrumentality thereof,
or a county or city housing authority created pursuant to
chapter 35.82 RCW, including the installing or attaching of
any such articles therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation, then the value of the use of such articles so used shall
be determined according to the retail selling price of such
articles, or in the absence of such a selling price, as nearly as
possible according to the retail selling price at place of use of
similar products of like quality and character or, in the
absence of either of these selling price measures, such value
may be determined upon a cost basis, in any event under such
rules as the department of revenue may prescribe.
(c) In the case of articles owned by a user engaged in
business outside the state which are brought into the state for
no more than one hundred eighty days in any period of three
hundred sixty-five consecutive days and which are temporarily used for business purposes by the person in this state,
the value of the article used shall be an amount representing a
reasonable rental for the use of the articles, unless the person
has paid tax under this chapter or chapter 82.08 RCW upon
the full value of the article used, as defined in (a) of this subsection.
(d) In the case of articles manufactured or produced by
the user and used in the manufacture or production of products sold or to be sold to the department of defense of the
United States, the value of the articles used shall be determined according to the value of the ingredients of such articles.
(e) In the case of an article manufactured or produced for
purposes of serving as a prototype for the development of a
new or improved product, the value of the article used shall
be determined by: (i) The retail selling price of such new or
improved product when first offered for sale; or (ii) the value
of materials incorporated into the prototype in cases in which
the new or improved product is not offered for sale.
(f) In the case of an article purchased with a direct pay
permit under RCW 82.32.087, the value of the article used
shall be determined by the retail selling price, as defined in
RCW 82.08.010, of such article if but for the use of the direct
pay permit the transaction would have been subject to sales
tax;
(2) "Value of the service used" means the consideration,
whether money, credit, rights, or other property, expressed in
terms of money, paid or given or contracted to be paid or
given by the purchaser to the seller for the service, the use of
which is taxable under this chapter. If the service is received
by gift or under conditions wherein the purchase price does
not represent the true value thereof, the value of the service
used shall be determined as nearly as possible according to
the retail selling price at place of use of similar services of
like quality and character under rules the department of revenue may prescribe;
[2003 RCW Supp—page 1057]
82.12.010
Title 82 RCW: Excise Taxes
(3) "Use," "used," "using," or "put to use" shall have
their ordinary meaning, and shall mean:
(a) With respect to tangible personal property, the first
act within this state by which the taxpayer takes or assumes
dominion or control over the article of tangible personal
property (as a consumer), and include installation, storage,
withdrawal from storage, distribution, or any other act preparatory to subsequent actual use or consumption within this
state; and
(b) With respect to a service defined in RCW
82.04.050(2)(a), the first act within this state after the service
has been performed by which the taxpayer takes or assumes
dominion or control over the article of tangible personal
property upon which the service was performed (as a consumer), and include installation, storage, withdrawal from
storage, distribution, or any other act preparatory to subsequent actual use or consumption of the article within this
state;
(4) "Taxpayer" and "purchaser" include all persons
included within the meaning of the word "buyer" and the
word "consumer" as defined in chapters 82.04 and 82.08
RCW;
(5) "Retailer" means every seller as defined in RCW
82.08.010 and every person engaged in the business of selling tangible personal property at retail and every person
required to collect from purchasers the tax imposed under
this chapter;
(6) The meaning ascribed to words and phrases in chapters 82.04 and 82.08 RCW, insofar as applicable, shall have
full force and effect with respect to taxes imposed under the
provisions of this chapter. "Consumer," in addition to the
meaning ascribed to it in chapters 82.04 and 82.08 RCW
insofar as applicable, shall also mean any person who distributes or displays, or causes to be distributed or displayed, any
article of tangible personal property, except newspapers, the
primary purpose of which is to promote the sale of products
or services. With respect to property distributed to persons
within this state by a consumer as defined in this subsection
(6), the use of the property shall be deemed to be by such consumer. [2003 c 5 § 1; 2002 c 367 § 3; 2001 c 188 § 3; 1994 c
93 § 1. Prior: 1985 c 222 § 1; 1985 c 132 § 1; 1983 1st ex.s.
c 55 § 2; 1975-'76 2nd ex.s. c 1 § 1; 1975 1st ex.s. c 278 § 52;
1965 ex.s. c 173 § 17; 1961 c 293 § 15; 1961 c 15 §
82.12.010; prior: 1955 c 389 § 24; 1951 1st ex.s. c 9 § 3;
1949 c 228 § 9; 1945 c 249 § 8; 1943 c 156 § 10; 1939 c 225
§ 18; 1937 c 191 § 4; 1935 c 180 § 35; Rem. Supp. 1949 §
8370-35.]
Finding—Intent—Retroactive application—2003 c 5: "The legislature finds that in the enactment of chapter 367, Laws of 2002, some use tax
exemptions were not updated to reflect the change in taxability regarding
services. It is the legislature's intent to correct this omission by amending the
various use tax exemptions so that services exempt from the sales tax are also
exempt from the use tax. Sections 1 through 19 of this act apply retroactively
to June 1, 2002. The department of revenue shall refund any use taxes paid
and forgive use taxes unpaid as a result of the omission." [2003 c 5 § 20.]
Effective date—2003 c 5: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 18, 2003]." [2003 c 5 § 21.]
Severability—Effective date—2002 c 367: See notes following RCW
82.04.060.
Finding—Intent—Effective date—2001 c 188: See notes following
RCW 82.32.087.
[2003 RCW Supp—page 1058]
Effective date—1994 c 93: "This act shall take effect July 1, 1994."
[1994 c 93 § 3.]
Effective dates—1983 1st ex.s. c 55: See note following RCW
82.08.010.
Application to preexisting contracts—1975-'76 2nd ex.s. c 1; 1975
1st ex.s. c 90: "In the event any person has entered into a contract prior to
July 1, 1975 or has bid upon a contract prior to July 1, 1975 and has been
awarded the contract after July 1, 1975, the additional taxes imposed by
chapter 90, Laws of 1975 1st ex. sess., section 5, chapter 291, Laws of 1975
1st ex. sess. and this 1975 amendatory act shall not be required to be paid by
such person in carrying on activities in the fulfillment of such contract."
[1975-'76 2nd ex.s. c 1 § 3; 1975 1st ex.s. c 90 § 4.]
Severability—1975-'76 2nd ex.s. c 1: "If any provision of this 1975
amendatory act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [1975-'76 2nd ex.s. c 1 § 4.]
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Effective date—1965 ex.s. c 173: See note following RCW 82.04.050.
82.12.010
82.12.010 Definitions. (Effective July 1, 2004.) For
the purposes of this chapter:
(1) "Purchase price" means the same as sales price as
defined in RCW 82.08.010.
(2)(a) "Value of the article used" shall be the purchase
price for the article of tangible personal property, the use of
which is taxable under this chapter. The term also includes,
in addition to the purchase price, the amount of any tariff or
duty paid with respect to the importation of the article used.
In case the article used is acquired by lease or by gift or is
extracted, produced, or manufactured by the person using the
same or is sold under conditions wherein the purchase price
does not represent the true value thereof, the value of the article used shall be determined as nearly as possible according
to the retail selling price at place of use of similar products of
like quality and character under such rules as the department
may prescribe.
(b) In case the articles used are acquired by bailment, the
value of the use of the articles so used shall be in an amount
representing a reasonable rental for the use of the articles so
bailed, determined as nearly as possible according to the
value of such use at the places of use of similar products of
like quality and character under such rules as the department
of revenue may prescribe. In case any such articles of tangible personal property are used in respect to the construction,
repairing, decorating, or improving of, and which become or
are to become an ingredient or component of, new or existing
buildings or other structures under, upon, or above real property of or for the United States, any instrumentality thereof,
or a county or city housing authority created pursuant to
chapter 35.82 RCW, including the installing or attaching of
any such articles therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation, then the value of the use of such articles so used shall
be determined according to the retail selling price of such
articles, or in the absence of such a selling price, as nearly as
possible according to the retail selling price at place of use of
similar products of like quality and character or, in the
absence of either of these selling price measures, such value
may be determined upon a cost basis, in any event under such
rules as the department of revenue may prescribe.
(c) In the case of articles owned by a user engaged in
business outside the state which are brought into the state for
Use Tax
no more than one hundred eighty days in any period of three
hundred sixty-five consecutive days and which are temporarily used for business purposes by the person in this state,
the value of the article used shall be an amount representing a
reasonable rental for the use of the articles, unless the person
has paid tax under this chapter or chapter 82.08 RCW upon
the full value of the article used, as defined in (a) of this subsection.
(d) In the case of articles manufactured or produced by
the user and used in the manufacture or production of products sold or to be sold to the department of defense of the
United States, the value of the articles used shall be determined according to the value of the ingredients of such articles.
(e) In the case of an article manufactured or produced for
purposes of serving as a prototype for the development of a
new or improved product, the value of the article used shall
be determined by: (i) The retail selling price of such new or
improved product when first offered for sale; or (ii) the value
of materials incorporated into the prototype in cases in which
the new or improved product is not offered for sale.
(f) In the case of an article purchased with a direct pay
permit under RCW 82.32.087, the value of the article used
shall be determined by the purchase price of such article if,
but for the use of the direct pay permit, the transaction would
have been subject to sales tax;
(3) "Value of the service used" means the purchase price
for the service, the use of which is taxable under this chapter.
If the service is received by gift or under conditions wherein
the purchase price does not represent the true value thereof,
the value of the service used shall be determined as nearly as
possible according to the retail selling price at place of use of
similar services of like quality and character under rules the
department may prescribe;
(4) "Use," "used," "using," or "put to use" shall have
their ordinary meaning, and shall mean:
(a) With respect to tangible personal property, the first
act within this state by which the taxpayer takes or assumes
dominion or control over the article of tangible personal
property (as a consumer), and include installation, storage,
withdrawal from storage, distribution, or any other act preparatory to subsequent actual use or consumption within this
state; and
(b) With respect to a service defined in RCW
82.04.050(2)(a), the first act within this state after the service
has been performed by which the taxpayer takes or assumes
dominion or control over the article of tangible personal
property upon which the service was performed (as a consumer), and include installation, storage, withdrawal from
storage, distribution, or any other act preparatory to subsequent actual use or consumption of the article within this
state;
(5) "Taxpayer" and "purchaser" include all persons
included within the meaning of the word "buyer" and the
word "consumer" as defined in chapters 82.04 and 82.08
RCW;
(6) "Retailer" means every seller as defined in RCW
82.08.010 and every person engaged in the business of selling tangible personal property at retail and every person
required to collect from purchasers the tax imposed under
this chapter;
82.12.020
(7) The meaning ascribed to words and phrases in chapters 82.04 and 82.08 RCW, insofar as applicable, shall have
full force and effect with respect to taxes imposed under the
provisions of this chapter. "Consumer," in addition to the
meaning ascribed to it in chapters 82.04 and 82.08 RCW
insofar as applicable, shall also mean any person who distributes or displays, or causes to be distributed or displayed, any
article of tangible personal property, except newspapers, the
primary purpose of which is to promote the sale of products
or services. With respect to property distributed to persons
within this state by a consumer as defined in this subsection
(7), the use of the property shall be deemed to be by such consumer. [2003 c 168 § 102; 2003 c 5 § 1; 2002 c 367 § 3; 2001
c 188 § 3; 1994 c 93 § 1. Prior: 1985 c 222 § 1; 1985 c 132
§ 1; 1983 1st ex.s. c 55 § 2; 1975-'76 2nd ex.s. c 1 § 1; 1975
1st ex.s. c 278 § 52; 1965 ex.s. c 173 § 17; 1961 c 293 § 15;
1961 c 15 § 82.12.010; prior: 1955 c 389 § 24; 1951 1st ex.s.
c 9 § 3; 1949 c 228 § 9; 1945 c 249 § 8; 1943 c 156 § 10; 1939
c 225 § 18; 1937 c 191 § 4; 1935 c 180 § 35; Rem. Supp. 1949
§ 8370-35.]
Reviser's note: This section was amended by 2003 c 5 § 1 and by 2003
c 168 § 102, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Finding—Intent—Retroactive application—2003 c 5: "The legislature finds that in the enactment of chapter 367, Laws of 2002, some use tax
exemptions were not updated to reflect the change in taxability regarding
services. It is the legislature's intent to correct this omission by amending the
various use tax exemptions so that services exempt from the sales tax are also
exempt from the use tax. Sections 1 through 19 of this act apply retroactively
to June 1, 2002. The department of revenue shall refund any use taxes paid
and forgive use taxes unpaid as a result of the omission." [2003 c 5 § 20.]
Effective date—2003 c 5: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 18, 2003]." [2003 c 5 § 21.]
Severability—Effective date—2002 c 367: See notes following RCW
82.04.060.
Finding—Intent—Effective date—2001 c 188: See notes following
RCW 82.32.087.
Effective date—1994 c 93: "This act shall take effect July 1, 1994."
[1994 c 93 § 3.]
Effective dates—1983 1st ex.s. c 55: See note following RCW
82.08.010.
Application to preexisting contracts—1975-'76 2nd ex.s. c 1; 1975
1st ex.s. c 90: "In the event any person has entered into a contract prior to
July 1, 1975 or has bid upon a contract prior to July 1, 1975 and has been
awarded the contract after July 1, 1975, the additional taxes imposed by
chapter 90, Laws of 1975 1st ex. sess., section 5, chapter 291, Laws of 1975
1st ex. sess. and this 1975 amendatory act shall not be required to be paid by
such person in carrying on activities in the fulfillment of such contract."
[1975-'76 2nd ex.s. c 1 § 3; 1975 1st ex.s. c 90 § 4.]
Severability—1975-'76 2nd ex.s. c 1: "If any provision of this 1975
amendatory act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [1975-'76 2nd ex.s. c 1 § 4.]
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Effective date—1965 ex.s. c 173: See note following RCW 82.04.050.
82.12.020
82.12.020 Use tax imposed. (Effective until July 1,
2004.) (1) There is hereby levied and there shall be collected
from every person in this state a tax or excise for the privilege
of using within this state as a consumer: (a) Any article of
[2003 RCW Supp—page 1059]
82.12.020
Title 82 RCW: Excise Taxes
tangible personal property purchased at retail, or acquired by
lease, gift, repossession, or bailment, or extracted or produced or manufactured by the person so using the same, or
otherwise furnished to a person engaged in any business taxable under RCW 82.04.280 (2) or (7); or (b) any canned software, regardless of the method of delivery, but excluding
canned software that is either provided free of charge or is
provided for temporary use in viewing information, or both.
(2) This tax shall apply to the use of every service
defined as a retail sale in RCW 82.04.050 (2)(a) or (3)(a) and
the use of every article of tangible personal property, including property acquired at a casual or isolated sale, and including byproducts used by the manufacturer thereof, except as
hereinafter provided, irrespective of whether the article or
similar articles are manufactured or are available for purchase within this state.
(3) The provisions of this chapter do not apply in respect
to the use of any article of tangible personal property or service taxable under RCW 82.04.050 (2)(a) or (3)(a) purchased
at retail or acquired by lease, gift, or bailment if the sale to, or
the use by, the present user or his bailor or donor has already
been subjected to the tax under chapter 82.08 RCW or this
chapter and the tax has been paid by the present user or by his
bailor or donor.
(4) Except as provided in this section, payment by one
purchaser or user of tangible personal property or service of
the tax imposed by chapter 82.08 or 82.12 RCW shall not
have the effect of exempting any other purchaser or user of
the same property or service from the taxes imposed by such
chapters. If the sale to, or the use by, the present user or his
or her bailor or donor has already been subjected to the tax
under chapter 82.08 RCW or this chapter and the tax has been
paid by the present user or by his or her bailor or donor; or in
respect to the use of property acquired by bailment and the
tax has once been paid based on reasonable rental as determined by RCW 82.12.060 measured by the value of the article at time of first use multiplied by the tax rate imposed by
chapter 82.08 RCW or this chapter as of the time of first use;
or in respect to the use of any article of tangible personal
property acquired by bailment, if the property was acquired
by a previous bailee from the same bailor for use in the same
general activity and the original bailment was prior to June 9,
1961, the tax imposed by this chapter does not apply.
(5) The tax shall be levied and collected in an amount
equal to the value of the article used or value of the service
used by the taxpayer multiplied by the rates in effect for the
retail sales tax under RCW 82.08.020. [2003 c 361 § 302;
2003 c 5 § 2; 2002 c 367 § 4; 1999 c 358 § 9; 1998 c 332 § 7;
1996 c 148 § 5; 1994 c 93 § 2; 1983 c 7 § 7; 1981 2nd ex.s. c
8 § 2; 1980 c 37 § 79; 1977 ex.s. c 324 § 3; 1975-'76 2nd ex.s.
c 130 § 2; 1975-'76 2nd ex.s. c 1 § 2; 1971 ex.s. c 281 § 10;
1969 ex.s. c 262 § 32; 1967 ex.s. c 149 § 22; 1965 ex.s. c 173
§ 18; 1961 c 293 § 9; 1961 c 15 § 82.12.020. Prior: 1959
ex.s. c 3 § 10; 1955 ex.s. c 10 § 3; 1955 c 389 § 25; 1949 c
228 § 7; 1943 c 156 § 8; 1941 c 76 § 6; 1939 c 225 § 14; 1937
c 191 § 1; 1935 c 180 § 31; Rem. Supp. 1949 § 8370-31.]
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Finding—Intent—Retroactive application—Effective date—2003 c
5: See notes following RCW 82.12.010.
[2003 RCW Supp—page 1060]
Severability—Effective date—2002 c 367: See notes following RCW
82.04.060.
Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW
82.04.3651.
Findings—Intent—Effective date—1998 c 332: See notes following
RCW 82.04.29001.
Severability—Effective date—1996 c 148: See notes following RCW
82.04.050.
Effective date—1994 c 93: See note following RCW 82.12.010.
Construction—Severability—Effective dates—1983 c 7: See notes
following RCW 82.08.020.
Intent—1980 c 37: See note following RCW 82.04.4281.
Effective date—1975-'76 2nd ex.s. c 130: See note following RCW
82.08.020.
Application to preexisting contracts—1975-'76 2nd ex.s. c 1: See
note following RCW 82.12.010.
Severability—1975-'76 2nd ex.s. c 1: See note following RCW
82.12.010.
High capacity transportation systems—Sales and use tax: RCW 81.104.170.
82.12.020
82.12.020 Use tax imposed. (Effective July 1, 2004.)
(1) There is hereby levied and there shall be collected from
every person in this state a tax or excise for the privilege of
using within this state as a consumer: (a) Any article of tangible personal property purchased at retail, or acquired by
lease, gift, repossession, or bailment, or extracted or produced or manufactured by the person so using the same, or
otherwise furnished to a person engaged in any business taxable under RCW 82.04.280 (2) or (7); or (b) any prewritten
computer software, regardless of the method of delivery, but
excluding prewritten computer software that is either provided free of charge or is provided for temporary use in viewing information, or both.
(2) This tax shall apply to the use of every service
defined as a retail sale in RCW 82.04.050 (2)(a) or (3)(a) and
the use of every article of tangible personal property, including property acquired at a casual or isolated sale, and including byproducts used by the manufacturer thereof, except as
hereinafter provided, irrespective of whether the article or
similar articles are manufactured or are available for purchase within this state.
(3) The provisions of this chapter do not apply in respect
to the use of any article of tangible personal property or service taxable under RCW 82.04.050 (2)(a) or (3)(a) purchased
at retail or acquired by lease, gift, or bailment if the sale to, or
the use by, the present user or his bailor or donor has already
been subjected to the tax under chapter 82.08 RCW or this
chapter and the tax has been paid by the present user or by his
bailor or donor.
(4) Except as provided in this section, payment by one
purchaser or user of tangible personal property or service of
the tax imposed by chapter 82.08 or 82.12 RCW shall not
have the effect of exempting any other purchaser or user of
the same property or service from the taxes imposed by such
chapters. If the sale to, or the use by, the present user or his
or her bailor or donor has already been subjected to the tax
under chapter 82.08 RCW or this chapter and the tax has been
paid by the present user or by his or her bailor or donor; or in
respect to the use of property acquired by bailment and the
tax has once been paid based on reasonable rental as determined by RCW 82.12.060 measured by the value of the article at time of first use multiplied by the tax rate imposed by
Use Tax
82.12.0254
Finding—Intent—Retroactive application—Effective date—2003 c
5: See notes following RCW 82.12.010.
"State" defined. The provisions of this chapter shall not
apply in respect to the use:
(1) Of any article of tangible personal property, and services that were rendered in respect to such property, brought
into the state of Washington by a nonresident thereof for his
or her use or enjoyment while temporarily within the state of
Washington unless such property is used in conducting a
nontransitory business activity within the state of Washington;
(2) By a nonresident of Washington of a motor vehicle or
trailer which is registered or licensed under the laws of the
state of his or her residence, and which is not required to be
registered or licensed under the laws of Washington, including motor vehicles or trailers exempt pursuant to a declaration issued by the department of licensing under RCW
46.85.060, and services rendered outside the state of Washington in respect to such property;
(3) Of household goods, personal effects, and private
motor vehicles, and services rendered in respect to such property, by a bona fide resident of Washington, or nonresident
members of the armed forces who are stationed in Washington pursuant to military orders, if such articles and services
were acquired and used by such person in another state while
a bona fide resident thereof and such acquisition and use
occurred more than ninety days prior to the time he or she
entered Washington. For purposes of this subsection, private
motor vehicles does [do] not include motor homes.
(4) For purposes of this section, "state" means a state of
the United States, any political subdivision thereof, the District of Columbia, and any foreign country or political subdivision thereof, and "services" means services defined as retail
sales in RCW 82.04.050(2)(a). [2003 c 5 § 18; 1997 c 301 §
1; 1987 c 27 § 1; 1985 c 353 § 4; 1983 c 26 § 2; 1980 c 37 §
51. Formerly RCW 82.12.030(1).]
Severability—Effective date—2002 c 367: See notes following RCW
82.04.060.
Finding—Intent—Retroactive application—Effective date—2003 c
5: See notes following RCW 82.12.010.
chapter 82.08 RCW or this chapter as of the time of first use;
or in respect to the use of any article of tangible personal
property acquired by bailment, if the property was acquired
by a previous bailee from the same bailor for use in the same
general activity and the original bailment was prior to June 9,
1961, the tax imposed by this chapter does not apply.
(5) The tax shall be levied and collected in an amount
equal to the value of the article used or value of the service
used by the taxpayer multiplied by the rates in effect for the
retail sales tax under RCW 82.08.020, except in the case of a
seller required to collect use tax from the purchaser, the tax
shall be collected in an amount equal to the purchase price
multiplied by the rate in effect for the retail sales tax under
RCW 82.08.020. [2003 c 361 § 302; 2003 c 168 § 214; 2003
c 5 § 2; 2002 c 367 § 4; 1999 c 358 § 9; 1998 c 332 § 7; 1996
c 148 § 5; 1994 c 93 § 2; 1983 c 7 § 7; 1981 2nd ex.s. c 8 § 2;
1980 c 37 § 79; 1977 ex.s. c 324 § 3; 1975-'76 2nd ex.s. c 130
§ 2; 1975-'76 2nd ex.s. c 1 § 2; 1971 ex.s. c 281 § 10; 1969
ex.s. c 262 § 32; 1967 ex.s. c 149 § 22; 1965 ex.s. c 173 § 18;
1961 c 293 § 9; 1961 c 15 § 82.12.020. Prior: 1959 ex.s. c 3
§ 10; 1955 ex.s. c 10 § 3; 1955 c 389 § 25; 1949 c 228 § 7;
1943 c 156 § 8; 1941 c 76 § 6; 1939 c 225 § 14; 1937 c 191 §
1; 1935 c 180 § 31; Rem. Supp. 1949 § 8370-31.]
Reviser's note: This section was amended by 2003 c 168 § 214 and by
2003 c 361 § 302, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective dates—2003 c 361: See note following RCW 82.08.020.
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW
82.04.3651.
Findings—Intent—Effective date—1998 c 332: See notes following
RCW 82.04.29001.
Severability—Effective date—1996 c 148: See notes following RCW
82.04.050.
Effective date—1994 c 93: See note following RCW 82.12.010.
Construction—Severability—Effective dates—1983 c 7: See notes
following RCW 82.08.020.
Intent—1980 c 37: See note following RCW 82.04.4281.
Effective date—1975-'76 2nd ex.s. c 130: See note following RCW
82.08.020.
Application to preexisting contracts—1975-'76 2nd ex.s. c 1: See
note following RCW 82.12.010.
Severability—1975-'76 2nd ex.s. c 1: See note following RCW
82.12.010.
High capacity transportation systems—Sales and use tax: RCW 81.104.170.
82.12.0251
82.12.0251 Exemptions—Use by nonresident while
temporarily within Washington of tangible personal
property brought into Washington—Use by nonresident
of motor vehicle or trailer licensed in another state—Use
by resident or nonresident member of armed forces of
household goods, personal effects, and private motor
vehicles acquired in another state while a resident—
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.0252
82.12.0252 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
82.12.0254
82.12.0254 Exemptions—Use of airplanes, locomotives, railroad cars, or watercraft used in interstate or foreign commerce or outside state's territorial waters—
Components—Use of motor vehicle or trailer in the transportation of persons or property across state boundaries—Conditions—Use of motor vehicle or trailer under
one-transit permit to point outside state. (1) The provisions of this chapter shall not apply in respect to the use of
any airplane, locomotive, railroad car, or watercraft used primarily in conducting interstate or foreign commerce by transporting therein or therewith property and persons for hire or
used primarily in commercial deep sea fishing operations
outside the territorial waters of the state, and in respect to use
of tangible personal property which becomes a component
part of any such airplane, locomotive, railroad car, or watercraft in the course of repairing, cleaning, altering, or improving the same; also the use of labor and services rendered in
respect to such repairing, cleaning, altering, or improving.
(2) The provisions of this chapter shall not apply in
respect to the use by a nonresident of this state of any motor
[2003 RCW Supp—page 1061]
82.12.0255
Title 82 RCW: Excise Taxes
vehicle or trailer used exclusively in transporting persons or
property across the boundaries of this state and in intrastate
operations incidental thereto when such motor vehicle or
trailer is registered and licensed in a foreign state and in
respect to the use by a nonresident of this state of any motor
vehicle or trailer so registered and licensed and used within
this state for a period not exceeding fifteen consecutive days
under such rules as the department of revenue shall adopt:
PROVIDED, That under circumstances determined to be justifiable by the department of revenue a second fifteen day
period may be authorized consecutive with the first fifteen
day period; and for the purposes of this exemption the term
"nonresident" as used herein, shall include a user who has one
or more places of business in this state as well as in one or
more other states, but the exemption for nonresidents shall
apply only to those vehicles which are most frequently dispatched, garaged, serviced, maintained, and operated from
the user's place of business in another state.
(3) The provisions of this chapter shall not apply in
respect to the use by the holder of a carrier permit issued by
the Interstate Commerce Commission or its successor agency
of any motor vehicle or trailer whether owned by or leased
with or without driver to the permit holder and used in substantial part in the normal and ordinary course of the user's
business for transporting therein persons or property for hire
across the boundaries of this state; and in respect to the use of
any motor vehicle or trailer while being operated under the
authority of a one-transit permit issued by the director of
licensing pursuant to RCW 46.16.160 and moving upon the
highways from the point of delivery in this state to a point
outside this state; and in respect to the use of tangible personal property which becomes a component part of any
motor vehicle or trailer used by the holder of a carrier permit
issued by the Interstate Commerce Commission or its successor agency authorizing transportation by motor vehicle across
the boundaries of this state whether such motor vehicle or
trailer is owned by or leased with or without driver to the permit holder, in the course of repairing, cleaning, altering, or
improving the same; also the use of labor and services rendered in respect to such repairing, cleaning, altering, or
improving. [2003 c 5 § 3; 1998 c 311 § 7; 1995 c 63 § 2; 1980
c 37 § 54. Formerly RCW 82.12.030(4).]
Finding—Intent—Retroactive application—Effective date—2003 c
5: See notes following RCW 82.12.010.
Effective date—1995 c 63: See note following RCW 82.08.0263.
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.0255
82.12.0255 Exemptions—Nontaxable tangible personal property. The provisions of this chapter shall not
apply in respect to the use of any article of tangible personal
property or service which the state is prohibited from taxing
under the Constitution of the state or under the Constitution
or laws of the United States. [2003 c 5 § 4; 1980 c 37 § 55.
Formerly RCW 82.12.030(5).]
Finding—Intent—Retroactive application—Effective date—2003 c
5: See notes following RCW 82.12.010.
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.02565
82.12.02565 Exemptions—Machinery and equipment used for manufacturing, research and development,
or a testing operation. The provisions of this chapter shall
[2003 RCW Supp—page 1062]
not apply in respect to the use by a manufacturer or processor
for hire of machinery and equipment used directly in a manufacturing operation or research and development operation,
to the use by a person engaged in testing for a manufacturer
or processor for hire of machinery and equipment used
directly in a testing operation, or to the use of labor and services rendered in respect to installing, repairing, cleaning,
altering, or improving the machinery and equipment. [2003 c
5 § 5; 1999 c 211 § 6; 1998 c 330 § 2; 1996 c 247 § 3; 1995
1st sp.s. c 3 § 3.]
Finding—Intent—Retroactive application—Effective date—2003 c
5: See notes following RCW 82.12.010.
Finding—Intent—1999 c 211: See note following RCW 82.08.02565.
F ind ing s— Inte nt— 1 996 c 24 7: See n ot e fol l ow i ng RC W
82.08.02566.
Findings—Effective date—1995 1st sp.s. c 3: See notes following
RCW 82.08.02565.
82.12.02566
82.12.02566 Exemptions—Use of tangible personal
property incorporated in prototype for aircraft parts,
auxiliary equipment, and aircraft modification—Limitations on yearly exemption. (Effective July 1, 2004.) (1)
The provisions of this chapter shall not apply with respect to
the use of tangible personal property incorporated into a prototype for aircraft parts, auxiliary equipment, or modifications; or in respect to the use of tangible personal property
that at one time is incorporated into the prototype but is later
destroyed in the testing or development of the prototype.
(2) This exemption does not apply in respect to the use of
tangible personal property by any person whose total taxable
amount during the immediately preceding calendar year
exceeds twenty million dollars. For purposes of this section,
"total taxable amount" means gross income of the business
and value of products manufactured, less any amounts for
which a credit is allowed under RCW 82.04.440.
(3) State and local taxes for which an exemption is
received under this section and RCW 82.08.02566 shall not
exceed one hundred thousand dollars for any person during
any calendar year.
(4) Sellers obligated to collect use tax shall collect tax on
sales subject to this exemption. The buyer shall apply for a
refund directly from the department. [2003 c 168 § 209; 1997
c 302 § 2; 1996 c 247 § 5.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Effective date—1997 c 302: See note following RCW 82.08.02566.
F ind ing s— Inte nt— 1 996 c 24 7: See n ot e fol l ow i ng RC W
82.08.02566.
82.12.02567
82.12.02567 Exemptions—Use of machinery and
equipment used in generating electricity. (Expires June
30, 2009.) (1) The provisions of this chapter shall not apply
with respect to machinery and equipment used directly in
generating not less than two hundred watts of electricity
using wind, sun, or landfill gas as the principal source of
power, or to the use of labor and services rendered in respect
to installing such machinery and equipment.
(2) The definitions in RCW 82.08.02567 apply to this
section.
Use Tax
82.12.0277
82.12.0275
(3) This section expires June 30, 2009. [2003 c 5 § 6;
2001 c 213 § 2; 1999 c 358 § 10; 1998 c 309 § 2; 1996 c 166
§ 2.]
Finding—Intent—Retroactive application—Effective date—2003 c
5: See notes following RCW 82.12.010.
Effective date—2001 c 213: See note following RCW 82.08.02567.
Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW
82.04.3651.
Effective date—1998 c 309: See note following RCW 82.08.02567.
Effective date—1996 c 166: See note following RCW 82.08.02567.
82.12.0259
82.12.0259 Exemptions—Use of tangible personal
property by federal corporations providing aid and relief.
The provisions of this chapter shall not apply in respect to the
use of tangible personal property or the use of services
defined in RCW 82.04.050(2)(a) by corporations which have
been incorporated under any act of the congress of the United
States and whose principal purposes are to furnish volunteer
aid to members of the armed forces of the United States and
also to carry on a system of national and international relief
and to apply the same in mitigating the sufferings caused by
pestilence, famine, fire, flood, and other national calamities
and to devise and carry on measures for preventing the same.
[2003 c 5 § 7; 1980 c 37 § 59. Formerly RCW 82.12.030(9).]
Finding—Intent—Retroactive application—Effective date—2003 c
5: See notes following RCW 82.12.010.
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.02595
82.12.02595 Exemptions—Use of donated tangible
personal property by nonprofit organization or governmental entity or for purpose donated—Use of related
property. (1) This chapter does not apply to the use by a
nonprofit charitable organization or state or local governmental entity of any item of tangible personal property that has
been donated to the nonprofit charitable organization or state
or local governmental entity, or to the subsequent use of the
property by a person to whom the property is donated or
bailed in furtherance of the purpose for which the property
was originally donated.
(2) This chapter does not apply to the donation of tangible personal property without intervening use to a nonprofit
charitable organization, or to the incorporation of tangible
personal property without intervening use into real or personal property of or for a nonprofit charitable organization in
the course of installing, repairing, cleaning, altering, imprinting, improving, constructing, or decorating the real or personal property for no charge.
(3) This chapter does not apply to the use by a nonprofit
charitable organization of labor and services rendered in
respect to installing, repairing, cleaning, altering, imprinting,
or improving personal property provided to the charitable
organization at no charge, or to the donation of such services.
[2003 c 5 § 11; 1998 c 182 § 1; 1995 c 201 § 1.]
Finding—Intent—Retroactive application—Effective date—2003 c
5: See notes following RCW 82.12.010.
Effective date—1995 c 201: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 1, 1995]." [1995 c 201 § 2.]
82.12.0275 Exemptions—Use of certain drugs or
family planning devices. (Effective July 1, 2004.) (1) The
provisions of this chapter shall not apply in respect to the use
of drugs dispensed or to be dispensed to patients, pursuant to
a prescription, if the drugs are for human use.
(2) The provisions of this chapter shall not apply in
respect to the use of drugs or devices used for family planning purposes, including the prevention of conception, for
human use dispensed or to be dispensed to patients, pursuant
to a prescription.
(3) The provisions of this chapter shall not apply in
respect to the use of drugs or devices used for family planning purposes, including the prevention of conception, for
human use supplied by a family planning clinic that is under
contract with the department of health to provide family planning services.
(4) As used in this section, "prescription" and "drug"
have the same meanings as in RCW 82.08.0281. [2003 c 168
§ 406; 1993 sp.s. c 25 § 309; 1980 c 37 § 73. Formerly RCW
82.12.030(23).]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Finding—1993 sp.s. c 25: See note following RCW 82.08.0281.
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.0277
82.12.0277 Exemptions—Use of certain medical
items. (Effective until July 1, 2004.) The provisions of this
chapter shall not apply in respect to the use of insulin; prosthetic devices and the components thereof; dental appliances,
devices, restorations, and substitutes, and the components
thereof, including but not limited to full and partial dentures,
crowns, inlays, fillings, braces, and retainers; orthotic devices
prescribed for an individual by a person licensed under chapters 18.22, 18.25, 18.57, or 18.71 RCW; hearing instruments
dispensed or fitted by a person licensed or certified under
chapter 18.35 RCW, and the components thereof; medicines
of mineral, animal, and botanical origin prescribed, administered, dispensed, or used in the treatment of an individual by
a person licensed under chapter 18.36A RCW; ostomic items;
and medically prescribed oxygen, including, but not limited
to, oxygen concentrator systems, oxygen enricher systems,
liquid oxygen systems, and gaseous, bottled oxygen systems
prescribed for an individual by a person licensed under chapter 18.57 or 18.71 RCW for use in the medical treatment of
that individual. In addition, the provisions of this chapter
shall not apply in respect to the use of labor and services rendered in respect to the repairing, cleaning, altering, or
improving of any of the items exempted under this section.
[2003 c 5 § 8; 2001 c 75 § 2; 1998 c 168 § 3; 1997 c 224 § 2;
1996 c 162 § 2; 1991 c 250 § 3; 1986 c 255 § 2; 1980 c 86 §
2; 1980 c 37 § 75. Formerly RCW 82.12.030(25).]
Finding—Intent—Retroactive application—Effective date—2003 c
5: See notes following RCW 82.12.010.
Effective date—2001 c 75: See note following RCW 82.08.0283.
Effective date—1998 c 168: See note following RCW 82.04.120.
Effective date—1997 c 224: See note following RCW 82.08.0283.
Effective date—1996 c 162: See note following RCW 82.08.0283.
Finding—Intent—1991 c 250: See note following RCW 82.08.0283.
Effective date—1986 c 255: See note following RCW 82.08.0283.
[2003 RCW Supp—page 1063]
82.12.0277
Title 82 RCW: Excise Taxes
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.0277
82.12.0277 Exemptions—Certain medical items.
(Effective July 1, 2004.) (1) The provisions of this chapter
shall not apply in respect to the use of prosthetic devices prescribed for an individual by a person licensed under chapter
18.22, 18.25, 18.57, or 18.71 RCW; medicines of mineral,
animal, and botanical origin administered, dispensed, or used
in the treatment of an individual by a person licensed under
chapter 18.36A RCW; and medically prescribed oxygen,
including, but not limited to, oxygen concentrator systems,
oxygen enricher systems, liquid oxygen systems, and gaseous, bottled oxygen systems prescribed for an individual by
a person licensed under chapter 18.57 or 18.71 RCW for use
in the medical treatment of that individual. In addition, the
provisions of this chapter shall not apply in respect to the use
of labor and services rendered in respect to the repairing,
cleaning, altering, or improving of any of the items exempted
under this section.
(2) The exemption provided by subsection (1) of this
section shall not apply to the use of durable medical equipment or mobility enhancing equipment.
(3) "Prosthetic device," "durable medical equipment,"
and "mobility enhancing equipment" have the same meanings as in RCW 82.08.0283. [2003 c 168 § 412; 2003 c 5 § 8;
2001 c 75 § 2; 1998 c 168 § 3; 1997 c 224 § 2; 1996 c 162 §
2; 1991 c 250 § 3; 1986 c 255 § 2; 1980 c 86 § 2; 1980 c 37 §
75. Formerly RCW 82.12.030(25).]
Reviser's note: This section was amended by 2003 c 5 § 8 and by 2003
c 168 § 412, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Finding—Intent—Retroactive application—Effective date—2003 c
5: See notes following RCW 82.12.010.
Effective date—2001 c 75: See note following RCW 82.08.0283.
Effective date—1998 c 168: See note following RCW 82.04.120.
Effective date—1997 c 224: See note following RCW 82.08.0283.
Effective date—1996 c 162: See note following RCW 82.08.0283.
schools or colleges. (Effective July 1, 2004.) The provisions of this chapter shall not apply in respect to the use of
computers, computer components, computer accessories, or
computer software irrevocably donated to any public or private nonprofit school or college, as defined under chapter
84.36 RCW, in this state. For purposes of this section, "computer" has the same meaning as in RCW 82.04.215. [2003 c
168 § 603; 1983 1st ex.s. c 55 § 7.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Effective dates—1983 1st ex.s. c 55: See note following RCW
82.08.010.
82.12.0293
82.12.0293 Exemptions—Use of food and food ingredients. (Effective January 1, 2004.) (1) The provisions of
this chapter shall not apply in respect to the use of food and
food ingredients for human consumption. "Food and food
ingredients" has the same meaning as in RCW 82.08.0293.
(2) The exemption of "food and food ingredients" provided for in subsection (1) of this section shall not apply to
prepared food, soft drinks, or dietary supplements. "Prepared
food," "soft drinks," and "dietary supplements" have the
same meanings as in RCW 82.08.0293.
(3) Notwithstanding anything in this section to the contrary, the exemption of "food and food ingredients" provided
in this section shall apply to food and food ingredients which
are furnished, prepared, or served as meals:
(a) Under a state administered nutrition program for the
aged as provided for in the Older Americans Act (P.L. 95-478
Title III) and RCW 74.38.040(6); or
(b) Which are provided to senior citizens, disabled persons, or low-income persons by a not-for-profit organization
organized under chapter 24.03 or 24.12 RCW. [2003 c 168 §
303; 1988 c 103 § 2; 1986 c 182 § 2; 1985 c 104 § 2; 1982 1st
ex.s. c 35 § 34.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Effective date—1988 c 103: See note following RCW 82.08.0293.
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
Finding—Intent—1991 c 250: See note following RCW 82.08.0283.
Effective date—1986 c 255: See note following RCW 82.08.0283.
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.0279
82.12.0279 Exemptions—Use of ferry vessels by the
state or local governmental units—Components thereof.
The provisions of this chapter shall not apply in respect to the
use of ferry vessels of the state of Washington or of local governmental units in the state of Washington in transporting
pedestrian or vehicular traffic within and outside the territorial waters of the state, in respect to the use of tangible personal property which becomes a component part of any such
ferry vessel, and in respect to the use of labor and services
rendered in respect to improving such ferry vessels. [2003 c
5 § 9; 1980 c 37 § 77. Formerly RCW 82.12.030(27).]
Finding—Intent—Retroactive application—Effective date—2003 c
5: See notes following RCW 82.12.010.
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.0284
82.12.0284 Exemptions—Use of computers or computer components, accessories, or software donated to
[2003 RCW Supp—page 1064]
82.12.0315
82.12.0315 Exemptions—Rental or sales related to
motion picture or video productions—Exceptions. (1)
The provisions of this chapter shall not apply in respect to the
use of:
(a) Production equipment rented to a motion picture or
video production business;
(b) Production equipment acquired and used by a motion
picture or video production business in another state, if the
acquisition and use occurred more than ninety days before
the time the motion picture or video production business
entered this state; and
(c) Production services that are within the scope of RCW
82.04.050(2)(a) and are sold to a motion picture or video production business.
(2) As used in this section, "production equipment,"
"production services," and "motion picture or video production business" have the meanings given in RCW 82.08.0315.
(3) The exemption provided for in this section shall not
apply to the use of production equipment rented to, or production equipment or production services that are within the
Use Tax
scope of RCW 82.04.050(2)(a) acquired and used by, a
motion picture or video production business that is engaged,
to any degree, in the production of erotic material, as defined
in RCW 9.68.050. [2003 c 5 § 10; 1995 2nd sp.s. c 5 § 2.]
Finding—Intent—Retroactive application—Effective date—2003 c
5: See notes following RCW 82.12.010.
Effective date—1995 2nd sp.s. c 5: See note following RCW
82.08.0315.
82.12.040
82.12.040 Retailers to collect tax—Penalty—Contingent expiration of subsection. (Effective until July 1,
2004.) (1) Every person who maintains in this state a place of
business or a stock of goods, or engages in business activities
within this state, shall obtain from the department a certificate of registration, and shall, at the time of making sales, or
making transfers of either possession or title or both, of tangible personal property for use in this state, collect from the
purchasers or transferees the tax imposed under this chapter.
For the purposes of this chapter, the phrase "maintains in this
state a place of business" shall include the solicitation of sales
and/or taking of orders by sales agents or traveling representatives. For the purposes of this chapter, "engages in business
activity within this state" includes every activity which is sufficient under the Constitution of the United States for this
state to require collection of tax under this chapter. The
department shall in rules specify activities which constitute
engaging in business activity within this state, and shall keep
the rules current with future court interpretations of the Constitution of the United States.
(2) Every person who engages in this state in the business of acting as an independent selling agent for persons
who do not hold a valid certificate of registration, and who
receives compensation by reason of sales of tangible personal
property of his principals made for use in this state, shall, at
the time such sales are made, collect from the purchasers the
tax imposed under this chapter, and for that purpose shall be
deemed a retailer as defined in this chapter.
(3) The tax required to be collected by this chapter shall
be deemed to be held in trust by the retailer until paid to the
department and any retailer who appropriates or converts the
tax collected to his own use or to any use other than the payment of the tax provided herein to the extent that the money
required to be collected is not available for payment on the
due date as prescribed shall be guilty of a misdemeanor. In
case any seller fails to collect the tax herein imposed or having collected the tax, fails to pay the same to the department
in the manner prescribed, whether such failure is the result of
his own acts or the result of acts or conditions beyond his
control, he shall nevertheless, be personally liable to the state
for the amount of such tax, unless the seller has taken from
the buyer in good faith a copy of a direct pay permit issued
under RCW 82.32.087.
(4) Any retailer who refunds, remits, or rebates to a purchaser, or transferee, either directly or indirectly, and by
whatever means, all or any part of the tax levied by this chapter shall be guilty of a misdemeanor.
(5) Notwithstanding subsections (1) through (4) of this
section, any person making sales is not obligated to collect
the tax imposed by this chapter if:
(a) The person's activities in this state, whether conducted directly or through another person, are limited to:
82.12.040
(i) The storage, dissemination, or display of advertising;
(ii) The taking of orders; or
(iii) The processing of payments; and
(b) The activities are conducted electronically via a web
site on a server or other computer equipment located in
Washington that is not owned or operated by the person making sales into this state nor owned or operated by an affiliated
person. "Affiliated persons" has the same meaning as provided in RCW 82.04.424.
(6) Subsection (5) of this section expires when: (a) The
United States congress grants individual states the authority
to impose sales and use tax collection duties on remote sellers; or (b) it is determined by a court of competent jurisdiction, in a judgment not subject to review, that a state can
impose sales and use tax collection duties on remote sellers.
[2003 c 76 § 4; 2001 c 188 § 5; 1986 c 48 § 1; 1971 ex.s. c
299 § 11; 1961 c 293 § 11; 1961 c 15 § 82.12.040. Prior:
1955 c 389 § 27; 1945 c 249 § 7; 1941 c 178 § 10; 1939 c 225
§ 16; Rem. Supp. 1945 § 8370-33; prior: 1935 c 180 § 33.]
Intent—2003 c 76: See note following RCW 82.04.424.
Finding—Intent—Effective date—2001 c 188: See notes following
RCW 82.32.087.
Effective date—1986 c 48: "This act shall take effect July 1, 1986."
[1986 c 48 § 2.]
Effective dates—Severability—1971 ex.s. c 299: See notes following
RCW 82.04.050.
Project on exemption reporting requirements: RCW 82.32.440.
82.12.040
82.12.040 Retailers to collect tax—Penalty—Contingent expiration of subsection. (Effective July 1, 2004.) (1)
Every person who maintains in this state a place of business
or a stock of goods, or engages in business activities within
this state, shall obtain from the department a certificate of
registration, and shall, at the time of making sales of tangible
personal property or sales of any service defined as a retail
sale in RCW 82.04.050 (2)(a) or (3)(a), or making transfers
of either possession or title, or both, of tangible personal
property for use in this state, collect from the purchasers or
transferees the tax imposed under this chapter. The tax to be
collected under this section shall be in an amount equal to the
purchase price multiplied by the rate in effect for the retail
sales tax under RCW 82.08.020. For the purposes of this
chapter, the phrase "maintains in this state a place of business" shall include the solicitation of sales and/or taking of
orders by sales agents or traveling representatives. For the
purposes of this chapter, "engages in business activity within
this state" includes every activity which is sufficient under
the Constitution of the United States for this state to require
collection of tax under this chapter. The department shall in
rules specify activities which constitute engaging in business
activity within this state, and shall keep the rules current with
future court interpretations of the Constitution of the United
States.
(2) Every person who engages in this state in the business of acting as an independent selling agent for persons
who do not hold a valid certificate of registration, and who
receives compensation by reason of sales of tangible personal
property, or sales of any service defined as a retail sale in
RCW 82.04.050 (2)(a) or (3)(a), of his or her principals for
use in this state, shall, at the time such sales are made, collect
from the purchasers the tax imposed on the purchase price
[2003 RCW Supp—page 1065]
82.12.045
Title 82 RCW: Excise Taxes
82.12.045
under this chapter, and for that purpose shall be deemed a
retailer as defined in this chapter.
(3) The tax required to be collected by this chapter shall
be deemed to be held in trust by the retailer until paid to the
department and any retailer who appropriates or converts the
tax collected to the retailer's own use or to any use other than
the payment of the tax provided herein to the extent that the
money required to be collected is not available for payment
on the due date as prescribed shall be guilty of a misdemeanor. In case any seller fails to collect the tax herein
imposed or having collected the tax, fails to pay the same to
the department in the manner prescribed, whether such failure is the result of the seller's own acts or the result of acts or
conditions beyond the seller's control, the seller shall nevertheless, be personally liable to the state for the amount of
such tax, unless the seller has taken from the buyer in good
faith a copy of a direct pay permit issued under RCW
82.32.087.
(4) Any retailer who refunds, remits, or rebates to a purchaser, or transferee, either directly or indirectly, and by
whatever means, all or any part of the tax levied by this chapter shall be guilty of a misdemeanor.
(5) Notwithstanding subsections (1) through (4) of this
section, any person making sales is not obligated to collect
the tax imposed by this chapter if:
(a) The person's activities in this state, whether conducted directly or through another person, are limited to:
(i) The storage, dissemination, or display of advertising;
(ii) The taking of orders; or
(iii) The processing of payments; and
(b) The activities are conducted electronically via a web
site on a server or other computer equipment located in
Washington that is not owned or operated by the person making sales into this state nor owned or operated by an affiliated
person. "Affiliated persons" has the same meaning as provided in RCW 82.04.424.
(6) Subsection (5) of this section expires when: (a) The
United States congress grants individual states the authority
to impose sales and use tax collection duties on remote sellers; or (b) it is determined by a court of competent jurisdiction, in a judgment not subject to review, that a state can
impose sales and use tax collection duties on remote sellers.
[2003 c 168 § 215; 2003 c 76 § 4; 2001 c 188 § 5; 1986 c 48
§ 1; 1971 ex.s. c 299 § 11; 1961 c 293 § 11; 1961 c 15 §
82.12.040. Prior: 1955 c 389 § 27; 1945 c 249 § 7; 1941 c
178 § 10; 1939 c 225 § 16; Rem. Supp. 1945 § 8370-33;
prior: 1935 c 180 § 33.]
Reviser's note: This section was amended by 2003 c 76 § 4 and by
2003 c 168 § 215, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Intent—2003 c 76: See note following RCW 82.04.424.
Finding—Intent—Effective date—2001 c 188: See notes following
RCW 82.32.087.
Effective date—1986 c 48: "This act shall take effect July 1, 1986."
[1986 c 48 § 2.]
Effective dates—Severability—1971 ex.s. c 299: See notes following
RCW 82.04.050.
Project on exemption reporting requirements: RCW 82.32.440.
[2003 RCW Supp—page 1066]
82.12.045 Collection of tax on motor vehicles by
county auditor or director of licensing—Remittance. (1)
In the collection of the use tax on motor vehicles, the department of revenue may designate the county auditors of the
several counties of the state as its collecting agents. Upon
such designation, it shall be the duty of each county auditor to
collect the tax at the time an applicant applies for the registration of, and transfer of title to, the motor vehicle, except in the
following instances:
(a) Where the applicant exhibits a dealer's report of sale
showing that the retail sales tax has been collected by the
dealer;
(b) Where the application is for the renewal of registration;
(c) Where the applicant presents a written statement
signed by the department of revenue, or its duly authorized
agent showing that no use tax is legally due; or
(d) Where the applicant presents satisfactory evidence
showing that the retail sales tax or the use tax has been paid
by the applicant on the vehicle in question.
(2) The term "motor vehicle," as used in this section
means and includes all motor vehicles, trailers and semitrailers used, or of a type designed primarily to be used, upon the
public streets and highways, for the convenience or pleasure
of the owner, or for the conveyance, for hire or otherwise, of
persons or property, including fixed loads, facilities for
human habitation, and vehicles carrying exempt licenses.
(3) It shall be the duty of every applicant for registration
and transfer of certificate of title who is subject to payment of
tax under this section to declare upon the application the
value of the vehicle for which application is made, which
shall consist of the consideration paid or contracted to be paid
therefor.
(4) Each county auditor who acts as agent of the department of revenue shall at the time of remitting license fee
receipts on motor vehicles subject to the provisions of this
section pay over and account to the state treasurer for all use
tax revenue collected under this section, after first deducting
as a collection fee the sum of two dollars for each motor vehicle upon which the tax has been collected. All revenue
received by the state treasurer under this section shall be
credited to the general fund. The auditor's collection fee shall
be deposited in the county current expense fund. A duplicate
of the county auditor's transmittal report to the state treasurer
shall be forwarded forthwith to the department of revenue.
(5) Any applicant who has paid use tax to a county auditor under this section may apply to the department of revenue
for refund thereof if he or she has reason to believe that such
tax was not legally due and owing. No refund shall be
allowed unless application therefor is received by the department of revenue within the statutory period for assessment of
taxes, penalties, or interest prescribed by RCW 82.32.050(3).
Upon receipt of an application for refund the department of
revenue shall consider the same and issue its order either
granting or denying it and if refund is denied the taxpayer
shall have the right of appeal as provided in RCW 82.32.170,
82.32.180 and 82.32.190.
(6) The provisions of this section shall be construed as
cumulative of other methods prescribed in chapters 82.04 to
82.32 RCW, inclusive, for the collection of the tax imposed
by this chapter. The department of revenue shall have power
Use Tax
82.12.820
to promulgate such rules as may be necessary to administer
the provisions of this section. Any duties required by this
section to be performed by the county auditor may be performed by the director of licensing but no collection fee shall
be deductible by said director in remitting use tax revenue to
the state treasurer.
(7) The use tax revenue collected on the rate provided in
RCW 82.08.020(3) shall be deposited in the multimodal
transportation account under RCW 47.66.070. [2003 c 361 §
303; 1996 c 149 § 19; 1983 c 77 § 2; 1979 c 158 § 222; 1969
ex.s. c 10 § 1; 1963 c 21 § 1; 1961 c 15 § 82.12.045. Prior:
1951 c 37 § 1.]
control equipment or to labor and services performed in
respect to such maintenance or repairs.
(5) If production of electricity at a thermal electric generation facility for any calendar year after 2002 and before
2023 falls below a twenty percent annual capacity factor for
the generation facility, all or a portion of the tax previously
exempted under this section in respect to construction or
installation of air pollution control facilities at the generation
facility shall be due according to the schedule provided in
RCW 82.08.810(5).
(6) RCW 82.32.393 applies to this section. [2003 c 5 §
12; 1997 c 368 § 3.]
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Finding—Intent—Retroactive application—Effective date—2003 c
5: See notes following RCW 82.12.010.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Findings—Intent—Rules adoption—Severability—Effective date—
1997 c 368: See notes following RCW 82.08.810.
Findings—Intent—Effective date—1996 c 149: See notes following
RCW 82.32.050.
82.12.820
82.12.060
82.12.060 Installment sales or leases. (Effective July
1, 2004.) In the case of installment sales and leases of personal property, the department, by rule, may provide for the
collection of taxes upon the installments of the purchase
price, or amount of rental, as of the time the same fall due.
[2003 c 168 § 216; 1975 1st ex.s. c 278 § 54; 1961 c 293 § 16;
1961 c 15 § 82.12.060. Prior: 1959 ex.s. c 3 § 13; 1959 c 197
§ 8; prior: 1941 c 178 § 11, part; Rem. Supp. 1941 § 837034a, part.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.12.810
82.12.810 Exemptions—Air pollution control facilities at a thermal electric generation facility—Exceptions—Payments on cessation of operation. (1) For the
purposes of this section, "air pollution control facilities"
mean any treatment works, control devices and disposal systems, machinery, equipment, structures, property, property
improvements, and accessories, that are installed or acquired
for the primary purpose of reducing, controlling, or disposing
of industrial waste that, if released to the outdoor atmosphere,
could cause air pollution, or that are required to meet regulatory requirements applicable to their construction, installation, or operation.
(2) The provisions of this chapter do not apply in respect
to:
(a) The use of air pollution control facilities installed and
used by a light and power business, as defined in RCW
82.16.010, in generating electric power; or
(b) The use of labor and services performed in respect to
the installing of air pollution control facilities.
(3) The exemption provided under this section applies
only to air pollution control facilities that are:
(a) Constructed or installed after May 15, 1997, and used
in a thermal electric generation facility placed in operation
after December 31, 1969, and before July 1, 1975; and
(b) Constructed or installed to meet applicable regulatory requirements established under state or federal law,
including the Washington clean air act, chapter 70.94 RCW.
(4) This section does not apply to the use of tangible personal property for maintenance or repairs of the pollution
82.12.820 Exemptions—Warehouse and grain elevators and distribution centers. (1) Wholesalers or thirdparty warehousers who own or operate warehouses or grain
elevators, and retailers who own or operate distribution centers, and who have paid the tax levied under RCW 82.12.020
on:
(a) Material-handling equipment and racking equipment
and labor and services rendered in respect to installing,
repairing, cleaning, altering, or improving the equipment; or
(b) Materials incorporated in the construction of a warehouse or grain elevator, are eligible for an exemption on tax
paid in the form of a remittance or credit against tax owed.
The amount of the remittance or credit is computed under
subsection (2) of this section and is based on the state share of
use tax.
(2)(a) A person claiming an exemption from state tax in
the form of a remittance under this section must pay the tax
imposed by RCW 82.12.020 to the department. The person
may then apply to the department for remittance of all or part
of the tax paid under RCW 82.12.020. For grain elevators
with bushel capacity of one million but less than two million,
the remittance is equal to fifty percent of the amount of tax
paid. For warehouses with square footage of two hundred
thousand and for grain elevators with bushel capacity of two
million or more, the remittance is equal to one hundred percent of the amount of tax paid for qualifying construction
materials, and fifty percent of the amount of tax paid for qualifying material-handling equipment and racking equipment.
(b) The department shall determine eligibility under this
section based on information provided by the buyer and
through audit and other administrative records. The buyer
shall on a quarterly basis submit an information sheet, in a
form and manner as required by the department by rule, specifying the amount of exempted tax claimed and the qualifying
purchases or acquisitions for which the exemption is claimed.
The buyer shall retain, in adequate detail to enable the department to determine whether the equipment or construction
meets the criteria under this section: Invoices; proof of tax
paid; documents describing the material-handling equipment
and racking equipment; location and size of warehouses, if
applicable; and construction invoices and documents.
(c) The department shall on a quarterly basis remit or
credit exempted amounts to qualifying persons who submitted applications during the previous quarter.
[2003 RCW Supp—page 1067]
82.12.840
Title 82 RCW: Excise Taxes
(3) Warehouse, grain elevators, and material-handling
equipment and racking equipment for which an exemption,
credit, or deferral has been or is being received under chapter
82.60, 82.61, 82.62, or 82.63 RCW or RCW 82.08.02565 or
82.12.02565 are not eligible for any remittance under this
section. Materials incorporated in warehouses and grain elevators upon which construction was initiated prior to May 20,
1997, are not eligible for a remittance under this section.
(4) The lessor or owner of the warehouse or grain elevator is not eligible for a remittance or credit under this section
unless the underlying ownership of the warehouse or grain
elevator and material-handling equipment and racking equipment vests exclusively in the same person, or unless the lessor by written contract agrees to pass the economic benefit of
the exemption to the lessee in the form of reduced rent payments.
(5) The definitions in RCW 82.08.820 apply to this section. [2003 c 5 § 13; 2000 c 103 § 9; 1997 c 450 § 3.]
Finding—Intent—Retroactive application—Effective date—2003 c
5: See notes following RCW 82.12.010.
Findings—Intent—Report—Effective date—1997 c 450: See notes
following RCW 82.08.820.
90.64 RCW. This exemption applies to the use of tangible
personal property or labor and services made after the dairy
nutrient management plan is certified under chapter 90.64
RCW. The exemption certificate and recordkeeping requirements of RCW 82.08.890 apply to this section. [2003 c 5 §
15; 2001 2nd sp.s. c 18 § 3.]
Finding—Intent—Retroactive application—Effective date—2003 c
5: See notes following RCW 82.12.010.
Intent—Effective date—2001 2nd sp.s. c 18: See notes following
RCW 82.08.890.
82.12.900
82.12.900 Exemptions—Anaerobic digesters. The
provisions of this chapter do not apply with respect to the use
of anaerobic digesters, tangible personal property that
becomes an ingredient or component of anaerobic digesters,
or the use of services rendered in respect to installing, repairing, cleaning, altering, or improving eligible tangible personal property by an eligible person establishing or operating
an anaerobic digester, as defined in RCW 82.08.900. The
anaerobic digester must be used primarily to treat dairy
manure. [2003 c 5 § 16; 2001 2nd sp.s. c 18 § 5.]
Finding—Intent—Retroactive application—Effective date—2003 c
5: See notes following RCW 82.12.010.
82.12.840
82.12.840 Exemptions—Machinery, equipment, or
structures that reduce field burning. (Expires January 1,
2006.) (1) The provisions of this chapter do not apply in
respect to the use of machinery and equipment, and to services rendered in respect to installing, repairing, cleaning,
altering, or improving of eligible machinery and equipment,
or tangible personal property that becomes an ingredient or
component of eligible machinery and equipment used more
than half of the time:
(a) For gathering, densifying, processing, handling, storing, transporting, or incorporating straw or straw-based products that will result in a reduction in field burning of cereal
grains and field and turf grass grown for seed; or
(b) To decrease air emissions resulting from field burning of cereal grains and field and turf grass grown for seed.
(2) A person taking the exemption under this section
must keep records necessary for the department to verify eligibility under this section.
(3) The department of ecology shall provide the department with the information necessary for the department to
administer this section.
(4) This section expires January 1, 2006. [2003 c 5 § 14;
2000 c 40 § 3.]
Finding—Intent—Retroactive application—Effective date—2003 c
5: See notes following RCW 82.12.010.
Intent—Effective date—2000 c 40: See notes following RCW
82.08.840.
Intent—Effective date—2001 2nd sp.s. c 18: See notes following
RCW 82.08.890.
82.12.925
82.12.925 Exemptions—Dietary supplements.
(Effective January 1, 2004.) The provisions of this chapter
shall not apply to the use of dietary supplements dispensed or
to be dispensed to patients, pursuant to a prescription, if the
dietary supplements are for human use. "Dietary supplement" has the same meaning as in RCW 82.08.0293. [2003 c
168 § 304.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
82.12.930
82.12.930 Exemptions—Watershed protection or
flood prevention. The provisions of this chapter do not
apply with respect to the use by municipal corporations, the
state, and all political subdivisions thereof of tangible personal property consumed and/or of labor and services as
defined in RCW 82.04.050(2)(a) rendered in respect to contracts for watershed protection and/or flood prevention. This
exemption is limited to that portion of the selling price that is
reimbursed by the United States government according to the
provisions of the watershed protection and flood prevention
act (68 Stat. 666; 16 U.S.C. Sec. 101 et seq.). [2003 c 5 § 17.]
Finding—Intent—Retroactive application—Effective date—2003 c
5: See notes following RCW 82.12.010.
82.12.935
82.12.890
82.12.890 Exemptions—Dairy nutrient management
equipment and facilities. The provisions of this chapter do
not apply with respect to the use by an eligible person of tangible personal property that becomes an ingredient or component of dairy nutrient management equipment and facilities,
as defined in RCW 82.08.890, or to labor and services rendered in respect to repairing, cleaning, altering, or improving
eligible tangible personal property. The equipment and facilities must be used exclusively for activities necessary to
maintain a dairy management plan as required under chapter
[2003 RCW Supp—page 1068]
82.12.935 Exemptions—Disposable devices used to
deliver prescription drugs for human use. (Effective July
1, 2004.) The provisions of this chapter shall not apply to the
use of disposable devices used to deliver drugs for human
use, pursuant to a prescription. Disposable devices means the
same as provided in RCW 82.08.935. [2003 c 168 § 407.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
82.12.940
82.12.940 Exemptions—Over-the-counter drugs for
human use. (Effective July 1, 2004.) The provisions of this
Use Tax
chapter shall not apply to the use of over-the-counter drugs
dispensed or to be dispensed to patients, pursuant to a prescription, if the over-the-counter drugs are for human use.
"Over-the-counter drug" has the same meaning as in RCW
82.08.0281. [2003 c 168 § 408.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
82.12.945
82.12.945 Exemptions—Kidney dialysis devices.
(Effective July 1, 2004.) The provisions of this chapter shall
not apply to the use of kidney dialysis devices, including
repair and replacement parts, for human use pursuant to a
prescription. [2003 c 168 § 411.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
82.12.950
82.12.950 Exemptions—Steam, electricity, electrical
energy. (Effective July 1, 2004.) The provisions of this
chapter shall not apply in respect to the use of steam, electricity, or electrical energy. [2003 c 168 § 704.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
82.12.955
82.12.955 Exemptions—Use of machinery, equipment, vehicles, and services related to biodiesel or alcohol
fuel blend. (Expires July 1, 2009.) (1) The provisions of
this chapter do not apply in respect to the use of machinery
and equipment, or to services rendered in respect to installing, repairing, cleaning, altering, or improving of eligible
machinery and equipment, or tangible personal property that
becomes an ingredient or component of machinery and
equipment used directly for the retail sale of a biodiesel or
alcohol fuel blend.
(2) The provisions of this chapter do not apply in respect
to the use of fuel delivery vehicles including repair parts and
replacement parts and to services rendered in respect to
installing, repairing, cleaning, altering, or improving the
vehicles if at least seventy-five percent of the fuel distributed
by the vehicles is a biodiesel or alcohol fuel blend.
(3) For the purposes of this section, the definitions in
RCW 82.04.4334 and 82.08.955 apply.
(4) This section expires July 1, 2009. [2003 c 63 § 3.]
Effective date—2003 c 63: See note following RCW 82.04.4334.
82.12.960
82.12.960 Exemptions—Use of machinery, equipment, vehicles, and services related to wood biomass fuel
blend. (Expires July 1, 2009.) (1) The provisions of this
chapter do not apply in respect to the use of machinery and
equipment, or to services rendered in respect to installing,
repairing, cleaning, altering, or improving of eligible machinery and equipment, or tangible personal property that
becomes an ingredient or component of machinery and
equipment used directly for the retail sale of a wood biomass
fuel blend.
(2) The provisions of this chapter do not apply in respect
to the use of fuel delivery vehicles including repair parts and
replacement parts and to services rendered in respect to
installing, repairing, cleaning, altering, or improving the
vehicles if at least seventy-five percent of the fuel distributed
by the vehicles is a wood biomass fuel blend.
82.12.975
(3) For the purposes of this section, the definitions in
RCW 82.08.960 apply.
(4) This section expires July 1, 2009. [2003 c 339 § 14.]
Effective dates—2003 c 339: See note following RCW 82.69.030.
82.12.965
82.12.965 Exemptions—Semiconductor materials
manufacturing. (Contingent effective date; contingent
expiration date.) (1) The provisions of this chapter do not
apply with respect to the use of tangible personal property
that will be incorporated as an ingredient or component of
new buildings used for the manufacturing of semiconductor
materials during the course of constructing such buildings or
to labor and services rendered in respect to installing, during
the course of constructing, building fixtures not otherwise eligible for the exemption under RCW 82.08.02565(2)(b).
(2) The eligibility requirements, conditions, and definitions in RCW 82.08.965 apply to this section.
(3) No exemption may be taken twelve years after *the
effective date of this act, however all of the eligibility criteria
and limitations are applicable to any exemptions claimed
before that date.
(4) This section expires twelve years after *the effective
date of this act. [2003 c 149 § 6.]
*Contingent effective date—Findings—Intent—2003 c 149: See
notes following RCW 82.04.426.
82.12.970
82.12.970 Exemptions—Gases and chemicals used to
manufacture semiconductor materials. (Contingent effective date; contingent expiration date.) (1) The provisions of
this chapter do not apply with respect to the use of gases and
chemicals used by a manufacturer or processor for hire in the
manufacturing of semiconductor materials. This exemption
is limited to gases and chemicals used in the manufacturing
process to grow the product, deposit or grow permanent or
sacrificial layers on the product, to etch or remove material
from the product, to anneal the product, to immerse the product, to clean the product, and other such uses whereby the
gases and chemicals come into direct contact with the product during the manufacturing process, or uses of gases and
chemicals to clean the chambers and other like equipment in
which such processing takes place. For purposes of this section, "semiconductor materials" has the same meaning as provided in RCW 82.04.240(2).
(2) A person taking the exemption under this section
must report under RCW 82.32.535. No application is necessary for the tax exemption. The person is subject to all of the
requirements of chapter 82.32 RCW.
(3) This section expires twelve years after *the effective
date of this act. [2003 c 149 § 8.]
*Contingent effective date—Findings—Intent—2003 c 149: See
notes following RCW 82.04.426.
82.12.975
82.12.975 Computer parts and software related to
the manufacture of commercial airplanes. (Contingent
effective date; expires July 1, 2024.) (1) The provisions of
this chapter shall not apply in respect to the use of computer
hardware, computer peripherals, or software, not otherwise
eligible for exemption under RCW 82.12.02565, by a manufacturer or processor for hire of commercial airplanes or components of such airplanes, used primarily in the development,
design, and engineering of such products, or to the use of
[2003 RCW Supp—page 1069]
82.12.980
Title 82 RCW: Excise Taxes
labor and services rendered in respect to installing the computer hardware, computer peripherals, or software.
(2) As used in this section, "commercial airplane" and
"component" have the meanings given in RCW 82.32.550.
"Peripherals" includes keyboards, monitors, mouse devices,
and other accessories that operate outside of the computer,
excluding cables, conduit, wiring, and other similar property.
(3) This section expires July 1, 2024. [2003 2nd sp.s. c 1
§ 10.]
Contingent effective date—2003 2nd sp.s. c 1: See RCW 82.32.550.
Finding—2003 2nd sp.s. c 1: See note following RCW 82.04.4461.
82.12.980
82.12.980 Exemptions—Labor, services, and personal property related to the manufacture of superefficient airplanes. (Contingent effective date; expires July 1,
2024.) (1) The provisions of this chapter do not apply with
respect to the use of tangible personal property that will be
incorporated as an ingredient or component of new buildings
by a manufacturer engaged in the manufacturing of superefficient airplanes or owned by a port district and to be leased
to a manufacturer engaged in the manufacturing of superefficient airplanes, during the course of constructing such buildings, or to labor and services rendered in respect to installing,
during the course of constructing, building fixtures not otherwise eligible for the exemption under RCW
82.08.02565(2)(b).
(2) The eligibility requirements, conditions, and definitions in RCW 82.08.980 apply to this section.
(3) This section expires July 1, 2024. [2003 2nd sp.s. c 1
§ 12.]
Contingent effective date—2003 2nd sp.s. c 1: See RCW 82.32.550.
Finding—2003 2nd sp.s. c 1: See note following RCW 82.04.4461.
Chapter 82.14 RCW
LOCAL RETAIL SALES AND USE TAXES
Chapter 82.14
Sections
82.14.020
82.14.020
82.14.050
82.14.050
82.14.055
82.14.070
82.14.200
82.14.210
82.14.330
82.14.335
82.14.440
82.14.450
Definitions—Where retail sale occurs. (Effective July 1, 2004;
contingent expiration date.)
Definitions—Where retail sale occurs. (Contingent effective
date.)
Administration and collection—Local sales and use tax
account. (Effective until July 1, 2004.)
Administration and collection—Local sales and use tax
account. (Effective July 1, 2004.)
Tax changes. (Effective July 1, 2004.)
Uniformity—Rule making—Model ordinance. (Effective July
1, 2004.)
County sales and use tax equalization account—Allocation
procedure.
Municipal sales and use tax equalization account—Allocation
procedure.
Municipal criminal justice assistance account—Transfers
from general fund—Distributions based on crime rate, population, and innovation—Limitations.
Repealed.
Sales and use tax for passenger-only ferry service.
Sales and use tax for counties and cities.
82.14.020
82.14.020 Definitions—Where retail sale occurs.
(Effective July 1, 2004; contingent expiration date.) For
purposes of this chapter:
(1) A retail sale consisting solely of the sale of tangible
personal property shall be deemed to have occurred at the
retail outlet at or from which delivery is made to the consumer;
[2003 RCW Supp—page 1070]
(2) A retail sale consisting essentially of the performance
of personal, business, or professional services shall be
deemed to have occurred at the place at which such services
were primarily performed, except that for the performance of
a tow truck service, as defined in RCW 46.55.010, the retail
sale shall be deemed to have occurred at the place of business
of the operator of the tow truck service;
(3) A retail sale consisting of the rental of tangible personal property shall be deemed to have occurred (a) in the
case of a rental involving periodic rental payments, at the
place of primary use by the lessee during the period covered
by each payment, or (b) in all other cases, at the place of first
use by the lessee;
(4) A retail sale within the scope of RCW 82.04.050(2),
and a retail sale of taxable personal property to be installed by
the seller shall be deemed to have occurred at the place where
the labor and services involved were primarily performed;
(5)(a) A retail sale consisting of the providing to a consumer of telephone service, as defined in RCW 82.04.065,
other than a sale of tangible personal property under subsection (1) of this section or a rental of tangible personal property under subsection (3) of this section or a sale of mobile
telecommunications services, shall be deemed to have
occurred at the situs of the telephone or other instrument
through which the telephone service is rendered;
(b) A retail sale consisting of the providing of telecommunications services shall be sourced in accordance with
RCW 82.32.520;
(6) A retail sale of linen and uniform supply services is
deemed to occur as provided in RCW 82.08.0202;
(7) "City" means a city or town;
(8) The meaning ascribed to words and phrases in chapters 82.04, 82.08 and 82.12 RCW, as now or hereafter
amended, insofar as applicable, shall have full force and
effect with respect to taxes imposed under authority of this
chapter;
(9) "Taxable event" shall mean any retail sale, or any
use, upon which a state tax is imposed pursuant to chapter
82.08 or 82.12 RCW, as they now exist or may hereafter be
amended: PROVIDED, HOWEVER, That the term shall not
include a retail sale taxable pursuant to RCW 82.08.150, as
now or hereafter amended;
(10) "Treasurer or other legal depository" shall mean the
treasurer or legal depository of a county or city. [2003 c 168
§ 502. Prior: 2002 c 367 § 6; 2002 c 67 § 7; 2001 c 186 § 3;
1997 c 201 § 1; 1983 2nd ex.s. c 3 § 31; 1982 c 211 § 1; 1981
c 144 § 4; 1970 ex.s. c 94 § 3.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Severability—Effective date—2002 c 367: See notes following RCW
82.04.060.
Finding—Contingency—Court judgment—Effective date—2002 c
67: See notes following RCW 82.04.530.
Finding—Purpose—Effective date—2001 c 186: See notes following
RCW 82.08.0202.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Local Retail Sales and Use Taxes
Intent—Severability—Effective date—1981 c 144: See notes following RCW 82.16.010.
82.14.020
82.14.020 Definitions—Where retail sale occurs.
(Contingent effective date.) For purposes of this chapter:
(1) A retail sale consisting solely of the sale of tangible
personal property shall be deemed to have occurred at the
retail outlet at or from which delivery is made to the consumer;
(2) A retail sale consisting essentially of the performance
of personal, business, or professional services shall be
deemed to have occurred at the place at which such services
were primarily performed, except that for the performance of
a tow truck service, as defined in RCW 46.55.010, the retail
sale shall be deemed to have occurred at the place of business
of the operator of the tow truck service;
(3) A retail sale consisting of the rental of tangible personal property shall be deemed to have occurred (a) in the
case of a rental involving periodic rental payments, at the primary place of use by the lessee during the period covered by
each payment, or (b) in all other cases, at the place of first use
by the lessee;
(4) A retail sale within the scope of RCW 82.04.050(2),
and a retail sale of taxable personal property to be installed by
the seller shall be deemed to have occurred at the place where
the labor and services involved were primarily performed;
(5) A retail sale consisting of the providing of telecommunications services shall be sourced in accordance with
RCW 82.32.520;
(6) A retail sale of linen and uniform supply services is
deemed to occur as provided in RCW 82.08.0202;
(7) "City" means a city or town;
(8) The meaning ascribed to words and phrases in chapters 82.04, 82.08 and 82.12 RCW, as now or hereafter
amended, insofar as applicable, shall have full force and
effect with respect to taxes imposed under authority of this
chapter;
(9) "Taxable event" shall mean any retail sale, or any
use, upon which a state tax is imposed pursuant to chapter
82.08 or 82.12 RCW, as they now exist or may hereafter be
amended: PROVIDED, HOWEVER, That the term shall not
include a retail sale taxable pursuant to RCW 82.08.150, as
now or hereafter amended;
(10) "Treasurer or other legal depository" shall mean the
treasurer or legal depository of a county or city. [2003 c 168
§ 503; 2002 c 367 § 6; 2001 c 186 § 3; 1997 c 201 § 1; 1983
2nd ex.s. c 3 § 31; 1982 c 211 § 1; 1981 c 144 § 4; 1970 ex.s.
c 94 § 3.]
Part headings not law—2003 c 168: See note following RCW
82.08.010.
Severability—Effective date—2002 c 367: See notes following RCW
82.04.060.
Finding—Purpose—Effective date—2001 c 186: See notes following
RCW 82.08.0202.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Intent—Severability—Effective date—1981 c 144: See notes following RCW 82.16.010.
82.14.050
82.14.050 Administration and collection—Local
sales and use tax account. (Effective until July 1, 2004.)
The counties, cities, and transportation authorities under
82.14.050
RCW 82.14.045, public facilities districts under chapters
36.100 and 35.57 RCW, public transportation benefit areas
under RCW 82.14.440, and regional transportation investment districts shall contract, prior to the effective date of a
resolution or ordinance imposing a sales and use tax, the
administration and collection to the state department of revenue, which shall deduct a percentage amount, as provided by
contract, not to exceed two percent of the taxes collected for
administration and collection expenses incurred by the
department. The remainder of any portion of any tax authorized by this chapter that is collected by the department of
revenue shall be deposited by the state department of revenue
in the local sales and use tax account hereby created in the
state treasury. Moneys in the local sales and use tax account
may be spent only for distribution to counties, cities, transportation authorities, public facilities districts, public transportation benefit areas, and regional transportation investment districts imposing a sales and use tax. All administrative provisions in chapters 82.03, 82.08, 82.12, and 82.32
RCW, as they now exist or may hereafter be amended, shall,
insofar as they are applicable to state sales and use taxes, be
applicable to taxes imposed pursuant to this chapter. Except
as provided in RCW 43.08.190, all earnings of investments of
balances in the local sales and use tax account shall be credited to the local sales and use tax account and distributed to
the counties, cities, transportation authorities, public facilities
districts, public transportation benefit areas, and regional
transportation investment districts monthly. [2003 c 83 §
208; 2002 c 56 § 406; 1999 c 165 § 14; 1991 sp.s. c 13 § 34;
1991 c 207 § 2; 1990 2nd ex.s. c 1 § 201; 1985 c 57 § 81;
1981 2nd ex.s. c 4 § 10; 1971 ex.s. c 296 § 3; 1970 ex.s. c 94
§ 6.]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
Severability—1999 c 164: See RCW 35.57.900.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Applicability—1990 2nd ex.s. c 1 §§ 201-204: "Sections 201 through
204 of this act shall not be effective for earnings on balances prior to July 1,
1990, regardless of when a distribution is made." [1990 2nd ex.s. c 1 § 205.]
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1981 2nd ex.s. c 4: See note following RCW 43.85.130.
Legislative finding, declaration—Severability—1971 ex.s. c 296:
See notes following RCW 82.14.045.
82.14.050
82.14.050 Administration and collection—Local
sales and use tax account. (Effective July 1, 2004.) The
counties, cities, and transportation authorities under RCW
82.14.045, public facilities districts under chapters 36.100
and 35.57 RCW, public transportation benefit areas under
RCW 82.14.440, and regional transportation investment districts shall contract, prior to the effective date of a resolution
or ordinance imposing a sales and use tax, the administration
and collection to the state department of revenue, which shall
deduct a percentage amount, as provided by contract, not to
exceed two percent of the taxes collected for administration
and collection expenses incurred by the department. The
remainder of any portion of any tax authorized by this chapter
[2003 RCW Supp—page 1071]
82.14.055
Title 82 RCW: Excise Taxes
that is collected by the department of revenue shall be deposited by the state department of revenue in the local sales and
use tax account hereby created in the state treasury. Moneys
in the local sales and use tax account may be spent only for
distribution to counties, cities, transportation authorities,
public facilities districts, public transportation benefit areas,
and regional transportation investment districts imposing a
sales and use tax. All administrative provisions in chapters
82.03, 82.08, 82.12, and 82.32 RCW, as they now exist or
may hereafter be amended, shall, insofar as they are applicable to state sales and use taxes, be applicable to taxes imposed
pursuant to this chapter. Counties, cities, transportation
authorities, public facilities districts, and regional transportation investment districts may not conduct independent sales
or use tax audits of sellers registered under the streamlined
sales tax agreement. Except as provided in RCW 43.08.190,
all earnings of investments of balances in the local sales and
use tax account shall be credited to the local sales and use tax
account and distributed to the counties, cities, transportation
authorities, public facilities districts, public transportation
benefit areas, and regional transportation investment districts
monthly. [2003 c 168 § 201; 2003 c 83 § 208; 2002 c 56 §
406; 1999 c 165 § 14; 1991 sp.s. c 13 § 34; 1991 c 207 § 2;
1990 2nd ex.s. c 1 § 201; 1985 c 57 § 81; 1981 2nd ex.s. c 4
§ 10; 1971 ex.s. c 296 § 3; 1970 ex.s. c 94 § 6.]
Reviser's note: This section was amended by 2003 c 83 § 208 and by
2003 c 168 § 201, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
Severability—1999 c 164: See RCW 35.57.900.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Applicability—1990 2nd ex.s. c 1 §§ 201-204: "Sections 201 through
204 of this act shall not be effective for earnings on balances prior to July 1,
1990, regardless of when a distribution is made." [1990 2nd ex.s. c 1 § 205.]
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1981 2nd ex.s. c 4: See note following RCW 43.85.130.
Legislative finding, declaration—Severability—1971 ex.s. c 296:
See notes following RCW 82.14.045.
82.14.055
82.14.055 Tax changes. (Effective July 1, 2004.) (1)
Except as provided in subsections (2), (3), and (4) of this section, a local sales and use tax change shall take effect (a) no
sooner than seventy-five days after the department receives
notice of the change and (b) only on the first day of January,
April, July, or October.
(2) In the case of a local sales and use tax that is a credit
against the state sales tax or use tax, a local sales and use tax
change shall take effect (a) no sooner than thirty days after
the department receives notice of the change and (b) only on
the first day of a month.
(3)(a) A local sales and use tax rate increase imposed on
services applies to the first billing period starting on or after
the effective date of the increase.
[2003 RCW Supp—page 1072]
(b) A local sales and use tax rate decrease imposed on
services applies to bills rendered on or after the effective date
of the decrease.
(c) For the purposes of this subsection (3), "services"
means retail services such as installing and constructing and
retail services such as telecommunications, but does not
include services such as tattooing.
(4) For the purposes of this section, "local sales and use
tax change" means enactment or revision of local sales and
use taxes under this chapter or any other statute, including
changes resulting from referendum or annexation. [2003 c
168 § 206; 2001 c 320 § 7; 2000 c 104 § 2.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Effective date—2001 c 320: See note following RCW 11.02.005.
Findings—Intent—2000 c 104: "The legislature finds that retailers
have an important role in the state's tax system by collecting sales or use tax
from consumers and remitting it to the state. Frequent changes to the tax system place a burden on these businesses. To alleviate that burden and to
improve the accuracy of tax collection, it is the intent of the legislature to
provide that changes to sales and use tax may be made four times a year and
that the department of revenue be provided adequate time to give advance
notice to retailers of any such change. Changes in sales and use tax rates that
are the result of annexation are also restricted to this time period, for uniformity and simplification. Additionally, retailers who rely on technology
developed and provided by the department of revenue, such as the department's geographic information system, to calculate tax rates shall be held
harmless from errors resulting from such use." [2000 c 104 § 1.]
Effective date—2000 c 104: "This act takes effect July 1, 2000." [2000
c 104 § 7.]
Statewide sales and use tax changes: RCW 82.08.064.
82.14.070
82.14.070 Uniformity—Rule making—Model ordinance. (Effective July 1, 2004.) It is the intent of this chapter that any local sales and use tax adopted pursuant to this
chapter be identical to the state sales and use tax, unless otherwise prohibited by federal law, and with other local sales
and use taxes adopted pursuant to this chapter. It is further
the intent of this chapter that the local sales and use tax shall
be imposed upon an individual taxable event simultaneously
with the imposition of the state sales or use tax upon the same
taxable event. The rule making powers of the state department of revenue contained in RCW 82.08.060 and 82.32.300
shall be applicable to this chapter. The department shall, as
soon as practicable, and with the assistance of the appropriate
associations of county prosecutors and city attorneys, draft a
model resolution and ordinance. [2003 c 168 § 202; 2000 c
104 § 5; 1970 ex.s. c 94 § 10.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Findings—Intent—Effective date—2000 c 104: See notes following
RCW 82.14.055.
82.14.200
82.14.200 County sales and use tax equalization
account—Allocation procedure. There is created in the
state treasury a special account to be known as the "county
sales and use tax equalization account." Into this account
shall be placed a portion of all motor vehicle excise tax
receipts as provided in *RCW 82.44.110. Funds in this
account shall be allocated by the state treasurer according to
the following procedure:
(1) Prior to April 1st of each year the director of revenue
shall inform the state treasurer of the total and the per capita
Local Retail Sales and Use Taxes
levels of revenues for the unincorporated area of each county
and the statewide weighted average per capita level of revenues for the unincorporated areas of all counties imposing the
sales and use tax authorized under RCW 82.14.030(1) for the
previous calendar year.
(2) At such times as distributions are made under *RCW
82.44.150, the state treasurer shall apportion to each county
imposing the sales and use tax under RCW 82.14.030(1) at
the maximum rate and receiving less than one hundred fifty
thousand dollars from the tax for the previous calendar year,
an amount from the county sales and use tax equalization
account sufficient, when added to the amount of revenues
received the previous calendar year by the county, to equal
one hundred fifty thousand dollars.
The department of revenue shall establish a governmental price index as provided in this subsection. The base year
for the index shall be the end of the third quarter of 1982.
Prior to November 1, 1983, and prior to each November 1st
thereafter, the department of revenue shall establish another
index figure for the third quarter of that year. The department
of revenue may use the implicit price deflators for state and
local government purchases of goods and services calculated
by the United States department of commerce to establish the
governmental price index. Beginning on January 1, 1984,
and each January 1st thereafter, the one hundred fifty thousand dollar base figure in this subsection shall be adjusted in
direct proportion to the percentage change in the governmental price index from 1982 until the year before the adjustment. Distributions made under this subsection for 1984 and
thereafter shall use this adjusted base amount figure.
(3) Subsequent to the distributions under subsection (2)
of this section and at such times as distributions are made
under *RCW 82.44.150, the state treasurer shall apportion to
each county imposing the sales and use tax under RCW
82.14.030(1) at the maximum rate and receiving less than
seventy percent of the statewide weighted average per capita
level of revenues for the unincorporated areas of all counties
as determined by the department of revenue under subsection
(1) of this section, an amount from the county sales and use
tax equalization account sufficient, when added to the per
capita level of revenues for the unincorporated area received
the previous calendar year by the county, to equal seventy
percent of the statewide weighted average per capita level of
revenues for the unincorporated areas of all counties determined under subsection (1) of this section, subject to reduction under subsections (6) and (7) of this section. When computing distributions under this section, any distribution under
subsection (2) of this section shall be considered revenues
received from the tax imposed under RCW 82.14.030(1) for
the previous calendar year.
(4) Subsequent to the distributions under subsection (3)
of this section and at such times as distributions are made
under *RCW 82.44.150, the state treasurer shall apportion to
each county imposing the sales and use tax under RCW
82.14.030(2) at the maximum rate and receiving a distribution under subsection (2) of this section, a third distribution
from the county sales and use tax equalization account. The
distribution to each qualifying county shall be equal to the
distribution to the county under subsection (2) of this section,
subject to the reduction under subsections (6) and (7) of this
section. To qualify for the total distribution under this sub-
82.14.200
section, the county must impose the tax under RCW
82.14.030(2) for the entire calendar year. Counties imposing
the tax for less than the full year shall qualify for prorated
allocations under this subsection proportionate to the number
of months of the year during which the tax is imposed.
(5) Subsequent to the distributions under subsection (4)
of this section and at such times as distributions are made
under *RCW 82.44.150, the state treasurer shall apportion to
each county imposing the sales and use tax under RCW
82.14.030(2) at the maximum rate and receiving a distribution under subsection (3) of this section, a fourth distribution
from the county sales and use tax equalization account. The
distribution to each qualifying county shall be equal to the
distribution to the county under subsection (3) of this section,
subject to the reduction under subsections (6) and (7) of this
section. To qualify for the distributions under this subsectio n , th e co un ty m u st im po s e th e tax u nd er R CW
82.14.030(2) for the entire calendar year. Counties imposing
the tax for less than the full year shall qualify for prorated
allocations under this subsection proportionate to the number
of months of the year during which the tax is imposed.
(6) Revenues distributed under subsections (2) through
(5) of this section in any calendar year shall not exceed an
amount equal to seventy percent of the statewide weighted
average per capita level of revenues for the unincorporated
areas of all counties during the previous calendar year. If distributions under subsections (3) through (5) of this section
cannot be made because of this limitation, then distributions
under subsections (3) through (5) of this section shall be
reduced ratably among the qualifying counties.
(7) If inadequate revenues exist in the county sales and
use tax equalization account to make the distributions under
subsections (3) through (5) of this section, then the distributions under subsections (3) through (5) of this section shall be
reduced ratably among the qualifying counties. At such time
during the year as additional funds accrue to the county sales
and use tax equalization account, additional distributions
shall be made under subsections (3) through (5) of this section to the counties.
(8) If the level of revenues in the county sales and use tax
equalization account exceeds the amount necessary to make
the distributions under subsections (2) through (5) of this section, at such times as distributions are made under *RCW
82.44.150, the state treasurer shall apportion an amount to the
county public health account created in RCW 70.05.125
equal to the adjustment under RCW 70.05.125(2)(b).
(9) If the level of revenues in the county sales and use tax
equalization account exceeds the amount necessary to make
the distributions under subsections (2) through (5) and (8) of
this section, then the additional revenues shall be credited and
transferred as follows:
(a) Fifty percent to the public facilities construction loan
revolving account under RCW 43.160.080; and
(b) Fifty percent to the distressed county public facilities
construction loan account under RCW 43.160.220, or so
much thereof as will not cause the balance in the account to
exceed twenty-five million dollars. Any remaining funds
shall be deposited into the public facilities construction loan
revolving account.
(10) During the 2003-2005 fiscal biennium, the legislature may transfer from the county sales and use tax equaliza[2003 RCW Supp—page 1073]
82.14.210
Title 82 RCW: Excise Taxes
tion account to the state general fund such amounts as reflect
the excess fund balance of the account. [2003 1st sp.s. c 25 §
941; 1998 c 321 § 8 (Referendum Bill No. 49, approved
November 3, 1998); 1997 c 333 § 2; 1991 sp.s. c 13 § 15;
1990 c 42 § 313; 1985 c 57 § 82; 1984 c 225 § 5; 1983 c 99 §
1; 1982 1st ex.s. c 49 § 21.]
*Reviser's note: RCW 82.44.110 and 82.44.150 were repealed by 2003
c 1 § 5.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note following RCW 82.14.045.
Effective date—1997 c 333: See note following RCW 70.05.125.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1985 c 57: See note following RCW 18.04.105.
Rules—1984 c 225: See note following RCW 82.14.210.
Severability—1983 c 99: "If any provision of this act or chapter 49,
Laws of 1982 1st ex. sess. or their application to any person or circumstance
is held invalid, the remainder of these acts or the application of the provision
to other persons or circumstances is not affected." [1983 c 99 § 10.]
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
82.14.210
82.14.210 Municipal sales and use tax equalization
account—Allocation procedure. There is created in the
state treasury a special account to be known as the "municipal
sales and use tax equalization account." Into this account
shall be placed such revenues as are provided under *RCW
82.44.110(1)(e). Funds in this account shall be allocated by
the state treasurer according to the following procedure:
(1) Prior to January 1st of each year the department of
revenue shall determine the total and the per capita levels of
revenues for each city and the statewide weighted average per
capita level of revenues for all cities imposing the sales and
use tax authorized under RCW 82.14.030(1) for the previous
calendar year.
(2) At such times as distributions are made under *RCW
82.44.150, the state treasurer shall apportion to each city not
imposing the sales and use tax under RCW 82.14.030(2) an
amount from the municipal sales and use tax equalization
account equal to the amount distributed to the city under
RCW 82.44.155, multiplied by forty-five fifty-fifths.
(3) Subsequent to the distributions under subsection (2)
of this section, and at such times as distributions are made
under *RCW 82.44.150, the state treasurer shall apportion to
each city imposing the sales and use tax under RCW
82.14.030(1) at the maximum rate and receiving less than
seventy percent of the statewide weighted average per capita
level of revenues for all cities as determined by the department of revenue under subsection (1) of this section, an
amount from the municipal sales and use tax equalization
account sufficient, when added to the per capita level of revenues received the previous calendar year by the city, to
equal seventy percent of the statewide weighted average per
capita level of revenues for all cities determined under sub[2003 RCW Supp—page 1074]
section (1) of this section, subject to reduction under subsection (6) of this section.
(4) Subsequent to the distributions under subsection (3)
of this section, and at such times as distributions are made
under *RCW 82.44.150, the state treasurer shall apportion to
each city imposing the sales and use tax under RCW
82.14.030(2) at the maximum rate and receiving a distribution under subsection (3) of this section, a third distribution
from the municipal sales and use tax equalization account.
The distribution to each qualifying city shall be equal to the
distribution to the city under subsection (3) of this section,
subject to the reduction under subsection (6) of this section.
To qualify for the distributions under this subsection, the city
must impose the tax under RCW 82.14.030(2) for the entire
calendar year. Cities imposing the tax for less than the full
year shall qualify for prorated allocations under this subsection proportionate to the number of months of the year during
which the tax is imposed.
(5) For a city with an official incorporation date after
January 1, 1990, municipal sales and use tax equalization distributions shall be made according to the procedures in this
subsection. Municipal sales and use tax equalization distributions to eligible new cities shall be made at the same time
as distributions are made under subsections (3) and (4) of this
section. The department of revenue shall follow the estimating procedures outlined in this subsection until the new city
has received a full year's worth of revenues under RCW
82.14.030(1) as of the January municipal sales and use tax
equalization distribution.
(a) Whether a newly incorporated city determined to
receive funds under this subsection receives its first equalization payment at the January, April, July, or October municipal sales and use tax equalization distribution shall depend on
the date the city first imposes the tax authorized under RCW
82.14.030(1).
(i) A newly incorporated city imposing the tax authorized under RCW 82.14.030(1) effective as of January 1st
shall be eligible to receive funds under this subsection beginning with the April municipal sales and use tax equalization
distribution of that year.
(ii) A newly incorporated city imposing the tax authorized under RCW 82.14.030(1) effective as of February 1st,
March 1st, or April 1st shall be eligible to receive funds under
this subsection beginning with the July municipal sales and
use tax equalization distribution of that year.
(iii) A newly incorporated city imposing the tax authorized under RCW 82.14.030(1) effective as of May 1st, June
1st, or July 1st shall be eligible to receive funds under this
subsection beginning with the October municipal sales and
use tax equalization distribution of that year.
(iv) A newly incorporated city imposing the tax authorized under RCW 82.14.030(1) effective as of August 1st,
September 1st, or October 1st shall be eligible to receive
funds under this subsection beginning with the January
municipal sales and use tax equalization distribution of the
next year.
(v) A newly incorporated city imposing the tax authorized under RCW 82.14.030(1) effective as of November 1st
or December 1st shall be eligible to receive funds under this
subsection beginning with the April municipal sales and use
tax equalization distribution of the next year.
Local Retail Sales and Use Taxes
(b) For purposes of calculating the amount of funds the
new city should receive under this subsection, the department
of revenue shall:
(i) Estimate the per capita amount of revenues from the
tax authorized under RCW 82.14.030(1) that the new city
would have received had the city received revenues from the
tax the entire calendar year;
(ii) Calculate the amount provided under subsection (3)
of this section based on the per capita revenues determined
under (b)(i) of this subsection;
(iii) Prorate the amount determined under (b)(ii) of this
subsection by the number of months the tax authorized under
RCW 82.14.030(1) is imposed.
(c) A new city imposing the tax under RCW
82.14.030(2) at the maximum rate and receiving a distribution calculated under (b) of this subsection shall receive
another distribution from the municipal sales and use tax
equalization account. This distribution shall be equal to the
calculation made under (b)(ii) of this subsection, prorated by
the number of months the city imposes the tax authorized
under RCW 82.14.030(2) at the full rate.
(d) The department of revenue shall advise the state treasurer of the amounts calculated under (b) and (c) of this subsection and the state treasurer shall distribute these amounts
to the new city from the municipal sales and use tax equalization account subject to the limitations imposed in subsection
(6) of this section.
(e) Revenues estimated under this subsection shall not
affect the calculation of the statewide weighted average per
capita level of revenues for all cities made under subsection
(1) of this section.
(6) If inadequate revenues exist in the municipal sales
and use tax equalization account to make the distributions
under subsection (3), (4), or (5) of this section, then the distributions under subsections (3), (4), and (5) of this section shall
be reduced ratably among the qualifying cities. At such time
during the year as additional funds accrue to the municipal
sales and use tax equalization account, additional distributions shall be made under subsections (3), (4), and (5) of this
section to the cities.
(7) If the level of revenues in the municipal sales and use
tax equalization account exceeds the amount necessary to
make the distributions under subsections (2) through (5) of
this section, then the additional revenues shall be apportioned
among the several cities within the state ratably on the basis
of population as last determined by the office of financial
management: PROVIDED, That no such distribution shall
be made to those cities receiving a distribution under subsection (2) of this section.
(8) During the 2003-2005 fiscal biennium, the legislature
may transfer from the municipal sales and use tax equalization account to the state general fund such amounts as reflect
the excess fund balance in the account. [2003 1st sp.s. c 25 §
942; 1996 c 64 § 1; 1991 sp.s. c 13 § 16; 1990 2nd ex.s. c 1 §
701; 1990 c 42 § 314; 1985 c 57 § 83; 1984 c 225 § 2; 1982
1st ex.s. c 49 § 22.]
*Reviser's note: RCW 82.44.110 and 82.44.150 were repealed by 2003
c 1 § 5.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
82.14.330
Effective date—1996 c 64: "This act shall take effect July 1, 1996."
[1996 c 64 § 2.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective dates—1990 2nd ex.s. c 1: See note following RCW
84.52.010.
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1985 c 57: See note following RCW 18.04.105.
Intent—1984 c 225: "It is the intent of the legislature to provide for the
allocation of moneys by the department of revenue from the municipal sales
and use tax equalization account to cities and towns initially incorporated on
or after January 1, 1983." [1984 c 225 § 1.]
Applicability—1984 c 225: "Sections 1 and 2 of this act apply to distributions for calendar year 1984 and thereafter which are made to cities and
towns that were initially incorporated on or after January 1, 1983, and that
impose the tax authorized by RCW 82.14.030(1)." [1984 c 225 § 3.]
Rules—1984 c 225: "The department of revenue shall adopt rules as
necessary to implement this act." [1984 c 225 § 7.]
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
82.14.330
82.14.330 Municipal criminal justice assistance
account—Transfers from general fund—Distributions
based on crime rate, population, and innovation—Limitations. (1) Beginning in fiscal year 2000, the state treasurer
shall transfer into the municipal criminal justice assistance
account for distribution under this section from the general
fund the sum of four million six hundred thousand dollars
divided into four equal deposits occurring on July 1, October
1, January 1, and April 1. For each fiscal year thereafter, the
state treasurer shall increase the total transfer by the fiscal
growth factor, as defined in RCW 43.135.025, forecast for
that fiscal year by the office of financial management in
November of the preceding year. The moneys deposited in
the municipal criminal justice assistance account for distribution under this section, less any moneys appropriated for purposes under subsection (4) of this section, shall be distributed
to the cities of the state as follows:
(a) Twenty percent appropriated for distribution shall be
distributed to cities with a three-year average violent crime
rate for each one thousand in population in excess of one hundred fifty percent of the statewide three-year average violent
crime rate for each one thousand in population. The threeyear average violent crime rate shall be calculated using the
violent crime rates for each of the preceding three years from
the annual reports on crime in Washington state as published
by the Washington association of sheriffs and police chiefs.
Moneys shall be distributed under this subsection (1)(a) ratably based on population as last determined by the office of
financial management, but no city may receive more than one
dollar per capita. Moneys remaining undistributed under this
subsection at the end of each calendar year shall be distributed to the criminal justice training commission to reimburse
participating city law enforcement agencies with ten or fewer
full-time commissioned patrol officers the cost of temporary
replacement of each officer who is enrolled in basic law
enforcement training, as provided in RCW 43.101.200.
(b) Sixteen percent shall be distributed to cities ratably
based on population as last determined by the office of financial management, but no city may receive less than one thousand dollars.
[2003 RCW Supp—page 1075]
82.14.335
Title 82 RCW: Excise Taxes
The moneys deposited in the municipal criminal justice
assistance account for distribution under this subsection shall
be distributed at such times as distributions are made under
*RCW 82.44.150.
Moneys distributed under this subsection shall be
expended exclusively for criminal justice purposes and shall
not be used to replace or supplant existing funding. Criminal
justice purposes are defined as activities that substantially
assist the criminal justice system, which may include circumstances where ancillary benefit to the civil justice system
occurs, and which includes domestic violence services such
as those provided by domestic violence programs, community advocates, and legal advocates, as defined in RCW
70.123.020. Existing funding for purposes of this subsection
is defined as calendar year 1989 actual operating expenditures for criminal justice purposes. Calendar year 1989
actual operating expenditures for criminal justice purposes
exclude the following: Expenditures for extraordinary events
not likely to reoccur, changes in contract provisions for criminal justice services, beyond the control of the local jurisdiction receiving the services, and major nonrecurring capital
expenditures.
(2) In addition to the distributions under subsection (1)
of this section:
(a) Ten percent shall be distributed on a per capita basis
to cities that contract with another governmental agency for
the majority of the city's law enforcement services. Cities
that subsequently qualify for this distribution shall notify the
department of community, trade, and economic development
by November 30th for the upcoming calendar year. The
department of community, trade, and economic development
shall provide a list of eligible cities to the state treasurer by
December 31st. The state treasurer shall modify the distribution of these funds in the following year. Cities have the
responsibility to notify the department of community, trade,
and economic development of any changes regarding these
contractual relationships. Adjustments in the distribution
formula to add or delete cities may be made only for the
upcoming calendar year; no adjustments may be made retroactively.
(b) The remaining fifty-four percent shall be distributed
to cities and towns by the state treasurer on a per capita basis.
These funds shall be used for: (i) Innovative law enforcement strategies; (ii) programs to help at-risk children or child
abuse victim response programs; and (iii) programs designed
to reduce the level of domestic violence or to provide counseling for domestic violence victims.
The moneys deposited in the municipal criminal justice
assistance account for distribution under this subsection, less
any moneys appropriated for purposes under subsection (4)
of this section, shall be distributed at the times as distributions are made under *RCW 82.44.150. Moneys remaining
undistributed under this subsection at the end of each calendar year shall be distributed to the criminal justice training
commission to reimburse participating city law enforcement
agencies with ten or fewer full-time commissioned patrol
officers the cost of temporary replacement of each officer
who is enrolled in basic law enforcement training, as provided in RCW 43.101.200.
If a city is found by the state auditor to have expended
funds received under this subsection in a manner that does
[2003 RCW Supp—page 1076]
not comply with the criteria under which the moneys were
received, the city shall be ineligible to receive future distributions under this subsection until the use of the moneys are
justified to the satisfaction of the director or are repaid to the
state general fund.
(3) Notwithstanding other provisions of this section, the
distributions to any city that substantially decriminalizes or
repeals its criminal code after July 1, 1990, and that does not
reimburse the county for costs associated with criminal cases
under RCW 3.50.800 or 3.50.805(2), shall be made to the
county in which the city is located.
(4) Not more than five percent of the funds deposited to
the municipal criminal justice assistance account shall be
available for appropriations for enhancements to the state
patrol crime laboratory system and the continuing costs
related to these enhancements. Funds appropriated from this
account for such enhancements shall not supplant existing
funds from the state general fund. [2003 c 90 § 1; 1998 c 321
§ 13 (Referendum Bill No. 49, approved November 3, 1998);
1995 c 398 § 13; 1994 c 273 § 22; 1993 sp.s. c 21 § 3; 1991 c
311 § 4; 1990 2nd ex.s. c 1 § 105.]
*Reviser's note: RCW 82.44.150 was repealed by 2003 c 1 (Initiative
776), however, the constitutionality of Initiative Measure No. 776 is being
challenged in Pierce Co. v. State of Washington, King Co. Superior Ct. No.
02-2-35125-5 SEA.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note following RCW 82.14.045.
Effective date—1994 c 273 § 22: "Section 22 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take
effect immediately [April 1, 1994]." [1994 c 273 § 24.]
Effective dates—1993 sp.s. c 21: See note following RCW 82.14.310.
Retroactive application—1991 c 311: "The changes contained in sections 2, 3, 4, and 5 of this act are remedial, curative, and clarify ambiguities
in prior existing law. These changes shall apply retroactively to July 1,
1990." [1991 c 311 § 6.]
Severability—1991 c 311: See note following RCW 82.14.310.
Effective dates—1990 2nd ex.s. c 1: See note following RCW
84.52.010.
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
82.14.335
82.14.335 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
82.14.440
82.14.440 Sales and use tax for passenger-only ferry
service. Public transportation benefit areas providing passenger-only ferry service as provided in RCW 36.57A.200
whose boundaries (1) are on the Puget Sound, but (2) do not
include an area where a regional transit authority has been
formed, may submit an authorizing proposition to the voters
and, if approved by a majority of persons voting, fix and
impose a sales and use tax in accordance with the terms of
this chapter, solely for the purpose of providing passengeronly ferry service.
The tax authorized by this section is in addition to other
taxes authorized by law and must be collected from those persons who are taxable by the state under chapters 82.08 and
82.12 RCW upon the occurrence of a taxable event within the
Public Utility Tax
82.23B.020
82.16.048
taxing district. The maximum rate of the tax must be
approved by the voters and may not exceed four-tenths of one
percent of the selling price in the case of a sales tax or value
of the article used in the case of a use tax. [2003 c 83 § 207.]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
82.16.048 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
82.16.049
82.16.049 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 82.19
82.14.450
82.14.450 Sales and use tax for counties and cities.
(1) A county legislative authority may submit an authorizing
proposition to the county voters at a primary or general election and, if the proposition is approved by a majority of persons voting, impose a sales and use tax in accordance with the
terms of this chapter. The title of each ballot measure must
clearly state the purposes for which the proposed sales and
use tax will be used. Funds raised under this tax shall not
supplant existing funds used for these purposes. The rate of
tax under this section shall not exceed three-tenths of one percent of the selling price in the case of a sales tax, or value of
the article used, in the case of a use tax.
(2) The tax authorized in this section is in addition to any
other taxes authorized by law and shall be collected from
those persons who are taxable by the state under chapters
82.08 and 82.12 RCW upon the occurrence of any taxable
event within the county.
(3) The retail sale or use of motor vehicles, and the lease
of motor vehicles for up to the first thirty-six months of the
lease, are exempt from tax imposed under this section.
(4) One-third of all money received under this section
shall be used solely for criminal justice purposes. For the
purposes of this subsection, "criminal justice purposes"
means additional police protection, mitigation of congested
court systems, or relief of overcrowded jails or other local
correctional facilities.
(5) Money received under this section shall be shared
between the county and the cities as follows: Sixty percent
shall be retained by the county and forty percent shall be distributed on a per capita basis to cities in the county. [2003 1st
sp.s. c 24 § 2.]
Finding—Intent—2003 1st sp.s. c 24: "The legislature finds that local
governments in the state of Washington face enormous challenges in the area
of criminal justice and public health. It is the legislature's intent to allow
general local governments to raise revenues in order to better protect the
health and safety of Washington state and its residents. It is further the intent
of the legislature to provide such local governments relief from regulatory
burdens that do not harm the public health and safety of the citizens of the
state as a means of minimizing the need to generate new revenues authorized
under this act." [2003 1st sp.s. c 24 § 1.]
Effective date—2003 1st sp.s. c 24: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect July
1, 2003." [2003 1st sp.s. c 24 § 6.]
Severability—2003 1st sp.s. c 24: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2003 1st sp.s. c 24 § 7.]
Chapter 82.16
Chapter 82.16 RCW
PUBLIC UTILITY TAX
Sections
82.16.048
82.16.049
Repealed.
Repealed.
Commute trip reduction incentives: Chapter 82.70 RCW.
Chapter 82.19 RCW
LITTER TAX
Sections
82.19.050
Exemptions.
82.19.050
82.19.050 Exemptions. The litter tax imposed in this
chapter does not apply to:
(1) The manufacture or sale of products for use and consumption outside the state;
(2) The value of products or gross proceeds of the sales
exempt from tax under RCW 82.04.330;
(3) The sale of products for resale by a qualified grocery
distribution cooperative to customer-owners of the grocery
distribution cooperative. For the purposes of this section,
"qualified grocery distribution cooperative" and "customerowner" have the meanings given in RCW 82.04.298; or
(4) The sale of food or beverages by retailers that are
sold solely for consumption indoors on the seller's premises.
[2003 c 120 § 1; 2001 1st sp.s. c 9 § 7; (2001 1st sp.s. c 9 § 8
expired July 22, 2001); 2001 c 118 § 7; 1992 c 175 § 7; 1971
ex.s. c 307 § 17. Formerly RCW 70.93.170.]
Effective date—2003 c 120: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 7, 2003]." [2003 c 120 § 2.]
Effective dates—2001 1st sp.s. c 9: See note following RCW
82.04.298.
Expiration dates—2001 1st sp.s. c 9: See note following RCW
82.04.290.
Chapter 82.23B
Chapter 82.23B RCW
OIL SPILL RESPONSE TAX
Sections
82.23B.020 Oil spill response tax—Oil spill administration tax.
82.23B.020
82.23B.020 Oil spill response tax—Oil spill administration tax. (1) An oil spill response tax is imposed on the
privilege of receiving crude oil or petroleum products at a
marine terminal within this state from a waterborne vessel or
barge operating on the navigable waters of this state. The tax
imposed in this section is levied upon the owner of the crude
oil or petroleum products immediately after receipt of the
same into the storage tanks of a marine terminal from a
waterborne vessel or barge at the rate of one cent per barrel of
crude oil or petroleum product received.
(2) In addition to the tax imposed in subsection (1) of this
section, an oil spill administration tax is imposed on the privilege of receiving crude oil or petroleum products at a marine
terminal within this state from a waterborne vessel or barge
operating on the navigable waters of this state. The tax
imposed in this section is levied upon the owner of the crude
oil or petroleum products immediately after receipt of the
same into the storage tanks of a marine terminal from a
[2003 RCW Supp—page 1077]
Chapter 82.24
Title 82 RCW: Excise Taxes
waterborne vessel or barge at the rate of four cents per barrel
of crude oil or petroleum product.
(3) The taxes imposed by this chapter shall be collected
by the marine terminal operator from the taxpayer. If any
person charged with collecting the taxes fails to bill the taxpayer for the taxes, or in the alternative has not notified the
taxpayer in writing of the imposition of the taxes, or having
collected the taxes, fails to pay them to the department in the
manner prescribed by this chapter, whether such failure is the
result of the person's own acts or the result of acts or conditions beyond the person's control, he or she shall, nevertheless, be personally liable to the state for the amount of the
taxes. Payment of the taxes by the owner to a marine terminal operator shall relieve the owner from further liability for
the taxes.
(4) Taxes collected under this chapter shall be held in
trust until paid to the department. Any person collecting the
taxes who appropriates or converts the taxes collected shall
be guilty of a gross misdemeanor if the money required to be
collected is not available for payment on the date payment is
due. The taxes required by this chapter to be collected shall
be stated separately from other charges made by the marine
terminal operator in any invoice or other statement of account
provided to the taxpayer.
(5) If a taxpayer fails to pay the taxes imposed by this
chapter to the person charged with collection of the taxes and
the person charged with collection fails to pay the taxes to the
department, the department may, in its discretion, proceed
directly against the taxpayer for collection of the taxes.
(6) The taxes shall be due from the marine terminal operator, along with reports and returns on forms prescribed by
the department, within twenty days after the end of the month
in which the taxable activity occurs.
(7) The amount of taxes, until paid by the taxpayer to the
marine terminal operator or to the department, shall constitute a debt from the taxpayer to the marine terminal operator.
Any person required to collect the taxes under this chapter
who, with intent to violate the provisions of this chapter, fails
or refuses to do so as required and any taxpayer who refuses
to pay any taxes due under this chapter, shall be guilty of a
misdemeanor as provided in chapter 9A.20 RCW.
(8) Upon prior approval of the department, the taxpayer
may pay the taxes imposed by this chapter directly to the
department. The department shall give its approval for direct
payment under this section whenever it appears, in the
department's judgment, that direct payment will enhance the
administration of the taxes imposed under this chapter. The
department shall provide by rule for the issuance of a direct
payment certificate to any taxpayer qualifying for direct payment of the taxes. Good faith acceptance of a direct payment
certificate by a terminal operator shall relieve the marine terminal operator from any liability for the collection or payment of the taxes imposed under this chapter.
(9) All receipts from the tax imposed in subsection (1) of
this section shall be deposited into the state oil spill response
account. All receipts from the tax imposed in subsection (2)
of this section shall be deposited into the oil spill prevention
account.
(10) Within forty-five days after the end of each calendar
quarter, the office of financial management shall determine
the balance of the oil spill response account as of the last day
[2003 RCW Supp—page 1078]
of that calendar quarter. Balance determinations by the office
of financial management under this section are final and shall
not be used to challenge the validity of any tax imposed under
this chapter. The office of financial management shall
promptly notify the departments of revenue and ecology of
the account balance once a determination is made. For each
subsequent calendar quarter, the tax imposed by subsection
(1) of this section shall be imposed during the entire calendar
quarter unless:
(a) Tax was imposed under subsection (1) of this section
during the immediately preceding calendar quarter, and the
most recent quarterly balance is more than nine million dollars; or
(b) Tax was not imposed under subsection (1) of this section during the immediately preceding calendar quarter, and
the most recent quarterly balance is more than eight million
dollars. [2003 1st sp.s. c 13 § 9; 2000 c 69 § 25; 1999 sp.s. c
7 § 1; 1997 c 449 § 2; 1995 c 399 § 214; 1992 c 73 § 7; 1991
c 200 § 802.]
Effective dates—2003 1st sp.s c 13: See note following RCW
63.29.020.
Effective date—1999 sp.s. c 7: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[June 7, 1999]." [1999 sp.s. c 7 § 4.]
Effective date—1997 c 449: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
[1997 c 449 § 6.]
Severability—1992 c 73: See RCW 90.56.905.
Chapter 82.24
Chapter 82.24 RCW
TAX ON CIGARETTES
Sections
82.24.020
82.24.030
82.24.040
82.24.050
82.24.110
82.24.130
82.24.145
82.24.210
82.24.250
82.24.260
82.24.500
82.24.570
82.24.020
Tax imposed—Additional taxes for specific purposes—
Absorption of tax—Possession defined.
Stamps.
Duty of wholesaler.
Retailer—Possession of unstamped cigarettes.
Other offenses—Penalties.
Seizure and forfeiture.
Forfeited property—Retention, sale, or destruction—Use of
sale proceeds.
Redemption of stamps.
Transportation of unstamped cigarettes—Invoices and delivery tickets required—Stop and inspect.
Selling or disposal of unstamped cigarettes—Person to pay
and remit tax or affix stamps—Liability.
Business of cigarette purchase, sale, consignment, or distribution—License required—Penalty.
Counterfeit cigarette offenses—Penalties.
82.24.020 Tax imposed—Additional taxes for specific purposes—Absorption of tax—Possession defined.
(1) There is levied and there shall be collected as provided in
this chapter, a tax upon the sale, use, consumption, handling,
possession or distribution of all cigarettes, in an amount equal
to the rate of eleven and one-half mills per cigarette.
(2) An additional tax is imposed upon the sale, use, consumption, handling, possession, or distribution of all cigarettes, in an amount equal to the rate of five and one-fourth
mills per cigarette. All revenues collected during any month
from this additional tax shall be deposited in the violence
reduction and drug enforcement account under RCW
69.50.520 by the twenty-fifth day of the following month.
Tax on Cigarettes
82.24.040
(3) An additional tax is imposed upon the sale, use, consumption, handling, possession, or distribution of all cigarettes, in an amount equal to the rate of ten mills per cigarette
through June 30, 1994, eleven and one-fourth mills per cigarette for the period July 1, 1994, through June 30, 1995,
twenty mills per cigarette for the period July 1, 1995, through
June 30, 1996, and twenty and one-half mills per cigarette
thereafter. All revenues collected during any month from this
additional tax shall be deposited in the health services
account created under RCW 43.72.900 by the twenty-fifth
day of the following month.
(4) Wholesalers subject to the payment of this tax may, if
they wish, absorb one-half mill per cigarette of the tax and
not pass it on to purchasers without being in violation of this
section or any other act relating to the sale or taxation of cigarettes.
(5) For purposes of this chapter, "possession" shall mean
both (a) physical possession by the purchaser and, (b) when
cigarettes are being transported to or held for the purchaser or
his or her designee by a person other than the purchaser, constructive possession by the purchaser or his or her designee,
which constructive possession shall be deemed to occur at the
location of the cigarettes being so transported or held. [2003
c 114 § 1; 1994 sp.s. c 7 § 904 (Referendum Bill No. 43,
approved November 8, 1994); 1993 c 492 § 307; 1989 c 271
§ 504; 1987 c 80 § 1; 1983 2nd ex.s. c 3 § 15; 1982 1st ex.s.
c 35 § 8; 1981 c 172 § 6; 1972 ex.s. c 157 § 3; 1971 ex.s. c
299 § 13; 1965 ex.s. c 173 § 23; 1961 ex.s. c 24 § 3; 1961 c
15 § 82.24.020. Prior: 1959 c 270 § 2; prior: 1949 c 228 §
13, part; 1943 c 156 § 11, part; 1941 c 178 § 13, part; 1939 c
225 § 23, part; 1935 c 180 § 82, part; Rem. Supp. 1949 §
8370-82, part.]
(2) Except as otherwise provided in this chapter, only a
wholesaler shall cause to be affixed on every package of cigarettes, stamps of an amount equaling the tax due thereon or
stamps identifying the cigarettes as exempt before he or she
sells, offers for sale, uses, consumes, handles, removes, or
otherwise disturbs and distributes the same: PROVIDED,
That where it is established to the satisfaction of the department that it is impractical to affix such stamps to the smallest
container or package, the department may authorize the affixing of stamps of appropriate denomination to a large container or package.
(3) Only wholesalers may purchase or obtain cigarette
stamps. Wholesalers shall not sell or provide stamps to any
other wholesaler or person.
(4) Each roll of stamps, or group of sheets, shall have a
separate serial number, which shall be legible at the point of
sale. The department of revenue shall keep records of which
wholesaler purchases each roll or group of sheets. If the
department of revenue permits wholesalers to purchase partial rolls or sheets, in no case may stamps bearing the same
serial number be sold to more than one wholesaler. The
remainder of the roll or sheet, if any, shall either be retained
for later purchases by the same wholesaler or destroyed.
(5) Nothing in this section shall be construed as limiting
any otherwise lawful activity under a cigarette tax compact
pursuant to chapter 43.06 RCW. [2003 c 114 § 2; 1995 c 278
§ 2; 1990 c 216 § 1; 1975 1st ex.s. c 278 § 61; 1961 c 15 §
82.24.030. Prior: 1959 c 270 § 3; prior: 1949 c 228 § 13,
part; 1943 c 156 § 11, part; 1941 c 178 § 13, part; 1939 c 225
§ 23, part; 1935 c 180 § 82, part; Rem. Supp. 1949 § 8370-82,
part.]
Contingent partial referendum—1994 sp.s. c 7 §§ 901-909: See note
following RCW 66.24.210.
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Finding—Intent—Severability—Effective dates—Contingent expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Effective dates—1989 c 271: See note following RCW 66.28.200.
Severability—1989 c 271: See note following RCW 9.94A.510.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
Effective dates—1981 c 172: See note following RCW 82.04.240.
Severability—1972 ex.s. c 157: "If any provision of this 1972 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of this 1972 amendatory act, or the application of the provision to
other persons or circumstances is not affected." [1972 ex.s. c 157 § 8.]
82.24.030
82.24.030 Stamps. (1) In order to enforce collection of
the tax hereby levied, the department of revenue shall design
and have printed stamps of such size and denominations as
may be determined by the department. The stamps must be
affixed on the smallest container or package that will be handled, sold, used, consumed, or distributed, to permit the
department to readily ascertain by inspection, whether or not
such tax has been paid or whether an exemption from the tax
applies.
Effective date—1995 c 278: See note following RCW 82.24.010.
82.24.040
82.24.040 Duty of wholesaler. (1) Except as authorized
by this chapter, no person other than a licensed wholesaler
shall possess in this state unstamped cigarettes.
(2) No wholesaler in this state may possess within this
state unstamped cigarettes except that:
(a) Every wholesaler in the state who is licensed under
Washington state law may possess within this state
unstamped cigarettes for such period of time after receipt as
is reasonably necessary to affix the stamps as required; and
(b) Any wholesaler in the state who is licensed under
Washington state law and who furnishes a surety bond in a
sum satisfactory to the department, shall be permitted to set
aside, without affixing the stamps required by this chapter,
such part of the wholesaler's stock as may be necessary for
the conduct of the wholesaler's business in making sales to
persons in another state or foreign country or to instrumentalities of the federal government. Such unstamped stock shall
be kept separate and apart from stamped stock.
(3) Every wholesaler licensed under Washington state
law shall, at the time of shipping or delivering any of the articles taxed herein to a point outside of this state or to a federal
instrumentality, make a true duplicate invoice of the same
which shall show full and complete details of the sale or
delivery, whether or not stamps were affixed thereto, and
shall transmit such true duplicate invoice to the department,
at Olympia, not later than the fifteenth day of the following
[2003 RCW Supp—page 1079]
82.24.050
Title 82 RCW: Excise Taxes
calendar month. For failure to comply with the requirements
of this section, the department may revoke the permission
granted to the taxpayer to maintain a stock of goods to which
the stamps required by this chapter have not been affixed.
(4) Unstamped cigarettes possessed by a wholesaler
under subsection (2) of this section that are transferred by the
wholesaler to another facility of the wholesaler within the
borders of Washington shall be transferred in compliance
with RCW 82.24.250.
(5) Every wholesaler who is licensed by Washington
state law shall sell cigarettes to retailers located in Washington only if the retailer has a current cigarette retailer's license
or is an Indian tribal organization authorized to possess
untaxed cigarettes under this chapter and the rules adopted by
the department.
(6) Nothing in this section shall be construed as limiting
any otherwise lawful activity under a cigarette tax compact
pursuant to chapter 43.06 RCW. [2003 c 114 § 3; 1995 c 278
§ 3; 1990 c 216 § 2; 1969 ex.s. c 214 § 1; 1961 c 15 §
82.24.040. Prior: 1959 c 270 § 4; prior: 1949 c 228 § 13,
part; 1943 c 156 § 11, part; 1941 c 178 § 13, part; 1939 c 225
§ 23, part; 1935 c 180 § 82, part; Rem. Supp. 1949 § 8370-82,
part.]
Effective date—1995 c 278: See note following RCW 82.24.010.
82.24.050
82.24.050 Retailer—Possession of unstamped cigarettes. (1) No retailer in this state may possess unstamped
cigarettes within this state unless the person is also a wholesaler in possession of the cigarettes in accordance with RCW
82.24.040.
(2) A retailer may obtain cigarettes only from a wholesaler subject to the provisions of this chapter. [2003 c 114 §
4; 1995 c 278 § 4; 1990 c 216 § 3; 1969 ex.s. c 214 § 2; 1961
c 15 § 82.24.050. Prior: 1959 c 270 § 5; prior: 1949 c 228 §
13, part; 1943 c 156 § 11, part; 1941 c 178 § 13, part; 1939 c
225 § 23, part; 1935 c 180 § 82, part; Rem. Supp. 1949 §
8370-82, part.]
Effective date—1995 c 278: See note following RCW 82.24.010.
82.24.110
82.24.110 Other offenses—Penalties. (1) Each of the
following acts is a gross misdemeanor and punishable as
such:
(a) To sell, except as a licensed wholesaler engaged in
interstate commerce as to the article being taxed herein, without the stamp first being affixed;
(b) To sell in Washington as a wholesaler to a retailer
who does not possess and is required to possess a current cigarette retailer's license;
(c) To use or have in possession knowingly or intentionally any forged or counterfeit stamps;
(d) For any person other than the department of revenue
or its duly authorized agent to sell any stamps not affixed to
any of the articles taxed herein whether such stamps are genuine or counterfeit;
(e) To violate any of the provisions of this chapter;
(f) To violate any lawful rule made and published by the
department of revenue or the board;
(g) To use any stamps more than once;
(h) To refuse to allow the department of revenue or its
duly authorized agent, on demand, to make full inspection of
[2003 RCW Supp—page 1080]
any place of business where any of the articles herein taxed
are sold or otherwise hinder or prevent such inspection;
(i) For any retailer to have in possession in any place of
business any of the articles herein taxed, unless the same
have the proper stamps attached;
(j) For any person to make, use, or present or exhibit to
the department of revenue or its duly authorized agent, any
invoice for any of the articles herein taxed which bears an
untrue date or falsely states the nature or quantity of the
goods therein invoiced;
(k) For any wholesaler or retailer or his or her agents or
employees to fail to produce on demand of the department of
revenue all invoices of all the articles herein taxed or stamps
bought by him or her or received in his or her place of business within five years prior to such demand unless he or she
can show by satisfactory proof that the nonproduction of the
invoices was due to causes beyond his or her control;
(l) For any person to receive in this state any shipment of
any of the articles taxed herein, when the same are not
stamped, for the purpose of avoiding payment of tax. It is
presumed that persons other than dealers who purchase or
receive shipments of unstamped cigarettes do so to avoid
payment of the tax imposed herein;
(m) For any person to possess or transport in this state a
quantity of sixty thousand cigarettes or less unless the proper
stamps required by this chapter have been affixed or unless:
(i) Notice of the possession or transportation has been given
as required by RCW 82.24.250; (ii) the person transporting
the cigarettes has in actual possession invoices or delivery
tickets which show the true name and address of the consignor or seller, the true name and address of the consignee or
purchaser, and the quantity and brands of the cigarettes so
transported; and (iii) the cigarettes are consigned to or purchased by any person in this state who is authorized by this
chapter to possess unstamped cigarettes in this state;
(n) To possess, sell, or transport within this state any
container or package of cigarettes that does not comply with
this chapter.
(2) It is unlawful for any person knowingly or intentionally to possess or to transport in this state a quantity in excess
of sixty thousand cigarettes unless the proper stamps required
by this chapter are affixed thereto or unless: (a) Proper notice
as required by RCW 82.24.250 has been given; (b) the person
transporting the cigarettes actually possesses invoices or
delivery tickets showing the true name and address of the
consignor or seller, the true name and address of the consignee or purchaser, and the quantity and brands of the cigarettes so transported; and (c) the cigarettes are consigned to or
purchased by a person in this state who is authorized by this
chapter to possess unstamped cigarettes in this state. Violation of this section shall be punished as a class C felony under
Title 9A RCW.
(3) All agents, employees, and others who aid, abet, or
otherwise participate in any way in the violation of the provisions of this chapter or in any of the offenses described in this
chapter shall be guilty and punishable as principals, to the
same extent as any wholesaler or retailer or any other person
violating this chapter. [2003 c 114 § 5; 1999 c 193 § 2; 1997
c 420 § 4; 1995 c 278 § 7; 1990 c 216 § 4; 1987 c 496 § 1;
1975 1st ex.s. c 278 § 63; 1961 c 15 § 82.24.110. Prior: 1941
c 178 § 15; 1935 c 180 § 86; Rem. Supp. 1941 § 8370-86.]
Tax on Cigarettes
Intent—Finding—Severability—Effective date—1999 c 193: See
notes following RCW 82.24.035.
Effective date—1995 c 278: See note following RCW 82.24.010.
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.24.130
82.24.130 Seizure and forfeiture. (1) The following
are subject to seizure and forfeiture:
(a) Subject to RCW 82.24.250, any articles taxed in this
chapter that are found at any point within this state, which
articles are held, owned, or possessed by any person, and that
do not have the stamps affixed to the packages or containers;
any container or package of cigarettes possessed or held for
sale that does not comply with this chapter; and any container
or package of cigarettes that is manufactured, sold, or possessed in violation of RCW 82.24.570.
(b) All conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, to transport, or in
any manner to facilitate the transportation, for the purpose of
sale or receipt of property described in (a) of this subsection,
except:
(i) A conveyance used by any person as a common or
contract carrier having in actual possession invoices or delivery tickets showing the true name and address of the consignor or seller, the true name of the consignee or purchaser,
and the quantity and brands of the cigarettes transported,
unless it appears that the owner or other person in charge of
the conveyance is a consenting party or privy to a violation of
this chapter;
(ii) A conveyance subject to forfeiture under this section
by reason of any act or omission of which the owner thereof
establishes to have been committed or omitted without his or
her knowledge or consent;
(iii) A conveyance encumbered by a bona fide security
interest if the secured party neither had knowledge of nor
consented to the act or omission.
(c) Any vending machine used for the purpose of violating the provisions of this chapter.
(d) Any cigarettes that are stamped, sold, imported, or
offered or possessed for sale in this state in violation of RCW
70.158.030(3). For the purposes of this subsection (1)(d),
"cig arettes" has the meaning as prov ided in RCW
70.158.020(3).
(e) All cigarettes sold, delivered, or attempted to be
delivered in violation of RCW 70.155.105.
(2) Property subject to forfeiture under this chapter may
be seized by any agent of the department authorized to collect
taxes, any enforcement officer of the board, or law enforcement officer of this state upon process issued by any superior
court or district court having jurisdiction over the property.
Seizure without process may be made if:
(a) The seizure is incident to an arrest or a search under a
search warrant or an inspection under an administrative
inspection warrant; or
(b) The department, the board, or the law enforcement
officer has probable cause to believe that the property was
used or is intended to be used in violation of this chapter and
exigent circumstances exist making procurement of a search
warrant impracticable.
(3) Notwithstanding the foregoing provisions of this section, articles taxed in this chapter which are in the possession
82.24.210
of a wholesaler, licensed under Washington state law, for a
period of time necessary to affix the stamps after receipt of
the articles, shall not be considered contraband unless they
are manufactured, sold, or possessed in violation of RCW
82.24.570. [2003 c 114 § 7; 2003 c 113 § 4; 2003 c 25 § 9;
1999 c 193 § 3; 1997 c 420 § 5; 1990 c 216 § 5; 1987 c 496 §
2; 1972 ex.s. c 157 § 5; 1961 c 15 § 82.24.130. Prior: 1941
c 178 § 16; 1935 c 180 § 88; Rem. Supp. 1941 § 8370-88.]
Reviser's note: This section was amended by 2003 c 25 § 9, 2003 c 113
§ 4, and by 2003 c 114 § 7, each without reference to the other. All amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Conflict of law—Severability—Effective date—2003 c 25: See RCW
70.158.900 and 70.158.901.
Intent—Finding—Severability—Effective date—1999 c 193: See
notes following RCW 82.24.035.
Severability—1972 ex.s. c 157: See note following RCW 82.24.020.
82.24.145
82.24.145 Forfeited property—Retention, sale, or
destruction—Use of sale proceeds. When property is forfeited under this chapter the department may:
(1) Retain the property or any part thereof for official use
or upon application by any law enforcement agency of this
state, another state, or the District of Columbia, or of the
United States for the exclusive use of enforcing the provisions of this chapter or the laws of any other state or the District of Columbia or of the United States.
(2) Sell the property at public auction to the highest bidder after due advertisement, but the department before delivering any of the goods so seized shall require the person to
whom the property is sold to affix the proper amount of
stamps. The proceeds of the sale and all moneys forfeited
under this chapter shall be first applied to the payment of all
proper expenses of any investigation leading to the seizure
and of the proceedings for forfeiture and sale, including
expenses of seizure, maintenance of custody, advertising, and
court costs. The balance of the proceeds and all moneys shall
be deposited in the general fund of the state. Proper expenses
of investigation includes costs incurred by any law enforcement agency or any federal, state, or local agency.
(3) Notwithstanding the provisions of subsections (1)
and (2) of this section, cigarettes seized for a violation of
RCW 82.24.035 or 70.158.030(3) shall be destroyed. For the
purposes of this subsection (3) "cigarettes" has the same
meaning as provided in RCW 70.158.020(3). [2003 c 25 §
10; 1999 c 193 § 4; 1987 c 496 § 4.]
Conflict of law—Severability—Effective date—2003 c 25: See RCW
70.158.900 and 70.158.901.
Intent—Finding—Severability—Effective date—1999 c 193: See
notes following RCW 82.24.035.
82.24.210
82.24.210 Redemption of stamps. The department of
revenue may promulgate rules and regulations providing for
the refund to dealers for the cost of stamps affixed to articles
taxed herein, which by reason of damage become unfit for
sale and are destroyed by the dealer or returned to the manufacturer or jobber. In the case of any articles to which stamps
have been affixed, and which articles have been sold and
shipped to a regular dealer in such articles in another state,
the seller in this state shall be entitled to a refund of the actual
amount of the stamps so affixed, less the affixing discount,
[2003 RCW Supp—page 1081]
82.24.250
Title 82 RCW: Excise Taxes
upon condition that the seller in this state makes affidavit that
the articles were sold and shipped outside of the state and that
he has received from the purchaser outside the state a written
acknowledgment that he has received such articles with the
amount of stamps affixed thereto, together with the name and
address of such purchaser. The department of revenue may
redeem any unused stamps purchased from it at the face value
thereof less the affixing discount. A distributor or wholesaler
that has lawfully affixed stamps to cigarettes, and subsequently is unable to sell those cigarettes lawfully because the
cigarettes are removed from the directory created pursuant to
RCW 70.158.030(2), may apply to the department for a
refund of the cost of the stamps. [2003 c 25 § 11; 1975 1st
ex.s. c 278 § 68; 1961 c 15 § 82.24.210. Prior: 1949 c 228 §
17; 1941 c 178 § 17; 1935 c 180 § 92; Rem. Supp. 1949 §
8370-92.]
Conflict of law—Severability—Effective date—2003 c 25: See RCW
70.158.900 and 70.158.901.
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
such agent, or such police officer, is authorized to stop such
vehicle and to inspect the same for contraband cigarettes.
(7) For purposes of this section, the term "person authorized by this chapter to possess unstamped cigarettes" means:
(a) A wholesaler, licensed under Washington state law;
(b) The United States or an agency thereof; and
(c) Any person, including an Indian tribal organization,
who, after notice has been given to the board as provided in
this section, brings or causes to be brought into the state
unstamped cigarettes, if within a period of time after receipt
of the cigarettes as the department determines by rule to be
reasonably necessary for the purpose the person has caused
stamps to be affixed in accordance with RCW 82.24.030 or
otherwise made payment of the tax required by this chapter in
the manner set forth in rules adopted by the department.
(8) Nothing in this section shall be construed as limiting
any otherwise lawful activity under a cigarette tax compact
pursuant to chapter 43.06 RCW. [2003 c 114 § 8; 1997 c 420
§ 7; 1995 c 278 § 10; 1990 c 216 § 6; 1972 ex.s. c 157 § 6.]
Effective date—1995 c 278: See note following RCW 82.24.010.
82.24.250
82.24.250 Transportation of unstamped cigarettes—
Invoices and delivery tickets required—Stop and inspect.
(1) No person other than: (a) A licensed wholesaler in the
wholesaler's own vehicle; or (b) a person who has given
notice to the board in advance of the commencement of transportation shall transport or cause to be transported in this
state cigarettes not having the stamps affixed to the packages
or containers.
(2) When transporting unstamped cigarettes, such persons shall have in their actual possession or cause to have in
the actual possession of those persons transporting such cigarettes on their behalf invoices or delivery tickets for such cigarettes, which shall show the true name and address of the
consignor or seller, the true name and address of the consignee or purchaser, and the quantity and brands of the cigarettes so transported.
(3) If the cigarettes are consigned to or purchased by any
person in this state such purchaser or consignee must be a
person who is authorized by this chapter to possess
unstamped cigarettes in this state.
(4) In the absence of the notice of transportation required
by this section or in the absence of such invoices or delivery
tickets, or, if the name or address of the consignee or purchaser is falsified or if the purchaser or consignee is not a person authorized by this chapter to possess unstamped cigarettes, the cigarettes so transported shall be deemed contraband subject to seizure and sale under the provisions of RCW
82.24.130.
(5) Transportation of cigarettes from a point outside this
state to a point in some other state will not be considered a
violation of this section provided that the person so transporting such cigarettes has in his possession adequate invoices or
delivery tickets which give the true name and address of such
out-of-state seller or consignor and such out-of-state purchaser or consignee.
(6) In any case where the department or its duly authorized agent, or any peace officer of the state, has knowledge
or reasonable grounds to believe that any vehicle is transporting cigarettes in violation of this section, the department,
[2003 RCW Supp—page 1082]
Severability—1972 ex.s. c 157: See note following RCW 82.24.020.
82.24.260
82.24.260 Selling or disposal of unstamped cigarettes—Person to pay and remit tax or affix stamps—Liability. (1) Other than:
(a) A wholesaler required to be licensed under this chapter;
(b) A federal instrumentality with respect to sales to
authorized military personnel; or
(c) An Indian tribal organization with respect to sales to
enrolled members of the tribe,
a person who is in lawful possession of unstamped cigarettes
and who intends to sell or otherwise dispose of the cigarettes
shall pay, or satisfy its precollection obligation that is
imposed by this chapter, the tax required by this chapter by
remitting the tax or causing stamps to be affixed in the manner provided in rules adopted by the department.
(2) When stamps are required to be affixed, the person
may deduct from the tax collected the compensation allowable under this chapter. The remittance or the affixing of
stamps shall, in the case of cigarettes obtained in the manner
set forth in RCW 82.24.250(7)(c), be made at the same time
and manner as required in RCW 82.24.250(7)(c).
(3) This section shall not relieve the buyer or possessor
of unstamped cigarettes from personal liability for the tax
imposed by this chapter.
(4) Nothing in this section shall relieve a wholesaler
from the requirements of affixing stamps pursuant to RCW
82.24.040 and 82.24.050. [2003 c 114 § 9; 1995 c 278 § 11;
1987 c 80 § 3; 1986 c 3 § 13. Prior: 1983 c 189 § 3; 1983 c
3 § 217; 1975 1st ex.s. c 22 § 1; 1972 ex.s. c 157 § 7.]
Effective date—1995 c 278: See note following RCW 82.24.010.
Severability—1986 c 3: See RCW 70.146.900.
Effective dates—1986 c 3: See note following RCW 82.24.027.
Severability—1983 c 189: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 189 § 10.]
Severability—1972 ex.s. c 157: See note following RCW 82.24.020.
Tax on Enhanced Food Fish
82.29A.135
82.24.500
82.24.500 Business of cigarette purchase, sale, consignment, or distribution—License required—Penalty.
No person may engage in or conduct the business of purchasing, selling, consigning, or distributing cigarettes in this state
without a license under this chapter. A violation of this section is a class C felony. [2003 c 114 § 10; 1986 c 321 § 4.]
Policy—Intent—1986 c 321: "It is the policy of the legislature to
encourage competition by reducing the government's role in price setting. It
is the legislature's intent to leave price setting mainly to the forces of the marketplace. In the field of cigarette sales, the legislature finds that the goal of
open competition should be balanced against the public policy disallowing
use of cigarette sales as loss leaders. To balance these public policies, it is
the intent of the legislature to repeal the unfair cigarette sales below cost act
and to declare the use of cigarettes as loss leaders as an unfair practice under
the consumer protection act." [1986 c 321 § 1.]
Savings—1986 c 321: "A cigarette wholesalers or retailers license
issued by the department of licensing under RCW 19.91.130 in good standing on the July 1, 1991, constitutes a license under RCW 82.24.500." [1986
c 321 § 11.]
Effective date—1986 c 321: "Sections 1 and 4 through 14 of this act
shall take effect on July 1, 1991." [1986 c 321 § 15.]
82.24.570
82.24.570 Counterfeit cigarette offenses—Penalties.
(1) It is unlawful for any person to knowingly manufacture,
sell, or possess counterfeit cigarettes. A cigarette is "counterfeit" if:
(a) The cigarette or its packaging bears any reproduction
or copy of a trademark, service mark, trade name, label, term,
design, or work adopted or used by a manufacturer to identify
its own cigarettes; and
(b) The cigarette is not manufactured by the owner or
holder of that trademark, service mark, trade name, label,
term, design, or work, or by any authorized licensee of that
person.
(2) Any person who violates the provisions of this section is guilty of a class C felony which is punishable by up to
five years in prison and a fine of up to ten thousand dollars.
(3) Any person who is convicted of a second or subsequent violation of the provisions of this section is guilty of a
class B felony which is punishable by up to ten years in
prison and a fine of up to twenty thousand dollars. [2003 c
114 § 6.]
Chapter 82.27
Chapter 82.27 RCW
TAX ON ENHANCED FOOD FISH
Sections
82.27.060
82.27.070
82.27.060
Payment of tax—Remittance—Returns.
Deposit of taxes.
82.27.060 Payment of tax—Remittance—Returns.
The taxes levied by this chapter shall be due for payment
monthly and remittance therefor shall be made within twenty
days after the end of the month in which the taxable activity
occurs. The taxpayer on or before the due date shall make out
a signed return, setting out such information as the department of revenue may require, including the gross measure of
the tax, any deductions, credits, or exemptions claimed, and
the amount of tax due for the preceding monthly period,
which amount shall be transmitted to the department along
with the return.
The department may relieve any taxpayer from the obligation of filing a monthly return and may require the return to
cover other periods, but in no event may periodic returns be
filed for a period greater than one year. In such cases tax payments are due on or before the last day of the month next succeeding the end of the period covered by the return. [2003 1st
sp.s. c 13 § 10; 1990 c 214 § 1; 1980 c 98 § 6.]
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
82.27.070
82.27.070 Deposit of taxes. All taxes collected by the
department of revenue under this chapter shall be deposited
in the state general fund except for the excise tax on anadromous game fish, which shall be deposited in the wildlife
fund, and, during the period January 1, 2000, to December
31, 2005, twenty-five forty-sixths of the revenues derived
from the excise tax on sea urchins collected under RCW
82.27.020 shall be deposited into the sea urchin dive fishery
account created in RCW 77.70.150, and twenty-five fortysixths of the revenues derived from the excise tax on sea
cucumbers collected under RCW 82.27.020 shall be deposited into the sea cucumber dive fishery account created in
RCW 77.70.190. [2003 c 39 § 46; 1999 c 126 § 4; 1988 c 36
§ 61; 1983 c 284 § 7; 1980 c 98 § 7.]
Findings—Intent—1983 c 284: See note following RCW 82.27.020.
Chapter 82.29A
Chapter 82.29A RCW
LEASEHOLD EXCISE TAX
Sections
82.29A.135 Exemptions—Property used to manufacture alcohol, biodiesel, or wood biomass fuel.
82.29A.137 Exemptions—Certain leasehold interests related to the manufacture of superefficient airplanes. (Contingent effective
date; expires July 1, 2024.)
82.29A.135
82.29A.135 Exemptions—Property used to manufacture alcohol, biodiesel, or wood biomass fuel. (1) For the
purposes of this section:
(a) "Alcohol fuel" means any alcohol made from a product other than petroleum or natural gas, which is used alone
or in combination with gasoline or other petroleum products
for use as a fuel for motor vehicles, farm implements, and
machines or implements of husbandry.
(b) "Biodiesel feedstock" means oil that is produced
from an agricultural crop for the sole purpose of ultimately
producing biodiesel fuel.
(c) "Biodiesel fuel" means a mono alkyl ester of long
chain fatty acids derived from vegetable oils or animal fats
for use in compression-ignition engines and that meets the
requirements of the American society of testing and materials
specification D 6751 in effect as of January 1, 2003.
(d) "Wood biomass fuel" means a pyrolytic liquid fuel or
synthesis gas-derived liquid fuel, used in internal combustion
engines, and produced from wood, forest, or field residue, or
dedicated energy crops that do not include wood pieces that
have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chroma-arsenic.
(2)(a) All leasehold interests in buildings, machinery,
equipment, and other personal property which is used primarily for the manufacturing of alcohol fuel, wood biomass fuel,
biodiesel fuel, or biodiesel feedstock, the land upon which
this property is located, and land that is reasonably necessary
in the manufacturing of alcohol fuel, wood biomass fuel,
[2003 RCW Supp—page 1083]
82.29A.137
Title 82 RCW: Excise Taxes
biodiesel fuel, or biodiesel feedstock, but not land necessary
for growing of crops, which together comprise a new manufacturing facility or an addition to an existing manufacturing
facility, are exempt from leasehold taxes for a period of six
years from the date on which the facility or the addition to the
existing facility becomes operational.
(b) For manufacturing facilities which produce products
in addition to alcohol fuel, wood biomass fuel, biodiesel fuel,
or biodiesel feedstock, the amount of the leasehold tax
exemption shall be based upon the annual percentage of the
total value of all products manufactured that is the value of
the alcohol fuel, wood biomass fuel, biodiesel fuel, and
biodiesel feedstock manufactured.
(3) Claims for exemptions authorized by this section
shall be filed with the department of revenue on forms prescribed by the department of revenue and furnished by the
department of revenue. Once filed, the exemption is valid for
six years and shall not be renewed. The department of revenue shall verify and approve claims as the department of revenue determines to be justified and in accordance with this
section. No claims may be filed after December 31, 2009.
The department of revenue may promulgate such rules,
pursuant to chapter 34.05 RCW, as are necessary to properly
administer this section. [2003 c 339 § 10; 2003 c 261 § 10;
1985 c 371 § 3; 1980 c 157 § 2.]
Reviser's note: This section was amended by 2003 c 261 § 10 and by
2003 c 339 § 10, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective dates—2003 c 339: See note following RCW 82.69.030.
Effective dates—2003 c 261: See note following RCW 82.68.030.
82.29A.137
82.29A.137 Exemptions—Certain leasehold interests
related to the manufacture of superefficient airplanes.
(Contingent effective date; expires July 1, 2024.) (1) All
leasehold interests in port district facilities exempt from tax
under RCW 82.08.980 or 82.12.980 and used by a manufacturer engaged in the manufacturing of superefficient airplanes, as defined in RCW 82.32.550, are exempt from tax
under this chapter. A person taking the credit under RCW
82.04.4463 is not eligible for the exemption under this section.
(2) In addition to all other requirements under this title, a
person taking the exemption under this section must report as
required under RCW 82.32.545.
(3) This section expires July 1, 2024. [2003 2nd sp.s. c 1
§ 13.]
Contingent effective date—2003 2nd sp.s. c 1: See RCW 82.32.550.
Finding—2003 2nd sp.s. c 1: See note following RCW 82.04.4461.
Chapter 82.32 RCW
GENERAL ADMINISTRATIVE PROVISIONS
Chapter 82.32
Sections
82.32.020
82.32.033
82.32.045
82.32.050
82.32.060
Definitions.
Registration certificates—Special events—Promoter's
duties—Penalties—Definitions.
Taxes—When due and payable—Reporting periods—Verified
annual returns—Relief from filing requirements.
Deficient tax or penalty payments—Notice—Interest—Limitations.
Excess payment of tax, penalty, or interest—Credit or
refund—Payment of judgments for refund. (Effective January 1, 2004.)
[2003 RCW Supp—page 1084]
82.32.090
82.32.140
82.32.430
82.32.520
82.32.525
82.32.530
82.32.535
82.32.540
82.32.545
82.32.550
Late payment—Disregard of written instructions—Evasion—
Penalties.
Taxpayer quitting business—Liability of successor.
Liability for tax rate calculation errors. (Effective July 1,
2004.)
Sourcing of calls. (Effective July 1, 2004.)
Purchaser's cause of action for over-collected sales or use tax.
(Effective July 1, 2004.)
Seller nexus. (Effective July 1, 2004.)
Annual report by semiconductor businesses. (Contingent
effective date.)
Report to department by certain aviation repair businesses.
(Expires July 1, 2006.)
Annual report for airplane manufacturing tax preferences.
(Contingent effective date.)
Contingent effective date for aerospace tax incentives—
Department date determinations and notice requirements.
82.32.020
82.32.020 Definitions. For the purposes of this chapter:
The meaning attributed in chapters 82.01 through 82.27
RCW to the words and phrases "tax year," "taxable year,"
"person," "company," "gross proceeds of sales," "gross
income of the business," "business," "engaging in business,"
"successor," "gross operating revenue," "gross income," "taxpayer," "retail sale," and "value of products" shall apply
equally to the provisions of this chapter. [2003 1st sp.s. c 13
§ 16; 1983 c 3 § 220; 1961 c 15 § 82.32.020. Prior: 1935 c
180 § 186; RRS § 8370-186.]
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
82.32.033
82.32.033 Registration certificates—Special events—
Promoter's duties—Penalties—Definitions. (1) A promoter of a special event within the state of Washington shall
not permit a vendor to make or solicit retail sales of tangible
personal property or services at the special event unless the
promoter obtains verification that the vendor has obtained a
certificate of registration from the department.
(2) A promoter of a special event shall:
(a) Keep, in addition to the records required under RCW
82.32.070, a record of the dates and place of each special
event, and the name, address, and registration certificate
number of vendors permitted to make or solicit retail sales of
tangible personal property or services at the special event;
and
(b) Provide to the department, within twenty days of
receipt of a written request from the department, a list of vendors permitted to make or solicit retail sales of tangible personal property or services. The list shall be in a form and
contain such information as the department may require, and
shall include the date and place of the event, and the name,
address, and registration certificate number of each vendor.
(3) If a promoter fails to comply with the provisions of
this section, the promoter is liable for the penalties provided
in this subsection (3).
(a) If a promoter fails to comply with the provisions of
subsection (1) of this section, the department shall impose a
penalty of one hundred dollars for each vendor permitted to
make or solicit retail sales of tangible personal property or
services at the special event.
(b) If a promoter fails to comply with the provisions of
subsection (2)(b) of this section, the department shall impose
a penalty of:
General Administrative Provisions
(i) Two hundred fifty dollars if the information requested
is not received by the department within twenty days of the
department's written request; and
(ii) One hundred dollars for each vendor for whom the
information as required by subsection (2)(b) of this section is
not provided to the department.
(4) The aggregate of penalties imposed under subsection
(3) of this section may not exceed two thousand five hundred
dollars for a special event if the promoter has not previously
been penalized under this section. Under no circumstances is
a promoter liable for sales tax or business and occupation tax
not remitted to the department by a vendor at a special event.
(5) The department shall notify a promoter by mail of
any penalty imposed under this section, and the penalty shall
be due within thirty days from the date of the notice. If any
penalty imposed under this section is not received by the
department by the due date, there shall be assessed interest on
the unpaid amount beginning the day following the due date
until the penalty is paid in full. The rate of interest shall be
computed on a daily basis on the amount of outstanding penalty at the rate as computed under RCW 82.32.050(2). The
rate computed shall be adjusted annually in the same manner
as provided in RCW 82.32.050(1)(c).
(6) For purposes of this section:
(a) "Promoter" means a person who organizes, operates,
or sponsors a special event and who contracts with vendors
for participation in the special event.
(b) "Special event" means an entertainment, amusement,
recreational, educational, or marketing event, whether held
on a regular or irregular basis, at which more than one vendor
makes or solicits retail sales of tangible personal property or
services. The term includes, but is not limited to: Auto
shows, recreational vehicle shows, boat shows, home shows,
garden shows, hunting and fishing shows, stamp shows,
comic book shows, sports memorabilia shows, craft shows,
art shows, antique shows, flea markets, exhibitions, festivals,
concerts, swap meets, bazaars, carnivals, athletic contests,
circuses, fairs, or other similar activities. "Special event"
does not include an event that is organized for the exclusive
benefit of any nonprofit organization as defined in RCW
82.04.3651. An event is organized for the exclusive benefit
of a nonprofit organization if all of the gross proceeds of
retail sales of all vendors at the event inure to the benefit of
the nonprofit organization on whose behalf the event is being
held. "Special event" does not include athletic contests that
involve competition between teams, when such competition
consists of more than five contests in a calendar year by at
least one team at the same facility or site.
(c) "Vendor" means a person who, at a special event,
makes or solicits retail sales of tangible personal property or
services.
(7) This section does not apply to:
(a) A special event whose promoter does not charge
more than two hundred dollars for a vendor to participate in a
special event;
(b) A special event whose promoter charges a percentage
of sales instead of, or in addition to, a flat charge for a vendor
to participate in a special event if the promoter, in good faith,
believes that no vendor will pay more than two hundred dollars to participate in the special event; or
82.32.050
(c) A person who does not organize, operate, or sponsor
a special event, but only provides a venue, supplies, furnishings, fixtures, equipment, or services to a promoter of a special event. [2003 1st sp.s. c 13 § 15.]
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
82.32.045
82.32.045 Taxes—When due and payable—Reporting periods—Verified annual returns—Relief from filing
requirements. (1) Except as otherwise provided in this
chapter, payments of the taxes imposed under chapters 82.04,
82.08, 82.12, 82.14, and 82.16 RCW, along with reports and
returns on forms prescribed by the department, are due
monthly within twenty days after the end of the month in
which the taxable activities occur.
(2) The department of revenue may relieve any taxpayer
or class of taxpayers from the obligation of remitting monthly
and may require the return to cover other longer reporting
periods, but in no event may returns be filed for a period
greater than one year. For these taxpayers, tax payments are
due on or before the last day of the month next succeeding the
end of the period covered by the return.
(3) The department of revenue may also require verified
annual returns from any taxpayer, setting forth such additional information as it may deem necessary to correctly
determine tax liability.
(4) Notwithstanding subsections (1) and (2) of this section, the department may relieve any person of the requirement to file returns if the following conditions are met:
(a) The person's value of products, gross proceeds of
sales, or gross income of the business, from all business
activities taxable under chapter 82.04 RCW, is less than
twenty-eight thousand dollars per year;
(b) The person's gross income of the business from all
activities taxable under chapter 82.16 RCW is less than
twenty-four thousand dollars per year; and
(c) The person is not required to collect or pay to the
department of revenue any other tax or fee which the department is authorized to collect. [2003 1st sp.s. c 13 § 8; 1999 c
357 § 1; 1996 c 111 § 3; 1983 2nd ex.s. c 3 § 63; 1982 1st
ex.s. c 35 § 27; 1981 c 172 § 7; 1981 c 7 § 1.]
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
Intent—1999 c 357: "It is the intent of the legislature to allow the
department of revenue to increase its ability to provide timely and cost-effective service to taxpayers." [1999 c 357 § 2.]
Effective date—1999 c 357: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999."
[1999 c 357 § 4.]
Findings—Purpose—Effective date—1996 c 111: See notes following RCW 82.32.030.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
Effective dates—1981 c 172: See note following RCW 82.04.240.
Effective date—1981 c 7: "This act shall take effect October 1, 1981."
[1981 c 172 § 9; 1981 c 7 § 5.]
82.32.050
82.32.050 Deficient tax or penalty payments—
Notice—Interest—Limitations. (1) If upon examination of
[2003 RCW Supp—page 1085]
82.32.060
Title 82 RCW: Excise Taxes
any returns or from other information obtained by the department it appears that a tax or penalty has been paid less than
that properly due, the department shall assess against the taxpayer such additional amount found to be due and shall add
thereto interest on the tax only. The department shall notify
the taxpayer by mail of the additional amount and the additional amount shall become due and shall be paid within
thirty days from the date of the notice, or within such further
time as the department may provide.
(a) For tax liabilities arising before January 1, 1992,
interest shall be computed at the rate of nine percent per
annum from the last day of the year in which the deficiency is
incurred until the earlier of December 31, 1998, or the date of
payment. After December 31, 1998, the rate of interest shall
be variable and computed as provided in subsection (2) of
this section. The rate so computed shall be adjusted on the
first day of January of each year for use in computing interest
for that calendar year.
(b) For tax liabilities arising after December 31, 1991,
the rate of interest shall be variable and computed as provided
in subsection (2) of this section from the last day of the year
in which the deficiency is incurred until the date of payment.
The rate so computed shall be adjusted on the first day of January of each year for use in computing interest for that calendar year.
(c) Interest imposed after December 31, 1998, shall be
computed from the last day of the month following each calendar year included in a notice, and the last day of the month
following the final month included in a notice if not the end
of a calendar year, until the due date of the notice. If payment
in full is not made by the due date of the notice, additional
interest shall be computed until the date of payment. The rate
of interest shall be variable and computed as provided in subsection (2) of this section. The rate so computed shall be
adjusted on the first day of January of each year for use in
computing interest for that calendar year.
(2) For the purposes of this section, the rate of interest to
be charged to the taxpayer shall be an average of the federal
short-term rate as defined in 26 U.S.C. Sec. 1274(d) plus two
percentage points. The rate set for each new year shall be
computed by taking an arithmetical average to the nearest
percentage point of the federal short-term rate, compounded
annually. That average shall be calculated using the rates
from four months: January, April, and July of the calendar
year immediately preceding the new year, and October of the
previous preceding year.
(3) No assessment or correction of an assessment for
additional taxes, penalties, or interest due may be made by
the department more than four years after the close of the tax
year, except (a) against a taxpayer who has not registered as
required by this chapter, (b) upon a showing of fraud or of
misrepresentation of a material fact by the taxpayer, or (c)
where a taxpayer has executed a written waiver of such limitation. The execution of a written waiver shall also extend
the period for making a refund or credit as provided in RCW
82.32.060(2).
(4) For the purposes of this section, "return" means any
document a person is required by the state of Washington to
file to satisfy or establish a tax or fee obligation that is administered or collected by the department of revenue and that has
a statutorily defined due date. [2003 c 73 § 1; 1997 c 157 §
[2003 RCW Supp—page 1086]
1; 1996 c 149 § 2; 1992 c 169 § 1; 1991 c 142 § 9; 1989 c 378
§ 19; 1971 ex.s. c 299 § 16; 1965 ex.s. c 141 § 1; 1961 c 15 §
82.32.050. Prior: 1951 1st ex.s. c 9 § 5; 1949 c 228 § 20;
1945 c 249 § 9; 1939 c 225 § 27; 1937 c 227 § 17; 1935 c 180
§ 188; Rem. Supp. 1949 § 8370-188.]
Findings—Intent—1996 c 149: "The legislature finds that a consistent
application of interest and penalties is in the best interest of the residents of
the state of Washington. The legislature also finds that the goal of the department of revenue's interest and penalty system should be to encourage taxpayers to voluntarily comply with Washington's tax code in a timely manner.
The administration of tax programs requires that there be consequences for
those taxpayers who do not timely satisfy their reporting and tax obligations,
but these consequences should not be so severe as to discourage taxpayers
from voluntarily satisfying their tax obligations.
It is the intent of the legislature that, to the extent possible, a single
interest and penalty system apply to all tax programs administered by the
department of revenue." [1996 c 149 § 1.]
Effective date—1996 c 149: "This act shall take effect January 1,
1997." [1996 c 149 § 20.]
Effective date—Applicability—1992 c 169: "(1) This act shall take
effect July 1, 1992.
(2) This act is effective for all written waivers that remain enforceable
as of July 1, 1992." [1992 c 169 § 4.]
Effective date—1991 c 142 §§ 9-11: "Sections 9 through 11 of this act
shall take effect January 1, 1992." [1991 c 142 § 13.]
Severability—1991 c 142: See RCW 82.32A.900.
Effective dates—Severability—1971 ex.s. c 299: See notes following
RCW 82.04.050.
82.32.060
82.32.060 Excess payment of tax, penalty, or interest—Credit or refund—Payment of judgments for
refund. (Effective January 1, 2004.) (1) If, upon receipt of
an application by a taxpayer for a refund or for an audit of the
taxpayer's records, or upon an examination of the returns or
records of any taxpayer, it is determined by the department
that within the statutory period for assessment of taxes, penalties, or interest prescribed by RCW 82.32.050 any amount
of tax, penalty, or interest has been paid in excess of that
properly due, the excess amount paid within, or attributable
to, such period shall be credited to the taxpayer's account or
shall be refunded to the taxpayer, at the taxpayer's option.
Except as provided in subsection (2) of this section, no refund
or credit shall be made for taxes, penalties, or interest paid
more than four years prior to the beginning of the calendar
year in which the refund application is made or examination
of records is completed.
(2) The execution of a written waiver under RCW
82.32.050 or 82.32.100 shall extend the time for making a
refund or credit of any taxes paid during, or attributable to,
the years covered by the waiver if, prior to the expiration of
the waiver period, an application for refund of such taxes is
made by the taxpayer or the department discovers a refund or
credit is due.
(3) Any such refunds shall be made by means of vouchers approved by the department and by the issuance of state
warrants drawn upon and payable from such funds as the legislature may provide. However, taxpayers who are required
to pay taxes by electronic funds transfer under RCW
82.32.080 shall have any refunds paid by electronic funds
transfer.
(4) Any judgment for which a recovery is granted by any
court of competent jurisdiction, not appealed from, for tax,
penalties, and interest which were paid by the taxpayer, and
costs, in a suit by any taxpayer shall be paid in the same man-
General Administrative Provisions
ner, as provided in subsection (3) of this section, upon the filing with the department of a certified copy of the order or
judgment of the court.
(a) Interest at the rate of three percent per annum shall be
allowed by the department and by any court on the amount of
any refund, credit, or other recovery allowed to a taxpayer for
taxes, penalties, or interest paid by the taxpayer before January 1, 1992. This rate of interest shall apply for all interest
allowed through December 31, 1998. Interest allowed after
December 31, 1998, shall be computed at the rate as computed under RCW 82.32.050(2). The rate so computed shall
be adjusted on the first day of January of each year for use in
computing interest for that calendar year.
(b) For refunds or credits of amounts paid or other recovery allowed to a taxpayer after December 31, 1991, the rate of
interest shall be the rate as computed for assessments under
RCW 82.32.050(2) less one percent. This rate of interest
shall apply for all interest allowed through December 31,
1998. Interest allowed after December 31, 1998, shall be
computed at the rate as computed under RCW 82.32.050(2).
The rate so computed shall be adjusted on the first day of January of each year for use in computing interest for that calendar year.
(5) Interest allowed on a credit notice or refund issued
after December 31, 2003, shall be computed as follows:
(a) If all overpayments for each calendar year and all
reporting periods ending with the final month included in a
notice or refund were made on or before the due date of the
final return for each calendar year or the final reporting
period included in the notice or refund:
(i) Interest shall be computed from January 31st following each calendar year included in a notice or refund; or
(ii) Interest shall be computed from the last day of the
month following the final month included in a notice or
refund.
(b) If the taxpayer has not made all overpayments for
each calendar year and all reporting periods ending with the
final month included in a notice or refund on or before the
dates specified by RCW 82.32.045 for the final return for
each calendar year or the final month included in the notice or
refund, interest shall be computed from the last day of the
month following the date on which payment in full of the liabilities was made for each calendar year included in a notice
or refund, and the last day of the month following the date on
which payment in full of the liabilities was made if the final
month included in a notice or refund is not the end of a calendar year.
(c) Interest included in a credit notice shall accrue up to
the date the taxpayer could reasonably be expected to use the
credit notice, as defined by the department's rules. If a credit
notice is converted to a refund, interest shall be recomputed
to the date the refund is issued, but not to exceed the amount
of interest that would have been allowed with the credit
notice. [2003 c 73 § 2; 1999 c 358 § 13; 1997 c 157 § 2; 1992
c 169 § 2; 1991 c 142 § 10; 1990 c 69 § 1; 1989 c 378 § 20;
1979 ex.s. c 95 § 4; 1971 ex.s. c 299 § 17; 1965 ex.s. c 173 §
27; 1963 c 22 § 1; 1961 c 15 § 82.32.060. Prior: 1951 1st
ex.s. c 9 § 6; 1949 c 228 § 21; 1935 c 180 § 189; Rem. Supp.
1949 § 8370-189.]
Effective date—2003 c 73 § 2: "Section 2 of this act takes effect January 1, 2004." [2003 c 73 § 3.]
82.32.090
Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW
82.04.3651.
Effective date—Applicability—1992 c 169: See note following RCW
82.32.050.
Effective date—1991 c 142 §§ 9-11: See note following RCW
82.32.050.
Severability—1991 c 142: See RCW 82.32A.900.
Effective date—1990 c 69: "This act shall take effect January 1, 1991."
[1990 c 69 § 5.]
Severability—1990 c 69: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1990 c 69 § 4.]
Effective dates—Severability—1971 ex.s. c 299: See notes following
RCW 82.04.050.
82.32.090
82.32.090 Late payment—Disregard of written
instructions—Evasion—Penalties. (1) If payment of any
tax due on a return to be filed by a taxpayer is not received by
the department of revenue by the due date, there shall be
assessed a penalty of five percent of the amount of the tax;
and if the tax is not received on or before the last day of the
month following the due date, there shall be assessed a total
penalty of fifteen percent of the amount of the tax under this
subsection; and if the tax is not received on or before the last
day of the second month following the due date, there shall be
assessed a total penalty of twenty-five percent of the amount
of the tax under this subsection. No penalty so added shall be
less than five dollars.
(2) If the department of revenue determines that any tax
is due, there shall be assessed a penalty of five percent of the
amount of the tax determined by the department to be due;
and if payment of any tax determined by the department to be
due is not received by the department by the due date specified in the notice, or any extension thereof, there shall be
assessed a total penalty of fifteen percent of the amount of the
tax under this subsection; and if the tax is not received on or
before the thirtieth day following the due date specified in the
notice of tax due, or any extension thereof, there shall be
assessed a total penalty of twenty-five percent of the amount
of the tax under this subsection. No penalty so added shall be
less than five dollars.
(3) If a warrant be issued by the department of revenue
for the collection of taxes, increases, and penalties, there shall
be added thereto a penalty of ten percent of the amount of the
tax, but not less than ten dollars.
(4) If the department finds that a person has engaged in
any business or performed any act upon which a tax is
imposed under this title and that person has not obtained from
the department a registration certificate as required by RCW
82.32.030, the department shall impose a penalty of five percent of the amount of tax due from that person for the period
that the person was not registered as required by RCW
82.32.030. The department shall not impose the penalty
under this subsection (4) if a person who has engaged in business taxable under this title without first having registered as
required by RCW 82.32.030, prior to any notification by the
department of the need to register, obtains a registration certificate from the department.
(5) If the department finds that all or any part of a deficiency resulted from the disregard of specific written instructions as to reporting or tax liabilities, the department shall add
[2003 RCW Supp—page 1087]
82.32.140
Title 82 RCW: Excise Taxes
a penalty of ten percent of the amount of the additional tax
found due because of the failure to follow the instructions. A
taxpayer disregards specific written instructions when the
department of revenue has informed the taxpayer in writing
of the taxpayer's tax obligations and the taxpayer fails to act
in accordance with those instructions unless the department
has not issued final instructions because the matter is under
appeal pursuant to this chapter or departmental regulations.
The department shall not assess the penalty under this section
upon any taxpayer who has made a good faith effort to comply with the specific written instructions provided by the
department to that taxpayer. Specific written instructions
may be given as a part of a tax assessment, audit, determination, or closing agreement, provided that such specific written instructions shall apply only to the taxpayer addressed or
referenced on such documents. Any specific written instructions by the department of revenue shall be clearly identified
as such and shall inform the taxpayer that failure to follow the
instructions may subject the taxpayer to the penalties
imposed by this subsection.
(6) If the department finds that all or any part of the deficiency resulted from an intent to evade the tax payable hereunder, a further penalty of fifty percent of the additional tax
found to be due shall be added.
(7) The penalties imposed under subsections (1) through
(4) of this section can each be imposed on the same tax found
to be due. This subsection does not prohibit or restrict the
application of other penalties authorized by law.
(8) The department of revenue may not impose both the
evasion penalty and the penalty for disregarding specific
written instructions on the same tax found to be due.
(9) For the purposes of this section, "return" means any
document a person is required by the state of Washington to
file to satisfy or establish a tax or fee obligation that is administered or collected by the department of revenue, and that
has a statutorily defined due date. [2003 1st sp.s. c 13 § 13;
2000 c 229 § 7; 1999 c 277 § 11; 1996 c 149 § 15; 1992 c 206
§ 3; 1991 c 142 § 11; 1987 c 502 § 9; 1983 2nd ex.s. c 3 § 23;
1983 c 7 § 32; 1981 c 172 § 8; 1981 c 7 § 2; 1971 ex.s. c 179
§ 1; 1967 ex.s. c 149 § 26; 1965 ex.s. c 141 § 3; 1963 ex.s. c
28 § 7; 1961 c 15 § 82.32.090. Prior: 1959 c 197 § 12; 1955
c 110 § 1; 1951 1st ex.s. c 9 § 9; 1949 c 228 § 23; 1937 c 227
§ 18; 1935 c 180 § 192; Rem. Supp. 1949 § 8370-192.]
Application—2003 1st sp.s. c 13 § 13: "Except as otherwise provided
in this section, section 13 of this act applies to all penalties imposed after
June 30, 2003. The five percent penalty imposed in section 13(2) of this act
applies to all assessments originally issued after June 30, 2003." [2003 1st
sp.s. c 13 § 14.]
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
Effective date—2000 c 229: See note following RCW 46.16.010.
Findings—Intent—Effective date—1996 c 149: See notes following
RCW 82.32.050.
Effective date—1992 c 206: See note following RCW 82.04.170.
Effective date—1991 c 142 §§ 9-11: See note following RCW
82.32.050.
Severability—1991 c 142: See RCW 82.32A.900.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Construction—Severability—Effective dates—1983 c 7: See notes
following RCW 82.08.020.
Effective dates—1981 c 172: See note following RCW 82.04.240.
[2003 RCW Supp—page 1088]
Effective date—1981 c 7: See note following RCW 82.32.045.
Construction—1971 ex.s. c 179: "This 1971 amendatory act shall
apply only to taxes becoming due and payable in June, 1971 and thereafter."
[1971 ex.s. c 179 § 2.]
82.32.140
82.32.140 Taxpayer quitting business—Liability of
successor. (1) Whenever any taxpayer quits business, or
sells out, exchanges, or otherwise disposes of more than fifty
percent of the fair market value of either its tangible or intangible assets, any tax payable hereunder shall become immediately due and payable, and such taxpayer shall, within ten
days thereafter, make a return and pay the tax due.
(2) Any person who becomes a successor shall withhold
from the purchase price a sum sufficient to pay any tax due
from the taxpayer until such time as the taxpayer shall produce a receipt from the department of revenue showing payment in full of any tax due or a certificate that no tax is due.
If any tax is not paid by the taxpayer within ten days from the
date of such sale, exchange, or disposal, the successor shall
become liable for the payment of the full amount of tax. If
the fair market value of the assets acquired by a successor is
less than fifty thousand dollars, the successor's liability for
payment of the unpaid tax is limited to the fair market value
of the assets acquired from the taxpayer. The burden of
establishing the fair market value of the assets acquired is on
the successor.
(3) The payment of any tax by a successor shall, to the
extent thereof, be deemed a payment upon the purchase price;
and if such payment is greater in amount than the purchase
price the amount of the difference shall become a debt due
the successor from the taxpayer.
(4) No successor shall be liable for any tax due from the
person from whom the successor has acquired a business or
stock of goods if the successor gives written notice to the
department of revenue of such acquisition and no assessment
is issued by the department of revenue within six months of
receipt of such notice against the former operator of the business and a copy thereof mailed to the successor. [2003 1st
sp.s. c 13 § 12; 1985 c 414 § 7; 1975 1st ex.s. c 278 § 82; 1961
c 15 § 82.32.140. Prior: 1957 c 88 § 1; 1935 c 180 § 197;
RRS § 8370-197.]
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.32.430
82.32.430 Liability for tax rate calculation errors.
(Effective July 1, 2004.) (1) A person who collects and
remits sales or use tax to the department and who calculates
the tax using geographic information system technology
developed and provided by the department shall be held
harmless and is not liable for the difference in amount due
nor subject to penalties or interest in regards to rate calculation errors resulting from the proper use of such technology.
(2) Except as provided in subsection (3) of this section,
the department shall notify sellers who collect and remit sales
or use tax to the department of changes in boundaries and
rates to taxes imposed by chapter 82.14 RCW no later than
sixty days before the effective date of the change.
(3) The department shall notify sellers who collect and
remit sales or use tax to the department and make sales from
General Administrative Provisions
printed catalogs of changes, as to such sales, of boundaries
and rates to taxes imposed by chapter 82.14 RCW no later
than one hundred twenty days before the effective date of the
change.
(4) Sellers who have not received timely notice of rate
and boundary changes under subsections (2) and (3) of this
section due to actions or omissions of the department are not
liable for the difference in the amount due until they have
received the appropriate period of notice. Purchasers are liable for any uncollected amounts of tax. [2003 c 168 § 207;
2001 c 320 § 11; 2000 c 104 § 4.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Effective date—2001 c 320: See note following RCW 11.02.005.
Findings—Intent—Effective date—2000 c 104: See notes following
RCW 82.14.055.
82.32.520
82.32.520 Sourcing of calls. (Effective July 1, 2004.)
(1) Except for the defined telecommunications services listed
in this section, the sale of telephone service as defined in
RCW 82.04.065 sold on a call-by-call basis shall be sourced
to (a) each level of taxing jurisdiction where the call originates and terminates in that jurisdiction or (b) each level of
taxing jurisdiction where the call either originates or terminates and in which the service address is also located.
(2) Except for the defined telecommunications services
listed in this section, a sale of telephone service as defined in
RCW 82.04.065 sold on a basis other than a call-by-call
basis, is sourced to the customer's place of primary use.
(3) The sales of telephone service as defined in RCW
82.04.065 that are listed in this section shall be sourced to
each level of taxing jurisdiction as follows:
(a) A sale of mobile telecommunications services, other
than air-ground radiotelephone service and prepaid calling
service, is sourced to the customer's place of primary use as
required by RCW 82.08.066.
(b) A sale of postpaid calling service is sourced to the
origination point of the telecommunications signal as first
identified by either (i) the seller's telecommunications system, or (ii) information received by the seller from its home
service provider, where the system used to transport such signals is not that of the seller.
(c) A sale of prepaid calling service is sourced as follows:
(i) When a prepaid calling service is received by the purchaser at a business location of the seller, the sale is sourced
to that business location;
(ii) When a prepaid calling service is not received by the
purchaser at a business location of the seller, the sale is
sourced to the location where receipt by the purchaser or the
purchaser's donee, designated as such by the purchaser,
occurs, including the location indicated by instructions for
delivery to the purchaser or donee, known to the seller;
(iii) When (c)(i) and (ii) of this subsection do not apply,
the sale is sourced to the location indicated by an address for
the purchaser that is available from the business records of
the seller that are maintained in the ordinary course of the
seller's business when use of this address does not constitute
bad faith;
(iv) When (c)(i), (ii), and (iii) of this subsection do not
apply, the sale is sourced to the location indicated by an
82.32.520
address for the purchaser obtained during the consummation
of the sale, including the address of a purchaser's payment
instrument, if no other address is available, when use of this
address does not constitute bad faith;
(v) When (c)(i), (ii), (iii), and (iv) of this subsection do
not apply, including the circumstance where the seller is
without sufficient information to apply those provisions, then
the location shall be determined by the address from which
tangible personal property was shipped, from which the digital good or the computer software delivered electronically
was first available for transmission by the seller, or from
which the service defined as a retail sale under RCW
82.04.050 was provided, disregarding for these purposes any
location that merely provided the digital transfer of the product sold;
(vi) In the case of a sale of mobile telecommunications
service that is a prepaid telecommunications service, (c)(iv)
of this subsection shall include as an option the location associated with the mobile telephone number.
(d) A sale of a private communication service is sourced
as follows:
(i) Service for a separate charge related to a customer
channel termination point is sourced to each level of jurisdiction in which such customer channel termination point is
located.
(ii) Service where all customer termination points are
located entirely within one jurisdiction or levels of jurisdiction is sourced in such jurisdiction in which the customer
channel termination points are located.
(iii) Service for segments of a channel between two customer channel termination points located in different jurisdictions and which segment of channel are separately charged is
sourced fifty percent in each level of jurisdiction in which the
customer channel termination points are located.
(iv) Service for segments of a channel located in more
than one jurisdiction or levels of jurisdiction and which segments are not separately billed is sourced in each jurisdiction
based on the percentage determined by dividing the number
of customer channel termination points in the jurisdiction by
the total number of customer channel termination points.
(4) The definitions in this subsection apply throughout
this chapter.
(a) "Air-ground radiotelephone service" means airground radio service, as defined in 47 C.F.R. Sec. 22.99, as
amended or renumbered as of January 1, 2003, in which common carriers are authorized to offer and provide radio telecommunications service for hire to subscribers in aircraft.
(b) "Call-by-call basis" means any method of charging
for telecommunications services where the price is measured
by individual calls.
(c) "Communications channel" means a physical or virtual path of communications over which signals are transmitted between or among customer channel termination points.
(d) "Customer" means the person or entity that contracts
with the seller of telecommunications services. If the end
user of telecommunications services is not the contracting
party, the end user of the telecommunications service is the
customer of the telecommunications service. "Customer"
does not include a reseller of telecommunications service or
for mobile telecommunications service of a serving carrier
[2003 RCW Supp—page 1089]
82.32.525
Title 82 RCW: Excise Taxes
under an agreement to serve the customer outside the home
service provider's licensed service area.
(e) "Customer channel termination point" means the
location where the customer either inputs or receives the
communications.
(f) "End user" means the person who uses the telecommunications service. In the case of an entity, the term end
user means the individual who uses the service on behalf of
the entity.
(g) "Home service provider" means the same as that term
is defined in RCW 82.04.065.
(h) "Mobile telecommunications service" means the
same as that term is defined in RCW 82.04.065.
(i) "Place of primary use" means the street address representative of where the customer's use of the telecommunications service primarily occurs, which must be the residential
street address or the primary business street address of the
customer. In the case of mobile telecommunications services, "place of primary use" must be within the licensed service area of the home service provider.
(j) "Postpaid calling service" means the telecommunications service obtained by making a payment on a call-by-call
basis either through the use of a credit card or payment mechanism such as a bank card, travel card, credit card, or debit
card, or by charge made to which a telephone number that is
not associated with the origination or termination of the telecommunications service. A postpaid calling service includes
a telecommunications service that would be a prepaid calling
service except it is not exclusively a telecommunications service.
(k) "Prepaid calling service" means the right to access
exclusively telecommunications services, which must be paid
for in advance and which enables the origination of calls
using and [an] access number and/or authorization code,
whether manually or electronically dialed, and that is sold in
predetermined units or dollars of which the number declines
with use in a known amount.
(l) "Private communication service" means a telecommunications service that entitles the customer to exclusive or
priority use of a communications channel or group of channels between or among termination points, regardless of the
manner in which such channel or channels are connected, and
includes switching capacity, extension lines, stations, and
any other associated services that are provided in connection
with the use of such channel or channels.
(m) "Service address" means:
(i) The location of the telecommunications equipment to
which a customer's call is charged and from which the call
originates or terminates, regardless of where the call is billed
or paid;
(ii) If the location in (m)(i) of this subsection is not
known, the origination point of the signal of the telecommunications services first identified by either the seller's telecommunications system or in information received by the
seller from its home service provider, where the system used
to transport such signals is not that of the seller;
(iii) If the location[s] in (m)(i) and (ii) of this subsection
are not known, the location of the customer's place of primary
use. [2003 c 168 § 501.]
Study of sourcing provisions—Report to legislature—2003 c 168:
"The department of revenue shall conduct a study of the fiscal impact on
[2003 RCW Supp—page 1090]
local jurisdictions of the sourcing provisions proposed in the streamlined
sales and use tax agreement. The department shall use, and regularly consult, a committee composed of city and county officials to assist with the
study. Committee responsibilities include identification of elements of the
study including mitigation options for jurisdictions negatively impacted by
the sourcing provision. The department shall report the results of the study,
which at minimum shall include the identification of the fiscal impacts on
local governments of the sourcing provisions, by December 1, 2003, to the
governor and fiscal committees of the legislature." [2003 c 168 § 504.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
82.32.525
82.32.525 Purchaser's cause of action for over-collected sales or use tax. (Effective July 1, 2004.) A purchaser's cause of action against the seller for over-collected
sales or use tax does not accrue until the purchaser has provided written notice to the seller and the seller has sixty days
to respond. The notice to the seller must contain the information necessary to determine the validity of the request. [2003
c 168 § 211.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
82.32.530
82.32.530 Seller nexus. (Effective July 1, 2004.) The
department may not attribute nexus with Washington to any
seller solely by virtue of the seller registering under the
streamlined sales and use tax agreement. [2003 c 168 § 213.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
82.32.535
82.32.535 Annual report by semiconductor businesses. (Contingent effective date.) (1) The legislature finds
that accountability and effectiveness are important aspects of
setting tax policy. In order to make policy choices regarding
the best use of limited state resources the legislature needs
information on how a tax incentive is used.
(2)(a) A person who reports taxes under RCW
82.04.240(2) or who claims an exemption or credit under
RCW 82.04.426, 82.08.965, 82.12.965, 82.08.970,
82.12.970, 82.04.448, or 84.36.645, shall make an annual
report to the department detailing employment, wages, and
employer-provided health and retirement benefits per job at
the manufacturing site. The report shall not include names of
employees. The report shall also detail employment by the
total number of full-time, part-time, and temporary positions.
The first report filed under this subsection shall include
employment, wage, and benefit information for the twelvemonth period immediately before first use of a preferential
tax rate under RCW 82.04.240(2), or tax exemption or credit
under RCW 82.04.426, 82.08.965, 82.12.965, 82.08.970,
82.12.970, 82.04.448, or 84.36.645. The report is due by
March 31st following any year in which a preferential tax rate
under RCW 82.04.240(2) is used, or tax exemption or credit
under RCW 82.04.426, 82.08.965, 82.12.965, 82.08.970,
82.12.970, 82.04.448, or 84.36.645 is taken. This information is not subject to the confidentiality provisions of RCW
82.32.330 and may be disclosed to the public upon request.
(b) If a person fails to submit an annual report under (a)
of this subsection the department shall declare the amount of
taxes exempted or credited for that year to be immediately
due and payable. Excise taxes payable under this subsection
are subject to interest, as provided under this chapter. This
information is not subject to the confidentiality provisions of
General Administrative Provisions
RCW 82.32.330 and may be disclosed to the public upon
request.
(3) By November 1st of the year occurring five years
after *the effective date of this act, and November 1st of the
year occurring eleven years after *the effective date of this
act, the fiscal committees of the house of representatives and
the senate, in consultation with the department, shall report to
the legislature on the effectiveness of chapter 149, Laws of
2003 in regard to keeping Washington competitive. The
report shall measure the effect of chapter 149, Laws of 2003
on job retention, net jobs created for Washington residents,
company growth, diversification of the state's economy, cluster dynamics, and other factors as the committees select. The
reports shall include a discussion of principles to apply in
evaluating whether the legislature should reenact any or all of
the tax preferences in chapter 149, Laws of 2003. [2003 c
149 § 11.]
*Contingent effective date—Findings—Intent—2003 c 149: See
notes following RCW 82.04.426.
82.32.540
82.32.540 Report to department by certain aviation
repair businesses. (Expires July 1, 2006.) (1) A person
reporting tax under RCW 82.04.250(3) shall file a report to
the department of revenue in the month following each calendar quarter containing the following information:
(a) Number of production workers;
(b) Average wage of production workers;
(c) Total wages for production workers;
(d) Total sales as measured by taxable receipts for activities reported under RCW 82.04.250(3); and
(e) Total wages for production workers as a percent of
total sales reported under RCW 82.04.250(3).
(2) A recipient who fails to submit a complete report
under this section is ineligible on a prospective basis for the
rate provided in RCW 82.04.250(3). The department of revenue shall notify the recipient in writing by mail that he or she
is no longer eligible for the rate. The recipient is ineligible on
the effective date of the postmark of the notice letter from the
department of revenue. If the recipient satisfactorily completes the report, the department of revenue shall send a letter
to the recipient indicating that the basis for the ineligibility
has been corrected. The letter from the department of revenue is proof that eligibility has been restored, and eligibility
is effective prospectively beginning on the date the letter is
postmarked. [2003 1st sp.s. c 2 § 2.]
Expiration date—Effective date—2003 1st sp.s. c 2: See notes following RCW 82.04.250.
82.32.545
82.32.545 Annual report for airplane manufacturing
tax preferences. (Contingent effective date.) (1) The legislature finds that accountability and effectiveness are important aspects of setting tax policy. In order to make policy
choices regarding the best use of limited state resources the
legislature needs information on how a tax incentive is used.
(2)(a) A person who reports taxes under RCW
82.04.260(13) or who claims an exemption or credit under
RCW 82.04.4461, 82.08.980, 82.12.980, 82.29A.137,
84.36.655, and 82.04.4463 shall make an annual report to the
department detailing employment, wages, and employer-provided health and retirement benefits per job at the manufacturing site. The report shall not include names of employees.
82.32.550
The report shall also detail employment by the total number
of full-time, part-time, and temporary positions. The first
report filed under this subsection shall include employment,
wage, and benefit information for the twelve-month period
immediately before first use of a preferential tax rate under
RCW 82.04.260(13), or tax exemption or credit under RCW
82.04.4461, 82.08.980, 82.12.980, 82.29A.137, 84.36.655,
and 82.04.4463. The report is due by March 31st following
any year in which a preferential tax rate under RCW
82.04.260(13) is used, or tax exemption or credit under RCW
82.04.4461, 82.08.980, 82.12.980, 82.29A.137, 84.36.655,
and 82.04.4463 is taken. This information is not subject to
the confidentiality provisions of RCW 82.32.330 and may be
disclosed to the public upon request.
(b) If a person fails to submit an annual report under (a)
of this subsection by the due date of the report, the department shall declare the amount of taxes exempted or credited,
or reduced in the case of the preferential business and occupation tax rate, for that year to be immediately due and payable. Excise taxes payable under this subsection are subject
to interest but not penalties, as provided under this chapter.
This information is not subject to the confidentiality provisions of RCW 82.32.330 and may be disclosed to the public
upon request.
(3) By November 1, 2010, and by November 1, 2023, the
fiscal committees of the house of representatives and the senate, in consultation with the department, shall report to the
legislature on the effectiveness of chapter 1, Laws of 2003
2nd sp. sess. in regard to keeping Washington competitive.
The report shall measure the effect of chapter 1, Laws of
2003 2nd sp. sess. on job retention, net jobs created for Washington residents, company growth, diversification of the
state's economy, cluster dynamics, and other factors as the
committees select. The reports shall include a discussion of
principles to apply in evaluating whether the legislature
should reenact any or all of the tax preferences in chapter 1,
Laws of 2003 2nd sp. sess. [2003 2nd sp.s. c 1 § 16.]
Contingent effective date—2003 2nd sp.s. c 1: See RCW 82.32.550.
Finding—2003 2nd sp.s. c 1: See note following RCW 82.04.4461.
82.32.550
82.32.550 Contingent effective date for aerospace tax
incentives—Department date determinations and notice
requirements. (1)(a) Chapter 1, Laws of 2003 2nd sp. sess.
takes effect on the first day of the month in which the governor and a manufacturer of commercial airplanes sign a memorandum of agreement regarding an affirmative final decision
to site a significant commercial airplane final assembly facility in Washington state. The department shall provide notice
of the effective date of chapter 1, Laws of 2003 2nd sp. sess.
to affected taxpayers, the legislature, and others as deemed
appropriate by the department.
(b) Chapter 1, Laws of 2003 2nd sp. sess. is contingent
upon the siting of a significant commercial airplane final
assembly facility in the state of Washington. If a memorandum of agreement under subsection (1) of this section is not
signed by June 30, 2005, chapter 1, Laws of 2003 2nd sp.
sess. is null and void.
(c)(i) The department shall make a determination regarding the date final assembly of a superefficient airplane begins
in Washington state. The rates in RCW 82.04.260(13) (a)(ii)
[2003 RCW Supp—page 1091]
Chapter 82.36
Title 82 RCW: Excise Taxes
and (b)(ii) take effect the first day of the month such assembly begins, or July 1, 2007, whichever is later. The department shall provide notice of the effective date of such rates to
affected taxpayers, the legislature, and others as deemed
appropriate by the department.
(ii) If on December 31, 2007, final assembly of a superefficient airplane has not begun in Washington state, the
department shall provide notice of such to affected taxpayers,
the legislature, and others as deemed appropriate by the
department.
(2) The definitions in this subsection apply throughout
this section.
(a) "Commercial airplane" has its ordinary meaning,
which is an airplane certified by the federal aviation administration for transporting persons or property, and any military
derivative of such an airplane.
(b) "Component" means a part or system certified by the
federal aviation administration for installation or assembly
into a commercial airplane.
(c) "Final assembly of a superefficient airplane" means
the activity of assembling an airplane from components parts
necessary for its mechanical operation such that the finished
commercial airplane is ready to deliver to the ultimate consumer.
(d) "Significant commercial airplane final assembly
facility" means a location with the capacity to produce at least
thirty-six superefficient airplanes a year.
(e) "Siting" means a final decision by a manufacturer to
locate a significant commercial airplane final assembly facility in Washington state.
(f) "Superefficient airplane" means a twin aisle airplane
that carries between two hundred and three hundred fifty passengers, with a range of more than seven thousand two hundred nautical miles, a cruising speed of approximately mach
.85, and that uses fifteen to twenty percent less fuel than other
similar airplanes on the market. [2003 2nd sp.s. c 1 § 17.]
Finding—2003 2nd sp.s. c 1: See note following RCW 82.04.4461.
Chapter 82.36
Chapter 82.36 RCW
MOTOR VEHICLE FUEL TAX
Sections
82.36.025
82.36.306
82.36.330
82.36.380
82.36.400
82.36.440
82.36.470
82.36.475
82.36.480
82.36.485
82.36.490
82.36.495
Motor vehicle fuel tax rate—Expiration of subsection.
Repealed.
Payment of refunds—Interest—Penalty. (Effective July 1,
2004.)
Violations—Penalties.
Other offenses—Penalties. (Effective July 1, 2004.)
State preempts tax field.
Fuel tax evasion—Seizure and forfeiture.
Fuel tax evasion—Forfeiture procedure.
Fuel tax evasion—Forfeited property.
Fuel tax evasion—Return of seized property.
Fuel tax evasion—Search and seizure.
Fuel tax evasion—Rules.
82.36.025
82.36.025 Motor vehicle fuel tax rate—Expiration of
subsection. (1) A motor vehicle fuel tax rate of twenty-three
cents per gallon applies to the sale, distribution, or use of
motor vehicle fuel.
(2) Beginning July 1, 2003, an additional and cumulative
motor fuel tax rate of five cents per gallon applies to the sale,
distribution, or use of motor vehicle fuel. This subsection (2)
expires when the bonds issued for transportation 2003
[2003 RCW Supp—page 1092]
projects are retired. [2003 c 361 § 401. Prior: 1999 c 269 §
16; 1999 c 94 § 29; 1994 c 179 § 30; 1991 c 342 § 57; 1990 c
42 § 101; 1983 1st ex.s. c 49 § 27; 1981 c 342 § 2; 1979 c 158
§ 224; 1977 ex.s. c 317 § 6.]
Findings—2003 c 361: "The legislature finds that the state's transportation system is in critical need of repair, restoration, and enhancement. The
state's economy, the ability to move goods to market, and the overall mobility and safety of the citizens of the state rely on the state's transportation system. The revenues generated by this act are dedicated to funds, accounts,
and activities that are necessary to improve the delivery of state transportation projects and services." [2003 c 361 § 101.]
Part headings not law—2003 c 361: "Part headings used in this act are
not any part of the law." [2003 c 361 § 701.]
Severability—2003 c 361: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2003 c 361 § 702.]
Effective dates—2003 c 361: See note following RCW 82.08.020.
Effective date—1999 c 269: See note following RCW 36.78.070.
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
Effective dates—1991 c 342: See note following RCW 47.26.167.
Purpose of state and local transportation funding program—1990 c
42: "(1) The legislature finds that a new comprehensive funding program is
required to maintain the state's commitment to the growing mobility needs of
its citizens and commerce. The transportation funding program is intended
to satisfy the following state policies and objectives:
(a) State-wide system: Provide for preservation of the existing statewide system and improvements for current and expected capacity needs in
rural, established urban, and growing suburban areas throughout the state;
(b) Local flexibility: Provide for necessary state highway improvements, as well as providing local governments with the option to use new
funding sources for projects meeting local and regional needs;
(c) Multimodal: Provide a source of funds that may be used for multimodal transportation purposes;
(d) Program compatibility: Implement transportation facilities and services that are consistent with adopted land use and transportation plans and
coordinated with recently authorized programs such as the act authorizing
creation of transportation benefit districts and the local transportation act of
1988;
(e) Interjurisdictional cooperation: Encourage transportation planning
and projects that are multijurisdictional in their conception, development,
and benefit, recognizing that mobility problems do not respect jurisdictional
boundaries;
(f) Public and private sector: Use a state, local, and private sector partnership that equitably shares the burden of meeting transportation needs.
(2) The legislature further recognizes that the revenues currently available to the state and to counties, cities, and transit authorities for highway,
road, and street construction and preservation fall far short of the identified
need. The 1988 Washington road jurisdiction study identified a state-wide
funding shortfall of between $14.6 and $19.9 billion to bring existing roads
to acceptable standards. The gap between identified transportation needs
and available revenues continues to increase. A comprehensive transportation funding program is required to meet the current and anticipated future
needs of this state.
(3) The legislature further recognizes the desirability of making certain
changes in the collection and distribution of motor vehicle excise taxes with
the following objectives: Simplifying administration and collection of the
taxes including adoption of a predictable depreciation schedule for vehicles;
simplifying the allocation of the taxes among various recipients; and the dedication of a portion of motor vehicle excise taxes for transportation purposes.
(4) The legislature, therefore, declares a need for the three-part funding
program embodied in this act: (a) State-wide funding for highways, roads,
and streets in urban and rural areas; (b) local option funding authority, available immediately, for the construction and preservation of roads, streets, and
transit improvements and facilities; and (c) the creation of a multimodal
transportation fund that is funded through dedication of a portion of motor
vehicle excise tax. This funding program is intended, by targeting certain
new revenues, to produce a significant increase in the overall capacity of the
state, county, and city transportation systems to satisfy and efficiently
accommodate the movement of people and goods." [1990 c 42 § 1.]
Motor Vehicle Fuel Tax
Headings—1990 c 42: "The index and part and section headings as
used in this act do not constitute any part of the law." [1990 c 42 § 502.]
Severability—1990 c 42: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1990 c 42 § 503.]
Effective dates—Application—Implementation—1990 c 42: "(1)
Sections 101 through 104, 115 through 117, 201 through 214, 405 through
411, and 503, chapter 42, Laws of 1990 are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect April 1,
1990.
(2) Sections 105 through 114, chapter 42, Laws of 1990 shall take
effect September 1, 1990. The additional fees in sections 105 through 108,
chapter 42, Laws of 1990 apply for all motor vehicle registrations that expire
August 31, 1991, and thereafter.
(3) Sections 301 through 303 and 305 through 328, chapter 42, Laws of
1990 shall take effect September 1, 1990, and apply to the purchase of vehicle registrations that expire August 31, 1991, and thereafter.
(4) Section 304, chapter 42, Laws of 1990 shall take effect July 1,
1991, and apply to all vehicles registered for the first time with an expiration
date of June 30, 1992, and thereafter.
(5) The director of licensing may immediately take such steps as are
necessary to ensure that the sections of chapter 42, Laws of 1990 are implemented on their effective dates.
(6) *Sections 401 through 404, chapter 42, Laws of 1990 shall take
effect September 1, 1990, only if the bonds issued under RCW 47.56.711 for
the Spokane river toll bridge have been retired or fully defeased, and shall
become null and void if the bonds have not been retired or fully defeased on
that date." [1990 c 298 § 38; 1990 c 42 § 504.]
*Reviser's note: The bonds were fully defeased on June 1, 1990.
Severability—Effective date—1983 1st ex.s. c 49: See RCW
36.79.900 and 36.79.901.
Effective date—Severability—1981 c 342: See notes following RCW
82.36.010.
Effective dates—Severability—1977 ex.s. c 317: See notes following
RCW 82.36.010.
82.36.306
82.36.306 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
82.36.330
82.36.330 Payment of refunds—Interest—Penalty.
(Effective July 1, 2004.) (1) Upon the approval of the director of the claim for refund, the state treasurer shall draw a
warrant upon the state treasury for the amount of the claim in
favor of the person making such claim and the warrant shall
be paid from the excise tax collected on motor vehicle fuel:
PROVIDED, That the state treasurer shall deduct from each
marine use refund claim an amount equivalent to one cent per
gallon and shall deposit the same in the coastal protection
fund created by RCW 90.48.390.
(2) Applications for refunds of excise tax shall be filed in
the office of the director not later than the close of the last
business day of a period thirteen months from the date of purchase of such motor fuel, and if not filed within this period
the right to refund shall be forever barred, except that such
limitation shall not apply to claims for loss or destruction of
motor vehicle fuel as provided by the provisions of RCW
82.36.370.
(3) The department shall pay interest of one percent on
any refund payable under this chapter that is issued more than
thirty state business days after the receipt of a claim properly
filed and completed in accordance with this section. After
the end of the thirty business-day period, additional interest
shall accrue at the rate of one percent on the amount payable
for each thirty calendar-day period, until the refund is issued.
82.36.400
(4) Any person or the member of any firm or the officer
or agent of any corporation who makes any false statement in
any claim required for the refund of excise tax, as provided in
this chapter, or who collects or causes to be repaid to him or
her or to any other person any such refund without being entitled to the same under the provisions of this chapter is guilty
of a gross misdemeanor. [2003 c 53 § 401; 1998 c 176 § 39;
1971 ex.s. c 180 § 9; 1965 ex.s. c 79 § 14; 1961 c 15 §
82.36.330. Prior: 1957 c 218 § 9; prior: 1955 c 90 § 1; 1945
c 38 § 1, part; 1943 c 84 § 5, part; 1937 c 219 § 2, part; 1935
c 109 § 2, part; 1933 c 58 § 18, part; Rem. Supp. 1945 § 832718, part; prior: 1923 c 81 § 4, part.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—Short title—Construction—1971 ex.s. c 180: See
RCW 90.48.903, 90.48.906, and 90.56.900.
Coastal protection fund: RCW 90.48.390 and 90.48.400.
Definitions: RCW 90.56.010.
Rules and regulations: RCW 90.56.050 and 90.56.900.
82.36.380
82.36.380 Violations—Penalties. (1) It is unlawful for
a person or corporation to:
(a) Evade a tax or fee imposed under this chapter;
(b) File a false statement of a material fact on a motor
fuel license application or motor fuel refund application;
(c) Act as a motor fuel importer, motor fuel blender, or
motor fuel supplier unless the person holds an uncanceled
motor fuel license issued by the department authorizing the
person to engage in that business;
(d) Knowingly assist another person to evade a tax or fee
imposed by this chapter;
(e) Knowingly operate a conveyance for the purpose of
hauling, transporting, or delivering motor vehicle fuel in bulk
and not possess an invoice, bill of sale, or other statement
showing the name, address, and tax license number of the
seller or consignor, the destination, the name, address, and
tax license number of the purchaser or consignee, and the
number of gallons.
(2) A violation of subsection (1) of this section is a class
C felony under chapter 9A.20 RCW. In addition to other
penalties and remedies provided by law, the court shall order
a person or corporation found guilty of violating subsection
(1) of this section to:
(a) Pay the tax or fee evaded plus interest, commencing
at the date the tax or fee was first due, at the rate of twelve
percent per year, compounded monthly; and
(b) Pay a penalty of one hundred percent of the tax
evaded, to the multimodal transportation account of the state.
[2003 c 358 § 13; 2000 2nd sp.s. c 4 § 9; 1995 c 287 § 2; 1961
c 15 § 82.36.380. Prior: 1949 c 234 § 2, part; 1933 c 58 § 19,
part; Rem. Supp. 1949 § 8327-19, part; prior: 1921 c 173 §
12, part.]
Captions not law—Severability—2003 c 358: See notes following
RCW 82.36.470.
Effective dates—2000 2nd sp.s. c 4 §§ 4-10: See note following RCW
43.89.010.
82.36.400
82.36.400 Other offenses—Penalties. (Effective July
1, 2004.) (1) It shall be unlawful for any person to commit
any of the following acts:
[2003 RCW Supp—page 1093]
82.36.440
Title 82 RCW: Excise Taxes
(a) To display, or cause to permit to be displayed, or to
have in possession, any motor vehicle fuel license knowing
the same to be fictitious or to have been suspended, canceled,
revoked or altered;
(b) To lend to, or knowingly permit the use of, by one not
entitled thereto, any motor vehicle fuel license issued to the
person lending it or permitting it to be used;
(c) To display or to represent as one's own any motor
vehicle fuel license not issued to the person displaying the
same;
(d) To use a false or fictitious name or give a false or fictitious address in any application or form required under the
provisions of this chapter, or otherwise commit a fraud in any
application, record, or report;
(e) To refuse to permit the director, or any agent
appointed by him or her in writing, to examine his or her
books, records, papers, storage tanks, or other equipment pertaining to the use or sale and delivery of motor vehicle fuels
within the state.
(2) Except as otherwise provided, any person violating
any of the provisions of this chapter is guilty of a gross misdemeanor and shall, upon conviction thereof, be sentenced to
pay a fine of not less than five hundred dollars nor more than
one thousand dollars and costs of prosecution, or imprisonment for not more than one year, or both. [2003 c 53 § 402;
1998 c 176 § 46; 1971 ex.s. c 156 § 3; 1967 c 153 § 6; 1961 c
15 § 82.36.400. Prior: 1949 c 234 § 2, part; 1933 c 58 § 19,
part; Rem. Supp. 1949 § 8327-19, part; prior: 1921 c 173 §
12, part.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
82.36.440
82.36.440 State preempts tax field. The tax levied in
this chapter is in lieu of any excise, privilege, or occupational
tax upon the business of manufacturing, selling, or distributing motor vehicle fuel, and no city, town, county, township or
other subdivision or municipal corporation of the state shall
levy or collect any excise tax upon or measured by the sale,
receipt, distribution, or use of motor vehicle fuel, except as
provided in chapter 82.80 RCW and RCW 82.47.020. [2003
c 350 § 5; 1991 c 173 § 4; 1990 c 42 § 204; 1979 ex.s. c 181
§ 5; 1961 c 15 § 82.36.440. Prior: 1933 c 58 § 23; RRS §
8327-23.]
Effective date—1991 c 173: See note following RCW 82.47.010.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1979 ex.s. c 181: "This 1979 act is necessary for the
immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions, and shall take effect
July 1, 1979." [1979 ex.s. c 181 § 10.]
Severability—1979 ex.s. c 181: "If any provision of this 1979 act, or
its application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 181 § 8.]
82.36.470
82.36.470 Fuel tax evasion—Seizure and forfeiture.
(1) The following are subject to seizure and forfeiture:
(a) Motor vehicle fuel imported into this state by a person not licensed in this state in accordance with this chapter
to import fuel;
[2003 RCW Supp—page 1094]
(b) Motor vehicle fuel that is blended or manufactured
by a person not licensed in this state in accordance with this
chapter to blend or manufacture fuel;
(c) All conveyances that are used, or intended for use, to
transport, or in any manner to facilitate the transportation, for
the purpose of sale or receipt of property described in (a) and
(b) of this subsection, except where the owner of the conveyance neither had knowledge of nor consented to the transportation of the fuel by an unlicensed importer, blender, or manufacturer of fuel.
(2) Before seizing a common carrier conveyance, contract carrier conveyance, or a conveyance secured by a bona
fide security interest where the secured party neither had
knowledge of or consented to the unlawful act or omission,
the state patrol or the department of licensing shall give the
common carrier, contract carrier, or secured party, or their
representatives within twenty-four hours, a notice in writing
served by mail or other means to cease transporting fuel for
any person not licensed to import, blend, or manufacture fuel
in this state.
(3) Property subject to forfeiture under this chapter may
be seized by the state patrol upon process issued by a superior
court or district court having jurisdiction over the property.
Seizure without process may be made if:
(a) The seizure is incident to an arrest or a search under a
search warrant; or
(b) The state patrol has probable cause to believe that the
property was used or is intended to be used in violation of this
chapter and exigent circumstances exist making procurement
of a search warrant impracticable. [2003 c 358 § 1.]
Captions not law—2003 c 358: "Captions used in this act are not part
of the law." [2003 c 358 § 16.]
Severability—2003 c 358: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2003 c 358 § 17.]
82.36.475
82.36.475 Fuel tax evasion—Forfeiture procedure.
In all cases of seizure of property made subject to forfeiture
under this chapter, the state patrol shall proceed as follows:
(1) Forfeiture is deemed to have commenced by the seizure.
(2) The state patrol shall list and particularly describe in
duplicate the conveyance seized. After the appropriate
appeal period has expired, a seized conveyance must be sold
at a public auction in accordance with chapter 43.19 RCW.
(3) The state patrol shall list and particularly describe in
duplicate the fuel seized. The selling price of the fuel seized
will be the average terminal rack price for similar fuel, at the
closest terminal rack on the day of sale, unless circumstance
warrants that a different selling price is appropriate. The
method used to value the fuel must be documented. The fuel
will be sold at the earliest point in time, and the total price
must include all appropriate state and federal taxes. The state
patrol or the department may enter into contracts for the
transportation, handling, storage, and sale of fuel subject to
forfeiture. The money received must be deposited in the
motor vehicle account, after deduction for expenses provided
for in this section.
(4) The state patrol shall, within five days after the seizure of a conveyance or fuel, cause notice to be served on the
Special Fuel Tax Act
owner of the property seized, if known, on the person in
charge of the property, and on any other person having any
known right or interest in the property, of the seizure and
intended forfeiture. The notice may be served by any method
authorized by law or court rule including but not limited to
service by mail. If service is by mail it must be by both certified mail with return receipt requested and regular mail.
Service by mail is deemed complete upon mailing within the
five-day period after the date of seizure.
(5) If no person notifies the state patrol in writing of the
person's claim of ownership or right to possession of the
items seized within fifteen days of the date of the notice of
seizure, the items seized are considered forfeited.
(6) If any person notifies the state patrol, in writing, of
the person's claim of ownership or right to possession of the
items seized within fifteen days of the date of the notice of
seizure, the person or persons must be given a reasonable
opportunity to be heard as to the claim or right. The hearing
must be before the director of licensing, or the director's designee. A hearing and any appeals must be in accordance with
chapter 34.05 RCW. The burden of proof by a preponderance of the evidence is upon the person claiming to be the
lawful owner or the person claiming to have the lawful right
to possession of the items seized. The state patrol and the
department shall promptly return the conveyance seized, and
money from the sale of fuel seized, to the claimant upon a
determination that the claimant is the present lawful owner
and is lawfully entitled to possession of the items seized.
[2003 c 358 § 2.]
Captions not law—Severability—2003 c 358: See notes following
RCW 82.36.470.
82.36.480
82.36.480 Fuel tax evasion—Forfeited property.
When property is forfeited under this chapter, the state patrol
or the department may use the proceeds of the sale and all
moneys forfeited for the payment of all proper expenses of
any investigation leading to the seizure and of the proceedings for forfeiture and sale, including expenses of seizure,
maintenance of custody, advertising, and court costs. Proper
expenses of investigation include costs incurred by a law
enforcement agency or a federal, state, or local agency. The
balance of the proceeds must be deposited in the motor vehicle account. [2003 c 358 § 3.]
Captions not law—Severability—2003 c 358: See notes following
RCW 82.36.470.
82.36.485
82.36.485 Fuel tax evasion—Return of seized property. (1) The state patrol and the department may return
property seized and proceeds from the sale of fuel under this
chapter when it is shown that there was no intention to violate
this chapter.
(2) When property is returned under this section, the
state patrol and the department may return the goods to the
parties from whom they were seized if and when the parties
pay all applicable taxes and interest. [2003 c 358 § 4.]
Captions not law—Severability—2003 c 358: See notes following
RCW 82.36.470.
82.36.490
82.36.490 Fuel tax evasion—Search and seizure.
When the state patrol has good reason to believe that motor
vehicle fuel is being unlawfully imported, kept, sold, offered
82.38.030
for sale, blended, or manufactured in violation of this chapter
or rules adopted under it, the state patrol may make an affidavit of that fact, describing the place or thing to be searched,
before a judge of any court in this state, and the judge shall
issue a search warrant directed to the state patrol commanding the officer diligently to search any place or vehicle designated in the affidavit and search warrant, and to seize the fuel
and conveyance so possessed and to hold them until disposed
of by law, and to arrest the person in possession or control of
them. [2003 c 358 § 5.]
Captions not law—Severability—2003 c 358: See notes following
RCW 82.36.470.
82.36.495
82.36.495 Fuel tax evasion—Rules. The department
and the state patrol shall adopt rules necessary to implement
RCW 82.36.470 through 82.36.490. [2003 c 358 § 6.]
Captions not law—Severability—2003 c 358: See notes following
RCW 82.36.470.
Chapter 82.38
Chapter 82.38 RCW
SPECIAL FUEL TAX ACT
Sections
82.38.030
82.38.035
82.38.047
82.38.182
82.38.270
82.38.280
82.38.360
82.38.365
82.38.370
82.38.375
82.38.380
82.38.385
Tax imposed—Rate—Incidence—Allocation of proceeds—
Expiration of subsection.
Remittance of tax.
Liability of terminal operator for taxes when documentation
incorrectly indicates internal revenue service compliance.
Repealed.
Violations—Penalties.
State preempts tax field.
Fuel tax evasion—Seizure and forfeiture.
Fuel tax evasion—Forfeiture procedure.
Fuel tax evasion—Forfeited property.
Fuel tax evasion—Return of seized property.
Fuel tax evasion—Search and seizure.
Fuel tax evasion—Rules.
82.38.030
82.38.030 Tax imposed—Rate—Incidence—Allocation of proceeds—Expiration of subsection. (1) There is
hereby levied and imposed upon special fuel users a tax at the
rate of twenty-three cents per gallon of special fuel, or each
one hundred cubic feet of compressed natural gas, measured
at standard pressure and temperature.
(2) Beginning July 1, 2003, an additional and cumulative
tax rate of five cents per gallon of special fuel, or each one
hundred cubic feet of compressed natural gas, measured at
standard pressure and temperature shall be imposed on special fuel users. This subsection (2) expires when the bonds
issued for transportation 2003 projects are retired.
(3) Taxes are imposed when:
(a) Special fuel is removed in this state from a terminal if
the special fuel is removed at the rack unless the removal is to
a licensed exporter for direct delivery to a destination outside
of the state, or the removal is to a special fuel distributor for
direct delivery to an international fuel tax agreement licensee
under RCW 82.38.320;
(b) Special fuel is removed in this state from a refinery if
either of the following applies:
(i) The removal is by bulk transfer and the refiner or the
owner of the special fuel immediately before the removal is
not a licensee; or
(ii) The removal is at the refinery rack unless the
removal is to a licensed exporter for direct delivery to a destination outside of the state, or the removal is to a special fuel
[2003 RCW Supp—page 1095]
82.38.035
Title 82 RCW: Excise Taxes
distributor for direct delivery to an international fuel tax
agreement licensee under RCW 82.38.320;
(c) Special fuel enters into this state for sale, consumption, use, or storage if either of the following applies:
(i) The entry is by bulk transfer and the importer is not a
licensee; or
(ii) The entry is not by bulk transfer;
(d) Special fuel is sold or removed in this state to an unlicensed entity unless there was a prior taxable removal, entry,
or sale of the special fuel;
(e) Blended special fuel is removed or sold in this state
by the blender of the fuel. The number of gallons of blended
special fuel subject to tax is the difference between the total
number of gallons of blended special fuel removed or sold
and the number of gallons of previously taxed special fuel
used to produce the blended special fuel;
(f) Dyed special fuel is used on a highway, as authorized
by the internal revenue code, unless the use is exempt from
the special fuel tax;
(g) Dyed special fuel is held for sale, sold, used, or is
intended to be used in violation of this chapter;
(h) Special fuel purchased by an international fuel tax
agreement licensee under RCW 82.38.320 is used on a highway; and
(i) Special fuel is sold by a licensed special fuel supplier
to a special fuel distributor, special fuel importer, or special
fuel blender and the special fuel is not removed from the bulk
transfer-terminal system.
(4) The tax imposed by this chapter, if required to be collected by the licensee, is held in trust by the licensee until
paid to the department, and a licensee who appropriates or
converts the tax collected to his or her own use or to any use
other than the payment of the tax to the extent that the money
required to be collected is not available for payment on the
due date as prescribed in this chapter is guilty of a felony, or
gross misdemeanor in accordance with the theft and anticipatory provisions of Title 9A RCW. A person, partnership, corporation, or corporate officer who fails to collect the tax
imposed by this section, or who has collected the tax and fails
to pay it to the department in the manner prescribed by this
chapter, is personally liable to the state for the amount of the
tax. [2003 c 361 § 402; 2002 c 183 § 2; 2001 c 270 § 6; 1998
c 176 § 51; 1996 c 104 § 7; 1989 c 193 § 3; 1983 1st ex.s. c
49 § 30; 1979 c 40 § 3; 1977 ex.s. c 317 § 5; 1975 1st ex.s. c
62 § 1; 1973 1st ex.s. c 156 § 1; 1972 ex.s. c 135 § 2; 1971
ex.s. c 175 § 4.]
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Severability—Effective date—1983 1st ex.s. c 49: See RCW
36.79.900 and 36.79.901.
Effective dates—Severability—1977 ex.s. c 317: See notes following
RCW 82.36.010.
82.38.035
82.38.035 Remittance of tax. (1) A licensed supplier
shall remit tax on special fuel to the department as provided
in RCW 82.38.030(3)(a). On a two-party exchange, or buysell agreement between two licensed suppliers, the receiving
exchange partner or buyer shall remit the tax.
[2003 RCW Supp—page 1096]
(2) A refiner shall remit tax to the department on special
fuel removed from a refinery as provided in RCW
82.38.030(3)(b).
(3) An importer shall remit tax to the department on special fuel imported into this state as provided in RCW
82.38.030(3)(c).
(4) A blender shall remit tax to the department on the
removal or sale of blended special fuel as provided in RCW
82.38.030(3)(e).
(5) A dyed special fuel user shall remit tax to the department on the use of dyed special fuel as provided in RCW
82.38.030(3)(f). [2003 c 361 § 405; 2001 c 270 § 7; 1998 c
176 § 53.]
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
82.38.047
82.38.047 Liability of terminal operator for taxes
when documentation incorrectly indicates internal revenue service compliance. A terminal operator is jointly and
severally liable for remitting the tax imposed under RCW
82.38.030 if, in connection with the removal of special fuel
that is not dyed or marked in accordance with internal revenue service requirements, the terminal operator provides a
person with a bill of lading, shipping paper, or similar document indicating that the special fuel is dyed or marked in
accordance with internal revenue service requirements.
[2003 c 361 § 406; 1998 c 176 § 55.]
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
82.38.182
82.38.182 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
82.38.270
82.38.270 Violations—Penalties. (1) It is unlawful for
a person or corporation to:
(a) Have dyed diesel in the fuel supply tank of a vehicle
that is licensed or required to be licensed for highway use or
maintain dyed diesel in bulk storage for highway use, unless
the person or corporation maintains an uncanceled dyed diesel user license or is otherwise exempted by this chapter;
(b) Evade a tax or fee imposed under this chapter;
(c) File a false statement of a material fact on a special
fuel license application or special fuel refund application;
(d) Act as a special fuel importer, special fuel blender, or
special fuel supplier unless the person holds an uncanceled
special fuel license issued by the department authorizing the
person to engage in that business;
(e) Knowingly assist another person to evade a tax or fee
imposed by this chapter;
(f) Knowingly operate a conveyance for the purpose of
hauling, transporting, or delivering special fuel in bulk and
not possess an invoice, bill of sale, or other statement showing the name, address, and tax license number of the seller or
consignor, the destination, the name, address, and tax license
number of the purchaser or consignee, and the number of gallons.
(2)(a) A single violation of subsection (1)(a) of this section is a gross misdemeanor under chapter 9A.20 RCW.
Special Fuel Tax Act
(b) Multiple violations of subsection (1)(a) of this section and violations of subsection (1)(b) through (f) of this section are a class C felony under chapter 9A.20 RCW.
(3) In addition to other penalties and remedies provided
by law, the court shall order a person or corporation found
guilty of violating subsection (1)(b) through (f) of this section
to:
(a) Pay the tax or fee evaded plus interest, commencing
at the date the tax or fee was first due, at the rate of twelve
percent per year, compounded monthly; and
(b) Pay a penalty of one hundred percent of the tax
evaded, to the multimodal transportation account of the state.
[2003 c 358 § 14; 2000 2nd sp.s. c 4 § 10; 1995 c 287 § 4;
1979 c 40 § 19; 1977 c 26 § 4; 1971 ex.s. c 175 § 28.]
Captions not law—Severability—2003 c 358: See notes following
RCW 82.36.470.
Effective dates—2000 2nd sp.s. c 4 §§ 4-10: See note following RCW
43.89.010.
82.38.280
82.38.280 State preempts tax field. The tax levied in
this chapter is in lieu of any excise, privilege, or occupational
tax upon the business of manufacturing, selling, or distributing special fuel, and no city, town, county, township or other
subdivision or municipal corporation of the state shall levy or
collect any excise tax upon or measured by the sale, receipt,
distribution, or use of special fuel, except as provided in
chapter 82.80 RCW and RCW 82.47.020. [2003 c 350 § 6;
1991 c 173 § 5; 1990 c 42 § 205; 1979 ex.s. c 181 § 6; 1971
ex.s. c 175 § 29.]
Effective date—1991 c 173: See note following RCW 82.47.010.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—Severability—1979 ex.s. c 181: See notes following
RCW 82.36.440.
82.38.360
82.38.360 Fuel tax evasion—Seizure and forfeiture.
(1) The following are subject to seizure and forfeiture:
(a) Special fuel imported into this state by a person not
licensed in this state in accordance with this chapter to import
fuel;
(b) Special fuel that is blended or manufactured by a person not licensed in this state in accordance with this chapter
to blend or manufacture fuel;
(c) All conveyances that are used, or intended for use, to
transport, or in any manner to facilitate the transportation, for
the purpose of sale or receipt of property described in (a) and
(b) of this subsection, except where the owner of the conveyance neither had knowledge of nor consented to the transportation of the special fuel by an unlicensed importer, blender,
or manufacturer of fuel.
(2) Before seizing a common carrier conveyance, contract carrier conveyance, or a conveyance secured by a bona
fide security interest where the secured party neither had
knowledge of or consented to the unlawful act or omission,
the state patrol or the department of licensing shall give the
common carrier, contract carrier, or secured party, or their
representatives within twenty-four hours, a notice in writing
served by mail or other means to cease transporting fuel for
any person not licensed to import, blend, or manufacture fuel
in this state.
82.38.365
(3) Property subject to forfeiture under this chapter may
be seized by the state patrol upon process issued by a superior
court or district court having jurisdiction over the property.
Seizure without process may be made if:
(a) The seizure is incident to an arrest or a search under a
search warrant or an administrative inspection; or
(b) The state patrol has probable cause to believe that the
property was used or is intended to be used in violation of this
chapter and exigent circumstances exist making procurement
of a search warrant impracticable. [2003 c 358 § 7.]
Captions not law—Severability—2003 c 358: See notes following
RCW 82.36.470.
82.38.365
82.38.365 Fuel tax evasion—Forfeiture procedure.
In all cases of seizure of property made subject to forfeiture
under this chapter, the state patrol shall proceed as follows:
(1) Forfeiture is deemed to have commenced by the seizure.
(2) The state patrol shall list and particularly describe in
duplicate the conveyance seized. After the appropriate
appeal period has expired, a seized conveyance must be sold
at a public auction in accordance with chapter 43.19 RCW.
(3) The state patrol shall list and particularly describe in
duplicate the special fuel seized. The selling price of the fuel
seized will be the average terminal rack price for similar fuel,
at the closest terminal rack on the day of sale, unless circumstance warrants that a different selling price is appropriate.
The method used to value the fuel must be documented. The
fuel will be sold at the earliest point in time, and the total
price must include all appropriate state and federal taxes.
The state patrol or the department may enter into contracts for
the transportation, handling, storage, and sale of fuel subject
to forfeiture. The money received must be deposited in the
motor vehicle account, after deduction for expenses provided
for in this section.
(4) The state patrol shall, within five days after the seizure of a conveyance or fuel, cause notice to be served on the
owner of the property seized, if known, on the person in
charge of the property, and on any other person having any
known right or interest in the property, of the seizure and
intended forfeiture. The notice may be served by any method
authorized by law or court rule including but not limited to
service by mail. If service is by mail it must be by both certified mail with return receipt requested and regular mail.
Service by mail is deemed complete upon mailing within the
five-day period after the date of seizure.
(5) If no person notifies the state patrol in writing of the
person's claim of ownership or right to possession of the
items seized within fifteen days of the date of the notice of
seizure, the items seized are considered forfeited.
(6) If any person notifies the state patrol, in writing, of
the person's claim of ownership or right to possession of the
items seized within fifteen days of the date of the notice of
seizure, the person or persons must be given a reasonable
opportunity to be heard as to the claim or right. The hearing
must be before the director of licensing, or the director's designee. A hearing and any appeals must be in accordance with
chapter 34.05 RCW. The burden of proof by a preponderance of the evidence is upon the person claiming to be the
lawful owner or the person claiming to have the lawful right
to possession of the items seized. The state patrol and the
[2003 RCW Supp—page 1097]
82.38.370
Title 82 RCW: Excise Taxes
department shall promptly return the conveyance seized, and
money from the sale of fuel seized, to the claimant upon a
determination that the claimant is the present lawful owner
and is lawfully entitled to possession of the items seized.
[2003 c 358 § 8.]
Captions not law—Severability—2003 c 358: See notes following
RCW 82.36.470.
82.38.370
82.38.370 Fuel tax evasion—Forfeited property.
When property is forfeited under this chapter, the state patrol
or the department may use the proceeds of the sale and all
moneys forfeited for the payment of all proper expenses of
any investigation leading to the seizure and of the proceedings for forfeiture and sale, including expenses of seizure,
maintenance of custody, advertising, and court costs. Proper
expenses of investigation include costs incurred by a law
enforcement agency or a federal, state, or local agency. The
balance of the proceeds must be deposited in the motor vehicle fund. [2003 c 358 § 9.]
Captions not law—Severability—2003 c 358: See notes following
RCW 82.36.470.
82.38.375
82.38.375 Fuel tax evasion—Return of seized property. (1) The state patrol and the department may return
property seized and proceeds from the sale of fuel under this
chapter when it is shown that there was no intention to violate
this chapter.
(2) When property is returned under this section, the
state patrol and the department may return the goods to the
parties from whom they were seized if and when the parties
pay all applicable taxes and interest. [2003 c 358 § 10.]
Captions not law—Severability—2003 c 358: See notes following
RCW 82.36.470.
82.38.380
82.42.020
82.42.025
Aircraft fuel tax imposed—Exception—Rate to be computed—Misappropriation or conversion—Penalties, liability.
Repealed.
82.42.020
82.42.020 Aircraft fuel tax imposed—Exception—
Rate to be computed—Misappropriation or conversion—
Penalties, liability. There is hereby levied, and there shall be
collected by every distributor of aircraft fuel, an excise tax at
the rate of ten cents on each gallon of aircraft fuel sold, delivered or used in this state: PROVIDED HOWEVER, That
such aircraft fuel excise tax shall not apply to fuel for aircraft
that both operate from a private, non-state-funded airfield
during at least ninety-five percent of the aircraft's normal use
and are used principally for the application of pesticides, herbicides, or other agricultural chemicals and shall not apply to
fuel for emergency medical air transport entities: PROVIDED FURTHER, That there shall be collected from every
consumer or user of aircraft fuel either the use tax imposed by
RCW 82.12.020, as amended, or the retail sales tax imposed
by RCW 82.08.020, as amended, collection procedure to be
as prescribed by law and/or rule or regulation of the department of revenue. The taxes imposed by this chapter shall be
collected and paid to the state but once in respect to any aircraft fuel.
The tax required by this chapter, to be collected by the
seller, is held in trust by the seller until paid to the department, and a seller who appropriates or converts the tax collected to his or her own use or to any use other than the payment of the tax to the extent that the money required to be
collected is not available for payment on the due date as prescribed in this chapter is guilty of a felony, or gross misdemeanor in accordance with the theft and anticipatory provisions of Title 9A RCW. A person, partnership, corporation,
or corporate officer who fails to collect the tax imposed by
this section, or who has collected the tax and fails to pay it to
the department in the manner prescribed by this chapter, is
personally liable to the state for the amount of the tax. [2003
c 375 § 5; 1996 c 104 § 13; 1982 1st ex.s. c 25 § 2; 1969 ex.s.
c 254 § 2; 1967 ex.s. c 10 § 2.]
82.38.380 Fuel tax evasion—Search and seizure.
When the state patrol has good reason to believe that special
fuel is being unlawfully imported, kept, sold, offered for sale,
blended, or manufactured in violation of this chapter or rules
adopted under it, the state patrol may make an affidavit of
that fact, describing the place or thing to be searched, before
a judge of any court in this state, and the judge shall issue a
search warrant directed to the state patrol commanding the
officer diligently to search any place or vehicle designated in
the affidavit and search warrant, and to seize the fuel and conveyance so possessed and to hold them until disposed of by
law, and to arrest the person in possession or control of them.
[2003 c 358 § 11.]
Severability—Effective date—1982 1st ex.s. c 25: See notes following RCW 82.42.010.
Captions not law—Severability—2003 c 358: See notes following
RCW 82.36.470.
Sections
Effective date—2003 c 375: See note following RCW 47.68.233.
82.42.025
82.42.025 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 82.44
82.44.041
82.38.385
82.38.385 Fuel tax evasion—Rules. The department
and the state patrol shall adopt rules necessary to implement
RCW 82.38.360 through 82.38.380. [2003 c 358 § 12.]
82.44.041
Captions not law—Severability—2003 c 358: See notes following
RCW 82.36.470.
82.44.110
Chapter 82.42 RCW
82.44.150
Chapter 82.42
82.44.110
82.44.120
AIRCRAFT FUEL TAX
82.44.150
Sections
[2003 RCW Supp—page 1098]
Chapter 82.44 RCW
MOTOR VEHICLE EXCISE TAX
Valuation of vehicles. (Effective if Initiative Measure No. 776
is declared unconstitutional by pending court action.)
Repealed. (Effective if Initiative Measure No. 776 is upheld by
pending court action.)
Disposition of revenue. (Effective if Initiative Measure No.
776 is declared unconstitutional by pending court action.)
Repealed. (Effective if Initiative Measure No. 776 is upheld by
pending court action.)
Refunds, collections of erroneous amounts—Claims—False
statement, penalty. (Effective July 1, 2004.)
Apportionment and distribution of motor vehicle excise taxes
generally. (Effective if Initiative Measure No. 776 is
declared unconstitutional by pending court action.)
Repealed. (Effective if Initiative Measure No. 776 is upheld by
pending court action.)
Motor Vehicle Excise Tax
82.44.041
82.44.041 Valuation of vehicles. (Effective if Initiative Measure No.
776 is declared unconstitutional by pending court action.) (1) For the purpose of determining the tax under this chapter, the value of a truck-type
power or trailing unit shall be the latest purchase price of the vehicle, excluding applicable federal excise taxes, state and local sales or use taxes, transportation or shipping costs, or preparatory or delivery costs, multiplied by
the following percentage based on year of service of the vehicle since last
sale. The latest purchase year shall be considered the first year of service.
YEAR OF SERVICE
1
2
3
4
5
6
7
8
9
10
11
12
13 or older
PERCENTAGE
100
90
83
75
67
59
52
44
36
28
21
13
10
(2) The reissuance of title and registration for a truck-type power or
trailing unit because of the installation of body or special equipment shall be
treated as a sale, and the value of the truck-type power or trailing unit at that
time, as determined by the department from such information as may be
available, shall be considered the latest purchase price.
(3) For the purpose of determining the tax under this chapter, the value
of a motor vehicle other than a truck-type power or trailing unit shall be the
manufacturer's base suggested retail price of the vehicle when first offered
for sale as a new vehicle, excluding any optional equipment, applicable federal excise taxes, state and local sales or use taxes, transportation or shipping
costs, or preparatory or delivery costs, multiplied by the applicable percentage listed in this subsection based on year of service of the vehicle.
If the manufacturer's base suggested retail price is unavailable or otherwise unascertainable at the time of initial registration in this state, the department shall determine a value equivalent to a manufacturer's base suggested
retail price as follows:
(a) The department shall determine a value using any information that
may be available, including any guidebook, report, or compendium of recognized standing in the automotive industry or the selling price and year of sale
of the vehicle. The department may use an appraisal by the county assessor.
In valuing a vehicle for which the current value or selling price is not indicative of the value of similar vehicles of the same year and model, the department shall establish a value that more closely represents the average value of
similar vehicles of the same year and model.
(b) The value determined in (a) of this subsection shall be divided by
the applicable percentage listed in this subsection to establish a value equivalent to a manufacturer's base suggested retail price. The applicable percentage shall be based on the year of service of the vehicle for which the value is
determined.
YEAR OF SERVICE
1
2
3
4
5
6
7
8
9
10
11
12
13 or older
PERCENTAGE
100
95
89
83
74
65
57
48
40
31
22
14
10
82.44.110
(4) For purposes of this chapter, value shall exclude value attributable
to modifications of a motor vehicle and equipment that are designed to facilitate the use or operation of the motor vehicle by a handicapped person.
[1998 c 321 § 4 (Referendum Bill No. 49, approved November 3, 1998);
1990 c 42 § 303.]
Reviser's note: See note following RCW 82.44.010.
Purpose—Severability—1998 c 321: See notes following RCW
82.44.110.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.44.110.
Contingent effective dates—1998 c 321 §§ 23-42: See note following
RCW 82.50.410.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note following RCW 82.44.110.
Transitional valuation method and tax limitation—1990 c 42: "Notwithstanding any other provision of this act, motor vehicles and travel trailers and campers that are valued under the system in effect before September
1, 1990, shall be valued by using the initial valuation of the vehicle under
chapter 82.44 or 82.50 RCW multiplied by the applicable percentage under
section 303 or 323 of this act [RCW 82.44.041 or 82.50.425]. Before December 1992 vehicle license expirations, no tax may be imposed on any motor
vehicle or travel trailer or camper that is greater than one hundred ten percent
of the tax imposed during the registration period in effect before September
1, 1990." [1990 c 42 § 326.] For codification of "this act" [1990 c 42], see
Codification Tables, Volume 0.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
82.44.041
82.44.041 Repealed. (Effective if Initiative Measure No. 776 is
upheld by pending court action.) See Supplementary Table of Disposition
of Former RCW Sections, this volume.
Reviser's note: The constitutionality of Initiative Measure No. 776 is
being challenged in Pierce Co. v. State of Washington, King Co. Superior Ct.
No. 02-2-35125-5 SEA.
82.44.110
82.44.110 Disposition of revenue. (Effective if Initiative Measure
No. 776 is declared unconstitutional by pending court action.) The county
auditor shall regularly, when remitting license fee receipts, pay over and
account to the director of licensing for the excise taxes collected under the
provisions of this chapter. The director shall forthwith transmit the excise
taxes to the state treasurer.
(1) The state treasurer shall deposit the excise taxes collected under
RCW 82.44.020(1) as follows:
(a) 1.455 percent into the motor vehicle fund through June 30, 1999,
and 1.71 percent beginning July 1, 1999, to defray administrative and other
expenses incurred by the department in the collection of the excise tax.
(b) 7.409 percent into the Puget Sound capital construction account in
the motor vehicle fund through June 30, 1999, and 8.712 percent beginning
July 1, 1999.
(c) 3.70 percent into the Puget Sound ferry operations account in the
motor vehicle fund through June 30, 1999, and 4.351 percent beginning July
1, 1999.
(d) 5.345 percent into the city police and fire protection assistance
account under RCW 82.44.155 through June 30, 1999, and 6.286 percent
beginning July 1, 1999.
(e) 4.318 percent into the municipal sales and use tax equalization
account created in RCW 82.14.210 through June 30, 1999, and 5.628 percent
beginning July 1, 1999.
(f) 1.455 percent into the county sales and use tax equalization account
created in RCW 82.14.200 through June 30, 1999, and 1.71 percent beginning July 1, 1999.
(g) 13.573 percent into the general fund through June 30, 1999.
(h) 43.605 percent into the transportation fund created in RCW
82.44.180 through June 30, 1999, and 51.203 percent beginning July 1,
1999.
(i) 5.426 percent into the county criminal justice assistance account
created in RCW 82.14.310 through June 30, 1999, and 3.892 percent beginning July 1, 1999.
(j) 1.085 percent into the municipal criminal justice assistance account
for distribution under RCW 82.14.320 through June 30, 1999, and 0.778 percent beginning July 1, 1999.
[2003 RCW Supp—page 1099]
82.44.110
Title 82 RCW: Excise Taxes
(k) 1.085 percent into the municipal criminal justice assistance account
for distribution under RCW 82.14.330 through June 30, 1999, and 0.778 percent beginning July 1, 1999.
(l) 2.682 percent into the county public health account created in RCW
70.05.125 through June 30, 1999, and 3.153 percent beginning July 1, 1999.
(m) 8.862 percent into the motor vehicle fund through June 30, 1999,
and 10.422 percent beginning July 1, 1999.
(n) 1.377 percent into the distressed county assistance account under
RCW 82.14.380 beginning July 1, 1999.
Notwithstanding (i) through (k) of this subsection, for each fiscal year
through fiscal year 1999, the amounts deposited into the accounts specified
in (i) through (k) of this subsection shall not increase by more than the
amounts deposited into those accounts in the previous fiscal year increased
by the implicit price deflator for the previous fiscal year. Any revenues in
excess of this amount shall be deposited into the violence reduction and drug
enforcement account.
(2) The state treasurer shall deposit the excise tax imposed by RCW
82.44.020(2) into the air pollution control account created by RCW
70.94.015. [1998 c 321 § 5 (Referendum Bill No. 49, approved November
3, 1998); 1997 c 338 § 68; 1997 c 149 § 911. Prior: 1995 1st sp.s. c 15 § 2;
1995 c 398 § 14; prior: 1993 sp.s. c 21 § 7; 1993 c 492 § 253; 1993 c 491 §
1; 1991 c 199 § 221; 1990 2nd ex.s. c 1 § 801; 1990 c 42 § 306; 1987 1st ex.s.
c 9 § 7; 1982 1st ex.s. c 35 § 12; 1979 c 158 § 235; 1977 ex.s. c 332 § 2; 1974
ex.s. c 54 § 3; 1967 c 121 § 1; 1961 c 15 § 82.44.110; prior: 1957 c 128 § 1;
1955 c 259 § 6; 1943 c 144 § 10; Rem. Supp. 1943 § 6312-124; prior: 1937
c 228 § 9.]
Reviser's note: See note following RCW 82.44.010.
Purpose—1998 c 321: "The purpose of this act is to reallocate the general fund portion of the state's motor vehicle excise tax revenues among the
taxpayers, local governments, and the state's transportation programs. By
reallocating motor vehicle excise taxes, the state revenue portion can be dedicated to increased transportation funding purposes. Since the general fund
currently has a budget surplus, due to a strong economy, the legislature feels
that this reallocation is an appropriate short-term solution to the state's transportation needs and is a first step in meeting longer-term transportation funding needs. These reallocated funds must be used to provide relief from traffic
congestion, improve freight mobility, and increase traffic safety.
In reallocating general fund resources, the legislature also ensures that
other programs funded from the general fund are not adversely impacted by
the reallocation of surplus general fund revenues. The legislature also adopts
this act to continue the general fund revenue and expenditure limitations contained in chapter 43.135 RCW after this one-time transfer of funds.
In order to develop a long-term and comprehensive solution to the
state's transportation problems, a joint committee will be created to study the
state's transportation needs and the appropriate sources of revenue necessary
to implement the state's long-term transportation needs as provided in *section 22 of this act." [1998 c 321 § 1 (Referendum Bill No. 49, approved
November 3, 1998).]
*Reviser's note: Section 22 of this act was vetoed by the governor.
Severability—1998 c 321: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1998 c 321 § 45 (Referendum Bill No. 49, approved November
3, 1998).]
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: "(1)
Sections 1 through 3, 5 through 21, 44, and 45 of this act take effect January
1, 1999.
(2) Section 4 of this act takes effect July 1, 1999, and applies to registrations that are due or become due in July 1999, and thereafter." [1998 c
321 § 46 (Referendum Bill No. 49, approved November 3, 1998).]
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: "The secretary
of state shall submit sections 1 through 21 and 44 through 46 of this act to the
people for their adoption and ratification, or rejection, at the next general
election to be held in this state, in accordance with Article II, section 1 of the
state Constitution and the laws adopted to facilitate its operation." [1998 c
321 § 49 (Referendum Bill No. 49, approved November 3, 1998).]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Severability—Effective date—1997 c 149: See notes following RCW
43.08.250.
[2003 RCW Supp—page 1100]
Effective date—1995 1st sp.s. c 15: See note following RCW
70.05.125.
Effective dates—1993 sp.s. c 21: See note following RCW 82.14.310.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Effective date—1993 c 491: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 30,
1993." [1993 c 491 § 3.]
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
Effective dates—1990 2nd ex.s. c 1: See note following RCW
84.52.010.
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Severability—Effective date—1987 1st ex.s. c 9: See notes following
RCW 46.29.050.
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
Effective date—Severability—1977 ex.s. c 332: See notes following
RCW 82.44.020.
Effective dates—1974 ex.s. c 54: "Section 6 of this 1974 amendatory
act shall not take effect until June 30, 1981, and the remainder of this 1974
amendatory act is necessary for the immediate preservation of the public
peace, health and safety, the support of the state government and its existing
public institutions, and shall take effect immediately." [1974 ex.s. c 54 § 13.]
Severability—1974 ex.s. c 54: "If any provision of this 1974 amendatory act, or its application to any person or circumstances is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1974 ex.s. c 54 § 14.]
82.44.110
82.44.110 Repealed. (Effective if Initiative Measure No. 776 is
upheld by pending court action.) See Supplementary Table of Disposition
of Former RCW Sections, this volume.
Reviser's note: The constitutionality of Initiative Measure No. 776 is
being challenged in Pierce Co. v. State of Washington, King Co. Superior Ct.
No. 02-2-35125-5 SEA.
82.44.120
82.44.120 Refunds, collections of erroneous
amounts—Claims—False statement, penalty. (Effective
July 1, 2004.) (1) Whenever any person has paid a motor
vehicle license fee, and together therewith has paid an excise
tax imposed under the provisions of this chapter, and the
director determines that the payor is entitled to a refund of the
entire amount of the license fee as provided by law, then the
payor shall also be entitled to a refund of the entire excise tax
collected under the provisions of this chapter. In case the
director determines that any person is entitled to a refund of
only a part of the license fee so paid, the payor shall be entitled to a refund of the difference, if any, between the excise
tax collected and that which should have been collected.
(2) In case no claim is to be made for the refund of the
license fee or any part thereof, but claim is made by any person that he or she has paid an erroneously excessive amount
of excise tax, the department shall determine in the manner
generally provided in this chapter the amount of such excess,
if any, that has been paid and shall certify to the state treasurer that such person is entitled to a refund in such amount.
(3) In any case where due to error, a person has been
required to pay an excise tax pursuant to this chapter and a
Motor Vehicle Excise Tax
vehicle license fee pursuant to Title 46 RCW which amounts
to an overpayment of ten dollars or more, such person shall
be entitled to a refund of the entire amount of such overpayment, regardless of whether or not a refund of the overpayment has been requested. Conversely, if due to error, the
department or its agents has failed to collect the full amount
of the license fee and excise tax due, which underpayment is
in the amount of ten dollars or more, the department shall
charge and collect such additional amount as will constitute
full payment of the tax.
(4) Any claim for refund of an erroneously excessive
amount of excise tax or overpayment of excise tax with a
motor vehicle license fee must be filed with the director
within three years after the claimed erroneous payment was
made.
(5) If the department approves the claim it shall notify
the state treasurer to that effect, and the treasurer shall make
such approved refunds from the general fund and shall mail
or deliver the same to the person entitled thereto.
(6) Any person making any false statement under which
he or she obtains any amount of refund to which he or she is
not entitled under the provisions of this section is guilty of a
gross misdemeanor. [2003 c 53 § 403; 1993 c 307 § 3; 1990
c 42 § 307; 1989 c 68 § 2; 1983 c 26 § 3; 1979 c 120 § 2; 1975
1st ex.s. c 278 § 95; 1974 ex.s. c 54 § 4; 1967 c 121 § 2; 1963
c 199 § 5; 1961 c 15 § 82.44.120. Prior: 1949 c 196 § 18;
1945 c 152 § 3; 1943 c 144 § 11; Rem. Supp. 1949 § 6312125.]
Reviser's note: See note following RCW 82.44.010.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Severability—Effective dates—1974 ex.s. c 54: See notes following
RCW 82.44.110.
82.44.150
82.44.150 Apportionment and distribution of motor vehicle excise
taxes generally. (Effective if Initiative Measure No. 776 is declared
unconstitutional by pending court action.) (1) The director of licensing
shall, on the twenty-fifth day of February, May, August, and November of
each year, advise the state treasurer of the total amount of motor vehicle
excise taxes imposed by *RCW 82.44.020(1) remitted to the department during the preceding calendar quarter ending on the last day of March, June,
September, and December, respectively, except for those payable under
*RCW 82.44.030, from motor vehicle owners residing within each municipality which has levied a tax under **RCW 35.58.273, which amount of
excise taxes shall be determined by the director as follows:
The total amount of motor vehicle excise taxes remitted to the department, except those payable under *RCW 82.44.020(2) and 82.44.030, from
each county shall be multiplied by a fraction, the numerator of which is the
population of the municipality residing in such county, and the denominator
of which is the total population of the county in which such municipality or
portion thereof is located. The product of this computation shall be the
amount of excise taxes from motor vehicle owners residing within such
municipality or portion thereof. Where the municipality levying a tax under
**RCW 35.58.273 is located in more than one county, the above computation shall be made by county, and the combined products shall provide the
total amount of motor vehicle excise taxes from motor vehicle owners residing in the municipality as a whole. Population figures required for these computations shall be supplied to the director by the office of financial management, who shall adjust the fraction annually.
(2) On the first day of the months of January, April, July, and October
of each year, the state treasurer based upon information provided by the
department shall, from motor vehicle excise taxes deposited in the transportation fund under RCW 82.44.110, make the following deposits:
82.44.150
(a) To the high capacity transportation account created in RCW
47.78.010, a sum equal to four and five-tenths percent of the special excise
tax levied under **RCW 35.58.273 by those municipalities authorized to
levy a special excise tax within each county that has a population of one hundred seventy-five thousand or more and has an interstate highway within its
borders; except that in a case of a municipality located in a county that has a
population of one hundred seventy-five thousand or more that does not have
an interstate highway located within its borders, that sum shall be deposited
in the passenger ferry account;
(b) To the public transportation systems account created in RCW
82.44.180, for revenues distributed after June 30, 1999, within a county with
a population of one million or more and a county with a population of from
two hundred thousand to less than one million bordering a county with a population of one million or more with which it shares a border of more than five
miles, a sum equal to 6.8688 percent of the special excise tax distributed
under **RCW 35.58.273; and
(c) To the public transportation systems account created in RCW
82.44.180, for revenues distributed after June 30, 1999, within counties not
described in (b) of this subsection, a sum equal to 1.0534 percent of the special excise tax levied and collected under **RCW 35.58.273.
(3) On the first day of the months of January, April, July, and October
of each year, the state treasurer, based upon information provided by the
department, shall remit motor vehicle excise tax revenues imposed and collected under **RCW 35.58.273 as follows:
(a) The amount required to be remitted by the state treasurer to the treasurer of any municipality levying the tax shall not exceed in any calendar
year the amount of locally-generated tax revenues, excluding (i) the excise
tax imposed under **RCW 35.58.273 for the purposes of this section, which
shall have been budgeted by the municipality to be collected in such calendar
year for any public transportation purposes including but not limited to operating costs, capital costs, and debt service on general obligation or revenue
bonds issued for these purposes; and (ii) the sales and use tax equalization
distributions provided under RCW 82.14.046; and
(b) In no event may the amount remitted in a single calendar quarter
exceed the amount collected on behalf of the municipality under **RCW
35.58.273 during the calendar quarter next preceding the immediately preceding quarter, excluding the sales and use tax equalization distributions provided under RCW 82.14.046.
(4) At the close of each calendar year accounting period, but not later
than April 1, each municipality that has received motor vehicle excise taxes
under subsection (3) of this section shall transmit to the director of licensing
and the state auditor a written report showing by source the previous year's
budgeted tax revenues for public transportation purposes as compared to
actual collections. Any municipality that has not submitted the report by
April 1 shall cease to be eligible to receive motor vehicle excise taxes under
subsection (3) of this section until the report is received by the director of
licensing. If a municipality has received more or less money under subsection (3) of this section for the period covered by the report than it is entitled
to receive by reason of its locally-generated collected tax revenues, the director of licensing shall, during the next ensuing quarter that the municipality is
eligible to receive motor vehicle excise tax funds, increase or decrease the
amount to be remitted in an amount equal to the difference between the
locally-generated budgeted tax revenues and the locally-generated collected
tax revenues. In no event may the amount remitted for a calendar year exceed
the amount collected on behalf of the municipality under **RCW 35.58.273
during that same calendar year excluding the sales and use tax equalization
distributions provided under RCW 82.14.046. At the time of the next fiscal
audit of each municipality, the state auditor shall verify the accuracy of the
report submitted and notify the director of licensing of any discrepancies.
(5) The motor vehicle excise taxes imposed under **RCW 35.58.273
and required to be remitted under this section and RCW 82.14.046 shall be
remitted without legislative appropriation.
(6) Any municipality levying and collecting a tax under **RCW
35.58.273 which does not have an operating, public transit system or a contract for public transportation services in effect within one year from the initial effective date of the tax shall return to the state treasurer all motor vehicle
excise taxes received under subsection (3) of this section. [1999 c 94 § 30;
1998 c 321 § 6 (Referendum Bill No. 49, approved November 3, 1998); 1995
2nd sp.s. c 14 § 538; 1994 c 241 § 1; 1993 c 491 § 2. Prior: 1991 c 309 § 5;
1991 c 199 § 222; (1991 c 363 § 159 repealed by 1991 c 309 § 6); 1990 c 42
§ 308; 1988 c 18 § 1; prior: 1987 1st ex.s. c 9 § 8; 1987 c 428 § 3; prior:
1982 1st ex.s. c 49 § 20; 1982 1st ex.s. c 35 § 13; 1979 ex.s. c 175 § 4; 1979
c 158 § 238; 1974 ex.s. c 54 § 5; 1972 ex.s. c 87 § 1; prior: 1971 ex.s. c 199
§ 2; 1971 ex.s. c 80 § 1; 1969 ex.s. c 255 § 15; 1961 c 15 § 82.44.150; prior:
1957 c 175 § 12; 1945 c 152 § 5; 1943 c 144 § 14; Rem. Supp. 1945 § 6312128.]
[2003 RCW Supp—page 1101]
82.44.150
Title 82 RCW: Excise Taxes
Reviser's note: (1) See note following RCW 82.44.010.
*(2) RCW 82.44.020 and 82.44.030 were repealed by 2000 1st sp.s. c
1 § 2.
**(3) RCW 35.58.273 was repealed by 2002 c 6 § 2.
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note following RCW 82.14.045.
Effective dates—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Severability—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Effective date—1993 c 491: See note following RCW 82.44.110.
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
Transitional distributions—1990 c 42: "Distributions under RCW
82.44.150 for excise taxes collected under RCW 35.58.273, before September 1, 1990, shall be under the provisions of RCW 82.44.150 as it existed
before September 1, 1990." [1990 c 42 § 327.]
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Severability—Effective date—1987 1st ex.s. c 9: See notes following
RCW 46.29.050.
Effective date—1987 c 428: See note following RCW 47.78.010.
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
Effective date—1979 ex.s. c 175: "Section 4 of this act shall take effect
on January 1, 1980." [1979 ex.s. c 175 § 6.]
Severability—Effective dates—1974 ex.s. c 54: See notes following
RCW 82.44.110.
82.44.150
82.44.150 Repealed. (Effective if Initiative Measure No. 776 is
upheld by pending court action.) See Supplementary Table of Disposition
of Former RCW Sections, this volume.
Reviser's note: The constitutionality of Initiative Measure No. 776 is
being challenged in Pierce Co. v. State of Washington, King Co. Superior Ct.
No. 02-2-35125-5 SEA.
Chapter 82.45
Chapter 82.45 RCW
EXCISE TAX ON REAL ESTATE SALES
floating home sales. A receipt issued by the county treasurer
for the payment of the tax imposed under this chapter shall be
evidence of the satisfaction of the lien imposed hereunder
and may be recorded in the manner prescribed for recording
satisfactions of mortgages. No instrument of sale or conveyance evidencing a sale subject to the tax shall be accepted by
the county auditor for filing or recording until the tax shall
have been paid and the stamp affixed thereto; in case the tax
is not due on the transfer, the instrument shall not be so
accepted until suitable notation of such fact has been made on
the instrument by the treasurer.
(2) For a sale of a beneficial interest in real property
where a tax is due under this chapter and where no instrument
is recorded in the official real property records of the county
in which the property is located, the sale shall be reported to
the department of revenue within five days from the date of
the sale on such returns or forms and according to such procedures as the department may prescribe. Such forms or
returns shall be signed by both the transferor and the transferee and shall be accompanied by payment of the tax due.
(3) Any person who intentionally makes a false statement on any return or form required to be filed with the
department under this chapter is guilty of perjury under chapter 9A.72 RCW. [2003 c 53 § 404; 1993 sp.s. c 25 § 506;
1991 c 327 § 6; 1990 c 171 § 7; 1984 c 192 § 2; 1980 c 154 §
4; 1979 ex.s. c 266 § 2; 1969 ex.s. c 223 § 28A.45.090. Prior:
1951 2nd ex.s. c 19 § 4; 1951 1st ex.s. c 11 § 11. Formerly
RCW 28A.45.090, 28.45.090.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Findings—Intent—1993 sp.s. c 25: See note following RCW
82.45.010.
Effective date—1990 c 171 §§ 6, 7, 8: "Sections 6, 7, and 8 of this act
shall take effect July 1, 1990." [1990 c 171 § 11.]
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter digest.
Chapter 82.49
Chapter 82.49 RCW
WATERCRAFT EXCISE TAX
Sections
82.49.065
Refunds, collections of erroneous amounts—Claims—Penalty
for false statement. (Effective July 1, 2004.)
Sections
82.49.065
82.45.090
Payment of tax and fee—Evidence of payment—Recording—
Sale of beneficial interest. (Effective July 1, 2004.)
82.45.090
82.45.090 Payment of tax and fee—Evidence of payment—Recording—Sale of beneficial interest. (Effective
July 1, 2004.) (1) Except for a sale of a beneficial interest in
real property where no instrument evidencing the sale is
recorded in the official real property records of the county in
which the property is located, the tax imposed by this chapter
shall be paid to and collected by the treasurer of the county
within which is located the real property which was sold. In
collecting the tax the treasurer shall act as agent for the state.
The county treasurer shall cause a stamp evidencing satisfaction of the lien to be affixed to the instrument of sale or conveyance prior to its recording or to the real estate excise tax
affidavit in the case of used mobile home sales and used
[2003 RCW Supp—page 1102]
82.49.065 Refunds, collections of erroneous
amounts—Claims—Penalty for false statement. (Effective July 1, 2004.) (1) Whenever any person has paid a vessel
license fee, and with the fee has paid an excise tax imposed
under this chapter, and the director of licensing determines
that the payor is entitled to a refund of the entire amount of
the license fee as provided by law, then the payor shall also
be entitled to a refund of the entire excise tax collected under
this chapter together with interest at the rate specified in
RCW 82.32.060. If the director determines that any person is
entitled to a refund of only a part of the license fee paid, the
payor shall be entitled to a refund of the difference, if any,
between the excise tax collected and that which should have
been collected together with interest at the rate specified in
RCW 82.32.060. The state treasurer shall determine the
amount of such refund by reference to the applicable excise
Travel Trailers and Campers Excise Tax
tax schedule prepared by the department of revenue in cooperation with the department of licensing.
(2) If no claim is to be made for the refund of the license
fee, or any part of the fee, but claim is made by any person
that he or she has paid an erroneously excessive amount of
excise tax, the department of licensing shall determine in the
manner generally provided in this chapter the amount of such
excess, if any, that has been paid and shall certify to the state
treasurer that the person is entitled to a refund in that amount
together with interest at the rate specified in RCW 82.32.060.
(3) If due to error a person has been required to pay an
excise tax pursuant to this chapter and a license fee under
chapter 88.02 RCW which amounts to an overpayment of ten
dollars or more, such person shall be entitled to a refund of
the entire amount of such overpayment, together with interest
at the rate specified in RCW 82.32.060, regardless of whether
a refund of the overpayment has been requested. If due to
error the department or its agents has failed to collect the full
amount of the license fee and excise tax due, which
underpayment is in the amount of ten dollars or more, the
department shall charge and collect such additional amount
as will constitute full payment of the tax and any penalties or
interest at the rate specified in RCW 82.32.050.
(4) If the department approves the claim, it shall notify
the state treasurer to that effect and the treasurer shall make
such approved refunds and the other refunds provided for in
this section from the general fund and shall mail or deliver
the same to the person entitled to the refund.
(5) Any person who makes a false statement under which
he or she obtains a refund to which he or she is not entitled
under this section is guilty of a gross misdemeanor. [2003 c
53 § 405; 1992 c 154 § 4; 1989 c 68 § 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1992 c 154: See note following RCW 82.48.020.
Chapter 82.50 RCW
TRAVEL TRAILERS AND CAMPERS EXCISE TAX
Chapter 82.50
82.50.170
82.50.170
(2) If due to error a person has been required to pay an
excise tax under this chapter and a vehicle license fee under
Title 46 RCW which amounts to an overpayment of ten dollars or more, such person shall be entitled to a refund of the
entire amount of such overpayment, together with interest at
the rate specified in RCW 82.32.060, regardless of whether a
refund of the overpayment has been requested. If due to error
the department or its agents has failed to collect the full
amount of the license fee and excise tax due, which
underpayment is in the amount of ten dollars or more, the
department shall charge and collect such additional amount
as will constitute full payment of the tax and any penalties or
interest at the rate specified in RCW 82.32.050.
(3) Any person making any false statement in the claim
herein mentioned, under which the person obtains any
amount of refund to which the person is not entitled under the
provisions of this section, is guilty of a gross misdemeanor.
[2003 c 53 § 406; 1992 c 154 § 6. Prior: 1989 c 378 § 26;
1989 c 68 § 4; 1981 c 260 § 16; prior: 1975 1st ex.s. c 278 §
97; 1975 1st ex.s. c 9 § 1; 1974 ex.s. c 54 § 9; 1961 c 15 §
82.50.170; prior: 1955 c 139 § 17.]
Reviser's note: See note following RCW 82.50.010.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1992 c 154: See note following RCW 82.48.020.
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Severability—Effective dates—1974 ex.s. c 54: See notes following
RCW 82.44.110.
Chapter 82.68 RCW
SALES AND USE TAX DEFERRALS FOR THE
MANUFACTURE OF BIODIESEL AND
ALCOHOL FUEL
Chapter 82.68
Sections
82.68.010
82.68.020
82.68.030
82.68.040
Sections
Refund, collection of erroneous amounts—Penalty for false
statement. (Effective July 1, 2004.)
82.50.170 Refund, collection of erroneous amounts—
Penalty for false statement. (Effective July 1, 2004.) (1) In
case a claim is made by any person that the person has erroneously paid the tax or a part thereof or any charge hereunder,
the person may apply in writing to the department of licensing for a refund of the amount of the claimed erroneous payment within thirteen months of the time of payment of the tax
on such a form as is prescribed by the department of licensing. The department of licensing shall review such application for refund, and, if it determines that an erroneous payment has been made by the taxpayer, it shall certify the
amount to be refunded to the state treasurer that such person
is entitled to a refund in such amount together with interest at
the rate specified in RCW 82.32.060, and the treasurer shall
make such approved refund together with interest at the rate
specified in RCW 82.32.060 herein provided for from the
general fund and shall mail or deliver the same to the person
entitled thereto.
82.68.010
82.68.050
82.68.060
82.68.070
82.68.080
Definitions. (Contingent effective date.)
Application for deferral of taxes. (Contingent effective date.)
Sales and use tax deferral certificate. (Contingent effective
date.)
Additional investment projects that qualify for sales and use
tax deferral. (Contingent effective date.)
Yearly report. (Contingent effective date.)
Employment and wage certification by employment security
department. (Contingent effective date.)
Applicability of general administrative provisions. (Contingent effective date.)
Confidentiality. (Contingent effective date.)
82.68.010
82.68.010 Definitions. (Contingent effective date.)
Unless the context clearly requires otherwise, the definitions
in this section apply throughout this chapter.
(1) "Alcohol fuel" has the same meaning as provided in
RCW 82.29A.135.
(2) "Applicant" means a person applying for a tax deferral under this chapter.
(3) "Biodiesel feedstock" means oil that is produced
from an agricultural crop for the sole purpose of ultimately
producing biodiesel fuel.
(4) "Biodiesel fuel" means a mono alkyl ester of long
chain fatty acids derived from vegetable oils or animal fats
for use in compression-ignition engines and that meets the
requirements of the American society of testing and materials
specification D 6751 in effect as of January 1, 2003.
[2003 RCW Supp—page 1103]
82.68.020
Title 82 RCW: Excise Taxes
(5) "Department" means the department of revenue.
(6) "Eligible area" means a county with fewer than one
hundred persons per square mile as determined annually by
the office of financial management and published by the
department effective for the period July 1st through June
30th, or a county that has a population of less than two hundred twenty-five thousand as determined by the office of
financial management and has an area greater than two hundred twenty-five square miles.
(7)(a) "Eligible investment project" means an investment
project in an eligible area.
(b) The lessor or owner of a qualified building is not eligible for a deferral unless the underlying ownership of the
buildings, machinery, and equipment vests exclusively in the
same person, or unless the lessor by written contract agrees to
pass the economic benefit of the deferral to the lessee in the
form of reduced rent payments.
(c) "Eligible investment project" does not include any
portion of an investment project undertaken by a light and
power business as defined in RCW 82.16.010(5), other than
that portion of a cogeneration project that is used to generate
power for consumption within the manufacturing site of
which the cogeneration project is an integral part, or investment projects which have already received deferrals under
this chapter.
(8) "Investment project" means an investment in qualified buildings or qualified machinery and equipment, including labor and services rendered in the planning, installation,
and construction of the project.
(9) "Manufacturing" means the same as defined in RCW
82.04.120. "Manufacturing" also includes computer programming, the production of computer software, and other
computer-related services, and the activities performed by
research and development laboratories and commercial testing laboratories.
(10) "Person" has the meaning given in RCW 82.04.030.
(11) "Qualified buildings" means construction of new
structures, and expansion or renovation of existing structures
for the purpose of increasing floor space or production capacity used for manufacturing and research and development
activities, including plant offices and warehouses or other
facilities for the storage of raw material or finished goods if
such facilities are an essential or an integral part of a factory,
mill, plant, or laboratory used for manufacturing or research
and development. If a building is used partly for manufacturing or research and development and partly for other purposes, the applicable tax deferral shall be determined by
apportionment of the costs of construction under rules
adopted by the department.
(12) "Qualified machinery and equipment" means all
new industrial and research fixtures, equipment, and support
facilities that are an integral and necessary part of a manufacturing or research and development operation. "Qualified
machinery and equipment" includes: Computers; software;
data processing equipment; laboratory equipment; manufacturing components such as belts, pulleys, shafts, and moving
parts; molds, tools, and dies; operating structures; and all
equipment used to control or operate the machinery.
(13) "Recipient" means a person receiving a tax deferral
under this chapter.
[2003 RCW Supp—page 1104]
(14) "Research and development" means the development, refinement, testing, marketing, and commercialization
of a product, service, or process before commercial sales
have begun. As used in this subsection, "commercial sales"
excludes sales of prototypes or sales for market testing if the
total gross receipts from such sales of the product, service, or
process do not exceed one million dollars. [2003 c 261 § 1.]
Effective dates—2003 c 261: See note following RCW 82.68.030.
Contingency—2003 c 261 §§ 1-8: See note following RCW 82.68.030.
82.68.020
82.68.020 Application for deferral of taxes. (Contingent effective date.) (1) Application for deferral of taxes
under this chapter must be made before initiation of the construction of the investment project or acquisition of equipment or machinery. The application shall be made to the
department in a form and manner prescribed by the department. The application shall contain information regarding
the location of the investment project, the applicant's average
employment in the state for the prior year, estimated or actual
new employment related to the project, estimated or actual
wages of employees related to the project, estimated or actual
costs, time schedules for completion and operation, and other
information required by the department.
(2) The department shall rule on the application within
sixty days. The department shall keep a running total of all
deferrals granted under this chapter during each fiscal biennium. [2003 c 261 § 2.]
Effective dates—2003 c 261: See note following RCW 82.68.030.
Contingency—2003 c 261 §§ 1-8: See note following RCW 82.68.030.
82.68.030
82.68.030 Sales and use tax deferral certificate.
(Contingent effective date.) (1) The department shall issue a
sales and use tax deferral certificate for state and local sales
and use taxes due under chapters 82.08, 82.12, and 82.14
RCW on each eligible investment project that is located in an
eligible area as defined in RCW 82.68.010, if the investment
project is undertaken for the purpose of manufacturing
biodiesel, biodiesel feedstock, or alcohol fuel.
(2) This section expires July 1, 2009. [2003 c 261 § 3.]
Effective dates—2003 c 261: "(1) Sections 9 through 15 of this act are
necessary for the immediate preservation of the public peace, health, or
safety, or support of state government and its existing public institutions, and
take effect July 1, 2003.
(2) Sections 1 through 8 of this act take effect July 1, 2004." [2003 c
261 § 13.]
Contingency—2003 c 261 §§ 1-8: "Sections 1 through 8 of this act are
null and void if the legislature passes and the governor signs any bill into law
before July 1, 2004, that extends the termination date in RCW 82.60.050."
[2003 c 261 § 14.]
82.68.040
82.68.040 Additional investment projects that qualify for sales and use tax deferral. (Contingent effective
date.) (1) For the purposes of this section:
(a) "Eligible area" means a designated community
empowerment zone approved under RCW 43.31C.020 or a
county containing a community empowerment zone.
(b) "Eligible investment project" means an investment
project undertaken for the purpose of manufacturing biodiesel, biodiesel feedstock, or alcohol fuel that is located in an
eligible area.
Sales and Use Tax Deferrals for the Manufacture of Wood Biomass Fuel
(c) "Qualified employment position" means a permanent
full-time employee employed in the eligible investment
project during the entire year.
(2) In addition to the provisions of RCW 82.68.030, the
department shall issue a sales and use tax deferral certificate
for state and local sales and use taxes due under chapters
82.08, 82.12, and 82.14 RCW, on each eligible investment
project that is located in an eligible area, if the applicant
establishes that at the time the project is operationally complete:
(a) The applicant will hire at least one qualified employment position for each seven hundred fifty thousand dollars
of investment on which a deferral is requested; and
(b) The positions will be filled by persons who at the
time of hire are residents of the community empowerment
zone. As used in this subsection, "resident" means the person
makes his or her home in the community empowerment zone.
A mailing address alone is insufficient to establish that a person is a resident for the purposes of this section. The persons
must be hired after the date the application is filed with the
department.
(3) All other provisions and eligibility requirements of
this chapter apply to applicants eligible under this section.
(4) The qualified employment position must be filled by
the end of the calendar year following the year in which the
project is certified as operationally complete. If a person
does not meet the requirements for qualified employment
positions by the end of the second calendar year following the
year in which the project is certified as operationally complete, all deferred taxes are immediately due. [2003 c 261 §
4.]
82.69.010
(3) Deferred taxes need not be repaid if the department
determines, in accordance with the provisions of subsection
(1) of this section, that the recipient has met the requirements
of this chapter for the seven calendar years following the certification by the department that the investment project has
been operationally completed. [2003 c 261 § 5.]
Effective dates—2003 c 261: See note following RCW 82.68.030.
Contingency—2003 c 261 §§ 1-8: See note following RCW 82.68.030.
82.68.060
82.68.060 Employment and wage certification by
employment security department. (Contingent effective
date.) The employment security department shall make, and
certify to the department of revenue, all determinations of
employment and wages as requested by the department under
this chapter. [2003 c 261 § 6.]
Effective dates—2003 c 261: See note following RCW 82.68.030.
Contingency—2003 c 261 §§ 1-8: See note following RCW 82.68.030.
82.68.070
82.68.070 Applicability of general administrative
provisions. (Contingent effective date.) Chapter 82.32
RCW applies to the administration of this chapter. [2003 c
261 § 7.]
Effective dates—2003 c 261: See note following RCW 82.68.030.
Contingency—2003 c 261 §§ 1-8: See note following RCW 82.68.030.
82.68.080
82.68.080 Confidentiality. (Contingent effective
date.) Applications, reports, and any other information
received by the department under this chapter shall not be
confidential and shall be subject to disclosure. [2003 c 261 §
8.]
Effective dates—2003 c 261: See note following RCW 82.68.030.
Effective dates—2003 c 261: See note following RCW 82.68.030.
Contingency—2003 c 261 §§ 1-8: See note following RCW 82.68.030.
Contingency—2003 c 261 §§ 1-8: See note following RCW 82.68.030.
Chapter 82.69 RCW
SALES AND USE TAX DEFERRALS FOR THE
MANUFACTURE OF WOOD BIOMASS FUEL
82.68.050
82.68.050 Yearly report. (Contingent effective date.)
(1) Each recipient of a deferral granted under this chapter
after June 30, 2003, shall submit a report to the department on
December 31st of the year in which the investment project is
certified by the department as having been operationally
completed, and on December 31st of each of the seven succeeding calendar years. The report shall contain information,
as required by the department, from which the department
may determine whether the recipient is meeting the requirements of this chapter. If the recipient fails to submit a report
or submits an inadequate report, the department may declare
the amount of deferred taxes outstanding to be immediately
assessed and payable.
(2) If, on the basis of a report under this section or other
information, the department finds that an investment project
is not eligible for tax deferral under this chapter, the amount
of deferred taxes outstanding for the project are immediately
due. For any taxes that are due, penalties and interest applicable to delinquent excise taxes shall be assessed and
imposed for delinquent payments under this chapter. The
debt for deferred taxes will not be extinguished by insolvency
or other failure of the recipient. Transfer of ownership does
not terminate the deferral. The deferral is transferred, subject
to the successor meeting the eligibility requirements of this
chapter, for the remaining periods of the deferral.
Chapter 82.69
Sections
82.69.010
82.69.020
82.69.030
82.69.040
82.69.050
82.69.060
82.69.070
82.69.080
Definitions. (Contingent effective date.)
Application for deferral of taxes. (Contingent effective date.)
Sales and use tax deferral certificate. (Contingent effective
date.)
Additional investment projects that qualify for sales and use
tax deferral. (Contingent effective date.)
Yearly report. (Contingent effective date.)
Employment and wage certification by employment security
department. (Contingent effective date.)
Applicability of general administrative provisions. (Contingent effective date.)
Confidentiality. (Contingent effective date.)
82.69.010
82.69.010 Definitions. (Contingent effective date.)
Unless the context clearly requires otherwise, the definitions
in this section apply throughout this chapter.
(1) "Applicant" means a person applying for a tax deferral under this chapter.
(2) "Department" means the department of revenue.
(3) "Eligible area" means a county with fewer than one
hundred persons per square mile as determined annually by
the office of financial management and published by the
department effective for the period July 1st through June
30th, or a county that has a population of less than two hundred twenty-five thousand as determined by the office of
[2003 RCW Supp—page 1105]
82.69.020
Title 82 RCW: Excise Taxes
financial management and has an area greater than two hundred twenty-five square miles.
(4)(a) "Eligible investment project" means an investment
project in an eligible area.
(b) The lessor or owner of a qualified building is not eligible for a deferral unless the underlying ownership of the
buildings, machinery, and equipment vests exclusively in the
same person, or unless the lessor by written contract agrees to
pass the economic benefit of the deferral to the lessee in the
form of reduced rent payments.
(c) "Eligible investment project" does not include any
portion of an investment project undertaken by a light and
power business as defined in RCW 82.16.010(5), other than
that portion of a cogeneration project that is used to generate
power for consumption within the manufacturing site of
which the cogeneration project is an integral part, or investment projects which have already received deferrals under
this chapter.
(5) "Investment project" means an investment in qualified buildings or qualified machinery and equipment, including labor and services rendered in the planning, installation,
and construction of the project.
(6) "Manufacturing" means the same as defined in RCW
82.04.120. "Manufacturing" also includes computer programming, the production of computer software, and other
computer-related services, and the activities performed by
research and development laboratories and commercial testing laboratories.
(7) "Person" has the meaning given in RCW 82.04.030.
(8) "Qualified buildings" means construction of new
structures, and expansion or renovation of existing structures
for the purpose of increasing floor space or production capacity used for manufacturing and research and development
activities, including plant offices and warehouses or other
facilities for the storage of raw material or finished goods if
such facilities are an essential or an integral part of a factory,
mill, plant, or laboratory used for manufacturing or research
and development. If a building is used partly for manufacturing or research and development and partly for other purposes, the applicable tax deferral shall be determined by
apportionment of the costs of construction under rules
adopted by the department.
(9) "Qualified machinery and equipment" means all new
industrial and research fixtures, equipment, and support facilities that are an integral and necessary part of a manufacturing or research and development operation. "Qualified
machinery and equipment" includes: Computers; software;
data processing equipment; laboratory equipment; manufacturing components such as belts, pulleys, shafts, and moving
parts; molds, tools, and dies; operating structures; and all
equipment used to control or operate the machinery.
(10) "Recipient" means a person receiving a tax deferral
under this chapter.
(11) "Research and development" means the development, refinement, testing, marketing, and commercialization
of a product, service, or process before commercial sales
have begun. As used in this subsection, "commercial sales"
excludes sales of prototypes or sales for market testing if the
total gross receipts from such sales of the product, service, or
process do not exceed one million dollars.
[2003 RCW Supp—page 1106]
(12) "Wood biomass fuel" means a pyrolytic liquid fuel
or synthesis gas-derived liquid fuel, used in internal combustion engines, and produced from wood, forest, or field residue, or dedicated energy crops that do not include wood
pieces that have been treated with chemical preservatives
such as creosote, pentachlorophenol, or copper-chromaarsenic. [2003 c 339 § 1.]
Effective dates—2003 c 339: See note following RCW 82.69.030.
Contingency—2003 c 339 §§ 1-8: See note following RCW 82.69.030.
82.69.020
82.69.020 Application for deferral of taxes. (Contingent effective date.) (1) Application for deferral of taxes
under this chapter must be made before initiation of the construction of the investment project or acquisition of equipment or machinery. The application shall be made to the
department in a form and manner prescribed by the department. The application shall contain information regarding
the location of the investment project, the applicant's average
employment in the state for the prior year, estimated or actual
new employment related to the project, estimated or actual
wages of employees related to the project, estimated or actual
costs, time schedules for completion and operation, and other
information required by the department.
(2) The department shall rule on the application within
sixty days. The department shall keep a running total of all
deferrals granted under this chapter during each fiscal biennium. [2003 c 339 § 2.]
Effective dates—2003 c 339: See note following RCW 82.69.030.
Contingency—2003 c 339 §§ 1-8: See note following RCW 82.69.030.
82.69.030
82.69.030 Sales and use tax deferral certificate.
(Contingent effective date.) (1) The department shall issue a
sales and use tax deferral certificate for state and local sales
and use taxes due under chapters 82.08, 82.12, and 82.14
RCW on each eligible investment project that is located in an
eligible area as defined in RCW 82.69.010, if the investment
project is undertaken for the purpose of manufacturing wood
biomass fuel.
(2) This section expires July 1, 2009. [2003 c 339 § 3.]
Effective dates—2003 c 339: "(1) Sections 9 through 15 of this act are
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect July 1, 2003.
(2) Sections 1 through 8 of this act take effect July 1, 2004." [2003 c
339 § 16.]
Contingency—2003 c 339 §§ 1-8: "Sections 1 through 8 of this act are
null and void if the legislature passes and the governor signs any bill into law
before July 1, 2004, that extends the expiration date in RCW 82.60.050."
[2003 c 339 § 17.]
82.69.040
82.69.040 Additional investment projects that qualify for sales and use tax deferral. (Contingent effective
date.) (1) For the purposes of this section:
(a) "Eligible area" means a designated community
empowerment zone approved under RCW 43.31C.020 or a
county containing a community empowerment zone.
(b) "Eligible investment project" means an investment
project undertaken for the purpose of manufacturing wood
biomass fuel that is located in an eligible area.
(c) "Qualified employment position" means a permanent
full-time employee employed in the eligible investment
project during the entire year.
Commute Trip Reduction Incentives
(2) In addition to the provisions of RCW 82.69.030, the
department shall issue a sales and use tax deferral certificate
for state and local sales and use taxes due under chapters
82.08, 82.12, and 82.14 RCW, on each eligible investment
project that is located in an eligible area, if the applicant
establishes that at the time the project is operationally complete:
(a) The applicant will hire at least one qualified employment position for each seven hundred fifty thousand dollars
of investment on which a deferral is requested; and
(b) The positions will be filled by persons who at the
time of hire are residents of the community empowerment
zone. As used in this subsection, "resident" means the person
makes his or her home in the community empowerment zone.
A mailing address alone is insufficient to establish that a person is a resident for the purposes of this section. The persons
must be hired after the date the application is filed with the
department.
(3) All other provisions and eligibility requirements of
this chapter apply to applicants eligible under this section.
(4) The qualified employment position must be filled by
the end of the calendar year following the year in which the
project is certified as operationally complete. If a person
does not meet the requirements for qualified employment
positions by the end of the second calendar year following the
year in which the project is certified as operationally complete, all deferred taxes are immediately due. [2003 c 339 §
4.]
Effective dates—2003 c 339: See note following RCW 82.69.030.
Contingency—2003 c 339 §§ 1-8: See note following RCW 82.69.030.
82.69.050
82.69.050 Yearly report. (Contingent effective date.)
(1) Each recipient of a deferral granted under this chapter
after June 30, 2003, shall submit a report to the department on
December 31st of the year in which the investment project is
certified by the department as having been operationally
completed, and on December 31st of each of the seven succeeding calendar years. The report shall contain information,
as required by the department, from which the department
may determine whether the recipient is meeting the requirements of this chapter. If the recipient fails to submit a report
or submits an inadequate report, the department may declare
the amount of deferred taxes outstanding to be immediately
assessed and payable.
(2) If, on the basis of a report under this section or other
information, the department finds that an investment project
is not eligible for tax deferral under this chapter, the amount
of deferred taxes outstanding for the project are immediately
due. For any taxes that are due, penalties and interest applicable to delinquent excise taxes shall be assessed and
imposed for delinquent payments under this chapter. The
debt for deferred taxes will not be extinguished by insolvency
or other failure of the recipient. Transfer of ownership does
not terminate the deferral. The deferral is transferred, subject
to the successor meeting the eligibility requirements of this
chapter, for the remaining periods of the deferral.
(3) Deferred taxes need not be repaid if the department
determines, in accordance with the provisions of subsection
(1) of this section, that the recipient has met the requirements
of this chapter for the seven calendar years following the cer-
82.70.010
tification by the department that the investment project has
been operationally completed. [2003 c 339 § 5.]
Effective dates—2003 c 339: See note following RCW 82.69.030.
Contingency—2003 c 339 §§ 1-8: See note following RCW 82.69.030.
82.69.060
82.69.060 Employment and wage certification by
employment security department. (Contingent effective
date.) The employment security department shall make, and
certify to the department of revenue, all determinations of
employment and wages as requested by the department under
this chapter. [2003 c 339 § 6.]
Effective dates—2003 c 339: See note following RCW 82.69.030.
Contingency—2003 c 339 §§ 1-8: See note following RCW 82.69.030.
82.69.070
82.69.070 Applicability of general administrative
provisions. (Contingent effective date.) Chapter 82.32
RCW applies to the administration of this chapter. [2003 c
339 § 7.]
Effective dates—2003 c 339: See note following RCW 82.69.030.
Contingency—2003 c 339 §§ 1-8: See note following RCW 82.69.030.
82.69.080
82.69.080 Confidentiality. (Contingent effective
date.) Applications, reports, and any other information
received by the department under this chapter shall not be
confidential and shall be subject to disclosure. [2003 c 339 §
8.]
Effective dates—2003 c 339: See note following RCW 82.69.030.
Contingency—2003 c 339 §§ 1-8: See note following RCW 82.69.030.
Chapter 82.70 RCW
COMMUTE TRIP REDUCTION INCENTIVES
Chapter 82.70
Sections
82.70.010
82.70.020
82.70.030
82.70.040
82.70.050
82.70.060
82.70.070
82.70.900
Definitions. (Expires July 1, 2013.)
Tax credit authorized. (Expires July 1, 2013.)
Application for tax credit. (Expires July 1, 2013.)
Tax credit limitations. (Expires July 1, 2013.)
Fund transfer. (Expires January 1, 2014.)
Commute trip reduction task force report. (Expires July 1,
2013.)
Administration. (Expires July 1, 2013.)
Expiration of chapter. (Expires July 1, 2013.)
82.70.010
82.70.010 Definitions. (Expires July 1, 2013.) The
definitions in this section apply throughout this chapter and
RCW 70.94.996 unless the context clearly requires otherwise.
(1) "Public agency" means any county, city, or other
local government agency or any state government agency,
board, or commission.
(2) "Public transportation" means the same as "public
transportation service" as defined in RCW 36.57A.010 and
includes passenger services of the Washington state ferries.
(3) "Nonmotorized commuting" means commuting to
and from the workplace by an employee by walking or running or by riding a bicycle or other device not powered by a
motor.
(4) "Ride sharing" means the same as "flexible commuter ride sharing" as defined in RCW 46.74.010, including
ride sharing on Washington state ferries.
(5) "Car sharing" means a membership program intended
to offer an alternative to car ownership under which persons
[2003 RCW Supp—page 1107]
82.70.020
Title 82 RCW: Excise Taxes
or entities that become members are permitted to use vehicles
from a fleet on an hourly basis.
(6) "Telework" means a program where work functions
that are normally performed at a traditional workplace are
instead performed by an employee at his or her home at least
one day a week for the purpose of reducing the number of
trips to the employee's workplace. [2003 c 364 § 1.]
Effective date—Contingency—Captions not law—2003 c 364: See
notes following RCW 82.70.020.
claimed were paid to or on behalf of employees for ride sharing, for using public transportation, for using car sharing, or
for using nonmotorized commuting and must be claimed by
the due date of the last tax return for the fiscal year in which
the payment is made.
(3) Any person who knowingly makes a false statement
of a material fact in the application for a credit under RCW
82.70.020 is guilty of a gross misdemeanor. [2003 c 364 § 3.]
Effective date—Contingency—Captions not law—2003 c 364: See
notes following RCW 82.70.020.
82.70.020
82.70.020 Tax credit authorized. (Expires July 1,
2013.) (1) Employers in this state who are taxable under
chapter 82.04 or 82.16 RCW and provide financial incentives
to their own or other employees for ride sharing, for using
public transportation, for using car sharing, or for using nonmotorized commuting before July 1, 2013, are allowed a
credit against taxes payable under chapters 82.04 and 82.16
RCW for amounts paid to or on behalf of employees for ride
sharing in vehicles carrying two or more persons, for using
public transportation, for using car sharing, or for using nonmotorized commuting, not to exceed sixty dollars per
employee per year.
(2) Property managers who are taxable under chapter
82.04 or 82.16 RCW and provide financial incentives to persons employed at a worksite in this state managed by the
property manager for ride sharing, for using public transportation, for using car sharing, or for using nonmotorized commuting before July 1, 2013, are allowed a credit against taxes
payable under chapters 82.04 and 82.16 RCW for amounts
paid to or on behalf of these persons for ride sharing in vehicles carrying two or more persons, for using public transportation, for using car sharing, or for using nonmotorized commuting, not to exceed sixty dollars per person per year.
(3) The credit under this section is equal to the amount
paid to or on behalf of each employee multiplied by fifty percent, but may not exceed sixty dollars per employee per year.
The credit may not exceed the amount of tax that would otherwise be due under chapters 82.04 and 82.16 RCW.
(4) A person may not receive credit under this section for
amounts paid to or on behalf of the same employee under
both chapters 82.04 and 82.16 RCW.
(5) A person may not take a credit under this section for
amounts claimed for credit by other persons. [2003 c 364 §
2.]
Effective date—Contingency—2003 c 364: "This act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
on July 1, 2003, but only if Engrossed Substitute House Bill No. 2231
becomes law by July 1, 2003. If Engrossed Substitute House Bill No. 2231
does not become law by July 1, 2003, this act is null and void." [2003 c 364
§ 13.] Engrossed Substitute House Bill No. 2231 was signed into law by the
governor on May 19, 2003.
Captions not law—2003 c 364: "Captions used in this act are not part
of the law." [2003 c 364 § 14.]
82.70.030
82.70.030 Application for tax credit. (Expires July 1,
2013.) (1) Application for tax credit under RCW 82.70.020
may only be made in the form and manner prescribed in rules
adopted by the department.
(2) The credit under this section must be taken or
deferred under RCW 82.70.040 against taxes due for the
same fiscal year in which the amounts for which credit is
[2003 RCW Supp—page 1108]
82.70.040
82.70.040 Tax credit limitations. (Expires July 1,
2013.) (1) The department shall keep a running total of all
credits accrued under RCW 82.70.020 during each fiscal
year. No person is eligible for tax credits under RCW
82.70.020 if the credits would cause the tabulation for the
total amount of credits taken in any fiscal year to exceed two
million two hundred fifty thousand dollars. This limitation
includes any credits carried forward under subsection (2)(b)
of this section from prior years.
(2)(a) No person is eligible for tax credits under RCW
82.70.020 in excess of the amount of tax that would otherwise be due under chapter 82.04 or 82.16 RCW.
(b) A person with taxes equal to or in excess of the credit
under RCW 82.70.020, and therefore not subject to the limitation in (a) of this subsection, may defer tax credits for a
period of not more than three years after the year in which the
credits accrue. A person deferring tax credits under this subsection (2)(b) must submit an application in the year in which
the tax credits will be applied. This application is subject to
eligibility under subsection (1) of this section for the fiscal
year in which the tax credits will be applied.
(3) No person is eligible for tax credits under RCW
82.70.020 in excess of two hundred thousand dollars in any
fiscal year. This limitation does not apply to credits deferred
in prior years under subsection (2)(b) of this section.
(4) No person is eligible for tax credits, including
deferred credits authorized under subsection (2)(b) of this
section, after June 30, 2013.
(5) Credits may not be carried forward or carried backward other than as authorized in subsection (2)(b) of this section.
(6) No person is eligible for tax credits under RCW
82.70.020 if the additional revenues for the multimodal transportation account created by Engrossed Substitute House Bill
No. 2231 are terminated. [2003 c 364 § 4.]
Effective date—Contingency—Captions not law—2003 c 364: See
notes following RCW 82.70.020.
82.70.050
82.70.050 Fund transfer. (Expires January 1, 2014.)
(1) The director shall on the 25th of February, May, August,
and November of each year advise the state treasurer of the
amount of credit taken under RCW 82.70.020 during the preceding calendar quarter ending on the last day of December,
March, June, and September, respectively.
(2) On the last day of March, June, September, and
December of each year, the state treasurer, based upon information provided by the department, shall deposit to the general fund a sum equal to the dollar amount of the credit provided under RCW 82.70.020 from the multimodal transportation account. [2003 c 364 § 5.]
Quality Maintenance Fee on Nursing Facility Operators
Effective date—Contingency—Captions not law—2003 c 364: See
notes following RCW 82.70.020.
82.70.060
82.70.060 Commute trip reduction task force report.
(Expires July 1, 2013.) The commute trip reduction task
force shall determine the effectiveness of the tax credit under
RCW 82.70.020, the grant program in RCW 70.94.996, and
the relative effectiveness of the tax credit and the grant program as part of its ongoing evaluation of the commute trip
reduction law and report to the legislative transportation
committee and to the fiscal committees of the house of representatives and the senate. The report must include information on the amount of tax credits claimed to date and recommendations on future funding between the tax credit program
and the grant program. The report must be incorporated into
the recommendations required in RCW 70.94.537(5). [2003
c 364 § 6.]
Effective date—Contingency—Captions not law—2003 c 364: See
notes following RCW 82.70.020.
82.70.070
82.70.070 Administration. (Expires July 1, 2013.)
Chapter 82.32 RCW applies to the administration of this
chapter. [2003 c 364 § 7.]
Effective date—Contingency—Captions not law—2003 c 364: See
notes following RCW 82.70.020.
82.70.900
82.70.900 Expiration of chapter. (Expires July 1,
2013.) This chapter expires July 1, 2013, except for RCW
82.70.050, which expires January 1, 2014. [2003 c 364 § 8.]
Effective date—Contingency—Captions not law—2003 c 364: See
notes following RCW 82.70.020.
Chapter 82.71 RCW
QUALITY MAINTENANCE FEE ON NURSING
FACILITY OPERATORS
Chapter 82.71
Sections
82.71.010
82.71.020
82.71.030
82.71.010
Definitions. (Contingent expiration date.)
Fee imposed. (Contingent expiration date.)
Administration of chapter. (Contingent expiration date.)
82.71.010 Definitions. (Contingent expiration date.)
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Department" means the department of revenue.
(2) "Gross income" means all revenue, without deduction, that is derived from the performance of nursing facility
services. "Gross income" does not include other operating
revenue or nonoperating revenue.
(3) "Other operating revenue" means income from nonpatient care services to patients, as well as sales and activities
to persons other than patients. It is derived in the course of
operating the facility, such as providing personal laundry service for patients, or from other sources such as meals provided to persons other than patients, personal telephones, gift
shops, and vending machine commissions.
(4) "Nonoperating revenue" means income from activities not relating directly to the day-to-day operations of an
organization. "Nonoperating revenue" includes such items as
gains on disposal of a facility's assets, dividends, and interest
from security investments, gifts, grants, and endowments.
82.71.030
(5) "Patient day" means a calendar day of care provided
to a nursing facility resident, excluding a medicare patient
day. Patient days include the day of admission and exclude
the day of discharge; except that, when admission and discharge occur on the same day, one day of care shall be
deemed to exist.
(6) "Medicare patient day" means a patient day for medicare beneficiaries on a medicare Part A stay and a patient day
for persons who have opted for managed care coverage using
their medicare benefit.
(7) "Nonexempt nursing facility" means a nursing facility that is not exempt from the quality maintenance fee under
RCW 74.46.091.
(8) "Nursing facility" has the same meaning as the term
is defined in RCW 18.51.010; it does not include a boarding
home as defined in RCW 18.20.020 or an adult family home
as defined in RCW 70.128.010.
(9) "Nursing facility operator" means a person who
engages in the business of operating a nursing facility or
facilities within this state.
(10) "Nursing facility services" means health-related services to individuals who do not require hospital care, but
whose mental or physical condition requires services that are
above the level of room and board and can be made available
only through institutional facilities. [2003 1st sp.s. c 16 § 1.]
Contingent expiration date—Severability—Effective date—2003
1st sp.s. c 16: See notes following RCW 82.71.020.
82.71.020
82.71.020 Fee imposed. (Contingent expiration date.)
(1) In addition to any other tax, a quality maintenance fee is
imposed on every operator of a nonexempt nursing facility in
this state. The quality maintenance fee shall be six dollars
and fifty cents per patient day.
(2) Each operator of a nonexempt nursing facility shall
file a return with the department on a monthly basis. The
return shall include the following:
(a) The number of patient days for nonexempt nursing
facilities operated by that person in that month; and
(b) Remittance of the nonexempt nursing facility operator's quality maintenance fee for that month. [2003 1st sp.s. c
16 § 2.]
Contingent expiration date—2003 1st sp.s. c 16: "(1) Sections 1
through 5 of this act shall expire on the effective date that federal medicaid
matching funds are substantially reduced or that a federal sanction is
imposed due to the quality maintenance fee under section 2 of this act, as
such date is certified by the secretary of social and health services.
(2) The expiration of sections 1 through 5 of this act shall not be construed as affecting any existing right acquired or liability or obligation
incurred under those sections or under any rule or order adopted under those
sections, nor as affecting any proceeding instituted under those sections."
[2003 1st sp.s. c 16 § 6.]
Severability—2003 1st sp.s. c 16: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2003 1st sp.s. c 16 § 7.]
Effective date—2003 1st sp.s. c 16: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect July
1, 2003." [2003 1st sp.s. c 16 § 9.]
82.71.030
82.71.030 Administration of chapter. (Contingent
expiration date.) All of chapter 82.32 RCW, except RCW
82.32.270, applies to the fee imposed by this chapter, in addi[2003 RCW Supp—page 1109]
Chapter 82.80
Title 82 RCW: Excise Taxes
tion to any other provisions of law for the payment and
enforcement of the fee imposed by this chapter. The department may adopt rules, in accordance with chapter 34.05
RCW, as necessary to provide for the effective administration
of this chapter. [2003 1st sp.s. c 16 § 3.]
Contingent expiration date—Severability—Effective date—2003
1st sp.s. c 16: See notes following RCW 82.71.020.
Chapter 82.80 RCW
LOCAL OPTION TRANSPORTATION TAXES
Chapter 82.80
Sections
82.80.010
82.80.020
82.80.020
82.80.110
82.80.120
82.80.130
Motor vehicle and special fuel tax.
Vehicle license fee—Exemptions—Limitations. (Effective if
Initiative Measure No. 776 is declared unconstitutional by
pending court action.)
Repealed. (Effective if Initiative Measure No. 776 is upheld by
pending court action.)
Motor vehicle and special fuel tax—Dedication by county to
regional transportation investment district plan.
Motor vehicle and special fuel tax—Regional transportation
investment district.
Passenger-only ferry service—Local option motor vehicle
excise tax authorized.
82.80.010
82.80.010 Motor vehicle and special fuel tax. (1) For
purposes of this section:
(a) "Distributor" means every person who imports,
refines, manufactures, produces, or compounds motor vehicle fuel and special fuel as defined in RCW 82.36.010 and
82.38.020, respectively, and sells or distributes the fuel into a
county;
(b) "Person" has the same meaning as in RCW
82.04.030.
(2) Subject to the conditions of this section, any county
may levy, by approval of its legislative body and a majority
of the registered voters of the county voting on the proposition at a general or special election, additional excise taxes
equal to ten percent of the statewide motor vehicle fuel tax
rate under RCW 82.36.025 on each gallon of motor vehicle
fuel as defined in RCW 82.36.010 and on each gallon of special fuel as defined in RCW 82.38.020 sold within the boundaries of the county. Vehicles paying an annual license fee
under RCW 82.38.075 are exempt from the county fuel
excise tax. An election held under this section must be held
not more than twelve months before the date on which the
proposed tax is to be levied. The ballot setting forth the proposition shall state the tax rate that is proposed. The county's
authority to levy additional excise taxes under this section
includes the incorporated and unincorporated areas of the
county. The additional excise taxes are subject to the same
exceptions and rights of refund as applicable to other motor
vehicle fuel and special fuel excise taxes levied under chapters 82.36 and 82.38 RCW. The proposed tax shall not be
levied less than one month from the date the election results
are certified by the county election officer. The commencement date for the levy of any tax under this section shall be
the first day of January, April, July, or October.
(3) The local option motor vehicle fuel tax on each gallon of motor vehicle fuel and on each gallon of special fuel is
imposed upon the distributor of the fuel.
(4) A taxable event for the purposes of this section
occurs upon the first distribution of the fuel within the bound[2003 RCW Supp—page 1110]
aries of a county to a retail outlet, bulk fuel user, or ultimate
user of the fuel.
(5) All administrative provisions in chapters 82.01,
82.03, and 82.32 RCW, insofar as they are applicable, apply
to local option fuel taxes imposed under this section.
(6) Before the effective date of the imposition of the fuel
taxes under this section, a county shall contract with the
department of revenue for the administration and collection
of the taxes. The contract must provide that a percentage
amount, not to exceed one percent of the taxes imposed under
this section, will be deposited into the local tax administration account created in the custody of the state treasurer. The
department of revenue may spend money from this account,
upon appropriation, for the administration of the local taxes
imposed under this section.
(7) The state treasurer shall distribute monthly to the
levying county and cities contained therein the proceeds of
the additional excise taxes collected under this section, after
the deductions for payments and expenditures as provided in
RCW 46.68.090(1) (a) and (b) and under the conditions and
limitations provided in RCW 82.80.080.
(8) The proceeds of the additional excise taxes levied
under this section shall be used strictly for transportation purposes in accordance with RCW 82.80.070.
(9) A county may not levy the tax under this section if
they are levying the tax in RCW 82.80.110 or if they are a
member of a regional transportation investment district levying the tax in RCW 82.80.120. [2003 c 350 § 1; 1998 c 176
§ 86; 1991 c 339 § 12; 1990 c 42 § 201.]
Rules—Findings—Effective date—1998 c 176: See RCW 82.36.800,
82.36.900, and 82.36.901.
82.80.020
82.80.020 Vehicle license fee—Exemptions—Limitations. (Effective if Initiative Measure No. 776 is declared unconstitutional by pending
court action.) (1) The legislative authority of a county, or subject to subsection (7) of this section, a qualifying city or town located in a county that has
not imposed a fifteen-dollar fee under this section, may fix and impose an
additional fee, not to exceed fifteen dollars per vehicle, for each vehicle that
is subject to license fees under RCW 46.16.0621 and for each vehicle that is
subject to RCW 46.16.070 with an unladen weight of six thousand pounds or
less, and that is determined by the department of licensing to be registered
within the boundaries of the county.
(2) The department of licensing shall administer and collect the fee.
The department shall deduct a percentage amount, as provided by contract,
not to exceed two percent of the taxes collected, for administration and collection expenses incurred by it. The remaining proceeds shall be remitted to
the custody of the state treasurer for monthly distribution under RCW
82.80.080.
(3) The proceeds of this fee shall be used strictly for transportation purposes in accordance with RCW 82.80.070.
(4) A county or qualifying city or town imposing this fee or initiating
an exemption process shall delay the effective date at least six months from
the date the ordinance is enacted to allow the department of licensing to
implement administration and collection of or exemption from the fee.
(5) The legislative authority of a county or qualifying city or town may
develop and initiate an exemption process of the fifteen dollar fee for the registered owners of vehicles residing within the boundaries of the county or
qualifying city or town: (a) Who are sixty-one years old or older at the time
payment of the fee is due and whose household income for the previous calendar year is less than an amount prescribed by the county or qualifying city
or town legislative authority; or (b) who have a physical disability.
(6) The legislative authority of a county or qualifying city or town shall
develop and initiate an exemption process of the fifteen-dollar fee for vehicles registered within the boundaries of the county that are licensed under
RCW 46.16.374.
(7) For purposes of this section, a "qualifying city or town" means a
city or town residing within a county having a population of greater than seventy-five thousand in which is located all or part of a national monument. A
Local Option Transportation Taxes
qualifying city or town may impose the fee authorized in subsection (1) of
this section subject to the following conditions and limitations:
(a) The city or town may impose the fee only if authorized to do so by
a majority of voters voting at a general or special election on a proposition
for that purpose. At a minimum, the ballot measure shall contain: (i) A
description of the transportation project proposed for funding, properly identified by mileposts or other designations that specify the project parameters;
(ii) the proposed number of months or years necessary to fund the city or
town's share of the project cost; and (iii) the amount of fee to be imposed for
the project.
(b) The city or town may not impose a fee that, if combined with the
county fee, exceeds fifteen dollars. If a county imposes or increases a fee
under this section that, if combined with the fee imposed by a city or town,
exceeds fifteen dollars, the city or town fee shall be reduced or eliminated as
needed so that in no city or town does the combined fee exceed fifteen dollars. All revenues from county-imposed fees shall be distributed as called for
in RCW 82.80.080.
(c) Any fee imposed by a city or town under this section shall expire at
the end of the term of months or years provided in the ballot measure, or
when the city or town's bonded indebtedness on the project is retired, whichever is sooner.
(8) The fee imposed under subsection (7) of this section shall apply
only to renewals and shall not apply to ownership transfer transactions.
[2001 c 64 § 15; 2000 c 103 § 20; 1998 c 281 § 1; 1996 c 139 § 4; 1993 c 60
§ 1; 1991 c 318 § 13; 1990 c 42 § 206.]
82.80.020
82.80.020 Repealed. (Effective if Initiative Measure No. 776 is
upheld by pending court action.) See Supplementary Table of Disposition
of Former RCW Sections, this volume.
Reviser's note: The constitutionality of Initiative Measure No. 776 is
being challenged in Pierce Co. v. State of Washington, King Co. Superior Ct.
No. 02-2-35125-5 SEA.
82.80.110
82.80.110 Motor vehicle and special fuel tax—Dedication by county to regional transportation investment
district plan. (1) For purposes of this section:
(a) "Distributor" means every person who imports,
refines, manufactures, produces, or compounds motor vehicle fuel and special fuel as defined in RCW 82.36.010 and
82.38.020, respectively, and sells or distributes the fuel into a
county;
(b) "Person" has the same meaning as in RCW
82.04.030.
(2) For purposes of dedication to a regional transportation investment district plan under chapter 36.120 RCW, subject to the conditions of this section, a county may levy additional excise taxes equal to ten percent of the statewide motor
vehicle fuel tax rate under RCW 82.36.025 on each gallon of
motor vehicle fuel as defined in RCW 82.36.010 and on each
gallon of special fuel as defined in RCW 82.38.020 sold
within the boundaries of the county. The additional excise
tax is subject to the approval of the county's legislative body
and a majority of the registered voters of the county voting on
the proposition at a general or special election. An election
held under this section must be held not more than twelve
months before the date on which the proposed tax is to be levied. The ballot setting forth the proposition must state that
the revenues from the tax will be used for a regional transportation investment district plan. The county's authority to levy
additional excise taxes under this section includes the incorporated and unincorporated areas of the county. Vehicles
paying an annual license fee under RCW 82.38.075 are
exempt from the county fuel excise tax. The additional
excise taxes are subject to the same exceptions and rights of
refund as applicable to other motor vehicle fuel and special
fuel excise taxes levied under chapters 82.36 and 82.38
82.80.120
RCW. The proposed tax may not be levied less than one
month from the date the election results are certified by the
county election officer. The commencement date for the levy
of any tax under this section will be the first day of January,
April, July, or October.
(3) The local option motor vehicle fuel tax on each gallon of motor vehicle fuel and on each gallon of special fuel is
imposed upon the distributor of the fuel.
(4) A taxable event for the purposes of this section
occurs upon the first distribution of the fuel within the boundaries of a county to a retail outlet, bulk fuel user, or ultimate
user of the fuel.
(5) All administrative provisions in chapters 82.01,
82.03, and 82.32 RCW, insofar as they are applicable, apply
to local option fuel taxes imposed under this section.
(6) Before the effective date of the imposition of the fuel
taxes under this section, a county shall contract with the
department of revenue for the administration and collection
of the taxes. The contract must provide that a percentage
amount, not to exceed one percent of the taxes imposed under
this section, will be deposited into the local tax administration account created in the custody of the state treasurer. The
department of revenue may spend money from this account,
upon appropriation, for the administration of the local taxes
imposed under this section.
(7) The state treasurer shall distribute monthly to the
county levying the tax as part of a regional transportation
investment plan, after the deductions for payments and
expenditures as provided in RCW 46.68.090(1) (a) and (b).
(8) The proceeds of the additional taxes levied by a
county in this section, to be used as a part of a regional transportation investment plan, must be used in accordance with
chapter 36.120 RCW, but only for those areas that are considered "highway purposes" as that term is construed in Article
II, section 40 of the state Constitution.
(9) A county may not levy the tax under this section if
they are a member of a regional transportation investment
district that is levying the tax in RCW 82.80.120 or the
county is levying the tax in RCW 82.80.010. [2003 c 350 §
2.]
82.80.120
82.80.120 Motor vehicle and special fuel tax—
Regional transportation investment district. (1) For purposes of this section:
(a) "Distributor" means every person who imports,
refines, manufactures, produces, or compounds motor vehicle fuel and special fuel as defined in RCW 82.36.010 and
82.38.020, respectively, and sells or distributes the fuel into a
county;
(b) "Person" has the same meaning as in RCW
82.04.030;
(c) "District" means a regional transportation investment
district under chapter 36.120 RCW.
(2) A regional transportation investment district under
chapter 36.120 RCW, subject to the conditions of this section, may levy additional excise taxes equal to ten percent of
the statewide motor vehicle fuel tax rate under RCW
82.36.025 on each gallon of motor vehicle fuel as defined in
RCW 82.36.010 and on each gallon of special fuel as defined
in RCW 82.38.020 sold within the boundaries of the district.
The additional excise tax is subject to the approval of a
[2003 RCW Supp—page 1111]
82.80.130
Title 84 RCW: Property Taxes
majority of the voters within the district boundaries. Vehicles paying an annual license fee under RCW 82.38.075 are
exempt from the district's fuel excise tax. The additional
excise taxes are subject to the same exceptions and rights of
refund as applicable to other motor vehicle fuel and special
fuel excise taxes levied under chapters 82.36 and 82.38
RCW. The proposed tax may not be levied less than one
month from the date the election results are certified. The
commencement date for the levy of any tax under this section
will be the first day of January, April, July, or October.
(3) The local option motor vehicle fuel tax on each gallon of motor vehicle fuel and on each gallon of special fuel is
imposed upon the distributor of the fuel.
(4) A taxable event for the purposes of this section
occurs upon the first distribution of the fuel within the boundaries of the district to a retail outlet, bulk fuel user, or ultimate
user of the fuel.
(5) All administrative provisions in chapters 82.01,
82.03, and 82.32 RCW, insofar as they are applicable, apply
to local option fuel taxes imposed under this section.
(6) Before the effective date of the imposition of the fuel
taxes under this section, a district shall contract with the
department of revenue for the administration and collection
of the taxes. The contract must provide that a percentage
amount, not to exceed one percent of the taxes imposed under
this section, will be deposited into the local tax administration account created in the custody of the state treasurer. The
department of revenue may spend money from this account,
upon appropriation, for the administration of the local taxes
imposed under this section.
(7) The state treasurer shall distribute monthly to the district levying the tax as part of the regional transportation
investment district plan, after the deductions for payments
and expenditures as provided in RCW 46.68.090(1) (a) and
(b).
(8) The proceeds of the additional taxes levied by a district in this section, to be used as a part of a regional transportation investment district plan, must be used in accordance
with chapter 36.120 RCW, but only for those areas that are
considered "highway purposes" as that term is construed in
Article II, section 40 of the state Constitution.
(9) A district may not levy the tax in this section if a
member county is levying the tax in RCW 82.80.010 or
82.80.110. [2003 c 350 § 3.]
sale by a licensed vehicle dealer. In a county imposing a
motor vehicle excise tax surcharge under RCW 81.100.060,
the maximum tax rate under this section must be reduced to a
rate equal to four-tenths of one percent on the value less the
equivalent motor vehicle excise tax rate of the surcharge
imposed under RCW 81.100.060. This rate does not apply to
vehicles licensed under RCW 46.16.070 with an unladen
weight more than six thousand pounds, or to vehicles
licensed under RCW 46.16.079, 46.16.085, or 46.16.090.
(2) The department of licensing shall administer and collect the tax. The department shall deduct a percentage
amount, as provided by contract, not to exceed two percent of
the taxes collected, for administration and collection
expenses incurred by it. The remaining proceeds must be
remitted to the custody of the state treasurer for monthly distribution to the public transportation benefit area.
(3) The public transportation benefit area imposing this
tax shall delay the effective date at least six months from the
date the fee is approved by the qualified voters of the authority area to allow the department of licensing to implement
administration and collection of the tax.
(4) Before an authority may impose a tax authorized
under this section, the authorization for imposition of the tax
must be approved by a majority of the qualified electors of
the authority area voting on that issue. [2003 c 83 § 206.]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
Title 84
Title 84
PROPERTY TAXES
Chapters
84.08 General powers and duties of department of revenue.
84.33 Timber and forest lands.
84.34 Open space, agricultural, timber lands—Current
use—Conservation futures.
84.36 Exemptions.
84.40 Listing of property.
84.52 Levy of taxes.
84.55 Limitations upon regular property taxes.
84.56 Collection of taxes.
84.64 Lien foreclosure.
84.69 Refunds.
82.80.130
82.80.130 Passenger-only ferry service—Local
option motor vehicle excise tax authorized. (1) Public
transportation benefit areas authorized to implement passenger-only ferry service under RCW 36.57A.200 whose boundaries (a) are on the Puget Sound, but (b) do not include an
area where a regional transit authority has been formed, may
submit an authorizing proposition to the voters and, if
approved, may levy and collect an excise tax, at a rate
approved by the voters, but not exceeding four-tenths of one
percent on the value of every motor vehicle owned by a resident of the taxing district, solely for the purpose of providing
passenger-only ferry service. The tax must be collected only
at the time of vehicle license renewal under chapter 46.16
RCW. The tax will be imposed on vehicles previously registered in another state or nation when they are initially registered in this state. The tax will not be imposed at the time of
[2003 RCW Supp—page 1112]
Chapter 84.08
Chapter 84.08 RCW
GENERAL POWERS AND DUTIES OF
DEPARTMENT OF REVENUE
Sections
84.08.050
84.08.050
Additional powers—Access to books and records—Hearings—Investigation of complaints. (Effective July 1, 2004.)
84.08.050 Additional powers—Access to books and
records—Hearings—Investigation of complaints. (Effective July 1, 2004.) (1) The department of revenue shall:
(a) Require individuals, partnerships, companies, associations and corporations to furnish information as to their capital, funded debts, investments, value of property, earnings,
taxes and all other facts called for on these subjects so that the
department may determine the taxable value of any property
Timber and Forest Lands
or any other fact it may consider necessary to carry out any
duties now or hereafter imposed upon it, or may ascertain the
relative burdens borne by all kinds and classes of property
within the state, and for these purposes their records, books,
accounts, papers and memoranda shall be subject to production and inspection, investigation and examination by the
department, or any employee thereof designated by the
department for such purpose, and any or all real and/or personal property in this state shall be subject to visitation,
investigation, examination and/or listing at any and all times
by the department or by any employee thereof designated by
the department.
(b) Summon witnesses to appear and testify on the subject of capital, funded debts, investments, value of property,
earnings, taxes, and all other facts called for on these subjects, or upon any matter deemed material to the proper
assessment of property, or to the investigation of the system
of taxation, or the expenditure of public funds for state,
county, district and municipal purposes: PROVIDED,
HOWEVER, No person shall be required to testify outside of
the county in which the taxpayer's residence, office or principal place of business, as the case may be, is located. Such
summons shall be served in like manner as a subpoena issued
out of the superior court and be served by the sheriff of the
proper county, and such service certified by him or her to the
department without compensation therefor. Persons appearing before the department in obedience to a summons shall in
the discretion of the department receive the same compensation as witnesses in the superior court.
(c) Thoroughly investigate all complaints which may be
made to it of illegal, unjust or excessive taxation, and shall
endeavor to ascertain to what extent and in what manner, if at
all, the present system is inequal or oppressive.
(2) Any member of the department or any employee
thereof designated for that purpose may administer oaths to
witnesses.
(3)(a) In case any witness shall fail to obey the summons
to appear, or refuse to testify, or shall fail or refuse to comply
with any of the provisions of subsection (1)(a) or (b) of this
section, such person, for each separate or repeated offense,
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than fifty dollars, nor more than five thousand dollars.
(b) Any person who shall testify falsely is guilty of perjury and shall be punished under chapter 9A.72 RCW. [2003
c 53 § 407; 1973 c 95 § 8; 1961 c 15 § 84.08.050. Prior: 1939
c 206 § 5, part; 1935 c 127 § 1, part; 1921 c 7 §§ 50, 53; 1907
c 220 § 1, part; 1905 c 115 § 2, part; RRS § 11091 (second),
part.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 84.33
Chapter 84.33 RCW
TIMBER AND FOREST LANDS
Sections
84.33.035
84.33.078
84.33.088
84.33.120
Definitions.
Sale of timber on nonfederally owned public land—Notice of
sale or prospectus to indicate tax treatment.
Reporting requirements on timber purchase. (Expires July 1,
2007.)
Repealed.
84.33.130
84.33.140
84.33.210
84.33.035
Forest land valuation—Application by owner that land be designated and valued as forest land—Hearing—Rules—
Approval, denial of application—Appeal.
Forest land valuation—Notation of forest land designation
upon assessment and tax rolls—Notice of continuance—
Removal of designation—Compensating tax.
Forest land valuation—Special benefit assessments.
84.33.035
84.33.035 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agricultural methods" means the cultivation of trees
that are grown on land prepared by intensive cultivation and
tilling, such as irrigating, plowing, or turning over the soil,
and on which all unwanted plant growth is controlled continuously for the exclusive purpose of raising trees such as
Christmas trees and short-rotation hardwoods.
(2) "Average rate of inflation" means the annual rate of
inflation as determined by the department averaged over the
period of time as provided in RCW 84.33.220 (1) and (2).
This rate shall be published in the state register by the department not later than January 1st of each year for use in that
assessment year.
(3) "Composite property tax rate" for a county means the
total amount of property taxes levied upon forest lands by all
taxing districts in the county other than the state, divided by
the total assessed value of all forest land in the county.
(4) "Forest land" is synonymous with "designated forest
land" and means any parcel of land that is twenty or more
acres or multiple parcels of land that are contiguous and total
twenty or more acres that is or are devoted primarily to growing and harvesting timber. Designated forest land means the
land only and does not include a residential homesite. The
term includes land used for incidental uses that are compatible with the growing and harvesting of timber but no more
than ten percent of the land may be used for such incidental
uses. It also includes the land on which appurtenances necessary for the production, preparation, or sale of the timber
products exist in conjunction with land producing these products.
(5) "Harvested" means the time when in the ordinary
course of business the quantity of timber by species is first
definitely determined. The amount harvested shall be determined by the Scribner Decimal C Scale or other prevalent
measuring practice adjusted to arrive at substantially equivalent measurements, as approved by the department.
(6) "Harvester" means every person who from the person's own land or from the land of another under a right or
license granted by lease or contract, either directly or by contracting with others for the necessary labor or mechanical services, fells, cuts, or takes timber for sale or for commercial or
industrial use. When the United States or any instrumentality
thereof, the state, including its departments and institutions
and political subdivisions, or any municipal corporation
therein so fells, cuts, or takes timber for sale or for commercial or industrial use, the harvester is the first person other
than the United States or any instrumentality thereof, the
state, including its departments and institutions and political
subdivisions, or any municipal corporation therein, who
acquires title to or a possessory interest in the timber. The
term "harvester" does not include persons performing under
contract the necessary labor or mechanical services for a harvester.
[2003 RCW Supp—page 1113]
84.33.035
Title 84 RCW: Property Taxes
(7) "Harvesting and marketing costs" means only those
costs directly associated with harvesting the timber from the
land and delivering it to the buyer and may include the costs
of disposing of logging residues. Any other costs that are not
directly and exclusively related to harvesting and marketing
of the timber, such as costs of permanent roads or costs of
reforesting the land following harvest, are not harvesting and
marketing costs.
(8) "Incidental use" means a use of designated forest
land that is compatible with its purpose for growing and harvesting timber. An incidental use may include a gravel pit, a
shed or land used to store machinery or equipment used in
conjunction with the timber enterprise, and any other use that
does not interfere with or indicate that the forest land is no
longer primarily being used to grow and harvest timber.
(9) "Local government" means any city, town, county,
water-sewer district, public utility district, port district, irrigation district, flood control district, or any other municipal
corporation, quasi-municipal corporation, or other political
subdivision authorized to levy special benefit assessments for
sanitary or storm sewerage systems, domestic water supply or
distribution systems, or road construction or improvement
purposes.
(10) "Local improvement district" means any local
improvement district, utility local improvement district, local
utility district, road improvement district, or any similar unit
created by a local government for the purpose of levying special benefit assessments against property specially benefited
by improvements relating to the districts.
(11) "Owner" means the party or parties having the fee
interest in land, except where land is subject to a real estate
contract "owner" means the contract vendee.
(12) "Primarily" or "primary use" means the existing use
of the land is so prevalent that when the characteristic use of
the land is evaluated any other use appears to be conflicting
or nonrelated.
(13) "Short-rotation hardwoods" means hardwood trees,
such as but not limited to hybrid cottonwoods, cultivated by
agricultural methods in growing cycles shorter than fifteen
years.
(14) "Small harvester" means every person who from his
or her own land or from the land of another under a right or
license granted by lease or contract, either directly or by contracting with others for the necessary labor or mechanical services, fells, cuts, or takes timber for sale or for commercial or
industrial use in an amount not exceeding two million board
feet in a calendar year. When the United States or any instrumentality thereof, the state, including its departments and
institutions and political subdivisions, or any municipal corporation therein so fells, cuts, or takes timber for sale or for
commercial or industrial use, not exceeding these amounts,
the small harvester is the first person other than the United
States or any instrumentality thereof, the state, including its
departments and institutions and political subdivisions, or
any municipal corporation therein, who acquires title to or a
possessory interest in the timber. Small harvester does not
include persons performing under contract the necessary
labor or mechanical services for a harvester, and it does not
include the harvesters of Christmas trees or short-rotation
hardwoods.
[2003 RCW Supp—page 1114]
(15) "Special benefit assessments" means special assessments levied or capable of being levied in any local improvement district or otherwise levied or capable of being levied by
a local government to pay for all or part of the costs of a local
improvement and which may be levied only for the special
benefits to be realized by property by reason of that local
improvement.
(16) "Stumpage value of timber" means the appropriate
stumpage value shown on tables prepared by the department
under RCW 84.33.091, provided that for timber harvested
from public land and sold under a competitive bidding process, stumpage value shall mean the actual amount paid to the
seller in cash or other consideration. The stumpage value of
timber from public land does not include harvesting and marketing costs if the timber from public land is harvested by, or
under contract for, the United States or any instrumentality of
the United States, the state, including its departments and
institutions and political subdivisions, or any municipal corporation therein. Whenever payment for the stumpage
includes considerations other than cash, the value shall be the
fair market value of the other consideration. If the other consideration is permanent roads, the value of the roads shall be
the appraised value as appraised by the seller.
(17) "Timber" means forest trees, standing or down, on
privately or publicly owned land, and except as provided in
RCW 84.33.170 includes Christmas trees and short-rotation
hardwoods.
(18) "Timber assessed value" for a county means a value,
calculated by the department before October 1st of each year,
equal to the total stumpage value of timber harvested from
privately owned land in the county during the most recent
four calendar quarters for which the information is available
multiplied by a ratio. The numerator of the ratio is the rate of
tax imposed by the county under RCW 84.33.051 for the year
of the calculation. The denominator of the ratio is the composite property tax rate for the county for taxes due in the
year of the calculation, expressed as a percentage of assessed
value.
(19) "Timber assessed value" for a taxing district means
the timber assessed value for the county multiplied by a ratio.
The numerator of the ratio is the total assessed value of forest
land in the taxing district. The denominator is the total
assessed value of forest land in the county. As used in this
section, "assessed value of forest land" means the assessed
value of forest land for taxes due in the year the timber
assessed value for the county is calculated.
(20) "Timber management plan" means a plan prepared
by a trained forester, or any other person with adequate
knowledge of timber management practices, concerning the
use of the land to grow and harvest timber. Such a plan
includes:
(a) A legal description of the forest land;
(b) A statement that the forest land is held in contiguous
ownership of twenty or more acres and is primarily devoted
to and used to grow and harvest timber;
(c) A brief description of the timber on the forest land or,
if the timber on the land has been harvested, the owner's plan
to restock the land with timber;
(d) A statement about whether the forest land is also used
to graze livestock;
Timber and Forest Lands
(e) A statement about whether the land has been used in
compliance with the restocking, forest management, fire protection, insect and disease control, and forest debris provisions of Title 76 RCW; and
(f) If the land has been recently harvested or supports a
growth of brush and noncommercial type timber, a description of the owner's plan to restock the forest land within three
years. [2003 c 313 § 12. Prior: 2001 c 249 § 1; 2001 c 97 §
1; 1995 c 165 § 1; 1986 c 315 § 1; 1984 c 204 § 1.]
Findings—Severability—2003 c 313: See notes following RCW
79.15.500.
Application—1995 c 165: "This act applies to taxes levied in 1995 for
collection in 1996 and thereafter." [1995 c 165 § 3.]
Savings—1984 c 204: "This act shall not be construed as affecting any
existing right acquired or liability or obligation incurred under the sections
amended or repealed in this act or under any rule, regulation, or order
adopted under those sections, nor as affecting any proceeding instituted
under those sections." [1984 c 204 § 48.]
Effective date—1984 c 204: "This act shall take effect July 1, 1984."
[1984 c 204 § 49.]
84.33.078
84.33.078 Sale of timber on nonfederally owned public land—Notice of sale or prospectus to indicate tax
treatment. When any timber standing on public land, other
than federally owned land, is sold separate from the land, the
department of natural resources or other governmental unit,
as appropriate, shall state in its notice of the sale or prospectus that timber sold separate from the land is subject to property tax and that the amount of the tax paid may be used as a
credit against any tax imposed with respect to business of
harvesting timber from publicly owned land under RCW
84.33.041. If the timber from public land is harvested by the
state, its departments and institutions and political subdivisions, or any municipal corporation therein, the governmental
unit, or governmental units, that harvest or market the timber
must provide the harvester purchasing the timber with its harvesting and marketing costs as defined in RCW 84.33.035(7).
[2003 c 313 § 11; 1986 c 65 § 1; 1984 c 204 § 22; 1983 1st
ex.s. c 62 § 9.]
Findings—Severability—2003 c 313: See notes following RCW
79.15.500.
Savings—Effective date—1984 c 204: See notes following RCW
84.33.035.
Short title—Intent—Effective dates—Applicability—1983 1st ex.s.
c 62: See notes following RCW 84.36.477.
84.33.088
84.33.088 Reporting requirements on timber purchase. (Expires July 1, 2007.) (1) A purchaser of privately
owned timber in an amount in excess of two hundred thousand board feet in a voluntary sale made in the ordinary
course of business shall, on or before the last day of the
month following the purchase of the timber, report the particulars of the purchase to the department.
(2) The report required in subsection (1) of this section
shall contain all information relevant to the value of the timber purchased including, but not limited to, the following, as
applicable: Purchaser's name and address, sale date, termination date in sale agreement, total sale price, total acreage
involved in the sale, net volume of timber purchased, legal
description of the area involved in the sale, road construction
or improvements required or completed, timber cruise data,
and timber thinning data. A report may be submitted in any
84.33.130
reasonable form or, at the purchaser's option, by submitting
relevant excerpts of the timber sales contract. A purchaser
may comply by submitting the information in the following
form:
Purchaser's name:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Purchaser's address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sale date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Termination date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Total sale price: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Total acreage involved: . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Net volume of timber purchased:. . . . . . . . . . . . . . . . . . . . . .
Legal description of sale area: . . . . . . . . . . . . . . . . . . . . . . . .
Property improvements: . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Timber cruise data:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Timber thinning data:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A purchaser of privately owned timber involved in a
purchase described in subsection (1) of this section who fails
to report a purchase as required may be liable for a penalty of
two hundred fifty dollars for each failure to report, as determined by the department.
(4) This section expires July 1, 2007. [2003 c 315 § 1;
2001 c 320 § 16.]
Effective date—2001 c 320: See note following RCW 11.02.005.
84.33.120
84.33.120 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
84.33.130
84.33.130 Forest land valuation—Application by
owner that land be designated and valued as forest land—
Hearing—Rules—Approval, denial of application—
Appeal. (1) Notwithstanding any other provision of law,
lands that were assessed as classified forest land before July
22, 2001, shall be designated forest land for the purposes of
this chapter. The owners of previously classified forest land
shall not be required to apply for designation under this chapter. As of July 22, 2001, the land and timber on such land
shall be assessed and taxed in accordance with the provisions
of this chapter.
(2) An owner of land desiring that it be designated as forest land and valued under RCW 84.33.140 as of January 1st
of any year shall submit an application to the assessor of the
county in which the land is located before January 1st of that
year. The application shall be accompanied by a reasonable
processing fee when the county legislative authority has
established the requirement for such a fee.
(3) No application of designation is required when publicly owned forest land is exchanged for privately owned forest land designated under this chapter. The land exchanged
and received by an owner subject to ad valorem taxation shall
be automatically granted designation under this chapter if the
following conditions are met:
(a) The land will be used to grow and harvest timber; and
(b) The owner of the land submits a document to the
assessor's office that explains the details of the forest land
exchange within sixty days of the closing date of the
exchange. However, if the owner fails to submit information
regarding the exchange by the end of this sixty-day period,
the owner must file an application for designation as forest
[2003 RCW Supp—page 1115]
84.33.130
Title 84 RCW: Property Taxes
land under this chapter and the regular application process
will be followed.
(4) The application shall be made upon forms prepared
by the department and supplied by the assessor, and shall
include the following:
(a) A legal description of, or assessor's parcel numbers
for, all land the applicant desires to be designated as forest
land;
(b) The date or dates of acquisition of the land;
(c) A brief description of the timber on the land, or if the
timber has been harvested, the owner's plan for restocking;
(d) A copy of the timber management plan, if one exists,
for the land prepared by a trained forester or any other person
with adequate knowledge of timber management practices;
(e) If a timber management plan exists, an explanation of
the nature and extent to which the management plan has been
implemented;
(f) Whether the land is used for grazing;
(g) Whether the land has been subdivided or a plat has
been filed with respect to the land;
(h) Whether the land and the applicant are in compliance
with the restocking, forest management, fire protection,
insect and disease control, and forest debris provisions of
Title 76 RCW or any applicable rules under Title 76 RCW;
(i) Whether the land is subject to forest fire protection
assessments under RCW 76.04.610;
(j) Whether the land is subject to a lease, option, or other
right that permits it to be used for any purpose other than
growing and harvesting timber;
(k) A summary of the past experience and activity of the
applicant in growing and harvesting timber;
(l) A summary of current and continuing activity of the
applicant in growing and harvesting timber;
(m) A statement that the applicant is aware of the potential tax liability involved when the land ceases to be designated as forest land;
(n) An affirmation that the statements contained in the
application are true and that the land described in the application meets the definition of forest land in RCW 84.33.035;
and
(o) A description and/or drawing showing what areas of
land for which designation is sought are used for incidental
uses compatible with the definition of forest land in RCW
84.33.035.
(5) The assessor shall afford the applicant an opportunity
to be heard if the applicant so requests.
(6) The assessor shall act upon the application with due
regard to all relevant evidence and without any one or more
items of evidence necessarily being determinative, except
that the application may be denied for one of the following
reasons, without regard to other items:
(a) The land does not contain a "merchantable stand of
timber" as defined in chapter 76.09 RCW and applicable
rules. This reason shall not alone be sufficient to deny the
application (i) if the land has been recently harvested or supports a growth of brush or noncommercial type timber, and
the application includes a plan for restocking within three
years or a longer period necessitated by unavailability of seed
or seedlings, or (ii) if only isolated areas within the land do
not meet the minimum standards due to rock outcroppings,
swamps, unproductive soil or other natural conditions;
[2003 RCW Supp—page 1116]
(b) The applicant, with respect to the land, has failed to
comply with a final administrative or judicial order with
respect to a violation of the restocking, forest management,
fire protection, insect and disease control, and forest debris
provisions of Title 76 RCW or any applicable rules under
Title 76 RCW; or
(c) The land abuts a body of salt water and lies between
the line of ordinary high tide and a line paralleling the ordinary high tide line and two hundred feet horizontally landward from the high tide line. However, if the assessor determines that a higher and better use exists for the land but this
use would not be permitted or economically feasible by virtue of any federal, state, or local law or regulation, the land
shall be assessed and valued under RCW 84.33.140 without
being designated as forest land.
(7) The application shall be deemed to have been
approved unless, prior to May 1st of the year after the application was mailed or delivered to the assessor, the assessor
notifies the applicant in writing of the extent to which the
application is denied.
(8) An owner who receives notice that his or her application has been denied, in whole or in part, may appeal the
denial to the county board of equalization in accordance with
the provisions of RCW 84.40.038. [2003 c 170 § 4. Prior:
2001 c 249 § 2; 2001 c 185 § 4; 1994 c 301 § 32; 1986 c 100
§ 57; 1981 c 148 § 8; 1974 ex.s. c 187 § 6; 1971 ex.s. c 294 §
13.]
Purpose—Intent—2003 c 170: "During the regular session of the 2001
legislature, RCW 84.33.120 was amended by section 3, chapter 185 and by
section 1, chapter 305, and repealed by section 16, chapter 249, each without
reference to the other. The purpose of sections 4 through 7 of this act is to
resolve any uncertainty about the status of RCW 84.33.120 caused by the
enactment of three changes involving RCW 84.33.120 during the 2001 regular legislative session.
(1) Chapter 249, Laws of 2001 both repealed RCW 84.33.120 and
incorporated pertinent and vital parts of RCW 84.33.120 into RCW
84.33.140. The technical amendments made to RCW 84.33.120 by section
3, chapter 185, Laws of 2001 were also made to RCW 84.33.140 by section
5, chapter 185, Laws of 2001. The amendments made to RCW 84.33.120 by
section 1, chapter 305, Laws of 2001 were also made to RCW 84.33.140 by
section 2, chapter 305, Laws of 2001. Therefore, RCW 84.33.140 as
amended during the 2001 regular legislative session embodies the pertinent
and vital parts of RCW 84.33.120 and the 2001 amendments to RCW
84.33.120.
(2) The legislature intends to confirm the repeal of RCW 84.33.120,
including the 2001 regular legislative session amendments to that section, as
of the effective date of chapters 185, 249, and 305, Laws of 2001." [2003 c
170 § 1.]
Purpose—2003 c 170 § 4: "During the regular session of the 2001 legislature, RCW 84.33.130 was amended by section 4, chapter 185 and by section 2, chapter 249, each without reference to the other. The purpose of section 4 of this act is to reenact and amend RCW 84.33.130 so that it reflects
all amendments made by the legislature." [2003 c 170 § 2.]
Application—2001 c 185 §§ 1-12: See note following RCW
84.14.110.
Purpose—1981 c 148: "(1) One of the purposes of this act is to establish the values for ad valorem tax purposes of bare forest land which is primarily devoted to and used for growing and harvesting timber without consideration of other potential uses of the land and to provide a procedure for
adjusting the values in future years to reflect economic changes which may
affect the value established in this act.
(2) Chapter 294, Laws of 1971 ex. sess., as originally enacted, required
the department of revenue annually to analyze forest land transactions to
ascertain the market value of bare forest land purchased and used exclusively
for growing and harvesting timber. Most transactions involving forest land
include mature and immature timber with no segregation by the parties
between the amounts paid for timber and bare land. The examination of
these transactions by the department to ascertain the prices being paid for
Timber and Forest Lands
only the bare land has proven to be very difficult, time consuming, and subject to recurring legal challenge. Samples are small in relation to the total
acreage of forest land involved and the administrative time and costs
required for the annual analyses are excessive in relation to the changes from
year to year which have been observed in the value of bare forest land. This
act eliminates most of these administrative costs by establishing the current
bare forest land values and by providing a procedure for periodic adjustment
of the values which does not require continuing and costly analysis of the
numerous forest land transactions throughout the state." [1981 c 148 § 11.]
Severability—1981 c 148: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 148 § 15.]
5
6
Effective dates—1981 c 148: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect immediately [May 14, 1981], except for section 13 of this act which shall take effect
September 1, 1981." [1981 c 148 § 16.]
7
Severability—1974 ex.s. c 187: "If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1974 ex.s. c 187 § 20.]
8
84.33.140
84.33.140 Forest land valuation—Notation of forest
land designation upon assessment and tax rolls—Notice
of continuance—Removal of designation—Compensating
tax. (1) When land has been designated as forest land under
RCW 84.33.130, a notation of the designation shall be made
each year upon the assessment and tax rolls. A copy of the
notice of approval together with the legal description or
assessor's parcel numbers for the land shall, at the expense of
the applicant, be filed by the assessor in the same manner as
deeds are recorded.
(2) In preparing the assessment roll as of January 1,
2002, for taxes payable in 2003 and each January 1st thereafter, the assessor shall list each parcel of designated forest land
at a value with respect to the grade and class provided in this
subsection and adjusted as provided in subsection (3) of this
section. The assessor shall compute the assessed value of the
land using the same assessment ratio applied generally in
computing the assessed value of other property in the county.
Values for the several grades of bare forest land shall be as
follows:
LAND
GRADE
1
2
3
4
OPERABILITY
CLASS
1
2
3
4
1
2
3
4
1
2
3
4
1
2
3
VALUES
PER ACRE
$234
229
217
157
198
190
183
132
154
149
148
113
117
114
113
84.33.140
4
1
2
3
4
1
2
3
4
1
2
3
4
86
85
78
77
52
43
39
39
37
21
21
20
20
1
(3) On or before December 31, 2001, the department
shall adjust by rule under chapter 34.05 RCW, the forest land
values contained in subsection (2) of this section in accordance with this subsection, and shall certify the adjusted values to the assessor who will use these values in preparing the
assessment roll as of January 1, 2002. For the adjustment to
be made on or before December 31, 2001, for use in the 2002
assessment year, the department shall:
(a) Divide the aggregate value of all timber harvested
within the state between July 1, 1996, and June 30, 2001, by
the aggregate harvest volume for the same period, as determined from the harvester excise tax returns filed with the
department under RCW 84.33.074; and
(b) Divide the aggregate value of all timber harvested
within the state between July 1, 1995, and June 30, 2000, by
the aggregate harvest volume for the same period, as determined from the harvester excise tax returns filed with the
department under RCW 84.33.074; and
(c) Adjust the forest land values contained in subsection
(2) of this section by a percentage equal to one-half of the
percentage change in the average values of harvested timber
reflected by comparing the resultant values calculated under
(a) and (b) of this subsection.
(4) For the adjustments to be made on or before December 31, 2002, and each succeeding year thereafter, the same
procedure described in subsection (3) of this section shall be
followed using harvester excise tax returns filed under RCW
84.33.074. However, this adjustment shall be made to the
prior year's adjusted value, and the five-year periods for calculating average harvested timber values shall be successively one year more recent.
(5) Land graded, assessed, and valued as forest land shall
continue to be so graded, assessed, and valued until removal
of designation by the assessor upon the occurrence of any of
the following:
(a) Receipt of notice from the owner to remove the designation;
(b) Sale or transfer to an ownership making the land
exempt from ad valorem taxation;
(c) Sale or transfer of all or a portion of the land to a new
owner, unless the new owner has signed a notice of forest
land designation continuance, except transfer to an owner
who is an heir or devisee of a deceased owner, shall not, by
[2003 RCW Supp—page 1117]
84.33.140
Title 84 RCW: Property Taxes
itself, result in removal of designation. The signed notice of
continuance shall be attached to the real estate excise tax affidavit provided for in RCW 82.45.150. The notice of continuance shall be on a form prepared by the department. If the
notice of continuance is not signed by the new owner and
attached to the real estate excise tax affidavit, all compensating taxes calculated under subsection (11) of this section
shall become due and payable by the seller or transferor at
time of sale. The auditor shall not accept an instrument of
conveyance regarding designated forest land for filing or
recording unless the new owner has signed the notice of continuance or the compensating tax has been paid, as evidenced
by the real estate excise tax stamp affixed thereto by the treasurer. The seller, transferor, or new owner may appeal the
new assessed valuation calculated under subsection (11) of
this section to the county board of equalization in accordance
with the provisions of RCW 84.40.038. Jurisdiction is
hereby conferred on the county board of equalization to hear
these appeals;
(d) Determination by the assessor, after giving the owner
written notice and an opportunity to be heard, that:
(i) The land is no longer primarily devoted to and used
for growing and harvesting timber. However, land shall not
be removed from designation if a governmental agency, organization, or other recipient identified in subsection (13) or
(14) of this section as exempt from the payment of compensating tax has manifested its intent in writing or by other official action to acquire a property interest in the designated forest land by means of a transaction that qualifies for an exemption under subsection (13) or (14) of this section. The
governmental agency, organization, or recipient shall annually provide the assessor of the county in which the land is
located reasonable evidence in writing of the intent to acquire
the designated land as long as the intent continues or within
sixty days of a request by the assessor. The assessor may not
request this evidence more than once in a calendar year;
(ii) The owner has failed to comply with a final administrative or judicial order with respect to a violation of the
restocking, forest management, fire protection, insect and
disease control, and forest debris provisions of Title 76 RCW
or any applicable rules under Title 76 RCW; or
(iii) Restocking has not occurred to the extent or within
the time specified in the application for designation of such
land.
(6) Land shall not be removed from designation if there
is a governmental restriction that prohibits, in whole or in
part, the owner from harvesting timber from the owner's designated forest land. If only a portion of the parcel is impacted
by governmental restrictions of this nature, the restrictions
cannot be used as a basis to remove the remainder of the forest land from designation under this chapter. For the purposes of this section, "governmental restrictions" includes:
(a) Any law, regulation, rule, ordinance, program, or other
action adopted or taken by a federal, state, county, city, or
other governmental entity; or (b) the land's zoning or its presence within an urban growth area designated under RCW
36.70A.110.
(7) The assessor shall have the option of requiring an
owner of forest land to file a timber management plan with
the assessor upon the occurrence of one of the following:
[2003 RCW Supp—page 1118]
(a) An application for designation as forest land is submitted; or
(b) Designated forest land is sold or transferred and a
notice of continuance, described in subsection (5)(c) of this
section, is signed.
(8) If land is removed from designation because of any
of the circumstances listed in subsection (5)(a) through (c) of
this section, the removal shall apply only to the land affected.
If land is removed from designation because of subsection
(5)(d) of this section, the removal shall apply only to the
actual area of land that is no longer primarily devoted to the
growing and harvesting of timber, without regard to any other
land that may have been included in the application and
approved for designation, as long as the remaining designated
forest land meets the definition of forest land contained in
RCW 84.33.035.
(9) Within thirty days after the removal of designation as
forest land, the assessor shall notify the owner in writing, setting forth the reasons for the removal. The seller, transferor,
or owner may appeal the removal to the county board of
equalization in accordance with the provisions of RCW
84.40.038.
(10) Unless the removal is reversed on appeal a copy of
the notice of removal with a notation of the action, if any,
upon appeal, together with the legal description or assessor's
parcel numbers for the land removed from designation shall,
at the expense of the applicant, be filed by the assessor in the
same manner as deeds are recorded and a notation of removal
from designation shall immediately be made upon the assessment and tax rolls. The assessor shall revalue the land to be
removed with reference to its true and fair value as of January
1st of the year of removal from designation. Both the
assessed value before and after the removal of designation
shall be listed. Taxes based on the value of the land as forest
land shall be assessed and payable up until the date of
removal and taxes based on the true and fair value of the land
shall be assessed and payable from the date of removal from
designation.
(11) Except as provided in subsection (5)(c), (13), or
(14) of this section, a compensating tax shall be imposed on
land removed from designation as forest land. The compensating tax shall be due and payable to the treasurer thirty days
after the owner is notified of the amount of this tax. As soon
as possible after the land is removed from designation, the
assessor shall compute the amount of compensating tax and
mail a notice to the owner of the amount of compensating tax
owed and the date on which payment of this tax is due. The
amount of compensating tax shall be equal to the difference
between the amount of tax last levied on the land as designated forest land and an amount equal to the new assessed
value of the land multiplied by the dollar rate of the last levy
extended against the land, multiplied by a number, in no
event greater than nine, equal to the number of years for
which the land was designated as forest land, plus compensating taxes on the land at forest land values up until the date
of removal and the prorated taxes on the land at true and fair
value from the date of removal to the end of the current tax
year.
(12) Compensating tax, together with applicable interest
thereon, shall become a lien on the land which shall attach at
the time the land is removed from designation as forest land
Timber and Forest Lands
and shall have priority to and shall be fully paid and satisfied
before any recognizance, mortgage, judgment, debt, obligation, or responsibility to or with which the land may become
charged or liable. The lien may be foreclosed upon expiration of the same period after delinquency and in the same
manner provided by law for foreclosure of liens for delinquent real property taxes as provided in RCW 84.64.050.
Any compensating tax unpaid on its due date shall thereupon
become delinquent. From the date of delinquency until paid,
interest shall be charged at the same rate applied by law to
delinquent ad valorem property taxes.
(13) The compensating tax specified in subsection (11)
of this section shall not be imposed if the removal of designation under subsection (5) of this section resulted solely from:
(a) Transfer to a government entity in exchange for other
forest land located within the state of Washington;
(b) A taking through the exercise of the power of eminent domain, or sale or transfer to an entity having the power
of eminent domain in anticipation of the exercise of such
power;
(c) A donation of fee title, development rights, or the
right to harvest timber, to a government agency or organization qualified under RCW 84.34.210 and 64.04.130 for the
purposes enumerated in those sections, or the sale or transfer
of fee title to a governmental entity or a nonprofit nature conservancy corporation, as defined in RCW 64.04.130, exclusively for the protection and conservation of lands recommended for state natural area preserve purposes by the natural
heritage council and natural heritage plan as defined in chapter 79.70 RCW. At such time as the land is not used for the
purposes enumerated, the compensating tax specified in subsection (11) of this section shall be imposed upon the current
owner;
(d) The sale or transfer of fee title to the parks and recreation commission for park and recreation purposes;
(e) Official action by an agency of the state of Washington or by the county or city within which the land is located
that disallows the present use of the land;
(f) The creation, sale, or transfer of forestry riparian
easements under RCW 76.13.120;
(g) The creation, sale, or transfer of a fee interest or a
conservation easement for the riparian open space program
under RCW 76.09.040;
(h) The sale or transfer of land within two years after the
death of the owner of at least a fifty percent interest in the
land if the land has been assessed and valued as classified forest land, designated as forest land under this chapter, or classified under chapter 84.34 RCW continuously since 1993.
The date of death shown on a death certificate is the date used
for the purposes of this subsection (13)(h); or
(i) The sale or transfer of land after the death of the
owner of at least a fifty percent interest in the land if the land
has been assessed and valued as classified forest land, designated as forest land under this chapter, or classified under
chapter 84.34 RCW continuously since 1993 and the sale or
transfer takes place after July 22, 2001, and on or before July
22, 2003, and the death of the owner occurred after January 1,
1991. The date of death shown on a death certificate is the
date used for the purposes of this subsection (13)(i).
(14) In a county with a population of more than one million inhabitants, the compensating tax specified in subsection
84.33.210
(11) of this section shall not be imposed if the removal of designation as forest land under subsection (5) of this section
resulted solely from:
(a) An action described in subsection (13) of this section;
or
(b) A transfer of a property interest to a government
entity, or to a nonprofit historic preservation corporation or
nonprofit nature conservancy corporation, as defined in
RCW 64.04.130, to protect or enhance public resources, or to
preserve, maintain, improve, restore, limit the future use of,
or otherwise to conserve for public use or enjoyment, the
property interest being transferred. At such time as the property interest is not used for the purposes enumerated, the
compensating tax shall be imposed upon the current owner.
[2003 c 170 § 5. Prior: 2001 c 305 § 2; 2001 c 249 § 3; 2001
c 185 § 5; 1999 sp.s. c 4 § 703; 1999 c 233 § 21; 1997 c 299
§ 2; 1995 c 330 § 2; 1992 c 69 § 2; 1986 c 238 § 2; 1981 c 148
§ 9; 1980 c 134 § 3; 1974 ex.s. c 187 § 7; 1973 1st ex.s. c 195
§ 93; 1972 ex.s. c 148 § 6; 1971 ex.s. c 294 § 14.]
Purpose—Intent—2003 c 170: See note following RCW 84.33.130.
Application—2001 c 185 §§ 1-12: See note following RCW
84.14.110.
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
Effective date—1999 c 233: See note following RCW 4.28.320.
Effective date—1997 c 299: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 9, 1997]." [1997 c 299 § 4.]
Effective date—1995 c 330: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 11, 1995]." [1995 c 330 § 3.]
Effective date—1992 c 69: See RCW 84.34.923.
Purpose—Severability—Effective dates—1981 c 148: See notes following RCW 84.33.130.
Severability—1974 ex.s. c 187: See note following RCW 84.33.130.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
84.33.210
84.33.210 Forest land valuation—Special benefit
assessments. (1) Any land that is designated as forest land
under this chapter at the earlier of the times the legislative
authority of a local government adopts a resolution, ordinance, or legislative act (a) to create a local improvement district, in which the land is included or would have been
included but for the designation, or (b) to approve or confirm
a final special benefit assessment roll relating to a sanitary or
storm sewerage system, domestic water supply or distribution system, or road construction or improvement, which roll
would have included the land but for the designation, shall be
exempt from special benefit assessments, charges in lieu of
assessment, or rates and charges for storm water control facilities under RCW 36.89.080 for such purposes as long as that
land remains designated as forest land, except as otherwise
provided in RCW 84.33.250.
(2) Whenever a local government creates a local
improvement district, the levying, collection, and enforcement of assessments shall be in the manner and subject to the
same procedures and limitations as are provided under the
law concerning the initiation and formation of local improvement districts for the particular local government. Notice of
[2003 RCW Supp—page 1119]
Chapter 84.34
Title 84 RCW: Property Taxes
the creation of a local improvement district that includes designated forest land shall be filed with the assessor and the legislative authority of the county in which the land is located.
The assessor, upon receiving notice of the creation of a local
improvement district, shall send a notice to the owners of the
designated forest lands listed on the tax rolls of the applicable
treasurer of:
(a) The creation of the local improvement district;
(b) The exemption of that land from special benefit
assessments;
(c) The fact that the designated forest land may become
subject to the special benefit assessments if the owner waives
the exemption by filing a notarized document with the governing body of the local government creating the local
improvement district before the confirmation of the final special benefit assessment roll; and
(d) The potential liability, pursuant to RCW 84.33.220, if
the exemption is not waived and the land is subsequently
removed from designated forest land status.
(3) When a local government approves and confirms a
special benefit assessment roll, from which designated forest
land has been exempted under this section, it shall file a
notice of this action with the assessor and the legislative
authority of the county in which the land is located and with
the treasurer of that local government. The notice shall
describe the action taken, the type of improvement involved,
the land exempted, and the amount of the special benefit
assessment that would have been levied against the land if it
had not been exempted. The filing of the notice with the
assessor and the treasurer of that local government shall constitute constructive notice to a purchaser or encumbrancer of
the affected land, and every person whose conveyance or
encumbrance is subsequently executed or subsequently
recorded, that the exempt land is subject to the charges provided in RCW 84.33.220 and 84.33.230, if the land is
removed from its designation as forest land.
(4) The owner of the land exempted from special benefit
assessments under this section may waive that exemption by
filing a notarized document to that effect with the legislative
authority of the local government upon receiving notice from
said local government concerning the assessment roll hearing
and before the local government confirms the final special
benefit assessment roll. A copy of that waiver shall be filed
by the local government with the assessor, but the failure to
file this copy shall not affect the waiver.
(5) Except to the extent provided in RCW 84.33.250, the
local government shall have no duty to furnish service from
the improvement financed by the special benefit assessment
to the exempted land. [2003 c 394 § 7; 2001 c 249 § 6; 1992
c 52 § 7.]
Chapter 84.34 RCW
OPEN SPACE, AGRICULTURAL, TIMBER LANDS—
CURRENT USE—CONSERVATION FUTURES
Chapter 84.34
Sections
84.34.108
Removal of classification—Factors—Notice of continuance—
Additional tax—Lien—Delinquencies—Exemptions.
84.34.108
84.34.108 Removal of classification—Factors—
Notice of continuance—Additional tax—Lien—Delin[2003 RCW Supp—page 1120]
quencies—Exemptions. (1) When land has once been classified under this chapter, a notation of the classification shall
be made each year upon the assessment and tax rolls and the
land shall be valued pursuant to RCW 84.34.060 or
84.34.065 until removal of all or a portion of the classification by the assessor upon occurrence of any of the following:
(a) Receipt of notice from the owner to remove all or a
portion of the classification;
(b) Sale or transfer to an ownership, except a transfer that
resulted from a default in loan payments made to or secured
by a governmental agency that intends to or is required by
law or regulation to resell the property for the same use as
before, making all or a portion of the land exempt from ad
valorem taxation;
(c) Sale or transfer of all or a portion of the land to a new
owner, unless the new owner has signed a notice of classification continuance, except transfer to an owner who is an heir
or devisee of a deceased owner shall not, by itself, result in
removal of classification. The notice of continuance shall be
on a form prepared by the department. If the notice of continuance is not signed by the new owner and attached to the real
estate excise tax affidavit, all additional taxes calculated pursuant to subsection (4) of this section shall become due and
payable by the seller or transferor at time of sale. The auditor
shall not accept an instrument of conveyance regarding classified land for filing or recording unless the new owner has
signed the notice of continuance or the additional tax has
been paid, as evidenced by the real estate excise tax stamp
affixed thereto by the treasurer. The seller, transferor, or new
owner may appeal the new assessed valuation calculated
under subsection (4) of this section to the county board of
equalization in accordance with the provisions of RCW
84.40.038. Jurisdiction is hereby conferred on the county
board of equalization to hear these appeals;
(d) Determination by the assessor, after giving the owner
written notice and an opportunity to be heard, that all or a
portion of the land no longer meets the criteria for classification under this chapter. The criteria for classification pursuant to this chapter continue to apply after classification has
been granted.
The granting authority, upon request of an assessor, shall
provide reasonable assistance to the assessor in making a
determination whether the land continues to meet the qualifications of RCW 84.34.020 (1) or (3). The assistance shall be
provided within thirty days of receipt of the request.
(2) Land may not be removed from classification
because of:
(a) The creation, sale, or transfer of forestry riparian
easements under RCW 76.13.120; or
(b) The creation, sale, or transfer of a fee interest or a
conservation easement for the riparian open space program
under RCW 76.09.040.
(3) Within thirty days after such removal of all or a portion of the land from current use classification, the assessor
shall notify the owner in writing, setting forth the reasons for
the removal. The seller, transferor, or owner may appeal the
removal to the county board of equalization in accordance
with the provisions of RCW 84.40.038.
(4) Unless the removal is reversed on appeal, the assessor shall revalue the affected land with reference to its true
and fair value on January 1st of the year of removal from
Exemptions
classification. Both the assessed valuation before and after
the removal of classification shall be listed and taxes shall be
allocated according to that part of the year to which each
assessed valuation applies. Except as provided in subsection
(6) of this section, an additional tax, applicable interest, and
penalty shall be imposed which shall be due and payable to
the treasurer thirty days after the owner is notified of the
amount of the additional tax. As soon as possible, the assessor shall compute the amount of additional tax, applicable
interest, and penalty and the treasurer shall mail notice to the
owner of the amount thereof and the date on which payment
is due. The amount of the additional tax, applicable interest,
and penalty shall be determined as follows:
(a) The amount of additional tax shall be equal to the difference between the property tax paid as "open space land",
"farm and agricultural land", or "timber land" and the amount
of property tax otherwise due and payable for the seven years
last past had the land not been so classified;
(b) The amount of applicable interest shall be equal to
the interest upon the amounts of the additional tax paid at the
same statutory rate charged on delinquent property taxes
from the dates on which the additional tax could have been
paid without penalty if the land had been assessed at a value
without regard to this chapter;
(c) The amount of the penalty shall be as provided in
RCW 84.34.080. The penalty shall not be imposed if the
removal satisfies the conditions of RCW 84.34.070.
(5) Additional tax, applicable interest, and penalty, shall
become a lien on the land which shall attach at the time the
land is removed from classification under this chapter and
shall have priority to and shall be fully paid and satisfied
before any recognizance, mortgage, judgment, debt, obligation or responsibility to or with which the land may become
charged or liable. This lien may be foreclosed upon expiration of the same period after delinquency and in the same
manner provided by law for foreclosure of liens for delinquent real property taxes as provided in RCW 84.64.050 now
or as hereafter amended. Any additional tax unpaid on its due
date shall thereupon become delinquent. From the date of
delinquency until paid, interest shall be charged at the same
rate applied by law to delinquent ad valorem property taxes.
(6) The additional tax, applicable interest, and penalty
specified in subsection (4) of this section shall not be
imposed if the removal of classification pursuant to subsection (1) of this section resulted solely from:
(a) Transfer to a government entity in exchange for other
land located within the state of Washington;
(b)(i) A taking through the exercise of the power of eminent domain, or (ii) sale or transfer to an entity having the
power of eminent domain in anticipation of the exercise of
such power, said entity having manifested its intent in writing
or by other official action;
(c) A natural disaster such as a flood, windstorm, earthquake, or other such calamity rather than by virtue of the act
of the landowner changing the use of the property;
(d) Official action by an agency of the state of Washington or by the county or city within which the land is located
which disallows the present use of the land;
(e) Transfer of land to a church when the land would
qualify for exemption pursuant to RCW 84.36.020;
Chapter 84.36
(f) Acquisition of property interests by state agencies or
agencies or organizations qualified under RCW 84.34.210
and 64.04.130 for the purposes enumerated in those sections.
At such time as these property interests are not used for the
purposes enumerated in RCW 84.34.210 and 64.04.130 the
additional tax specified in subsection (4) of this section shall
be imposed;
(g) Removal of land classified as farm and agricultural
land under RCW 84.34.020(2)(e);
(h) Removal of land from classification after enactment
of a statutory exemption that qualifies the land for exemption
and receipt of notice from the owner to remove the land from
classification;
(i) The creation, sale, or transfer of forestry riparian
easements under RCW 76.13.120;
(j) The creation, sale, or transfer of a fee interest or a
conservation easement for the riparian open space program
under RCW 76.09.040;
(k) The sale or transfer of land within two years after the
death of the owner of at least a fifty percent interest in the
land if the land has been assessed and valued as classified forest land, designated as forest land under chapter 84.33 RCW,
or classified under this chapter continuously since 1993. The
date of death shown on a death certificate is the date used for
the purposes of this subsection (6)(k); or
(l) The sale or transfer of land after the death of the
owner of at least a fifty percent interest in the land if the land
has been assessed and valued as classified forest land, designated as forest land under chapter 84.33 RCW, or classified
under this chapter continuously since 1993 and the sale or
transfer takes place after July 22, 2001, and on or before July
22, 2003, and the death of the owner occurred after January 1,
1991. The date of death shown on a death certificate is the
date used for the purpose of this subsection (6)(l). [2003 c
170 § 6. Prior: 2001 c 305 § 3; 2001 c 249 § 14; 2001 c 185
§ 7; prior: 1999 sp.s. c 4 § 706; 1999 c 233 § 22; 1999 c 139
§ 2; 1992 c 69 § 12; 1989 c 378 § 35; 1985 c 319 § 1; 1983 c
41 § 1; 1980 c 134 § 5; 1973 1st ex.s. c 212 § 12.]
Purpose—2003 c 170 § 6: "During the regular session of the 2001 legislature, RCW 84.34.108 was amended by section 7, chapter 185, by section
14, chapter 249, and by section 3, chapter 305, each without reference to the
other. The purpose of section 6 of this act is to reenact and amend RCW
84.34.108 so that it reflects all amendments made by the legislature and to
clarify any misunderstanding as to how the exemption contained in chapter
305, Laws of 2001 is to be applied." [2003 c 170 § 3.]
Purpose—Intent—2003 c 170: See note following RCW 84.33.130.
Application—2001 c 185 §§ 1-12: See note following RCW
84.14.110.
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
Effective date—1999 c 233: See note following RCW 4.28.320.
Chapter 84.36
Chapter 84.36 RCW
EXEMPTIONS
Sections
84.36.060
84.36.310
Art, scientific and historical collections and property used to
maintain, etc., such collections—Property of associations
engaged in production and performance of musical, dance,
artistic, etc., works—Fire engines, implements, and buildings of cities, towns, or fire companies—Humane societies.
Stocks of merchandise, goods, wares or material—Aircraft
parts, etc.—Filing requirements.
[2003 RCW Supp—page 1121]
84.36.060
84.36.387
84.36.630
84.36.635
84.36.640
84.36.645
84.36.650
84.36.655
84.36.805
84.36.810
Title 84 RCW: Property Taxes
Residences—Claimants—Penalty for falsification—Reduction by remainderman. (Effective July 1, 2004.)
Farming machinery and equipment.
Property used for the manufacture of alcohol fuel or biodiesel
fuel.
Property used for the manufacture of wood biomass fuel.
Semiconductor materials. (Contingent effective date; contingent expiration date.)
Property used by certain nonprofits to solicit or collect money
for artists.
Property related to the manufacture of superefficient airplanes.
(Contingent effective date; expires July 1, 2024.)
Conditions for obtaining exemptions by nonprofit organizations, associations, or corporations.
Cessation of use under which exemption granted—Collection
of taxes.
84.36.060
84.36.060 Art, scientific and historical collections
and property used to maintain, etc., such collections—
Property of associations engaged in production and performance of musical, dance, artistic, etc., works—Fire
engines, implements, and buildings of cities, towns, or fire
companies—Humane societies. (1) The following property
shall be exempt from taxation:
(a) All art, scientific, or historical collections of associations maintaining and exhibiting such collections for the benefit of the general public and not for profit, together with all
real and personal property of such associations used exclusively for the safekeeping, maintaining and exhibiting of such
collections;
(b) All the real and personal property owned by or leased
to associations engaged in the production and performance of
musical, dance, artistic, dramatic, or literary works for the
benefit of the general public and not for profit, which real and
personal property is used exclusively for this production or
performance;
(c) All fire engines and other implements used for the
extinguishment of fire, and the buildings used exclusively for
their safekeeping, and for meetings of fire companies, as long
as the property belongs to any city or town or to a fire company; and
(d) All property owned by humane societies in this state
in actual use by the societies.
(2) To receive an exemption under subsection (1)(a) or
(b) of this section:
(a) An organization must be organized and operated
exclusively for artistic, scientific, historical, literary, musical,
dance, dramatic, or educational purposes and receive a substantial part of its support (exclusive of income received in
the exercise or performance by such organization of its purpose or function) from the United States or any state or any
political subdivision thereof or from direct or indirect contributions from the general public.
(b) If the property is not currently being used for an
exempt purpose but will be used for an exempt purpose
within a reasonable period of time, the nonprofit organization, association, or corporation claiming the exemption must
submit proof that a reasonably specific and active program is
being carried out to construct, remodel, or otherwise enable
the property to be used for an exempt purpose. The property
does not qualify for an exemption during this interim period
if the property is used by, loaned to, or rented to a for-profit
organization or business enterprise. Proof of a specific and
active program to build or remodel the property so it may be
used for an exempt purpose may include, but is not limited to:
[2003 RCW Supp—page 1122]
(i) Affirmative action by the board of directors, trustees,
or governing body of the nonprofit organization, association,
or corporation toward an active program of construction or
remodeling;
(ii) Itemized reasons for the proposed construction or
remodeling;
(iii) Clearly established plans for financing the construction or remodeling; or
(iv) Building permits.
(3) The use of property exempt under subsection (1)(a)
or (b) of this section by entities not eligible for a property tax
exemption under this chapter, except as provided in this section, nullifies the exemption otherwise available for the property for the assessment year. The exemption is not nullified
if:
(a) The property is used by entities not eligible for a
property tax exemption under this chapter for periods of not
more than twenty-five days in the calendar year;
(b) The property is not used for pecuniary gain or to promote business activities for more than seven of the twentyfive days in the calendar year;
(c) The property is used for artistic, scientific, or historic
purposes, for the production and performance of musical,
dance, artistic, dramatic, or literary works, or for community
gatherings or assembly, or meetings; and
(d) The amount of any rent or donations is reasonable
and does not exceed maintenance and operation expenses
created by the user. [2003 c 121 § 1; 1995 c 306 § 1; 1981 c
141 § 1; 1973 2nd ex.s. c 40 § 5; 1961 c 15 § 84.36.060.
Prior: 1955 c 196 § 8; prior: 1939 c 206 § 8, part; 1933 ex.s.
c 19 § 1, part; 1933 c 115 § 1, part; 1929 c 126 § 1, part; 1925
ex.s. c 130 § 7, part; 1915 c 131 § 1, part; 1903 c 178 § 1, part;
1901 c 176 § 1, part; 1899 c 141 § 2, part; 1897 c 71 §§ 1, 5,
part; 1895 c 176 § 2, part; 1893 c 124 §§ 1, 5, part; 1891 c 140
§§ 1, 5, part; 1890 p 532 §§ 1, 5, part; 1886 p 47 § 1, part;
Code 1881 § 2829, part; 1871 p 37 § 4, part; 1869 p 176 § 4,
part; 1867 p 61 § 2, part; 1854 p 331 § 2, part; RRS § 11111,
part. Formerly RCW 84.40.010.]
Applicability—1995 c 306: "The [This] act is effective for taxes levied
for collection in 1995 and thereafter." [1995 c 306 § 2.]
Effective date—1995 c 306: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 9, 1995]." [1995 c 306 § 3.]
Applicability, construction—1981 c 141: "This act shall apply to
taxes payable in 1982 and in subsequent years and shall be strictly construed." [1981 c 141 § 6.]
84.36.310
84.36.310 Stocks of merchandise, goods, wares or
material—Aircraft parts, etc.—Filing requirements. Any
person claiming the exemption provided for in RCW
84.36.300 shall file such claim with his or her listing of personal property as provided by RCW 84.40.040. The claim
shall be in the form prescribed by the department of revenue,
and shall require such information as the department deems
necessary to substantiate the claim. [2003 c 302 § 6; 1969
ex.s. c 124 § 2.]
Effective date—Savings—1969 ex.s. c 124: See note following RCW
84.36.300.
84.36.387
84.36.387 Residences—Claimants—Penalty for falsification—Reduction by remainderman. (Effective July 1,
Exemptions
2004.) (1) All claims for exemption shall be made and signed
by the person entitled to the exemption, by his or her attorney
in fact or in the event the residence of such person is under
mortgage or purchase contract requiring accumulation of
reserves out of which the holder of the mortgage or contract
is required to pay real estate taxes, by such holder or by the
owner, either before two witnesses or the county assessor or
his or her deputy in the county where the real property is
located: PROVIDED, That if a claim for exemption is made
by a person living in a cooperative housing association, corporation, or partnership, such claim shall be made and signed
by the person entitled to the exemption and by the authorized
agent of such cooperative.
(2) If the taxpayer is unable to submit his or her own
claim, the claim shall be submitted by a duly authorized agent
or by a guardian or other person charged with the care of the
person or property of such taxpayer.
(3) All claims for exemption and renewal applications
shall be accompanied by such documented verification of
income as shall be prescribed by rule adopted by the department of revenue.
(4) Any person signing a false claim with the intent to
defraud or evade the payment of any tax is guilty of perjury
under chapter 9A.72 RCW.
(5) The tax liability of a cooperative housing association,
corporation, or partnership shall be reduced by the amount of
tax exemption to which a claimant residing therein is entitled
and such cooperative shall reduce any amount owed by the
claimant to the cooperative by such exact amount of tax
exemption or, if no amount be owed, the cooperative shall
make payment to the claimant of such exact amount of
exemption.
(6) A remainderman or other person who would have
otherwise paid the tax on real property that is the subject of an
exemption granted under RCW 84.36.381 for an estate for
life shall reduce the amount which would have been payable
by the life tenant to the remainderman or other person to the
extent of the exemption. If no amount is owed or separately
stated as an obligation between these persons, the remainderman or other person shall make payment to the life tenant in
the exact amount of the exemption. [2003 c 53 § 408; 1992 c
206 § 14; 1980 c 185 § 6; 1975 1st ex.s. c 291 § 16; 1974 ex.s.
c 182 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1992 c 206: See note following RCW 82.04.170.
Effective dates—Severability—1975 1st ex.s. c 291: See notes following RCW 82.04.050.
84.36.640
upon forms as prescribed and furnished by the department of
revenue. [2003 c 302 § 7; 2001 2nd sp.s. c 24 § 1.]
Application—2001 2nd sp.s. c 24: "This act applies to taxes levied for
collection in 2003 and every year thereafter." [2001 2nd sp.s. c 24 § 3.]
84.36.635
84.36.635 Property used for the manufacture of alcohol fuel or biodiesel fuel. (1) For the purposes of this section:
(a) "Alcohol fuel" means any alcohol made from a product other than petroleum or natural gas, which is used alone
or in combination with gasoline or other petroleum products
for use as a fuel for motor vehicles, farm implements, and
machines or implements of husbandry.
(b) "Biodiesel feedstock" means oil that is produced
from an agricultural crop for the sole purpose of ultimately
producing biodiesel fuel.
(c) "Biodiesel fuel" means a mono alkyl ester of long
chain fatty acids derived from vegetable oils or animal fats
for use in compression-ignition engines and that meets the
requirements of the American society of testing and materials
specification D 6751 in effect as of January 1, 2003.
(2)(a) All buildings, machinery, equipment, and other
personal property which is used primarily for the manufacturing of alcohol fuel, biodiesel fuel, or biodiesel feedstock, the
land upon which this property is located, and land that is reasonably necessary in the manufacturing of alcohol fuel,
biodiesel fuel, or biodiesel feedstock, but not land necessary
for growing of crops, which together comprise a new manufacturing facility or an addition to an existing manufacturing
facility, are exempt from property taxation for the six assessment years following the date on which the facility or the
addition to the existing facility becomes operational.
(b) For manufacturing facilities which produce products
in addition to alcohol fuel, biodiesel fuel, or biodiesel feedstock, the amount of the property tax exemption shall be
based upon the annual percentage of the total value of all
products manufactured that is the value of the alcohol fuel,
biodiesel fuel, and biodiesel feedstock manufactured.
(3) Claims for exemptions authorized by this section
shall be filed with the county assessor on forms prescribed by
the department of revenue and furnished by the assessor.
Once filed, the exemption is valid for six years and shall not
be renewed. The assessor shall verify and approve claims as
the assessor determines to be justified and in accordance with
this section. No claims may be filed after December 31,
2009.
The department of revenue may promulgate such rules,
pursuant to chapter 34.05 RCW, as necessary to properly
administer this section. [2003 c 261 § 9.]
84.36.630
84.36.630 Farming machinery and equipment. (1)
All machinery and equipment owned by a farmer that is personal property is exempt from property taxes levied for any
state purpose if it is used exclusively in growing and producing agricultural products during the calendar year for which
the claim for exemption is made.
(2) "Farmer" has the same meaning as defined in RCW
82.04.213.
(3) A claim for exemption under this section shall be
filed with the county assessor together with the statement
required under RCW 84.40.190, for exemption from taxes
payable the following year. The claim shall be made solely
Application—2003 c 261 § 9: "Section 9 of this act applies to taxes
levied for collection in 2004 and thereafter." [2003 c 261 § 12.]
Effective dates—2003 c 261: See note following RCW 82.68.030.
84.36.640
84.36.640 Property used for the manufacture of
wood biomass fuel. (1) For the purposes of this section,
"wood biomass fuel" means a pyrolytic liquid fuel or synthesis gas-derived liquid fuel, used in internal combustion
engines, and produced from wood, forest, or field residue, or
dedicated energy crops that do not include wood pieces that
have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chroma-arsenic.
[2003 RCW Supp—page 1123]
84.36.645
Title 84 RCW: Property Taxes
(2)(a) All buildings, machinery, equipment, and other
personal property which is used primarily for the manufacturing of wood biomass fuel, the land upon which this property
is located, and land that is reasonably necessary in the manufacturing of wood biomass fuel, but not land necessary for
growing of crops, which together comprise a new manufacturing facility or an addition to an existing manufacturing
facility, are exempt from property taxation for the six assessment years following the date on which the facility or the
addition to the existing facility becomes operational.
(b) For manufacturing facilities which produce products
in addition to wood biomass fuel, the amount of the property
tax exemption shall be based upon the annual percentage of
the total value of all products manufactured that is the value
of the wood biomass fuel manufactured.
(3) Claims for exemptions authorized by this section
shall be filed with the county assessor on forms prescribed by
the department of revenue and furnished by the assessor.
Once filed, the exemption is valid for six years and shall not
be renewed. The assessor shall verify and approve claims as
the assessor determines to be justified and in accordance with
this section. No claims may be filed after December 31,
2009.
The department of revenue may promulgate such rules,
pursuant to chapter 34.05 RCW, as necessary to properly
administer this section. [2003 c 339 § 9.]
Application—2003 c 339 § 9: "Section 9 of this act applies to taxes
levied for collection in 2004 and thereafter." [2003 c 339 § 15.]
Effective dates—2003 c 339: See note following RCW 82.69.030.
84.36.645
84.36.645 Semiconductor materials. (Contingent
effective date; contingent expiration date.) (1) Machinery
and equipment exempt under RCW 82.08.02565 or
82.12.02565 used in manufacturing semiconductor materials
at a building exempt from sales and use tax and in compliance with the employment requirement under RCW
82.08.965 and 82.12.965 are tax exempt from taxation.
"Semiconductor materials" has the same meaning as provided in RCW 82.04.240(2).
(2) A person seeking this exemption must make application to the county assessor, on forms prescribed by the
department.
(3) A person receiving an exemption under this section
must report in the manner prescribed in RCW 82.32.535.
(4) This section is effective for taxes levied for collection
one year after *the effective date of this act and thereafter.
(5) This section expires December 31st of the year
occurring twelve years after *the effective date of this act, for
taxes levied for collection in the following year. [2003 c 149
§ 10.]
*Contingent effective date—Findings—Intent—2003 c 149: See
notes following RCW 82.04.426.
84.36.650
84.36.650 Property used by certain nonprofits to
solicit or collect money for artists. The real and personal
property owned or used by a nonprofit organization is exempt
from taxation if the property is used for solicitation or collection of gifts, donations, or grants for the support of individual
artists and the organization meets all of the following conditions:
[2003 RCW Supp—page 1124]
(1) The organization is organized and conducted for nonsectarian purposes.
(2) The organization is qualified for exemption under
section 501(c)(3) of the federal internal revenue code.
(3) The organization is governed by a volunteer board of
directors of at least eight members.
(4) If the property is leased, the benefit of the exemption
inures to the user.
(5) The gifts, donations, and grants are used by the organization for grants, fellowships, information services, and
educational resources in support of individual artists engaged
in the production or performance of musical, dance, artistic,
dramatic, or literary works. [2003 c 344 § 1.]
Application—2003 c 344: "This act applies to taxes levied for collection in 2004 and thereafter." [2003 c 344 § 3.]
84.36.655
84.36.655 Property related to the manufacture of
superefficient airplanes. (Contingent effective date;
expires July 1, 2024.) (1) Effective January 1, 2005, all
buildings, machinery, equipment, and other personal property of a lessee of a port district eligible under RCW
82.08.980 and 82.12.980, used exclusively in manufacturing
superefficient airplanes, are exempt from property taxation.
A person taking the credit under RCW 82.04.4463 is not eligible for the exemption under this section. For the purposes
of this section, "superefficient airplane" and "component"
have the meanings given in RCW 82.32.550.
(2) In addition to all other requirements under this title, a
person taking the exemption under this section must report as
required under RCW 82.32.545.
(3) Claims for exemption authorized by this section shall
be filed with the county assessor on forms prescribed by the
department and furnished by the assessor. The assessor shall
verify and approve claims as the assessor determines to be
justified and in accordance with this section. No claims may
be filed after December 31, 2023. The department may adopt
rules, under the provisions of chapter 34.05 RCW, as necessary to properly administer this section.
(4) This section applies to taxes levied for collection in
2006 and thereafter.
(5) This section expires July 1, 2024. [2003 2nd sp.s. c 1
§ 14.]
Contingent effective date—2003 2nd sp.s. c 1: See RCW 82.32.550.
Finding—2003 2nd sp.s. c 1: See note following RCW 82.04.4461.
84.36.805
84.36.805 Conditions for obtaining exemptions by
nonprofit organizations, associations, or corporations.
(1) In order to qualify for an exemption under this chapter,
the nonprofit organizations, associations, or corporations
must satisfy the conditions in this section.
(2) The property must be used exclusively for the actual
operation of the activity for which exemption is granted,
unless otherwise provided, and does not exceed an amount
reasonably necessary for that purpose, except:
(a) The loan or rental of the property does not subject the
property to tax if:
(i) The rents and donations received for the use of the
portion of the property are reasonable and do not exceed the
maintenance and operation expenses attributable to the portion of the property loaned or rented; and
Exemptions
(ii) Except for the exemptions under RCW 84.36.030(4),
84.36.037, and 84.36.060(1) (a) and (b), the property would
be exempt from tax if owned by the organization to which it
is loaned or rented;
(b) The use of the property for fund-raising activities
does not subject the property to tax if the fund-raising activities are consistent with the purposes for which the exemption
is granted.
(3) The property must be irrevocably dedicated to the
purpose for which exemption has been granted, and on the
liquidation, dissolution, or abandonment by said organization, association, or corporation, said property will not inure
directly or indirectly to the benefit of any shareholder or individual, except a nonprofit organization, association, or corporation which too would be entitled to property tax exemption.
This property need not be irrevocably dedicated if it is leased
or rented to those qualified for exemption under this chapter
or RCW 84.36.560 for leased property, but only if under the
terms of the lease or rental agreement the nonprofit organization, association, or corporation receives the benefit of the
exemption.
(4) The facilities and services must be available to all
regardless of race, color, national origin or ancestry.
(5) The organization, association, or corporation must be
duly licensed or certified where such licensing or certification is required by law or regulation.
(6) Property sold to organizations, associations, or corporations with an option to be repurchased by the seller shall
not qualify for exempt status. This subsection does not apply
to property sold to a nonprofit entity, as defined in RCW
84.36.560(7), by:
(a) A nonprofit as defined in RCW 84.36.800 that is
exempt from income tax under section 501(c) of the federal
internal revenue code;
(b) A governmental entity established under RCW
35.21.660, 35.21.670, or 35.21.730;
(c) A housing authority created under RCW 35.82.030;
(d) A housing authority meeting the definition in RCW
35.82.210(2)(a); or
(e) A housing authority established under RCW
35.82.300.
(7) The department shall have access to its books in
order to determine whether the nonprofit organization, association, or corporation is exempt from taxes under this chapter.
(8) This section does not apply to exemptions granted
under RCW 84.36.020, 84.36.032, 84.36.250, and 84.36.260.
[2003 c 121 § 2; 2001 1st sp.s. c 7 § 2. Prior: 1999 c 203 §
2; 1999 c 139 § 3; prior: 1998 c 311 § 25; 1998 c 202 § 3;
1998 c 184 § 2; prior: 1997 c 156 § 8; 1997 c 143 § 3; 1995
2nd sp.s. c 9 § 2; 1993 c 79 § 3; prior: 1990 c 283 §§ 3 and 7;
1989 c 379 § 4; 1987 c 468 § 1; 1984 c 220 § 7; 1981 c 141 §
4; 1973 2nd ex.s. c 40 § 7.]
Application—1999 c 203: See note following RCW 84.36.560.
Application—1998 c 184: See note following RCW 84.36.045.
Applicability—1997 c 143: See note following RCW 84.36.046.
Applicability—1995 2nd sp.s. c 9 §§ 1 and 2: See note following
RCW 84.36.035.
Effective date—1995 2nd sp.s. c 9: See note following RCW
84.36.035.
Applicability—1993 c 79: See note following RCW 84.36.550.
84.36.810
Construction—1990 c 283: See note following RCW 84.36.030.
Severability—Effective date—1989 c 379: See notes following RCW
84.36.040.
Applicability—1987 c 468: "This act shall be effective for taxes levied
for collection in 1988 and thereafter." [1987 c 468 § 3.]
Applicability, construction—1981 c 141: See note following RCW
84.36.060.
84.36.810
84.36.810 Cessation of use under which exemption
granted—Collection of taxes. (1)(a) Upon cessation of a
use under which an exemption has been granted pursuant to
RCW 84.36.030, 84.36.037, 84.36.040, 84.36.041,
84.36.042, 84.36.043, 84.36.046, 84.36.050, 84.36.060,
84.36.550, 84.36.650, 84.36.560, and 84.36.570, except as
provided in (b) of this subsection, the county treasurer shall
collect all taxes which would have been paid had the property
not been exempt during the three years preceding, or the life
of such exemption, if such be less, together with the interest
at the same rate and computed in the same way as that upon
delinquent property taxes. If the property has been granted
an exemption for more than ten consecutive years, taxes and
interest shall not be assessed under this section.
(b) Upon cessation of use by an institution of higher education of property exempt under RCW 84.36.050(2) the
county treasurer shall collect all taxes which would have
been paid had the property not been exempt during the seven
years preceding, or the life of the exemption, whichever is
less.
(2) Subsection (1) of this section applies only when ownership of the property is transferred or when fifty-one percent
or more of the area of the property loses its exempt status.
The additional tax under subsection (1) of this section shall
not be imposed if the cessation of use resulted solely from:
(a) Transfer to a nonprofit organization, association, or
corporation for a use which also qualifies and is granted
exemption under this chapter;
(b) A taking through the exercise of the power of eminent domain, or sale or transfer to an entity having the power
of eminent domain in anticipation of the exercise of such
power;
(c) Official action by an agency of the state of Washington or by the county or city within which the property is
located which disallows the present use of such property;
(d) A natural disaster such as a flood, windstorm, earthquake, or other such calamity rather than by virtue of the act
of the organization, association, or corporation changing the
use of such property;
(e) Relocation of the activity and use of another location
or site except for undeveloped properties of camp facilities
exempted under RCW 84.36.030;
(f) Cancellation of a lease on leased property that had
been exempt under this chapter; or
(g) A change in the exempt portion of a home for the
aging under RCW 84.36.041(3), as long as some portion of
the home remains exempt.
(3) Subsections (2)(e) and (f) of this section do not apply
to property leased to a state institution of higher education
and exempt under RCW 84.36.050(2). [2003 c 344 § 2; 2001
c 126 § 3. Prior: 1999 c 203 § 3; 1999 c 139 § 4; prior: 1998
c 311 § 26; 1998 c 202 § 4; prior: 1997 c 156 § 9; 1997 c 143
§ 4; 1994 c 124 § 19; 1993 c 79 § 4; 1990 c 283 § 4; 1989 c
[2003 RCW Supp—page 1125]
Chapter 84.40
Title 84 RCW: Property Taxes
379 § 5; 1987 c 468 § 2; 1984 c 220 § 8; 1983 c 185 § 1; 1981
c 141 § 5; 1977 ex.s. c 209 § 1; 1973 2nd ex.s. c 40 § 8.]
Application—2001 c 126: See note following RCW 84.36.040.
Application—1999 c 203: See note following RCW 84.36.560.
Applicability—1997 c 143: See note following RCW 84.36.046.
Applicability—1993 c 79: See note following RCW 84.36.550.
Severability—Effective date—1989 c 379: See notes following RCW
84.36.040.
Applicability—1987 c 468: See note following RCW 84.36.805.
Applicability, construction—1981 c 141: See note following RCW
84.36.060.
Chapter 84.40
Chapter 84.40 RCW
LISTING OF PROPERTY
Sections
84.40.040
84.40.060
84.40.070
84.40.120
84.40.190
84.40.335
84.40.340
84.40.410
Time and manner of listing.
Personal property assessment.
Companies, associations—Listing.
Oaths, who may administer—Criminal penalty for willful
false listing. (Effective July 1, 2004.)
Statement of personal property.
Lists, schedules or statements to contain declaration that falsification subject to perjury.
Verification by assessor of any list, statement, or schedule—
Confidentiality, penalty. (Effective July 1, 2004.)
Valuation and assessment of certain leasehold interests.
84.40.040
84.40.040 Time and manner of listing. The assessor
shall begin the preliminary work for each assessment not
later than the first day of December of each year in all counties in the state. The assessor shall also complete the duties
of listing and placing valuations on all property by May 31st
of each year, except that the listing and valuation of construction and mobile homes under RCW 36.21.080 and 36.21.090
shall be completed by August 31st of each year, and in the
following manner, to wit:
The assessor shall actually determine as nearly as practicable the true and fair value of each tract or lot of land listed
for taxation and of each improvement located thereon and
shall enter one hundred percent of the true and fair value of
such land and value of such improvements, together with the
total of such one hundred percent valuations, opposite each
description of property on the assessment list and tax roll.
The assessor shall make an alphabetical list of the names
of all persons in the county liable to assessment of personal
property, and require each person to make a correct list and
statement of such property according to the standard form
prescribed by the department of revenue, which statement
and list shall include, if required by the form, the year of
acquisition and total original cost of personal property in
each category of the prescribed form. However, the assessor
may list and value improvements on publicly owned land in
the same manner as real property is listed and valued, including conformance with the revaluation program required
under chapter 84.41 RCW. Such list and statement shall be
filed on or before the last day of April. The assessor shall on
or before the 1st day of January of each year mail, or electronically transmit, a notice to all such persons at their last
known address that such statement and list is required. This
notice must be accompanied by the form on which the statement or list is to be made. The notice mailed, or electronically transmitted, by the assessor to each taxpayer each year
[2003 RCW Supp—page 1126]
shall, if practicable, include the statement and list of personal
property of the taxpayer for the preceding year. Upon receipt
of such statement and list the assessor shall thereupon determine the true and fair value of the property included in such
statement and enter one hundred percent of the same on the
assessment roll opposite the name of the party assessed; and
in making such entry in the assessment list, the assessor shall
give the name and post office address of the party listing the
property, and if the party resides in a city the assessor shall
give the street and number or other brief description of the
party's residence or place of business. The assessor may,
after giving written notice of the action to the person to be
assessed, add to the assessment list any taxable property
which should be included in such list. [2003 c 302 § 1; 2001
c 187 § 18; 1997 c 3 § 106 (Referendum Bill No. 47,
approved November 4, 1997); 1988 c 222 § 15; 1982 1st ex.s.
c 46 § 5; 1973 1st ex.s. c 195 § 97; 1967 ex.s. c 149 § 36;
1961 c 15 § 84.40.040. Prior: 1939 c 206 § 16, part; 1925
ex.s. c 130 § 57, part; 1897 c 71 § 46, part; 1895 c 176 § 5,
part; 1893 c 124 § 48, part; 1891 c 140 § 48, part; RRS §
11140, part.]
Contingent effective date—2001 c 187: See note following RCW
84.70.010.
Application—2001 c 187: See note following RCW 84.40.020.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Effective date—1988 c 222: "Sections 15, 17, 19, 20, 21, 28, and 30 of
this act shall take effect January 1, 1989." [1988 c 222 § 35.]
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Effective date—1967 ex.s. c 149: See note following RCW 82.04.050.
Savings—1967 ex.s. c 149: See RCW 82.98.035.
Severability—1967 ex.s. c 149: See note following RCW 82.98.030.
84.40.060
84.40.060 Personal property assessment. Upon
receipt of the statement of personal property, the assessor
shall assess the value of such property. If any property is
listed or assessed on or after the 31st day of May, the same
shall be legal and binding as if listed and assessed before that
time. [2003 c 302 § 2; 1988 c 222 § 16; 1967 ex.s. c 149 § 37;
1961 c 15 § 84.40.060. Prior: 1939 c 206 § 17; 1925 ex.s. c
130 § 58; 1897 c 71 § 47; 1893 c 124 § 49; 1891 c 140 § 49;
1890 p 548 § 49; RRS § 11141.]
Effective date—1967 ex.s. c 149: See note following RCW 82.04.050.
Savings—1967 ex.s. c 149: See RCW 82.98.035.
Severability—1967 ex.s. c 149: See note following RCW 82.98.030.
84.40.070
84.40.070 Companies, associations—Listing. The
president, secretary or principal accounting officer or agent
of any company or association, whether incorporated or unincorporated, except as otherwise provided for in this title, shall
make out and deliver to the assessor a statement of its property, setting forth particularly (1) the name and location of the
company or association; (2) the real property of the company
or association, and where situated; and (3) the nature and
value of its personal property. The real and personal property
of such company or association shall be assessed the same as
other real and personal property. In all cases of failure or
refusal of any person, officer, company, or association to
make such return or statement, it shall be the duty of the
assessor to make such return or statement from the best infor-
Listing of Property
mation he can obtain. [2003 c 302 § 3; 1961 c 15 §
84.40.070. Prior: 1925 ex.s. c 130 § 27; 1897 c 71 § 20; 1893
c 124 § 20; 1891 c 140 § 20; 1890 p 538 § 21; Code 1881 §
2839; RRS § 11131.]
84.40.120
84.40.120 Oaths, who may administer—Criminal
penalty for willful false listing. (Effective July 1, 2004.)
(1) Any oath authorized to be administered under this title
may be administered by any assessor or deputy assessor, or
by any other officer having authority to administer oaths.
(2) Any person willfully making a false list, schedule, or
statement under oath is guilty of perjury under chapter 9A.72
RCW. [2003 c 53 § 409; 1961 c 15 § 84.40.120. Prior: 1925
ex.s. c 130 § 67; 1897 c 71 § 57; 1893 c 124 § 58; 1891 c 140
§ 58; 1890 p 553 § 63; RRS § 11150.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
84.40.190
84.40.190 Statement of personal property. Every person required by this title to list property shall make out and
deliver to the assessor, or to the department as required by
RCW 84.40.065, either in person, by mail, or by electronic
transmittal if available, a statement of all the personal property in his or her possession or under his or her control, and
which, by the provisions of this title, he or she is required to
list for taxation, either as owner or holder thereof. When any
list, schedule, or statement is made, the principal required to
make out and deliver the same shall be responsible for the
contents and the filing thereof and shall be liable for the penalties imposed pursuant to RCW 84.40.130. No person shall
be required to list for taxation in his statement to the assessor
any share or portion of the capital stock, or of any of the property of any company, association or corporation, which such
person may hold in whole or in part, where such company,
being required so to do, has listed for assessment and taxation
its capital stock and property with the department of revenue,
or as otherwise required by law. [2003 c 302 § 4; 2001 c 185
§ 13; 1993 c 33 § 4; 1967 ex.s. c 149 § 39; 1961 c 15 §
84.40.190. Prior: 1945 c 56 § 1; 1925 ex.s. c 130 § 22; 1897
c 71 § 15; 1893 c 124 § 15; 1891 c 140 § 15; 1890 p 535 § 15;
Code 1881 § 2834; Rem. Supp. 1945 § 11126.]
Effective date—1993 c 33: See note following RCW 82.49.060.
Effective date—1967 ex.s. c 149: See note following RCW 82.04.050.
Savings—1967 ex.s. c 149: See RCW 82.98.035.
Severability—1967 ex.s. c 149: See note following RCW 82.98.030.
84.40.335
84.40.335 Lists, schedules or statements to contain
declaration that falsification subject to perjury. Except
for personal property under RCW 84.40.190, any list, schedule or statement required by this chapter shall contain a written declaration that any person signing the same and knowing
the same to be false shall be subject to the penalties of perjury. [2003 c 302 § 5; 1967 ex.s. c 149 § 42.]
Effective date—1967 ex.s. c 149: See note following RCW 82.04.050.
Savings—1967 ex.s. c 149: See RCW 82.98.035.
Severability—1967 ex.s. c 149: See note following RCW 82.98.030.
84.40.340
84.40.340 Verification by assessor of any list, statement, or schedule—Confidentiality, penalty. (Effective
July 1, 2004.) (1) For the purpose of verifying any list, state-
84.40.410
ment, or schedule required to be furnished to the assessor by
any taxpayer, any assessor or his or her trained and qualified
deputy at any reasonable time may visit, investigate and
examine any personal property, and for this purpose the
records, accounts and inventories also shall be subject to any
such visitation, investigation and examination which shall aid
in determining the amount and valuation of such property.
Such powers and duties may be performed at any office of the
taxpayer in this state, and the taxpayer shall furnish or make
available all such information pertaining to property in this
state to the assessor although the records may be maintained
at any office outside this state.
(2) Any information or facts obtained pursuant to this
section shall be used by the assessor only for the purpose of
determining the assessed valuation of the taxpayer's property:
PROVIDED, That such information or facts shall also be
made available to the department of revenue upon request for
the purpose of determining any sales or use tax liability with
respect to personal property, and except in a civil or criminal
judicial proceeding or an administrative proceeding in
respect to penalties imposed pursuant to RCW 84.40.130, to
such sales or use taxes, or to the assessment or valuation for
tax purposes of the property to which such information and
facts relate, shall not be disclosed by the assessor or the
department of revenue without the permission of the taxpayer
to any person other than public officers or employees whose
duties relate to valuation of property for tax purposes or to the
imposition and collection of sales and use taxes, and any violation of this secrecy provision is a gross misdemeanor.
[2003 c 53 § 410; 1997 c 239 § 3; 1973 1st ex.s. c 74 § 1;
1967 ex.s. c 149 § 40; 1961 ex.s. c 24 § 6.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1967 ex.s. c 149: See note following RCW 82.04.050.
Savings—1967 ex.s. c 149: See RCW 82.98.035.
Severability—1967 ex.s. c 149: See note following RCW 82.98.030.
84.40.410
84.40.410 Valuation and assessment of certain leasehold interests. A leasehold interest consisting of three thousand or more residential and recreational lots that are or may
be subleased for residential and recreational purposes,
together with any improvements thereon, shall be assessed
and taxed in the same manner as privately owned real property. The sublessee of each lot, or the lessee if not subleased,
is liable for the property tax on the lot and improvements
thereon. If property tax for a lot or improvements thereon
remains unpaid for more than three years from the date of
delinquency, including any property taxes that are delinquent
as of July 22, 2001, the county treasurer may proceed to collect the tax in the same manner as for other property, except
that the lessor's interest in the property shall not be extinguished as a result of any action for the collection of tax. Collection of property taxes assessed on any such lot shall be
enforceable by foreclosure proceedings in accordance with
real property foreclosure proceedings authorized in chapter
84.64 RCW. [2003 c 169 § 1; 2001 c 26 § 3.]
Application—2001 c 26 §§ 2 and 3: "Sections 2 and 3 of this act apply
to taxes levied for collection in 2002 and thereafter." [2001 c 26 § 5.]
[2003 RCW Supp—page 1127]
Chapter 84.52
Chapter 84.52
Title 84 RCW: Property Taxes
Chapter 84.52 RCW
LEVY OF TAXES
Sections
84.52.010
84.52.043
84.52.052
84.52.068
Taxes levied or voted in specific amounts—Effect of constitutional and statutory limitations—Use of hypothetical levy.
Limitations upon regular property tax levies.
Excess levies authorized—When—Procedure.
State levy—Distribution to school districts.
84.52.010
84.52.010 Taxes levied or voted in specific amounts—
Effect of constitutional and statutory limitations—Use of
hypothetical levy. Except as is permitted under RCW
84.55.050, all taxes shall be levied or voted in specific
amounts.
The rate percent of all taxes for state and county purposes, and purposes of taxing districts coextensive with the
county, shall be determined, calculated and fixed by the
county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the
property of the county, as shown by the completed tax rolls of
the county, and the rate percent of all taxes levied for purposes of taxing districts within any county shall be determined, calculated and fixed by the county assessors of the
respective counties, within the limitations provided by law,
upon the assessed valuation of the property of the taxing districts respectively.
When a county assessor finds that the aggregate rate of
tax levy on any property, that is subject to the limitations set
forth in RCW 84.52.043 or 84.52.050, exceeds the limitations
provided in either of these sections, the assessor shall recompute and establish a consolidated levy in the following manner:
(1) The full certified rates of tax levy for state, county,
county road district, and city or town purposes shall be
extended on the tax rolls in amounts not exceeding the limitations established by law; however any state levy shall take
precedence over all other levies and shall not be reduced for
any purpose other than that required by RCW 84.55.010. If,
as a result of the levies imposed under RCW 36.54.130,
84.52.069, 84.34.230, the portion of the levy by a metropolitan park district that was protected under RCW 84.52.120,
and 84.52.105, the combined rate of regular property tax levies that are subject to the one percent limitation exceeds one
percent of the true and fair value of any property, then these
levies shall be reduced as follows: (a) The levy imposed by a
ferry district under RCW 36.54.130 must be reduced until the
combined rate no longer exceeds one percent of the true and
fair value of any property or must be eliminated; (b) if the
combined rate of regular property tax levies that are subject
to the one percent limitation still exceeds one percent of the
true and fair value of any property, the portion of the levy by
a metropolitan park district that is protected under RCW
84.52.120 shall be reduced until the combined rate no longer
exceeds one percent of the true and fair value of any property
or shall be eliminated; (c) if the combined rate of regular
property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any
property, then the levies imposed under RCW 84.34.230,
84.52.105, and any portion of the levy imposed under RCW
84.52.069 that is in excess of thirty cents per thousand dollars
of assessed value, shall be reduced on a pro rata basis until
[2003 RCW Supp—page 1128]
the combined rate no longer exceeds one percent of the true
and fair value of any property or shall be eliminated; and (d)
if the combined rate of regular property tax levies that are
subject to the one percent limitation still exceeds one percent
of the true and fair value of any property, then the thirty cents
per thousand dollars of assessed value of tax levy imposed
under RCW 84.52.069 shall be reduced until the combined
rate no longer exceeds one percent of the true and fair value
of any property or eliminated.
(2) The certified rates of tax levy subject to these limitations by all junior taxing districts imposing taxes on such
property shall be reduced or eliminated as follows to bring
the consolidated levy of taxes on such property within the
provisions of these limitations:
(a) First, the certified property tax levy rates of those junior taxing districts authorized under RCW 36.68.525,
36.69.145, 35.95A.100, and 67.38.130 shall be reduced on a
pro rata basis or eliminated;
(b) Second, if the consolidated tax levy rate still exceeds
these limitations, the certified property tax levy rates of flood
control zone districts shall be reduced on a pro rata basis or
eliminated;
(c) Third, if the consolidated tax levy rate still exceeds
these limitations, the certified property tax levy rates of all
other junior taxing districts, other than fire protection districts, library districts, the first fifty cent per thousand dollars
of assessed valuation levies for metropolitan park districts,
and the first fifty cent per thousand dollars of assessed valuation levies for public hospital districts, shall be reduced on a
pro rata basis or eliminated;
(d) Fourth, if the consolidated tax levy rate still exceeds
these limitations, the first fifty cent per thousand dollars of
assessed valuation levies for metropolitan park districts created on or after January 1, 2002, shall be reduced on a pro rata
basis or eliminated;
(e) Fifth, if the consolidated tax levy rate still exceeds
these limitations, the certified property tax levy rates authorized to fire protection districts under RCW 52.16.140 and
52.16.160 shall be reduced on a pro rata basis or eliminated;
and
(f) Sixth, if the consolidated tax levy rate still exceeds
these limitations, the certified property tax levy rates authorized for fire protection districts under RCW 52.16.130,
library districts, metropolitan park districts created before
January 1, 2002, under their first fifty cent per thousand dollars of assessed valuation levy, and public hospital districts
under their first fifty cent per thousand dollars of assessed
valuation levy, shall be reduced on a pro rata basis or eliminated.
In determining whether the aggregate rate of tax levy on
any property, that is subject to the limitations set forth in
RCW 84.52.050, exceeds the limitations provided in that section, the assessor shall use the hypothetical state levy, as
apportioned to the county under RCW 84.48.080, that was
computed under RCW 84.48.080 without regard to the reduction under RCW 84.55.012. [2003 c 83 § 310. Prior: 2002 c
248 § 15; 2002 c 88 § 7; 1995 2nd sp.s. c 13 § 4; 1995 c 99 §
2; 1994 c 124 § 36; 1993 c 337 § 4; 1990 c 234 § 4; 1988 c
274 § 7; 1987 c 255 § 1; 1973 1st ex.s. c 195 § 101; 1973 1st
ex.s. c 195 § 146; 1971 ex.s. c 243 § 6; 1970 ex.s. c 92 § 4;
1961 c 15 § 84.52.010; prior: 1947 c 270 § 1; 1925 ex.s. c
Levy of Taxes
130 § 74; Rem. Supp. 1947 § 11235; prior: 1920 ex.s. c 3 §
1; 1897 c 71 § 62; 1893 c 124 § 63.]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
Intent—1995 2nd sp.s. c 13: See note following RCW 84.55.012.
Finding—1993 c 337: See note following RCW 84.52.105.
Purpose—1988 c 274: "The legislature finds that, due to statutory and
constitutional limitations, the interdependence of the regular property tax
levies of the state, counties, county road districts, cities and towns, and junior
taxing districts can cause significant reductions in the otherwise authorized
levies of those taxing districts, resulting in serious disruptions to essential
services provided by those taxing districts. The purpose of this act is to avoid
unnecessary reductions in regular property tax revenue without exceeding
existing statutory and constitutional tax limitations on cumulative regular
property tax levy rates. The legislature declares that it is a purpose of the
state, counties, county road districts, cities and towns, public hospital districts, library districts, fire protection districts, metropolitan park districts,
and other taxing districts to participate in the methods provided by this act by
which revenue levels supporting the services provided by all taxing districts
might be maintained." [1988 c 274 § 1.]
Severability—1988 c 274: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1988 c 274 § 13.]
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Severability—1971 ex.s. c 243: See RCW 84.34.920.
Intent—1970 ex.s. c 92: "It is the intent of this 1970 amendatory act to
prevent a potential doubling of property taxes that might otherwise result
from the enforcement of the constitutionally required fifty percent assessment ratio as of January 1, 1970, and to adjust property tax millage rates for
subsequent years to levels which will conform to the requirements of any
constitutional amendment imposing a one percent limitation on property
taxes. It is the further intent of this 1970 amendatory act that the statutory
authority of any taxing district to impose excess levies shall not be impaired
by reason of the reduction in millage rates for regular property tax levies.
This 1970 amendatory act shall be construed to effectuate the legislative
intent expressed in this section." [1970 ex.s. c 92 § 1.]
Effective date—Application—1970 ex.s. c 92: "This act shall take
effect July 1, 1970 but shall not affect property taxes levied in 1969 or prior
years." [1970 ex.s. c 92 § 11.]
84.52.043
84.52.043 Limitations upon regular property tax levies. Within and subject to the limitations imposed by RCW
84.52.050 as amended, the regular ad valorem tax levies upon
real and personal property by the taxing districts hereafter
named shall be as follows:
(1) Levies of the senior taxing districts shall be as follows: (a) The levy by the state shall not exceed three dollars
and sixty cents per thousand dollars of assessed value
adjusted to the state equalized value in accordance with the
indicated ratio fixed by the state department of revenue to be
used exclusively for the support of the common schools; (b)
the levy by any county shall not exceed one dollar and eighty
cents per thousand dollars of assessed value; (c) the levy by
any road district shall not exceed two dollars and twenty-five
cents per thousand dollars of assessed value; and (d) the levy
by any city or town shall not exceed three dollars and thirtyseven and one-half cents per thousand dollars of assessed
value. However any county is hereby authorized to increase
its levy from one dollar and eighty cents to a rate not to
exceed two dollars and forty-seven and one-half cents per
thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars and five
cents per thousand dollars of assessed value, and no other
84.52.052
taxing district has its levy reduced as a result of the increased
county levy.
(2) The aggregate levies of junior taxing districts and
senior taxing districts, other than the state, shall not exceed
five dollars and ninety cents per thousand dollars of assessed
valuation. The term "junior taxing districts" includes all taxing districts other than the state, counties, road districts, cities, towns, port districts, and public utility districts. The limitations provided in this subsection shall not apply to: (a)
Levies at the rates provided by existing law by or for any port
or public utility district; (b) excess property tax levies authorized in Article VII, section 2 of the state Constitution; (c)
levies for acquiring conservation futures as authorized under
RCW 84.34.230; (d) levies for emergency medical care or
emergency medical services imposed under RCW 84.52.069;
(e) levies to finance affordable housing for very low-income
housing imposed under RCW 84.52.105; (f) the portions of
levies by metropolitan park districts that are protected under
RCW 84.52.120; and (g) levies imposed by ferry districts
under RCW 36.54.130. [2003 c 83 § 311; 1995 c 99 § 3;
1993 c 337 § 3; 1990 c 234 § 1; 1989 c 378 § 36; 1988 c 274
§ 5; 1973 1st ex.s. c 195 § 134.]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
Finding—1993 c 337: See note following RCW 84.52.105.
Purpose—Severability—1988 c 274: See notes following RCW
84.52.010.
Effective date—1973 2nd ex.s. c 4: "Sections 4 through 6 of this 1973
amendatory act shall be effective on and after January 1, 1974." [1973 2nd
ex.s. c 4 § 6.]
Emergency—1973 2nd ex.s. c 4: "Except as otherwise in this 1973
amendatory act provided, this 1973 amendatory act is necessary for the
immediate preservation of the public peace, health and safety, the support of
the state government and its existing public institutions, and shall take effect
immediately." [1973 2nd ex.s. c 4 § 7.]
Construction—1973 1st ex.s. c 195: "Sections 135 through 152 of this
1973 amendatory act shall apply to tax levies made in 1973 for collection in
1974, and sections 1 through 134 shall apply to tax levies made in 1974 and
each year thereafter for collection in 1975 and each year thereafter." [1973
1st ex.s. c 195 § 155.]
Severability—1973 1st ex.s. c 195: "If any provision of this 1973
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1973 1st ex.s. c 195 § 153.]
Effective dates and termination dates—1973 1st ex.s. c 195 (as
amended by 1973 2nd ex.s. c 4): "This 1973 amendatory act, chapter 195,
Laws of 1973, is necessary for the immediate preservation of the public
peace, health and safety, the support of the state government and its existing
public institutions, and shall take effect immediately: PROVIDED, That
section 9 shall take effect January 1, 1975, and section 133(3) shall take
effect on January 31, 1974: PROVIDED, FURTHER, That section 137 shall
not be effective until July 1, 1973, at which time section 136 shall be void
and of no effect: PROVIDED, FURTHER, That section 138 shall not be
effective until January 1, 1974, at which time section 137 shall be void and
of no effect: PROVIDED, FURTHER, That section 139 shall not be effective until July 1, 1974 at which time section 138 shall be void and of no
effect, and section 139 shall be null and void and of no further effect on and
after January 1, 1975: PROVIDED, FURTHER, That sections 1 through 8,
sections 10 through 132, section 133(1), (2), (4), and (5), and section 134
shall not take effect until January 1, 1974, at which time sections 135, 136,
and sections 140 through 151 shall be void and of no effect: PROVIDED,
FURTHER, That section 152 shall be void and of no effect on and after January 1, 1975." [1973 2nd ex.s. c 4 § 3; 1973 1st ex.s. c 195 § 154.]
84.52.052
84.52.052 Excess levies authorized—When—Procedure. The limitations imposed by RCW 84.52.050 through
84.52.056, and RCW 84.52.043 shall not prevent the levy of
[2003 RCW Supp—page 1129]
84.52.068
Title 84 RCW: Property Taxes
additional taxes by any taxing district, except school districts
and fire protection districts, in which a larger levy is necessary in order to prevent the impairment of the obligation of
contracts. As used in this section, the term "taxing district"
means any county, metropolitan park district, park and recreation service area, park and recreation district, water-sewer
district, solid waste disposal district, public facilities district,
flood control zone district, county rail district, service district, public hospital district, road district, rural county library
district, island library district, rural partial-county library district, intercounty rural library district, cemetery district, city,
town, transportation benefit district, emergency medical service district with a population density of less than one thousand per square mile, cultural arts, stadium, and convention
district, ferry district, or city transportation authority.
Any such taxing district may levy taxes at a rate in
excess of the rate specified in RCW 84.52.050 through
84.52.056 and 84.52.043, or 84.55.010 through 84.55.050,
when authorized so to do by the voters of such taxing district
in the manner set forth in Article VII, section 2(a) of the Constitution of this state at a special or general election to be held
in the year in which the levy is made.
A special election may be called and the time therefor
fixed by the county legislative authority, or council, board of
commissioners, or other governing body of any such taxing
district, by giving notice thereof by publication in the manner
provided by law for giving notices of general elections, at
which special election the proposition authorizing such
excess levy shall be submitted in such form as to enable the
voters favoring the proposition to vote "yes" and those
opposed thereto to vote "no." [2003 c 83 § 312. Prior: 2002
c 248 § 16; 2002 c 180 § 1; 1996 c 230 § 1615; 1993 c 284 §
4; 1991 c 138 § 1; 1989 c 53 § 4; 1988 ex.s. c 1 § 18; prior:
1983 c 315 § 10; 1983 c 303 § 16; 1983 c 130 § 11; 1983 c 2
§ 19; prior: 1982 1st ex.s. c 22 § 17; 1982 c 175 § 7; 1982 c
123 § 19; 1981 c 210 § 20; 1977 ex.s. c 325 § 1; 1977 c 4 § 1;
1973 1st ex.s. c 195 § 102; 1973 1st ex.s. c 195 § 147; 1973 c
3 § 1; 1971 ex.s. c 288 § 26; 1965 ex.s. c 113 § 1; 1963 c 112
§ 1; 1961 c 15 § 84.52.052; prior: 1959 c 304 § 8; 1959 c 290
§ 1; 1957 c 58 § 15; 1957 c 32 § 1; 1955 c 93 § 1; 1953 c 189
§ 1; 1951 2nd ex.s. c 23 § 3; prior: 1951 c 255 § 1, part; 1950
ex.s. c 11 § 1, part; 1945 c 253 § 1, part; 1941 c 176 § 1, part;
1939 c 83 § 1, part; 1939 c 2 (Init. Meas. No. 129); 1937 c 1
(Init. Meas. No. 114); 1935 c 2 (Init. Meas. No. 94); 1933 c 4
(Init. Meas. No. 64); Rem. Supp. 1945 § 11238-1e, part.]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
Contingent effective date—2002 c 180: "This act takes effect January
1, 2003, if the proposed amendment to Article VII, section 2 of the state Constitution authorizing multiyear excess property tax levies is validly submitted
to and approved by the voters at the next general election. If the proposed
amendment is not approved, this act is void in its entirety." [2002 c 180 § 4.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Severability—1989 c 53: See note following RCW 36.73.020.
Severability—1988 ex.s. c 1: See RCW 36.100.900.
Severability—1983 c 315: See note following RCW 90.03.500.
Severability—1983 c 303: See RCW 36.60.905.
Severability—1983 c 2: See note following RCW 18.71.030.
Severability—1982 1st ex.s. c 22: See RCW 67.38.905.
Severability—1982 c 175: See note following RCW 36.58.100.
[2003 RCW Supp—page 1130]
Severability—1981 c 210: See note following RCW 36.68.400.
Severability—1977 ex.s. c 325: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 325 § 5.]
Effective date—1977 ex.s. c 325: "This 1977 amendatory act is necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect July 1, 1977." [1977 ex.s. c 325 § 6.]
Severability—1977 c 4: "If any provision of this 1977 amendatory act,
or its application to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other persons or circumstances is not affected." [1977 c 4 § 4.]
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Savings—Severability—1971 ex.s. c 288: See notes following RCW
84.40.030.
84.52.068
84.52.068 State levy—Distribution to school districts.
(1) A portion of the proceeds of the state property tax levy
shall be distributed to school districts in the amounts and in
the manner provided in this section.
(2) The amount of the distribution to each school district
shall be based upon the average number of full-time equivalent students in the school district during the previous school
year, and shall be calculated as follows:
(a) Out of taxes collected in calendar years 2001 through
and including 2003, an annual amount equal to one hundred
forty dollars per each full-time equivalent student in all
school districts shall be deposited in the student achievement
fund to be distributed to each school district based on one
hundred forty dollars per full-time equivalent student in the
school district for each year beginning with the school year
2001-2002 and through the end of the 2003-2004 school year.
(b) For the 2004-2005 school year, an annual amount
equal to two hundred fifty-four dollars per full-time equivalent student in all school districts shall be deposited in the student achievement fund to be distributed to each school district based on two hundred fifty-four dollars per full-time
equivalent student.
(c) For the 2005-2006 school year, an amount equal to
three hundred dollars per full-time equivalent student in all
school districts shall be deposited in the student achievement
fund to be distributed to each school district based on three
hundred dollars per full-time equivalent student.
(d) For the 2006-2007 school year, an amount equal to
three hundred seventy-five dollars per full-time equivalent
student in all school districts shall be deposited in the student
achievement fund to be distributed to each school district
based on three hundred seventy-five dollars per full-time
equivalent student.
(e) For the 2007-2008 school year, an amount equal to
four hundred fifty dollars per full-time equivalent student in
all school districts shall be deposited in the student achievement fund to be distributed to each school district based on
four hundred fifty dollars per full-time equivalent student.
(f) Each subsequent year following the 2007-2008
school year, the amount deposited and distributed shall be
adjusted for inflation as defined in RCW 43.135.025(8).
(3) For the 2001-2002 through 2003-2004 school years,
the office of the superintendent of public instruction shall
verify the average number of full-time equivalent students in
Limitations Upon Regular Property Taxes
each school district from the previous school year to the state
treasurer by August 1st of each year.
(4) Beginning with the 2004-2005 school year:
(a) The annual distributions to each school district shall
be based on the average number of full-time equivalent students in the school district from the previous school year as
reported to the office of the superintendent of public instruction by August 31st of the previous school year; and
(b) The school district annual amounts as defined in subsection (2) of this section shall be distributed on the monthly
apportionment schedule as defined in RCW 28A.510.250.
The office of the superintendent of public instruction shall
notify the department of the monthly amounts to be deposited
into the student achievement fund to meet the apportionment
schedule distributions. [2003 1st sp.s. c 19 § 1; 2001 c 3 § 5
(Initiative Measure No. 728, approved November 7, 2000).]
Application—2001 c 3 § 5 (Initiative Measure No. 728): "Section 5
of this act applies to taxes levied in 2000 for collection in 2001 and thereafter." [2001 c 3 § 6 (Initiative Measure No. 728, approved November 7,
2000).]
Short title—Purpose—Intent—Construction—Severability—
Effective dates—2001 c 3 (Initiative Measure No. 728): See notes following RCW 28A.505.210.
Chapter 84.55
Chapter 84.55 RCW
LIMITATIONS UPON REGULAR
PROPERTY TAXES
Sections
84.55.050
84.55.050
Election to authorize increase in regular property tax levy—
Limited propositions—Procedure.
84.55.050 Election to authorize increase in regular
property tax levy—Limited propositions—Procedure.
(1) Subject to any otherwise applicable statutory dollar rate
limitations, regular property taxes may be levied by or for a
taxing district in an amount exceeding the limitations provided for in this chapter if such levy is authorized by a proposition approved by a majority of the voters of the taxing district voting on the proposition at a general election held
within the district or at a special election within the taxing
district called by the district for the purpose of submitting
such proposition to the voters. Any election held pursuant to
this section shall be held not more than twelve months prior
to the date on which the proposed levy is to be made, except
as provided in subsection (3)(b) of this section. The ballot of
the proposition shall state the dollar rate proposed and shall
clearly state any conditions which are applicable under subsection (3) of this section.
(2) After a levy authorized pursuant to this section is
made, the dollar amount of such levy shall be used for the
purpose of computing the limitations for subsequent levies
provided for in this chapter, except as provided in subsections
(3) and (4) of this section.
(3) A proposition placed before the voters under this section may:
(a) Limit the period for which the increased levy is to be
made;
(b) Subject to statutory dollar limitations in RCW
84.52.043, authorize annual increases in levies for any
county, city, or town for multiple consecutive years, up to six
consecutive years, during which period each year's autho-
84.56.025
rized maximum legal levy shall be used as the base upon
which an increased levy limit for the succeeding year is computed, but the ballot proposition must state the dollar rate proposed only for the first year of the consecutive years and must
state the limit factor, or a specified index to be used for determining a limit factor, such as the consumer price index,
which need not be the same for all years, by which the regular
tax levy for the district may be increased in each of the subsequent consecutive years. Elections for this purpose must be
held at a primary or general election. The title of each ballot
measure must state the specific purposes for which the proposed levy increase shall be used, and funds raised under this
levy shall not supplant existing funds used for these purposes;
(c) Limit the purpose for which the increased levy is to
be made, but if the limited purpose includes making redemption payments on bonds, the period for which the increased
levies are made shall not exceed nine years;
(d) Set the levy at a rate less than the maximum rate
allowed for the district;
(e) Provide that the maximum allowable dollar amount
of the final annual levy of the period specified in the measure
shall be used to compute the limitations provided for in this
chapter on levy increases occurring after the expiration of the
period; or
(f) Include any combination of the conditions in this subsection.
(4) Except as otherwise provided in an approved ballot
measure under this section, after the expiration of a limited
period or the satisfaction of a limited purpose, whichever
comes first, subsequent levies shall be computed as if:
(a) The limited proposition under subsection (3) of this
section had not been approved; and
(b) The taxing district had made levies at the maximum
rates which would otherwise have been allowed under this
chapter during the years levies were made under the limited
proposition. [2003 1st sp.s. c 24 § 4; 1989 c 287 § 1; 1986 c
169 § 1; 1979 ex.s. c 218 § 3; 1973 1st ex.s. c 195 § 109; 1971
ex.s. c 288 § 24.]
Finding—Intent—Effective date—Severability—2003 1st sp.s. c 24:
See notes following RCW 82.14.450.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Savings—Severability—1971 ex.s. c 288: See notes following RCW
84.40.030.
Chapter 84.56
Chapter 84.56 RCW
COLLECTION OF TAXES
Sections
84.56.025
84.56.120
84.56.340
Waiver of interest and penalties—Circumstances—Provision
of death certificate and affidavit for certain waivers.
Removal of property from county or state after assessment
without paying tax.
Payment on part of parcel or tract or on undivided interest or
fractional interest—Division—Certification—Appeal.
84.56.025
84.56.025 Waiver of interest and penalties—Circumstances—Provision of death certificate and affidavit for
certain waivers. (1) The interest and penalties for delinquencies on property taxes shall be waived by the county
treasurer if the notice for these taxes due, as provided in
RCW 84.56.050, was not sent to a taxpayer due to error by
[2003 RCW Supp—page 1131]
84.56.120
Title 84 RCW: Property Taxes
the county. Where waiver of interest and penalties has
occurred, the full amount of interest and penalties shall be
reinstated if the taxpayer fails to pay the delinquent taxes
within thirty days of receiving notice that the taxes are due.
Each county treasurer shall, subject to guidelines prepared by
the department of revenue, establish administrative procedures to determine if taxpayers are eligible for this waiver.
(2) In addition to the waiver under subsection (1) of this
section, the interest and penalties for delinquencies on property taxes shall be waived by the county treasurer under the
following circumstances:
(a) The taxpayer fails to make one payment under RCW
84.56.020 by the due date on the taxpayer's personal residence because of hardship caused by the death of the taxpayer's spouse if the taxpayer notifies the county treasurer of
the hardship within sixty days of the tax due date; or
(b) The taxpayer fails to make one payment under RCW
84.56.020 by the due date on the taxpayer's parent's or stepparent's personal residence because of hardship caused by the
death of the taxpayer's parent or stepparent if the taxpayer
notifies the county treasurer of the hardship within sixty days
of the tax due date.
(3) Before allowing a hardship waiver under subsection
(2) of this section, the county treasurer may require a copy of
the death certificate along with an affidavit signed by the taxpayer. [2003 c 12 § 1; 1998 c 327 § 1; 1984 c 185 § 1.]
84.56.120
84.56.120 Removal of property from county or state
after assessment without paying tax. After personal property has been assessed, it shall be unlawful for any person to
remove the personal property subject to priority tax liens created pursuant to RCW 84.60.010 and 84.60.020 from the
county in which the property was assessed and from the state
until taxes and interest are paid, or until notice has been given
to the county treasurer describing the property to be removed
and in case of public or private sales of personal property, a
list of the property desired to be sold shall be sent to the treasurer, the tax will be computed upon the consolidated tax
levy for the previous year. Any taxes owed shall become an
automatic lien upon the proceeds of any auction and shall be
remitted to the county treasurer before final distribution to
any person, as defined in this section. If proceeds are distributed in violation of this section, the seller or agent of the
seller shall assume all liability for taxes, interest, and penalties owed to the county treasurer. Any person violating the
provisions of this section shall be guilty of a misdemeanor.
For the purposes of this section, "person" includes a property
owner, mortgagor, creditor, or agent. [2003 c 23 § 2; 1991 c
245 § 20; 1961 c 15 § 84.56.120. Prior: 1925 ex.s. c 130 §
88; RRS § 11249; prior: 1907 c 29 § 2.]
forthwith certify such proportionate value to the county treasurer: PROVIDED, That excepting when property is being
acquired for public use, or where a person or financial institution desires to pay the taxes and any penalties and interest
on a mobile home upon which they have a lien by mortgage
or otherwise, no segregation of property for tax purposes
shall be made under this section unless all current year and
delinquent taxes and assessments on the entire tract have
been paid in full. The county treasurer, upon receipt of certification, shall duly accept payment and issue receipt on the
apportionment certified by the county assessor. In cases
where protest is filed to said division appeal shall be made to
the county legislative authority at its next regular session for
final division, and the county treasurer shall accept and
receipt for said taxes as determined and ordered by the county
legislative authority. Any person desiring to pay on an undivided interest in any real property may do so by paying to the
county treasurer a sum equal to such proportion of the entire
taxes charged on the entire tract as interest paid on bears to
the whole. [2003 c 23 § 3; 1997 c 393 § 16; 1996 c 153 § 2;
1994 c 301 § 53; 1985 c 395 § 4; 1971 ex.s. c 48 § 1; 1961 c
15 § 84.56.340. Prior: 1939 c 206 § 44; 1933 c 171 § 2; 1925
ex.s. c 130 § 103; RRS § 11264; prior: 1899 c 141 § 11; 1897
c 71 § 82; 1893 c 124 § 87; 1890 p 583 § 134. Formerly
RCW 84.56.340 and 84.56.350.]
Applicability—1996 c 153: See note following RCW 84.56.020.
Chapter 84.64
Chapter 84.64 RCW
LIEN FORECLOSURE
(Formerly: Certificates of delinquency)
Sections
84.64.060
84.64.080
Payment by interested person before day of sale.
Foreclosure proceedings—Judgment—Sale—Notice—Form
of deed—Recording.
84.64.060
84.64.060 Payment by interested person before day
of sale. Any person owning a recorded interest in lands or
lots upon which judgment is prayed, as provided in this chapter, may in person or by agent pay the taxes, interest and costs
due thereon to the county treasurer of the county in which the
same are situated, at any time before the day of the sale; and
for the amount so paid he or she shall have a lien on the property liable for taxes, interest and costs for which judgment is
prayed; and the person or authority who shall collect or
receive the same shall give a receipt for such payment, or
issue to such person a certificate showing such payment. If
paying by agent, the agent shall provide notarized documentation of the agency relationship. [2003 c 23 § 4; 2002 c 168
§ 9; 1963 c 88 § 1; 1961 c 15 § 84.64.060. Prior: 1925 ex.s.
c 130 § 118; RRS § 11279; prior: 1897 c 71 § 99.]
84.56.340
84.56.340 Payment on part of parcel or tract or on
undivided interest or fractional interest—Division—Certification—Appeal. Any person desiring to pay taxes upon
any part or parts of real property heretofore or hereafter
assessed as one parcel, or tract, or upon such person's undivided fractional interest in such a property, may do so by
applying to the county assessor, who must carefully investigate and ascertain the relative or proportionate value said part
or part interest bears to the whole tract assessed, on which
basis the assessment must be divided, and the assessor shall
[2003 RCW Supp—page 1132]
84.64.080
84.64.080 Foreclosure proceedings—Judgment—
Sale—Notice—Form of deed—Recording. The court shall
examine each application for judgment foreclosing tax lien,
and if defense (specifying in writing the particular cause of
objection) be offered by any person interested in any of the
lands or lots to the entry of judgment against the same, the
court shall hear and determine the matter in a summary manner, without other pleadings, and shall pronounce judgment
as the right of the case may be; or the court may, in its discre-
Lien Foreclosure
tion, continue such individual cases, wherein defense is
offered, to such time as may be necessary, in order to secure
substantial justice to the contestants therein; but in all other
cases the court shall proceed to determine the matter in a
summary manner as above specified. In all judicial proceedings of any kind for the collection of taxes, and interest and
costs thereon, all amendments which by law can be made in
any personal action pending in such court shall be allowed,
and no assessments of property or charge for any of the taxes
shall be considered illegal on account of any irregularity in
the tax list or assessment rolls or on account of the assessment rolls or tax list not having been made, completed or
returned within the time required by law, or on account of the
property having been charged or listed in the assessment or
tax lists without name, or in any other name than that of the
owner, and no error or informality in the proceedings of any
of the officers connected with the assessment, levying or collection of the taxes, shall vitiate or in any manner affect the
tax or the assessment thereof, and any irregularities or informality in the assessment rolls or tax lists or in any of the proceedings connected with the assessment or levy of such taxes
or any omission or defective act of any officer or officers
connected with the assessment or levying of such taxes, may
be, in the discretion of the court, corrected, supplied and
made to conform to the law by the court. The court shall give
judgment for such taxes, interest and costs as shall appear to
be due upon the several lots or tracts described in the notice
of application for judgment or complaint, and such judgment
shall be a several judgment against each tract or lot or part of
a tract or lot for each kind of tax included therein, including
all interest and costs, and the court shall order and direct the
clerk to make and enter an order for the sale of such real property against which judgment is made, or vacate and set aside
the certificate of delinquency or make such other order or
judgment as in the law or equity may be just. The order shall
be signed by the judge of the superior court, shall be delivered to the county treasurer, and shall be full and sufficient
authority for him or her to proceed to sell the property for the
sum as set forth in the order and to take such further steps in
the matter as are provided by law. The county treasurer shall
immediately after receiving the order and judgment of the
court proceed to sell the property as provided in this chapter
to the highest and best bidder for cash. The acceptable minimum bid shall be the total amount of taxes, interest, and
costs. All sales shall be made at a location in the county on a
date and time (except Saturdays, Sundays, or legal holidays)
as the county treasurer may direct, and shall continue from
day to day (Saturdays, Sundays, and legal holidays excepted)
during the same hours until all lots or tracts are sold, after
first giving notice of the time, and place where such sale is to
take place for ten days successively by posting notice thereof
in three public places in the county, one of which shall be in
the office of the treasurer. The notice shall be substantially in
the following form:
TAX JUDGMENT SALE
Public notice is hereby given that pursuant to real property tax judgment of the superior court of the county of
. . . . . . in the state of Washington, and an order of sale duly
issued by the court, entered the . . . . day of . . . . . ., . . . ., in
proceedings for foreclosure of tax liens upon real property, as
84.64.080
per provisions of law, I shall on the . . . . day of . . . . . ., . . . .,
at . . . . o'clock a.m., at . . . . . . in the city of . . . . . ., and
county of . . . . . ., state of Washington, sell the real property
to the highest and best bidder for cash, to satisfy the full
amount of taxes, interest and costs adjudged to be due.
In witness whereof, I have hereunto affixed my hand and
seal this . . . . day of . . . . . ., . . . . .
....................................
Treasurer of . . . . . . . . . . . . . . . . . . . . . . . . .
county
No county officer or employee shall directly or indirectly
be a purchaser of such property at such sale.
If any buildings or improvements are upon an area
encompassing more than one tract or lot, the same must be
advertised and sold as a single unit.
If the highest amount bid for any such separate unit tract
or lot is in excess of the minimum bid due upon the whole
property included in the certificate of delinquency, the excess
shall be refunded following payment of all water-sewer district liens, on application therefor, to the record owner of the
property. The record owner of the property is the person who
held title on the date of issuance of the certificate of delinquency. Assignments of interests, deeds, or other documents
executed or recorded after filing the certificate of delinquency shall not affect the payment of excess funds to the
record owner. In the event no claim for the excess is received
by the county treasurer within three years after the date of the
sale he or she shall at expiration of the three year period
deposit such excess in the current expense fund of the county.
The county treasurer shall execute to the purchaser of any
piece or parcel of land a tax deed. The deed so made by the
county treasurer, under the official seal of his or her office,
shall be recorded in the same manner as other conveyances of
real property, and shall vest in the grantee, his or her heirs and
assigns the title to the property therein described, without further acknowledgment or evidence of such conveyance, and
shall be substantially in the following form:
State of Washington
County of . . . . . . . . .





ss.
This indenture, made this . . . . day of . . . . . ., . . . . . .,
between . . . . . ., as treasurer of . . . . . . county, state of Washington, party of the first part, and . . . . . ., party of the second
part:
Witnesseth, that, whereas, at a public sale of real property held on the . . . . day of . . . . . ., . . . ., pursuant to a real
property tax judgment entered in the superior court in the
county of . . . . . . on the . . . . day of . . . . . ., . . . ., in proceedings to foreclose tax liens upon real property and an order of
sale duly issued by the court, . . . . . . duly purchased in compliance with the laws of the state of Washington, the following described real property, to wit: (Here place description of
real property conveyed) and that the . . . . . . has complied
with the laws of the state of Washington necessary to entitle
(him, or her or them) to a deed for the real property.
Now, therefore, know ye, that, I . . . . . ., county treasurer
of the county of . . . . . ., state of Washington, in consideration
[2003 RCW Supp—page 1133]
Chapter 84.69
Title 84 RCW: Property Taxes
of the premises and by virtue of the statutes of the state of
Washington, in such cases provided, do hereby grant and
convey unto . . . . . ., his or her heirs and assigns, forever, the
real property hereinbefore described.
Given under my hand and seal of office this . . . . day of
. . . . . ., A.D. . . . .
......................
County Treasurer.
[2003 c 23 § 5. Prior: 1999 c 153 § 72; 1999 c 18 § 8; 1991
c 245 § 27; 1981 c 322 § 5; 1965 ex.s. c 23 § 4; 1963 c 8 § 1;
1961 c 15 § 84.64.080; prior: 1951 c 220 § 1; 1939 c 206 §
47; 1937 c 118 § 1; 1925 ex.s. c 130 § 20; RRS § 11281;
prior: 1909 c 163 § 1; 1903 c 59 § 5; 1899 c 141 § 18; 1897
c 71 § 103; 1893 c 124 § 105; 1890 p 573 § 112; Code 1881
§ 2917. Formerly RCW 84.64.080, 84.64.090, 84.64.100,
and 84.64.110.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Validation—1963 c 8: "All rights acquired or any liability or obligation incurred under the provisions of this section prior to February 18, 1963,
or any process, proceeding, order, or judgment involving the assessment of
any property or the levy or collection of any tax thereunder, or any certificate
of delinquency, tax deed or other instrument given or executed thereunder, or
any claim or refund thereunder, or any sale or other proceeding thereunder
are hereby declared valid and of full force and effect." [1963 c 8 § 2.]
Chapter 84.69
Chapter 84.69 RCW
REFUNDS
Sections
84.69.050
84.69.070
Refund with respect to amounts paid state.
Refunds with respect to taxing districts—Administrative
expenses—Disposition of funds upon expiration of refund
orders.
84.69.050
84.69.050 Refund with respect to amounts paid state.
The part of the refund representing amounts paid to the state,
including interest as provided in RCW 84.69.100, shall be
paid from the county general fund and the department of revenue shall, upon the next succeeding settlement with the
county, certify this amount refunded to the county: PROVIDED, That when a refund of tax funds pursuant to state
levies is required, the department of revenue shall authorize
adjustment procedures whereby counties may deduct from
property tax remittances to the state the amount required to
cover the state's portion of the refunds. [2003 c 23 § 6; 1988
c 222 § 31; 1973 2nd ex.s. c 5 § 1; 1961 c 15 § 84.69.050.
Prior: 1957 c 120 § 5.]
84.69.070
84.69.070 Refunds with respect to taxing districts—
Administrative expenses—Disposition of funds upon
expiration of refund orders. Refunds ordered with respect
to taxing districts, including interest as provided in RCW
84.69.100, shall be paid by checks drawn by the county treasurer upon such available funds, if any, as the taxing districts
may have on deposit in the county treasury, or in the event
such funds are insufficient, then out of funds subsequently
accruing to such taxing district and on deposit in the county
treasury. When such refunds are made as a result of taxes
paid under levies or statutes adjudicated to be illegal or
unconstitutional all administrative costs including interest
paid on the refunds incurred by the county treasurer in mak[2003 RCW Supp—page 1134]
ing such refunds shall be a charge against the funds of such
districts and/or the state on a pro rata basis until the county
current expense fund is fully reimbursed for the administrative expenses incurred in making such refund: PROVIDED,
That whenever orders for refunds of ad valorem taxes promulgated by the county treasurer or county legislative authority and unpaid checks shall expire and become void as provided in RCW 84.69.110, then any moneys remaining in a
refund account established by the county treasurer for any
taxing district may be transferred by the county treasurer
from such refund account to the county current expense fund
to reimburse the county for the administrative expense
incurred in making refunds as prescribed herein. Any excess
then remaining in the taxing district refund account may then
be transferred by the county treasurer to the current expense
fund of the taxing district for which the tax was originally
levied and collected. [2003 c 23 § 7; 1991 c 245 § 38; 1973
2nd ex.s. c 5 § 3; 1963 c 114 § 1; 1961 c 270 § 2; 1961 c 15 §
84.69.070. Prior: 1957 c 120 § 7.]
Title 85
Title 85
DIKING AND DRAINAGE
Chapters
85.38 Special district creation and operation.
Chapter 85.38 RCW
SPECIAL DISTRICT CREATION AND OPERATION
Chapter 85.38
Sections
85.38.180
85.38.280
85.38.180
Special districts—Powers.
Cooperative watershed management.
85.38.180 Special districts—Powers. A special district
may:
(1) Engage in flood control activities, and investigate,
plan, construct, acquire, repair, maintain, and operate
improvements, works, projects, and facilities necessary to
prevent inundation or flooding from rivers, streams, tidal
waters or other waters. Such facilities include dikes, levees,
dams, banks, revetments, channels, canals, drainage ditches,
tide gates, flood gates, and other works, appliances, machinery, and equipment.
(2) Engage in drainage control, storm water control, and
surface water control activities, and investigate, plan, construct, acquire, repair, maintain, and operate improvements,
works, projects, and facilities necessary to control and treat
storm water, surface water, and flood water. Such facilities
include drains, flood gates, drainage ditches, tide gates,
ditches, canals, nonsanitary sewers, pumps, and other works,
appliances, machinery, and equipment.
(3) Engage in lake or river restoration, aquatic plant control, and water quality enhancement activities.
(4) Take actions necessary to protect life and property
from inundation or flow of flood waters, storm waters, or surface waters.
(5) Acquire, purchase, condemn by power of eminent
domain pursuant to chapters 8.08 and 8.25 RCW, or lease, in
its own name, necessary property, property rights, facilities,
and equipment.
Flood Control
86.15.050
86.15.035
(6) Sell or exchange surplus property, property rights,
facilities, and equipment.
(7) Accept funds and property by loan, grant, gift, or otherwise from the United States, the state of Washington, or
any other public or private source.
(8) Hire staff, employees, or services, or use voluntary
labor.
(9) Sue and be sued.
(10) Cooperate with or join the United States, the state of
Washington, or any other public or private entity or person
for district purposes.
(11) Enter into contracts.
(12) Exercise any of the usual powers of a corporation
for public purposes. [2003 c 392 § 1; 1991 c 349 § 17; 1985
c 396 § 19.]
85.38.280
85.38.280 Cooperative watershed management. In
addition to the authority provided throughout this title, diking, drainage, sewerage improvement, and similar districts
organized pursuant to this title may participate in and expend
revenue on cooperative watershed management actions,
including watershed management partnerships under RCW
39.34.210 and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and
habitat protection and management. [2003 c 327 § 17.]
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
Title 86
Title 86
FLOOD CONTROL
Chapters
86.09 Flood control districts—1937 act.
86.15 Flood control zone districts.
86.26 State participation in flood control maintenance.
Chapter 86.09 RCW
FLOOD CONTROL DISTRICTS—1937 ACT
Chapter 86.09
Sections
86.09.720
Cooperative watershed management.
86.09.720
86.09.720 Cooperative watershed management. In
addition to the authority provided in this chapter, flood control districts may participate in and expend revenue on cooperative watershed management actions, including watershed
management partnerships under RCW 39.34.210 and other
intergovernmental agreements, for purposes of water supply,
water quality, and water resource and habitat protection and
management. [2003 c 327 § 18.]
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
Chapter 86.15
Chapter 86.15 RCW
FLOOD CONTROL ZONE DISTRICTS
Sections
86.15.035
86.15.050
86.15.160
Cooperative watershed management.
Zones—Supervisors—Election of supervisors.
Excess levies, assessments, regular levies, and charges—Local
improvement districts.
86.15.035 Cooperative watershed management. In
addition to the authority provided in this chapter, flood control zone districts may participate in and expend revenue on
cooperative watershed management actions, including watershed management partnerships under RCW 39.34.210 and
other intergovernmental agreements, for purposes of water
supply, water quality, and water resource and habitat protection and management. [2003 c 327 § 19.]
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
86.15.050
86.15.050 Zones—Supervisors—Election of supervisors. (1) The board of county commissioners of each county
shall be ex officio, by virtue of their office, supervisors of the
zones created in each county. In any zone with more than
two thousand residents, an election of supervisors other than
the board of county commissioners may be held as provided
in this section.
(2) When proposed by citizen petition or by resolution of
the board of county commissioners, a ballot proposition
authorizing election of the supervisors of a zone shall be submitted by ordinance to the voters residing in the zone at any
general election, or at any special election which may be
called for that purpose.
(3) The ballot proposition shall be submitted (a) if the
board of county supervisors enacts an ordinance submitting
the proposition after adopting a resolution proposing the election of supervisors of a zone; or (b) if a petition proposing the
election of supervisors of a zone is submitted to the county
auditor of the county in which the zone is located that is
signed by registered voters within the zone, numbering at
least fifteen percent of the votes cast in the last county general election by registered voters within the zone.
(4) Upon receipt of a citizen petition under subsection
(3)(b) of this section, the county auditor shall determine
whether the petition is signed by a sufficient number of registered voters, using the registration records and returns of the
preceding general election, and, no later than forty-five days
after receipt of the petition, shall attach to the petition the
auditor's certificate stating whether or not sufficient signatures have been obtained. If the signatures are found by the
auditor to be insufficient, the petition shall be returned to the
person filing it.
(5) The ballot proposition authorizing election of supervisors of zones shall appear on the ballot of the next general
election or at the next special election date specified under
*RCW 29.13.020 occurring sixty or more days after the last
resolution proposing election of supervisors or the date the
county auditor certifies that the petition proposing such election contains sufficient valid signatures.
(6) The petition proposing the election of zone supervisors, or the ordinance submitting the question to the voters,
shall describe the proposed election process. The ballot proposition shall include the following:
â "For the direct election of flood control zone district
supervisors."
â "Against the direct election of flood control zone district supervisors."
(7) The ordinance or petition submitting the ballot proposition shall designate the proposed composition of the
supervisors of zones, which shall be clearly described in the
[2003 RCW Supp—page 1135]
86.15.160
Title 86 RCW: Flood Control
ballot proposition. The ballot proposition shall state that the
zone supervisors shall thereafter be selected by election, and,
at the same election at which the proposition is submitted to
the voters as to whether to elect zone supervisors, three zone
supervisors shall be elected. The election of zone supervisors
is null and void if the voters, by a simple majority, do not
approve the direct election of the zone supervisors. Candidates shall run for specific supervisor positions. No primary
may be held to nominate candidates. The person receiving
the greatest number of votes for each position shall be elected
as a supervisor. The staggering of the terms of office shall
occur as follows: (a) The person who is elected receiving the
greatest number of votes shall be elected to a six-year term of
office if the election is held in an odd-numbered year or a
five-year term of office if the election is held in an even-numbered year; (b) the person who is elected receiving the second
greatest number of votes shall be elected to a four-year term
of office if the election is held in an odd-numbered year or a
three-year term of office if the election is held in an evennumbered year; and (c) the other person who is elected shall
be elected to a two-year term of office if the election is held
in an odd-numbered year or a one-year term of office if the
election is held in an even-numbered year. The initial supervisors shall take office immediately when they are elected
and qualified, and for purposes of computing their terms of
office the terms shall be assumed to commence on the first
day of January in the year after they are elected. Thereafter,
all supervisors shall be elected to six-year terms of office. All
supervisors shall serve until their respective successors are
elected and qualified and assume office in accordance with
**RCW 29.04.170. Vacancies may occur and shall be filled
as provided in chapter 42.12 RCW.
(8) The costs and expenses directly related to the election
of zone supervisors shall be borne by the zone. [2003 c 304
§ 1; 1961 c 153 § 5.]
Reviser's note: *(1) RCW 29.13.020 was recodified as RCW
29A.04.330 pursuant to 2003 c 111 § 2401, effective July 1, 2004.
**(2) RCW 29.04.170 was recodified as RCW 29A.20.040 pursuant to
2003 c 111 § 2401, effective July 1, 2004.
(4) A charge, under RCW 36.89.080, for the furnishing
of service to those who are receiving or will receive benefits
from storm water control facilities and who are contributing
to an increase in surface water runoff. The rate or charge
imposed under this section shall be reduced by a minimum of
ten percent for any new or remodeled commercial building
that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the
available roof surface of the building. The jurisdiction shall
consider rate reductions in excess of ten percent dependent
upon the amount of rainwater harvested;
(5) Except as otherwise provided in RCW 90.03.525,
any public entity and public property, including the state and
state property, shall be liable for the charges to the same
extent a private person and privately owned property is liable
for the charges, and in setting these rates and charges, consideration may be made of in-kind services, such as stream
improvements or donation of property;
(6) The creation of local improvement districts and utility local improvement districts, the issuance of improvement
district bonds and warrants, and the imposition, collection,
and enforcement of special assessments on all property,
including any state-owned or other publicly-owned property,
specially benefited from improvements in the same manner
as provided for counties by chapter 36.94 RCW. [2003 c 394
§ 8; 1986 c 278 § 60; 1983 c 315 § 19; 1973 1st ex.s. c 195 §
131; 1961 c 153 § 16.]
Severability—1986 c 278: See note following RCW 36.01.010.
Severability—1983 c 315: See note following RCW 90.03.500.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Rates and charges for storm water control facilities—Limitations—Definitions: RCW 90.03.500 through 90.03.525. See also RCW 35.67.025,
35.92.021, 36.89.085, and 36.94.145.
Chapter 86.26
Chapter 86.26 RCW
STATE PARTICIPATION IN FLOOD
CONTROL MAINTENANCE
Sections
86.26.007
Flood control assistance account—Use.
86.15.160
86.15.160 Excess levies, assessments, regular levies,
and charges—Local improvement districts. For the purposes of this chapter the supervisors may authorize:
(1) An annual excess ad valorem tax levy within any
zone or participating zones when authorized by the voters of
the zone or participating zones under RCW 84.52.052 and
84.52.054;
(2) An assessment upon property, including state property, specially benefited by flood control improvements or
storm water control improvements imposed under chapter
86.09 RCW;
(3) Within any zone or participating zones an annual ad
valorem property tax levy of not to exceed fifty cents per
thousand dollars of assessed value when the levy will not take
dollar rates that other taxing districts may lawfully claim and
that will not cause the combined levies to exceed the constitutional and/or statutory limitations, and the additional levy,
or any portion thereof, may also be made when dollar rates of
other taxing units is released therefor by agreement with the
other taxing units from their authorized levies;
[2003 RCW Supp—page 1136]
86.26.007
86.26.007 Flood control assistance account—Use.
The flood control assistance account is hereby established in
the state treasury. At the beginning of the 1997-99 fiscal
biennium and each biennium thereafter the state treasurer
shall transfer four million dollars from the general fund to the
flood control assistance account. Moneys in the flood control
assistance account may be spent only after appropriation for
purposes specified under this chapter. During the 2003-2005
fiscal biennium, the legislature may transfer from the flood
control assistance account to the state general fund such
amounts as reflect the excess fund balance of the account.
[2003 1st sp.s. c 25 § 943; 1997 c 149 § 914; 1996 c 283 §
903; 1995 2nd sp.s. c 18 § 915; 1993 sp.s. c 24 § 928; 1991
sp.s. c 13 § 24; 1986 c 46 § 1; 1985 c 57 § 88; 1984 c 212 § 1.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—1997 c 149: See notes following RCW
43.08.250.
Severability—Effective date—1996 c 283: See notes following RCW
43.08.250.
Irrigation
Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.165.070.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Title 87
Title 87
IRRIGATION
Chapters
87.03 Irrigation districts generally.
87.80 Joint control of irrigation districts.
Chapter 87.03
Chapter 87.03 RCW
IRRIGATION DISTRICTS GENERALLY
Sections
87.03.019
87.03.200
87.03.490
Cooperative watershed management.
Bonds—Election for—Form and contents—Exchange—Cancellation—Sale and issue—Reissue—Election concerning
contract with United States—Penalty. (Effective July 1,
2004.)
Local improvement districts—Adoption of plan—Bonds—
Form and contents—Facsimile signatures, when, procedure—New lands may be included—Penalty. (Effective July
1, 2004.)
87.03.019
87.03.019 Cooperative watershed management. In
addition to the authority provided throughout this title, an
irrigation district, reclamation district, and similar districts
organized pursuant to the authority of this title may participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under RCW 39.34.210 and other intergovernmental
agreements, for purposes of water supply, water quality, and
water resource and habitat protection and management.
[2003 c 327 § 15.]
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
87.03.200
87.03.200 Bonds—Election for—Form and contents—Exchange—Cancellation—Sale and issue—Reissue—Election concerning contract with United States—
Penalty. (Effective July 1, 2004.) (1) At the election provided for in RCW 87.03.190, there shall be submitted to the
electors of the district possessing the qualifications prescribed by law the question of whether or not the bonds of the
district in the amount and of the maturities determined by the
board of directors shall be issued. Bonds issued under the
provisions of *this act shall be serial bonds payable in legal
currency of the United States in such series and amounts as
shall be determined and declared by the board of directors in
the resolution calling the election: PROVIDED, That the
first series shall mature not later than ten years and the last
series not later than forty years from the date thereof: PROVIDED FURTHER, That bonds, authorized by a special
election held in the district under the provisions of a former
statute, which has subsequent to the authorization been
amended, but not issued prior to the amendment of the former
statute, may be issued in the form provided in the former stat-
87.03.200
ute, and any such bonds heretofore or hereafter so issued and
sold are hereby confirmed and validated.
Notice of such bond election must be given by publication of such notice in some newspaper published in the
county where the office of the board of directors of such district is required to be kept, once a week for at least two weeks
(three times). Such notices must specify the time of holding
the election, and the amount and maturities of bonds proposed to be issued; and the election must be held and the
results thereof determined and declared in all respects as
nearly as practicable in conformity with the provisions of law
governing the election of the district officers: PROVIDED,
That no informality in conducting such election shall invalidate the same, if the election shall have been otherwise fairly
conducted. At such election the ballots shall contain the
words "Bonds Yes" and "Bonds No," or words equivalent
thereto. If a majority of the votes cast are cast "Bonds Yes,"
the board of directors shall thereupon have authority to cause
bonds in such amount and maturities to be issued. If the
majority of the votes cast at any bond election are "Bonds
No," the result of such election shall be so declared and
entered of record; but if contract is made or is to be made with
the United States as in RCW 87.03.140 provided, and bonds
are not to be deposited with the United States in connection
with such contract, the question submitted at such special
election shall be whether contract shall be entered into with
the United States. The notice of election shall state under the
terms of what act or acts of congress contract is proposed to
be made, and the maximum amount of money payable to the
United States for construction purposes exclusive of penalties
and interest. The ballots for such election shall contain the
words "Contract with the United States Yes" and "Contract
with the United States No," or words equivalent thereto. And
whenever thereafter the board, in its judgment, deems it for
the best interest of the district that the question of issuance of
bonds for such amount, or any amount, or the question of
entering into a contract with the United States, shall be submitted to the electors, it shall so declare, by resolution
recorded in its minutes, and may thereupon submit such question to the electors in the same manner and with like effect as
at such previous election.
(2) All bonds issued under *this act shall bear interest at
such rate or rates as the board of directors may determine,
payable semiannually on the first day of January and of July
of each year. The principal and interest shall be payable at
the office of the county treasurer of the county in which the
office of the board of directors is situated, or if the board of
directors shall so determine at the fiscal agency of the state of
Washington in New York City, the place of payment to be
designated in the bond. The bonds may be in such denominations as the board of directors may in its discretion determine,
except that bonds other than bond number one of any issue
shall be in a denomination that is a multiple of one hundred
dollars. Such bonds may be in any form, including bearer
bonds or registered bonds as provided in RCW 39.46.030.
The bonds shall be negotiable in form, signed by the president and secretary, and the seal of the district shall be affixed
thereto. The printed, engraved, or lithographed facsimile signatures of the president and secretary of the district's board of
directors shall be sufficient signatures on the bonds or any
coupons: PROVIDED, That such facsimile signatures on the
[2003 RCW Supp—page 1137]
87.03.200
Title 87 RCW: Irrigation
bonds may be used only after the filing, by the officer whose
facsimile signature is to be used, with the secretary of state of
his or her manual signature certified by him or her under oath,
whereupon that officer's facsimile signature has the same
legal effect as his or her manual signature: PROVIDED,
FURTHER, That either the president of the board of directors' or the secretary's signature on the bonds shall be manually subscribed: AND PROVIDED FURTHER, That whenever such facsimile reproduction of the signature of any
officer is used in place of the manual signature of such
officer, the district's board of directors shall specify in a written order or requisition to the printer, engraver, or lithographer the number of bonds or any coupons upon which such
facsimile signature is to be printed, engraved, or lithographed
and the manner of numbering the bonds or any coupons upon
which such signature shall be placed. Within ninety days
after the completion of the printing, engraving, or lithographing of such bonds or any coupons, the plate or plates used for
the purpose of affixing the facsimile signature shall be
destroyed, and it shall be the duty of the district's board of
directors, within ninety days after receipt of the completed
bonds or any coupons, to ascertain that such plate or plates
have been destroyed. Every printer, engraver, or lithographer
who, with the intent to defraud, prints, engraves, or lithographs a facsimile signature upon any bond or any coupon
without written order of the district's board of directors, or
fails to destroy such plate or plates containing the facsimile
signature upon direction of such issuing authority, is guilty of
a class B felony punishable according to chapter 9A.20
RCW.
(3) Whenever the electors shall vote to authorize the
issuance of bonds of the district such authorization shall nullify and cancel all unsold bonds previously authorized, and if
the question is submitted to and carried by the electors at the
bond election, any bond issue may be exchanged in whole or
in part, at par, for any or all of a valid outstanding bond issue
of the district when mutually agreeable to the owner or owners thereof and the district, and the amount of the last bond
issue in excess, if any, of that required for exchange purposes, may be sold as in the case of an original issue. The
bonds of any issue authorized to be exchanged in whole or in
part for outstanding bonds shall state on their face the amount
of such issue so exchanged, and shall contain a certificate of
the treasurer of the district as to the amount of the bonds
exchanged, and that the outstanding bonds have been surrendered and canceled: PROVIDED FURTHER, That where
bonds have been authorized and unsold, the board of directors may submit to the qualified voters of the district the
question of canceling the previous authorization, which question shall be submitted upon the same notice and under the
same regulations as govern the submission of the original
question of authorizing a bond issue. At such election the
ballots shall contain the words "Cancellation Yes," and "Cancellation No," or words equivalent thereto. If at such election
a majority of the votes are "Cancellation Yes," the issue shall
be thereby canceled and no bonds may be issued thereunder.
If the majority of ballots are "Cancellation No," the original
authorization shall continue in force with like effect as
though the cancellation election had not been held: PROVIDED, That bonds deposited with the United States in payment or in pledge may call for the payment of such interest at
[2003 RCW Supp—page 1138]
such rate or rates, may be of such denominations, and call for
the repayment of the principal at such times as may be agreed
upon between the board and the secretary of the interior.
(4) Each issue shall be numbered consecutively as
issued, and the bonds of each issue shall be numbered consecutively and bear date at the time of their issue. The bonds
may be in any form, including bearer bonds or registered
bonds as provided in RCW 39.46.030. The bonds shall
express upon their face that they were issued by authority of
**this act, stating its title and date of approval, and shall also
state the number of issue of which such bonds are a part. In
case the money received by the sale of all bonds issued be
insufficient for the completion of plans of the canals and
works adopted, and additional bonds be not voted, or a contract calling for additional payment to the United States be
not authorized and made, as the case may be, it shall be the
duty of the board of directors to provide for the completion of
the plans by levy of assessments therefor. It shall be lawful
for any irrigation districts which have heretofore issued and
sold bonds under the law then in force, to issue in place
thereof an amount of bonds not in excess of such previous
issue, and to sell the same, or any part thereof, as hereinafter
provided, or exchange the same, or any part thereof, with the
owners of such previously issued bonds which may be outstanding, upon such terms as may be agreed upon between
the board of directors of the district and the holders of such
outstanding bonds: PROVIDED, That the question of such
reissue of bonds shall have been previously voted upon
favorably by the legally qualified electors of such district, in
the same manner as required for the issue of original bonds,
and the board shall not exchange any such bonds for a less
amount in par value of the bonds received; all of such old
issue in place of which new bonds are issued shall be
destroyed whenever lawfully in possession of the board.
Bonds issued under the provisions of this section may, when
so authorized by the electors, include a sum sufficient to pay
the interest thereon for a period not exceeding the first four
years. Whenever an issue of bonds shall have been authorized pursuant to law, and any of the earlier series shall have
been sold, and the later series, or a portion thereof, remain
unsold, the directors may sell such later series pursuant to
law, or such portion thereof as shall be necessary to pay the
earlier series, or the directors may exchange the later series
for the earlier series at not less than the par value thereof, the
sale or exchange to be made not more than six months before
the maturity of the earlier series and upon the exchange being
made the maturing bonds shall be disposed of as hereinbefore
provided in the case of bonds authorized to be exchanged in
whole or in part for outstanding bonds.
(5) Notwithstanding subsections (1) through (4) of this
section, such bonds may be issued and sold in accordance
with chapter 39.46 RCW. [2003 c 53 § 411; 1983 c 167 §
213; 1977 ex.s. c 119 § 1; 1970 ex.s. c 56 § 95; 1969 ex.s. c
232 § 46; 1963 c 68 § 2; 1923 c 138 § 9; 1921 c 129 § 8; 1917
c 162 § 3A; 1915 c 179 § 7; 1895 c 165 § 5; 1889-90 p 679 §
15; RRS § 7432. Formerly RCW 87.16.020 through
87.16.070.]
Reviser's note: *(1) "This act" appears to refer to 1921 c 129.
**(2) "This act" appears to refer to 1889-90 p. 679.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Joint Control of Irrigation Districts
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
87.03.490
87.03.490 Local improvement districts—Adoption of
plan—Bonds—Form and contents—Facsimile signatures, when, procedure—New lands may be included—
Penalty. (Effective July 1, 2004.) (1) If decision shall be
rendered in favor of the improvement, the board shall enter
an order establishing the boundaries of the improvement district and shall adopt plans for the proposed improvement and
determine the number of annual installments not exceeding
fifty in which the cost of the improvement shall be paid. The
cost of the improvement shall be provided for by the issuance
of local improvement district bonds of the district from time
to time, therefor, either directly for the payment of the labor
and material or for the securing of funds for such purpose, or
by the irrigation district entering into a contract with the
United States or the state of Washington, or both, to repay the
cost of the improvement. The bonds shall bear interest at a
rate or rates determined by the board, payable semiannually,
and shall state upon their face that they are issued as bonds of
the irrigation district; that all lands within the local improvement district shall be primarily liable to assessment for the
principal and interest of the bonds and that the bonds are also
a general obligation of the district. The bonds may be in such
denominations as the board of directors may in its discretion
determine, except that bonds other than bond number one of
any issue shall be in a denomination that is a multiple of one
hundred dollars, and no bond shall be sold for less than par.
Any contract entered into for the local improvement by the
district with the United States or the state of Washington, or
both although all the lands within the local improvement district shall be primarily liable to assessment for the principal
and interest thereon, shall be a general obligation of the irrigation district. Such bonds may be in any form, including
bearer bonds or registered bonds as provided in RCW
39.46.030.
(2) No election shall be necessary to authorize the issuance of such local improvement bonds or the entering into of
such a contract. Such bonds, when issued, shall be signed by
the president and secretary of the irrigation district with the
seal of the district affixed. The printed, engraved, or lithographed facsimile signatures of the president and secretary of
the district's board of directors shall be sufficient signatures
on the bonds or any coupons: PROVIDED, That such facsimile signatures on the bonds may be used only after the filing, by the officer whose facsimile signature is to be used,
with the secretary of state of his or her manual signature certified by him or her under oath, whereupon that officer's facsimile signature has the same legal effect as his or her manual
signature: PROVIDED, FURTHER, That either the president of the board of directors' or the secretary's signature on
the bonds shall be manually subscribed: AND PROVIDED
FURTHER, That whenever such facsimile reproduction of
the signature of any officer is used in place of the manual signature of such officer, the district's board of directors shall
specify in a written order or requisition to the printer,
engraver, or lithographer the number of bonds or any cou-
87.80.005
pons upon which such facsimile signature is to be printed,
engraved, or lithographed and the manner of numbering the
bonds or any coupons upon which such signature shall be
placed. Within ninety days after the completion of the printing, engraving, or lithographing of such bonds or any coupons, the plate or plates used for the purpose of affixing the
facsimile signature shall be destroyed, and it shall be the duty
of the district's board of directors, within ninety days after
receipt of the completed bonds or any coupons, to ascertain
that such plate or plates have been destroyed. Every printer,
engraver, or lithographer who, with the intent to defraud,
prints, engraves, or lithographs a facsimile signature upon
any bond or coupon without written order of the district's
board of directors, or fails to destroy such plate or plates containing the facsimile signature upon direction of such issuing
authority, is guilty of a class B felony punishable according
to chapter 9A.20 RCW.
(3) The proceeds from the sale of such bonds shall be
deposited with the treasurer of the district, who shall place
them in a special fund designated "Construction fund of local
improvement district number . . . . . ."
(4) Whenever such improvement district has been organized, the boundaries thereof may be enlarged to include
other lands which can be served or will be benefited by the
proposed improvement upon petition of the owners thereof
and the consent of the United States or the state of Washington, or both, in the event the irrigation district has contracted
with the United States or the state of Washington, or both, to
repay the cost of the improvement: PROVIDED, That at
such time the lands so included shall pay their equitable proportion upon the basis of benefits of the improvement theretofore made by the local improvement district and shall be
liable for the indebtedness of the local improvement district
in the same proportion and same manner and subject to
assessment as if the lands had been incorporated in the
improvement district at the beginning of its organization.
(5) Notwithstanding this section, such bonds may be
issued and sold in accordance with chapter 39.46 RCW.
[2003 c 53 § 412; 1983 c 167 § 223; 1981 c 156 § 30; 1977
ex.s. c 119 § 2; 1970 ex.s. c 70 § 2; 1921 c 129 § 27; 1919 c
180 § 16; 1917 c 162 § 12; RRS § 7462. Formerly RCW
87.36.040.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Chapter 87.80 RCW
JOINT CONTROL OF IRRIGATION DISTRICTS
Chapter 87.80
Sections
87.80.005
87.80.030
87.80.130
87.80.901
Definitions.
Form and contents of petition—Map.
Powers of board of joint control—Limitation.
Construction—2003 c 306.
87.80.005
87.80.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Area of jurisdiction" means all lands within the
exterior boundary of the composite area served by the irrigation entities that comprise the board of joint control as the
[2003 RCW Supp—page 1139]
87.80.030
Title 87 RCW: Irrigation
boundary is represented on the map filed under RCW
87.80.030.
(2) "Irrigation entity" means an irrigation district or an
operating entity for a division within a federal reclamation
project. For the purposes of this chapter, a water company, a
water users' association, a municipality, a water right owner
and user of irrigation water, or any other entity that provides
irrigation water as a primary purpose, is an irrigation entity
when creating or joining a board of joint control with an irrigation district or operating entity for a division within a federal reclamation project.
(3) "Joint use facilities" means those works, including
reservoirs, canals, ditches, natural streams in which the irrigation entity has rights of conveyance under RCW 90.03.030,
hydroelectric facilities, pumping stations, drainage works,
reserved works as may be transferred by contracts with the
United States, and system interties that are determined by the
board of joint control to provide common benefit to its members.
(4) "Ownership interest" means the irrigation entity
holds water rights in its name for the benefit of itself, its
water users or, in federal reclamation projects, the irrigation
entity has a contractual responsibility for delivery of water to
its individual water users.
(5) "Source of water" means a hydrological distinct river
and tributary system or aquifer system from which board of
joint control member entities appropriate water. [2003 c 306
§ 1; 1996 c 320 § 2.]
87.80.030
87.80.030 Form and contents of petition—Map. The
petition for the creation of a board of joint control shall be
addressed to the board of county commissioners, shall
describe generally the relationship, if any, of the irrigation
entities to an established federal reclamation project, the primary water works of the entities including reservoirs, main
canals, hydroelectric facilities, pumping stations, and drainage facilities, giving them their local names, if any they have,
and shall show generally the physical relationship of the
lands being watered from the water facilities. However,
lands included in any irrigation entity involved need not be
described individually but shall be included by stating the
name of the irrigation entity and all the irrigable lands in the
irrigation entity named shall by that method be deemed to be
involved unless otherwise specifically stated in the petition.
Further, the petition must propose the formula for board of
joint control apportionment of costs among its members, and
may propose the composition of the board of joint control as
to membership, chair, and voting structure. When a board of
joint control includes irrigation entities other than an irrigation district or an operating entity for a division within a federal reclamation project as provided in RCW 87.80.005, the
voting structure must be such that the votes apportioned to
those entities are less than fifty percent of the total votes.
The petition shall also state generally the reasons for the
creation of a board of joint control and any other matter the
petitioners deem material, and shall allege that it is in the
public interest and to the benefit of all the owners of the lands
receiving water within the area of jurisdiction, that the board
of joint control be created and request that the board of
county commissioners consider the petition and take the necessary steps provided by law for the creation of a board of
[2003 RCW Supp—page 1140]
joint control. The petition shall be accompanied by a map
showing the area of jurisdiction and the general location of
the water supply and distribution facilities. [2003 c 306 § 2;
1996 c 320 § 4; 1949 c 56 § 3; Rem. Supp. 1949 § 7505-22.]
87.80.130
87.80.130 Powers of board of joint control—Limitation. (1) A board of joint control created under the provisions
of this chapter shall have full authority within its area of jurisdiction to enter into and perform any and all necessary contracts; to accept grants and loans, including, but not limited
to, those provided under chapters 43.83B and 43.99E RCW,
to appoint and employ and discharge the necessary officers,
agents, and employees; to sue and be sued as a board but
without personal liability of the members thereof in any and
all matters in which all the irrigation entities represented on
the board as a whole have a common interest without making
the irrigation entities parties to the suit; to represent the entities in all matters of common interest as a whole within the
scope of this chapter; and to do any and all lawful acts
required and expedient to carry out the purposes of this chapter. A board of joint control may, subject to the same limitations as an irrigation district operating under chapter 87.03
RCW, acquire any property or property rights for use within
the board's area of jurisdiction by power of eminent domain;
acquire, purchase, or lease in its own name all necessary real
or personal property or property rights; and sell, lease, or
exchange any surplus real or personal property or property
rights. Any transfers of water, however, are limited to transfers authorized under subsection (2) of this section.
(2)(a) A board of joint control is authorized and encouraged to pursue conservation and system efficiency improvements to optimize the use of appropriated waters and to either
redistribute the saved water within its area of jurisdiction, or
transfer the water to others, or both. A redistribution of saved
water as an operational practice internal to the board of joint
control's area of jurisdiction, may be authorized if it can be
made without detriment or injury to rights existing outside of
the board of control's area of jurisdiction, including instream
flow water rights established under state or federal law.
(b) Prior to undertaking a water conservation or system
efficiency improvement project that will result in a redistribution of saved water, the board of joint control must consult
with the department of ecology and, if the board's jurisdiction
is within a United States reclamation project, the board must
obtain the approval of the bureau of reclamation. The purpose of such consultation is to assure that the proposal will
not impair the rights of other water holders or bureau of reclamation contract water users.
(c) A board of joint control does not have the power to
authorize a change of any water right that would change the
point or points of diversion, purpose of use, or place of use
outside the board's area of jurisdiction, without the approval
of the department of ecology pursuant to RCW 90.03.380
and, if the board's jurisdiction is within a United States reclamation project, the approval of the bureau of reclamation.
Any change in place of use that results from a transfer of
water between the individual entities of the board of joint
control shall not result in any reduction in the total water supply available in a federal reclamation project. In making the
determination of whether a change of place of use in an area
covered by a federal reclamation project will result in a
Navigation and Harbor Improvements
88.02.118
88.02.055
reduction in the total water supply available, the board of
joint control shall consult with the bureau of reclamation.
(d) The board of joint control shall notify the department
of ecology, and any Indian tribe requesting notice, of transfers of water between the individual entities of the board of
joint control. This subsection (2)(d) applies only to a board
of joint control created after January 1, 2003.
(3) A board of joint control is authorized to design, construct, and operate either drainage projects, or water quality
enhancement projects, or both.
(4) Where the board of joint control area of jurisdiction
is totally within a federal reclamation project, the board is
authorized to accept operational responsibility for federal
reserved works.
(5) Nothing contained in this chapter gives a board of
joint control the authority to abridge the existing rights,
responsibilities, and authorities of an individual irrigation
entity or others within the area of jurisdiction; nor in a case
where the board of joint control consists of representatives of
two or more divisions of a federal reclamation project shall
the board of joint control abridge any powers of an existing
board of control created through federal contract; nor shall a
board of joint control have any authority to abridge or modify
a water right benefiting lands within its area of jurisdiction
without consent of the party holding the ownership interest in
the water right.
(6) A board of joint control created under this chapter
may not use any authority granted to it by this chapter or by
RCW 90.03.380 to authorize a transfer of or change in a
water right or to authorize a redistribution of saved water
before July 1, 1997. [2003 c 306 § 3; 1998 c 84 § 2; 1996 c
320 § 11; 1949 c 56 § 12; Rem. Supp. 1949 § 7505-31.]
87.80.901
87.80.901 Construction—2003 c 306. The provisions
of chapter 306, Laws of 2003 shall not be construed or interpreted to authorize the impairment of any existing water
rights. [2003 c 306 § 4.]
Title 88
Title 88
NAVIGATION AND HARBOR
IMPROVEMENTS
Chapters
88.02 Vessel registration.
88.08 Specific acts prohibited.
88.16 Pilotage act.
88.40 Transport of petroleum products—Financial
responsibility.
88.46 Vessel oil spill prevention and response.
Chapter 88.02
Chapter 88.02 RCW
VESSEL REGISTRATION
(Formerly: Watercraft registration)
Sections
88.02.055
88.02.118
Refund, collection of erroneous amounts—Penalty for false
statement. (Effective July 1, 2004.)
Evasive registration—Penalty. (Effective July 1, 2004.)
88.02.055 Refund, collection of erroneous amounts—
Penalty for false statement. (Effective July 1, 2004.) (1)
Whenever any license fee paid under this chapter has been
erroneously paid, in whole or in part, the person paying the
fee, upon satisfactory proof to the director of licensing, is
entitled to a refund of the amount erroneously paid.
(2) A license fee is refundable in one or more of the following circumstances: (a) If the vessel for which the renewal
license was purchased was destroyed before the beginning
date of the registration period for which the renewal fee was
paid; (b) if the vessel for which the renewal license was purchased was permanently removed from the state before the
beginning date of the registration period for which the
renewal fee was paid; (c) if the vessel license was purchased
after the owner has sold the vessel; (d) if the vessel is currently licensed in Washington and is subsequently licensed in
another jurisdiction, in which case any full months of Washington fees between the date of license application in the
other jurisdiction and the expiration of the Washington
license are refundable; or (e) if the vessel for which the
renewal license was purchased is sold before the beginning
date of the registration period for which the renewal fee was
paid, and the payor returns the new, unused, never affixed
license renewal decal to the department before the beginning
of the registration period for which the registration was purchased.
(3) Upon the refund being certified as correct to the state
treasurer by the director and being claimed in the time
required by law, the state treasurer shall mail or deliver the
amount of each refund to the person entitled to the refund.
(4) A claim for refund shall not be allowed for erroneous
payments unless the claim is filed with the director within
three years after such payment was made.
(5) If due to error a person has been required to pay a
license fee under this chapter and excise tax which amounts
to an overpayment of ten dollars or more, the person is entitled to a refund of the entire amount of the overpayment,
regardless of whether a refund of the overpayment has been
requested. If due to error the department or its agents has
failed to collect the full amount of the license fee and excise
tax due, which underpayment is in the amount of ten dollars
or more, the department shall charge and collect the additional amount as will constitute full payment of the tax and
fees.
(6) Any person who makes a false statement under which
he or she obtains a refund to which he or she is not entitled
under this section is guilty of a gross misdemeanor. [2003 c
53 § 413; 1997 c 22 § 2; 1996 c 31 § 2; 1989 c 68 § 5.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
88.02.118
88.02.118 Evasive registration—Penalty. (Effective
July 1, 2004.) It is a gross misdemeanor punishable as provided under chapter 9A.20 RCW for any person owning a
vessel subject to taxation under chapter 82.49 RCW to register a vessel in another state to avoid Washington state vessel
excise tax required under chapter 82.49 RCW or to obtain a
vessel dealer's registration for the purpose of evading excise
tax on vessels under chapter 82.49 RCW. For a second or
subsequent offense, the person convicted is also subject to a
fine equal to four times the amount of avoided taxes and fees,
[2003 RCW Supp—page 1141]
Chapter 88.08
Title 88 RCW: Navigation and Harbor Improvements
no part of which may be suspended or deferred. Excise taxes
owed and fines assessed will be deposited in the manner provided under RCW 46.16.010(4). [2003 c 53 § 414; 2000 c
229 § 6; 1999 c 277 § 10; 1996 c 184 § 4; 1993 c 238 § 4;
1987 c 149 § 7.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2000 c 229: See note following RCW 46.16.010.
Effective date—1996 c 184: See note following RCW 46.16.010.
Effective date—1987 c 149: See note following RCW 88.02.060.
Chapter 88.08
Chapter 88.08 RCW
SPECIFIC ACTS PROHIBITED
Sections
88.08.020
88.08.050
Tampering with lights or signals. (Effective July 1, 2004.)
Injury to lighthouses or United States light. (Effective July 1,
2004.)
88.08.020
88.08.020 Tampering with lights or signals. (Effective July 1, 2004.) Every person who, in such manner as
might, if not discovered, endanger a vessel, railway engine,
motor, train, or car, shall show, mask, extinguish, alter, or
remove any light or signal, or exhibit any false light or signal,
is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not more than ten
years. [2003 c 53 § 415; 1992 c 7 § 62; 1909 c 249 § 402;
RRS § 2654.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
88.08.050
88.08.050 Injury to lighthouses or United States
light. (Effective July 1, 2004.) Every person who shall willfully break, injure, deface, or destroy any lighthouse station,
post, platform, step, lamp, or other structure pertaining to
such lighthouse station, or shall extinguish or tamper with
any light erected by the United States upon or along the navigable waters of this state to aid in the navigation thereof, in
case no punishment is provided therefor by the laws of the
United States, shall be punished:
(1) As a class B felony punishable by imprisonment in a
state correctional facility for not more than ten years whenever such act may endanger the safety of any vessel navigating such waters, or jeopardize the safety of any person or
property in or upon such vessel.
(2) In all other cases by imprisonment in the county jail
for not more than one year, or by a fine of not more than one
thousand dollars, or by both. [2003 c 53 § 416; 1992 c 7 § 63;
1909 c 249 § 403; RRS § 2655.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 88.16
Chapter 88.16 RCW
PILOTAGE ACT
Sections
88.16.010
Board of pilotage commissioners—Created—Chairperson—
Members—Terms—Qualifications—Vacancies—Quorum.
88.16.010
88.16.010 Board of pilotage commissioners—Created— Chairperson—Members—Terms—Qualifications—Vacancies—Quorum. (1) The board of pilotage
[2003 RCW Supp—page 1142]
commissioners of the state of Washington is hereby created
and shall consist of the assistant secretary of marine transportation of the department of transportation of the state of
Washington, or the assistant secretary's designee who shall
be an employee of the marine division, who shall be chairperson, the director of the department of ecology, or the director's designee, and seven members appointed by the governor
and confirmed by the senate. Each of the appointed commissioners shall be appointed for a term of four years from the
date of the member's commission. No person shall be eligible for appointment to the board unless that person is at the
time of appointment eighteen years of age or over and a citizen of the United States and of the state of Washington. Two
of the appointed commissioners shall be pilots licensed under
this chapter and actively engaged in piloting upon the waters
covered by this chapter for at least three years immediately
preceding the time of appointment and while serving on the
board. One pilot shall be from the Puget Sound pilotage district and the other pilot shall be from either the Grays Harbor
pilotage district or the Puget Sound pilotage district. Two of
the appointed commissioners shall be actively engaged in the
ownership, operation, or management of deep sea cargo
and/or passenger carrying vessels for at least three years
immediately preceding the time of appointment and while
serving on the board. One of the shipping commissioners
shall be a representative of American and one of foreign shipping. One of the commissioners shall be a representative
from a recognized environmental organization concerned
with marine waters. The remaining commissioners shall be
persons interested in and concerned with pilotage, maritime
safety, and marine affairs, with broad experience related to
the maritime industry exclusive of experience as either a state
licensed pilot or as a shipping representative.
(2) Any vacancy in an appointed position on the board
shall be filled by the governor for the remainder of the
unfilled term, subject to confirmation by the senate.
(3) Five members of the board shall constitute a quorum.
At least one pilot, one shipping representative, and one public
member must be present at every meeting. All commissioners and the chairperson shall have a vote. [2003 c 58 § 1;
2001 c 36 § 4; 1991 c 200 § 1001; 1987 c 485 § 1; 1979 ex.s.
c 207 § 1; 1977 ex.s. c 337 § 2; 1977 ex.s. c 151 § 73; 1971
ex.s. c 292 § 58; 1935 c 18 § 1; RRS § 9871-1. Prior: 1888 p
175 § 1.]
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
Chapter 88.40
Chapter 88.40 RCW
TRANSPORT OF PETROLEUM PRODUCTS—
FINANCIAL RESPONSIBILITY
Sections
88.40.011
88.40.020
88.40.040
Definitions.
Evidence of financial responsibility for vessels.
Entry or operation on state waters—Financial responsibility
required—Enforcement of federal oil pollution act.
Transport of Petroleum Products—Financial Responsibility
88.40.020
88.40.011
88.40.011 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Barge" means a vessel that is not self-propelled.
(2) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel, fishing vessel, or a passenger
vessel, of three hundred or more gross tons.
(3) "Bulk" means material that is stored or transported in
a loose, unpackaged liquid, powder, or granular form capable
of being conveyed by a pipe, bucket, chute, or belt system.
(4) "Covered vessel" means a tank vessel, cargo vessel,
or passenger vessel.
(5) "Department" means the department of ecology.
(6) "Director" means the director of the department of
ecology.
(7)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel,
located on or near the navigable waters of the state that transfers oil in bulk to or from any vessel with an oil carrying
capacity over two hundred fifty barrels or pipeline, that is
used for producing, storing, handling, transferring, processing, or transporting oil in bulk.
(b) A facility does not include any: (i) Railroad car,
motor vehicle, or other rolling stock while transporting oil
over the highways or rail lines of this state; (ii) retail motor
vehicle motor fuel outlet; (iii) facility that is operated as part
of an exempt agricultural activity as provided in RCW
82.04.330; (iv) underground storage tank regulated by the
department or a local government under chapter 90.76 RCW;
or (v) marine fuel outlet that does not dispense more than
three thousand gallons of fuel to a ship that is not a covered
vessel, in a single transaction.
(8) "Fishing vessel" means a self-propelled commercial
vessel of three hundred or more gross tons that is used for
catching or processing fish.
(9) "Gross tons" means tonnage as determined by the
United States coast guard under 33 C.F.R. section 138.30.
(10) "Hazardous substances" means any substance listed
as of March 1, 2003, in Table 302.4 of 40 C.F.R. Part 302
adopted under section 101(14) of the federal comprehensive
environmental response, compensation, and liability act of
1980, as amended by P.L. 99-499. The following are not hazardous substances for purposes of this chapter:
(a) Wastes listed as F001 through F028 in Table 302.4;
and
(b) Wastes listed as K001 through K136 in Table 302.4.
(11) "Navigable waters of the state" means those waters
of the state, and their adjoining shorelines, that are subject to
the ebb and flow of the tide and/or are presently used, have
been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce.
(12) "Oil" or "oils" means any naturally occurring liquid
hydrocarbons at atmospheric temperature and pressure coming from the earth, including condensate and natural gasoline,
and any fractionation thereof, including, but not limited to,
crude oil, petroleum, gasoline, fuel oil, diesel oil, oil sludge,
oil refuse, and oil mixed with wastes other than dredged
spoil. Oil does not include any substance listed as of March
1, 2003, in Table 302.4 of 40 C.F.R. Part 302 adopted under
section 101(14) of the federal comprehensive environmental
response, compensation, and liability act of 1980, as
amended by P.L. 99-499.
(13) "Offshore facility" means any facility located in, on,
or under any of the navigable waters of the state, but does not
include a facility any part of which is located in, on, or under
any land of the state, other than submerged land.
(14) "Onshore facility" means any facility any part of
which is located in, on, or under any land of the state, other
than submerged land, that because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters of the
state or the adjoining shorelines.
(15)(a) "Owner or operator" means (i) in the case of a
vessel, any person owning, operating, or chartering by
demise, the vessel; (ii) in the case of an onshore or offshore
facility, any person owning or operating the facility; and (iii)
in the case of an abandoned vessel or onshore or offshore
facility, the person who owned or operated the vessel or facility immediately before its abandonment.
(b) "Operator" does not include any person who owns
the land underlying a facility if the person is not involved in
the operations of the facility.
(16) "Passenger vessel" means a ship of three hundred or
more gross tons with a fuel capacity of at least six thousand
gallons carrying passengers for compensation.
(17) "Ship" means any boat, ship, vessel, barge, or other
floating craft of any kind.
(18) "Spill" means an unauthorized discharge of oil into
the waters of the state.
(19) "Tank vessel" means a ship that is constructed or
adapted to carry, or that carries, oil in bulk as cargo or cargo
residue, and that:
(a) Operates on the waters of the state; or
(b) Transfers oil in a port or place subject to the jurisdiction of this state.
(20) "Waters of the state" includes lakes, rivers, ponds,
streams, inland waters, underground water, salt waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of
the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.
[2003 c 56 § 2; 2000 c 69 § 30; 1992 c 73 § 12; 1991 c 200 §
702.]
Finding—Intent—2003 c 56: "The legislature finds that the current
financial responsibility laws for vessels are in need of update and revision.
The legislature intends that, whenever possible, the standards set for Washington state provide the highest level of protection consistent with other
western states and to ultimately achieve a more uniform system of financial
responsibility on the Pacific Coast." [2003 c 56 § 1.]
Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and
90.56.905.
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
88.40.020
88.40.020 Evidence of financial responsibility for
vessels. (1) Any barge that transports hazardous substances
in bulk as cargo, using any port or place in the state of Washington or the navigable waters of the state shall establish evidence of financial responsibility in the amount of the greater
of five million dollars, or three hundred dollars per gross ton
of such vessel.
(2)(a) Except as provided in (b) or (c) of this subsection,
a tank vessel that carries oil as cargo in bulk shall demon[2003 RCW Supp—page 1143]
88.40.040
Title 88 RCW: Navigation and Harbor Improvements
strate financial responsibility to pay at least five hundred million dollars. The amount of financial responsibility required
under this subsection is one billion dollars after January 1,
2004.
(b) The director by rule may establish a lesser standard
of financial responsibility for tank vessels of three hundred
gross tons or less. The standard shall set the level of financial
responsibility based on the quantity of cargo the tank vessel
is capable of carrying. The director shall not set the standard
for tank vessels of three hundred gross tons or less below that
required under federal law.
(c) The owner or operator of a tank vessel who is a member of an international protection and indemnity mutual organization and is covered for oil pollution risks up to the
amounts required under this section is not required to demonstrate financial responsibility under this chapter. The director
may require the owner or operator of a tank vessel to prove
membership in such an organization.
(3)(a) A cargo vessel or passenger vessel that carries oil
as fuel shall demonstrate financial responsibility to pay at
least three hundred million dollars. However, a passenger
vessel that transports passengers and vehicles between Washington state and a foreign country shall demonstrate financial
responsibility to pay the greater of at least six hundred dollars
per gross ton or five hundred thousand dollars.
(b) The owner or operator of a cargo vessel or passenger
vessel who is a member of an international protection and
indemnity mutual organization and is covered for oil pollution risks up to the amounts required under this section is not
required to demonstrate financial responsibility under this
chapter. The director may require the owner or operator of a
cargo vessel or passenger vessel to prove membership in such
an organization.
(4) A fishing vessel while on the navigable waters of the
state must demonstrate financial responsibility in the following amounts: (a) For a fishing vessel carrying predominantly
nonpersistent product, one hundred thirty-three dollars and
forty cents per incident, for each barrel of total oil storage
capacity, persistent and nonpersistent product, on the vessel
or one million three hundred thirty-four thousand dollars,
whichever is greater; or (b) for a fishing vessel carrying predominantly persistent product, four hundred dollars and
twenty cents per incident, for each barrel of total oil storage
capacity, persistent product and nonpersistent product, on the
vessel or six million six hundred seventy thousand dollars,
whichever is greater.
(5) The documentation of financial responsibility shall
demonstrate the ability of the document holder to meet state
and federal financial liability requirements for the actual
costs for removal of oil spills, for natural resource damages,
and for necessary expenses.
(6) This section shall not apply to a covered vessel
owned or operated by the federal government or by a state or
local government. [2003 c 91 § 3; 2003 c 56 § 3; 2000 c 69 §
31; 1992 c 73 § 13; 1991 c 200 § 703; 1990 c 116 § 31; 1989
1st ex.s. c 2 § 3.]
Reviser's note: This section was amended by 2003 c 56 § 3 and by
2003 c 91 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Finding—Intent—2003 c 56: See note following RCW 88.40.011.
[2003 RCW Supp—page 1144]
Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and
90.56.905.
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
88.40.040
88.40.040 Entry or operation on state waters—
Financial responsibility required—Enforcement of federal oil pollution act. (1) It is unlawful for any vessel
required to have financial responsibility under this chapter to
enter or operate on Washington waters without meeting the
requirements of this chapter or rules adopted under this chapter, except when necessary to avoid injury to the vessel's crew
or passengers. Any vessel owner or operator that does not
meet the financial responsibility requirements of this chapter
and any rules prescribed thereunder or the federal oil pollution act of 1990 shall be reported by the department to the
United States coast guard.
(2) The department shall enforce section 1016 of the federal oil pollution act of 1990 as authorized by section 1019 of
the federal act. [2003 c 56 § 4; 2000 c 69 § 33; 1992 c 73 §
14; 1991 c 200 § 706; 1989 1st ex.s. c 2 § 5.]
Finding—Intent—2003 c 56: See note following RCW 88.40.011.
Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and
90.56.905.
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Chapter 88.46 RCW
VESSEL OIL SPILL PREVENTION AND RESPONSE
Chapter 88.46
Sections
88.46.080
88.46.080
Unlawful operation of a covered vessel—Penalties—Evidence
of approved contingency plan or prevention plan. (Effective
July 1, 2004.)
88.46.080 Unlawful operation of a covered vessel—
Penalties—Evidence of approved contingency plan or
prevention plan. (Effective July 1, 2004.) (1) Except as
provided in subsection (3) of this section, it shall be unlawful
for the owner or operator to knowingly and intentionally
operate in this state or on the waters of this state a covered
vessel without an approved contingency plan or an approved
prevention plan as required by this chapter, or financial
responsibility in compliance with chapter 88.40 RCW and the
federal oil pollution act of 1990.
(2)(a) The first conviction under this section is a gross
misdemeanor under chapter 9A.20 RCW.
(b) A second or subsequent conviction is a class C felony
under chapter 9A.20 RCW.
(3) It shall not be unlawful for the owner or operator to
operate a covered vessel if:
(a) The covered vessel is not required to have a contingency plan, spill prevention plan, or financial responsibility;
(b) All required plans have been submitted to the department as required by this chapter and rules adopted by the
department and the department is reviewing the plan and has
not denied approval; or
(c) The covered vessel has entered state waters after the
United States coast guard has determined that the vessel is in
distress.
Reclamation, Soil Conservation, and Land Settlement
(4) A person may rely on a copy of the statement issued
by the department pursuant to RCW 88.46.060 as evidence
that a vessel has an approved contingency plan and the statement issued pursuant to RCW 88.46.040 that a vessel has an
approved prevention plan.
(5) Any person found guilty of willfully violating any of
the provisions of this chapter, or any final written orders or
directive of the director or a court in pursuance thereof is
guilty of a gross misdemeanor, as provided in chapter 9A.20
RCW, and upon conviction thereof shall be punished by a
fine of up to ten thousand dollars and costs of prosecution, or
by imprisonment in the county jail for not more than one
year, or by both such fine and imprisonment in the discretion
of the court. Each day upon which a willful violation of the
provisions of this chapter occurs may be deemed a separate
and additional violation. [2003 c 53 § 417; 2000 c 69 § 8;
1992 c 73 § 22; 1991 c 200 § 421.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and
90.56.905.
permitting authorities. [2003 c 39 § 47; 1998 c 249 § 13;
1995 c 378 § 3.]
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.290.
Title 90
Chapters
90.03 Water code.
90.42 Water resource management.
90.44 Regulation of public ground waters.
90.46 Reclaimed water use.
90.48 Water pollution control.
90.54 Water resources act of 1971.
90.56 Oil and hazardous substance spill prevention and
response.
90.58 Shoreline management act of 1971.
90.64 Dairy nutrient management.
90.82 Watershed planning.
Title 89
RECLAMATION, SOIL CONSERVATION,
AND LAND SETTLEMENT
Chapters
89.08 Conservation districts.
Chapter 89.08
Chapter 89.08 RCW
CONSERVATION DISTRICTS
89.08.470
Watershed restoration projects—Consolidated permit application process—Fish habitat enhancement project.
89.08.470 Watershed restoration projects—Consolidated permit application process—Fish habitat enhancement project. (1) By January 1, 1996, the Washington conservation commission shall develop, in consultation with
other state agencies, tribes, and local governments, a consolidated application process for permits for a watershed restoration project developed by an agency or sponsored by an
agency on behalf of a volunteer organization. The consolidated process shall include a single permit application form
for use by all responsible state and local agencies. The commission shall encourage use of the consolidated permit application process by any federal agency responsible for issuance
of related permits. The permit application forms to be consolidated shall include, at a minimum, applications for: (a)
Approvals related to water quality standards under chapter
90.48 RCW; (b) hydraulic project approvals under chapter
77.55 RCW; and (c) section 401 water quality certifications
under 33 U.S.C. Sec. 1341 and chapter 90.48 RCW.
(2) If a watershed restoration project is also a fish habitat
enhancement project that meets the criteria of RCW
77.55.290(1), the project sponsor shall instead follow the permit review and approval process established in RCW
77.55.290 with regard to state and local government permitting requirements. The sponsor shall so notify state and local
Chapter 90.03 RCW
WATER CODE
Sections
90.03.015
90.03.247
90.03.260
90.03.265
90.03.330
90.03.370
90.03.380
Sections
89.08.470
Title 90
WATER RIGHTS—ENVIRONMENT
Chapter 90.03
Title 89
90.03.015
90.03.386
90.03.400
90.03.550
90.03.560
90.03.570
90.03.580
90.03.590
90.03.591
90.03.600
Definitions.
Minimum flows and levels—Departmental authority exclusive—Other recommendations considered.
Appropriation procedure—Application—Contents.
Appropriation procedure—Cost-reimbursement agreement for
expedited review of application.
Appropriation procedure—Water right certificate.
Reservoir permits—Secondary permits—Expedited processing—Underground artificial storage and recovery project
standards and rules—Exemptions—Report to the legislature.
Right to water attaches to land—Transfer or change in point of
diversion—Transfer of rights from one district to another—
Priority of water rights applications—Exemption for small
irrigation impoundments.
Coordination of approval procedures for compliance and consistency with approved water system plan.
Crimes against water code—Unauthorized use of water.
Municipal water supply purposes—Beneficial uses.
Municipal water supply purposes—Identification.
Change or transfer of an unperfected surface water right for
municipal water supply purposes.
Failing public water system—Conditions.
Municipal water suppliers—Watershed agreement—Pilot
project.
New watershed agreements prohibited after July 1, 2008.
Civil penalties.
90.03.015
90.03.015 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Department" means the department of ecology.
(2) "Director" means the director of ecology.
(3) "Municipal water supplier" means an entity that supplies water for municipal water supply purposes.
(4) "Municipal water supply purposes" means a beneficial use of water: (a) For residential purposes through fifteen
or more residential service connections or for providing residential use of water for a nonresidential population that is, on
average, at least twenty-five people for at least sixty days a
year; (b) for governmental or governmental proprietary purposes by a city, town, public utility district, county, sewer
district, or water district; or (c) indirectly for the purposes in
(a) or (b) of this subsection through the delivery of treated or
[2003 RCW Supp—page 1145]
90.03.247
Title 90 RCW: Water Rights—Environment
raw water to a public water system for such use. If water is
beneficially used under a water right for the purposes listed in
(a), (b), or (c) of this subsection, any other beneficial use of
water under the right generally associated with the use of
water within a municipality is also for "municipal water supply purposes," including, but not limited to, beneficial use for
commercial, industrial, irrigation of parks and open spaces,
institutional, landscaping, fire flow, water system maintenance and repair, or related purposes. If a governmental
entity holds a water right that is for the purposes listed in (a),
(b), or (c) of this subsection, its use of water or its delivery of
water for any other beneficial use generally associated with
the use of water within a municipality is also for "municipal
water supply purposes," including, but not limited to, beneficial use for commercial, industrial, irrigation of parks and
open spaces, institutional, landscaping, fire flow, water system maintenance and repair, or related purposes.
(5) "Person" means any firm, association, water users'
association, corporation, irrigation district, or municipal corporation, as well as an individual. [2003 1st sp.s. c 5 § 1;
1987 c 109 § 65.]
Severability—2003 1st sp.s. c 5: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2003 1st sp.s. c 5 § 19.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.247
90.03.247 Minimum flows and levels—Departmental
authority exclusive—Other recommendations considered. Whenever an application for a permit to make beneficial use of public waters is approved relating to a stream or
other water body for which minimum flows or levels have
been adopted and are in effect at the time of approval, the permit shall be conditioned to protect the levels or flows. No
agency may establish minimum flows and levels or similar
water flow or level restrictions for any stream or lake of the
state other than the department of ecology whose authority to
establish is exclusive, as provided in chapter 90.03 RCW and
RCW 90.22.010 and 90.54.040. The provisions of other statutes, including but not limited to RCW 77.55.100 and chapter
43.21C RCW, may not be interpreted in a manner that is
inconsistent with this section. In establishing such minimum
flows, levels, or similar restrictions, the department shall,
during all stages of development by the department of ecology of minimum flow proposals, consult with, and carefully
consider the recommendations of, the department of fish and
wildlife, the department of community, trade, and economic
development, the department of agriculture, and representatives of the affected Indian tribes. Nothing herein shall preclude the department of fish and wildlife, the department of
community, trade, and economic development, or the department of agriculture from presenting its views on minimum
flow needs at any public hearing or to any person or agency,
and the department of fish and wildlife, the department of
community, trade, and economic development, and the
department of agriculture are each empowered to participate
in proceedings of the federal energy regulatory commission
and other agencies to present its views on minimum flow
needs. [2003 c 39 § 48; 1996 c 186 § 523; 1994 c 264 § 82.
[2003 RCW Supp—page 1146]
Prior: 1987 c 506 § 95; 1987 c 505 § 81; 1980 c 87 § 46; 1979
ex.s. c 166 § 1.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
90.03.260
90.03.260 Appropriation procedure—Application—
Contents. (1) Each application for permit to appropriate
water shall set forth the name and post office address of the
applicant, the source of water supply, the nature and amount
of the proposed use, the time during which water will be
required each year, the location and description of the proposed ditch, canal, or other work, the time within which the
completion of the construction and the time for the complete
application of the water to the proposed use.
(2) If for agricultural purposes, the application shall give
the legal subdivision of the land and the acreage to be irrigated, as near as may be, and the amount of water expressed
in acre feet to be supplied per season. If for power purposes,
it shall give the nature of the works by means of which the
power is to be developed, the head and amount of water to be
utilized, and the uses to which the power is to be applied.
(3) If for construction of a reservoir, the application shall
give the height of the dam, the capacity of the reservoir, and
the uses to be made of the impounded waters.
(4) If for community or multiple domestic water supply,
the application shall give the projected number of service
connections sought to be served. However, for a municipal
water supplier that has an approved water system plan under
chapter 43.20 RCW or an approval from the department of
health to serve a specified number of service connections, the
service connection figure in the application or any subsequent water right document is not an attribute limiting exercise of the water right as long as the number of service connections to be served under the right is consistent with the
approved water system plan or specified number.
(5) If for municipal water supply, the application shall
give the present population to be served, and, as near as may
be estimated, the future requirement of the municipality.
However, for a municipal water supplier that has an approved
water system plan under chapter 43.20 RCW or an approval
from the department of health to serve a specified number of
service connections, the population figures in the application
or any subsequent water right document are not an attribute
limiting exercise of the water right as long as the population
to be provided water under the right is consistent with the
approved water system plan or specified number.
(6) If for mining purposes, the application shall give the
nature of the mines to be served and the method of supplying
and utilizing the water; also their location by legal subdivisions.
(7) All applications shall be accompanied by such maps
and drawings, in duplicate, and such other data, as may be
required by the department, and such accompanying data
shall be considered as a part of the application. [2003 1st
sp.s. c 5 § 4; 1987 c 109 § 84; 1917 c 117 § 28; RRS § 7379.
Formerly RCW 90.20.020.]
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Water Code
Height of dams on tributaries of Columbia river: RCW 77.55.160.
90.03.265
90.03.265 Appropriation procedure—Cost-reimbursement agreement for expedited review of application.
Any applicant for a new withdrawal or a change, transfer, or
amendment of a water right pending before the department,
may initiate a cost-reimbursement agreement with the department to provide expedited review of the application. A costreimbursement agreement may only be initiated under this
section if the applicant agrees to pay for, or as part of a cooperative effort agrees to pay for, the cost of processing his or
her application and all other applications from the same
source of supply which must be acted upon before the applicant's request because they were filed prior to the date of
when the applicant filed. The department shall use the process established under RCW 43.21A.690 for entering into
cost-reimbursement agreements. [2003 c 70 § 6; 2000 c 251
§ 7.]
Intent—Captions not law—Effective date—2000 c 251: See notes
following RCW 43.21A.690.
90.03.330
90.03.330 Appropriation procedure—Water right
certificate. (1) Upon a showing satisfactory to the department that any appropriation has been perfected in accordance
with the provisions of this chapter, it shall be the duty of the
department to issue to the applicant a certificate stating such
facts in a form to be prescribed by the director, and such certificate shall thereupon be recorded with the department.
Any original water right certificate issued, as provided by this
chapter, shall be recorded with the department and thereafter,
at the expense of the party receiving the same, be transmitted
by the department to the county auditor of the county or
counties where the distributing system or any part thereof is
located, and be recorded in the office of such county auditor,
and thereafter be transmitted to the owner thereof.
(2) Except as provided for the issuance of certificates
under RCW 90.03.240 and for the issuance of certificates following the approval of a change, transfer, or amendment
under RCW 90.03.380 or 90.44.100, the department shall not
revoke or diminish a certificate for a surface or ground water
right for municipal water supply purposes as defined in RCW
90.03.015 unless the certificate was issued with ministerial
errors or was obtained through misrepresentation. The
department may adjust such a certificate under this subsection if ministerial errors are discovered, but only to the extent
necessary to correct the ministerial errors. The department
may diminish the right represented by such a certificate if the
certificate was obtained through a misrepresentation on the
part of the applicant or permit holder, but only to the extent of
the misrepresentation. The authority provided by this subsection does not include revoking, diminishing, or adjusting a
certificate based on any change in policy regarding the issuance of such certificates that has occurred since the certificate
was issued. This subsection may not be construed as providing any authority to the department to revoke, diminish, or
adjust any other water right.
(3) This subsection applies to the water right represented
by a water right certificate issued prior to September 9, 2003,
for municipal water supply purposes as defined in RCW
90.03.015 where the certificate was issued based on an
administrative policy for issuing such certificates once works
90.03.370
for diverting or withdrawing and distributing water for
municipal supply purposes were constructed rather than after
the water had been placed to actual beneficial use. Such a
water right is a right in good standing.
(4) After September 9, 2003, the department must issue
a new certificate under subsection (1) of this section for a
water right represented by a water right permit only for the
perfected portion of a water right as demonstrated through
actual beneficial use of water. [2003 1st sp.s. c 5 § 6; 1987 c
109 § 89; 1929 c 122 § 5; 1917 c 117 § 34; RRS § 7386. Formerly RCW 90.20.100.]
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.370
90.03.370 Reservoir permits—Secondary permits—
Expedited processing—Underground artificial storage
and recovery project standards and rules—Exemptions—Report to the legislature. (1)(a) All applications for
reservoir permits are subject to the provisions of RCW
90.03.250 through 90.03.320. But the party or parties proposing to apply to a beneficial use the water stored in any
such reservoir shall also file an application for a permit, to be
known as the secondary permit, which shall be in compliance
with the provisions of RCW 90.03.250 through 90.03.320.
Such secondary application shall refer to such reservoir as its
source of water supply and shall show documentary evidence
that an agreement has been entered into with the owners of
the reservoir for a permanent and sufficient interest in said
reservoir to impound enough water for the purposes set forth
in said application. When the beneficial use has been completed and perfected under the secondary permit, the department shall take the proof of the water users under such permit
and the final certificate of appropriation shall refer to both the
ditch and works described in the secondary permit and the
reservoir described in the primary permit. The department
may accept for processing a single application form covering
both a proposed reservoir and a proposed secondary permit or
permits for use of water from that reservoir.
(b) The department shall expedite processing applications for the following types of storage proposals:
(i) Development of storage facilities that will not require
a new water right for diversion or withdrawal of the water to
be stored;
(ii) Adding or changing one or more purposes of use of
stored water;
(iii) Adding to the storage capacity of an existing storage
facility; and
(iv) Applications for secondary permits to secure use
from existing storage facilities.
(c) A secondary permit for the beneficial use of water
shall not be required for use of water stored in a reservoir
where the water right for the source of the stored water authorizes the beneficial use.
(2)(a) For the purposes of this section, "reservoir"
includes, in addition to any surface reservoir, any naturally
occurring underground geological formation where water is
collected and stored for subsequent use as part of an underground artificial storage and recovery project. To qualify for
issuance of a reservoir permit an underground geological for[2003 RCW Supp—page 1147]
90.03.380
Title 90 RCW: Water Rights—Environment
mation must meet standards for review and mitigation of
adverse impacts identified, for the following issues:
(i) Aquifer vulnerability and hydraulic continuity;
(ii) Potential impairment of existing water rights;
(iii) Geotechnical impacts and aquifer boundaries and
characteristics;
(iv) Chemical compatibility of surface waters and
ground water;
(v) Recharge and recovery treatment requirements;
(vi) System operation;
(vii) Water rights and ownership of water stored for
recovery; and
(viii) Environmental impacts.
(b) Standards for review and standards for mitigation of
adverse impacts for an underground artificial storage and
recovery project shall be established by the department by
rule. Notwithstanding the provisions of RCW 90.03.250
through 90.03.320, analysis of each underground artificial
storage and recovery project and each underground geological formation for which an applicant seeks the status of a reservoir shall be through applicant-initiated studies reviewed
by the department.
(3) For the purposes of this section, "underground artificial storage and recovery project" means any project in which
it is intended to artificially store water in the ground through
injection, surface spreading and infiltration, or other department-approved method, and to make subsequent use of the
stored water. However, (a) this subsection does not apply to
irrigation return flow, or to operational and seepage losses
that occur during the irrigation of land, or to water that is artificially stored due to the construction, operation, or maintenance of an irrigation district project, or to projects involving
water reclaimed in accordance with chapter 90.46 RCW; and
(b) RCW 90.44.130 applies to those instances of claimed artificial recharge occurring due to the construction, operation,
or maintenance of an irrigation district project or operational
and seepage losses that occur during the irrigation of land, as
well as other forms of claimed artificial recharge already
existing at the time a ground water subarea is established.
(4) Nothing in chapter 98, Laws of 2000 changes the
requirements of existing law governing issuance of permits to
appropriate or withdraw the waters of the state.
(5) The department shall report to the legislature by
December 31, 2001, on the standards for review and standards for mitigation developed under subsection (3) of this
section and on the status of any applications that have been
filed with the department for underground artificial storage
and recovery projects by that date.
(6) Where needed to ensure that existing storage capacity
is effectively and efficiently used to meet multiple purposes,
the department may authorize reservoirs to be filled more
than once per year or more than once per season of use.
(7) This section does not apply to facilities to recapture
and reuse return flow from irrigation operations serving a single farm under an existing water right as long as the acreage
irrigated is not increased beyond the acreage allowed to be
irrigated under the water right.
(8) In addition to the facilities exempted under subsection (7) of this section, this section does not apply to small
irrigation impoundments. For purposes of this section,
"small irrigation impoundments" means lined surface storage
[2003 RCW Supp—page 1148]
ponds less than ten acre feet in volume used to impound irrigation water under an existing water right where use of the
impoundment: (a)(i) Facilitates efficient use of water; or (ii)
promotes compliance with an approved recovery plan for
endangered or threatened species; and (b) does not expand
the number of acres irrigated or the annual consumptive
quantity of water used. Such ponds must be lined unless a
licensed engineer determines that a liner is not needed to
retain water in the pond and to prevent ground water contamination. Although it may also be composed of other materials, a properly maintained liner may be composed of bentonite. Water remaining in a small irrigation impoundment at
the end of an irrigation season may be carried over for use in
the next season. However, the limitations of this subsection
(8) apply. Development and use of a small irrigation
impoundment does not constitute a change or amendment for
purposes of RCW 90.03.380 or 90.44.055. [2003 c 329 § 1;
2002 c 329 § 10; 2000 c 98 § 3; 1987 c 109 § 93; 1917 c 117
§ 38; RRS § 7390. Formerly RCW 90.28.080.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.380
90.03.380 Right to water attaches to land—Transfer
or change in point of diversion—Transfer of rights from
one district to another—Priority of water rights applications—Exemption for small irrigation impoundments.
(1) The right to the use of water which has been applied to a
beneficial use in the state shall be and remain appurtenant to
the land or place upon which the same is used: PROVIDED,
HOWEVER, That the right may be transferred to another or
to others and become appurtenant to any other land or place
of use without loss of priority of right theretofore established
if such change can be made without detriment or injury to
existing rights. The point of diversion of water for beneficial
use or the purpose of use may be changed, if such change can
be made without detriment or injury to existing rights. A
change in the place of use, point of diversion, and/or purpose
of use of a water right to enable irrigation of additional acreage or the addition of new uses may be permitted if such
change results in no increase in the annual consumptive
quantity of water used under the water right. For purposes of
this section, "annual consumptive quantity" means the estimated or actual annual amount of water diverted pursuant to
the water right, reduced by the estimated annual amount of
return flows, averaged over the two years of greatest use
within the most recent five-year period of continuous beneficial use of the water right. Before any transfer of such right
to use water or change of the point of diversion of water or
change of purpose of use can be made, any person having an
interest in the transfer or change, shall file a written application therefor with the department, and the application shall
not be granted until notice of the application is published as
provided in RCW 90.03.280. If it shall appear that such
transfer or such change may be made without injury or detriment to existing rights, the department shall issue to the
applicant a certificate in duplicate granting the right for such
transfer or for such change of point of diversion or of use.
The certificate so issued shall be filed and be made a record
with the department and the duplicate certificate issued to the
applicant may be filed with the county auditor in like manner
Water Code
and with the same effect as provided in the original certificate
or permit to divert water.
(2) If an application for change proposes to transfer
water rights from one irrigation district to another, the department shall, before publication of notice, receive concurrence
from each of the irrigation districts that such transfer or
change will not adversely affect the ability to deliver water to
other landowners or impair the financial integrity of either of
the districts.
(3) A change in place of use by an individual water user
or users of water provided by an irrigation district need only
receive approval for the change from the board of directors of
the district if the use of water continues within the irrigation
district, and when water is provided by an irrigation entity
that is a member of a board of joint control created under
chapter 87.80 RCW, approval need only be received from the
board of joint control if the use of water continues within the
area of jurisdiction of the joint board and the change can be
made without detriment or injury to existing rights.
(4) This section shall not apply to trust water rights
acquired by the state through the funding of water conservation projects under chapter 90.38 RCW or RCW 90.42.010
through 90.42.070.
(5)(a) Pending applications for new water rights are not
entitled to protection from impairment, injury, or detriment
when an application relating to an existing surface or ground
water right is considered.
(b) Applications relating to existing surface or ground
water rights may be processed and decisions on them rendered independently of processing and rendering decisions
on pending applications for new water rights within the same
source of supply without regard to the date of filing of the
pending applications for new water rights.
(c) Notwithstanding any other existing authority to process applications, including but not limited to the authority to
process applications under WAC 173-152-050 as it existed
on January 1, 2001, an application relating to an existing surface or ground water right may be processed ahead of a previously filed application relating to an existing right when
sufficient information for a decision on the previously filed
application is not available and the applicant for the previously filed application is sent written notice that explains
what information is not available and informs the applicant
that processing of the next application will begin. The previously filed application does not lose its priority date and if the
information is provided by the applicant within sixty days,
the previously filed application shall be processed at that
time. This subsection (5)(c) does not affect any other existing authority to process applications.
(d) Nothing in this subsection (5) is intended to stop the
processing of applications for new water rights.
(6) No applicant for a change, transfer, or amendment of
a water right may be required to give up any part of the applicant's valid water right or claim to a state agency, the trust
water rights program, or to other persons as a condition of
processing the application.
(7) In revising the provisions of this section and adding
provisions to this section by chapter 237, Laws of 2001, the
legislature does not intend to imply legislative approval or
disapproval of any existing administrative policy regarding,
90.03.386
or any existing administrative or judicial interpretation of, the
provisions of this section not expressly added or revised.
(8) The development and use of a small irrigation
impoundment, as defined in RCW 90.03.370(8), does not
constitute a change or amendment for the purposes of this
section. The exemption expressly provided by this subsection shall not be construed as requiring a change or transfer of
any existing water right to enable the holder of the right to
store water governed by the right. [2003 c 329 § 2; 2001 c
237 § 5; 1997 c 442 § 801; 1996 c 320 § 19; 1991 c 347 § 15;
1987 c 109 § 94; 1929 c 122 § 6; 1917 c 117 § 39; RRS §
7391. Formerly RCW 90.28.090.]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
Part headings not law—Severability—1997 c 442: See RCW
90.82.900 and 90.82.901.
Purposes—1991 c 347: See note following RCW 90.42.005.
Severability—1991 c 347: See RCW 90.42.900.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Application to Yakima river basin trust water rights: RCW 90.38.040.
90.03.386
90.03.386 Coordination of approval procedures for
compliance and consistency with approved water system
plan. (1) Within service areas established pursuant to chapter 43.20 or 70.116 RCW, the department of ecology and the
department of health shall coordinate approval procedures to
ensure compliance and consistency with the approved water
system plan or small water system management program.
(2) The effect of the department of health's approval of a
planning or engineering document that describes a municipal
water supplier's service area under chapter 43.20 RCW, or
the local legislative authority's approval of service area
boundaries in accordance with procedures adopted pursuant
to chapter 70.116 RCW, is that the place of use of a surface
water right or ground water right used by the supplier
includes any portion of the approved service area that was not
previously within the place of use for the water right if the
supplier is in compliance with the terms of the water system
plan or small water system management program, including
those regarding water conservation, and the alteration of the
place of use is not inconsistent, regarding an area added to the
place of use, with: Any comprehensive plans or development
regulations adopted under chapter 36.70A RCW; any other
applicable comprehensive plan, land use plan, or development regulation adopted by a city, town, or county; or any
watershed plan approved under chapter 90.82 RCW, or a
comprehensive watershed plan adopted under RCW
90.54.040(1) after September 9, 2003, if such a watershed
plan has been approved for the area.
(3) A municipal water supplier must implement costeffective water conservation in accordance with the requirements of RCW 70.119A.180 as part of its approved water
system plan or small water system management program. In
preparing its regular water system plan update, a municipal
water supplier with one thousand or more service connections must describe: (a) The projects, technologies, and other
cost-effective measures that comprise its water conservation
program; (b) improvements in the efficiency of water system
use resulting from implementation of its conservation pro[2003 RCW Supp—page 1149]
90.03.400
Title 90 RCW: Water Rights—Environment
gram over the previous six years; and (c) projected effects of
delaying the use of existing inchoate rights over the next six
years through the addition of further cost-effective water conservation measures before it may divert or withdraw further
amounts of its inchoate right for beneficial use. When establishing or extending a surface or ground water right construction schedule under RCW 90.03.320, the department must
take into consideration the public water system's use of conserved water. [2003 1st sp.s. c 5 § 5; 1991 c 350 § 2.]
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
90.03.400
90.03.400 Crimes against water code—Unauthorized
use of water. (1)(a) The unauthorized use of water to which
another person is entitled or the willful or negligent waste of
water to the detriment of another, is a misdemeanor.
(b) For instances of the waste of water under this subsection, the department may alternatively follow the sequence of
enforcement actions as provided in RCW 90.03.605.
(2) The possession or use of water without legal right
shall be prima facie evidence of the guilt of the person using
it.
(3) It is also a misdemeanor to use, store, or divert any
water until after the issuance of permit to appropriate such
water. [2003 1st sp.s. c 15 § 2; 2003 c 53 § 418; 1917 c 117
§ 40; RRS § 7392. Formerly RCW 90.32.010.]
Reviser's note: The effective date of 2003 c 53 § 418 is July 1, 2004.
However, 2003 c 53 § 418 was amended by 2003 1st sp.s. c 15 § 2 which has
an effective date of September 9, 2003. Consequently, the effective date of
this section is September 9, 2003.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Punishment of misdemeanor when not fixed by statute: RCW 9.92.030.
90.03.550
90.03.550 Municipal water supply purposes—Beneficial uses. Beneficial uses of water under a municipal water
supply purposes water right may include water withdrawn or
diverted under such a right and used for:
(1) Uses that benefit fish and wildlife, water quality, or
other instream resources or related habitat values; or
(2) Uses that are needed to implement environmental
obligations called for by a watershed plan approved under
chapter 90.82 RCW, or a comprehensive watershed plan
adopted under RCW 90.54.040(1) after September 9, 2003, a
federally approved habitat conservation plan prepared in
response to the listing of a species as being endangered or
threatened under the federal endangered species act, 16
U.S.C. Sec. 1531 et seq., a hydropower license of the federal
energy regulatory commission, or a comprehensive irrigation
district management plan. [2003 1st sp.s. c 5 § 2.]
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
90.03.560
90.03.560 Municipal water supply purposes—Identification. When requested by a municipal water supplier or
when processing a change or amendment to the right, the
department shall amend the water right documents and
related records to ensure that water rights that are for municipal water supply purposes, as defined in RCW 90.03.015,
are correctly identified as being for municipal water supply
purposes. This section authorizes a water right or portion of
a water right held or acquired by a municipal water supplier
that is for municipal water supply purposes as defined in
[2003 RCW Supp—page 1150]
RCW 90.03.015 to be identified as being a water right for
municipal water supply purposes. However, it does not
authorize any other water right or other portion of a right held
or acquired by a municipal water supplier to be so identified
without the approval of a change or transfer of the right or
portion of the right for such a purpose. [2003 1st sp.s. c 5 §
3.]
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
90.03.570
90.03.570 Change or transfer of an unperfected surface water right for municipal water supply purposes. (1)
An unperfected surface water right for municipal water supply purposes or a portion thereof held by a municipal water
supplier may be changed or transferred in the same manner as
provided by RCW 90.03.380 for any purpose if:
(a) The supplier is in compliance with the terms of an
approved water system plan or small water system management program under chapter 43.20 or 70.116 RCW that
applies to the supplier, including those regarding water conservation;
(b) Instream flows have been established by rule for the
water resource inventory area, as established in chapter 173500 WAC as it exists on September 9, 2003, that is the source
of the water for the transfer or change;
(c) A watershed plan has been approved for the water
resource inventory area referred to in (b) of this subsection
under chapter 90.82 RCW and a detailed implementation
plan has been completed that satisfies the requirements of
RCW 90.82.043 or a watershed plan has been adopted after
September 9, 2003, for that water resource inventory area
under RCW 90.54.040(1) and a detailed implementation plan
has been completed that satisfies the requirements of RCW
90.82.043; and
(d) Stream flows that satisfy the instream flows referred
to in (b) of this subsection are met or the milestones for satisfying those instream flows required under (c) of this subsection are being met.
(2) If the criteria listed in subsection (1)(a) through (d) of
this section are not satisfied, an unperfected surface water
right for municipal water supply purposes or a portion thereof
held by a municipal water supplier may nonetheless be
changed or transferred in the same manner as provided by
RCW 90.03.380 if the change or transfer is:
(a) To provide water for an instream flow requirement
that has been established by the department by rule;
(b) Subject to stream flow protection or restoration
requirements contained in: A federally approved habitat conservation plan under the federal endangered species act, 16
U.S.C. Sec. 1531 et seq., a hydropower license of the federal
energy regulatory commission, or a watershed agreement
established under RCW 90.03.590;
(c) For a water right that is subject to instream flow
requirements or agreements with the department and the
change or transfer is also subject to those instream flow
requirements or agreements; or
(d) For resolving or alleviating a public health or safety
emergency caused by a failing public water supply system
currently providing potable water to existing users, as such a
system is described in RCW 90.03.580, and if the change,
transfer, or amendment is for correcting the actual or anticipated cause or causes of the public water system failure.
Water Code
Inadequate water rights for a public water system to serve
existing hookups or to accommodate future population
growth or other future uses do not constitute a public health
or safety emergency.
(3) If the recipient of water under a change or transfer
authorized by subsection (1) of this section is a water supply
system, the receiving system must also be in compliance with
the terms of an approved water system plan or small water
system management program under chapter 43.20 or 70.116
RCW that applies to the system, including those regarding
water conservation.
(4) The department must provide notice to affected tribes
of any transfer or change proposed under this section. [2003
1st sp.s. c 5 § 14.]
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
90.03.580
90.03.580 Failing public water system—Conditions.
To be considered a failing public water system for the purposes of RCW 90.03.570, the department of health, in consultation with the department and the local health authority,
must make a determination that the system meets one or more
of the following conditions:
(1) A public water system has failed, or is in danger of
failing within two years, to meet state board of health standards for the delivery of potable water to existing users in
adequate quantity or quality to meet basic human drinking,
cooking, and sanitation needs or to provide adequate fire protection flows;
(2) The current water source has failed or will fail so that
the public water system is or will become incapable of exercising its existing water rights to meet existing needs for
drinking, cooking, and sanitation purposes after all reasonable conservation efforts have been implemented; or
(3) A change in source is required to meet drinking water
quality standards and avoid unreasonable treatment costs, or
the state department of health determines that the existing
source of supply is unacceptable for human use. [2003 1st
sp.s. c 5 § 15.]
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
90.03.590
90.03.590 Municipal water suppliers—Watershed
agreement—Pilot project. (1) On a pilot project basis, the
department may enter into a watershed agreement with one or
more municipal water suppliers in water resource inventory
area number one to meet the objectives established in a water
resource management program approved or being developed
under chapter 90.82 RCW with the consent of the initiating
governments of the water resource inventory area. The term
of an agreement may not exceed ten years, but the agreement
may be renewed or amended upon agreement of the parties.
(2) A watershed agreement must be consistent with:
(a) Growth management plans developed under chapter
36.70A RCW where these plans are adopted and in effect;
(b) Water supply plans and small water system management programs approved under chapter 43.20 or 70.116
RCW;
(c) Coordinated water supply plans approved under
chapter 70.116 RCW; and
(d) Water use efficiency and conservation requirements
and standards established by the state department of health or
90.03.591
such requirements and standards as are provided in an
approved watershed plan, whichever are the more stringent.
(3) A watershed agreement must:
(a) Require the public water system operated by the participating municipal water supplier to meet obligations under
the watershed plan;
(b) Establish performance measures and timelines for
measures to be completed;
(c) Provide for monitoring of stream flows and metering
of water use as needed to ensure that the terms of the agreement are met; and
(d) Require annual reports from the water users regarding performance under the agreement.
(4) As needed to implement watershed agreement activities, the department may provide or receive funding, or both,
under its existing authorities.
(5) The department must provide opportunity for public
review of a proposed agreement before it is executed. The
department must make proposed and executed watershed
agreements and annual reports available on the department's
internet web site.
(6) The department must consult with affected local governments and the state departments of health and fish and
wildlife before executing an agreement.
(7) Before executing a watershed agreement, the department must conduct a government-to-government consultation with affected tribal governments. The municipal water
suppliers operating the public water systems that are proposing to enter into the agreements must be invited to participate
in the consultations. During these consultations, the department and the municipal water suppliers shall explore the
potential interest of the tribal governments or governments in
participating in the agreement.
(8) Any person aggrieved by the department's failure to
satisfy the requirements in subsection (3) of this section as
embodied in the department's decision to enter into a watershed agreement under this section may, within thirty days of
the execution of such an agreement, appeal the department's
decision to the pollution control hearings board under chapter
43.21B RCW.
(9) Any projects implemented by a municipal water system under the terms of an agreement reached under this section may be continued and maintained by the municipal water
system after the agreement expires or is terminated as long as
the conditions of the agreement under which they were
implemented continue to be met.
(10) Before December 31, 2003, and December 31,
2004, the department must report to the appropriate committees of the legislature the results of the pilot project provided
for in this section. Based on the experience of the pilot
project, the department must offer any suggested changes in
law that would improve, facilitate, and maximize the implementation of watershed plans adopted under this chapter.
[2003 1st sp.s. c 5 § 16.]
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
90.03.591
90.03.591 New watershed agreements prohibited
after July 1, 2008. The department may not enter into new
watershed agreements under RCW 90.03.590 after July 1,
2008. This section does not apply to the renewal of agreements in effect prior to that date. [2003 1st sp.s. c 5 § 17.]
[2003 RCW Supp—page 1151]
90.03.600
Title 90 RCW: Water Rights—Environment
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
90.03.600
90.03.600 Civil penalties. In determining the amount
of a penalty to be levied, the department shall consider the
seriousness of the violation, whether the violation is repeated
or continuous after notice of the violation is given, and
whether any damage has occurred to the health or property of
other persons. Except as provided in RCW 43.05.060
through 43.05.080 and 43.05.150, the department of ecology
may levy civil penalties ranging from one hundred dollars to
five thousand dollars per day for violation of any of the provisions of this chapter and chapters 43.83B, 90.22, and 90.44
RCW, and rules, permits, and similar documents and regulatory orders of the department of ecology adopted or issued
pursuant to such chapters. The procedures of RCW
90.48.144 shall be applicable to all phases of the levying of a
penalty as well as review and appeal of the same. [2003 1st
sp.s. c 15 § 3; 1995 c 403 § 635; 1987 c 109 § 157; 1977 ex.s.
c 1 § 8. Formerly RCW 43.83B.335.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Chapter 90.42
Chapter 90.42 RCW
WATER RESOURCE MANAGEMENT
Sections
90.42.005
90.42.100
90.42.110
90.42.120
90.42.130
90.42.135
90.42.138
Policy—Findings.
Water banking.
Water banking—Application to transfer water rights.
Water banking—Transfer of water rights—Requirements—
Appeals.
Water banking—Input from affected entities—Reports.
Limitations of act—2003 c 144.
Construction—2003 c 144.
90.42.005
90.42.005 Policy—Findings. (1) It is the policy of the
state of Washington to recognize and preserve water rights in
accordance with RCW 90.03.010.
(2) The legislature finds that:
(a) The state of Washington is faced with a shortage of
water with which to meet existing and future needs, particularly during the summer and fall months and in dry years
when the demand is greatest;
(b) Consistent with RCW 90.54.180, issuance of new
water rights, voluntary water transfers, and conservation and
water use efficiency programs, including storage, all are
acceptable methods of addressing water uses because they
can relieve current critical water situations, provide for presently unmet needs, and assist in meeting future water needs.
Presently unmet needs or current needs includes the water
required to increase the frequency of occurrence of base or
minimum flow levels in streams of the state, the water necessary to satisfy existing water rights, or the water necessary to
provide full supplies to existing water systems with current
supply deficiencies;
(c) The interests of the state and its citizens will be
served by developing programs and regional water resource
plans, in cooperation with local governments, federally recognized tribal governments, appropriate federal agencies,
[2003 RCW Supp—page 1152]
private citizens, and the various water users and water interests in the state, that increase the overall ability to manage the
state's waters in order to resolve conflicts and to better satisfy
both present and future needs for water; and
(d) Water banking as a function of the trust water [rights]
program and as authorized by this chapter can provide an
effective means to facilitate the voluntary transfer of water
rights established through conservation, purchase, lease, or
donation, to preserve water rights and provide water for presently unmet and future needs; and to achieve a variety of
water resource management objectives throughout the state,
including drought response, improving streamflows on a voluntary basis, providing water mitigation, or reserving water
supply for future uses. [2003 c 144 § 1; 1991 c 347 § 1.]
Effective date—2003 c 144: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 7, 2003]." [2003 c 144 § 8.]
Purposes—1991 c 347: "The purposes of this act are to:
(1) Improve the ability of the state to work with the United States, local
governments, federally recognized tribal governments, water right holders,
water users, and various water interests in water conservation and water use
efficiency programs designed to satisfy existing rights, presently unmet
needs, and future needs, both instream and out-of-stream;
(2) Establish new incentives, enhance existing incentives, and remove
disincentives for efficient water use;
(3) Establish improved means to disseminate information to the public
and provide technical assistance regarding ways to improve the efficiency of
water use;
(4) Create a trust water rights mechanism for the acquisition of water
rights on a voluntary basis to be used to meet presently unmet needs and
future needs;
(5) Prohibit the sale of nonconforming plumbing fixtures and require
the marking and labeling of fixtures meeting state standards;
(6) Reduce tax disincentives to water conservation, reuse, and
improved water use efficiency; and
(7) Add achievement of water conservation as a factor to be considered
by water supply utilities in setting water rates." [1991 c 347 § 2.]
90.42.100
90.42.100 Water banking. (1) The department is
hereby authorized to use the trust water rights program in the
Yakima river basin for water banking purposes.
(2) Water banking may be used for one or more of the
following purposes:
(a) To authorize the use of trust water rights to mitigate
for water resource impacts, future water supply needs, or any
beneficial use under chapter 90.03, 90.44, or 90.54 RCW,
consistent with any terms and conditions established by the
transferor, except that return flows from water rights authorized in whole or in part for any purpose shall remain available as part of the Yakima basin's total water supply available
and to satisfy existing rights for other downstream uses and
users;
(b) To document transfers of water rights to and from the
trust water rights program; and
(c) To provide a source of water rights the department
can make available to third parties on a temporary or permanent basis for any beneficial use under chapter 90.03, 90.44,
or 90.54 RCW.
(3) The department shall not use water banking to:
(a) Cause detriment or injury to existing rights;
(b) Issue temporary water rights or portions thereof for
new potable uses requiring an adequate and reliable water
supply under RCW 19.27.097;
Water Resource Management
(c) Administer federal project water rights, including
federal storage rights; or
(d) Allow carryover of stored water from one water year
to another water year.
(4) For purposes of this section and RCW 90.42.135,
"total water supply available" shall be defined as provided in
the 1945 consent decree between the United States and water
users in the Yakima river basin, and consistent with later
interpretation by state and federal courts. [2003 c 144 § 2.]
Effective date—2003 c 144: See note following RCW 90.42.005.
90.42.110
90.42.110 Water banking—Application to transfer
water rights. (1) The department, with the consent of the
water right holder, may identify trust water rights for administration for water banking purposes, including trust water
rights established before May 7, 2003.
(2) An application to transfer a water right to the trust
water [rights] program shall be reviewed under RCW
90.03.380 at the time the water right is transferred to the trust
water [rights] program for administration for water banking
purposes, and notice of the application shall be published by
the applicant as provided under RCW 90.03.280. The application must indicate the reach or reaches of the stream where
the trust water right will be established before the transfer of
the water right or portion thereof from the trust water [rights]
program, and identify reasonably foreseeable future temporary or permanent beneficial uses for which the water right or
portion thereof may be used by a third party upon transfer
from the trust water right[s] program. In the event the future
place of use, period of use, or other elements of the water
right are not specifically identified at the time of the transfer
into the trust water [rights] program, another review under
RCW 90.03.380 will be necessary at the time of a proposed
transfer from the trust water [rights] program. [2003 c 144 §
3.]
Effective date—2003 c 144: See note following RCW 90.42.005.
90.42.120
90.42.120 Water banking—Transfer of water
rights—Requirements—Appeals. (1) The department shall
transfer a water right or portion thereof being administered
for water banking purposes from the trust water [rights] program to a third party upon occurrence of all of the following:
(a) The department receives a request for transfer of a
water right or portion thereof currently administered by the
department for water banking purposes;
(b) The request is consistent with any previous review
under RCW 90.03.380 of the water right and future temporary or permanent beneficial uses;
(c) The request is consistent with any condition, limitation, or agreement affecting the water right, including but not
limited to any trust water right transfer agreement executed at
the time the water right was transferred to the trust water
rights program; and
(d) The request is accompanied by and is consistent with
an assignment of interest or portion thereof from a person or
entity retaining an interest in the trust water right or portion
thereof to the party requesting transfer of the water right or
portion thereof.
(2) The priority date of the water right or portion thereof
transferred by the department from the trust water [rights]
90.42.135
program for water banking purposes shall be the priority date
of the underlying water right.
(3) The department shall issue documentation for that
water right or portion thereof to the new water right holder
based on the requirements applicable to the transfer of other
water rights from the trust water rights program. Such documentation shall include a description of the property to which
the water right will be appurtenant after the water right or
portion thereof is transferred from the trust water [rights] program to a third party.
(4) The department's decision on the transfer of a water
right or portion thereof from the trust water [rights] program
for water banking purposes may be appealed to the pollution
control hearings board under RCW 43.21B.230, or to a superior court conducting a general adjudication under RCW
90.03.210. [2003 c 144 § 4.]
Effective date—2003 c 144: See note following RCW 90.42.005.
90.42.130
90.42.130 Water banking—Input from affected entities—Reports. (1) The department shall seek input from
agricultural organizations, federal agencies, tribal governments, local governments, watershed groups, conservation
groups, and developers on water banking, including water
banking procedures and identification of areas in Washington
state where water banking could assist in providing water
supplies for instream and out-of-stream uses. The department shall summarize any comments received on water banking and submit a report, including any recommendations, to
the appropriate committees of the legislature for their consideration in the subsequent legislative session.
(2) By December 31st of every even-numbered year, the
department shall submit a report to the appropriate committees of the legislature on water banking activities authorized
under RCW 90.42.100. The report shall:
(a) Evaluate the effectiveness of water banking in meeting the policies and objectives of this chapter;
(b) Describe any statutory, regulatory, or other impediments to water banking in other areas of the state; and
(c) Identify other basins or regions that may benefit from
authorization for the department to use the trust water [rights]
program for water banking purposes. [2003 c 144 § 5.]
Effective date—2003 c 144: See note following RCW 90.42.005.
90.42.135
90.42.135 Limitations of act—2003 c 144. Nothing in
chapter 144, Laws of 2003 shall:
(1) Cause detriment or injury to existing rights or to the
operation of the federal Yakima project to provide water for
irrigation purposes, existing water supply contracts, or existing water rights;
(2) Diminish in any way existing rights or the total water
supply available for irrigation and other purposes in the
Yakima basin;
(3) Affect or modify the authority of a court conducting
a general adjudication pursuant to RCW 90.03.210; or
(4) Affect or modify the rights of any person or entity
under a water rights adjudication or under any order of the
court conducting a water rights adjudication. [2003 c 144 §
6.]
Effective date—2003 c 144: See note following RCW 90.42.005.
[2003 RCW Supp—page 1153]
90.42.138
Title 90 RCW: Water Rights—Environment
90.42.138
90.42.138 Construction—2003 c 144. Nothing in
chapter 144, Laws of 2003 may be construed to:
(1) Affect or modify any treaty or other federal rights of
an Indian tribe, or the rights of any federal agency or other
person or entity arising under state or federal law;
(2) Affect or modify the rights or jurisdictions of the
United States, the state of Washington, the Yakama Nation,
or other person or entity over waters of any river or stream or
over any ground water resource;
(3) Alter, amend, repeal, interpret, modify, or be in conflict with any interstate compact made by the states;
(4) Alter, establish, or impair the respective rights of
states, the United States, the Yakama Nation, or any other
person or entity with respect to any water or water-related
right;
(5) Alter, diminish, or abridge the rights and obligations
of any federal, state, or local agency, the Yakama Nation, or
other person or entity;
(6) Affect or modify the rights of the Yakama Indian
Nation or its successors in interest to, and management and
regulation of, those water resources arising or used, within
the external boundaries of the Yakama Indian Reservation;
(7) Affect or modify the settlement agreement between
the United States and the state of Washington filed in Yakima
county superior court with regard to federal reserved water
rights other than those rights reserved by the United States for
the benefit of the Yakama Indian Nation and its members; or
(8) Affect or modify the rights of any federal, state, or
local agency, the Yakama Nation, or any other person or
entity, public or private, with respect to any unresolved and
unsettled claims in any water right adjudications, or court
decisions, including State v. Acquavella, or constitute evidence in any such proceeding in which any water or waterrelated right is adjudicated. [2003 c 144 § 7.]
Effective date—2003 c 144: See note following RCW 90.42.005.
Chapter 90.44 RCW
REGULATION OF PUBLIC GROUND WATERS
Chapter 90.44
Sections
90.44.050
90.44.052
90.44.100
that established by a permit issued under the provisions of
this chapter: PROVIDED, HOWEVER, That the department
from time to time may require the person or agency making
any such small withdrawal to furnish information as to the
means for and the quantity of that withdrawal: PROVIDED,
FURTHER, That at the option of the party making withdrawals of ground waters of the state not exceeding five thousand
gallons per day, applications under this section or declarations under RCW 90.44.090 may be filed and permits and
certificates obtained in the same manner and under the same
requirements as is in this chapter provided in the case of withdrawals in excess of five thousand gallons a day. [2003 c 307
§ 1; 1987 c 109 § 108; 1947 c 122 § 1; 1945 c 263 § 5; Rem.
Supp. 1947 § 7400-5.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
90.44.052
90.44.052 Whitman county clustered residential
developments pilot project—Exemption from permit
requirements—Reports. (1) On a pilot project basis, the
use of water for domestic use in clustered residential developments is exempt as described in subsection (2) of this section from the permit requirements of RCW 90.44.050 in
Whitman county. The department must review the use of
water under this section and its impact on water resources in
the county and report to the legislature by December 31st of
each even-numbered year through 2016 regarding its review.
(2) For the pilot project, the domestic use of water for a
clustered residential development is exempt from the permit
requirements of RCW 90.44.050 for an amount of water that
is not more than one thousand two hundred gallons a day per
residence for a residential development that has an overall
density equal to or less than one residence per ten acres and a
minimum of six homes.
(3) No new right to use water may be established for a
clustered development under this section where the first residential use of water for the development begins after December 31, 2015. [2003 c 307 § 2.]
90.44.100
Permit to withdraw.
Whitman county clustered residential developments pilot
project—Exemption from permit requirements—Reports.
Amendment to permit or certificate—Replacement or new
additional wells—Exemption for small irrigation impoundments.
90.44.050
90.44.050 Permit to withdraw. After June 6, 1945, no
withdrawal of public ground waters of the state shall be
begun, nor shall any well or other works for such withdrawal
be constructed, unless an application to appropriate such
waters has been made to the department and a permit has
been granted by it as herein provided: EXCEPT, HOWEVER, That any withdrawal of public ground waters for
stock-watering purposes, or for the watering of a lawn or of a
noncommercial garden not exceeding one-half acre in area,
or for single or group domestic uses in an amount not exceeding five thousand gallons a day, or as provided in RCW
90.44.052, or for an industrial purpose in an amount not
exceeding five thousand gallons a day, is and shall be exempt
from the provisions of this section, but, to the extent that it is
regularly used beneficially, shall be entitled to a right equal to
[2003 RCW Supp—page 1154]
90.44.100 Amendment to permit or certificate—
Replacement or new additional wells—Exemption for
small irrigation impoundments. (1) After an application to,
and upon the issuance by the department of an amendment to
the appropriate permit or certificate of ground water right, the
holder of a valid right to withdraw public ground waters may,
without losing the holder's priority of right, construct wells or
other means of withdrawal at a new location in substitution
for or in addition to those at the original location, or the
holder may change the manner or the place of use of the
water.
(2) An amendment to construct replacement or a new
additional well or wells at a location outside of the location of
the original well or wells or to change the manner or place of
use of the water shall be issued only after publication of
notice of the application and findings as prescribed in the
case of an original application. Such amendment shall be
issued by the department only on the conditions that: (a) The
additional or replacement well or wells shall tap the same
body of public ground water as the original well or wells; (b)
where a replacement well or wells is approved, the use of the
original well or wells shall be discontinued and the original
Reclaimed Water Use
90.48.140
90.46.120
well or wells shall be properly decommissioned as required
under chapter 18.104 RCW; (c) where an additional well or
wells is constructed, the original well or wells may continue
to be used, but the combined total withdrawal from the original and additional well or wells shall not enlarge the right
conveyed by the original permit or certificate; and (d) other
existing rights shall not be impaired. The department may
specify an approved manner of construction and shall require
a showing of compliance with the terms of the amendment, as
provided in RCW 90.44.080 in the case of an original permit.
(3) The construction of a replacement or new additional
well or wells at the location of the original well or wells shall
be allowed without application to the department for an
amendment. However, the following apply to such a replacement or new additional well: (a) The well shall tap the same
body of public ground water as the original well or wells; (b)
if a replacement well is constructed, the use of the original
well or wells shall be discontinued and the original well or
wells shall be properly decommissioned as required under
chapter 18.104 RCW; (c) if a new additional well is constructed, the original well or wells may continue to be used,
but the combined total withdrawal from the original and additional well or wells shall not enlarge the right conveyed by
the original water use permit or certificate; (d) the construction and use of the well shall not interfere with or impair
water rights with an earlier date of priority than the water
right or rights for the original well or wells; (e) the replacement or additional well shall be located no closer than the
original well to a well it might interfere with; (f) the department may specify an approved manner of construction of the
well; and (g) the department shall require a showing of compliance with the conditions of this subsection (3).
(4) As used in this section, the "location of the original
well or wells" is the area described as the point of withdrawal
in the original public notice published for the application for
the water right for the well.
(5) The development and use of a small irrigation
impoundment, as defined in RCW 90.03.370(8), does not
constitute a change or amendment for the purposes of this
section. The exemption expressly provided by this subsection shall not be construed as requiring an amendment of any
existing water right to enable the holder of the right to store
water governed by the right. [2003 c 329 § 3; 1997 c 316 § 2;
1987 c 109 § 113; 1945 c 263 § 10; Rem. Supp. 1945 § 740010.]
90.46.120 Use of water from wastewater treatment
facility—Consideration in regional water supply plan or
potable water supply service planning. (1) The owner of a
wastewater treatment facility that is reclaiming water with a
permit issued under this chapter has the exclusive right to any
reclaimed water generated by the wastewater treatment facility. Use and distribution of the reclaimed water by the owner
of the wastewater treatment facility is exempt from the permit requirements of RCW 90.03.250 and 90.44.060. Revenues derived from the reclaimed water facility shall be used
only to offset the cost of operation of the wastewater utility
fund or other applicable source of system-wide funding.
(2) If the proposed use or uses of reclaimed water are
intended to augment or replace potable water supplies or create the potential for the development of additional potable
water supplies, such use or uses shall be considered in the
development of the regional water supply plan or plans
addressing potable water supply service by multiple water
purveyors. The owner of a wastewater treatment facility that
proposes to reclaim water shall be included as a participant in
the development of such regional water supply plan or plans.
(3) Where opportunities for the use of reclaimed water
exist within the period of time addressed by a water supply
plan or coordinated water system plan developed under chapter 43.20 or 70.116 RCW, these plans must be developed and
coordinated to ensure that opportunities for reclaimed water
are evaluated. The requirements of this subsection (3) do not
apply to water system plans developed under chapter 43.20
RCW for utilities serving less than one thousand service connections. [2003 1st sp.s. c 5 § 13; 1997 c 444 § 1.]
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
Severability—1997 c 444: See note following RCW 90.46.010.
Chapter 90.48
Chapter 90.48 RCW
WATER POLLUTION CONTROL
Sections
90.48.112
90.48.140
90.48.260
90.48.422
90.48.495
90.48.530
90.48.531
Plan evaluation—Consideration of reclaimed water.
Penalty. (Effective July 1, 2004.)
Federal clean water act—Department designated as state
agency, authority—Delegation of authority—Powers,
duties, and functions.
Water quality standards—Compliance methods—Department
authority.
Water conservation measures to be considered in sewer plans.
Construction projects involving fill material—Leaching test.
Leaching tests—Identification—Report to the legislature.
90.48.112
Intent—1997 c 316: "The legislature intends that the holder of a valid
permit or certificate of ground water right be permitted by the department of
ecology to amend a valid permit or certificate to allow full and complete
development of the valid right by the construction of replacement or additional wells at the original location or new locations." [1997 c 316 § 1.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Chapter 90.46
Chapter 90.46 RCW
RECLAIMED WATER USE
90.48.112 Plan evaluation—Consideration of
reclaimed water. The evaluation of any plans submitted
under RCW 90.48.110 must include consideration of opportunities for the use of reclaimed water as defined in RCW
90.46.010. Wastewater plans submitted under RCW
90.48.110 must include a statement describing how applicable reclamation and reuse elements will be coordinated as
required under RCW 90.46.120(2). [2003 1st sp.s. c 5 § 12;
1997 c 444 § 9.]
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
Severability—1997 c 444: See note following RCW 90.46.010.
Sections
90.48.140
90.46.120
Use of water from wastewater treatment facility—Consideration in regional water supply plan or potable water supply
service planning.
90.48.140 Penalty. (Effective July 1, 2004.) Any person found guilty of willfully violating any of the provisions
of this chapter or chapter 90.56 RCW, or any final written
[2003 RCW Supp—page 1155]
90.48.260
Title 90 RCW: Water Rights—Environment
orders or directive of the department or a court in pursuance
thereof is guilty of a gross misdemeanor, and upon conviction
thereof shall be punished by a fine of up to ten thousand dollars and costs of prosecution, or by imprisonment in the
county jail for not more than one year, or by both such fine
and imprisonment in the discretion of the court. Each day
upon which a willful violation of the provisions of this chapter or chapter 90.56 RCW occurs may be deemed a separate
and additional violation. [2003 c 53 § 419; 1992 c 73 § 26;
1973 c 155 § 8; 1945 c 216 § 20; Rem. Supp. 1945 § 10964t.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and
90.56.905.
90.48.260
90.48.260 Federal clean water act—Department designated as state agency, authority—Delegation of authority—Powers, duties, and functions. The department of
ecology is hereby designated as the State Water Pollution
Control Agency for all purposes of the federal clean water act
as it exists on February 4, 1987, and is hereby authorized to
participate fully in the programs of the act as well as to take
all action necessary to secure to the state the benefits and to
meet the requirements of that act. With regard to the national
estuary program established by section 320 of that act, the
department shall exercise its responsibility jointly with the
*Puget Sound water quality authority. The department of
ecology may delegate its authority under this chapter, including its national pollutant discharge elimination permit system
authority and duties regarding animal feeding operations and
concentrated animal feeding operations, to the department of
agriculture through a memorandum of understanding. Until
any such delegation receives federal approval, the department of agriculture's adoption or issuance of animal feeding
operation and concentrated animal feeding operation rules,
permits, programs, and directives pertaining to water quality
shall be accomplished after reaching agreement with the
director of the department of ecology. Adoption or issuance
and implementation shall be accomplished so that compliance with such animal feeding operation and concentrated
animal feeding operation rules, permits, programs, and directives will achieve compliance with all federal and state water
pollution control laws. The powers granted herein include,
among others, and notwithstanding any other provisions of
chapter 90.48 RCW or otherwise, the following:
(1) Complete authority to establish and administer a
comprehensive state point source waste discharge or pollution discharge elimination permit program which will enable
the department to qualify for full participation in any national
waste discharge or pollution discharge elimination permit
system and will allow the department to be the sole agency
issuing permits required by such national system operating in
the state of Washington subject to the provisions of RCW
90.48.262(2). Program elements authorized herein may
include, but are not limited to: (a) Effluent treatment and limitation requirements together with timing requirements
related thereto; (b) applicable receiving water quality standards requirements; (c) requirements of standards of performance for new sources; (d) pretreatment requirements; (e)
termination and modification of permits for cause; (f)
requirements for public notices and opportunities for public
[2003 RCW Supp—page 1156]
hearings; (g) appropriate relationships with the secretary of
the army in the administration of his responsibilities which
relate to anchorage and navigation, with the administrator of
the environmental protection agency in the performance of
his duties, and with other governmental officials under the
federal clean water act; (h) requirements for inspection, monitoring, entry, and reporting; (i) enforcement of the program
through penalties, emergency powers, and criminal sanctions; (j) a continuing planning process; and (k) user charges.
(2) The power to establish and administer state programs
in a manner which will insure the procurement of moneys,
whether in the form of grants, loans, or otherwise; to assist in
the construction, operation, and maintenance of various water
pollution control facilities and works; and the administering
of various state water pollution control management, regulatory, and enforcement programs.
(3) The power to develop and implement appropriate
programs pertaining to continuing planning processes, areawide waste treatment management plans, and basin planning.
The governor shall have authority to perform those
actions required of him or her by the federal clean water act.
[2003 c 325 § 7; 1988 c 220 § 1; 1983 c 270 § 1; 1979 ex.s. c
267 § 1; 1973 c 155 § 4; 1967 c 13 § 24.]
*Reviser's note: The Puget Sound water quality authority and its powers and duties, pursuant to the Sunset Act, chapter 43.131 RCW, were terminated June 30, 1995, and repealed June 30, 1996. See 1990 c 115 §§ 11 and
12. Powers, duties, and functions of the Puget Sound water quality authority
pertaining to cleanup and protection of Puget Sound transferred to the Puget
Sound action team by 1996 c 138 § 11. See RCW 90.71.903.
Intent—Finding—2003 c 325: See note following RCW 90.64.030.
Severability—1983 c 270: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 270 § 5.]
90.48.422
90.48.422 Water quality standards—Compliance
methods—Department authority. (1) The legislature finds
that the courts have rendered decisions in Elkhorn (Public
Utility District No. 1 v. Washington Department of Ecology,
511 U.S. 700, 114 S. Ct. 1900, 128 L.Ed. 2d 716 (1994)) and
Sullivan Creek (Public Utility District No. 1 of Pend Oreille
County v. Washington Department of Ecology, 146 Wn.2d
778, 51 P.3d 744 (2002)) related to water quality certifications issued under section 401 of the clean water act, 33
U.S.C. 1251 et seq. Enactment of this legislation does not
expand or contract the legal holdings of these decisions and
does not affect in any way the application of these holdings to
any future case or fact pattern related to water quality certifications issued for federally licensed hydropower facilities
under section 401 of the clean water act, 33 U.S.C. 1251 et
seq.
(2) When a water quality standard cannot be reasonably
met through the issuance of permits or regulatory orders
issued under the authority of this chapter, the department may
use voluntary, incentive-based methods including funding of
water conservation projects, lease and purchase of water
rights, development of new storage projects, or habitat restoration projects in an attempt to meet water quality standards.
(3) The department may not abrogate, supersede, impair,
or condition the ability of a water right holder to fully divert
or withdraw water under a water right permit, certificate, statutory exemption, or claim granted or recognized under chap-
Water Resources Act of 1971
ter 90.03, 90.14, or 90.44 RCW through the authority granted
to the department in this chapter. However, nothing in chapter 15, Laws of 2003 1st sp. sess. shall be construed to affect
the department's authority related to the issuance of certifications under section 401 of the federal clean water act, 33
U.S.C. 1251 et seq., with respect to the application of federally authorized water quality standards, for federal energy
regulatory commission licensed hydropower projects as provided under this chapter and chapter 90.74 RCW. With
respect to federal energy regulatory commission licensed
hydropower projects, the department may only require a person to mitigate or remedy a water quality violation or problem to the extent there is substantial evidence such person has
caused such violation or problem. [2003 1st sp.s. c 15 § 1.]
90.56.300
ods for analyzing water quality impacts for all types of
projects and in all circumstances where fill material is
imported. The department shall also identify any gaps in
leaching test methodology. The department shall report both
the leaching test list and the list of test methodology gaps to
the appropriate committees of the legislature by December
31, 2003. [2003 c 210 § 2.]
Effective date—2003 c 210: See note following RCW 90.48.530.
Chapter 90.54
Chapter 90.54 RCW
WATER RESOURCES ACT OF 1971
Sections
90.54.191
Stream flow restoration a priority.
90.48.495
90.48.495 Water conservation measures to be considered in sewer plans. The department of ecology shall
require sewer plans to include a discussion of water conservation measures considered or underway that would reduce
flows to the sewerage system and an analysis of their anticipated impact on public sewer service and treatment capacity.
[2003 1st sp.s. c 5 § 11; 1989 c 348 § 10.]
90.54.191
90.54.191 Stream flow restoration a priority. The
department shall prioritize the expenditure of funds and other
resources for programs related to stream flow restoration in
watersheds where the exercise of inchoate water rights may
have a larger effect on stream flows and other water uses.
[2003 1st sp.s. c 5 § 10.]
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
Severability—1989 c 348: See note following RCW 90.54.020.
Rights not impaired—1989 c 348: See RCW 90.54.920.
Chapter 90.56 RCW
OIL AND HAZARDOUS SUBSTANCE SPILL
PREVENTION AND RESPONSE
Chapter 90.56
90.48.530
90.48.530 Construction projects involving fill material—Leaching test. (1) In order to ensure that construction
projects involving the use of fill material do not pose a threat
to water quality, the department may require that the suitability of potential fill material be evaluated using a leaching test
included in the soil clean-up rules adopted by the department
under chapter 70.105D RCW in any water quality certification issued under section 401 of the federal clean water act
and in any administrative order issued under this chapter,
where such certification or administrative order authorizes
the placement of fill material, some or all of which will be
placed in waters of the state. Any such requirement imposed
by the department in a water quality certification or administrative order issued prior to May 9, 2003, is ratified and
approved by the legislature as a valid and reliable method for
determining concentrations of chemical constituents that can
be present in fill material without posing an unacceptable risk
of violating water quality standards, and shall be in effect as
imposed by the department for all work not completed by
June 1, 2003.
(2) Nothing in this section limits, in any way, the department's authority under this chapter. [2003 c 210 § 1.]
Effective date—2003 c 210: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 9, 2003]." [2003 c 210 § 3.]
90.48.531
90.48.531 Leaching tests—Identification—Report to
the legislature. The department shall identify the leaching
tests utilized for evaluating the potential impacts to water
quality in situations where fill material is imported. The tests
may include those identified in the soil clean-up rules
adopted by the department under chapter 70.105D RCW.
Within existing resources, the department shall assess
whether this list of leaching tests provides appropriate meth-
Sections
90.56.300
90.56.335
Unlawful operation of facility—Criminal penalties. (Effective
July 1, 2004.)
Vessel response account—Dedicated rescue tug. (Expires
July 1, 2008.)
90.56.300
90.56.300 Unlawful operation of facility—Criminal
penalties. (Effective July 1, 2004.) (1) Except as provided
in subsection (3) of this section, it shall be unlawful for the
owner or operator to knowingly and intentionally operate in
this state or on the waters of this state an onshore or offshore
facility without an approved contingency plan or an approved
prevention plan as required by this chapter, or financial
responsibility in compliance with chapter 88.40 RCW and the
federal oil pollution act of 1990.
(2)(a) The first conviction under this section is a gross
misdemeanor under chapter 9A.20 RCW.
(b) A second or subsequent conviction is a class C felony
under chapter 9A.20 RCW.
(3) It shall not be unlawful for the owner or operator to
operate an onshore or offshore facility if:
(a) The facility is not required to have a contingency
plan, spill prevention plan, or financial responsibility; or
(b) All required plans have been submitted to the department as required by RCW 90.56.210 and rules adopted by the
department and the department is reviewing the plan and has
not denied approval.
(4) A person may rely on a copy of the statement issued
by the department pursuant to RCW 90.56.210(7) as evidence that a facility has an approved contingency plan and
the statement issued pursuant to RCW 90.56.200(4) that a
facility has an approved prevention plan. [2003 c 53 § 420;
1992 c 73 § 34; 1991 c 200 § 301; 1990 c 116 § 8. Formerly
RCW 90.48.376.]
[2003 RCW Supp—page 1157]
90.56.335
Title 90 RCW: Water Rights—Environment
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective dates—1992 c 73: See RCW 82.23B.902.
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
90.56.335
90.56.335 Vessel response account—Dedicated rescue tug. (Expires July 1, 2008.) The vessel response
account is created in the state treasury. Grants, gifts, and federal funds may be deposited into the account. Oil spill penalties assessed against ships under RCW 90.56.330 and
90.48.144 shall also be deposited into the account as well as
the money distributed under RCW 46.68.020(2). Moneys in
the account may be spent only after appropriation. The
department of ecology is authorized to utilize the vessel
response account to preposition a dedicated rescue tug at the
entrance to the Strait of Juan de Fuca to reduce the risk of
major maritime accidents and oil spills on the outer coast and
western strait. Prior to authorizing the rescue tug to respond
to a distressed vessel, the department shall work with the
United States coast guard and industry to determine if
another capable, unencumbered commercial tug is available
in the area that can respond. If such a tug can respond without increasing the risk of a casualty, it should be deployed as
the tug of choice and the state-contracted rescue tug should
not be taken off standby duty. The department is also authorized to spot charter tugs as needed during major storms and
other high risk periods to protect maritime commerce and the
environment anywhere in state waters.
The department shall not proceed with rule making
related to emergency towing pursuant to chapter 88.46 RCW,
so long as the deposit of the fee into the vessel response
account under RCW 46.68.020(2) is continued and is appropriated for the purpose of the dedicated rescue tug. [2003 c
264 § 3.]
Expiration date—2003 c 264 §§ 1 and 3: "Sections 1 and 3 of this act
expire July 1, 2008." [2003 c 264 § 9.]
Chapter 90.58 RCW
SHORELINE MANAGEMENT ACT OF 1971
Chapter 90.58
Sections
90.58.030
90.58.060
90.58.080
90.58.090
90.58.147
90.58.180
90.58.190
90.58.250
Definitions and concepts.
Review and adoption of guidelines—Public hearings, notice
of—Amendments.
Timetable for local governments to develop or amend master
programs—Review of master programs—Grants.
Approval of master program or segments or amendments—
Procedure—Departmental alternatives when shorelines of
statewide significance—Later adoption of master program
supersedes departmental program.
Substantial development permit—Exemption for projects to
improve fish or wildlife habitat or fish passage.
Appeals from granting, denying, or rescinding permits—
Board to act—Local government appeals to board—
Grounds for declaring rule, regulation, or guideline
invalid—Appeals to court.
Appeal of department's decision to adopt or amend a master
program.
Intent—Department to cooperate with local governments—
Grants for development of master programs.
90.58.030
90.58.030 Definitions and concepts. As used in this
chapter, unless the context otherwise requires, the following
definitions and concepts apply:
(1) Administration:
[2003 RCW Supp—page 1158]
(a) "Department" means the department of ecology;
(b) "Director" means the director of the department of
ecology;
(c) "Local government" means any county, incorporated
city, or town which contains within its boundaries any lands
or waters subject to this chapter;
(d) "Person" means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of the state or local governmental
unit however designated;
(e) "Hearing board" means the shoreline hearings board
established by this chapter.
(2) Geographical:
(a) "Extreme low tide" means the lowest line on the land
reached by a receding tide;
(b) "Ordinary high water mark" on all lakes, streams, and
tidal water is that mark that will be found by examining the
bed and banks and ascertaining where the presence and action
of waters are so common and usual, and so long continued in
all ordinary years, as to mark upon the soil a character distinct
from that of the abutting upland, in respect to vegetation as
that condition exists on June 1, 1971, as it may naturally
change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the
department: PROVIDED, That in any area where the ordinary high water mark cannot be found, the ordinary high
water mark adjoining salt water shall be the line of mean
higher high tide and the ordinary high water mark adjoining
fresh water shall be the line of mean high water;
(c) "Shorelines of the state" are the total of all "shorelines" and "shorelines of statewide significance" within the
state;
(d) "Shorelines" means all of the water areas of the state,
including reservoirs, and their associated shorelands,
together with the lands underlying them; except (i) shorelines
of statewide significance; (ii) shorelines on segments of
streams upstream of a point where the mean annual flow is
twenty cubic feet per second or less and the wetlands associated with such upstream segments; and (iii) shorelines on
lakes less than twenty acres in size and wetlands associated
with such small lakes;
(e) "Shorelines of statewide significance" means the following shorelines of the state:
(i) The area between the ordinary high water mark and
the western boundary of the state from Cape Disappointment
on the south to Cape Flattery on the north, including harbors,
bays, estuaries, and inlets;
(ii) Those areas of Puget Sound and adjacent salt waters
and the Strait of Juan de Fuca between the ordinary high
water mark and the line of extreme low tide as follows:
(A) Nisqually Delta—from DeWolf Bight to Tatsolo
Point,
(B) Birch Bay—from Point Whitehorn to Birch Point,
(C) Hood Canal—from Tala Point to Foulweather Bluff,
(D) Skagit Bay and adjacent area—from Brown Point to
Yokeko Point, and
(E) Padilla Bay—from March Point to William Point;
(iii) Those areas of Puget Sound and the Strait of Juan de
Fuca and adjacent salt waters north to the Canadian line and
lying seaward from the line of extreme low tide;
Shoreline Management Act of 1971
(iv) Those lakes, whether natural, artificial, or a combination thereof, with a surface acreage of one thousand acres
or more measured at the ordinary high water mark;
(v) Those natural rivers or segments thereof as follows:
(A) Any west of the crest of the Cascade range downstream of a point where the mean annual flow is measured at
one thousand cubic feet per second or more,
(B) Any east of the crest of the Cascade range downstream of a point where the annual flow is measured at two
hundred cubic feet per second or more, or those portions of
rivers east of the crest of the Cascade range downstream from
the first three hundred square miles of drainage area, whichever is longer;
(vi) Those shorelands associated with (i), (ii), (iv), and
(v) of this subsection (2)(e);
(f) "Shorelands" or "shoreland areas" means those lands
extending landward for two hundred feet in all directions as
measured on a horizontal plane from the ordinary high water
mark; floodways and contiguous floodplain areas landward
two hundred feet from such floodways; and all wetlands and
river deltas associated with the streams, lakes, and tidal
waters which are subject to the provisions of this chapter; the
same to be designated as to location by the department of
ecology.
(i) Any county or city may determine that portion of a
one-hundred-year-flood plain to be included in its master
program as long as such portion includes, as a minimum, the
floodway and the adjacent land extending landward two hundred feet therefrom.
(ii) Any city or county may also include in its master program land necessary for buffers for critical areas, as defined
in chapter 36.70A RCW, that occur within shorelines of the
state, provided that forest practices regulated under chapter
76.09 RCW, except conversions to nonforest land use, on
lands subject to the provisions of this subsection (2)(f)(ii) are
not subject to additional regulations under this chapter;
(g) "Floodway" means those portions of the area of a
river valley lying streamward from the outer limits of a
watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity,
although not necessarily annually, said floodway being identified, under normal condition, by changes in surface soil
conditions or changes in types or quality of vegetative ground
cover condition. The floodway shall not include those lands
that can reasonably be expected to be protected from flood
waters by flood control devices maintained by or maintained
under license from the federal government, the state, or a
political subdivision of the state;
(h) "Wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally
created from nonwetland sites, including, but not limited to,
irrigation and drainage ditches, grass-lined swales, canals,
detention facilities, wastewater treatment facilities, farm
ponds, and landscape amenities, or those wetlands created
after July 1, 1990, that were unintentionally created as a
result of the construction of a road, street, or highway. Wet-
90.58.030
lands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of
wetlands.
(3) Procedural terms:
(a) "Guidelines" means those standards adopted to
implement the policy of this chapter for regulation of use of
the shorelines of the state prior to adoption of master programs. Such standards shall also provide criteria to local
governments and the department in developing master programs;
(b) "Master program" shall mean the comprehensive use
plan for a described area, and the use regulations together
with maps, diagrams, charts, or other descriptive material and
text, a statement of desired goals, and standards developed in
accordance with the policies enunciated in RCW 90.58.020;
(c) "State master program" is the cumulative total of all
master programs approved or adopted by the department of
ecology;
(d) "Development" means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or
any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters
overlying lands subject to this chapter at any state of water
level;
(e) "Substantial development" shall mean any development of which the total cost or fair market value exceeds five
thousand dollars, or any development which materially interferes with the normal public use of the water or shorelines of
the state. The dollar threshold established in this subsection
(3)(e) must be adjusted for inflation by the office of financial
management every five years, beginning July 1, 2007, based
upon changes in the consumer price index during that time
period. "Consumer price index" means, for any calendar
year, that year's annual average consumer price index, Seattle, Washington area, for urban wage earners and clerical
workers, all items, compiled by the bureau of labor and statistics, United States department of labor. The office of financial management must calculate the new dollar threshold and
transmit it to the office of the code reviser for publication in
the Washington State Register at least one month before the
new dollar threshold is to take effect. The following shall not
be considered substantial developments for the purpose of
this chapter:
(i) Normal maintenance or repair of existing structures or
developments, including damage by accident, fire, or elements;
(ii) Construction of the normal protective bulkhead common to single family residences;
(iii) Emergency construction necessary to protect property from damage by the elements;
(iv) Construction and practices normal or necessary for
farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, and the construction and maintenance of irrigation structures including
but not limited to head gates, pumping facilities, and irrigation channels. A feedlot of any size, all processing plants,
other activities of a commercial nature, alteration of the contour of the shorelands by leveling or filling other than that
which results from normal cultivation, shall not be consid[2003 RCW Supp—page 1159]
90.58.030
Title 90 RCW: Water Rights—Environment
ered normal or necessary farming or ranching activities. A
feedlot shall be an enclosure or facility used or capable of
being used for feeding livestock hay, grain, silage, or other
livestock feed, but shall not include land for growing crops or
vegetation for livestock feeding and/or grazing, nor shall it
include normal livestock wintering operations;
(v) Construction or modification of navigational aids
such as channel markers and anchor buoys;
(vi) Construction on shorelands by an owner, lessee, or
contract purchaser of a single family residence for his own
use or for the use of his or her family, which residence does
not exceed a height of thirty-five feet above average grade
level and which meets all requirements of the state agency or
local government having jurisdiction thereof, other than
requirements imposed pursuant to this chapter;
(vii) Construction of a dock, including a community
dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of
single and multiple family residences. This exception applies
if either: (A) In salt waters, the fair market value of the dock
does not exceed two thousand five hundred dollars; or (B) in
fresh waters, the fair market value of the dock does not
exceed ten thousand dollars, but if subsequent construction
having a fair market value exceeding two thousand five hundred dollars occurs within five years of completion of the
prior construction, the subsequent construction shall be considered a substantial development for the purpose of this
chapter;
(viii) Operation, maintenance, or construction of canals,
waterways, drains, reservoirs, or other facilities that now
exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored
ground water for the irrigation of lands;
(ix) The marking of property lines or corners on state
owned lands, when such marking does not significantly interfere with normal public use of the surface of the water;
(x) Operation and maintenance of any system of dikes,
ditches, drains, or other facilities existing on September 8,
1975, which were created, developed, or utilized primarily as
a part of an agricultural drainage or diking system;
(xi) Site exploration and investigation activities that are
prerequisite to preparation of an application for development
authorization under this chapter, if:
(A) The activity does not interfere with the normal public use of the surface waters;
(B) The activity will have no significant adverse impact
on the environment including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values;
(C) The activity does not involve the installation of a
structure, and upon completion of the activity the vegetation
and land configuration of the site are restored to conditions
existing before the activity;
(D) A private entity seeking development authorization
under this section first posts a performance bond or provides
other evidence of financial responsibility to the local jurisdiction to ensure that the site is restored to preexisting conditions; and
(E) The activity is not subject to the permit requirements
of RCW 90.58.550;
[2003 RCW Supp—page 1160]
(xii) The process of removing or controlling an aquatic
noxious weed, as defined in RCW 17.26.020, through the use
of an herbicide or other treatment methods applicable to
weed control that are recommended by a final environmental
impact statement published by the department of agriculture
or the department jointly with other state agencies under
chapter 43.21C RCW. [2003 c 321 § 2; 2002 c 230 § 2; 1996
c 265 § 1. Prior: 1995 c 382 § 10; 1995 c 255 § 5; 1995 c 237
§ 1; 1987 c 474 § 1; 1986 c 292 § 1; 1982 1st ex.s. c 13 § 2;
1980 c 2 § 3; 1979 ex.s. c 84 § 3; 1975 1st ex.s. c 182 § 1;
1973 1st ex.s. c 203 § 1; 1971 ex.s. c 286 § 3.]
Finding—Intent—2003 c 321: "(1) The legislature finds that the final
decision and order in Everett Shorelines Coalition v. City of Everett and
Washington State Department of Ecology, Case No. 02-3-0009c, issued on
January 9, 2003, by the central Puget Sound growth management hearings
board was a case of first impression interpreting the addition of the shoreline
management act into the growth management act, and that the board considered the appeal and issued its final order and decision without the benefit of
shorelines guidelines to provide guidance on the implementation of the
shoreline management act and the adoption of shoreline master programs.
(2) This act is intended to affirm the legislature's intent that:
(a) The shoreline management act be read, interpreted, applied, and
implemented as a whole consistent with decisions of the shoreline hearings
board and Washington courts prior to the decision of the central Puget Sound
growth management hearings board in Everett Shorelines Coalition v. City of
Everett and Washington State Department of Ecology;
(b) The goals of the growth management act, including the goals and
policies of the shoreline management act, set forth in RCW 36.70A.020 and
included in RCW 36.70A.020 by RCW 36.70A.480, continue to be listed
without an order of priority; and
(c) Shorelines of statewide significance may include critical areas as
defined by RCW 36.70A.030(5), but that shorelines of statewide significance are not critical areas simply because they are shorelines of statewide
significance.
(3) The legislature intends that critical areas within the jurisdiction of
the shoreline management act shall be governed by the shoreline management act and that critical areas outside the jurisdiction of the shoreline management act shall be governed by the growth management act. The legislature further intends that the quality of information currently required by the
shoreline management act to be applied to the protection of critical areas
within shorelines of the state shall not be limited or changed by the provisions of the growth management act." [2003 c 321 § 1.]
Finding—Intent—2002 c 230: "The legislature finds that the dollar
threshold for what constitutes substantial development under the shoreline
management act has not been changed since 1986. The legislature recognizes that the effects of inflation have brought in many activities under the
jurisdiction of chapter 90.58 RCW that would have been exempted under its
original provisions. It is the intent of the legislature to modify the current
dollar threshold for what constitutes substantial development under the
shoreline management act, and to have this threshold readjusted on a fiveyear basis." [2002 c 230 § 1.]
Severability—Effective date—1995 c 255: See RCW 17.26.900 and
17.26.901.
Severability—1986 c 292: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1986 c 292 § 5.]
Intent—1980 c 2; 1979 ex.s. c 84: "The legislature finds that high tides
and hurricane force winds on February 13, 1979, caused conditions resulting
in the catastrophic destruction of the Hood Canal bridge on state route 104, a
state highway on the federal-aid system; and, as a consequence, the state of
Washington has sustained a sudden and complete failure of a major segment
of highway system with a disastrous impact on transportation services
between the counties of Washington's Olympic peninsula and the remainder
of the state. The governor has by proclamation found that these conditions
constitute an emergency. To minimize the economic loss and hardship to
residents of the Puget Sound and Olympic peninsula regions, it is the intent
of 1979 ex.s. c 84 to authorize the department of transportation to undertake
immediately all necessary actions to restore interim transportation services
across Hood Canal and Puget Sound and upon the Kitsap and Olympic peninsulas and to design and reconstruct a permanent bridge at the site of the
original Hood Canal bridge. The department of transportation is directed to
Shoreline Management Act of 1971
proceed with such actions in an environmentally responsible manner that
would meet the substantive objectives of the state environmental policy act
and the shorelines management act, and shall consult with the department of
ecology in the planning process. The exemptions from the state environmental policy act and the shorelines management act contained in RCW
43.21C.032 and 90.58.030 are intended to approve and ratify the timely
actions of the department of transportation taken and to be taken to restore
interim transportation services and to reconstruct a permanent Hood Canal
bridge without procedural delays." [1980 c 2 § 1; 1979 ex.s. c 84 § 1.]
90.58.060
90.58.060 Review and adoption of guidelines—Public
hearings, notice of—Amendments. (1) The department
shall periodically review and adopt guidelines consistent with
RCW 90.58.020, containing the elements specified in RCW
90.58.100 for:
(a) Development of master programs for regulation of
the uses of shorelines; and
(b) Development of master programs for regulation of
the uses of shorelines of statewide significance.
(2) Before adopting or amending guidelines under this
section, the department shall provide an opportunity for public review and comment as follows:
(a) The department shall mail copies of the proposal to
all cities, counties, and federally recognized Indian tribes,
and to any other person who has requested a copy, and shall
publish the proposed guidelines in the Washington state register. Comments shall be submitted in writing to the department within sixty days from the date the proposal has been
published in the register.
(b) The department shall hold at least four public hearings on the proposal in different locations throughout the
state to provide a reasonable opportunity for residents in all
parts of the state to present statements and views on the proposed guidelines. Notice of the hearings shall be published at
least once in each of the three weeks immediately preceding
the hearing in one or more newspapers of general circulation
in each county of the state. If an amendment to the guidelines
addresses an issue limited to one geographic area, the number
and location of hearings may be adjusted consistent with the
intent of this subsection to assure all parties a reasonable
opportunity to comment on the proposed amendment. The
department shall accept written comments on the proposal
during the sixty-day public comment period and for seven
days after the final public hearing.
(c) At the conclusion of the public comment period, the
department shall review the comments received and modify
the proposal consistent with the provisions of this chapter.
The proposal shall then be published for adoption pursuant to
the provisions of chapter 34.05 RCW.
(3) The department may adopt amendments to the guidelines not more than once each year. Such amendments shall
be limited to: (a) Addressing technical or procedural issues
that result from the review and adoption of master programs
under the guidelines; or (b) issues of guideline compliance
with statutory provisions. [2003 c 262 § 1; 1995 c 347 § 304;
1971 ex.s. c 286 § 6.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
90.58.080
90.58.080 Timetable for local governments to
develop or amend master programs—Review of master
programs—Grants. (1) Local governments shall develop or
90.58.080
amend a master program for regulation of uses of the shorelines of the state consistent with the required elements of the
guidelines adopted by the department in accordance with the
schedule established by this section.
(2)(a) Subject to the provisions of subsections (5) and (6)
of this section, each local government subject to this chapter
shall develop or amend its master program for the regulation
of uses of shorelines within its jurisdiction according to the
following schedule:
(i) On or before December 1, 2005, for the city of Port
Townsend, the city of Bellingham, the city of Everett, Snohomish county, and Whatcom county;
(ii) On or before December 1, 2009, for King county and
the cities within King county greater in population than ten
thousand;
(iii) Except as provided by (a)(i) and (ii) of this subsection, on or before December 1, 2011, for Clallam, Clark, Jefferson, King, Kitsap, Pierce, Snohomish, Thurston, and
Whatcom counties and the cities within those counties;
(iv) On or before December 1, 2012, for Cowlitz, Island,
Lewis, Mason, San Juan, Skagit, and Skamania counties and
the cities within those counties;
(v) On or before December 1, 2013, for Benton, Chelan,
Douglas, Grant, Kittitas, Spokane, and Yakima counties and
the cities within those counties; and
(vi) On or before December 1, 2014, for Adams, Asotin,
Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat,
Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities
within those counties.
(b) Nothing in this subsection (2) shall preclude a local
government from developing or amending its master program
prior to the dates established by this subsection (2).
(3)(a) Following approval by the department of a new or
amended master program, local governments required to
develop or amend master programs on or before December 1,
2009, as provided by subsection (2)(a)(i) and (ii) of this section, shall be deemed to have complied with the schedule
established by subsection (2)(a)(iii) of this section and shall
not be required to complete master program amendments
until seven years after the applicable dates established by
subsection (2)(a)(iii) of this section. Any jurisdiction listed
in subsection (2)(a)(i) of this section that has a new or
amended master program approved by the department on or
after March 1, 2002, but before July 27, 2003, shall not be
required to complete master program amendments until
seven years after the applicable date provided by subsection
(2)(a)(iii) of this section.
(b) Following approval by the department of a new or
amended master program, local governments choosing to
develop or amend master programs on or before December 1,
2009, shall be deemed to have complied with the schedule
established by subsection (2)(a)(iii) through (vi) of this section and shall not be required to complete master program
amendments until seven years after the applicable dates
established by subsection (2)(a)(iii) through (vi) of this section.
(4) Local governments shall conduct a review of their
master programs at least once every seven years after the
applicable dates established by subsection (2)(a)(iii) through
(vi) of this section. Following the review required by this
[2003 RCW Supp—page 1161]
90.58.090
Title 90 RCW: Water Rights—Environment
subsection (4), local governments shall, if necessary, revise
their master programs. The purpose of the review is:
(a) To assure that the master program complies with
applicable law and guidelines in effect at the time of the
review; and
(b) To assure consistency of the master program with the
local government's comprehensive plan and development
regulations adopted under chapter 36.70A RCW, if applicable, and other local requirements.
(5) Local governments are encouraged to begin the process of developing or amending their master programs early
and are eligible for grants from the department as provided by
RCW 90.58.250, subject to available funding. Except for
those local governments listed in subsection (2)(a)(i) and (ii)
of this section, the deadline for completion of the new or
amended master programs shall be two years after the date
the grant is approved by the department. Subsequent master
program review dates shall not be altered by the provisions of
this subsection.
(6)(a) Grants to local governments for developing and
amending master programs pursuant to the schedule established by this section shall be provided at least two years
before the adoption dates specified in subsection (2) of this
section. To the extent possible, the department shall allocate
grants within the amount appropriated for such purposes to
provide reasonable and adequate funding to local governments that have indicated their intent to develop or amend
master programs during the biennium according to the schedule established by subsection (2) of this section. Any local
government that applies for but does not receive funding to
comply with the provisions of subsection (2) of this section
may delay the development or amendment of its master program until the following biennium.
(b) Local governments with delayed compliance dates as
provided in (a) of this subsection shall be the first priority for
funding in subsequent biennia, and the development or
amendment compliance deadline for those local governments
shall be two years after the date of grant approval.
(c) Failure of the local government to apply in a timely
manner for a master program development or amendment
grant in accordance with the requirements of the department
shall not be considered a delay resulting from the provisions
of (a) of this subsection.
(7) Notwithstanding the provisions of this section, all
local governments subject to the requirements of this chapter
that have not developed or amended master programs on or
after March 1, 2002, shall, no later than December 1, 2014,
develop or amend their master programs to comply with
guidelines adopted by the department after January 1, 2003.
[2003 c 262 § 2; 1995 c 347 § 305; 1974 ex.s. c 61 § 1; 1971
ex.s. c 286 § 8.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
90.58.090
90.58.090 Approval of master program or segments
or amendments—Procedure—Departmental alternatives
when shorelines of statewide significance—Later adoption of master program supersedes departmental program. (1) A master program, segment of a master program,
or an amendment to a master program shall become effective
when approved by the department. Within the time period
[2003 RCW Supp—page 1162]
provided in RCW 90.58.080, each local government shall
have submitted a master program, either totally or by segments, for all shorelines of the state within its jurisdiction to
the department for review and approval.
(2) Upon receipt of a proposed master program or
amendment, the department shall:
(a) Provide notice to and opportunity for written comment by all interested parties of record as a part of the local
government review process for the proposal and to all persons, groups, and agencies that have requested in writing
notice of proposed master programs or amendments generally or for a specific area, subject matter, or issue. The comment period shall be at least thirty days, unless the department determines that the level of complexity or controversy
involved supports a shorter period;
(b) In the department's discretion, conduct a public hearing during the thirty-day comment period in the jurisdiction
proposing the master program or amendment;
(c) Within fifteen days after the close of public comment,
request the local government to review the issues identified
by the public, interested parties, groups, and agencies and
provide a written response as to how the proposal addresses
the identified issues;
(d) Within thirty days after receipt of the local government response pursuant to (c) of this subsection, make written findings and conclusions regarding the consistency of the
proposal with the policy of RCW 90.58.020 and the applicable guidelines, provide a response to the issues identified in
(c) of this subsection, and either approve the proposal as submitted, recommend specific changes necessary to make the
proposal approvable, or deny approval of the proposal in
those instances where no alteration of the proposal appears
likely to be consistent with the policy of RCW 90.58.020 and
the applicable guidelines. The written findings and conclusions shall be provided to the local government, all interested
persons, parties, groups, and agencies of record on the proposal;
(e) If the department recommends changes to the proposed master program or amendment, within thirty days after
the department mails the written findings and conclusions to
the local government, the local government may:
(i) Agree to the proposed changes. The receipt by the
department of the written notice of agreement constitutes
final action by the department approving the amendment; or
(ii) Submit an alternative proposal. If, in the opinion of
the department, the alternative is consistent with the purpose
and intent of the changes originally submitted by the department and with this chapter it shall approve the changes and
provide written notice to all recipients of the written findings
and conclusions. If the department determines the proposal is
not consistent with the purpose and intent of the changes proposed by the department, the department may resubmit the
proposal for public and agency review pursuant to this section or reject the proposal.
(3) The department shall approve the segment of a master program relating to shorelines unless it determines that the
submitted segments are not consistent with the policy of
RCW 90.58.020 and the applicable guidelines.
(4) The department shall approve the segment of a master program relating to critical areas as defined by RCW
36.70A.030(5) provided the master program segment is con-
Shoreline Management Act of 1971
sistent with RCW 90.58.020 and applicable shoreline guidelines, and if the segment provides a level of protection of critical areas at least equal to that provided by the local government's critical areas ordinances adopted and thereafter
amended pursuant to RCW 36.70A.060(2).
(5) The department shall approve those segments of the
master program relating to shorelines of statewide significance only after determining the program provides the optimum implementation of the policy of this chapter to satisfy
the statewide interest. If the department does not approve a
segment of a local government master program relating to a
shoreline of statewide significance, the department may
develop and by rule adopt an alternative to the local government's proposal.
(6) In the event a local government has not complied
with the requirements of RCW 90.58.070 it may thereafter
upon written notice to the department elect to adopt a master
program for the shorelines within its jurisdiction, in which
event it shall comply with the provisions established by this
chapter for the adoption of a master program for such shorelines.
Upon approval of such master program by the department it shall supersede such master program as may have
been adopted by the department for such shorelines.
(7) A master program or amendment to a master program
takes effect when and in such form as approved or adopted by
the department. Shoreline master programs that were
adopted by the department prior to July 22, 1995, in accordance with the provisions of this section then in effect, shall
be deemed approved by the department in accordance with
the provisions of this section that became effective on that
date. The department shall maintain a record of each master
program, the action taken on any proposal for adoption or
amendment of the master program, and any appeal of the
department's action. The department's approved document of
record constitutes the official master program. [2003 c 321 §
3; 1997 c 429 § 50; 1995 c 347 § 306; 1971 ex.s. c 286 § 9.]
Finding—Intent—2003 c 321: See note following RCW 90.58.030.
Severability—1997 c 429: See note following RCW 36.70A.3201.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
90.58.147
90.58.147 Substantial development permit—Exemption for projects to improve fish or wildlife habitat or fish
passage. (1) A public or private project that is designed to
improve fish or wildlife habitat or fish passage shall be
exempt from the substantial development permit requirements of this chapter when all of the following apply:
(a) The project has been approved by the department of
fish and wildlife;
(b) The project has received hydraulic project approval
by the department of fish and wildlife pursuant to chapter
77.55 RCW; and
(c) The local government has determined that the project
is substantially consistent with the local shoreline master program. The local government shall make such determination
in a timely manner and provide it by letter to the project proponent.
(2) Fish habitat enhancement projects that conform to the
provisions of RCW 77.55.290 are determined to be consistent
90.58.180
with local shoreline master programs. [2003 c 39 § 49; 1998
c 249 § 4; 1995 c 333 § 1.]
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.290.
90.58.180
90.58.180 Appeals from granting, denying, or
rescinding permits—Board to act—Local government
appeals to board—Grounds for declaring rule, regulation, or guideline invalid—Appeals to court. (1) Any person aggrieved by the granting, denying, or rescinding of a
permit on shorelines of the state pursuant to RCW 90.58.140
may, except as otherwise provided in chapter 43.21L RCW,
seek review from the shorelines hearings board by filing a
petition for review within twenty-one days of the date of filing as defined in RCW 90.58.140(6).
Within seven days of the filing of any petition for review
with the board as provided in this section pertaining to a final
decision of a local government, the petitioner shall serve copies of the petition on the department, the office of the attorney
general, and the local government. The department and the
attorney general may intervene to protect the public interest
and insure that the provisions of this chapter are complied
with at any time within fifteen days from the date of the
receipt by the department or the attorney general of a copy of
the petition for review filed pursuant to this section. The
shorelines hearings board shall schedule review proceedings
on the petition for review without regard as to whether the
period for the department or the attorney general to intervene
has or has not expired.
(2) The department or the attorney general may obtain
review of any final decision granting a permit, or granting or
denying an application for a permit issued by a local government by filing a written petition with the shorelines hearings
board and the appropriate local government within twentyone days from the date the final decision was filed as provided in RCW 90.58.140(6).
(3) The review proceedings authorized in subsections (1)
and (2) of this section are subject to the provisions of chapter
34.05 RCW pertaining to procedures in adjudicative proceedings. Judicial review of such proceedings of the shorelines
hearings board is governed by chapter 34.05 RCW. The
board shall issue its decision on the appeal authorized under
subsections (1) and (2) of this section within one hundred
eighty days after the date the petition is filed with the board
or a petition to intervene is filed by the department or the
attorney general, whichever is later. The time period may be
extended by the board for a period of thirty days upon a
showing of good cause or may be waived by the parties.
(4) Any person may appeal any rules, regulations, or
guidelines adopted or approved by the department within
thirty days of the date of the adoption or approval. The board
shall make a final decision within sixty days following the
hearing held thereon.
(5) The board shall find the rule, regulation, or guideline
to be valid and enter a final decision to that effect unless it
determines that the rule, regulation, or guideline:
(a) Is clearly erroneous in light of the policy of this chapter; or
(b) Constitutes an implementation of this chapter in violation of constitutional or statutory provisions; or
(c) Is arbitrary and capricious; or
[2003 RCW Supp—page 1163]
90.58.190
Title 90 RCW: Water Rights—Environment
(d) Was developed without fully considering and evaluating all material submitted to the department during public
review and comment; or
(e) Was not adopted in accordance with required procedures.
(6) If the board makes a determination under subsection
(5)(a) through (e) of this section, it shall enter a final decision
declaring the rule, regulation, or guideline invalid, remanding
the rule, regulation, or guideline to the department with a
statement of the reasons in support of the determination, and
directing the department to adopt, after a thorough consultation with the affected local government and any other interested party, a new rule, regulation, or guideline consistent
with the board's decision.
(7) A decision of the board on the validity of a rule, regulation, or guideline shall be subject to review in superior
court, if authorized pursuant to chapter 34.05 RCW. A petition for review of the decision of the shorelines hearings
board on a rule, regulation, or guideline shall be filed within
thirty days after the date of final decision by the shorelines
hearings board. [2003 c 393 § 22; 1997 c 199 § 1; 1995 c 347
§ 310; 1994 c 253 § 3; 1989 c 175 § 183; 1986 c 292 § 2;
1975-'76 2nd ex.s. c 51 § 2; 1975 1st ex.s. c 182 § 4; 1973 1st
ex.s. c 203 § 2; 1971 ex.s. c 286 § 18.]
Implementation—Effective date—2003 c 393: See RCW 43.21L.900
and 43.21L.901.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1986 c 292: See note following RCW 90.58.030.
Appeal under this chapter also subject of appeal under state environmental
policy act: RCW 43.21C.075.
90.58.190
90.58.190 Appeal of department's decision to adopt
or amend a master program. (1) The appeal of the department's decision to adopt a master program or amendment
pursuant to RCW 90.58.070(2) or 90.58.090(5) is governed
by RCW 34.05.510 through 34.05.598.
(2)(a) The department's decision to approve, reject, or
modify a proposed master program or amendment adopted by
a local government planning under RCW 36.70A.040 shall
be appealed to the growth management hearings board with
jurisdiction over the local government. The appeal shall be
initiated by filing a petition as provided in RCW 36.70A.250
through 36.70A.320.
(b) If the appeal to the growth management hearings
board concerns shorelines, the growth management hearings
board shall review the proposed master program or amendment solely for compliance with the requirements of this
chapter, the policy of RCW 90.58.020 and the applicable
guidelines, the internal consistency provisions of RCW
36.70A.070, 36.70A.040(4), 35.63.125, and 35A.63.105, and
chapter 43.21C RCW as it relates to the adoption of master
programs and amendments under chapter 90.58 RCW.
(c) If the appeal to the growth management hearings
board concerns a shoreline of statewide significance, the
board shall uphold the decision by the department unless the
board, by clear and convincing evidence, determines that the
decision of the department is inconsistent with the policy of
RCW 90.58.020 and the applicable guidelines.
[2003 RCW Supp—page 1164]
(d) The appellant has the burden of proof in all appeals to
the growth management hearings board under this subsection.
(e) Any party aggrieved by a final decision of a growth
management hearings board under this subsection may
appeal the decision to superior court as provided in RCW
36.70A.300.
(3)(a) The department's decision to approve, reject, or
modify a proposed master program or master program
amendment by a local government not planning under RCW
36.70A.040 shall be appealed to the shorelines hearings
board by filing a petition within thirty days of the date of the
department's written notice to the local government of the
department's decision to approve, reject, or modify a proposed master program or master program amendment as provided in RCW 90.58.090(2).
(b) In an appeal relating to shorelines, the shorelines
hearings board shall review the proposed master program or
master program amendment and, after full consideration of
the presentations of the local government and the department,
shall determine the validity of the local government's master
program or amendment in light of the policy of RCW
90.58.020 and the applicable guidelines.
(c) In an appeal relating to shorelines of statewide significance, the shorelines hearings board shall uphold the decision by the department unless the board determines, by clear
and convincing evidence that the decision of the department
is inconsistent with the policy of RCW 90.58.020 and the
applicable guidelines.
(d) Review by the shorelines hearings board shall be
considered an adjudicative proceeding under chapter 34.05
RCW, the Administrative Procedure Act. The aggrieved
local government shall have the burden of proof in all such
reviews.
(e) Whenever possible, the review by the shorelines
hearings board shall be heard within the county where the
land subject to the proposed master program or master program amendment is primarily located. The department and
any local government aggrieved by a final decision of the
hearings board may appeal the decision to superior court as
provided in chapter 34.05 RCW.
(4) A master program amendment shall become effective
after the approval of the department or after the decision of
the shorelines hearings board to uphold the master program
or master program amendment, provided that the board may
remand the master program or master program adjustment to
the local government or the department for modification prior
to the final adoption of the master program or master program
amendment. [2003 c 321 § 4; 1995 c 347 § 311; 1989 c 175
§ 184; 1986 c 292 § 3; 1971 ex.s. c 286 § 19.]
Finding—Intent—2003 c 321: See note following RCW 90.58.030.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1986 c 292: See note following RCW 90.58.030.
90.58.250
90.58.250 Intent—Department to cooperate with
local governments—Grants for development of master
programs. (1) The legislature intends to eliminate the limits
on state funding of shoreline master program development
and amendment costs. The legislature further intends that the
Dairy Nutrient Management
state will provide funding to local governments that is reasonable and adequate to accomplish the costs of developing
and amending shoreline master programs consistent with the
schedule established by RCW 90.58.080. Except as specifically described herein, nothing in chapter 262, Laws of 2003
is intended to alter the existing obligation, duties, and benefits provided by chapter 262, Laws of 2003 to local governments and the department.
(2) The department is directed to cooperate fully with
local governments in discharging their responsibilities under
this chapter. Funds shall be available for distribution to local
governments on the basis of applications for preparation of
master programs and the provisions of RCW 90.58.080(7).
Such applications shall be submitted in accordance with regulations developed by the department. The department is
authorized to make and administer grants within appropriations authorized by the legislature to any local government
within the state for the purpose of developing a master shorelines program. [2003 c 262 § 3; 1971 ex.s. c 286 § 25.]
Chapter 90.64
Chapter 90.64 RCW
DAIRY NUTRIENT MANAGEMENT
(Formerly: Dairy waste management)
Sections
90.64.030
90.64.120
90.64.150
90.64.813
90.64.901
90.64.030
Investigation of dairy farms—Report of findings—Corrective
action—Violations of water quality laws—Waivers—Penalties.
Department's authority under federal law or chapter 90.48
RCW not affected.
Livestock nutrient management account.
Livestock nutrient management program development and
oversight committee. (Expires June 30, 2006.)
Transfer of powers, duties, and functions to the department of
agriculture.
90.64.030 Investigation of dairy farms—Report of
findings—Corrective action—Violations of water quality
laws—Waivers—Penalties. (1) Under the inspection program established in RCW 90.64.023, the department may
investigate a dairy farm to determine whether the operation is
discharging pollutants or has a record of discharging pollutants into surface or ground waters of the state. Upon concluding an investigation, the department shall make a written
report of its findings, including the results of any water quality measurements, photographs, or other pertinent information, and provide a copy of the report to the dairy producer
within twenty days of the investigation.
(2) The department shall investigate a written complaint
filed with the department within three working days and shall
make a written report of its findings including the results of
any water quality measurements, photographs, or other pertinent information. Within twenty days of receiving a written
complaint, a copy of the findings shall be provided to the
dairy producer subject to the complaint, and to the complainant if the person gave his or her name and address to the
department at the time the complaint was filed.
(3) The department may consider past complaints
against the same dairy farm from the same person and the
results of its previous inspections, and has the discretion to
decide whether to conduct an inspection if:
90.64.030
(a) The same or a similar complaint or complaints have
been filed against the same dairy farm within the immediately preceding six-month period; and
(b) The department made a determination that the activity that was the subject of the prior complaint was not a violation.
(4) If the decision of the department is not to conduct an
inspection, it shall document the decision and the reasons for
the decision within twenty days. The department shall provide the decision to the complainant if the name and address
were provided to the department, and to the dairy producer
subject to the complaint, and the department shall place the
decision in the department's administrative records.
(5) The report of findings of any inspection conducted as
the result of either an oral or a written complaint shall be
placed in the department's administrative records. Only findings of violations shall be entered into the data base identified
in RCW 90.64.130.
(6) A dairy farm that is determined to be a significant
contributor of pollution based on actual water quality tests,
photographs, or other pertinent information is subject to the
provisions of this chapter and to the enforcement provisions
of chapters 43.05 and 90.48 RCW, including civil penalties
levied under RCW 90.48.144.
(7) If the department determines that an unresolved
water quality problem from a dairy farm requires immediate
corrective action, the department shall notify the producer
and the district in which the problem is located. When corrective actions are required to address such unresolved water
quality problems, the department shall provide copies of all
final dairy farm inspection reports and documentation of all
formal regulatory and enforcement actions taken by the
department against that particular dairy farm to the local conservation district and to the appropriate dairy farm within
twenty days.
(8) For a violation of water quality laws that is a first
offense for a dairy producer, the penalty may be waived to
allow the producer to come into compliance with water quality laws. The department shall record all legitimate violations and subsequent enforcement actions.
(9) A discharge, including a storm water discharge, to
surface waters of the state shall not be considered a violation
of this chapter, chapter 90.48 RCW, or chapter 173-201A
WAC, and shall therefore not be enforceable by the department of ecology or a third party, if at the time of the discharge, a violation is not occurring under RCW
90.64.010(18). In addition, a dairy producer shall not be held
liable for violations of this chapter, chapter 90.48 RCW,
chapter 173-201A WAC, or the federal clean water act due to
the discharge of dairy nutrients to waters of the state resulting
from spreading these materials on lands other than where the
nutrients were generated, when the nutrients are spread by
persons other than the dairy producer or the dairy producer's
agent.
(10) As provided under RCW 7.48.305, agricultural
activities associated with the management of dairy nutrients
are presumed to be reasonable and shall not be found to constitute a nuisance unless the activity has a substantial adverse
effect on public health and safety.
(11) This section specifically acknowledges that if a
holder of a general or individual national pollutant discharge
[2003 RCW Supp—page 1165]
90.64.120
Title 90 RCW: Water Rights—Environment
elimination system permit complies with the permit and the
dairy nutrient management plan conditions for appropriate
land application practices, the permit provides compliance
with the federal clean water act and acts as a shield against
citizen or agency enforcement for any additions of pollutants
to waters of the state or of the United States as authorized by
the permit.
(12) A dairy producer who fails to have an approved
dairy nutrient management plan by July 1, 2002, or a certified
dairy nutrient management plan by December 31, 2003, and
for which no appeals have been filed with the pollution control hearings board, is in violation of this chapter. Each
month beyond these deadlines that a dairy producer is out of
compliance with the requirement for either plan approval or
plan certification shall be considered separate violations of
chapter 90.64 RCW that may be subject to penalties. Such
penalties may not exceed one hundred dollars per month for
each violation up to a combined total of five thousand dollars.
The department has discretion in imposing penalties for failure to meet deadlines for plan approval or plan certification if
the failure to comply is due to lack of state funding for implementation of the program. Failure to register as required in
RCW 90.64.017 shall subject a dairy producer to a maximum
penalty of one hundred dollars. Penalties shall be levied by
the department. [2003 c 325 § 3; 2002 c 327 § 1; 1998 c 262
§ 11; 1993 c 221 § 4.]
Intent—Finding—2003 c 325: "A livestock nutrient management program is essential to ensuring a healthy and productive livestock industry in
Washington state. The goal of the program must be to provide clear guidance to livestock farms as to their responsibilities under state and federal law
to protect water quality while maintaining a healthy business climate for
these farms. The program should develop reasonable financial assistance
resources, educational and technical assistance to meet these responsibilities,
and provide for periodic inspection and enforcement actions to ensure compliance with state and federal water quality laws. The legislature intends that
by 2006, there will be a fully functioning state program for concentrated animal feeding operations in the state, and that this program will be a single program for all livestock sectors.
The legislature finds that a livestock nutrient management program is
necessary to address the federal rule changes with which livestock operations must comply. Furthermore, budgetary conditions demand efficient and
effective governance. In addition, many of the existing requirements and
goals for dairy farms will be completed by December 2003, and revisions
will be needed." [2003 c 325 § 1.]
90.64.120
90.64.120 Department's authority under federal law
or chapter 90.48 RCW not affected. (1) Nothing in this
chapter shall affect the department of ecology's authority or
responsibility to administer or enforce the national pollutant
discharge elimination system permits for operators of concentrated dairy animal feeding operations, where required by
federal regulations or to administer the provisions of chapter
90.48 RCW.
(2) Unless the department of ecology delegates its
authority under chapter 90.48 RCW to the department of
agriculture pursuant to RCW 90.48.260, and until any such
delegation of authority receives federal approval, the transfer
specified in RCW 90.64.901 shall not preclude the department of ecology from taking action related to animal feeding
operations or concentrated animal feeding operations to protect water quality pursuant to its authority in chapter 90.48
RCW. Before taking such actions, the department of ecology
shall notify the department of agriculture. [2003 c 325 § 4;
1993 c 221 § 13.]
[2003 RCW Supp—page 1166]
Intent—Finding—2003 c 325: See note following RCW 90.64.030.
90.64.150
90.64.150 Livestock nutrient management account.
The livestock nutrient management account is created in the
custody of the state treasurer. All receipts from monetary
penalties levied pursuant to violations of this chapter must be
deposited into the account. Expenditures from the account
may be used only to provide grants for research or education
proposals that assist livestock operations to achieve compliance with state and federal water quality laws. The director
of agriculture shall accept and prioritize research proposals
and education proposals. Only the director or the director's
designee may authorize expenditures from the account. The
account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures. [2003 c 325 § 5; 1998 c 262 § 15.]
Intent—Finding—2003 c 325: See note following RCW 90.64.030.
90.64.813
90.64.813 Livestock nutrient management program
development and oversight committee. (Expires June 30,
2006.) (1) A livestock nutrient management program development and oversight committee is created comprised of the
following members, appointed as follows:
(a) The director of the department of agriculture, or the
director's designee, who shall serve as committee chair;
(b) The director of the department of ecology, or the
director's designee;
(c) A representative of the United States environmental
protection agency, appointed by the regional director of the
agency unless the agency chooses not to be represented on
the committee;
(d) A representative of commercial shellfish growers,
nominated by an organization representing these growers,
appointed by the governor;
(e) A representative of an environmental interest organization with familiarity and expertise in water quality issues,
appointed by the governor;
(f) A representative of tribal governments as nominated
by an organization representing tribal governments,
appointed by the governor;
(g) A representative of Washington State University
appointed by the dean of the college of agriculture and home
economics;
(h) A representative of the Washington association of
conservation districts, appointed by the association's board of
officers;
(i) Three representatives of dairy producers nominated
by a statewide organization representing dairy producers in
the state, appointed by the governor;
(j) Two representatives of beef cattle producers nominated by a statewide organization representing beef cattle
producers in the state, appointed by the governor;
(k) One representative of poultry producers nominated
by a statewide organization representing poultry producers in
the state, appointed by the governor;
(l) One representative of the commercial cattle feedlots
nominated by a statewide organization representing commercial cattle feedlots in the state, appointed by the governor;
and
(m) A representative of any other segment of the livestock industry determined by the director of agriculture to be
Dairy Nutrient Management
subject to federal rules regulating animal feeding or concentrated animal feeding operations.
(2) The state department of agriculture shall provide staff
for the committee. The department of agriculture may
request staff assistance be assigned by the United States environmental protection agency to assist the director in staffing
the committee.
(3) The committee shall establish a work plan that
includes a list of tasks and a projected completion date for
each task.
(4) The committee may establish a subcommittee for
each of the major industry segments that is covered by the
recently adopted federal regulations that pertain to animal
feeding operations and concentrated animal feeding operations. The subcommittee shall be composed of selected
members of the full committee and additional representatives
from that major segment of the livestock industry as determined by the director. The committee shall assign tasks to
the subcommittees and shall establish dates for each subcommittee to report back to the full committee.
(5) The committee shall examine the recently adopted
federal regulations that provide for the regulation of animal
feeding operations and concentrated animal feeding operations and develop a program to be administered by the department of agriculture that meets the requirements and time
frames contained in the federal rules. Elements that the committee shall evaluate include:
(a) A process for adopting standards and for developing
plans for each operation that meet these standards;
(b) A process for revising current national pollution discharge elimination system permits currently held by livestock
operations and to transition these permits into the new system; and
(c) In consultation with the director, a determination of
what other work is needed and what other institutional relationships are needed or desirable. The committee shall consult with representatives of the statewide association of conservation districts regarding any functions or activities that
are proposed to be provided through local conservation districts.
(6) The committee shall review and comment on proposals for grants from the livestock nutrient management
account created in RCW 90.64.150.
(7) The committee shall develop draft proposed legislation that includes:
(a) Statutory changes, including a timeline to achieve the
phased-in levels of regulation under federal law, to comply
with the minimum requirements under federal law and the
minimum requirements under chapter 90.48 RCW. These
changes must meet the requirements necessary to enable the
department of agriculture and the department of ecology to
pursue the United States environmental protection agency's
approval of the transfer of the permitting program as it relates
to the concentrated animal feeding operations from the
department of ecology to the department of agriculture;
(b) Statutory changes necessitated by the transfer of
functions under chapter 90.64 RCW from the department of
ecology to the department of agriculture;
(c) Continued inspection of dairy operations at least once
every two years;
90.64.901
(d) An outreach and education program to inform the
various animal feeding operations and concentrated animal
feeding operations of the program's elements; and
(e) Annual reporting to the legislature on the progress of
the state strategy for implementing the animal feeding operation and concentrated animal feeding operation.
(8) The committee shall provide a report by December 1,
2003, to appropriate committees of the legislature that
includes the results of the committee's evaluation under subsection (5) of this section and draft legislation to initiate the
program.
(9) This section expires June 30, 2006. [2003 c 325 § 2.]
Effective date—2003 c 325 §§ 2 and 6: "Sections 2 and 6 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect July 1, 2003." [2003 c 325 § 9.]
Intent—Finding—2003 c 325: See note following RCW 90.64.030.
90.64.901
90.64.901 Transfer of powers, duties, and functions
to the department of agriculture. (1) All powers, duties,
and functions of the department of ecology pertaining to
chapter 90.64 RCW are transferred to the department of agriculture. All references to the director of ecology or the
department of ecology in the Revised Code of Washington
shall be construed to mean the director of agriculture or the
department of agriculture when referring to the functions
transferred in this section.
(2)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the
department of ecology pertaining to the powers, functions,
and duties transferred shall be delivered to the custody of the
department of agriculture. All cabinets, furniture, office
equipment, motor vehicles, and other tangible property
employed by the department of ecology in carrying out the
powers, functions, and duties transferred shall be made available to the department of agriculture. All funds, credits, or
other assets held in connection with the powers, functions,
and duties transferred shall be assigned to the department of
agriculture.
(b) Any appropriations made to the department of ecology for carrying out the powers, functions, and duties transferred shall, on July 1, 2003, be transferred and credited to the
department of agriculture.
(c) Whenever any question arises as to the transfer of any
funds, books, documents, records, papers, files, equipment,
or other tangible property used or held in the exercise of the
powers and the performance of the duties and functions transferred, the director of financial management shall make a
determination as to the proper allocation and certify the same
to the state agencies concerned.
(3) All rules and all pending business before the department of ecology pertaining to the powers, functions, and
duties transferred shall be continued and acted upon by the
department of agriculture. All existing contracts and obligations shall remain in full force and shall be performed by the
department of agriculture.
(4) The transfer of the powers, duties, and functions of
the department of ecology shall not affect the validity of any
act performed before July 1, 2003.
(5) If apportionments of budgeted funds are required
because of the transfers directed by this section, the director
[2003 RCW Supp—page 1167]
Chapter 90.82
Title 90 RCW: Water Rights—Environment
of financial management shall certify the apportionments to
the agencies affected, the state auditor, and the state treasurer.
Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment
records in accordance with the certification. [2003 c 325 §
6.]
Effective date—2003 c 325 §§ 2 and 6: See note following RCW
90.64.813.
Intent—Finding—2003 c 325: See note following RCW 90.64.030.
Chapter 90.82
Chapter 90.82 RCW
WATERSHED PLANNING
(Formerly: Water resource management)
Sections
90.82.040
90.82.043
90.82.048
90.82.060
90.82.080
90.82.130
WRIA planning units—Watershed planning grants—Eligibility criteria—Administrative costs.
Implementation plan.
Implementation plan—Timelines and milestones.
Initiation of watershed planning—Scope of planning—Technical assistance from state agencies.
Instream flow component—Rules—Report.
Plan approval—Public notice and hearing—Revisions.
90.82.040
90.82.040 WRIA planning units—Watershed planning grants—Eligibility criteria—Administrative costs.
(1) Once a WRIA planning unit has been initiated under
RCW 90.82.060 and a lead agency has been designated, it
shall notify the department and may apply to the department
for funding assistance for conducting the planning and implementation. Funds shall be provided from and to the extent of
appropriations made by the legislature to the department
expressly for this purpose.
(2)(a) Each planning unit that has complied with subsection (1) of this section is eligible to receive watershed planning grants in the following amounts for the first three phases
of watershed planning and phase four watershed plan implementation:
(i) Initiating governments may apply for an initial organizing grant of up to fifty thousand dollars for a single WRIA
or up to seventy-five thousand dollars for a multi-WRIA
management area in accordance with RCW 90.82.060(4);
(ii)(A) A planning unit may apply for up to two hundred
thousand dollars for each WRIA in the management area for
conducting watershed assessments in accordance with RCW
90.82.070, except that a planning unit that chooses to conduct
a detailed assessment or studies under (a)(ii)(B) of this subsection or whose initiating governments choose or have chosen to include an instream flow or water quality component in
accordance with RCW 90.82.080 or 90.82.090 may apply for
up to one hundred thousand additional dollars for each
instream flow and up to one hundred thousand additional dollars for each water quality component included for each
WRIA to conduct an assessment on that optional component
and for each WRIA in which the assessments or studies under
(a)(ii)(B) of this subsection are conducted.
(B) A planning unit may elect to apply for up to one hundred thousand additional dollars to conduct a detailed assessment of multipurpose water storage opportunities or for studies of specific multipurpose storage projects which opportunities or projects are consistent with and support the other
[2003 RCW Supp—page 1168]
elements of the planning unit's watershed plan developed
under this chapter; and
(iii) A planning unit may apply for up to two hundred
fifty thousand dollars for each WRIA in the management area
for developing a watershed plan and making recommendations for actions by local, state, and federal agencies, tribes,
private property owners, private organizations, and individual citizens, including a recommended list of strategies and
projects that would further the purpose of the plan in accordance with RCW 90.82.060 through 90.82.100.
(b) A planning unit may request a different amount for
phase two or phase three of watershed planning than is specified in (a) of this subsection, provided that the total amount
of funds awarded do not exceed the maximum amount the
planning unit is eligible for under (a) of this subsection. The
department shall approve such an alternative allocation of
funds if the planning unit identifies how the proposed alternative will meet the goals of this chapter and provides a proposed timeline for the completion of planning. However, the
up to one hundred thousand additional dollars in funding for
instream flow and water quality components and for water
storage assessments or studies that a planning unit may apply
for under (a)(ii)(A) of this subsection may be used only for
those instream flow, water quality, and water storage purposes.
(c) By December 1, 2001, or within one year of initiating
phase one of watershed planning, whichever occurs later, the
initiating governments for each planning unit must inform the
department whether they intend to have the planning unit
establish or amend instream flows as part of its planning process. If they elect to have the planning unit establish or
amend instream flows, the planning unit is eligible to receive
one hundred thousand dollars for that purpose in accordance
with (a)(ii) of this subsection. If the initiating governments
for a planning unit elect not to establish or amend instream
flows as part of the unit's planning process, the department
shall retain one hundred thousand dollars to carry out an
assessment to support establishment of instream flows and to
establish such flows in accordance with RCW
90.54.020(3)(a) and chapter 90.22 RCW. The department
shall not use these funds to amend an existing instream flow
unless requested to do so by the initiating governments for a
planning unit.
(d) In administering funds appropriated for supplemental
funding for optional plan components under (a)(ii) of this
subsection, the department shall give priority in granting the
available funds to proposals for setting or amending instream
flows.
(e) A planning unit may apply for a matching grant for
phase four watershed plan implementation following
approval under the provisions of RCW 90.82.130. A match
of ten percent is required and may include financial contributions or in-kind goods and services directly related to coordination and oversight functions. The match can be provided
by the planning unit or by the combined commitments from
federal agencies, tribal governments, local governments, special districts, or other local organizations. The phase four
grant may be up to one hundred thousand dollars for each
planning unit for each of the first three years of implementation. At the end of the three-year period, a two-year extension may be available for up to fifty thousand dollars each
Watershed Planning
year. For planning units that cover more than one WRIA,
additional matching funds of up to twenty-five thousand dollars may be available for each additional WRIA per year for
the first three years of implementation, and up to twelve thousand five hundred dollars per WRIA per year for each of the
fourth and fifth years.
(3)(a) The department shall use the eligibility criteria in
this subsection (3) instead of rules, policies, or guidelines
when evaluating grant applications at each stage of the grants
program.
(b) In reviewing grant applications under this subsection
(3), the department shall evaluate whether:
(i) The planning unit meets all of the requirements of this
chapter;
(ii) The application demonstrates a need for state planning funds to accomplish the objectives of the planning process; and
(iii) The application and supporting information evidences a readiness to proceed.
(c) In ranking grant applications submitted at each stage
of the grants program, the department shall give preference to
applications in the following order of priority:
(i) Applications from existing planning groups that have
been in existence for at least one year;
(ii) Applications that address protection and enhancement of fish habitat in watersheds that have aquatic fish species listed or proposed to be listed as endangered or threatened under the federal endangered species act, 16 U.S.C. Sec.
1531 et seq. and for which there is evidence of an inability to
supply adequate water for population and economic growth
from:
(A) First, multi-WRIA planning; and
(B) Second, single WRIA planning;
(iii) Applications that address protection and enhancement of fish habitat in watersheds or for which there is evidence of an inability to supply adequate water for population
and economic growth from:
(A) First, multi-WRIA planning; and
(B) Second, single WRIA planning.
(d) Except for phase four watershed plan implementation, the department may not impose any local matching fund
requirement as a condition for grant eligibility or as a preference for receiving a grant.
(4) The department may retain up to one percent of funds
allocated under this section to defray administrative costs.
(5) Planning under this chapter should be completed as
expeditiously as possible, with the focus being on local stakeholders cooperating to meet local needs.
(6) Funding provided under this section shall be considered a contractual obligation against the moneys appropriated
for this purpose. [2003 1st sp.s. c 4 § 2; 2001 c 237 § 2; 1998
c 247 § 1; 1997 c 442 § 105.]
Findings—2003 1st sp.s. c 4: "The legislature declares and reaffirms
that a core principle embodied in chapter 90.82 RCW is that state agencies
must work cooperatively with local citizens in a process of planning for
future uses of water by giving local citizens and the governments closest to
them the ability to determine the management of water in the WRIA or
WRIAs being planned.
The legislature further finds that this process of local planning must
have all the tools necessary to accomplish this task and that it is essential for
the legislature to provide a clear statutory process for implementation so that
the locally developed plan will be the adopted and implemented plan to the
greatest extent possible." [2003 1st sp.s. c 4 § 1.]
90.82.048
Finding—Intent—2001 c 237: "The legislature is committed to meeting the needs of a growing population and a healthy economy statewide; to
meeting the needs of fish and healthy watersheds statewide; and to advancing these two principles together, in increments over time.
The legislature finds that improved management of the state's water
resources, clarifying the authorities, requirements, and timelines for establishing instream flows, providing timely decisions on water transfers, clarifying the authority of water conservancy boards, and enhancing the flexibility of our water management system to meet both environmental and economic goals are important steps to providing a better future for our state.
The need for these improvements is particularly urgent as we are faced
with drought conditions. The failure to act now will only increase the potential negative effects on both the economy and the environment, including
fisheries resources.
Deliberative action over several legislative sessions and interim periods between sessions will be required to address the long-term goal of
improving the responsiveness of the state water code to meet the diverse
water needs of the state's citizenry. It is the intent of the legislature to begin
this work now by providing tools to enable the state to respond to imminent
drought conditions and other immediate problems relating to water resources
management. It is also the legislature's intent to lay the groundwork for
future legislation for addressing the state's long-term water problems."
[2001 c 237 § 1.]
Severability—2001 c 237: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2001 c 237 § 33.]
Effective date—2001 c 237: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 10, 2001]." [2001 c 237 § 34.]
Intent—2001 c 237: See note following RCW 90.66.065.
90.82.043
90.82.043 Implementation plan. (1) Within one year
of accepting funding under RCW 90.82.040(2)(e), the planning unit must complete a detailed implementation plan.
Submittal of a detailed implementation plan to the department is a condition of receiving grants for the second and all
subsequent years of the phase four grant.
(2) Each implementation plan must contain strategies to
provide sufficient water for: (a) Production agriculture; (b)
commercial, industrial, and residential use; and (c) instream
flows. Each implementation plan must contain timelines to
achieve these strategies and interim milestones to measure
progress.
(3) The implementation plan must clearly define coordination and oversight responsibilities; any needed interlocal
agreements, rules, or ordinances; any needed state or local
administrative approvals and permits that must be secured;
and specific funding mechanisms.
(4) In developing the implementation plan, the planning
unit must consult with other entities planning in the watershed management area and identify and seek to eliminate any
activities or policies that are duplicative or inconsistent.
(5) By December 1, 2003, and by December 1st of each
subsequent year, the director of the department shall report to
the appropriate legislative standing committees regarding
statutory changes necessary to enable state agency approval
or permit decision making needed to implement a plan
approved under this chapter. [2003 1st sp.s. c 4 § 3.]
Findings—2003 1st sp.s. c 4: See note following RCW 90.82.040.
90.82.048
90.82.048 Implementation plan—Timelines and
milestones. (1) The timelines and interim milestones in a
detailed implementation plan required by RCW 90.82.043
must address the planned future use of existing water rights
[2003 RCW Supp—page 1169]
90.82.060
Title 90 RCW: Water Rights—Environment
for municipal water supply purposes, as defined in RCW
90.03.015, that are inchoate, including how these rights will
be used to meet the projected future needs identified in the
watershed plan, and how the use of these rights will be
addressed when implementing instream flow strategies identified in the watershed plan.
(2) The watershed planning unit or other authorized lead
agency shall ensure that holders of water rights for municipal
water supply purposes not currently in use are asked to participate in defining the timelines and interim milestones to be
included in the detailed implementation plan.
(3) The department of health shall annually compile a list
of water system plans and plan updates to be reviewed by the
department during the coming year and shall consult with the
departments of community, trade, and economic development, ecology, and fish and wildlife to: (a) Identify watersheds where further coordination is needed between water
system planning and local watershed planning under this
chapter; and (b) develop a work plan for conducting the necessary coordination. [2003 1st sp.s. c 5 § 9.]
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
90.82.060
90.82.060 Initiation of watershed planning—Scope of
planning—Technical assistance from state agencies. (1)
Planning conducted under this chapter must provide for a
process to allow the local citizens within a WRIA or multiWRIA area to join together in an effort to: (a) Assess the status of the water resources of their WRIA or multi-WRIA
area; and (b) determine how best to manage the water
resources of the WRIA or multi-WRIA area to balance the
competing resource demands for that area within the parameters under RCW 90.82.120.
(2) Watershed planning under this chapter may be initiated for a WRIA only with the concurrence of: (a) All counties within the WRIA; (b) the largest city or town within the
WRIA unless the WRIA does not contain a city or town; and
(c) the water supply utility obtaining the largest quantity of
water from the WRIA or, for a WRIA with lands within the
Columbia Basin project, the water supply utility obtaining
from the Columbia Basin project the largest quantity of water
for the WRIA. To apply for a grant for organizing the planning unit as provided for under RCW 90.82.040(2)(a), these
entities shall designate the entity that will serve as the lead
agency for the planning effort and indicate how the planning
unit will be staffed. For purposes of this chapter, WRIA 40
shall be divided such that the portion of the WRIA located
entirely within the Stemilt and Squilchuck subbasins shall be
considered WRIA 40a and the remaining portion shall be
considered WRIA 40b. Planning may be conducted separately for WRIA 40a and 40b. WRIA 40a shall be eligible for
one-fourth of the funding available for a single WRIA, and
WRIA 40b shall be eligible for three-fourths of the funding
available for a single WRIA.
(3) Watershed planning under this chapter may be initiated for a multi-WRIA area only with the concurrence of: (a)
All counties within the multi-WRIA area; (b) the largest city
or town in each WRIA unless the WRIA does not contain a
city or town; and (c) the water supply utility obtaining the
largest quantity of water in each WRIA.
[2003 RCW Supp—page 1170]
(4) If entities in subsection (2) or (3) of this section
decide jointly and unanimously to proceed, they shall invite
all tribes with reservation lands within the management area.
(5) The entities in subsection (2) or (3) of this section,
including the tribes if they affirmatively accept the invitation,
constitute the initiating governments for the purposes of this
section.
(6) The organizing grant shall be used to organize the
planning unit and to determine the scope of the planning to be
conducted. In determining the scope of the planning activities, consideration shall be given to all existing plans and
related planning activities. The scope of planning must
include water quantity elements as provided in RCW
90.82.070, and may include water quality elements as contained in RCW 90.82.090, habitat elements as contained in
RCW 90.82.100, and instream flow elements as contained in
RCW 90.82.080. The initiating governments shall work with
state government, other local governments within the management area, and affected tribal governments, in developing
a planning process. The initiating governments may hold
public meetings as deemed necessary to develop a proposed
scope of work and a proposed composition of the planning
unit. In developing a proposed composition of the planning
unit, the initiating governments shall provide for representation of a wide range of water resource interests.
(7) Each state agency with regulatory or other interests in
the WRIA or multi-WRIA area to be planned shall assist the
local citizens in the planning effort to the greatest extent practicable, recognizing any fiscal limitations. In providing such
technical assistance and to facilitate representation on the
planning unit, state agencies may organize and agree upon
their representation on the planning unit. Such technical
assistance must only be at the request of and to the extent
desired by the planning unit conducting such planning. The
number of state agency representatives on the planning unit
shall be determined by the initiating governments in consultation with the governor's office.
(8) As used in this section, "lead agency" means the
entity that coordinates staff support of its own or of other
local governments and receives grants for developing a
watershed plan. [2003 c 328 § 1; 2001 c 229 § 1; 1998 c 247
§ 2.]
90.82.080
90.82.080 Instream flow component—Rules—
Report. (1)(a) If the initiating governments choose, by
majority vote, to include an instream flow component, it shall
be accomplished in the following manner:
(i) If minimum instream flows have already been
adopted by rule for a stream within the management area,
unless the members of the local governments and tribes on
the planning unit by a recorded unanimous vote request the
department to modify those flows, the minimum instream
flows shall not be modified under this chapter. If the members of local governments and tribes request the planning unit
to modify instream flows and unanimous approval of the
decision to modify such flow is not achieved, then the
instream flows shall not be modified under this section;
(ii) If minimum stream flows have not been adopted by
rule for a stream within the management area, setting the
minimum instream flows shall be a collaborative effort
between the department and members of the planning unit.
Watershed Planning
The department must attempt to achieve consensus and
approval among the members of the planning unit regarding
the minimum flows to be adopted by the department.
Approval is achieved if all government members and tribes
that have been invited and accepted on the planning unit
present for a recorded vote unanimously vote to support the
proposed minimum instream flows, and all nongovernmental
members of the planning unit present for the recorded vote,
by a majority, vote to support the proposed minimum
instream flows.
(b) The department shall undertake rule making to adopt
flows under (a) of this subsection. The department may
adopt the rules either by the regular rules adoption process
provided in chapter 34.05 RCW, the expedited rules adoption
process as set forth in RCW 34.05.353, or through a rules
adoption process that uses public hearings and notice provided by the county legislative authority to the greatest extent
possible. Such rules do not constitute significant legislative
rules as defined in RCW 34.05.328, and do not require the
preparation of small business economic impact statements.
(c) If approval is not achieved within four years of the
date the planning unit first receives funds from the department for conducting watershed assessments under RCW
90.82.040, the department may promptly initiate rule making
under chapter 34.05 RCW to establish flows for those
streams and shall have two additional years to establish the
instream flows for those streams for which approval is not
achieved.
(2)(a) Notwithstanding RCW 90.03.345, minimum
instream flows set under this section for rivers or streams that
do not have existing minimum instream flow levels set by
rule of the department shall have a priority date of two years
after funding is first received from the department under
RCW 90.82.040, unless determined otherwise by a unanimous vote of the members of the planning unit but in no
instance may it be later than the effective date of the rule
adopting such flow.
(b) Any increase to an existing minimum instream flow
set by rule of the department shall have a priority date of two
years after funding is first received for planning in the WRIA
or multi-WRIA area from the department under RCW
90.82.040 and the priority date of the portion of the minimum
instream flow previously established by rule shall retain its
priority date as established under RCW 90.03.345.
(c) Any existing minimum instream flow set by rule of
the department that is reduced shall retain its original date of
priority as established by RCW 90.03.345 for the revised
amount of the minimum instream flow level.
(3) Before setting minimum instream flows under this
section, the department shall engage in government-to-government consultation with affected tribes in the management
area regarding the setting of such flows.
(4) Nothing in this chapter either: (a) Affects the department's authority to establish flow requirements or other conditions under RCW 90.48.260 or the federal clean water act
(33 U.S.C. Sec. 1251 et seq.) for the licensing or relicensing
of a hydroelectric power project under the federal power act
(16 U.S.C. Sec. 791 et seq.); or (b) affects or impairs existing
instream flow requirements and other conditions in a current
license for a hydroelectric power project licensed under the
federal power act.
90.82.130
(5) If the planning unit is unable to obtain unanimity
under subsection (1) of this section, the department may
adopt rules setting such flows.
(6) The department shall report annually to the appropriate legislative standing committees on the progress of
instream flows being set under this chapter, as well as
progress toward setting instream flows in those watersheds
not being planned under this chapter. The report shall be
made by December 1, 2003, and by December 1st of each
subsequent year. [2003 1st sp.s. c 4 § 4; 1998 c 247 § 4.]
Findings—2003 1st sp.s. c 4: See note following RCW 90.82.040.
90.82.130
90.82.130 Plan approval—Public notice and hearing—Revisions. (1)(a) Upon completing its proposed watershed plan, the planning unit may approve the proposal by
consensus of all of the members of the planning unit or by
consensus among the members of the planning unit appointed
to represent units of government and a majority vote of the
nongovernmental members of the planning unit.
(b) If the proposal is approved by the planning unit, the
unit shall submit the proposal to the counties with territory
within the management area. If the planning unit has
received funding beyond the initial organizing grant under
RCW 90.82.040, such a proposal approved by the planning
unit shall be submitted to the counties within four years of the
date that funds beyond the initial funding are first drawn upon
by the planning unit.
(c) If the watershed plan is not approved by the planning
unit, the planning unit may submit the components of the
plan for which agreement is achieved using the procedure
under (a) of this subsection, or the planning unit may terminate the planning process.
(2)(a) With the exception of a county legislative authority that chooses to opt out of watershed planning as provided
in (c) of this subsection, the legislative authority of each of
the counties with territory in the management area shall provide public notice of and conduct at least one public hearing
on the proposed watershed plan submitted under this section.
After the public hearings, the legislative authorities of these
counties shall convene in joint session to consider the proposal. The counties may approve or reject the proposed
watershed plan for the management area, but may not amend
it. Approval of such a proposal shall be made by a majority
vote of the members of each of the counties with territory in
the management area.
(b) If a proposed watershed plan is not approved, it shall
be returned to the planning unit with recommendations for
revisions. Approval of such a revised proposal by the planning unit and the counties shall be made in the same manner
provided for the original watershed plan. If approval of the
revised plan is not achieved, the process shall terminate.
(c) A county legislative authority may choose to opt out
of watershed planning under this chapter and the public hearing processes under (a) and (b) of this subsection if the
county's affected territory within a particular management
area is: (i) Less than five percent of the total territory within
the management area; or (ii) five percent or more of the total
territory within the management area and all other initiating
governments within the management area consent. A county
meeting these conditions and choosing to opt out shall notify
the department and the other initiating governments of that
[2003 RCW Supp—page 1171]
90.82.130
Title 90 RCW: Water Rights—Environment
choice prior to commencement of plan adoption under the
provisions of (a) of this subsection. A county choosing to opt
out under the provisions of this section shall not be bound by
obligations contained in the watershed plan adopted for that
management area under this chapter. Even if a county
chooses to opt out under the provisions of this section, the
other counties within a management area may adopt a proposed watershed plan as provided in this chapter.
(3) The planning unit shall not add an element to its
watershed plan that creates an obligation unless each of the
governments to be obligated has at least one representative
on the planning unit and the respective members appointed to
represent those governments agree to adding the element that
creates the obligation. A member's agreeing to add an element shall be evidenced by a recorded vote of all members of
the planning unit in which the members record support for
adding the element. If the watershed plan is approved under
subsections (1) and (2) of this section and the plan creates
obligations: (a) For agencies of state government, the agencies shall adopt by rule the obligations of both state and
county governments and rules implementing the state obligations, or, with the consent of the planning unit, may adopt
policies, procedures, or agreements related to the obligations
or implementation of the obligations in addition to or in lieu
of rules. The obligations on state agencies are binding upon
adoption of the obligations, and the agencies shall take other
actions to fulfill their obligations as soon as possible, and
should annually review implementation needs with respect to
budget and staffing; (b) for counties, the obligations are binding on the counties and the counties shall adopt any necessary
implementing ordinances and take other actions to fulfill
their obligations as soon as possible, and should annually
review implementation needs with respect to budget and
staffing; or (c) for an organization voluntarily accepting an
obligation, the organization must adopt policies, procedures,
agreements, rules, or ordinances to implement the plan, and
should annually review implementation needs with respect to
budget and staffing.
(4) After a plan is adopted in accordance with subsection
(3) of this section, and if the department participated in the
planning process, the plan shall be deemed to satisfy the
watershed planning authority of the department with respect
to the components included under the provisions of RCW
90.82.070 through 90.82.100 for the watershed or watersheds
included in the plan. The department shall use the plan as the
framework for making future water resource decisions for the
planned watershed or watersheds. Additionally, the department shall rely upon the plan as a primary consideration in
determining the public interest related to such decisions.
(5) Once a WRIA plan has been approved under subsection (2) of this section for a watershed, the department may
develop and adopt modifications to the plan or obligations
imposed by the plan only through a form of negotiated rule
making that uses the same processes that applied in that
watershed for developing the plan.
(6) As used in this section, "obligation" means any action
required as a result of this chapter that imposes upon a tribal
government, county government, or state government, either:
A fiscal impact; a redeployment of resources; or a change of
existing policy. [2003 1st sp.s. c 4 § 5; 2001 c 237 § 4; 1998
c 247 § 9.]
[2003 RCW Supp—page 1172]
Findings—2003 1st sp.s. c 4: See note following RCW 90.82.040.
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
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